US judge hears arguments in Mississippi House election spat

Rep. Bo Eaton, (AP Photo/Rogelio V. Solis)

By EMILY WAGSTER PETTUS
Associated Press

Rep. Bo Eaton, D-Taylorsville, said an exchange would help the working poor — people who can't currently afford insurance but make too much money to be on Medicaid as the Republican-controlled House started debating a Medicaid reauthorization bill late Thursday morning, June 27, 2013 during the Special Session of the Legislature at the Capitol in Jackson, Miss. Medicaid is a government health insurance program for the needy, and it covers about 644,000 of the state's nearly 3 million residents. (AP Photo/Rogelio V. Solis)
Rep. Bo Eaton  (AP Photo/Rogelio V. Solis)

 

JACKSON, Miss. (AP) – A federal judge hears arguments Friday over whether to dismiss a lawsuit challenging a 2015 Mississippi election that went to a drawing of straws.

Voters who filed suit are demanding that Democratic former Rep. Bo Eaton of Taylorsville be seated in place of Republican Rep. Mark Tullos of Raleigh.

The election in Smith and Jasper counties was certified a tie, and Eaton won a tiebreaker in a drawing of straws.

But, in January, the Republican-led House tossed five provisional ballots for Eaton.

Split mostly along party lines, the House voted 67-49 to declare Tullos the winner. That gave Republicans a three-fifths supermajority that allows them to pass tax and bond bills without help from Democrats.

Voters who filed suit say the House action broke the federal guarantee of equal protection.

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