County clerks file motions to quash McDaniel subpoena for electi - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

County clerks file motions to quash McDaniel subpoena for election materials

JONES COUNTY, MS (WDAM) -

Circuit clerks in Adams and Oktibbeha counties have filed motions to quash or modify the subpoena from Chris McDaniel's attorney Mitch Tyner that requested all original election materials from the United States Senate Republican Primary be forward to the Jones County Circuit Clerk by Friday.

Tyner's subpoena was sent to selected counties after special appointed Judge Hollis McGehee sent a letter to all 82 counties to ask that clerks preserve election materials. According to law, election materials must be kept two years after an election.

The motion from Oktibbeha County's clerk Glenn Hamilton argued that the subpoena was not issued properly and failed to include allowance to the clerk to "redact portions protected by the open records law."

Hamilton, who is represented by Starkville attorney Jackson M. Brown, claimed he was not given a reasonable amount of time to send all of the election materials to Jones County and said in the motion that the information on those materials would be in an "improper place for examination."

The motion also requested two sanctions against McDaniel, one of them being monetary for the "hundreds of thousands of dollars allegedly campaign contributions" that the motion claimed McDaniel has continued to collect. The other sanction was requested due to the subpoena being "exercised in bad faith as well as in such a manner that unreasonably annoys, embarrasses and oppresses movant to curb abuses."

To see the motion from Oktibbeha County, click here.

Judge McGehee will hold a motions hearing Thursday morning at 9:30 a.m. in Jones County Circuit Court. It is unclear whether he will hear motions filed Wednesday. WDAM will live stream that hearing online.

Copyright 2014 WDAM. All rights reserved.

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