The state attorney general is weighing in again on the battle over where a special election for Trent Lott's former U.S. Senate seat should appear on the November ballot.
Democrat Attorney General Jim Hood filed a friend-of-the-court petition with the supreme court Monday. Hood argues that placing the special election at the bottom of the ballot will disenfranchise thousands of voters. He says the governor is not above the law and the order of the ballot is mandated by law.
Hood also argues placing the special election at the bottom of the ballot would require pre-clearance.
Governor Haley Barbour, a Republican, decided the race between Republican Roger Wicker and Democrat Ronnie Musgrove should appear near the bottom of the November 4 ballot, saying that is where special elections have appeared for years.
Trudy Berger, a Democratic election commissioner in Pike County, sued the governor. Hinds County Circuit Judge Tomie Green ruled Friday that the race must go near the top of the ballot.
Barbour appealed to the supreme court. The court has given no indication of when it might rule.