Mississippi Today
New organization pushes Legislature to restore ballot initiative
Leaders of a recently formed organization hope they can finally convince a new slate of state lawmakers to restore a process for Mississippians to bypass politicians at the Capitol and place initiatives on a statewide ballot for consideration.
A bipartisan group of political and business leaders from across the state created Ballot Access Mississippi, or BAM, to provide an outlet for voters to advocate the state Legislature to reinstate the initiative.
“It’s one of those things that everybody is for, but it’s not the main focus of anyone right now,” said Spence Flatgard, the chairman of the organization. “We saw BAM as a way to be helpful.”
The Mississippi Constitution explicitly gives citizens the right to place measures on a statewide ballot for consideration. But the Mississippi Supreme Court in 2021 struck down the state’s initiative process because of a technicality over the number of the state’s congressional districts.
The leaders of the Capitol’s two legislative chambers recently told the reporters they support legislation to restore the initiative.
House Speaker Jason White, R-West, told reporters last week that the House will likely vote on legislation early in the session to restore the initiative process.
“It will probably have a slightly higher signature threshold than what we had before the Supreme Court ruled,” White said. “It will probably also include that those initiatives go into statute and not in the Constitution.”
Similarly, Leah Smith, a spokesperson for Republican Lt. Gov. Delbert Hosemann, said in a statement that Senate leaders anticipate they will debate the initiative process with “more discussion around signature and other requirements.”
“The Lt. Governor has consistently said he supports an initiative process,” Smith said.
The House and Senate, for the last two legislative sessions, failed to reach an agreement over how to restore the initiative process, with the main disagreement between the two chambers centering on how many signatures petitioners should be required to gather.
The prior process required organizers to gather around 106,190 signatures before the initiative could be placed on a ballot. After the court struck down the process, the House wanted a signature requirement similar to the old process, while the Senate wanted a higher requirement.
This year, Flatgard thinks BAM can break through a potential impasse by advocating for the initiative earlier in the session and having the organization’s board members work directly with key legislative leaders.
“We’re trying to tee it up early, and once it is teed up, we have people on the board who know House and Senate leaders and can help facilitate a resolution that restores the right at the end,” Flatgard said.
During the 30 years that the state had an initiative, only seven proposals made it to a statewide ballot: two initiatives for term limits, eminent domain, voter ID, a personhood amendment, medical marijuana and a measure forcing lawmakers to fund public education fully.
Of those seven, only eminent domain, voter ID and medical marijuana were approved by voters. The rest were rejected.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court
The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.
Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.
Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.
The PAC should receive an award or at least be considered for an honor for best fiction writing.
At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.
It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.
Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.
As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.
And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.
A look at the history of the members of the Supreme Court might be helpful.
Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.
Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.
Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.
But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.
Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.
The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.
It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.
Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.
But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1968
Nov. 24, 1968
Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.”
The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure.
Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service.
From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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