Mississippi Today
Federal court says Mississippi can’t count late ballots but the ruling doesn’t affect Nov. 5 vote
JACKSON, Miss. (AP) — A conservative federal court on Friday said Mississippi cannot count mail-in ballots that arrive shortly after Election Day, although the decision was not expected to affect the Nov. 5 election.
While the appellate judges firmly asserted that counting late ballots violates federal law, even if those ballots are postmarked by Election Day, the judges stopped short of an order immediately blocking Mississippi from continuing the practice. Their ruling noted federal court precedents have discouraged court actions that change established procedures shortly before an election.
The ultimate outcome may be negligible in most elections in heavily Republican Mississippi, however the case could also affect voting in swing states.
The three-judge panel of the 5th U.S. Circuit Court of Appeals reversed a July decision by U.S. District Judge Louis Guirola Jr., who had dismissed challenges to Mississippi’s election law by the Republican National Committee, the Libertarian Party of Mississippi and others. The appeals court order sent the case back to Guirola for further action, but the issue may wind up at the Supreme Court.
The appeals court said its ruling Friday would not be returned to a lower court until seven days after the deadline for appealing their decision has passed — which is usually at least 14 days. That would put the effect of the ruling well past Nov. 5.
UCLA law professor Richard Hasen wrote on his election law blog that the appeals court ruling was a “bonkers opinion” and noted that “every other court to face these cases has rejected this argument.”
Republicans filed more than 100 lawsuits challenging various aspects of vote-casting after being chastised repeatedly by judges in 2020 for bringing complaints about how the election was run only after votes were tallied.
Republican National Committee Chairman Michael Whatley praised the ruling for upholding “commonsense ballot safeguards” and said voters deserve “a transparent election which ends on November 5th.”
Mississippi is one of several states with laws allowing mailed ballots to be counted if they are postmarked by Election Day, according to the National Conference of State Legislatures. The list includes swing states such as Nevada and states such as Colorado, Oregon and Utah that rely heavily on mail voting.
In July, a federal judge dismissed a similar lawsuit in Nevada. The Republican National Committee is asking the 9th Circuit Court of Appeals to revive that case.
Guirola wrote that Mississippi’s law does not conflict with federal election laws. The suit challenging the Mississippi law argued that the state improperly extends the federal election and that, as a result, “timely, valid ballots are diluted by untimely, invalid ballots.”
Guirola disagreed, writing in July that “no ‘final selection’ is made after the federal election day under Mississippi’s law. All that occurs after election day is the delivery and counting of ballots cast on or before election day.”
Although the Mississippi challenge was led by Republicans and Libertarians, there is bipartisan support for the Mississippi practice. Mississippi Attorney General Lynn Fitch is defending the state’s top election official. Secretary of State Michael Watson a defendant in the case. Both are Republicans.
The members of the appellate panel that reversed Guirola were judges James Ho, Stuart Kyle Duncan and Andrew Oldham, all nominated to the 5th Circuit by former President Donald Trump.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Public Goon Squad ‘listening session’ by Rankin County NAACP and Justice Department turns private after attorneys for sheriff’s department and county arrive
A “listening session” organized by the Rankin County chapter of the NAACP along with the Department of Justice changed course after attorneys who represent the sheriff’s department and the county sat in, and were asked to leave to prevent victims from feeling intimidated.
The NAACP had organized the session on Thursday, Oct. 25, at Mount Carmel Ministries in Pearl in association with the Justice Department to provide for a safe space for victims of police excesses by Rankin County law enforcement to speak up. The Justice Department opened an investigation into the patterns and practices of policing in Rankin County last month, after six members of a “Goon Squad” of deputies were sentenced for their role in the abuse and torture of three men. An investigation by the New York Times and Mississippi Today had revealed that the abuse spanned decades, and dozens of Rankin County residents had experienced similar brutality at the hands of officers.
U.S. Attorney General Merrick Garland had called the actions of the “Goon Squad” “a betrayal of their community, a betrayal of their profession.”
The invitation to the listening session urged Rankin County residents who felt that they had been affected by any kind of discrimination, harassment or potential civil rights violations to attend.
Angela English, president of the Rankin County chapter of the NAACP, said that when she asked the attorneys to leave, they refused, insisting the session was a public event. So instead of inviting attendees to share their experiences with the group as planned, the NAACP arranged for private one-on-one sessions in separate rooms of the church.
“When they realized they weren’t hearing anything, they left after like 20, 30 minutes,” English said about the attorneys.
She claimed that a Rankin County deputy and a former officer of the FBI were also present.
In a statement made on Facebook in September, the Rankin County Sheriff’s Department had written that it would “fully cooperate” with all aspects of the Justice Department’s investigation, “while also welcoming DOJ’s input into our updated policies and practices.”
Jason Dare, an attorney who represents the Rankin County Sheriff’s Department, said he was not attending on behalf of the department, but rather in his individual capacity as a member of the Rankin County community. He claimed that he was there to learn.
“That is the most absurd thing I’ve ever heard,” English said.
“I was just sitting in the back. I was not dressed in anything other than attorney attire,” Dare said. He added that he did not have a badge or gun issued by the sheriff’s department.
“I’m not sure anybody even knew who I was until I was introduced [to English] and I was asked to leave.”
Dare said he told two Justice Department officials that he planned to attend the listening session a day in advance, and that they didn’t raise concerns.
Mississippi Today has attempted to reach Neeta Pal of the Department of Justice. This story will be updated if she responds.
Richard Cirilli, an attorney at Brunini Law who attended the session, had not responded to a request for comment at press time. In 2018 and 2019, the Rankin County Board of Supervisors hired the Brunini firm to lobby on their behalf, according to government transparency group OpenSecrets. The story will be updated if and when Cirilli responds.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Perfect-Fit Alterations. A Fondren District fixture for 34 years
There are adages about sewing that make one smile.
“Sewing isn’t just a hobby, it’s a way of life.”
“Sewing is my happy place.”
“Sewing is like magic, but with fabric.”
All true for Annette Olowo-Ake, who with her husband Mike, owns and operates Perfect-Fit Alterations, located in the Fondren District in Jackson. The business sits tucked just west of North State Street on Mitchell Avenue.
For 34 years, Olowo-Ake has made magic with needle, thread and fabric, whether she brings a teenager’s glam dress dream come true from a photograph to altering the length of a tee shirt to an emergency popped zipper fix or broken button. She admits, she really is in her happy place.
Walk into her alteration shop and be immediately greeted with a smile.
“My grandmother taught me to sew,” said Olowo-Ake. “I was an accounting major. And yes, I had an accounting job,” she shares with a slight eye roll. “But I kept drifting back to sewing. I realized I loved my sewing more. So, here I am.”
“One thing accounting taught me, though, was how to manage money.”
“My husband and I started out with no loans of any kind. You know what we did? We saved our income tax checks and each time, we would buy one piece of equipment. We paid ourselves a salary. But that was it. No dipping into the bank account for frivolous things.”
“Over time and different locations, we built up a following. We built up a business,” she says proudly. “This place here was originally my husband’s shop. I was over on Old Canton Road. But as the years passed, as we got older, we simply decided to just have this one. And it’s been a blessing.”
Covered in bits of thread and wearing more varied sizes of pins in her work smock than a pin cushion, Olowo-Ake doesn’t miss a beat, from taking measurements for a party dress, writing up a customer’s requests, answering the phone and shouting out a greeting to a previous customer who “didn’t want to hold you up, I just stopped my to say, hi.”
“She’s good people and a good, good friend,” said Dr. Jim Aron, checking on clothing he’d previously dropped off and needing broken buttons replaced on a pair of slacks.
“I’ve known him since he was a med student driving a beat up old truck,” said Olowo-Ake, taking a pair of slacks from the doctor. “It’s a little over 30 years, ’bout as long as I’ve been here. All of his children are doctors now. That’s how long we’ve known each other.”
The two hug and the doctor heads on his way as another customer enters the shop, and is greeted by name.
It’s obvious Olowo-Ake is truly wielding magic with fabrics and threads. She’s creating, making memories, friends and repeat business.
“This is an art I learned from my grandmother. It’s kind of sad really, because it’s a dying art. Kids today seem to be more interested in their phones. It’s a new age, though. I don’t fault them. Times change.”
Perfect-Fit Alterations is located at 538 Mitchell Ave. in the Fondren District in Jackson.
Shop hours: Monday – Friday, noon – 5 p.m. Closed: Saturday and Sunday.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1940
Oct. 25, 1940
Benjamin O. Davis Sr. became the first Black American promoted to brigadier general in the U.S. Army.
His parents wanted him to head to college after graduating high school, but Davis chose a military career instead. He served in the Spanish-American War in the 8th United States Volunteer Infantry, an all-Black unit.
He overcame rampant prejudice and rose in the ranks. In 1900, he became the first Black American officer, and a year later, he was commissioned as a second lieutenant in the Army. He served with the famed “Buffalo Soldiers” regiment in the Philippines, leading to his temporary promotion to lieutenant colonel.
During World War II, he became the Army’s top adviser on race relations and served with the European Theater of Operation. For his stellar work, the Army honored him with the Bronze Star Medal and the Distinguished Service Medal, France awarded him the Croix de Guerre with Palm and Liberia gave him the Grade of Commander of the Order of the Star of Africa.
His important work paved the way for other people of color — just one of six Black officers in the Army between the Civil War to World War II.
On July 20, 1948, after 50 years of military service, Davis retired in a public ceremony with President Harry Truman presiding. Six days later, Truman issued Executive Order 9981, which abolished racial discrimination in the armed forces. Twenty-two years later, Davis died and was buried at Arlington National Cemetery. In 1997, the U.S. Postal Service issued a stamp in his honor.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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