Mississippi Today
Attorney General Lynn Fitch wants campaign finance reform and more enforcement — wait, what?
Attorney General Lynn Fitch’s reluctance to investigate or prosecute campaign finance violations last year prompted other state leaders to call for reform and more enforcement.
Now Fitch is calling for — wait for it — campaign finance reform and more enforcement. This appears to be at least in part political damage control, trying to get out front in an area where she’s drawn slings and arrows.
Fitch, whose own campaign is largely funded by out-of-state special interests, in a brief media tour with conservative media outlets said she wants to put a halt to “out of state influencers” with deep pockets meddling in Mississippi elections.
But oddly, in announcing this crusade, Fitch offered an open call to out-of-state influencers to dump unlimited amounts of money into Mississippi elections.
Fitch, in her press release announcing her call for reform, said — contrary to more than 30 years of legal interpretation and practice — there is no limit to the amount of money out-of-state corporations can donate to a Mississippi candidate. She even put it in italics, for emphasis on her attempted nullification of one of the few stringent campaign donation rules Mississippi has.
This goes against at least 30 years of legal interpretation and practice. Mississippi candidates and campaigns, bless their hearts, have operated under the assumption that out-of-state corporations face the same $1,000 a year donation limit as in-state corporations.
In its written campaign finance guide for Mississippi candidates, the secretary of state’s office for decades has advised candidates: “Corporations, incorporated companies, and incorporated associations are prohibited from contributing more than $1,000 per calendar year, directly or indirectly, to a political party, candidate for office or political committee.” The current 2024 guide for candidates includes this same language that does not make a distinction between out-of-state and in-state corporations.
Fitch’s office did not answer questions about her new interpretation that such limits don’t apply to out-of-state corporations. It would appear that only months ago — on Aug. 4, 2023 — Fitch herself appeared to believe that limit applied. She announced, after months of inaction on major campaign finance complaints, that her office was investigating whether a PAC run by lieutenant governor candidate Chris McDaniel’s campaign treasurer tried “exceeding corporate contribution limits” by shuffling out-of-state money through PACs.
But now, Fitch contends out-of-state corporations do not face the state’s $1,000 limit law. This is likely based on the wording of that law, which says, “It shall be unlawful for any corporation … organized under the laws of this state” to exceed $1,000 a year in donations to a candidate. But that law also says this applies to any corporation “doing business in this state.” This language, similar to corporate law and rules elsewhere in Mississippi regulations and those of other states, has been generously interpreted. Doing business in this state can mean many things, including making a donation to a candidate, and hence out-of-state corporations have been at least in practice limited to $1,000 a year.
READ MORE: Chris McDaniel, Lynn Fitch and the case of the missing $15,000
It would appear Fitch — the only statewide official with clear authority to investigate and prosecute campaign finance violations — is going through some legal contortions in an effort to avoid having to do so. Many political observers believe this is because she has higher political ambition, perhaps for the governor’s office, and doesn’t want to draw ire from the more conservative wing of the GOP by clamping down on campaign finances.
In a radio interview last week, Fitch said, “We’re allowing out-of-state influencers to determine and to pick who the candidates should be in our state … (and) We’ve got to have enforcement.” She said there were instances last election that were “clearly unethical and clearly immoral … but they weren’t criminal under our laws.” She said she wants lawmakers to fix that. Others have said Fitch’s office has campaign enforcement power that she refuses to exercise.
Fitch’s call for reform and limiting out-of-state money in Mississippi rings a little hollow. A majority of Fitch’s own campaign money, according to her 2023 finance reports, came from out-of-state businesses: about $727,000 of $1.27 million.
Fitch also appears to get lots of money from out-of-state interests to whom her office awards contracts. Records show that Fitch signed at least nine AG office contracts last year with out-of-state law firms (law firms and other forms of limited liability companies do not face a $1,000 limit) that had donated more than $300,000 to her campaign.
Secretary of State Michael Watson declined comment on Fitch’s call for reform and statement that the $1,000 limit doesn’t apply to out-of-state corporations. Watson has called for major reforms and last summer appeared to take a dig at Fitch when he said he wasn’t seeking more power for his office.
“But when people do not do their jobs,” he said, “I will stand in the gap for Mississippians.”
READ MORE: Chris McDaniel, Lynn Fitch show that Mississippi might as well not have campaign finance laws
Lt. Gov. Delbert Hosemann, who filed several campaign finance complaints with the AG’s office against his primary opponent McDaniel last year, has also called for reform and more enforcement. On primary election night when his victory was evident, Hosemann said campaign finance reform would be a top Senate priority this session.
Calls for Mississippi campaign finance reform are fairly common, particularly during statewide election years. But actual reform is rare. In 2017, after a more than year-long investigative series by the Clarion Ledger, lawmakers did pass law ending the practice of Mississippi politicians spending campaign donations for personal expenses — a practice dubbed “legalized bribery.”
But otherwise, Mississippi’s weak campaign finance laws for decades have only been tweaked and changed piecemeal. The laws are now a confusing, often conflicting, patchwork. For instance, the new law on spending for personal expenses conflicts with some existing law that was left intact.
And enforcement has been nearly nonexistent.
It’s unclear whether sweeping reform such as that being proposed by Watson will be addressed this legislative session. Generally lawmakers are loath to police their own campaigns or give more enforcement power to any other office holder. Some have said the appointed Ethics Commission should be given more authority and enforcement power, as many other states have non-elected entities policing campaign finances.
Fitch’s Democratic challenger in last year’s election, attorney Greta Kemp Martin, campaigned unsuccessfully on reform and enforcement of campaign finance laws.
“It’s amusing to see Attorney General Fitch’s newfound interest in election laws,” Martin said last week, “especially considering there was no apparent concern leading up to Election Day. Enhance penalties, reform and clarity are needed in Mississippi campaign finance for sure. But AG Fitch has not shown that enforcement of even the minimal laws currently in place has even been a priority for her office … Further, this sudden interest has me curious as to whether AG Fitch has taken a look at her own financial reports, especially when it involves out-of-state donations.”
Fitch did not provide great detail on her “reform package” in her press release or subsequent interviews. Her office did not answer questions on what specific bills might be forthcoming or which lawmakers would be filing them.
But Fitch did say she wants more transparency and truthfulness in campaign finance reporting, suggesting “adding a penalty of perjury to all campaign finance reports, which can carry up to 10 years in prison.” She also called for improving the civil penalties for violations and “giving the secretary of state authority to do his job” of making public campaign finance reports easy to read and search.
Despite most everyone else already thinking it’s the law for decades, Fitch wants to prohibit “all corporate contributions over $1,000 — not just those made by Mississippi corporations, which is current law.” (Those italics are by her.)
In her press release, Fitch said: “We have devised a package of reforms that will tighten the laws to keep outside special interests from meddling in our elections, to give Mississippi voters the tools to know who is trying to influence their vote, and to hold bad actors accountable.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1875
Nov. 2, 1875
The first Mississippi Plan, which included violence against Black Americans to keep them from voting, resulted in huge victories for white Democrats across the state.
A year earlier, the Republican Party had carried a majority of the votes, and many Black Mississippians had been elected to office. In the wake of those victories, white leagues arose to challenge Republican rule and began to use widespread violence and fraud to recapture control of the state.
Over several days in September 1875, about 50 Black Mississippians were killed along with white supporters, including a school teacher who worked with the Black community in Clinton.
The governor asked President Ulysses Grant to intervene, but he decided against intervening, and the violence and fraud continued. Other Southern states soon copied the Mississippi plan.
John R. Lynch, the last Black congressman for Mississippi until the 1986 election of Mike Espy, wrote: “It was a well-known fact that in 1875 nearly every Democratic club in the State was converted into an armed military company.”
A federal grand jury concluded: “Fraud, intimidation, and violence perpetrated at the last election is without a parallel in the annals of history.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
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We’ll examine what’s at stake if local newsrooms lose press freedoms and will discuss how you, as members of the public, can help protect it. This event is open to Mississippi Today and Verite News members as a special thank-you for supporting local journalism and standing with us in this mission. Donate today to RSVP!
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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Hinds County loses fight over control of jail
The Hinds County sheriff and Board of Supervisors have lost an appeal to prevent control of its jail by a court-appointed receiver and an injunction that orders the county to address unconstitutional conditions in the facility.
Two members from a three-judge panel of the 5th U.S. Circuit Court of Appeals agreed with decisions by U.S. District Judge Carlton Reeves to appoint a receiver to oversee day-to-day jail operations and keep parts of a previous consent decree in place to fix constitutional violations, including a failure to protect detainees from harm.
However, the appeals court called the new injunction “overly broad” in one area and is asking Reeves to reevaluate the scope of the receivership.
The injunction retained provisions relating to sexual assault, but the appeals court found the provisions were tied to general risk of violence at the jail, rather than specific concerns about the Prison Rape Elimination Act. The court reversed those points of the injunction and remanded them to the district court so the provisions can be removed.
The court also found that the receiver should not have authority over budgeting and staff salaries for the Raymond Detention Center, which could be seen as “federal intrusion into RDC’s budget” – especially if the receivership has no end date.
Hinds County Board of Supervisors President Robert Graham was not immediately available for comment Friday. Sheriff Tyree Jones declined to comment because he has not yet read the entire court opinion.
In 2016, the Department of Justice sued Hinds County alleging a pattern or practice of unconstitutional conditions in four of its detention facilities. The county and DOJ entered a consent decree with stipulated changes to make for the jail system, which holds people facing trial.
“But the decree did not resolve the dispute; to the contrary, a yearslong battle ensued in the district court as to whether and to what extent the County was complying with the consent decree,” the appeals court wrote.
This prompted Reeves to hold the county in contempt of court twice in 2022.
The county argued it was doing its best to comply with the consent decree and spending millions to fix the jail. One of the solutions they offered was building a new jail, which is now under construction in Jackson.
The county had a chance to further prove itself during three weeks of hearings held in February 2022. Focuses included the death of seven detainees in 2021 from assaults and suicide and issues with staffing, contraband, old infrastructure and use of force.
Seeing partial compliance by the county, in April 2022 Reeves dismissed the consent decree and issued a new, shorter injunction focused on the jail and removed some provisions from the decree.
But Reeves didn’t see improvement from there. In July 2022, he ordered receivership and wrote that it was needed because of an ongoing risk of unconstitutional harm to jail detainees and staff.
The county pushed back against federal oversight and filed an appeal, arguing that there isn’t sufficient evidence to show that there are current and ongoing constitutional violations at the jail and that the county has acted with deliberate indifference.
Days before the appointed receiver was set to take control of the jail at the beginning of 2023, the 5th Circuit Court ordered a stay to halt that receiver’s work. The new injunction ordered by Reeves was also stayed, and a three-person jail monitoring team that had been in place for years also was ordered to stop work.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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