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
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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