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Federal court says Mississippi can’t count late ballots but the ruling doesn’t affect Nov. 5 vote

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mississippitoday.org – Associated Press – 2024-10-25 17:51:00

, Miss. (AP) — A conservative federal court on Friday said Mississippi cannot count mail-in ballots that arrive shortly after Election Day, although the was not expected to affect the Nov. 5 election.

While the appellate judges firmly asserted that counting late ballots violates federal , 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.”

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 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 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 was led by Republicans and Libertarians, there is bipartisan for the Mississippi practice. 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 .

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

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mississippitoday.org – Mukta Joshi and Steph Quinn – 2024-10-25 19:49:00

A “listening ” 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 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 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 . 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

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 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 . 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 that he planned to attend the listening session a day in advance, and that they didn’t raise concerns. 

Mississippi 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 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.

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Mississippi Today

Perfect-Fit Alterations. A Fondren District fixture for 34 years

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mississippitoday.org – Vickie King – 2024-10-25 09:03:00

Annette Olowo-Ake at Perfect-Fit Alterations, the business she and her husband Mike have operated in Fondren for 34 years, Thursday, Oct. 10, 2024, in . Credit: Vickie D. King/

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 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 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. 

Jasmine Epps stopped by Perfect-Fit Alterations for party dress measurements by Annette Olowo-Ake, Jackson, Thursday, Oct. 10, 2024. Olowo-ake and her husband Mike have operated their alterations business in the Fondren District for 34 years. Credit: Vickie D. King/Mississippi Today
Annette Olowo-Ake at Perfect-Fit Alterations selects threads she will use to hem a customer’s slacks at the business she and husband Mike have operated in the Fondren District for 34 years, Thursday, Oct. 10, 2024, in Jackson. Credit: Vickie D. King/Mississippi Today

Walk into her alteration and be immediately greeted with a smile.

Annette Olowo-Ake at Perfect-Fit Alterations, shares a laugh with a customer who stopped by to say hello as she replaces buttons on a customer’s slacks at the business she and husband Mike have operated in the Fondren District for 34 years, Thursday, Oct. 10, 2024, in Jackson. Credit: Vickie D. King/Mississippi Today

“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.”

Annette Olowo-Ake at Perfect-Fit Alterations threads her vintage Tacsew T175 blind stitch hemmer sewing machine, Thursday, Oct. 10, 2024. Credit: Vickie D. King/Mississippi Today
The hands of Annette Olowo-Ake, owner of Perfect-Fit Alterations, Thursday, Oct. 10, 2024, in Jackson. Olowo-Ake learned her craft from her grandmother. Credit: Vickie D. King/Mississippi Today

“Over time and different locations, we built up a . 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.”

“I can do it all, and I do it all,” said Annette Olowo-Ake, as she shortened an oversize t-shirt for a customer at her Perfect-Fit Alterations shop in the Fondren District, Thursday, Oct. 10, 2024. Credit: Vickie D. King/Mississippi Today
Annette Olowo-Ake, owner of Perfect-Fit Alterations, how she will use a “blind hem” to lengthen slacks, Thursday, Oct. 10, 2024, in Jackson. Credit: Vickie D. King/Mississippi Today
Annette Olowo-Ake at Perfect-Fit Alterations shows what a “blind hem” looks like, Thursday, Oct. 10, 2024. The stitching does not show on the outdside of a pant leg. Credit: Vickie D. King/Mississippi Today

“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 are now. That’s how long we’ve known each other.”

“I’ve known him since he was a med student. Now his kids are doctors,” said Perfect-Fit Alterations owner Annette Olowo-Ake of long-time friend Dr. Jim Aron, a 30-plus year customer, Thursday, Oct. 10, 2024. Credit: Vickie D. King/Mississippi Today

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.

“I like making these baskets. Of course, I make the ribbons and every basket I make has a litlle something different,” said Annette Olowo-Ake, owner of Perfect-Fit Alterations, Thursday, Oct. 10, 2024. Credit: Vickie D. King/Mississippi Today
“She brought me a picture. I stitched and glued on every last one of those feathers,” said Annette Olowo-Ake, owner of Perfect-Fit Alterations regarding a prom dress she re-created for a customer, Thursday, Oct. 10, 2024. Credit: courtesy of Annette Olowo-Ake
Annette Olowo-Ake, owner of Perfect-Fit Alterations, shows a photograph of a customer’s prom dress she created, Thursday, Oct. 10, 2024. Credit: Photo courtesy of Annette Olowo-Ake

“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.

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Mississippi Today

On this day in 1940

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mississippitoday.org – Jerry Mitchell – 2024-10-25 07:00:00

Oct. 25, 1940

Brig. Gen. Benjamin O. Davis Sr. Credit: Courtesy of VA Administration

Benjamin O. Davis Sr. became the first Black American promoted to brigadier general in the U.S. Army. 

His 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 in the Army between the 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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