Mississippi Today
Federal judge weighs whether state absentee vote-counting law should be struck down before November
GULFPORT — A federal judge on Tuesday appeared undecided over whether he should strike down a Mississippi election law that allows election officials to process mail-in absentee ballots up to five days after an election.
U.S. District Judge Louis Guirola in Gulfport heard arguments from attorneys representing two political parties, a state agency and a veterans advocacy organization over whether the state law conflicts with federal election law.
The state Libertarian Party, the state and national Republican parties and a county election commissioner are the plaintiffs in the suit. They contend the state law runs afoul of federal election statutes because only Congress should set federal election schedules.
Secretary of State Michael Watson’s office, who oversees the agency that administers elections, is the defendant in the suit. His office argues the state law does not conflict with federal regulations and that the political parties have not shown that it diminishes their chances of winning an election.
The Tuesday hearing centered on the legal definition of Election Day, why America has an Election Day and how much leeway states have in administering federal elections.
“The real dispute here is over the meaning of Election Day,” said Conor Woodfin, an attorney representing the Republican Party plaintiffs.
The state law in question is a 2020 state law passed by the Legislature amid the COVID-19 pandemic that allows local election workers to process mail-in absentee ballots for up to five days after an election. The law only permits workers to count the mail-in votes if the ballots were postmarked by the election date.
Woodfin and Russell Nobile, the attorney representing the state Libertarian Party, argue that Election Day ends when election officials receive the last ballot. Under this logic, they claim the state law violates federal law because it extends the election date.
Special Assistant Attorney General Rex Shannon III, the attorney representing Watson, argued Election Day ends when voters cast their ballots in the mail. Since the law requires voters to mail absentee ballots by Election Day, the law is not extending the election.
“Once a voter deposits a ballot in the mail, that vote has been irretrievably cast,” Shannon said.
However, a critical issue that could determine the case’s outcome may not be the lawsuit‘s merits but rather whether the plaintiffs have legal standing to bring the suit in the first place.
The litigation comes at a time when voter confidence in elections is at an all-time low and when candidates have started to dispute election results more frequently.
The state Senate passed a bill to repeal the law earlier this year during the legislative session, but it died in the state House. Senate Elections Chairman Jeremy England, R-Vancleave, said it was time to repeal the five-day window because voters did not like that election workers received ballots after an election.
Guirola asked Shannon “out of curiosity” why the bill failed to gain traction during the legislative process. Shannon responded that he couldn’t answer that question because he was not representing the Legislature in the case — only Watson’s office.
“Well, my curiosity will remain unquenched,” Guirola responded.
Chris Dodge, an attorney representing Vet Voice, a veterans advocacy organization that intervened in the lawsuit, said despite how political groups currently feel about the absentee ballot law, several states have post-Election Day ballot receipt laws on the books to accommodate voters.
“These laws are not the novelties these plaintiffs assert they are,” Dodge said.
Guirola did not issue a ruling on any pending motions on Tuesday because he wanted to review relevant case law and reflect on the oral arguments. The senior status judge said there is, “no category of case that is more critical” than a voting rights case.
“I’m not going to take a vacation or anything,” Guirola said. “This is an important case, and I have to get it right.”
After Guirola’s ruling, an aggrieved party could appeal to the U.S. Court of Appeals for the 5th Circuit for a different outcome. But a prompt resolution before November’s presidential and congressional election would be vital. The appellate process is lengthy and time-consuming, and different rulings from the district and appellate courts could lead to voter confusion.
Mississippians can request an absentee ballot application starting September 6, and the earliest day they can vote by absentee is September 23, according to the secretary of state’s elections calendar.
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 1992
Sept. 12, 1992
Dr. Mae Carol Jemison became the first Black woman to travel in space, going into orbit aboard the Space Shuttle Endeavour with six other astronauts.
A native of Decatur, Alabama, she excelled in a classroom as a student, attending Stanford University on a National Achievement Scholarship. She also attended Cornell University Medical College and became a physician, working at the University of Southern California Medical Center.
After serving as the Peace Corps medical officer for Sierra Leone and Liberia, she decided to follow her dream of becoming an astronaut. In 1987, she became the first Black woman admitted into the astronaut program. During the space shuttle journey, she conducted scientific experiments on weightlessness and motion sickness. She later appeared in an episode of “Star Trek: The Next Generation” and now is the principal of the 100 Year Starship organization, which is working with NASA to help make interstellar space travel possible.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Ole Miss vice chancellor on leave after animal cruelty indictment
Editor’s note: Descriptions of the conditions of the animals found may be disturbing to some people.
The University of Mississippi’s vice chancellor for student affairs has been placed on leave while she is facing 10 counts of animal cruelty, the same charges that are levied against her husband.
Charlotte Fant Pegues turned herself in to the Lafayette County Sheriff’s Department on Monday after a grand jury indictment against her was unsealed, according to the Oxford Eagle. She was released on a $75,000 bond.
In early August, Fant Pegues’ husband, Terry Pegues, was arrested after deputies observed several malnourished and deceased dogs, some still attached to collars and chains, at a property the couple owns in a rural area south of Oxford.
Pegues previously told Mississippi Today that he was asking for “a federal investigation due to false facts” but did not elaborate, adding, “just print that.”
Fant Pegues was not arrested alongside her husband, but a grand jury ultimately decided to indict her on Aug. 23. The prosecution’s witness was a Lafayette County Sheriff’s Deputy named Joe Quarles.
That’s according to the true bill, which lists 10 counts, each for one dog that was found on the couple’s property, including several bulldog puppies “confined in a cruel manner in a cage behind the residence,” a burned dog, a dog skeleton, and a German Shepard mix that was dead in a kennel.
The sheriff’s department ultimately found 10 deceased dogs and rescued 20. The 10 counts appear to include dogs that were found in various states.
In a statement, Fant Pegues’ attorney, Graham Carner, called the indictment “rushed” and added that her reputation was being unfairly called into question. Since 1993, Fant Pegues has worked at Ole Miss in various roles such as assistant provost and director of admissions.
“Dr. Pegues is not guilty, and we will aggressively defend against these charges,” Carner wrote. “In order not to be a distraction to the University she loves and that has loved her, Dr. Pegues will be taking a period of personal leave. She asks for privacy as she works to preserve her good name.”
Carner has already filed a motion for discovery. He does not appear to be representing Pegues, according to the court docket.
The university confirmed that Fant Pegues was on leave but had no further comment beyond the following:
“The alleged charges did not result from any actions taken at or for the university, and the university is not among the parties involved in the investigation by the Lafayette County Sheriff’s Department.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Hurricane Francine, now a Category 2 storm, will bring destructive winds and flooding to Louisiana and Mississippi
MORGAN CITY, La. (AP) — Hurricane Francine barreled toward Louisiana on Wednesday strengthening to a Category 2 storm that could bring deadly storm surge, widespread flooding and destructive winds to Louisiana and Mississippi.
The hurricane was expected to make landfall in the evening, crashing into a fragile coastal region that hasn’t fully recovered from a series of devastating hurricanes in 2020 and 2021.
Francine drew fuel from exceedingly warm Gulf of Mexico waters, strengthening from a Category 1 to a Category 2 storm, with winds of 96 to 110 mph (155 to 175 kph), the National Hurricane Center.
A hurricane warning was in effect along the Louisiana coast from Cameron east to Grand Isle, about 50 miles (80 kilometers) south of New Orleans, according to the center. A storm surge warning stretched from the Mississippi-Alabama border to the Alabama-Florida border. Such a warning means life-threatening flooding could occur.
The Mississippi Emergency Management Agency said it distributed more than 100,000 sandbags to the southern part of the state and the Department of Education reported a number of school district closures for Wednesday and Thursday.
Francine is the sixth named storm of the Atlantic hurricane season. Much of Louisiana and Mississippi could get 4 to 8 inches (10 to 20 centimeters) of rain, with the possibility of 12 inches (30 centimeters) in some spots, Brad Reinhart, a senior hurricane specialist at the hurricane center.
The hurricane center said parts of Mississippi, Alabama and the Florida Panhandle were at risk of “considerable” flash and urban flooding starting Wednesday. The lower Mississippi Valley and lower Tennessee Valley could experience flooding later in the week as the soggy remnants of Francine sweep inland.
“I know that we have been through a lot here in Louisiana, but I urge everyone to take the necessary preparations,” said Louisiana Gov. Jeff Landry, who urged residents to “stay off the roads, stay home and stay put.”
Hurricane season typically peaks around this time of year and Louisiana residents have often faced threats from such storms. Since the mid-19th century 57 hurricanes have tracked over or made landfall in Louisiana, according to The Weather Channel. Among them are some of the strongest, costliest and deadliest storms in U.S. history.
Landry said the Louisiana National Guard was being sent to parishes that could be impacted by Francine. They have with food, water, nearly 400 high-water vehicles, about 100 boats and 50 helicopters to respond to the storm, including possible search-and-rescue operations.
Francine was centered Wednesday evening about 65 miles (105 kilometers) southwest of Morgan City, Louisiana, and was moving northeast at 17 mph (27 kph) with maximum sustained winds of 100 mph (155 kph), the Miami-based hurricane center said.
President Joe Biden granted an emergency declaration that will help Louisiana secure federal money and logistical assistance from partners such as the Federal Emergency Management Agency. Both Landry and Mississippi Gov. Tate Reeves also declared states of emergency, authorizing them to quickly free up resources for disaster assistance.
Bands of heavy rain were hitting New Orleans Wednesday morning. The city’s historic streetcars that roll on South Carrollton Avenue had to ease past cars that motorists parked next to the tracks on the grassy median. The median is a few inches higher than the street and drivers sometimes park there to avoid street flooding.
Francine’s storm surge on the Louisiana coast could reach as much as 10 feet (3 meters) from Cameron to Port Fourchon and into Vermilion Bay, forecasters said.
Cline reported from Baton Rouge, Louisiana. Associated Press writers Curt Anderson in St. Petersburg, Florida, and Kevin McGill in New Orleans contributed to this story.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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