Mississippi Today
Gov. Tate Reeves’ campaign says it did not change TV ad because of legal threats
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Gov. Tate Reeves’ campaign says a cease-and-desist letter from a solar energy company had nothing to do with changes made to a campaign advertisement that accused Democratic gubernatorial candidate Brandon Presley and the company of violating state law.
Two commercials, which have run on TV stations across the state and online, accuse Presley, a current Mississippi public service commissioner, of violating state law by taking campaign contributions from Silicon Ranch and other solar energy companies that generate electricity to sell to public utilities.
Earlier this month, Silicon Ranch, through Jackson attorney Will Manuel, sent a cease-and-desist letter to the Reeves campaign, arguing the company is not a public utility and has not violated any state law by donating to the Presley campaign.
READ MORE: Solar energy company threatens to sue Tate Reeves campaign for airing ‘defamatory’ TV ad
After the letter was sent and reported by Mississippi Today and others, the Reeves campaign began running a slightly different commercial. The new ad still says Presley violated state law by taking donations from “green energy companies he regulates,” but the ad no longer uses the names of the Silicon Ranch officials who made the contributions or a prominent photo of a solar energy executive.
The Reeves campaign said on Wednesday it did not change the ad because of the cease-and-desist letter and the possibility of being sued.
“We stand by everything in the first ad,” a Reeves campaign spokesman said in a statement. “It was because the first ad had already been seen throughout the state. The second ad had been finalized before their letter. The story is about Brandon Presley’s obvious corruption, and the individual companies that he worked over are side characters. In the past, it was corrupt public service commissioners like Brandon Presley who were arrested — and the companies are not on the ballot.”
Both versions of the ad are still on the Reeves campaign’s YouTube page.
State law does prohibit public service commissioners from taking campaign donations from public utilities and their representatives.
Silicon Ranch has developed facilities in Mississippi to produce and sell electricity to public utilities. Public utilities are defined in state law and in general as entities that provide electricity for the public.
But the Silicon Ranch cease-and-desist letter to the Reeves campaign cited a 2017 Public Service Commission order approving Mississippi Power’s plan to purchase electricity generated in Lauderdale County from Silicon Ranch.
That PSC order states that “petitioner Silicon Ranch is not a public utility and the project is not utility property under the laws of the state of Mississippi. It is further ordered that petitioner Silicon Ranch is not subject to the Commission’s jurisdiction except for the requirement of obtaining a certificate of public convenience and necessity.”
READ MORE: The full cease-and-desist letter the Reeves campaign received
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1956
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Feb. 24, 1956
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U.S. Sen. Harry F. Byrd Sr. coined the term “Massive Resistance” to unite white leaders in Virginia in their campaign to preserve segregation. The policy appealed to white Virginians’ racial views, their fears and their disdain for federal “intrusion” into the “Southern way of life.”
Virginia passed laws to deny state funds to any integrated school and created tuition grants for students who refused to attend these schools. Other states copied its approach.
When courts ordered desegregation in several schools in Charlottesville and Norfolk, Virginia Gov. James Lindsay Almond Jr. ordered those schools closed. When Almond continued that defiance, 29 of the state’s leading businessmen told him in December 1958 that the crisis was adversely affecting Virginia’s economy. Two months later, the governor proposed a measure to repeal the closure laws and permit desegregation.
On Feb. 2, 1959, 17 Black students in Norfolk and four in Arlington County peacefully enrolled in what had been all-white schools.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
If Tate Reeves calls a tax cut special session, Senate has the option to do nothing
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An illness is spreading through the Mississippi Capitol: special session fever.
Speculation is rampant that Gov. Tate Reeves will call a special session if the Senate does not acquiesce to his and the House leadership’s wishes to eliminate the state personal income tax.
Reeves and House leaders are fond of claiming that the about 30% of general fund revenue lost by eliminating the income tax can be offset by growth in other state tax revenue.
House leaders can produce fancy charts showing that the average annual 3% growth rate in state revenue collections can more than offset the revenue lost from a phase out of the income tax.
What is lost in the fancy charts is that the historical 3% growth rate in state revenue includes growth in the personal income tax, which is the second largest source of state revenue. Any growth rate will entail much less revenue if it does not include a 3% growth in the income tax, which would be eliminated if the governor and House leaders have their way. This is important because historically speaking, as state revenue grows so does the cost of providing services, from pay to state employees, to health care costs, to transportation costs, to utility costs and so on.
This does not even include the fact that historically speaking, many state entities providing services have been underfunded by the Legislature, ranging from education to health care, to law enforcement, to transportation. Again, the list goes on and on.
And don’t forget a looming $25 billion shortfall in the state’s Public Employee Retirement System that could create chaos at some point.
But should the Senate not agree to the elimination of the income tax and Reeves calls a special session, there will be tremendous pressure on the Senate leadership, particularly Lt. Gov. Delbert Hosemann, the chamber’s presiding officer.
Generally speaking, a special session will provide more advantages for the eliminate-the-income-tax crowd.
First off, it will be two against one. When the governor and one chamber of the Legislature are on the same page, it is often more difficult for the other chamber to prevail.
The Mississippi Constitution gives the governor sole authority to call a special session and set an agenda. But the Legislature does have discretion in how that agenda is carried out.
And the Legislature always has the option to do nothing during the special session. Simply adjourn and go home is an option.
But the state constitution also says if one chamber is in session, the other house cannot remain out of session for more than three days.
In other words, theoretically, the House and governor working together could keep the Senate in session all year.
In theory, senators could say they are not going to yield to the governor’s wishes and adjourn the special session. But if the House remained in session, the Senate would have to come back in three days. The Senate could then adjourn again, but be forced to come back if the House stubbornly remained in session.
The process could continue all year.
But in the real world, there does not appear to be a mechanism — constitutionally speaking — to force the Senate to come back. The Mississippi Constitution does say members can be “compelled” to attend a session in order to have a quorum, but many experts say that language would not be relevant to make an entire chamber return to session after members had voted to adjourn.
In the past, one chamber has failed to return to the Capitol and suffered no consequences after the other remained in session for more than three days.
As a side note, the Mississippi Constitution does give the governor the authority to end a special session should the two chambers not agree on adjournment. In the early 2000s, then-Gov. Ronnie Musgrove ended a special session when the House and Senate could not agree on a plan to redraw the state’s U.S. House districts to adhere to population shifts found by the U.S. Census.
But would Reeves want to end the special session without approval of his cherished income tax elimination plan?
Probably not.
In 2002 there famously was an 82-day special session to consider proposals to provide businesses more protection from lawsuits. No effort was made to adjourn that session. It just dragged on until the House finally agreed to a significant portion of the Senate plan to provide more lawsuit protection.
In 1969, a special session lasted most of the summer when the Legislature finally agreed to a proposal of then-Gov. John Bell Williams to opt into the federal Medicaid program.
In both those instances, those wanting something passed — Medicaid in the 1960s and lawsuit protections in the 2000s — finally prevailed.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1898
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Feb. 22, 1898
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Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked.
When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him.
Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area.
Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment.
McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed.
In 2019, the Lake City post office was renamed to honor Frazier Baker.
“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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