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Hinds County ballot shortages causes legal mess on Election Day

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Hinds County problems in Mississippi’s statewide general election on Tuesday caused what, in technical legal terms, is known as a mess.

Numerous precincts in Hinds County reportedly ran out of ballots, or of the proper ballots, leaving some voters waiting in line for hours and causing others to give up and go home. This prompted legal filings from multiple groups before normal poll closing time at 7 p.m., and prompted a circuit court judge to order all Hinds County polls stay open until 8 p.m. to allow more people to vote.

But another special judge, appointed by the Mississippi Supreme Court, ruled that people who were in line by 7 p.m. could still vote, but otherwise polls would close at 7 p.m. This is what the law already says voting precincts are supposed to do, let people in line by the deadline vote.

So, for those who returned to or showed up at polls after 7 p.m. — who hadn’t been already standing in line — will their votes count? That answer is unclear, and would probably have to be hashed out by the courts.

READ MORE: Judge extends Hinds County precinct hours after numerous ballot problems

County leaders reported they ran out of ballots and even of printer toner to print more late Tuesday.

Secretary of State Michael Watson said counties are, by statute, supposed to have on hand at least enough ballots to cover 60% of its registered voters.

“That doesn’t mean they can’t have more, but that’s the minimum,” Watson said. “The counties then decide how they are going to disperse the ballots as needed.”

One problem Hinds ran into, Watson said, was that it has many new precinct lines and split precincts from 2020 redistricting, which required many precincts to have different ballots for people voting in the same precincts.

“They might have 10 people at the precinct who get one ballot style, and then 50 who get another ballot,” Watson said. “I think in some cases, this got flipped, and they ended up with 10 of one type when they needed 50. We were getting calls throughout the day about problems in Hinds, and we then learned there were several lawsuits being prepared.”

The Mississippi Democratic Party asked the Hinds County Chancery Court for an emergency order, which was granted by Chancellor Dewayne Thomas, extending voting for one hour, until 8 p.m., in all county precincts.

But in a separate case filed by Mississippi Votes, a Jackson nonprofit, in Hinds Circuit Court, the state Supreme Court appointed a special judge, former Supreme Court Judge Jess Dickinson, to hear the matter. Dickinson issued an order repeating existing state law: that people who were in line when the polls closed at 7 p.m. could vote if they remained in line.

State statute appears to give the state’s high court the task of appointing judges to hear election-day disputes. It says, “The Supreme Court shall shall make judges available to hear disputes in the county in which the disputes occur, but not judge shall hear disputes in the district, subdistrict or county in which he was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.”

Watson said counties run their own elections.

“We have the authority to advise them what the law is, but not to tell them what to do,” Watson said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

On this day in 1977

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mississippitoday.org – Jerry Mitchell – 2025-03-08 07:00:00


On this day in 1977

March 8, 1977

Henry Marsh
Henry L. Marsh III became the first Black mayor of the Confederacy’s capital.

Henry L. Marsh III became the first Black mayor of the former capital of the Confederacy, Richmond, Virginia. 

Growing up in Virginia, he attended a one-room school that had seven grades and one teacher. Afterward, he went to Richmond, where he became vice president of the senior class at Maggie L. Walker High School and president of the student NAACP branch. 

When Virginia lawmakers debated whether to adopt “massive resistance,” he testified against that plan and later won a scholarship for Howard University School of Law. He decided to become a lawyer to “help make positive change happen.” After graduating, he helped win thousands of workers their class-actions cases and helped others succeed in fighting segregation cases. 

“We were constantly fighting against race prejudice,” he recalled. “For instance, in the case of Franklin v. Giles County, a local official fired all of the black public school teachers. We sued and got the (that) decision overruled.” 

In 1966, he was elected to the Richmond City Council and later became the city’s first Black mayor for five years. He inherited a landlocked city that had lost 40% of its retail revenues in three years, comparing it to “taking a wounded man, tying his hands behind his back, planting his feet in concrete and throwing him in the water and saying, ‘OK, let’s see you survive.’” 

In the end, he led the city from “acute racial polarization towards a more civil society.” He served as president of the National Black Caucus of Elected Officials and as a member of the board of directors of the National League of Cities. 

As an education supporter, he formed the Support Committee for Excellence in the Public Schools. He also hosts the city’s Annual Juneteenth Celebration. The courthouse where he practiced now bears his name and so does an elementary school. 

Marsh also worked to bridge the city’s racial divide, creating what is now known as Venture Richmond. He was often quoted as saying, “It doesn’t impress me to say that something has never been done before, because everything that is done for the first time had never been done before.”

He died on Jan. 23, 2025, at the age of 91.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Judge tosses evidence tampering against Tim Herrington

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mississippitoday.org – Molly Minta – 2025-03-07 15:08:00

A Lafayette County circuit judge ended an attempt to prosecute Sheldon Timothy Herrington Jr., the son of a prominent north Mississippi church family who is accused of killing a fellow University of Mississippi student named Jimmie “Jay” Lee, for evidence tampering.

In a March 7 order, Kelly Luther wrote that Herrington cannot be charged with evidence tampering because of the crime’s two-year statute of limitations. A grand jury indicted the University of Mississippi graduate last month on the charge for allegedly hiding Lee’s remains in a well-known dumping ground about 20 minutes from Herrington’s parent’s house in Grenada.

“The Court finds that prosecution for the charge of Tampering with Physical Evidence commenced outside the two-year statute of limitations and is therefore time-barred,” Luther wrote.

In order to stick, Luther essentially ruled that the prosecution should have brought the charges against Herrington sooner. In court last week, the prosecution argued that it could not have brought those charges to a grand jury without Lee’s remains, which provided the evidence that evidence tampering occurred.

READ MORE: ‘The pressure … has gotten worse:’ Facing new charge, Tim Herrington will remain in jail until trial, judge rules

The dismissal came after Herrington’s new counsel, Jackson-area criminal defense attorney Aafram Sellers, filed a motion to throw out the count. Sellers did not respond to a request for commend by press time.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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JXN Water is running out of operating money, set to raise rates again

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mississippitoday.org – Alex Rozier – 2025-03-07 11:33:00

JXN Water is losing money at a rate it can’t sustain, according to a financial outlook it released last week, as the federal dollars it received to run day-to-day operations are set to run out next month.

Ted Henifin, who manages the third-party provider, told Mississippi Today on Thursday that the funding shortfall may extend repair times for line breaks, and that the utility will look to once again raise rates on customers’ water bills. Henifin explained that various factors — such as debt payments, higher-than-expected operating costs, and slower-than-expected collections gains — have left the water utility in a precarious position where it’s now losing $3 million a month.

“Gone from a water disaster to a bit of financial disaster or so,” Henifin described.

Workers with Gould Enterprises, LLC, JXN Water contractors, repair a water line at the t-section of Beacon Place and Queensroad Avenue in the Bel-Air subdivision in Jackson, Friday, Dec. 1, 2023.

The federal government set aside a historic $800 million for Jackson to fix its water and sewer systems in 2022, with $600 million of that tied specifically to the water system. That included $150 million of “flexible” funding, which JXN Water has used mostly for line repairs as well as on a contract with Jacobs to run the day-to-day operations of the system. The rest of the $600 million was intended for bigger, capital projects.

But the $150 million, Henifin said, is on track to run out in April. He said JXN Water will look for grants and low-interest loans to hold its operations together, as well as work with Congress to free up some of the $450 million — the amount intended for larger projects — for operations spending.

The water provider is also set to impose an almost 12% rate increase on customers’ water bills this spring — just under $9 per month for the average resident — the second rate hike in as many years (the utility a year ago raised rates on average $10 per month). While the 2022 federal order requires it to put rate increases before the Jackson City Council, JXN Water only needs the approval of overseeing U.S. District Judge Henry Wingate.

Ted Henifin, the City of Jackson’s water system third-party administrator, speaks about the company that will be running the city’s water treatment plant operations during a press conference at Hinds Community College in Jackson, Miss., Friday, February 24, 2023. Credit: Eric Shelton/Mississippi Today

In addition to higher-than-expected operating costs, such as fixing line breaks, Henifin said the utility was also unsuccessful in retiring some of the city’s debt due to federal constraints over how it spends the $450 million pot. As a result, JXN Water is paying $1.5 million a month, or half of its total losses, in debt services.

Meanwhile, the utility’s revenue collection rate of 70% is an improvement from a year ago, when it was under 60%, but it’s still far below the national average. Last year, Henifin told Mississippi Today in order to make the water system self-sustainable by the time federal funding runs out, the rate needs to reach 80% in 2025 and 90% in 2026. The financial report says there are 14,000 accounts that receive water but aren’t paying bills.

Henifin admitted on Thursday, though, that even if collection rates were at 100%, JXN Water would still be losing money.

“It’s really the running out of the federal funds and not having closed that gap on local revenues,” he said. “Error on our part maybe that we didn’t focus on this earlier, but we were really trying to get the water system working.”

Last week’s financial plan added that a decision from the 5th U.S. Circuit Court of Appeals over whether to release SNAP recipient data is expected within the next two months. JXN Water last year introduced a first-of-its-kind discount for SNAP recipients, but both federal and state officials appealed an order from Wingate to release the names of those recipients, preventing the utility from automatically applying those discounts.

Rep. Chris Bell, D-Jackson Credit: Mississippi House

To help free up funding for the utility, Rep. Chris Bell, D-Jackson, wrote a bill which would allow JXN Water to become a water authority for the purpose of accessing tax-exempt bonds or loans. The bill now just needs to pass a floor vote in the Senate.

Henifin added that, after some initial uncertainty, JXN Water’s current funding won’t be impacted by the Trump administration’s recent freezing of federal grant funds.

He also said the funds they do have access to are being used to make major improvements, such as fixing the membrane trains, filters and sediment basins at the O.B. Curtis treatment plant.

“I think it’s a pretty bright future,” Henifin said. “If we can just get over this little cashflow hump we’re in good shape.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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