Mississippi Today
Voter purge, military rights, ballot harvesting: Where several Mississippi election bills stand
Voter purge, military rights, ballot harvesting: Where several Mississippi election bills stand
Mississippi lawmakers, in the final two weeks of the 2023 legislative session, will hammer out details of a major election bill that could, among other things, give state officials power to purge “inactive” voters from the registered voter rolls.
Two other major election bills have already passed and await signature or veto from Gov. Tate Reeves.
Mississippi Today compiled an update below of the bill that’s still alive and summaries of the two bills that have already been sent to the governor.
House Bill 1310
The Senate has stripped from an elections bill a House provision that restored voting rights to military veterans convicted of felonies.
The provision restoring suffrage to veterans who had completed their sentence was removed t in the Senate Elections Committee chaired by Sen. Jeff Tate, R-Meridian. The bill still provides a mechanism to remove registered voters from the rolls if they do not vote within a specified period of time or perform other functions related to their voter registration, such as responding to jury duty.
While the Senate removed the language giving the right to vote back to veterans, that language remains alive in the process as House and Senate leaders try to hammer out the differences between the two chambers on House Bill 1310.
But it is unlikely that the House leadership will try during the negotiations process to have the provision restoring voting rights to military veterans included in the final version of the bill. While the amendment restoring voting rights for veterans offered by Rep. Tommy Reynolds, D-Water Valley, was approved overwhelmingly by the full membership during a floor vote, it was opposed by House leaders.
Rep. Brent Powell, R-Brandon, is the lead author on the legislation and will be one of the leaders working to hammer out a difference between the House and Senate versions of the bill. He said the Senate contends the language granting voting rights to veterans is unconstitutional, though it has long been the policy of the Legislature and never challenged that voting rights could be restored to large groups of people, such as veterans, without changing the felony disenfranchisement language in the Mississippi Constitution. After World War II the Legislature did just that — restore voting rights to veterans — without amending the constitution.
“I will ask them (Senate negotiators) about it, but I am not really for it,” said Powell, who opposed restoring voting rights to veterans convicted of felonies when it was offered on the House floor.
Mississippi is one of a handful of states — fewer than 10 — that do not restore the right to vote to all people convicted of a felony at some point after they complete their sentence. A challenge to the felony disenfranchisement provision of the Mississippi Constitution is pending before the U.S. Supreme Court.
The portion of the bill that House and Senate leaders support would have the potential to remove registered voters from the poll books. Under the provision, people who do not vote during a two-year period will be placed on an inactive list and can only vote via affidavit, meaning election officials must take action to officially accept the ballot before it can be counted. To regain unencumbered voting rights, the person would have to take affirmative action, such as returning a confirmation card or responding to jury duty or voting during the next two years. If they do none of those things during the two-year period, they are removed from the rolls and must re-register to vote.
As the bill was debated, many Democrats and a handful of Republicans expressed reservations about removing people from the rolls for not voting. Sen. David Jordan, D-Greenwood, said legislative leaders were taking drastic action to remove people from the rolls without providing any examples of the voter fraud they were trying to prevent.
“The right to vote includes the right not to vote,” said Sen. David Blount, D-Jackson.
Tate said, “Every vote is precious. So one fraudulent vote is just as bad (or) as precious as one (good) vote. What we want to do is clean up the voter rolls. When we have people on the rolls by name only and they are not actually living there, that is a vessel for fraud. And yes, there is voter fraud. What this does is give our local election officials another tool to clean up their rolls.”
Sen. Hob Bryan, D-Amory, said there are many people who are on the rolls, but only vote on occasion.
He pointed out a predominantly African American precinct in Amory where normally between 400 and 500 people vote. But in 2008 when Barack Obama was running for president more than 800 turned out to vote in the election where an African American was elected president for the first time in the nation’s history.
“How could you tell those people they are not allowed to vote?” he asked. Bryan added he is sure the same phenomenon in different precincts happened when Donald Trump was on the ballot. He said there are registered voters who do not vote because they are not enamored by the candidates on the ballot, but they should not be denied the right to vote when they are excited by someone on the ballot.
He said the bill had the potential to hurt people who are registered and eligible to vote, but only do so sporadically.
The bill also gives Secretary of State Michael Watson the authority to perform election audits and submit reports in all 82 counties during two election cycles — the 2023 statewide election and 2024 presidential election.
Senate Bill 2358
Two other election bills already are heading to the governor, who is expected to sign them into law.
Senate Bill 2358, authored by Tate, would prohibit the practice of a third party collecting a voter’s absentee ballot and delivering it to a clerk’s office or voting precinct. In some states, this practice has become widespread and supporters of the ban say it opens the process to election fraud by campaign operatives harvesting absentee ballots.
But opponents of the measure, mostly Democrats in both chambers, said it’s aimed at voter suppression and is a solution looking for a problem that doesn’t exist in Mississippi. They also raised concerns it would stifle voting by the military, elderly people, people in nursing homes or disabled people who more often vote absentee.
If signed into law, the bill would only allow U.S. Postal Service or common carriers; election workers doing their official duties; or family, household members or caregivers of the absentee voter to deliver ballots.
Slightly different versions of the measure had passed the House 73-44, and Senate 37-15, on mostly party line votes.
Rep. Willie Bailey, D-Greenville, attempted to kill the bill with a motion on the House floor, saying, “This is a bad bill, people.”
“This is oppressing people’s rights to vote in a democracy,” Bailey said. “This is making innocent people criminals … Everybody stands up here and salutes any time you say military, but then this is going to hurt the military, senior citizens and disabled … What is wrong with us?”
House Bill 1306
A measure that passed Wednesday would prohibit people from being on the ballot for elected office in Mississippi if they have failed to file campaign finance reports. House Bill 1306 would require a candidate to have filed any required campaign finance reports for the last five years in order to be eligible to be on the ballot.
The measure also included a provision prohibiting any unauthorized person from requesting an absentee ballot for someone else — making it a voter fraud crime punishable by a fine of $500 to $5,000 or being jailed up to a year. This provision drew much debate before the House voted 73-37 to send it to the governor. The Senate had passed it 52-0.
Rep. John Hines, D-Greenville, questioned whether this measure is “an attempt to railroad people in nursing homes or who are disabled” or otherwise unable to get their own absentee ballot from voting. He questioned whether a nursing home director could get absentee ballots from a county clerk for residents of the home.
House Elections Chairman Price Wallace, R-Mendenhall, responded, “That is not the intent of this bill,” and said that if nursing home residents requested a director or other caregiver get them a ballot there would be no problem. “But if that person running that nursing home does that without them asking for it, it’s fraudulent.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Podcast: A critical Mississippi Supreme Court runoff
Voters will choose between Mississippi Supreme Court Justice Jim Kitchens and state Sen. Jenifer Branning in a runoff election on Nov. 26, the Tuesday before Thanksgiving. Mississippi Today’s Adam Ganucheau, Bobby Harrison, and Taylor Vance break down the race and discuss why the election is so important for the future of the court and policy in Mississippi.
READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1946
Nov. 18, 1946
Future U.S. Supreme Court Justice Thurgood Marshall was nearly lynched in Columbia, Tennessee, just 30 miles from where the Ku Klux Klan was born.
He and his fellow NAACP lawyers had come here to defend Black men accused of racial violence. In a trial, Marshall and other NAACP lawyers won acquittals for nearly two dozen Black men.
After the verdicts were read, Marshall and his colleagues promptly left town. After crossing a river, they came upon a car in the middle of the road. Then they heard a siren. Three police cars emptied, and eight men surrounded the lawyers. An officer told Marshall he was being arrested for drunken driving, even though he hadn’t been drinking. Officers forced Marshall into the back seat of a car and told the other men to leave.
“Marshall knew that nothing good ever happened when police cars drove black men down unpaved roads,” author Gilbert King wrote in “Devil in the Grove.” “He knew that the bodies of blacks — the victims of lynchings and random murders — had been discovered along these riverbanks for decades. And it was at the bottom of Duck River that, during the trial, the NAACP lawyers had been told their bodies would end up.”
When the car stopped next to the river, Marshall could see a crowd of white men gathered under a tree. Then he spotted headlights behind them. It was a fellow NAACP lawyer, Zephaniah Alexander Looby, who had trailed them to make sure nothing happened. Reporter Harry Raymond concluded that a lynching had been planned, and “Thurgood Marshall was the intended victim.” Marshall never forgot the harrowing night and redoubled his efforts to bring justice in cases where Black defendants were falsely accused.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Cutting fat in state government: Everything old is new again
Years ago, some state elected leaders lamented that Mississippi has far too much bureaucracy for such a poor, small state, and vowed — for starters — to eliminate or consolidate state government’s roughly 200 agencies, boards and commissions.
More than a decade later, the number of state agencies, boards and commissions has been whittled down to … roughly 200.
There was one monumental victory in the war on bureaucracy in Mississippi: After years of bitter political debate, the Legislature this year combined the separate cosmetology and barber licensure boards into one. Saa-lute!
That’s not much ROI for Mississippi’s war on big government. But as a comedian once said, hope springs in turtles.
State Auditor Shad White, eyeing the open governor seat for 2027, has paid a Boston consultant $2 million in taxpayer dollars to determine how to cut spending of taxpayer dollars.
The resultant report is a spectacular, novel blueprint for lawmakers on how to starve the beast, run the state more like a bid-ness — and it’s chock full of hitherto unheard of ideas to put the Magnolia State’s government on a diet.
Actually, no. It’s not.
It’s mostly a rehash, amalgam of long-discussed, never enacted ideas to cut government spending. Someone could have cobbled it together after spending a day or two on Google, going through Mississippi press clippings and perusing old legislative watchdog reports and recommendations and bills.
It’s mostly a greatest hits compilation of Mississippi government spending cutting ideas. And it has many Mississippi politicos surmising it’s mostly a taxpayer-funded gubernatorial campaign stunt by White. It produced a 59-page report destined to sit atop a pile of dusty Joint Legislative Committee on Performance Evaluation and Expenditure Review reports and others espousing many of the same findings and recommendations.
White says his report shows how state government could cut $335 million in spending without breaking a sweat. That’s debatable. But it does clearly show how $2 million could have been saved.
There’s been some banter around the Capitol of folks saying they would have created a similar report for a mere $1 million, or $100,000, or for a nice lunch and a couple of beers. Others noted the 59-page report cost taxpayers $33,898 per page.
None of this is to say the report’s findings are bad ideas for belt-tightening. Many would make sense. That’s why they’ve been proposed before, some over and again. They’ve just proved nearly impossible to enact in the realpolitik of the Legislature and government. Some of the cost savings have been enacted, but then government backslid, un-enacted or ignored them.
Perhaps now is the time to dust off some of these ideas. If, as legislative leaders and Gov. Tate Reeves avow, they are going to continue slashing taxes, it might be a good idea to cut some spending as well.
White’s consultant report includes recommendations such as reducing government officials’ travel spending. This was a hot topic for several years, after a 2013 investigation by the Clarion-Ledger showed that even during lean budget years, government officials still spent tens of millions of dollars on travel, domestic and abroad, and had a massive fleet of government vehicles with dubious need for them. The Legislature clamped down on travel and agencies enacted fleet rules and promoted mileage reimbursement for personal vehicles. But according to White’s report, travel spending has been growing and again needs a major haircut.
The report found that, compared to other states, Mississippi government is spending too much on office space and insurance for state buildings and leased property, and on advertising and public relations for state agencies. Again, these are issues that have been pointed out multiple times over the last couple of decades, by lawmakers, media and PEER reports.
Ditto for the state spending millions on incentives for motion pictures to be shot here. There was a knock-down, drag-out battle over that years ago, with then-Lt. Gov. Tate Reeves and others pointing out the state was receiving little to nothing in return for doling out taxpayer funded incentives.
White’s report recommends the state consolidate and reform its purchasing and look for better deals when it buys goods and services. That should sound familiar. Two lawmakers in particular, Sen. John Polk and Rep. Jerry Turner, led a serious crusade on purchasing reform for several years, and managed to push through some meaningful changes. But many of those have been undone or are now ignored.
White pointed out potential savings from state agencies consolidating back-office functions, such as accounting and purchasing. Nothing new under the sun here. Others, notably former Sen. Buck Clarke, championed this years ago, to little avail.
White says there is a dog’s breakfast of savings to be had with state IT purchasing — for computer software and hardware and such. Some major restructuring of the admin side of state government years ago was supposed to address this issue.
White said Mississippi could sell the state’s airplane, make officials use commercial or charter flights, and save more than $1 million a year. The state airplane, travel on it by governors and related issues have been scrutinized and debated off and on for decades. Then-Gov. Phil Bryant made a big issue out of selling one of the state’s planes (a jet) when it had two and vowed to take commercial flights.
White notes state agencies’ misuse of emergency contracts — declaring an emergency so bidding requirements can be waived — costs the state millions. This was pointed out as a major issue in the Mississippi prisons bribery and kickback scandal that sent former Corrections Commissioner Chris Epps to prison and tainted around $1 billion of state contracts. There were vows then, about a decade ago, to reform this. But White says that emergency contracts now constitute more than 30% of all active state-funded contracts by value.
One would assume that Boston Consulting Group provided White with more than what’s in the 59 pages he released to the public as his “Project Momentum” report. But if it did, it’s a secret. Mississippi Today requested all the backing documents the consultant submitted to White’s agency to complete the project.
White denied the public records request, claiming exemption of any such documents as the work product of an audit. But if the work was an actual audit, it was an unusual one. In his contract with the company, White gave it the directive to find at least $250 million in wasteful spending among the 13 agencies it examined. Typically, hired auditors are not told upfront specifically what they should find.
Perhaps not to be outdone, Lt. Gov. Delbert Hosemann, who himself has eyes on the 2027 governor’s race, wants to reorganize state government. He’s calling for lawmakers to create a committee to … wait for it … figure out how to consolidate or eliminate many of the more than 200 agencies, boards and commissions.
Hosemann years ago, when he was secretary of state, called for such consolidation and famously opined of the state’s sprawling bureacracy, “You wouldn’t run a lemonade stand like this, much less state government.”
Hosemann was joined in this call to cut bureaucracy and spending by then-Gov. Phil Bryant. But those efforts fizzled, with Bryant and Hosemann back then lamenting there was little will among lawmakers to whittle down state government. Hosemann more recently said there were bigger fish to fry, including tax cuts, but now he wants to focus on government efficiency and cutting the number of agencies, boards and commissions.
Once again, everything old is new again.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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