Mississippi Today
Judge halts new law that he says will deter voting by disabled
Mississippi election officials cannot prevent people with disabilities from seeking assistance to vote absentee or by mail in the upcoming Aug. 8 party primary election or in the November general election.
The temporary restraining order issued Wednesday by U.S. Judge Henry Wingate of the Southern District of Mississippi said the so-called ballot harvesting ban passed by the 2023 Legislature would be a violation of federal law designed to ensure that people with disabilities and those who cannot read or write have equal access to the ballot box.
Wingate wrote, “When questioned by this court, defendants (state officials) were unable to provide any data illustrating whether Mississippi has a widespread ballot harvesting problem.”
Legislative leaders said the bill was needed to prevent ballot harvesting – gathering absentee ballots of disabled and elderly people and essentially voting for them.
When signing the bill into law, Gov. Tate Reeves said, “Mississippi is taking another step toward upholding the absolute integrity of our election process by banning ballot harvesting across the state. This process is an open invitation for fraud and abuse and can occur without the voter ever even knowing.”
Senate Bill 2358 prohibits anyone other than election officials, postal workers, commercial carriers, household members or caregivers from providing voter assistance and submitting an absentee ballot. Under Mississippi law, only certain people, including the elderly and disabled, can vote early or via mail. But to vote by mail, a person has to go through multiple steps, including requesting a ballot application before receiving the actual ballot.
Wingate said he was concerned the bill did not properly define who could help a person obtain a mail-in ballot and vote. He said the term caregiver was especially ambiguous.
And that uncertainty combined with the criminal penalties for a violation of the new law could deter the estimated 850,00 Mississippian who could be impacted (one in five adults) from voting, Wingate said.
The lawsuit was filed in federal court in the Southern District of behalf of a group of Mississippians and the League of Women Voters of Mississippi by the Southern Poverty Law Center, Mississippi Center for Justice, American Civil Liberties Union, ACLU-Mississippi and Disability Rights Mississippi.
“Mississippians with disabilities have a right to vote without barriers and to have access to fully participate in all areas of civic life,” said Greta Kemp Martin, litigation director of Disability Rights Mississippi. “We are pleased the court has recognized this and that Mississippians with disabilities can rest assured that they may cast their ballot in whichever manner is most accessible to them, including having the assistance of a person of their own choosing.”
Kemp Martin is running as the Democratic candidate for attorney general this year against Republican incumbent Lynn Fitch whose office defended the law. Lt. Gov. Delbert Hosemann also has touted the new law in his reelection campaign this year. He called it one of the Legislature's efforts to ensure the integrity of the ballot.
But others questioned the need for the law.
“Mississippians deserve to vote with confidence,” said Rob McDuff, director of the Impact Litigation Initiative at the Mississippi Center for Justice. “Many people in difficult situations rely on friends and neighbors to help deliver absentee ballots. We are glad that voters with disabilities and language barriers can freely exercise their right to vote with assistance from a person of their choosing.”
Wingate said he would hold additional hearings before deciding whether to permanently strike down the law.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
EPA absolves MDEQ, Health Department of discrimination in funding Jackson water
About a year and half ago, on the heels of Jackson's infamous water system failure, advocates and politicians from Mississippi began publicly questioning the funding mechanisms that are supposed to support such systems.
In October 2022, U.S. Reps. Bennie Thompson and Carolyn Maloney wrote Gov. Tate Reeves, grilling him over an apparent disparity in how federal infrastructure funds were allocated to Jackson versus other parts of the state.
Then days later, the Environmental Protection Agency's civil rights office opened an investigation into two state agencies — the Mississippi Department of Environmental Quality and the Mississippi Department of Health — in response to the NAACP's claims of discrimination under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination — based on race, color or national origin — in providing federal assistance.
On Monday, though, the EPA announced it had ended the probe after finding no evidence the agencies had short-changed Jackson's water system. In its investigation, the EPA looked at the funding amounts and racial demographics of cities that received water funding from MDEQ and the Health Department and determined there was no correlation between the two factors.
“The evidence overwhelmingly shows that the Mississippi Department of Environmental Quality did everything right,” MDEQ Executive Director Chris Wells said in a press release following the EPA's announcement.
The two agencies are in charge of disbursing funds from the EPA called “state revolving loan,” or SRF, funds, which are meant to help cities make infrastructure improvements. MDEQ handles SRF funds related to wastewater infrastructure, while the Health Department handles SRF funds for drinking water.
But the claims against the agencies were only part of the 2022 complaint the NAACP filed with the EPA. The federal agency did not address another complaint: The group also focused on the state Legislature, which has denied attempts in recent years by Jackson to raise money for its water system, such as creating a new 1% tax.
Click here for the EPA's full responses to MDEQ and Health Department.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
MSGOP Chair Bordeaux stepping down. Mike Hurst endorsed as successor
Mississippi Republican Party Chairman Frank Bordeaux announced on Wednesday that he will not seek reelection to his post and endorsed former U.S. Attorney Mike Hurst to succeed him.
Bordeaux, an insurance executive, wrote on Facebook that he's had a great tenure as the party's chairman, but it was time to “pass the torch” to a “new leader with a fresh perspective.”
“We've seen a lot of success,” Bordeaux said. “We've elected more Republicans in the last few years to local, state, and federal offices than at any point in history. With every election, we've gained seats and put more conservatives in positions to improve the lives of Mississippians.”
Republican Gov. Tate Reeves in September 2020 backed Bordeaux, a longtime Coast resident, to replace former GOP Chairman Lucien Smith, a move that likely proved crucial to the governor transforming the Coast into a political firewall of support during the 2023 statewide election.
It's typical for a sitting Republican governor, as head of the state party, to pick a new chairman. While the executive committee technically elects a GOP chairman, a governor's choice is typically installed by acclamation. There has been no major executive committee challenge to a Republican governor's chairman nomination in recent history.
Reeves did not immediately make a statement after Bordeaux' announcement on social media, but Hurst in a statement on Wednesday indicated he has Reeves' support.
“I want to thank Gov. Tate Reeves for his support, Chairman Frank Bordeaux for his incredible leadership, and the staff of the MSGOP, who have all raised our party to new heights and have achieved so much for our conservative principles over the last number of years,” Hurst said.
“Our future is bright in Mississippi and, if elected chairman, I hope I can play a small role in making our state and our party even better in the future,” Hurst added.
READ MORE: Lucien Smith out as MSGOP chair; Gov. Reeves backs Gulf Coast businessman to replace him
Republican Lt. Gov. Delbert Hosemann in a statement Wednesday said: “Being chairman is a tough, uncompensated job which takes a significant amount of personal time. Frank's leadership through part of the pandemic and the recent statewide election has been pivotal to bringing organization, unity, and success to the Republican Party across the state. We appreciate his service and look forward to continuing his efforts under the guidance of Mike Hurst.”
Hurst has been involved in state and national Republican politics for years. He is currently a partner in the Phelps Dunbar law firm's Jackson office. Hurst served as the U.S. attorney for the Southern District of Mississippi under President Donald Trump's administration from 2017 to 2021, and previously served as an assistant U.S. attorney.
Prior to his presidential appointment, Hurst was the founder and director of the Mississippi Justice Institute, a division of the Mississippi Center for Public Policy. He also previously served as a legislative director and counsel to then-U.S. Rep. Chip Pickering, and served as counsel to the Constitution Subcommittee of the U.S. House Judiciary Committee.
Hurst's wife, Celeste Hurst, was elected last year to the state House District 77 seat, representing Madison, Rankin and Scott counties.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Crooked Letter Sports Podcast
Podcast: It’s crunch time in both college and high school baseball.
We are into the second week of May, which means the college and high school baseball seasons have reached the point where every pitch matters. At present, Mississippi State is a likely 2-seed, Southern Miss is a 3-seed and Ole Miss is on the outside looking in. The Rebels, however, can change that this weekend when No. 1 ranked Texas A&M comes to Oxford. Also, Tyler gives the lowdown on all the high school baseball playoff action.
Stream all episodes here.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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