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Legislature restores no voting rights during 2023 session

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Legislature restores no voting rights during 2023 session

The Mississippi Legislature, for the first time since 2016, did not restore rights to any person convicted of a felony.

Mississippi is the only in the nation that requires people convicted of certain felonies to petition the Legislature to restore their voting rights. Most years the Legislature passes a handful of bills — normally about five — to restore voting rights to individuals convicted of felonies.

Seven bills restoring voting rights died on the Senate calendar when the 2023 ended on Saturday around 2 a.m. Senate Judiciary B Chair Joey Fillingane, R-Sumrall, said he opted to let the bills die instead of bringing them up for a vote because he did not think he could garner the two-thirds majority needed to pass each bill.

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“It seemed like there was not enough support,” Fillingane said. “They barely passed out of committee on close votes. And before the full Senate, it takes a two-thirds vote instead of a majority vote to pass. Instead of embarrassing anyone by calling them up and them defeated, we decided not to call them up.”

Fillingane said he spoke with the senators who he thought would be on the fence, and they all indicated they would be “no” votes.

Mississippi is among a handful of states — fewer than 10 — that do not restore voting rights at some point after people complete their sentence. And Mississippi is the only state requiring people to navigate the cumbersome legislative maze to have their voting rights restored.

The most suffrage bills passed in one session during the 2000s was in 2004 when 34 were approved, according to a Mississippi Today analysis. In 2009, 2012 and 2016, like this past session, no felony suffrage bill was approved. In 2021, there were five approved and in 2021 two were passed.

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A is pending before the U.S. Supreme that argues Mississippi's felony suffrage provisions are in violation of the U.S. Constitution. The lawsuit argues that the provision was placed in the state's 1890 constitution as one of many devices to prevent Black from voting. The thought at the time was that impoverished African Americans might be more prone to commit certain crimes like and embezzlement, so those specific crimes were determined by the writers of the state constitution to be disenfranchising crimes. Meanwhile, the framers deemed people did not lose the right to vote for many more serious crimes such as murder and rape.

In 2022, the 5th Circuit Court of Appeals conceded that the provision was placed in the state constitution as a deterrent to African Americans voting. But the appeals court ruled in a split decision that because the state constitution was amended later to make murder and rape disenfranchising crimes, that the 1890 provision was no longer unconstitutional.

The Mississippi Center for Justice and others are appealing that decision to the U.S. Supreme Court.

Rob McDuff, an attorney with the center, said the fact that the Supreme Court has not yet dismissed the case could be a good sign and suggest the justices “are continuing to look at it.” The case was appealed to the Supreme Court in October 2022.

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McDuff said it was disappointing that the Legislature did not restore any voting rights this session, but stressed that there are “thousands of people who have served their sentence and the fact that the Legislature generally restores voting rights to a few each session is another indication that the provision in the 1890 Constitution should be repealed in its entirety.”

Fillingane said the Senate in recent years has normally restored voting rights to only those convicted of crimes that would be considered non-violent, such as embezzlement. He said those convicted this year were convicted of crimes that could be considered more violent, such as robbery. One of the people under consideration had been convicted of using public property illegally. The Senate has routinely refused to take up cases where people were convicted of stealing or embezzling public funds.

But Fillingane said as chair of the Judiciary B Committee he wanted to give those people an this year but opted not to bring them up before the full Senate because he did not think there were enough votes to pass them.

The original list of crimes deemed to be disenfranchising has been updated by official opinions from the Attorney General's office through the years to coincide with modern criminal .

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The crimes on the list via the opinions are arson, armed robbery, bigamy, bribery, embezzlement, extortion, felony bad check, felony shoplifting, forgery, larceny, murder, obtaining money or goods under false pretense, perjury, rape, receiving stolen property, robbery, theft, timber larceny, unlawful taking of a motor vehicle, statutory rape, carjacking and larceny under lease or rental agreement.

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

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mississippitoday.org – Alex Rozier – 2024-05-08 15:42:36

About a year and half ago, on the heels of 's infamous system failure, advocates and politicians from Mississippi began publicly questioning the mechanisms that are supposed to 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 funds were allocated to Jackson versus other parts of the .

Then days later, the Environmental Protection Agency's office opened an investigation into two state agencies — the Mississippi Department of Environmental Quality and the Mississippi Department of — 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.

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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.

A scatter plot from the EPA's analysis comparing the levels of funding cities received with their percent of Black .

“The evidence overwhelmingly shows that the Mississippi Department of Environmental Quality did everything right,” MDEQ Executive Director Chris Wells said in a press release 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.

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

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Mississippi Today

MSGOP Chair Bordeaux stepping down. Mike Hurst endorsed as successor

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mississippitoday.org – Taylor Vance and Geoff Pender – 2024-05-08 12:25:40

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 ,” Bordeaux said. “We've elected more 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 .” 

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Republican Gov. Tate Reeves in September 2020 backed Bordeaux, a longtime Coast , to replace former GOP Chairman Lucien Smith, a move that likely proved crucial to the governor transforming the Coast into a political firewall of 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 to a Republican governor's chairman nomination in recent history.

Reeves did not immediately make a statement after Bordeaux' announcement on social , 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.

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Gov. Tate Reeves signs qualifying paperwork to run for reelection, as his wife Elee Reeves, left, and party chairman Frank Bordeaux look on at the Mississippi Republican Headquarters in Jackson, Miss., Tuesday, Jan. 3, 2023. Credit: Eric Shelton/Mississippi

“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 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 '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.

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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.

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Crooked Letter Sports Podcast

Podcast: It’s crunch time in both college and high school baseball.

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We are into the second of May, which means the college and high school seasons have reached the point where every pitch matters. At present, Mississippi is a likely 2-seed, Southern Miss is a 3-seed and is on the outside looking in. The Rebels, however, can change that this when No. 1 ranked A&M 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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