This week in politics: U.S. appellate court opts not to re-hear MS mail-in absentee voting case

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23-03-2025

The U.S. Fifth Circuit Court of Appeals has declined to re-hear a case in which it ruled that Mississippi cannot count mail-in absentee ballots it receives after a federal election day.
Under the order, election workers would not be allowed to count any mail-in ballots after a federal election, and any mail-in ballots received by election workers after an election day would not count.
After a panel of judges on the court ruled in October that Mississippi's mail-in absentee ballot counting law violated federal law, the defendants in the case, Mississippi Secretary of State Michael Watson and Attorney General Lynn Fitch, requested the court re-hear.
In a majority opinion, Judge Andrew Oldham wrote that when lawmakers in 2020 passed the law allowing for mail-absentee ballots to be counted post-election day, it conflicted with federal law.
'The question presented to the panel was whether, in the absence of any federal statute authorizing any deviation from the uniform Election Day requirement, States nonetheless have freedom to accept ballots for as long as they would like,' Oldham wrote. 'The panel held no.'
As for future action, Watson's and Fitch's office could appeal the decision to the U.S. Supreme Court.
Whie tax reforms took much of the attention last week in the legislature, a bill that would require panhandlers to obtain a permit to solicit donations has been sent to the governor's desk.
On Wednesday, the House voted to concur with the Senate on House Bill 1197, which would require pan handlers to have a permit costing no more than $25 from a local town, county or governing authority in that area.
Homelessness bills in Mississippi: Anti-homeless bills pass MS House. See what they would do
The folks who have those permits could only solicit donations from 9 a.m. to one hour before sunset and only in areas that do not impede traffic.
Those who panhandle would also have to say where they intend to solicit donations and would not be allowed to panhandle more than 100 feet from that stated location.
Advocates of the bill have said the legislation would help to address safety concerns with homeless people soliciting donations on roadways and also homeless encampments on public property throughout the state.
Opponents have said the bill would do nothing to address helping people who are homeless, but only punish for being so.
If anyone who panhandles violated the provisions in the law, they could be convicted of a misdemeanor that carries a fine of up to $500 or be imprisoned at a county jail for no longer than six weeks.
Failure to comply with the law could result in a misdemeanor crime, where upon conviction a violator would be subject to a fine of not more than $500, imprisoned in county jail for not more than six months, or by both.
Last week was a big week for tax-reform advocates and interested parties, but it wasn't the only thing going on.
Other than bills addressing homelessness, lawmakers sent several bills to Gov. Tate Reeves' desk. He even vetoed his first bill of the session.
This week, the House and Senate were informed that Reeves on March 14 vetoed House Bill 1085, legislation that would have allowed counties to donate to Main Street Revitalization grants and make the Mississippi Department of Archives and History the administrator of that program.
In essence, the bill moved the administration of the program from the Mississippi Development Authority to MDAH and increased the appropriations for the program and the allotment of funds for each individual grant that are applicable.
The grant program was put in place to allow local communities to receive funds to improve their downtown areas via various projects.
In his veto, Reeves cited that the legislation effectively was two different types of legislation, a general bill and an appropriations bill, lobbed into one, which is unconstitutional in Mississippi, hence the veto.
"In sum, while I have no doubt that the members of the Legislature that voted in favor of House Bill 1085 did so with the intention of facilitating grant funding to Mississippi's downtown and main street communities, a worthy goal that I share, because the form of HB 1085 violates multiple clear prohibitions contained in the Constitution, the bill has not been lawfully presented to me," Reeves wrote in his veto message. "Thus, both the plain text and spirit of the Constitution requires me to veto House Bill 1085."
Here are a few other things you may have missed.
Tax cut talks stall: MS tax cuts stalled. At issue are different philosophies on fixing state retirement system
New tax cut plans proposed: New tax cut plans pass Senate, House as fears over federal funding loom. see details
Tax cut heads to governor with errors: MS governor set to sign bill eliminating income tax despite obvious errors in wording
Children's Promise Act dies: Children's Promise Act dies in MS Senate, thanks in part to Republicans. See why
Grant McLaughlin covers the Legislature and state government for the Clarion Ledger. He can be reached at [e-mail] or 972-571-2335.
This article originally appeared on Mississippi Clarion Ledger: MS mail-in absentee voting case won't be re-heard by appellate court