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Magnolia Political Report #51
January 20, 2004
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Congressional Races
All four of the state’s incumbent congressmen drew opposition for the November elections. None has a primary opponent. Congressmen Roger Wicker and Chip Pickering face only weak challengers in Reform Party candidates who don’t even live in their respective districts.

Fourth District Congressman Gene Taylor has the most serious challenger in Petal legislator Mike Lott (no relation to Trent Lott). Lott hails from the northern part of the new Fourth Congressional District. Prior to redistricting after the 2000 Census, the Fourth was dominated by the Gulf Coast, a stronghold for Taylor. The population is fairly evenly split now between the Coast and the northern half of the district.

In his 15 years in Congress, Taylor has consistently been a maverick. When the House leadership was dominated by Democrats, Taylor often sided with Republicans. Taylor didn’t get along well with the Clinton Administration. Once the Republicans took the House majority, Taylor frequently took to the House floor to launch verbal barbs at the GOP leadership.

The maverick politician hasn’t spared the Bush Administration criticism. He opposed Bush’s tax cut and voted against the prescription drug plan, which eventually passed the House. When Democratic presidential hopeful Wes Clark visited Jackson recently, Taylor was quoted as saying, “When George Bush was chasing girls at Yale, Wesley Clark was chasing Viet Cong in Vietnam.” Taylor’s quote wasn’t well received at the White House. Afterwards, the President was rumored to have made several calls recruiting candidates to run against Taylor.

Taylor’s contrarian streak might put him philosophically at odds with many of his constituents, but he’s still personally popular in much of the district, and voters respect his independence. As with any incumbent, Taylor will be exceedingly difficult to beat. It would be a huge upset. However, if there’s an upset in Mississippi congressional elections this year, this is probably the only chance.

Any of the three Republican candidates could emerge as the nominee to challenge Congressman Bennie Thompson. Each has his or her own strengths and base of support. Stephanie Summers-O’Neal may be a slight favorite at this point because she’ll likely have a fundraising advantage. Whoever emerges will have an uphill fight against Thompson.


Qualified Candidates
1st District
(I)Roger Wicker - Republican - Tupelo
Barbara Dale Washer – Reform – Hattiesburg

2nd District
(I)Bennie Thompson - Democrat - Bolton
James Broadwater – Republican - Byrum
Clinton LeSueur - Republican – Greenville
Stephanie Summers-O’Neal - Republican – Jackson
Shawn O’Hara – Reform – Hattiesburg

3rd District
(I)Chip Pickering - Republican - Flora
Lamonica L. Magee – Reform – Foxsworth
Jim Giles – Independent – Pearl

4th District
(I)Gene Taylor - Democrat - Bay St. Louis
Mike Lott – Republican – Petal (House District 104 – Forrest and Lamar Counties)
Steven McCaleb – Republican - Long Beach
Randy McDonnell – Republican - Biloxi
Karl Mertz – Republican - Long Beach
Tracella Lou O’Hara Hill – Reform – Hattiesburg

Vote Counts
As expected, Representative Billy McCoy of Rienzi prevailed in the jockeying to succeed retired Rep. Tim Ford as Speaker of the House.

J.P. Compretta of Bay St. Louis was tapped by House members to become Speaker Pro Tem. Four candidates lined up to replace, Rep. Robert Clark, who retired from the legislature last year.

Three rounds of votes ultimately determined the Speaker Pro Tem. The candidate with the least votes dropped out after each round.

The first out of the race was Rep. Charlie Capps of Cleveland, leaving Compretta facing Rep. George Flaggs, a member of the Legislative Black Caucus, and Republican Mark Formby.

Throughout the three rounds of voting, Flaggs held on to all the members of the Black Caucus except for Rep. David Green of Gloster. Aside from the Caucus, Flaggs attracted the vote of Rep. Mae Whittington on all three votes. Rep. Cecil Brown voted for Flaggs after his first choice, Capps, was ousted in the first vote.

Flaggs ousted Rep. Mark Formby of Picayune in the second round when a tie was broken by Speaker McCoy.

In the two rounds of votes, Formby received the support of most of his fellow Republicans, but by no means all. Fifteen of the 46 Republicans in the House defected from their party on the vote.

In the first round, Reps. Larry Baker (Senatobia), Jim Barnett (Brookhaven), Forrest Hamilton (Olive Branch), Frank Hamilton (Hurley), Chester Masterson (Vicksburg), Ted Mayhall (Southaven), John Read (Gautier), Jim Simpson (Pass Christian) and Tommy Woods (Byhalia) voted with Capps.

Reps. Leonard Bentz (Biloxi), Danny Guice (Ocean Springs), Steve Horne (Meridian), Roger Ishee (Gulfport), Eric Robinson (Quitman), and Hank Zuber (Ocean Springs) voted for the eventually winner, Compretta, thought-out the voting. Rep. Jim Simpson of Pass Christian voted for Capps in the first round, Flaggs in the second and Compretta in the last.

After Capps was knocked-out of the first round, most of the Capps votes went with Formby. Gary Staples of Laurel switched his vote form Formby to Compretta. Hamilton and Read, who initially voted for Capps, also voted for Compretta. Simpson voted for Flaggs, creating a tie between Flaggs and Formby which Speaker McCoy broke with a vote for Flaggs.

Mississippi’s Moment
Haley Barbour visited every corner or the state in the run-up to his swearing in at noon Tuesday. Barbour made stops in Yazoo City, Southaven, Tupelo and Biloxi before ending up in Jackson for two days of festivities.

In his inaugural address before hundreds gathered on the South front of the capitol, Barbour labeled jobs as “our most urgent need.” He tied reforms to education, the civil justice system and the state budget to the long-term prospects of job creation and greater opportunity.(TEXT OF INAGURAL SPEECH)

 


On the Move
The Jackson based law firm of Phelps Dunbar announced that former Attorney General Mike Moore will join the firm as counsel.

Former Governor Ronnie Musgrove plans to teach several political science courses this year at his alma mater, the University of Mississippi. Musgrove told the Associated Press he would teach part time while attending to “some other work.”

Barbour's campaign Press Secretary, Quinton Dickerson, has opened up a PR/Marketing firm, Frontier Strategies.

DiAnne Owen, Barbour's scheduler, will be an associate director in external affairs at the Republican Convention in New York.

Some new faces will also be seen around the Mississippi Republican Party. Barbour campaign staffer Arnie Hederman took the reigns at the State GOP last month as Executive Director. Hederman had previously served as Political Director at the State Party before heading to a job for Mike Parker’s 1999 run for governor. Hederman also worked for Barbour at the RNC when Barbour chaired the national committee. Sally Birdsall, who serverd as Deputy Communications Director on the Barbour campaign, will be the Communications Director. Ryan Annison will move over from the campaign to be the party's the IT Director.

Administration Staff Making Their Mark
One-time House Ways and Means Chairman Charlie Williams will head up Governor Haley Barbour’s office as Chief of Staff. Williams, who ran for governor himself in 1999, has been close to Barbour since they roomed together at Ole Miss.

Former Fordice communications director John Arledge will reprise his role as communications director in the Barbour administration. Arledge will wear another hat as Deputy Chief of Staff.

Pete Smith comes over from State Auditor Phil Bryant’s office to server as Barbour’s press secretary. Kathryn Stewart, who worked on Barbour’s campaign, will be Smith’s deputy. Bo Kabala serves as the other deputy press secretary.

Jim Perry, who ran the policy shop on Barbour’s campaign, will transition to the governor’s office as Director of Policy. Previously, Perry served as the Legislative Director of U.S. Congressman Roger Wicker.

Joining Perry on the policy staff will be former Jackson City Councilman Daryl Neely, one-time Congressman Chip Pickering Deputy Chief of Staff John Rounsaville and former Assistant Dean of Student Organizations at UM, Dr. Jason Dean. Mary Alice Browning, Nicole Stofer and Lucien Smith will also assist in the policy shop.

Two former legislators will serve as legislative liaisons for Barbour. Andrew Ketchings of Natchez left the House of Representatives to run for State Treasurer. Neely Carlton retired from the State Senate after the birth of a child early last year.

Joining Ketchings and Carlton as a legislative liaison is Preston Powell, who spent last year working on Lt. Governor Amy Tuck’s campaign.


Unanimous Committee: Senate District 29 Election Invalid
A five person Senate Committee unanimously voted Monday to hold another election in the contested Senate District 29 race between Richard White and DeWayne Thomas. If the full Senate goes along with the committee’s recommendation, the election will be held on February 10th. No other candidates will be allowed to qualify, but all voters in the district will be given the opportunity to vote whether they voted in the November election or not.

DeWayne Thomas was certified as the winner in the closely contested election, but he wasn’t seated when other Senators were sworn-in a few weeks ago. Thomas’ election contest with Senator Richard White has been mired in controversy since Election Day because of several irregularities, including un-initialed ballots that were counted despite never having been counted before in previous state elections.

The committee concluded that the Hinds County Election Commission had improperly counted un-initialed paper ballots. It noted also that totals from illegal ballots were wrongly entered into the totals, and that the mistake could not be corrected because the ballots could not be identified.

The Senate committee also found that 151 voters from Precinct 93B in Senate District 28 were improperly allowed to vote in the Senate District 29 election. The results were included in the certification numbers by the Hinds County Election Commission. Only three of the five members of the commission signed the certification due to the election controversy.


Committee Slams Moore
The five member Senate Committee (Senators Terry Burton, Ralph Doxey, Lynn Posey, Tommy Robertson and Cindy Hyde-Smith) found numerous errors in Attorney General Mike Moore’s two opinions relating to the contest. In a 1991 opinion, Moore had issued an opinion stating that un-initialed ballots should not be counted. Several Supreme Court decisions affirm that the ballots shouldn’t be counted.

In two opinions on this election, Moore changed his position 180 degrees.

In their report, the committee noted that Moore’s opinion initially only applied to ballots in Precinct 94. He later issued a subsequent opinion, recommending the counting of un-initialed ballots only in Hinds County. The committee found that Moore’s opinion constituted major changes in Mississippi election law, which would run afoul of the Voting Rights Act with which requires major changes to election law to first receive pre-clearance for the U.S. Department of Justice.

The committee also concluded that Moore’s opinion “established different procedures for conducting an election” in Hinds County than in the other 81 counties in the state. Their report states that this is “contrary to law and simply not fair.” Ultimately, they found Attorney General Moore’s two opinions “wrong and ill-advised,” stating they “should not be followed in any future elections….”

In an interesting side bar, Thomas attorney Ben Piazza argued a case decided by the Supreme Court on September 11, 2003 in which the high court affirmed state law declaring un-initialed ballots illegal. In that case, Piazza’s client benefited form the disqualification of un-initialed ballots. In the Thomas case, Piazza took the other side and lost.


Musical Chairs at the State Capitol
New Speaker of the House Billy McCoy and Lt. Governor Amy Tuck have both made their appointments to the committees that determine the direction of the legislature. Both firmly reflect the direction each will lead their respective chamber. McCoy’s choices have a more populist, liberal bent than the appointees of the conservative Tuck.

In the House, McCoy made history by appointing Percy Watson to chair the Ways and Means Committee. Watson becomes the first African-American to lead a “money” committee in the state legislature. McCoy replaced longtime Appropriations Committee Chairman Charlie Capps with Rep. Johnny Stringer. Capps will chair the Constitution Committee.

Tuck, reflecting her switch to the GOP, bounced Senator Bennie Turner from his post as chairman of the Judiciary Committee. Senator Alice Hardin was moved from the chair of the Education Committee to the chairmanship of the committee on Universities and Colleges. Senator Mike Chaney of Vicksburg replaces Hardin as chair of the Education Committee.

Nowhere will the chasm between the Republican led Senate and the Democrat led House be more apparent than over the issue of civil justice reform.

Tuck, who is a strong proponent of civil justice reform, split the Senate Judiciary into two committees. One will purportedly handle civil issues; the other, criminal. Tuck appointed conservative Republican Charlie Ross to handle Judiciary A and appointed liberal Democrat Gray Tollison to head the other. Presumably Tuck will refer tort reform bills to Ross’ committee, where they are very likely to pass.

The House already had two judiciary committees. McCoy appointed one of the state’s wealthiest trial lawyers, Rep. Ed Blackmon, to chair Judiciary A and appointed moderate Rep. Jeff Smith of Columbus to lead the other. Any civil justice reform measure that is referred to Blackmon’s committee should be considered dead-on-arrival.

House of Representatives
Entire List (PDF)
Agriculture - Bo Eaton
Apportionment and Elections - Tommy Reynolds
Appropriations - Johnny W. Stringer
Banks - Danny Guice
Conservation and Water Resources - Jamie Franks
Constitution - Charlie Capps
Corrections - Bennett Malone
County Affairs- Rickey Cummings
Education - Randy "Bubba" Pierce
Enrolled Bills - Credell Calhoun
Ethics - Robert E. Vince
Executive Contingent Fund - Mary Ann Stevens
Fees and Salaries of Public Officers - David Green
Forestry - Bobby Moody
Gaming - Bobby Moak
Insurance - Mark Formby
Interstate - Tommy Woods
Investigation of State Offices - Lee Jarrell Davis

Judiciary "A" - Ed Blackmon
Judiciary "B" - Jeff Smith
Juvenile Justice - George Flaggs
Labor - Harvey Moss
Local and Private Legislation - Willie Perkins
Management - J. P. Compretta
Marine Resources - Herb Frierson
Medicaid - Leonard Morris
Military Affairs - Ray Rogers
Municipalities - Walter Robinson
Oil, Gas and Other Minerals - John R. Reeves
Ports, Harbors and Airports - Billy Broomfield
Public Health and Human Services - Steve Holland
Public Property - Tom Weathersby
Public Utilities - Tyrone Ellis
Rules - Joseph L. Warren
State Library - Alyce Clarke

Tourism - Diane Peranich
Transportation - William Miles
Universities and Colleges - Charles Young
Ways and Means - Percy W. Watson
Wildlife, Fisheries and Parks - Eric Robinson
Senate
Entire List (PDF)
Agriculture - Cindy Hyde-Smith
Appropriations - Jack Gordon
Business and Financial Institutions - Nolan Mettetal
County Affairs - Nickey Browning
Corrections - Bunky Huggins
Constitution - Hob Bryan
Enrolled Bills - Stacey E. Pickering
Economic Development and Tourism - Scottie Cuevas
Education - Mike Chaney
Elections - Robert Chamberlin
Environment Prot, Cons and Water Res - Tommy Moffatt
Executive Contingent Fund - Johnnie Walls
Finance - Tommy Robertson
Forestry - Billy Harvey
Fees, Salaries and Administration - Billy Thames
Highways and Transportation - Billy Hewes
Interstate and Federal Cooperation - Hillman Terome Frazier
Insurance - Dean Kirby
Investigate State Offices - David Jordan
Judiciary, Division "A" - Charlie Ross
Judiciary, Division "B" - Gray Tollison
Labor - Terry W. Brown
Legislative Budget Committee - Amy Tuck
Local and Private - Ralph Doxey
Municipalities - Terry Burton
Oil, Gas and Other Minerals - Bob Dearing
Public Health and Welfare - Alan Nunnelee
Ports and Marine Resources - Tommy Gollott
Public Property - Sampson Jackson
Public Utilities - Tom King
Rules - Travis Little
State Library - Kelvin Butler
Universities and Colleges - Alice Harden
Veterans and Military Affairs - Videt Carmichael
Wildlife, Fisheries and Parks - Lynn Posey


Pickering Moves Up The Bench
President George W. Bush gave a recess appointment Friday to U.S. District Judge Charles Pickering. Pickering was sworn in later that day at the Federal Courthouse in Jackson. Pickering will be a member of the Fifth Circuit Court of Appeals. The appointment is good until a new congress convenes a year from now. Once the 109th Congress is sworn in, Pickering will have to be confirmed by the new Senate.

The recess appointment provides some closure to a two-year battle over Pickering’s nomination. The nomination was opposed by national Democrats, civil rights groups and a number of left-leaning organizations.

Congressman Bennie Thompson, who has led opposition in Mississippi to the nomination, criticized the decision, saying, “It was quite unfortunate that the President would choose to seat Judge Pickering as the nation prepares to celebrate to life and legacy of Dr. Martin Luther King, Jr.”

Magnolia Report Updates
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