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Magnolia Political Report #52
February 11, 2004
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White Wins Special
Senate 29 Breakdown
State Senator Richard White easily cruised to re-election in the final round of the controversial Senate District 29 race. With all precincts reporting, White had tallied over 2,000 more votes than his opponent, Jackson attorney DeWayne Thomas. The spread gave White an impressive 59 percent of the vote in the Senate ordered special election.

Both candidates ran hard for the three weeks from the day the Senate voted to order a new election until Election Day. Each employed different strategies. The election validated White’s plan, which leaned heavily on the organizational abilities of the Mississippi Republican Party, in both concept and execution.

Thomas banked heavily on wholesale, mass media driven campaigning. In the final week of the campaign, he spent over $40,000 on television and radio advertising. Judging by the results, his message of being the victim of partisan politics didn’t resonate with the voters he targeted. Though he and his wife did campaign door-to-door, he didn’t mobilize the grassroots organization that White was able to muster.

White didn’t have much of an “air” game, opting instead to put his resources on the ground. Most of his energies were put into mobilizing an army of about 125 volunteers to get-out-the-vote in precincts favorable to him in November. What little money White spent on paid media was used for about $5,000, on radio ads. The ads, featuring Governor Haley Barbour, were targeted to conservative talk radio listeners.

White utilized two primary messages to energize his supporters to slog to the polls on a rainy Election Day. White ran as the true conservative in the race and built on the theme of change that helped Barbour win election as governor. Barbour helped amplify both by cutting a radio ad, endorsing White in direct mail and even campaigning with White door-to-door last Saturday.

White benefited from a highly organized Party organization, a luxury the Democrat Thomas did not enjoy. From their headquarters in Jackson, the Republican Party was able to help White build an impressive volunteer base that was able to contact voters door-to-door and over the phone.

Winners and Losers
Beyond the candidates themselves, there were other winners and losers on election night. The winners can claim momentum while the losers are left to wonder what went wrong and reassess their strategy.

Winners
Governor Haley Barbour put his name and prestige on the line by taking a prominent role in White’s campaign. Had White lost, it would have seen as a rebuke of the early days of the Barbour Administration. However, Barbour was vindicated. The voting public nodded their approval of Barbour’s early days as governor.

The Mississippi Republican Party, now under the direction of Barbour camp veteran Arnie Hederman, also had a heavy ownership stake in White’s election by virtue of the leadership role they took. Though he only formally took the reins of the state GOP a month ago, the philosophy and party structure Hederman has put in place passed its first test with flying colors.

The business community, led by BIPEC and the Mississippi Manufacturers Association, are also among the winners Tuesday night. White has consistently sported one of the most pro-business voting records in the State Senate. Though he never clearly stated his position on civil justice reform, the business community expressed little doubt about how Thomas would vote as a State Senator. Thomas has made millions as a plaintiffs’ attorney. They got their man with White’s election.

Losers
The State Democratic Party bought into the race over the weekend by organizing a get-out-the-vote effort, which they publicized with a press release. Party leadership has been trying to get their footing after losing their incumbent governor and several other high-profile races last year. Entering the race and losing won’t help State Democrats, but they should have a while to lick their wounds before the next partisan state election.

A number of plaintiffs’ attorneys invested in their colleague Thomas’ race, hoping to pick-up a vote in the pro-tort reform Senate. Many also probably salivated at the thought of sticking a proverbial thorn in the side of Lt. Gov. Amy Tuck. Their efforts fell short, setting back their efforts to make waves in the State Senate.

Mississippi Right to Life stirred up a controversy by endorsing Thomas instead of the die-hard pro-life incumbent White. Had Thomas won, the controversy would probably have faded over time. With White serving day to day in the State Senate, it likely won’t be forgotten.


Mississippi Policy

Former U.S. Attorney General Ed Meese is coming to Jackson on behalf of the Mississippi Center for Public Policy. The group will hold their 2004 Annual Banquet at the Hilton Hotel on February 16 at 7:00 p.m. Meese will keynote the event. Information can be found at www.mspolicy.org/banquet_2004.htm.


Supreme Court Races
(www.magnoliareport.com/Races2004.htm)
Judicial election cycles in 2000 and 2002 turned out to be battles between the state’s business interest and plaintiffs’ attorneys. During much of the 90’s, candidates backed by plaintiffs’ attorneys dominated the courts. After a spate of bad publicity caused by high jury awards in several high profile lawsuits, national players such as the U.S. Chamber of Commerce and state business interest began “playing” in judicial elections in a big way.

Business got mixed results in 2000, but seemed to turn the corner in 2002. Two years ago, a business backed candidate knocked-off Justice Chuck McRae. Another business friendly candidate, Jess Dickinson of Meridian, won a competitive race in the Central District against a candidate backed by the plaintiffs’ bar. Another business friendly candidate, Jess Dickinson of Meridian, won a hard fought race in the Central District against a plaintiffs’ bar backed candidate.

Elections this year should be no different. Business and plaintiffs’ lawyers will line up behind candidates in a proxy fight over the direction of justice in the state. With millions at stake for both sides, the bar for election to the Supreme Court has been raised considerably over the past ten years.

Northern District; Position 3
http://www.mssc.state.ms.us/bios/supreme/GeorgeCarlson.htm

Incumbent Justice George Carlson of Batesville was appointed by Governor Ronnie Musgrove in 2001 to fill a vacancy left by Justice Mike Mills when Mills was tapped for a federal judgeship in Oxford. Carlson is generally liked by the business community and has yet to draw an opponent. Appeals Court Judge David Chandler, who generally lines up with plaintiffs’ attorneys is rumored to be looking at the race.

Central District; Position 1
http://www.mssc.state.ms.us/bios/supreme/WilliamWaller.htm

Incumbent Bill Waller, Jr. of Jackson is viewed favorably by the business community and roundly disliked by the plaintiffs’ bar. Waller hasn't drawn an opponent yet, but rumors have Warren County Circuit Judge Frank Vollor seriously eyeing the race. Vollor ran as the trial lawyer-backed candidate in 2000 against Justice Jim Smith.

Central District; Position 2
http://www.mssc.state.ms.us/bios/supreme/JamesGraves.htm

Incumbent Justice James Graves of Jackson, the only African-American on the state’s high court, is considered to be aligned with the state’s plaintiffs’ attorneys. Like Carlson, Graves was appointed to the Court in 2001 by Governor Ronnie Musgrove.

Along with Graves, the race has drawn former Chancellor Ceola James of Warren County, current Circuit Judge Samac Richardson of Rankin County, and current Jusice Court Judge Bill Skinner of Hinds County.

Conventional wisdom says that James will be a non-factor among black voters. Richardson is thought to have the biggest base among white voters, while Skinner will pull some vote from him. Skinner’s entry into the race could easily cause a run-off two weeks after the election in November.

Graves is viewed as the most vulnerable Justice running for re-election this year. Consequently, the field of four candidates could expand before the qualifying deadline.

Southern District; Position 3
http://www.mssc.state.ms.us/bios/courtofappeals/Joelee.htm

Chief Justice Ed Pittman is retiring, but it's not known whether that will take place prior to the May 9th qualifying deadline or at the end of the term in January 2005. If Pittman resigns early, look for Governor Haley Barbour's appointment to Supreme Court to be the candidate that the business community views favorably.

Two candidates are already qualified for the race. Court of Appeals Judge Joe Lee is perceived to be in the plaintiffs’ attorneys camp. Harrison County attorney David Ishee is courting the business base.


Capitol Resources
The Jackson-based lobbying firm Capitol Resources has added several Haley Barbour staffers and one former Musgrove staffer. Barbour’s nephew and campaign manager, Henry Barbour, has joined the firm as a partner. Barbour’s brother, Austin, who served as a fundraiser for his uncle’s gubernatorial campaign, is also joining the firm. Capitol Resources rounds out its new hires with former Barbour campaign staffer Melissa Hederman and former Musgrove Communications Director LeAnn Mayo.


Campaign finance on the way?
Reportedly Secretary of State Eric Clark and Attorney General Jim Hood will unveil a McCain-Feingold style campaign finance reform bill Thursday to tighten up on soft money in Mississippi campaigns. The proposal will also require candidates raising over $50,000 to file campaign finance reports electronically and it will close the type of loopholes that allowed Lt. Gov. Amy Tuck to legally not report some details of loans to her campaign.

During his successful campaign for Attorney General, Hood was outraged by independent expenditure ads aired by groups on behalf of his opponent. On the flip-side, Hood also took out a $425,000 loan from Bancorp South on October 24th. Hood benefited from laws not requiring him to disclose the details of the loan.

After disclosing the terms of her loans last July, Tuck vowed to help pass legislation to clear up ambiguity in Mississippi’s campaign finance system. Many Republicans opposed McCain-Feingold nationally on free speech grounds. Their reaction to the Clark-Hood proposal remains to be seen. If they oppose it, Tuck could be in a tight spot.

In the House, Rep. George Flaggs of Vicksburg has already filed legislation requiring full disclosure on loans to candidates.

Other election reform proposals of note:

Voter ID
Three voter ID bills have been filed in the State Senate, including one by President Pro Tem Travis Little. Rep. Rita Martinson has filed her own voter ID bill in the House. Last year, the State Senate passed voter ID but the House refused to budge. Eventually voter ID got tied into a bill which would have enabled the state to take advantage of up to $34 million in federal money to modernize the election process. The House and Senate stalemated and nothing was done, leaving the state unable at least temporarily to take advantage of the money.

Open primaries
Several legislators continue pushing legislation to create open primaries in the state. Senator Nickey Browning has filed legislation in the Senate. Several open primary bills have been introduced in the House, including a bill by Rep. Steve Holland of Plantersville.

Other election legislation of note
State Senator Sampson Jackson wants qualified voters to be able to cast an absentee ballot for any reason. Rep. Eric Flemming would like to see the law mandating non-partisan judicial elections repealed. State Senator Alan Nunnelee and Rep. Eric Flemming have proposed moving statewide elections to presidential election years. Rep. Dirk Dedeaux has proposed legislation raising the price of qualifying for elective office.


Pickering Replaced
On January 16, President George W. Bush gave Judge Charles W. Pickering a recess appointment to the US Fifth Circuit Court of Appeals. The recess appointment does not require Senate approval but expires at the end of this Congress in January 2005. If Bush wins reelection, Pickering could be renominated and possibly confirmed by a new Senate that either breaks the filibuster or changes the filibuster rules, he could be given another recess appointment or he could retire.

Meanwhile, the search is on for Pickering's replacement on the Federal District Court Bench for Mississippi's Southern District in Hattiesburg. The White House has asked Sennators Thad Cochran and Trent Lott to submit recommendations. The appointment is a lifetime position.

Both 14th District Circuit Court Judge Keith Starrett and State Appeals Court Judge Leslie Southwick have met with the White House Counsel's Office for interviews. Starrett had long been mentioned as a potential replacement for Pickering when the nomination first arrived in 2001. Southwick had been considered as an alternative to Pickering on the 5th Circuit when the nomination ran into difficulties.

Others mentioned in the press as possible candidates include: Attorney Mike Randolph of Hattiesburg, former Hinds County Circuit Judge Ermea J. Russell and Chancery Court Judge Johnny Lee Williams of Hattiesburg.

Representative Bennie Thompson has suggested attorneys Constance Slaughter-Harvey of Forresst and Deborah Gambrell, a Justice Court Judge in Hattiesbug, but no word if they made the Senators' lists.

The White House will consider recommendations by the Senators, but isn't bound by them.


The Ronnie Show
Former U.S. Congressman Ronnie Shows has found a new home on talk radio. Shows one hour broadcast on Supertalk FM, from 4pm to 5pm each Sunday, deals with topics such as Medicare and Medicaid, military benefits and small business regulations. Shows will also have a wide range of expert guest and will take calls from listeners across the state. It's the new Ronnie Shows Show.




Barbour and McCoy Announce Plans
Governor Haley Barbour unveiled a budget plan that reduces the budget gap from $709 million this year to $356 next year. According to Barbour, the state’s budget gap would be closed in two years under his proposal, which he dubbed “Operation Streamline.”


With a few important exceptions, Barbour’s budget largely mirrors the Legislative Budget Report (LBR) for fiscal year 2005. His budget proposes $113 million more than the LBR but offsets the increases with a proposed $283 million in savings.

Click here for a complete review of Operation Streamline.

New Speaker of the House Billy McCoy presented the “McCoy Plan” to Barbour and the legislature last week. McCoy envisions the 20-year plan bringing more jobs to Mississippi. Developed in conjunction with university leaders, the plan funds scholarships targeted at critical geographical and subject areas, offers incentives for professionals to stay in state and provides stable funds for research.


New Sites
www.GovernorBarbour.com - Governor Haley Barbour’s official website has been launched and it includes many features never before seen on a Mississippi Governor’s website. For starters, the website name is new, www.GovernorBarbour.com, and is much easier to remember than the former gubernatorial web address, www.governor.state.ms.us, which now automatically forwards to the new address. The website features up-to-date press releases, photos, staff list, speeches (including the Governor’s recent State of the State Address and his Inaugural Address), and online scheduling request forms for the Governor and First Lady. The website’s homepage also includes an e-mail sign-up for people to receive regular e-mail updates from the Governor’s office.


www.LesueurForCongress.com

www.Vote-Stephanie.com


www.ChuckMcrae.com
- Where in the world is Chuck McCrae? Thanks to his new web site, you can follow the former justice on world tour. While on the court, Justice McRae was always good entertainment. The Magnolia Report is happy to see that his retirement is no different.

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