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Mississippi seeks to dismiss lawsuit on elections amid COVID

Mississippi Secretary of State Michael Watson

Top officials in Mississippi are asking a federal judge to dismiss a lawsuit that seeks to remove some limitations from the state’s absentee voting process amid the coronavirus pandemic.

Posted: Sep 28, 2020 3:24 PM

JACKSON, Miss. (AP) — Top officials in Mississippi are asking a federal judge to dismiss a lawsuit that seeks to remove some limitations from the state's absentee voting process amid the coronavirus pandemic.

Secretary of State Michael Watson and Attorney General Lynn Fitch filed court papers Friday, responding to voting-rights groups that represent Mississippi residents with health conditions that could make in-person voting risky because of COVID-19.


Attorney General Lynn Fitch | Source: Mississippi Office of the Attorney General

Watson and Fitch did not deny that the pandemic is causing health risks. But the two Republicans repeatedly denied other assertions made by attorneys from the Southern Poverty Law Center and the Lawyers' Committee for Civil Rights Under Law.

Mississippi requires absentee ballot applications to be notarized. The state also requires most people to provide an excuse to vote absentee, such as being out of town on Election Day.

The plaintiffs are asking a judge to block those two requirements, saying those are unconstitutional. They are also asking a judge to provide a clear process for what happens when election officials say they see inconsistencies in a voter’s signature.

“Defendants admit only that Mississippi state laws establishing who is eligible to vote by absentee ballot speak for themselves,” wrote a state attorney representing Watson and Fitch.

The lawsuit was filed in August on behalf of three Mississippi residents, the League of Women Voters of Mississippi and the Mississippi State Conference of the NAACP. It says Mississippi election laws could force people to choose between their health and their constitutional right to vote. It also says Watson and Fitch “have failed to take necessary steps to protect Mississippi voters’ fundamental right to vote despite the public health risks of voting in person during the COVID-19 pandemic.”

Mississippi does not allow widespread early voting. Instead, state law says absentee voting is available to anyone 65 or older, or to voters of any age who are permanently disabled or will be out of their home county on Election Day. People who have to work on Election Day when the polls are open also are allowed to vote absentee.

Legislators tweaked the law this year with provisions that expire at the end of 2020. Those allow absentee voting by someone with a temporary or permanent disability that may include “a physician-imposed quarantine due to COVID-19” or by a person who is “caring for a dependent that is under a physician-imposed quarantine due to COVID-19.”

The lawsuit in federal court is similar to one filed in state court by the American Civil Liberties Union of Mississippi and the Mississippi Center for Justice, which was also brought against Watson.

The state court lawsuit says Mississippi’s absentee voting law is confusing and could be applied inconsistently during the pandemic. A judge issued a statewide declaration Sept. 2 that would allow people to vote absentee if they have health conditions that could put them in extra danger because of COVID-19. The Mississippi Supreme Court reversed that decision Sept. 18, ruling that: "Having a preexisting condition that puts a voter at a higher risk does not automatically create a temporary disability for absentee-voting purposes."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 501097

Reported Deaths: 9990
CountyCasesDeaths
Harrison34338538
DeSoto32117403
Hinds31939628
Jackson24494382
Rankin21995390
Lee15543235
Madison14581280
Jones13851242
Forrest13453251
Lauderdale11991317
Lowndes11050188
Lamar10521135
Pearl River9533237
Lafayette8550140
Hancock7732127
Washington7438158
Oktibbeha7146131
Monroe6777177
Warren6694176
Pontotoc6664102
Neshoba6637206
Panola6531131
Marshall6467134
Bolivar6317148
Union602894
Pike5820152
Alcorn5669101
Lincoln5436135
George496879
Scott472898
Tippah469281
Prentiss467281
Leflore4658144
Itawamba4636105
Tate4588111
Adams4587119
Copiah448592
Simpson4446116
Yazoo444187
Wayne439772
Covington428894
Sunflower4239105
Marion4226108
Coahoma4160105
Leake408288
Newton381779
Grenada3707108
Stone360364
Tishomingo359792
Attala331589
Jasper329965
Winston314291
Clay308076
Chickasaw300367
Clarke292494
Calhoun279446
Holmes267987
Smith264050
Yalobusha234047
Tallahatchie228051
Greene219348
Walthall218763
Lawrence212940
Perry205556
Amite205156
Webster202946
Noxubee186740
Montgomery179656
Jefferson Davis171743
Carroll169138
Tunica159839
Benton148838
Kemper141941
Choctaw133426
Claiborne132737
Humphreys129538
Franklin120228
Quitman106428
Wilkinson105139
Jefferson94534
Sharkey64120
Issaquena1937
Unassigned00

Alabama Coronavirus Cases

Cases: 819597

Reported Deaths: 15406
CountyCasesDeaths
Jefferson1147901924
Mobile725791338
Madison52306697
Shelby37597350
Baldwin37245552
Tuscaloosa35101612
Montgomery34106740
Lee23526246
Calhoun22225488
Morgan20941378
Etowah19825500
Marshall18361304
Houston17384412
St. Clair16054339
Cullman15443293
Limestone15343199
Elmore15241286
Lauderdale14302295
Talladega13836283
DeKalb12649261
Walker11202370
Blount10192176
Autauga10043148
Jackson9871184
Coffee9210191
Dale8897185
Colbert8860201
Tallapoosa7084198
Escambia6772134
Covington6712183
Chilton6641162
Russell636659
Franklin5959105
Chambers5607142
Marion5005127
Dallas4973200
Pike4795106
Clarke475584
Geneva4571127
Winston4516103
Lawrence4321117
Bibb425186
Barbour357776
Marengo338090
Monroe331464
Randolph329764
Butler326396
Pickens316284
Henry312666
Hale311388
Cherokee302860
Fayette292880
Washington251551
Cleburne247760
Crenshaw245275
Clay243368
Macon234663
Lamar224147
Conecuh186153
Coosa180240
Lowndes175164
Wilcox168839
Bullock151644
Perry138840
Sumter133038
Greene126744
Choctaw88527
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Clear cool and dry to begin your weekend, but both afternoons should be a little bit above what we expect for this time of year temperature wise. Rain chances begin to return late Sunday night, with at least two chances for storms over the next week, summer could be strong.
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