JACKSON, Miss. — The 5th U.S. Circuit Court of Appeals on Wednesday overturned a ruling that would have forced Mississippians to register by political party and to show photo identification at the polls to be able to vote.
U.S. District Judge Allen Pepper in Mississippi ruled last year that the state should reregister all voters to allow people to declare themselves as Democrats, Republicans or members of another party. Or, Pepper said, people could register as unaffiliated with any party. Pepper said Mississippi must restructure its party primary system by Aug. 31, 2008.
Under current law, Mississippians do not declare a party affiliation when they register to vote.
Pepper had also ordered the state to enact a voter identification law in time for the 2009 elections.
The Mississippi Democratic Party, which brought the lawsuit in 2006 seeking to keep nonparty members from voting in its primaries, appealed Pepper’s ruling. Some black Democrats have complained that whites sympathetic to Republicans have been voting in the Democratic primaries.
Joining the Democrats in the appeal were the National Association for the Advancement of Colored People, the state and the Mississippi Republican Party.
Ellis Turnage of Cleveland, attorney for the Democratic Party, was out of his office and was not available for comment.
Brad White, executive director of the Mississippi GOP, said the decision puts everyone back to where they were before the Democrats’ lawsuit.
“We continue to say our primaries are open to all individuals who share our beliefs and support Republican candidates. We’re not about making it more difficult for people to vote in our primaries,” White said.
The New Orleans court said Pepper’s ruling spawned a free-for-all on appeal.
The court noted the Democratic Party had appealed the mandatory photo ID requirement. The GOP appealed on grounds that Pepper’s order brought Republicans into a lawsuit they did not support. And attorneys for the Mississippi NAACP opposed the voter ID and re-registration portions of Pepper’s order.
There also were briefs filed by the attorney general, the governor and the secretary of state.
“The state is divided ... We will put the parties out of their litigation misery,” wrote Chief Judge Edith H. Jones for the three-judge panel.
Mississippi NAACP president Derrick Johnson said he was pleased the voter ID provision was overturned.
“We see it as a victory for the state of Mississippi that the process worked where elected representatives for the House and Senate set policy for the state and not activist district court judges,” Johnson said.
The Mississippi Legislature is meeting in special session, and Republican Gov. Haley Barbour is asking them to enact voter ID. The proposal passed the Senate last week on a vote largely split along racial lines, but a House committee plans to ignore the issue and kill it.
“The governor remains committed to voter ID as the best means of ensuring fair and fraud-free elections,” Barbour spokesman Pete Smith said Wednesday, responding to the 5th Circuit ruling.
Attorney General Jim Hood applauded the decision.
“It is the state Legislature that has the authority to review and change, if necessary, our state’s primary laws,” Hood said in a statement. “It is up to our state Legislature to decide whether or not we require voter identification.”
Jones said if the Democratic Party had taken steps to keep non-Democrats out of its primaries and been stopped, then the party would have had grounds to sue.
“It is certainly conceivable, for instance, that the party’s mere public announcement of its intent to challenge suspected non-Democrat voters would discourage raiding attempts,” wrote Jones.
However, Jones said whether state law permits party raiding could only be determined if the Democrats tried to stop someone from voting in its primaries.
Jones said the “open-ended nature of the dispute” led Pepper to propose a political remedy.
“When MSDP actually decides to adopt a closed primary, and when the implementation of state law has a demonstrated impact on the conduct of primary elections, a justifiable case or controversy will exist,” the 5th Circuit said.
Wednesday’s ruling was issued by a panel of three 5th Circuit judges — Jones, W. Eugene Davis and Emilio M. Garza.
Local News
Fed appeals court nixes party registration, voter ID ruling
- Local News
-
-
MRI INSTALLED
This $1.2 million Magnetic Resonance Imaging equipment was installed at the new location of Highland Community Hospital.
-
Hall suspected of robbery after escaping
A man who escaped from jail after attending his father’s wake is suspected of having carried out an armed robbery on the Texas-Arkansas state line. Johnny Hall escaped from Mississippi Department of Corrections custody on Friday while attending his father’s wake in Picayune.
-
City Hall expansion groundbreaking held
A groundbreaking ceremony was held Tuesday at the construction site for the expansion of the historic Picayune City Hall. “You can see our future when you look down Goodyear Boulevard. You see Chimney Square, our high school, The Link at First Baptist Church, Jack Read Park and then our historic City Hall.
-
PRC athletic director says he’ll recommend random drug testing
Pearl River Central athletic director Andy Kivlan told the school board at its Monday night meeting that he will most likely recommend that students participating in extracurricular activities, including band and ROTC, be subject to random drug screening.
-
Supervisors adopt resolution encouraging more economic development in South Miss.
Following a short presentation by State Sen. Tony Smith (R-Picayune), the board of supervisors adopted on Monday a resolution encouraging state officials and agencies to exercise “fairness and parity” regarding location of new industries in Mississippi.
-
MDEQ wants comprehensive waste disposal plan from county
The Mississippi Department of Environmental Quality has told Pearl River County it wants a comprehensive waste disposal plan for the county. Supervisors indicated at their Monday meeting that they are not happy with the request.
-
Police: Powell planned deadly fire for some time
Josh Powell planned the deadly house fire that killed him and his young sons for some time, dropping toys at charities and sending final emails to multiple acquaintances before the blaze, authorities said Monday.
-
Bar fight ends in man being run over
A bar fight Friday morning resulted in one man being run over by the other with a pickup truck.
The fight was reported to Picayune Police officers Friday morning at about 1:44 at the American Legion Hall on Union School Road, said Capt. Chad Dorn. -
Arson suspected at possible murder site
Pearl River County Sheriff’s Department investigators suspect arson was involved in a structure fire that occurred at a home where James Raine was killed last year.
The home at 24 Emma Lane was the scene of what investigators believe was the murder of the 37-year-old Raine in October, 2011. -
Inmate escapes leaving father’s wake
Johnny Hall Jr., 30, escaped from Mississippi Department of Corrections custody Friday afternoon while attending his father’s wake in Picayune.
- More Local News Headlines
-
Man Killed in Courthouse Shootout
Video of Ga. Man Who Killed Girl Released
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
White House Attacks Romney on Birth Control
Homs Bombardment Continues, Global Outcry Grows
Mo. Teen Gets Life Sentence for Killing Girl, 9
Lower-hassle Screening to Be Tested at Airports
Raw Video: Dog Rescued From Icy Colo. Water
Helmet Camera Captures Calif. Fire Rescue
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes Minn., Mo., Colo.
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
