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Eric J. Shelton/Mississippi Today

Sen. David Blount listens to Lt. Gov. Delbert Hosemann during legislative session at the Capitol in May.

Mississippi will continue to be the only state in the nation to require both the absentee ballot and the request of the absentee ballot to be notarized under compromise legislation that is expected to be voted on in the coming days.

Legislators have been working on proposals they say are designed to make it safer and easier to vote this November in light of COVID-19 concerns. But in the compromise proposal hammered out between House and Senate leaders, Mississippians would still be required to get both documents notarized when voting absentee.

“We have the most restrictive, onerous, difficult vote-by-mail laws in the nation,” said Sen. David Blount of Jackson, the only Democrat assigned by leaders to work on the compromise legislation and not pleased with the final outcome. “We needed to change the laws before the coronavirus. We certainly need to change them now.”

Republicans have been reluctant to ease the state’s absentee voting laws because they say they are concerned about fraud occurring in the mail-in voting process.

Most states have changed their early voting laws for upcoming elections to make it easier to vote if the coronavirus is an issue in November.

House Elections Chair Jim Beckett, R-Bruce, said the final compromise hammered out, and most likely to be voted on by the full Legislature in the coming days, will put in place safeguards. In addition legislators are looking to provide more funds to local governments for elections.

The House on Friday passed a bill to spend $16.5 million in federal CARES Act money in an effort to make Mississippi elections safer during the coronavirus pandemic.

The bulk of the spending, about $15 million, would go to purchase optical ballot scanner machines.

“These machines are for the purpose of reducing our human contact during elections,” said Beckett, author of House Bill 1789. “Some counties already have this equipment.” But he said about 68 of the state’s 82 counties do not have the scanners.

The “optical mark reading” machines would be easier to clean and sanitize than the “direct recording electronic” machines many counties use.

Other spending in the bill would go to hire more than 2,000 additional poll workers, at $125 a day, to help at polling precincts with cleaning, promoting social distancing and other duties.

The measure would also provide $665,000 to county circuit clerks to hire additional deputy clerks temporarily to help with an expected increase in absentee voting and other work.

About $20,500 would go to pay election commissioners an extra $50 for Election Day “for pandemic pay due to the increased risk of exposure to COVID-19.”

Rep. Omeria Scott, D-Laurel, questioned whether the bill would provide enough money for counties to open more precincts and hire enough people to make elections safe amid the pandemic.

Beckett said the bill was drafted after consultation with the secretary of state’s office – which had in turn consulted county leaders. He said the secretary of state has also received more than $4 million in federal money to help with election costs and that other legislation would allow counties to hire more election workers with local tax dollars.

Other election changes that are likely to be voted on in the coming days would give people who do vote by mail more time to get their ballots returned to the local circuit clerk’s office. The proposal also would allow people who are ill because of COVID-19 or in quarantine to vote by mail or in person.

In addition, Secretary of State Michael Watson, whose office oversees elections, said earlier he believes existing law would allow the circuit clerks to let people vote early if they had coronavirus concerns, such as a pre-existing condition. Many Democrats, though, said that would not be enough of an allowance since the early voting exception could be interpreted differently from county to county.

“The state of Mississippi is making no provisions for voting during the coronavirus pandemic,” Blount said. “That is a mistake. That puts Mississippians at risk.”

Unlike Mississippi, a vast majority of states already allow no excuse early voting.

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As legislators consider changing the state flag, Mississippi Today spoke with Robert James, president of the Mississippi State Conference of the NAACP about his thoughts on elected officials’ role in removing it.

Lawmakers are expected to begin the process of changing the state flag, which features the Confederate battle emblem, as early as Saturday as the Legislature moves toward the end of its 2020 session.

This interview has been edited for clarity and length.

Mississippi NAACP

Robert James, president of the Mississippi State Conference NAACP

Q: What do you think about the state flag?

James: If Mississippi is going to be a state that unifies all of its citizens, we must take a stand to eliminate this bitter hatred and get rid of this flag. And (if) there ever was a time for our officials to stand against this flag that’s been detrimental to our community, now is the time. Our legislators have the power, they have the collective voice of the people to act at this moment, and it’s their moment and their time to remove this Confederate monument from this state.

Do you think the flag right now represents Mississippi?

James: The flag right now represents seceding from the Union. It represents prejudice. It represents our past and history that does not and will not unify the citizens as one group of people. If we are living in a state that will continue to carry on the legacy of hate, racism, that flag does not represent us, the citizens of Mississippi. It never did unify us as citizens of the state of Mississippi. My thought is, it is the continuing cry for the lost cause of the Confederacy. That’s why it hasn’t been removed.

I just call on the legislators in the midst of this to do the right thing. It is a moment to act, it is a season to act, it is their season to vote and take down this symbol of hate in our state. Today is the day to move on that.

What is it about this moment? It seems like now is the first time in a long time lawmakers are having real conversations about changing the state flag.

James: The discussion has always been real when it comes to the African American stand on this Confederate emblem flag. There’s no issue on that. We’ve been fighting this and we will continue to fight this. (This flag) is not what Mississippi should be standing up for. Mississippi should be rallying its citizens. (This issue is) Not just about one side of people who are carrying the legacy of the lost cause of the Confederacy. Now is the time to move the state forward.

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Eric J. Shelton/Mississippi Today

As has always been custom, the Mississippi state flag over the House chamber is removed at the end of the day.

Lawmakers are expected to begin the process of changing the Mississippi state flag, which features the Confederate battle emblem, as early as Saturday as the Legislature moves toward the end of its 2020 session.

As of Friday at noon, the plan — which several sources reiterated was “extremely fluid” — is for the House of Representatives to begin the legislative process to remove or replace the flag on Saturday morning.

A resolution will be filed that would suspend the rules so that legislators could take up a bill to address the flag. This resolution is expected to be the most difficult part of the process because it requires approval of a two-thirds majority in each chamber (82 of 122 House members, 35 of 52 Senate members). And the resolution must be passed by both chambers before either chamber could actually begin the process of debating the actual bill.

If the two-thirds threshold to suspend the rules is met, a simple majority would be required to pass the actual bill (62 of 122 House members, 27 of 52 Senate members).

Sources close to House leadership say they have — for now — the two-thirds majority votes to suspend rules, but they stress the margin is very thin.

On the Senate side, reports are that the leadership is “close” — within one or two votes — to having a two-thirds vote to suspend rules. Lt. Gov. Delbert Hosemann said the plan is for the House to move first.

“We have nothing to discuss on the Senate side, as you know … unless the House adopts their resolution,” Hosemann said on Thursday afternoon as he walked to a meeting with House Speaker Philip Gunn.

But as of noon on Friday, there is no consensus between House and Senate leadership over how, exactly, they will press forward with the actual bill itself. Many, including former Gov. Phil Bryant and U.S. Sen. Roger Wicker, have expressed support for a flag displaying the state seal, which includes the phrase “In God We Trust.” The influential Mississippi Economic Council, the state’s chamber of commerce, appeared to back that design with its release of a poll this week.

Legislative leaders have also discussed removing the current flag this session and forming a commission to develop multiple replacement designs to be placed on a ballot for a vote.

Gunn and Hosemann, as pressure mounts from religious, business, civic, university, sports and other leaders to remove the Confederate emblem from the flag, have attempted to whip a reluctant GOP majority in the Legislature into changing the flag.

Many Republican lawmakers have for years opposed changing the flag, particularly without a popular vote on the issue. Some who want the Legislature to change it fear a backlash from constituents.

And  Republican Gov. Tate Reeves – the de facto head of the state GOP – opposes the Legislature changing the flag.

But that sentiment appears to be changing among some lawmakers.

Rep. Karl Oliver, R-Winona, in a 2017 social media post said that those who support the removal of Confederate monuments should be “lynched.” In recent weeks, he declined to comment on the flag issue.

But on Thursday, Oliver issued a statement that said: “I am choosing to attempt to unite our state and ask each of you to join me in supporting a flag that creates unity — now is the time.” Oliver’s statement said the flag issue is growing “more divisive by the day” and “History will record the position I chose.”

A growing list of businesses, cities, counties and other groups have either stopped flying the flag or asked leaders to change it. Religious leaders have spoken out, saying changing the flag is a “moral issue.”  The NCAA, SEC, and Conference USA this month took action to ban post-season play in the state until the flag is changed.

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Eric J. Shelton/Mississippi Today

The Mississippi state flag flies in downtown Jackson on Thursday, June 25, 2020.

Legislative leaders opted on Thursday to delay a vote to change the state flag, which contains the Confederate battle emblem, but told lawmakers they would continue working through the weekend, which is longer than initially anticipated.

Early this week, lawmakers indicated they planned to adjourn the regular session on Friday, making the issue of the state flag more urgent. But they now plan to meet longer, most likely through the weekend and into next week.

The delay again leaves no answer to the question on everyone’s mind: “When, if at all, will legislators vote to change the state flag?”

Speaker Philip Gunn in the House and Lt. Gov. Delbert Hosemann in the Senate can bring up a bill to change the state flag at their discretion.

Various sources have confirmed to Mississippi Today that both sides are close to having the necessary votes — within “one or two votes” in both chambers, some said, and others indicated leaders had enough votes in the House — though it’s a fluid situation.

On Thursday afternoon, as Hosemann was walking into Gunn’s office to meet about changing the flag, a reporter asked about an assertion made by Sen. Chris McDaniel, R-Ellisville, that there were at least 20 senators who would definitely not vote to change the flag was correct.

Twenty senators voting against changing the flag would kill the effort.

“Sen. McDaniel has been here longer than I have. He certainly would be a knowledgeable source, but not necessarily accurate,” Hosemann said.

Lawmakers technically have until July 12, according to legislative rules, to take up the issue of the state flag. If they adjourn the session before that, they cannot come back this year for a state flag vote. Additionally, when they adjourn for the year, the only reason they can come back to Jackson — unless called into special session by Gov. Tate Reeves — is to take up COVID-19 issues.

A two-thirds vote of both chambers (82 of 122 House members, 35 of 52 Senate members) is required to suspend the rules to even consider a bill that would change the flag. If the rules are suspended, a simple majority vote of each chamber (62 of 122 House members, 27 of 52 Senate members) is needed to change the flag.

Legislators could come back in the 2021 session and pass a proposal under the normal process to change the state flag with simple majority votes of both of chambers.

While the flag continues to garner much of the attention, legislators continue to work on completing a state budget and on spending about $900 million in federal funds on coronavirus-related expenses, including funds to improve internet access to rural areas.

Other major bills still being considered deal with enacting criminal justice reform, possibly making it easier to vote early in November, removing a provision from the Constitution giving the House the authority to elect statewide officeholders in certain circumstances, and providing a higher level of protection for businesses and health care providers from coronavirus-related lawsuits.

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