Jackson Jambalaya

Despite all the huffing and puffing after the media reported how candidates such as the Jackson Mayor abuse filing campaign finance reports with no accountability, the legislature killed all bills that would put some teeth into Mississippi's almost non-existent campaign finance laws for local candidates.  Supervisors and Mayors throughout the state can rejoice. 

Although usually a boring subject, campaign finance reports became a hot issue back in January when it became known Jackson Mayor Chokwe Antar Lumumba had not filed a campaign finance report since 2021 even though state law requires him to file one each year.  

The controversy highlighted how weak the law is for the enforcement of the campaign finance reporting.  The Clarion-Ledger-'s Charles Drape reported on February 17: 

Even if the state wanted to bring charges against federally indicted-Jackson Mayor Chokwe Antar Lumumba for failing to submit several campaign finance reports, it likely wouldn’t due to Mississippi’s confusing campaign finance laws.

The Attorney General's Office, headed by Lynn Fitch, recently told the Clarion Ledger the state’s campaign finance enforcement laws are confusing, difficult to understand and ultimately difficult to enforce because there are several state agencies involved before the AG can see a case. If that even happens, the punitive measures are minor at best, AG Chief of Staff Michelle Williams said.

"The current system for assessing penalties for failing to timely file reports is broken,” Williams said. “It requires work by three agencies — possibly four for a municipal election — and the Attorney General’s Office is in every instance the last step, requiring notification by another agency to trigger our part. In addition, the misdemeanor prosecution and $500 in civil penalties are too light to deter bad behavior. And the many grace periods allowed for curing a delinquent report can push action against a tardy candidate until after the election. General Fitch is hopeful that this year the Legislature will take up the campaign finance reform package she has put forward for the past two years to close the gaping holes in the system, streamline enforcement of its provisions, and improve transparency."

While Mississippi's campaign finance laws spell out punishments and penalties for office-holders or candidates who don't file annual campaign finance reports, the laws do not state what official or agency is in charge of holding politicians accountable for failure to file. It begs the question: how are campaign finance laws supposed to be enforced in Mississippi if no one is monitoring to ensure the laws are followed? It's like having laws, but no police force....

According to Mississippi law, two potential routes for prosecution for those who have committed campaign finance violations are through a state district attorney’s office or through the Mississippi Ethics Commission, which then notifies the Mississippi Attorney General's Office. Both are long, winding processes that could potentially take months — an issue the Attorney General's Office has said needs to be corrected.

In a recent statement to the Clarion Ledger, Mississippi Secretary of State Michael Watson said his office has “limited authority to impose civil penalties (fines) for failing to file reports,” because the secretary of state's offices' oversight “only extends to state district and statewide candidates and PACs supporting those candidates.”

“We cannot impose a fine on a county or municipal candidate,” Watson said. “Actions which can be taken regarding municipal candidates, such as withholding payment or charging with a misdemeanor, can only be made at the city level or by the county prosecutor, respectively. Our office does not have enforcement authority for municipal candidates, but those that do failed to act.”

Watson is correct that one penalty for office-holders is to withhold their salary, but the law does not spell out who would be in charge of doing that....

That being said, this year several reform bills were filed and are being worked through the legislative process. Whether they make it through and become law is still yet to be seen as lawmakers are still working their way through the 2025 session. 

The following bills reforming campaign finance reporting laws were filed in the 2025 session. 

HB #399 (Ladner: Required electronic CFR reporting for ALL candidates.)

HB #385 (Zuber: Required reports to appear on city/county websites.)

HB #386 (Zuber: Required city & county candidates to file reports with SOS.)

HB #1250 (Tullos: Bars SOS from accepting incomplete or illegible reports. create a searchable database for donors and other information in reports.) 

HB #1334 (Zuber: Strengthened reporting requirements for candidates at all levels.)

HB #1375 (Zuber: Candidates have to submit reports to clerks and SOS)

SB #2650 ( England: Directed SOS to create a report database searchable by variables such as donors, expenditures, and other information.  County/municipal candidates must file reports with their respective clerks who in turn must submit them to SOS.  The bill would take effect on July 1, 2026.). 

SB #2651 ( England: Increased penalties for violations. Required SOS to report violations to the Attorney General.  AG must determine if a  violation occurred within 30 days.) 

SB #2658 ( England: SOS can ask AG or DA to prosecute violations. SOS must create a searchable database online. If AG refuses to prosecute, SOS can refer case to DA. 

Unfortunately, the legislature killed all bills that might make local politicians more accountable to the people they supposedly serve. All bills except SB #2650 and SB #2651 died in committee.  SB #2651 died on the Senate calendar after passing out of committee.  The Senate passed SB #2650.  The House of Representatives double-referred the bill to the Apportionment & Elections and Accountability, Efficiency, & Transparency committees.  The bill passed the former but died in the latter committee.  

Thus all campaign finance report bills are dead.  Whether they are "dead, dead" or "dead, dead, dead" remains to be seen.  The Mississippi legislature apparently likes things just the way they are.  

Kingfish note: Weak campaign finance reporting laws, failure to pass an I & R bill for several straight years, moving back qualifying deadlines for elections, yup, our leaders sure are committed to good government, aren't they?  Isn't it funny how the states with the weakest laws on public accountability or corruption tend to be those the poorest or least economically developed?