Two measures have been filed with the Mississippi Supreme Court to potentially overturn the court's ruling on Initiative 65: a request to intervene and a request to rehear the case. Kelly Jacobs, Co-Chair of Mississippi Early Voting Initiative 78, says the court does not have the power to overturn votes and signatures previously confirmed by state officials. She hopes this will convince the court to overturn last month's decision.
“This is the fastest, in my opinion, and best way for Mississippians to retain everything that was outlined in Ballot Initiative 65 and to end the attack on our constitution,” says Jacobs.
Last week, Secretary of State Michael Watson announced that he would not be petitioning the state Supreme Court to rehear the case.
If advocates want to be successful in having the court overturn the previous ruling, the court must accept and approve both requests being made. The request to intervene would allow for a third party, not involved in the original case, to enter into the legal proceedings. Matthew Steffy, Professor of Law at Mississippi College, says if the court accepts the motion to intervene, they must then consider the motion to rehear the case.
Steffy says “Rehearing is not an opportunity to just reargue the case. It is reserved for a mistake of law or fact, something the court has in the words of the rule overlooked. Rehearings are frequently filed, and rarely granted. Even when they are [granted], they rarely change the outcome.”
Steffy says if the court does not accept the motions presented, the ruling will become final. Advocates describe the motions as a "Hail Marry" last option.
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