The Mississippi Supreme Court central district runoff between Justice Jim Kitchens and challenger state Sen. Jenifer Branning was too close to call late Tuesday night and could take days before a winner is named.
Kitchens, who has served on the state’s high court for two terms and would be next in line to become chief justice if re-elected, looked as if a defeat was in his future early on during Election Night. Down as much as 20 points before climbing back as the count continued, the incumbent received a massive bump just before 10 p.m. as a large chunk of Hinds County (home of Jackson) was reported.
With 91% of the total votes reported by the Associated Press at 11:25 p.m., Branning was leading by 518 votes, or 0.44 percentage points. It’s worth noting the AP estimated there were more than 11,000 votes still to be counted, signaling the race could transition into a battle of absentee and affidavit ballots.
State law allows for mail-in absentee ballots to be processed up to five days after the election if the ballot was postmarked by Election Day. Affidavit ballots are generally afforded to voters for a variety of reasons, including their name not showing up on the pollbook or lack of a valid form of identification. Steps must then be taken by all parties, in a timely manner, to see to the ballot counting or not. Absentee and affidavit ballots are not counted in the AP’s tabulation on Election Night.
Tuesday’s race and the incoming results cap a tumultuous battle between Kitchens and Branning. The general election included three other candidates, but as predicted by both camps, a runoff ensued after neither Kitchens nor Branning was able to surpass the 50% threshold.
Throughout the cycle, Kitchens, 81, has stood on a platform based on his track record through two terms on the Supreme Court. Other experience touted by the incumbent includes 40 years of private practice and nine years as a district attorney in Copiah, Lincoln, Pike, and Walthall counties.
“My platform is honesty, integrity, [and] dependability. I intend to continue doing just as I’ve been doing for almost 16 years on the Supreme Court,” Kitchens said before the general election. “I work hard. Nobody has ever said that I’m not doing a good job. Nobody has said that I’m not qualified. My experience, I know, is one of my greatest assets.”
Branning, 45, has used the campaign trail to categorize herself as a “constitutional conservative” and accuse Kitchens of being a “liberal judge,” raising questions about the nonpartisan status candidates are supposed to carry. However, the Republican senator who also has experience as a private attorney has promised to be an impartial judge if elected.
“People are getting on board with the concept of wanting a new generation of constitutional conservative leadership on the court,” Branning said. “Certainly, we tell people we feel like Mississippians need justices that are fair and impartial and will simply call balls and strikes on the bench. And that’s what I’m running to do.”
While those in central Mississippi wait to see who will represent the region on the high court’s bench, a runoff on the state’s second-highest court was settled rather quickly Tuesday night. Amy St. Pe’ defeated Jennifer Schloegel in convincing fashion to earn the seat representing a portion of southeastern Mississippi powered by the Gulf Coast region.
St. Pe’, a longtime Moss Point city attorney and Gautier municipal judge, saw the race called in her favor at 8:35 p.m. As of 9:36 p.m., she had garnered 6,924 more votes than her opponent with 97% of total votes counted to make for a 23.8-point winning margin.
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