Jackson Free Press

The evening news reported a victory. The cameras showed a smiling James Graves at Hal & Mal's, a doo-wop band singing and dancing behind him, as the victor of the Mississippi Supreme Court, Position 2 race. The incumbent had defeated opponents Samac Richardson, Ceola James and Bill Skinner. But as the hour neared midnight, more returns showed that Graves had not collected the 50 percent-plus-one-vote majority needed to call the election.

A run-off was set for Nov. 16 against competitor Samac Richardson, who took 31 percent of the vote to Graves' 48 percent—so far. As we go to press, Hinds and several other counties are still counting 11,490 paper ballots—if Graves gets about 7,900 more votes, he wins outright. If not, to the run-off.

"In many ways, a run-off is a completely different campaign. In the first race, we had four candidates. Now we only have two, so the dynamics shift considerably," David McCarty, Graves' deputy coordinator, explained. It is also conventional wisdom that it is harder to get African Americans to turn out for a run-off—that demographic is important to Graves' victory.

Though many people at Graves' victory party looked a little scared as they walked to their cars that night—what if Graves' supporters don't vote again, many asked—the Graves campaign feels confident that the people will again favor him.

"We feel like we're going to win on Nov. 16," Graves said. "I have the most experience. I have already served on the Supreme Court for three years. I have 10 years of experience as a trial judge. I have a record of being fair and impartial to doctors and patients, business and consumers, plaintiffs and defendants. I've been conscientious and hardworking, tough and fair."

Samac Richardson's campaign displays a similar optimism, though. Despite losing to Graves by over 58,000 votes, Richardson's people are hoping for a win. Richardson's campaign manager Kathy Henry said, "Our volunteers are reinvigorated and ready to put out signs, put together mail outs and make telephone calls."

Richardson—who ran a partisan and controversial "one of us" campaign, while Graves steered clear of ideological issues—has faith that he is the best candidate and believes his message will be conveyed even more strongly to voters within the two weeks between election and the run-off. "I believe it is essential for honor and integrity to be restored to the Supreme Court of Mississippi," he says. "If the judiciary is to serve the people, it must be above reproach. I am running because I believe I am the best candidate, not against the other candidate."

The distress precipitated by the lack of a clear victor has transmogrified into something new, though. Both camps are in overdrive, "pedaling fast," Henry said, to get their messages out.

"Two weeks is a very short time to launch a new campaign," Henry said, adding: "We plan to continue with our same message: 'A quiet man of faith who will restore honor and integrity to the court.' We plan to use television, radio and newspapers."

The public learned right before the election that Richardson's campaign had benefited from big out-of-state money—$300,000 that the American Tort Reform Association indirectly funneled through the Improve Mississippi Political Committee of the anti-plaintiff BIPEC, set up by industry to limit lawsuits and the amount of damages individuals can collect from offending companies and health practitioners.

Graves has accepted money from plaintiff attorneys (from inside the state), in addition to other donors. Graves, however, has not run a campaign outlining steps he would take against the business lobby as Richardson has done against "lawsuit abuse." Indeed, Graves' record shows a reasoned approach toward balancing the interests of business and citizens.

The incumbent's staff is rushing to re-invigorate his campaign. "We are going to ask people to do what has never happened before," McCarty says. "We want record numbers to turn out in this election. We're going to go door-to-door in every neighborhood and send letters to every household. We want to let people know that what's at stake here is not just another election but the fairness of our court system."

Graves said: "A number of people already recognize the importance of voting in a Supreme Court election. It's not over."

The run-off is from 7 a.m. to 7 p.m. on Tuesday, Nov. 16, at the same locations as on Nov. 2. The same rules apply.