Even if the state considered filing charges against Jackson Mayor Chokwe Antar Lumumba, who has been federally indicted for not submitting multiple campaign finance reports, it likely wouldn’t proceed due to the confusion surrounding Mississippi’s campaign finance laws.
The Attorney General’s Office, led by Lynn Fitch, recently informed the Clarion Ledger that the state’s campaign finance enforcement statutes are perplexing and challenging to comprehend and ultimately difficult to implement, as numerous state agencies are involved before any case can be reviewed by the AG. If a case is reviewed, the penalties are often minimal, according to AG Chief of Staff Michelle Williams.
“The current mechanism for imposing penalties for failing to file reports on time is ineffective,” Williams stated. “It involves cooperation from three agencies — potentially four for municipal elections — and the Attorney General’s Office is always the final step, only engaging after being notified by another agency. Moreover, the misdemeanor prosecutions and $500 civil penalties are insufficient to deter misconduct. The various grace periods permitted for resolving a late report can delay actions against a tardy candidate until after the election. General Fitch hopes that this year, the Legislature will consider the campaign finance reform bill she has advocated for over the last two years to patch the significant gaps in the system and to improve the enforcement of its provisions and enhance transparency.”
Though Mississippi’s campaign finance laws specify the penalties for office-holders or candidates who neglect to file their yearly campaign finance reports, they do not clarify which official or agency is responsible for holding politicians accountable for such failures. This raises the question: how can campaign finance laws be enforced in Mississippi if there’s no oversight to ensure compliance? It’s akin to having laws without a police force.
For Lumumba, he hadn’t filed any reports since 2021 until late January, when he submitted the reports for 2022, 2023, and 2024 in preparation for his re-election bid in 2025. Those in public office are obligated to file campaign finance reports annually.
Crisler indictment: Former interim Hinds County Sheriff Marshand Crisler has been sentenced to federal prison.
Lumumba’s failure to file reports for three years signifies a breach of state law. Nevertheless, he has not faced any investigation, punishment, or prosecution for these lapses. Furthermore, it appears that Lumumba’s unfiled reports only became a public concern following his federal indictment for bribery in November, where he stands accused of accepting $50,000 in bribes masked as “campaign contributions” from undercover FBI agents.
Since then, Lumumba has declined to respond to queries regarding his campaign finances or the reasons behind his missed reports, indicating that it pertains to his indictment “and I will not comment further.”
As per Mississippi law, there are two possible avenues for prosecuting campaign finance violations: either through a state district attorney’s office or through the Mississippi Ethics Commission, which then alerts the Mississippi Attorney General’s Office. Both methods are lengthy and complex processes that may take months — a concern that the Attorney General’s Office has stated needs rectification.
In Lumumba’s situation, the District Attorney who could potentially pursue campaign finance violations against him is Hinds County District Attorney Jody Owens — the same individual indicted alongside Lumumba, accused of aiding in facilitating bribes to the mayor and two additional members of the Jackson City Council. This presents a significant conflict of interest for Owens, and his office has not suggested they are pursuing any action in this regard.
Conflict Over Enforcement in Jackson, Mississippi
Recently, Mississippi Secretary of State Michael Watson remarked to the Clarion Ledger that his office has “limited capacity to impose civil fines for failing to file reports,” since the Secretary of State’s oversight “only covers state district and statewide candidates as well as PACs supporting those candidates.”
“We can’t impose fines on county or municipal candidates,” Watson asserted. “Measures available for municipal candidates, such as withholding pay or filing misdemeanor charges, must be executed at the city level or by the county prosecutor. Our office lacks enforcement authority over municipal candidates, but the entities that do have not taken action.”
Watson’s assertion is accurate, as withholding salaries is one potential penalty for office-holders, yet the statute doesn’t specify who would oversee this action. It’s uncertain if this responsibility lies with the Jackson City Council, which governs the city’s budget, or another city department. Regardless, all city department heads report directly to Lumumba.
Jackson bribery scandal: Evidence related to Jackson’s bribery scandal cannot be disclosed until after the trial, according to a judge.
After Watson’s comments, the Clarion Ledger inquired with Jackson’s Municipal Clerk Angela Harris about why Lumumba’s unfiled campaign finance reports over the last three years were never sent to the Secretary of State. Harris oversees the submission of all campaign finance reports in Jackson.
Jackson’s City Attorney Drew Martin replied in an email that no law requires Harris to inform the Secretary of State about candidates who have not filed their campaign finances, only that a municipal clerk “forwards copies of all received reports to the Secretary of State.” Elizabeth Johnson, the communications director for the Secretary of State, confirmed that Harris had previously submitted campaign finance reports for other candidates.
“There is no statute or regulation directing or empowering the municipal clerk to maintain a list of candidates who do not submit campaign finance forms, nor is there any statute or regulation instructing or empowering the municipal clerk to report candidates who fail to file these reports — neither to the Secretary of State nor to any other entity,” Martin explained.
Will Mississippi Lawmakers Address Campaign Finance Law Gaps?
For the past two years, both Watson and Fitch have been advocating for legislative action on campaign finance reforms that would strengthen enforcement for electoral violations. Unfortunately, bills introduced in 2024 to tackle these issues failed to advance due to legislative deadlines.
It is essential to recognize that every member of the Mississippi Legislature is mandated to file annual campaign finance reports, since they are elected representatives. Therefore, the proposed reforms essentially urge lawmakers to regulate their own conduct.
However, several reform bills were introduced this year and are currently navigating the legislative process. The outcome remains uncertain as the legislative session progresses in 2025.
Both the House and Senate have taken steps forward to address legislation focused on campaign finances and electoral processes at large.
