In Legal Terms

For the third year: What do you wish for? Legally speaking? Does Mississippi or our country have laws you wish were repealed? If you could make the laws what would you wish for?

If you’d like to better know the rights you have, you can read The Constitution of the State of Mississippi adopted November 1st 1890 annotated, updated May 2022. It’s on the Secretary of State’s website. https://www.sos.ms.gov/content/documents/ed_pubs/pubs/Mississippi_Constitution.pdf

Want to search and learn about a specific law? The Secretary of State’s searchable Unannotated Mississippi Code is a link to information provided by LexisNexis Publishing, the official publisher of the Mississippi Code. https://www.sos.ms.gov/communications-publications/mississippi-law

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Our guest Professor Robert Duran from the University of Mississippi School of Law. https://law.olemiss.edu/faculty-directory/robert-duran/

Who needs to file an informational return? https://www.irs.gov/businesses/small-businesses-self-employed/a-guide-to-information-returns

If you want the definitive information concerning federal income taxes – https://www.irs.gov/ is your website. You can get answers to your tax questions, check your federal tax withholding, or make a payment.

• Where do your income tax dollars go? Defense, Health and Human Services, Social Security, and to pay down debt. https://home.treasury.gov/system/files/136/Outlays-by-Agency-2023.pdf
• Our government collects money from Individuals’ and corporate income, social insurance, and Customs Duties. https://home.treasury.gov/system/files/136/Receipts-by-Source-2023.pdf

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If you could bet online or from your phone – which is against the law now in Mississippi – what would you gain? What could be the detriment? That’s what our legislature is considering now and we have a member of their taskforce on the show today – Professor Ron Rychlak. https://law.olemiss.edu/faculty-directory/ronald-j-rychlak/

https://www.betmississippi.com/

https://www.msgamingcommission.com/

Is internet gambling legal? No. Internet gambling is illegal under state law. Online sites may advertise they are “legal” and “licensed” forms of gaming. They may be legal or licensed where the bets are received, but it is illegal to place bets from Mississippi with these businesses.

Do you know what all sports you can bet on? Some are:

• In Yacht Racing, the International Sailing Federation sanctioned events
• The Olympics - Approved List to be sent from MS Gaming Commission
• Japan Nippon Professional Baseball and Korean Baseball League

https://www.msgamingcommission.com/images/uploads/MGC_Approved_Sports_Wagering_Catalog.pdf

The MS Gaming Commission has a form:

 “REQUEST TO OFFER WAGERS ON EVENT OTHER THAN A HORSE RACE, GREYHOUND RACE, OR ATHLETIC SPORTING EVENT “

What would you like to bet on? I wonder what has been approved and what’s been disallowed!

https://www.msgamingcommission.com/images/uploads/Request_to_Offer_Wagers.pdf

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Thanksgiving is this week. Traditionally, we remember immigrants who came to this land and we celebrate their joining with the native population to give thanks. Is that a true depiction of what happened? Does that happen now? We’re talking about immigration and immigrants in our area. https://law.uark.edu/service-outreach/clinics/index/uid/am242/name/Amelia+McGowan/

Past podcasts:

• Immigration Law : May 23, 2017 Attorney Lee Russell discussed Immigration Law, the role of ICE, and visa overstays. http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257674
• Immigration: October 1, 2019 Guest: Patricia Ice, Legal Project Director at Mississippi Immigrants Rights Alliance spoke about the work of MIRA and the ramifications to families from the August 2019 immigration raids in Mississippi https://yourmira.org/ http://inlegalterms.mpbonline.org/episodes/in-legal-terms-immigration

If you want to read what the Immigration and Customs Enforcement has to say about the 2019 searches: https://www.ice.gov/news/releases/ice-executes-federal-search-warrants-multiple-mississippi-locations

Even though ACLU is the “American” Civil Liberties Union, their website says: Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them if stopped by law enforcement. Their website has information in English and a pdf you can download for Spanish speakers. https://www.aclu-ms.org/en/know-your-rights/immigrant-rights

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We just finished Mississippi House and Senate Elections. Have you ever thought about running, yourself? We’ll learn what’s involved from a newly elected house member: Representative Justis Gibbs from District 72. http://www.gibbstravis.com/our-team/justis-r.-gibbs-ii

If you’re interested, to be a Mississippi state senator you must be:

•  A qualified elector of the state four years
• At least 25 years old
• An actual resident of the district or territory represented for two years before the election.

To be elected a Mississippi state representative you must be:

• A qualified elector and resident citizen of the state four years
• At least 21 years old
• A resident of the district represented for two years before the election

That information and the requirements for other elected offices can be found on the Secretary of State’s website.

https://www.sos.ms.gov/elections-voting/candidate-qualifying-forms

Mississippi has two main political parties.

If you’re interested in running for public office as a member of the Republican party, you’ll need to learn about them. You can do that at their website: https://www.msgop.org According to their website you can learn about the party and platform, shop their store for merch, and view the event calendar.

If you are interested in running for public office as a member or the Democratic Party of the State of Mississippi, their website is : https://www.mississippidemocrats.org/ There you can learn about getting involved and voting, contacting party officials, and they too have a merchandise store.

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Our guest expert to talk about Gifts is attorney, Richard Courtney https://elderlawms.com/. We've enjoyed having him on our show many times.http://inlegalterms.mpbonline.org/episodes/in-legal-terms-guest-richard-courtney

It’s election day but that’s not our topic today. But I did want you to know that you can call the Secretary of State’s Election Hotline if you have troubles. That number is 1-800-829-6786.

You may use an expired photo ID as long as it is an acceptable form of photo ID and is not more than 10 years old. The expired ID must contain the name and photograph of the voter, and have been validly issued by the federal or a state government. You can also use the Digital ID provided by the Mississippi Department of Public Safety. https://www.sos.ms.gov/voter-id/acceptable https://www.sos.ms.gov/sites/default/files/voter_id/expired_form.pdf

• Voters whose names do not appear on the poll book or who do not have an acceptable form of photo ID are entitled to vote by affidavit ballot.
• Voters who cast an affidavit ballot are entitled to receive written information at the time of voting on how to determine if the vote was counted and, if not, why no.
• Voters who require assistance in marking the ballot because of disability, blindness, or an inability to read or write are entitled to receive assistance from a person of the voter’s choice . . .

https://www.sos.ms.gov/content/documents/elections/Mississippi%20Voter%20Information%20Guide%202022.pdf

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What a special show we’ve got today! As it’s Halloween, we’ll discuss some law cases with ghosts and spirits.

One Voice, the Mississippi NAACP, and other voter rights organizations crunched the numbers and found in Lowndes, Oktibbeha, Hinds, Franklin, and Jasper counties, over 50,000 people were purged from their lists of registered voters. Were they ghosts?!!!!?

“A bill that was passed last year encouraged circuit clerks and election commissioners to engage in more purging than they have usually been doing. And so that process may have led to some mistakes.” To see if you’re still thought to be in the land of the living and voting for next Tuesday’s elections – Anyone who goes to the Secretary of State’s Y’all Vote website can check their own voter registration. https://sos.ms.gov/yall-vote

Don’t get “tricked” when you go to the polls next Tuesday, November 7th 2023. Mississippians can go to the Secretary of State’s Y’all Vote website and get a sample ballot that just for their own precinct.

Mama always said “don’t take candy from strangers” and “don’t get into a car with a stranger” but if you need a ride to the polls next Tuesday, November 7th 2023 the MS Secretary of State’s office can hook you up with a legitimate ride.

Just call their FREE Voter ID hotline at 1-844-MSVOTER (1-844-678-6837) and tell them where you live. You’ll get the names of local transportation providers to contact to make travel arrangements to fit your needs. A transportation provider will pick you up, take you to the Circuit Clerk's Office and bring you home. There is NO charge to you for the ride. It is EASY and FREE. That FREE Voter ID hotline is 1-844-MSVOTER

Stambovsky v. Atley

Hermameyer and Burchill

McClary v. Stull

Greenbriar Ghost

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Everyone loves a puppy! We’ll learn about your rights with a service animal with guest Robert Schwinn the National Legal Administrator at Canine Companions  and disability attorney Rick Courtney whose daughter has a service animal. 

Canine companions website: https://canine.org/

From their website anyone can pre-order their 2024 puppy calendar, sponsor a puppy, or learn how to donate or volunteer.

National Headquarters:

1-866-CCI-DOGS (224-3647)

P.O. Box 446

Santa Rosa, CA 95402-0446

If you’d like to read up on Mississippi law, check out

2013 Mississippi Code

Title 43 - PUBLIC WELFARE

Chapter 6 - RIGHTS AND LIABILITIES OF INDIVIDUALS WITH DISABILITIES

Article 5 - MISSISSIPPI SUPPORT ANIMAL ACT

§ 43-6-155 - Support animals' access to public places; limitations

https://law.justia.com/codes/mississippi/2013/title-43/chapter-6/article-5/section-43-6-155

It’s always best to go to the official source for information. https://www.ada.gov/resources/service-animals-2010-requirements/

US Department of Justice, Civil Rights Division: ADA requirements: service animals page where you can learn how “service animals are defined, where they are allowed, and how they must behave. According to their website:

Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform.

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The Mississippi Center for Justice opened its doors in 2003 – 20 years ago- with a simple mission: dismantling the policies that keep Mississippi at the bottom of nearly every indicator of human well-being and deny African-American and lower-income Mississippians the opportunity to advance themselves.

Our guest is their CEO Vangela Wade. https://mscenterforjustice.org/mcj_team/vangela-m-wade/

If you’re interested in supporting the work of the Mississippi Center for Justice or you want to honor their CHAMPIONS of JUSTICE you can do that at their website: https://mscenterforjustice.org/champions-of-justice/

That event is October 26, 2023. The Reception begins at 6:00 p.m. The Anniversary Program and Awards Presentation starts at 7:00 p.m. This is at The Westin Jackson

The 2023 Great Mississippi Road Trip! October 27-29, 2023

An immersive journey through Mississippi, where civil rights legends took a stand and history was made.

https://mscenterforjustice.networkforgood.com/events/59724-great-mississippi-road-trip

The MS Center for Justice works in the areas of expungement, foreclosure prevention, justice court, to reform predatory lending, access to broadband. They also have resources for consumers – for example when they’re dealing with debt collectors. They also have guidance for legal observers at demonstrations or events.

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If you’re listening to our show while driving, be careful! We don’t want you to get into a wreck. But if you do have a fender bender, this show will prepare you for what to do. Our guest is attorney Baskin Jones and we’re talking vehicle accidents today.

Mississippi doesn’t have online voter registration. We do have online voter registration applications. So if you’re not registered to vote, go online and print out the application. Grab a forever stamp because today is the Deadline for mailed voter registration applications: All mailed voter registration applications must be postmarked by today – October 10th.. https://www.sos.ms.gov/content/documents/Elections/2023%20Elections%20Calendar%20Final.pdf

If you are registered to vote but you have moved, like a certain new to MPB producer Abram, please make sure you have updated your voter registration online with your new address. https://www.msegov.com/sos/voter_registration/home/Search

If you’re not sure if you’re registered, there’s a website to check for that too.

All these links are at the Mississippi secretary of state’s website: sos.ms.gov

Our Mississippi Insurance Department has an auto accident checklist you could print off and keep in your car and also some words of wisdom about being prepared, what to do after an accident, and filing the claim with insurance. Jones Law Firm also has information on their social media:

https://www.mid.ms.gov/consumers/auto-accident-checklist.aspx

https://www.insureuonline.org/auto_accident_checklist.pdf

https://www.facebook.com/profile.php?id=100063626497327

Our Mississippi Insurance Department has a webpage with the legislation that has passed each year that deals with insurance.

https://www.mid.ms.gov/legal/legislation.aspx

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