Mississippi’s election for a state Supreme Court justice is too close to call

A by-election for the state Supreme Court in Mississippi is too close to be called between Sen. Jenifer Branning and Presiding Justice Jim Kitchens as of Wednesday morning.

Although Mississippi judges run without party labels, Branning received the Republican Party’s endorsement, while Kitchens had several Democratic Party donors but no party endorsement.

Branning, who has been a member of parliament since 2016, led Kitchens by 2,678 votes out of 120,610 votes counted as of Wednesday morning. Kitchens is seeking a third term and is the most senior of the court’s two judges, making him next in line to the bench. His lead was just 518 at midnight on Wednesday.

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By midnight Wednesday, the Associated Press estimated that more than 11,000 votes had yet to be counted. In the November 5 election, 7% of votes were counted after election night.

Branning was leading in the first round of voting with 42% to Kitchens’ 36%. Three other candidates split the rest.

The winner will likely be decided by absentee ballots allowed to be counted for five days following the Mississippi election, as well as affidavit votes, according to the Clarion Ledger.

Voter turnout typically drops between the general election and the runoff, and campaigns said turnout was especially challenging in the two days before Thanksgiving. The Magnolia State voted overwhelmingly for President-elect Donald Trump, who received 61.6% of the vote compared to Vice President Harris’ 37.3%.

Branning and Kitchens face each other in District 1, also known as the Central District, which stretches from the Delta region through Jackson County to the Alabama border.

Mississippi Supreme Court justices including Justice Jim Kitchens, seated right, fourth from top, hear arguments on July 6, 2023 in Jackson, Mississippi. (Photo/Rogelio V. Solis)

Branning calls himself a “constitutionalist” and says he opposes “libertarian, activist judges” and the “extreme left.” The Mississippi GOP said he was “conservative,” and that’s why they endorsed him.

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He has never held judicial office before but served as a special prosecutor in Neshoba County and as a staff attorney in the Mississippi Secretary of State’s Business and Legal Services Division, according to the Clarion Ledger.

Branning voted against changing the state flag to remove the Confederate battle symbol and supported mandatory and minimum sentences for crimes, according to Mississippi Today.

Kitchens has been a lawyer for 41 years and has been on the Mississippi Supreme Court since 2008, and before that, he also served as a district attorney, according to the outlet.

Magnolia County voted overwhelmingly for President-elect Donald Trump, who received 61.6% of the vote compared to Vice President Kamala Harris’ 37.3%. (Getty Images)

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He is endorsed by the Southern Poverty Law Center’s Action Fund, which calls itself “an advocate for racial justice in the South and beyond.” Rep. Bennie Thompson, D-Miss., also supported the kitchens.

In September, Kitchens confronted a man on death row for murder when a key witness recanted his testimony. In 2018, Kitchens contested two death row cases involving the use of the drug midazolam in federal executions.

Elsewhere, in another district runoff election, Amy St. Pe’ won an open seat on the Mississippi Court of Appeals. He will replace Justice Joel Smith, who did not seek re-election to the 10-member Court of Appeals. The region is located in the southeast corner of the country, including the Gulf Coast.

The Associated Press contributed to this report.