A Leflore County woman says she did nothing wrong when she visited senior citizens with absentee ballots at assisted-living facilities to help them vote in the 2023 Democratic primaries.
But a judge convicted Bobbie Peoples under Mississippi’s ballot harvesting law, sentencing her last week to a six-month suspended sentence and a $2,718 fine.
Her attorney, Jeffery Harness, told the Mississippi Free Press on Dec. 9 that Peoples will appeal the decision, arguing that “the fix was in from the jump” following Peoples’ Nov. 6 trial in Leflore County Justice Court.
“They want to parade this misdemeanor—one misdemeanor ballot harvesting offense—as if people are doing it all over the country, all over the state, which is bullsh-t,” said Harness, a Democratic Mississippi House representative from Fayette.
Peoples was charged under a 2023 law that prohibits people from collecting and submitting an absentee ballot on behalf of another person, except for a family member, household member, caregiver, an election official or member of the U.S. Postal Service. Leflore County Justice Court Judge Jim Campbell issued Peoples’ sentence on Nov. 27, The Greenwood Commonwealth reported.
Disability Rights Groups Challenged the Law
Mississippi Republicans promoted the law as an anti-ballot harvesting measure. It said violators could be sentenced to up to a year in jail and up to a $3,000 fine. Gov. Tate Reeves signed the law and heralded it as upholding “the absolute integrity of our election process.”
But three plaintiffs backed by disability advocates challenged the law shortly after its passage. The group argued the law “significantly diminishes access to the ballot for Mississippians with disabilities.” Specifically, the challengers argued the law was too vague in its descriptions of exceptions for those who could deliver ballots for another person, including how to define “caregiver.” The lawsuit argued that the law curtailed voters’ ability to receive assistance in casting their ballots.
The plaintiffs received a reprieve from U.S. District Judge for the Southern District of Mississippi Henry T. Wingate, who agreed with the plaintiffs on the law’s vague definitions and placed a temporary injunction on the law. Legislators passed a fresh law in 2024, which allows a voter who needs assistance to choose someone to help them deliver their ballot.
While the injunction was active, Leflore County voters went to the polls in August 2023 for party primaries. The Democratic primary for chancery clerk resulted in an especially close finish, with incumbent Johnny Gary Jr. initially leading his opponent, Debra Tate Hibbler by a mere 15 votes after absentee ballots had been counted. Hibbler filed an election challenge, arguing the race had numerous irregularities. The Mississippi Supreme Court appointed Judge Jess Dickinson to hear the challenge, which was merged with a similar election challenge over the Leflore County District 4 supervisor race.
‘The Statute Was Not in Effect’
In February 2024, Dickinson ordered new elections for both positions and detailed the numerous instances of irregularities that were detailed during the trial. In his ruling, he accused Peoples of illegally transmitting ballots. Specifically, he cited testimony from Trinika Lawrence, who testified during the election challenge that Peoples and Greenwood City Councilwoman Dorothy Glenn (also known as Dorothy Nichols) falsely identified themselves as election workers, watched her complete her ballot and then left with it. The councilwoman has not been charged with any wrongdoing.
“Even though Nichols and Peoples left Lawrence’s apartment with her ballot and envelope, the Democratic Absentee Ballot Received Report offered into evidence by Petitioners reveals that Lawrence’s absentee ballot never reached the Circuit Clerk’s office,” Dickinson’s ruling said.
The judge also cited testimony from Teresa Smith, who testified that Peoples came to her assisted living facility and filled out an absentee ballot for Smith’s husband, Willie Smith, without his input. Teresa Smith said she objected, but Peoples left with her husband’s ballot.
“Similar to Lawrence’s experience, the Smiths received an unsolicited visit from Peoples at their apartment in a local assisted living facility. While Mrs. Smith was in the bathroom, Peoples sat down with Mr. Smith and began to complete his ballot for him,” the ruling said. “The Smiths each testified that Peoples selected the candidates she marked on Mr. Smith’s ballot; he did not select those candidates himself or tell Peoples which to select. When Mrs. Smith discovered what was occurring, she objected, and Peoples left with Mrs. Smith’s completed application, envelope and ballot. The Democratic Absentee Ballot Received Report offered into evidence by Petitioners reveals that Mr. Smith’s absentee ballot was cast in the primary.”
Dickinson’s order came in February 2024, but Peoples was not charged until August 2025, 18 months after he issued the ruling. Harness, who also represents District 85 in the Mississippi House of Representatives, argues that Peoples should never have been charged to begin with.
“For one, at the time she allegedly committed the offense, the statute was not in effect. We passed the ballot harvesting statute in the Legislature in 2023. Shortly after that, there was an injunction filed and the statute was not in effect,” Harness told the Mississippi Free Press. Another defense, Harness argues, is that the prosecution failed to prove Peoples delivered any ballots.
Harness called the ballot harvesting legislation “a racist law.”
“It’s designed to dilute the voters and suppress the vote,” he said.
The Democratic lawmaker did not vote for either the original law or its 2024 revision.
Peoples’ appeal will eventually be heard in Leflore County Court before Judge James Littleton.