Federal Court Strikes Down Mississippi Constitutional Provision With Racist History Keeping 11% of Its Population from Voting

The American Democracy Minute Radio Report & Podcast for Aug. 14, 2023



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Mississippi has the highest percentage of voting-age citizens who are not able to vote due to past felony convictions.  In early August, a federal court struck down the responsible Jim Crow provision in Mississippi’s constitution, citing “cruel and unusual punishment.” 

While several states have restored voting rights to felons in recent years, Mississippi clung to its lifetime ban for felons convicted of perjury, forgery, embezzlement, bigamy, bribery, theft, arson, or obtaining money or goods under false pretense.  It later removed burglary and added rape & murder to that list.  

Democracy Docket reports that unlike states restoring rights upon completion of sentence and/or parole, the only way for Mississippians to have their rights restored was a two-thirds vote by both houses of the legislature, and a sign off by the governor.  That happened only 18 times between 2013 and 2018.   In 2020, 11% of all Mississippians, and 16% of Black Mississippians, could not vote.

On August 4th, the 5th Circuit Court of Appeals struck down Section 241 of the state constitution, but denied the plaintiff’s additional claim under the equal protection clause of the 14th Amendment. 

August 17th the State of Mississippi filed for a rehearing, but at the moment, as many as 235,000 returning felons stand to have their voting rights restored. 

We have links to the case and the racist history behind it at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:
Center for Public Integrity – (2022) More than 15% of Black Mississippi residents permanently barred from voting
Democracy Docket – Mississippi Felony Disenfranchisement Challenge (Hopkins)

Mississippi Today – (2020) Study: 11% of all Mississippians, 16% of Black Mississippians can’t vote because of felony convictions
Advancement Project – (2021) Our Voices, Our Votes: Felony Disenfranchisement and Re-entry in Mississippi
Mississippi Today – 5th Circuit panel strikes down Mississippi’s lifetime felony voting ban
The Marshall Project – Voting Rights for Felons

Groups Taking Action:
The Sentencing Project, Mississippi VotesACLU Mississippi


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