/Lawsuit targets Jim Crow-era provision in state Constitution that governs how statewide officeholders are chosen

Lawsuit targets Jim Crow-era provision in state Constitution that governs how statewide officeholders are chosen

Four African American voters registered in Mississippi filed a lawsuit Thursday asking a federal judge for an injunction to stop a provision in the state Constitution that required a candidate to be elected as a statewide officer to receive a majority vote, and win the most votes in the majority of the 122 House district. The U.S. Constitution, and the Voting Rights Act are alleged to be infringed by the provision. According to the federal lawsuit, the provision “violates the one person, one vote principles by discarding all votes in each legislative district for candidates failing to achieve a majority in that district.” It also “ensures that even if African-American preferred candidates win enough support to win a plurality, they are unlikely be elected.” This provision was included in the 1890s Constitution to stop black Mississippians from winning statewide office. According to the lawsuit, a volume of Mississippi Historical Society states that the Constitution was written in 1890 so that the white minority could control the House of Representatives. This was “the legal foundation and bulwark of white supremacy in a state where an overwhelming and growing number of negros” and other Southern states such as Georgia had similar electoral provisions. Former U.S. Attorney general Eric H. Holder, Jr., is the chair of the National Democratic Redistricting Committee, and said that African Americans in Mississippi have been forced into voting in an electoral system designed to reduce their voting power for more than 100 years. “Mississippi has a long and complicated history of racial disparity. Politicians who exploit racial divides only perpetuate this broken system, in which African-American interests remain woefully underrepresented within the state government.” This lawsuit is designed to equalize the playing field to ensure that African American voters can exercise their right of choosing the candidate to lead Mississippi. The Mississippi provision was last in use in 1993, when it was used in three consecutive elections. Although Republican Mike Parker lost in 1999’s popular vote, he refused to concede to Ronnie Musgrove for the governor’s race. Musgrove won a majority of votes, and both candidates won most votes in the 61 House districts. By a vote of 86 to 36 the Democratic-controlled House elected fellow Democrat Musgrove. Many argued that it was only fair that the person with the highest number of votes should be elected Governor. The 1991 race for lieutenant Governor was void of majorities. However, incumbent Democrat Brad Dye wrote to the House a letter recognizing the Republican Eddie Briggs as the top vote-getter. Briggs then sent a letter in 1995 to the House confirming Musgrove’s victory, although he did not win the majority of House districts. Many believe this year’s gubernatorial elections could be the most competitive since 2003. This letter could be sent to the House. Mississippi’s Attorney General Jim Hood and Republican Lt. Governor are the only elected Democrats in Mississippi. The favorites to win the nomination for their respective parties are Tate Reeves and Attorney General Jim Hood. Hood, or at least his attorneys, could be placed in the position to defend the constitutional provisions and oppose the lawsuit. This could even be beneficial if the election is thrown into a state House that is likely to be controlled primarily by Republicans. There have been several attempts to remove the constitutional provisions in recent years. However, they have never made it through the legislative process. The lawsuit was filed by the Mississippi Center for Justice and the National Redistricting Foundation as an affiliate of National Democratic Redistricting Committee. It represented Leslie-Burl McLemore, Charles Holmes of Jackson. Jimmy Robinson Sr. of Jackson. Roderick Woullard from Hattiesburg.