It is possible that Jim Hood, the November Democratic Attorney General, could win more than 50% of the votes in his campaign to become governor. He will still be back in Chickasaw County in January after he retires from public service. In an attempt to prevent that, four black Mississippi voters have filed a lawsuit in federal courts in the Southern District of Mississippi. They are Leslie-Burl McLemore of Lake Cormorant; Charles Holmes of Jackson; Jimmy Robinson Sr. of Jackson; and Roderick Woullard of Hattiesburg. The 1890 state Constitution, which could result in close statewide elections being decided by the House, is interpreted as a violation of the U.S. Constitution. It dilutes the black voter power. Mississippi Constitution demands that any general election in which no candidate receives more than a majority vote or wins the most votes from a majority of House districts be considered for the House. The House will choose the winner from the two highest vote-getters. Based on an explanation found in a volume of Mississippi Historical Society, the 1890s Constitution was designed to ensure that the white minority controlled Congress. It was also “the legal basis for the design of white supremacy” in a state where there was a growing negro majority. At the time, the majority of Mississippians were African Americans. The state’s constitutional language has not had an impact on Mississippi elections for the majority of its history. This is because the general elections are usually not close. The language was used in three consecutive elections in the 1990s. In two of these elections, the candidate with the second-highest number of votes chose not to seek victory in the House. However, the 1999 election saw Mike Parker, a Republican gubernatorial nominee, fail to win the House election, even though Ronnie Musgrove, Democrat, received the most votes. Hood, the most viable candidate for the Democratic governorship since 2003, is attracting renewed attention. Hood winning at least 50 percent of the vote is unlikely, but Hood could win the most House districts. However, this outcome is possible. Hood, who is leading in multiple polls could win but not the majority of House districts. These are gerrymandered to favor Republican candidate candidates. It should also be noted that all three Republican candidates for the governor are Republican – including Lt. Governor. Tate Reeves, Rankin County’s former Supreme Court Chief Justice Bill Waller Jr. of Jackson, and Robert Foster, DeSoto County state rep, have not said that they believe the candidate with the most votes should win. It appears they would be willing to take their chances with what most likely will be a Republican-controlled House. But the question is, will the Mississippi voters who brought the lawsuit win and the language be thrown out by a federal court before the election? The lawsuit names as defendants Delbert Hosemann, Secretary of State, and Philip Gunn (House Speaker). The lawsuit does not specify who will represent the state. A spokesperson for Hood said that Hood could be benefited if the lawsuit is won. “The office of Attorney general is not a defendant, and we haven’t yet made a decision as to whether or not the two defendants will retain their own outside counsel.” “We want to look at all options before making a decision.” Anyone who might be defending the electoral provisions for the state would argue in favor of language that statements from this time period suggest was included in the Mississippi Constitution in order to prevent African Americans being elected to statewide office. They will also be supporting language that makes Mississippi an exception – where the candidate who wins the majority of votes does not win the office.