Jed Blackerby knew that he was no longer eligible to vote after his 2003 conviction for a felony. According to the attorney general’s Office, there are 22 specific felonies that Mississippi’s constitution permanently removes the right to vote. Blackerby’s aggravated assault crime is not on this list. After learning that he might still be eligible to vote, Blackerby stated that “No one gave any direction.” “A long time ago, convicted felons were not allowed vote. (Government officials) didn’t make it public until after certain types of convictions were made. It hadn’t been published.” Blackerby never went to the polls on Election Day. He is a political activist and has strong opinions about the direction of the country. Criminal justice system administrators simply said, “You’re already a convicted felon.” This is impossible. Blackerby said that you can’t do this. The widespread misinformation about the felony voting ban is so prevalent that lawmakers have introduced legislation to restore voting rights for people who have never lost them. Senator Sean Tindell (R-Gulfport) introduced a bill in 2016 to remove voting restrictions from Steven Gunn, a Harrison County man who was also convicted for aggravated assault. Tindell, now a judge at the Mississippi Court of Appeals did not respond to an interview request. Rep. Larry Byrd (R-Petal) introduced a bill in 2017 to restore the suffrage to Seagie Pace. “He was disqualified from being an elector because of his conviction for possession with intent to control a controlled substance.” Possession with intent is not a crime that can result in a person losing their right to vote. Both bills were defeated in committee. The Southern Poverty Law Center’s Paloma Wu said that when it took up the case, it received many phone calls from people who felt they were affected by the ban on felony voting. In some cases, the center had failed to restore their rights. They felt like they were being cut off from the rest their community, because they couldn’t vote. Wu explained that they were not disenfranchised at all, but they did so because they had the right to vote. Irrational list Most disenfranchising offenses are theft, financial, and violent crimes. These include arson, bigamy and armed robbery as well as bribery. Ninety-three per cent of those who are disenfranchised because of a conviction for any of these crimes reside in the community, rather than in a correctional facility. According to The Sentencing Project’s 2018 report, they are either on probation or parole, or have completed their sentences. According to Mississippi Today’s analysis of records from the Administrative Office of Courts, 128,865 Mississippians were convicted of crimes that didn’t result in their losing their right to vote. These crimes include misdemeanors as well as felony offenses such tax evasion and burglary. In that period, 43 percent of all nondisenfranchising drug-related convictions were for drug offenses. These felons who were sentenced to time in state prisons did not lose their right of voting, although it is unclear how many people exercise this right. Illinois and Ohio are two examples of states where convicted felons can’t vote while they are in prison. They only have to complete their sentences before their rights are restored. Mississippi law requires that eligible inmates request an absentee vote from the county where they resided before being sent to prison. Hinds County Circuit Clerk Zack Wallace stated in an email that while we may have requested every election, we cannot tell how many or compare it with anything. (Ballot requests aren’t labeled or categorised). Mississippi has one of the strictest voting bans in the nation, unless you are convicted for a non-disenfranchising offense. “It just shows how absurd the list is. That forging a cheque comes with harsher penalties that molesting children,” Hob Bryan (D-Amory), Senate Judiciary B Committee Chairman, said. He convened a hearing last month. According to The Sentencing Project, nearly 10 percent of Mississippians have been disenfranchised by a disenfranchising conviction. This doesn’t account for the unknown number of people who might not be eligible to vote — or face intimidation because of their felony conviction. Only 13 percent of registered voters turned out for the last state election, the June party primaries to the U.S. Senate Race. The overall Election Day participation rate drops by two percent when you take into account the approximately 17 percent of Mississippians who are voting, which is roughly 390,000. Rob McDuff is a civil rights attorney who is also suing the state for its felony voter ban. He said that he had a friend who believed his felony conviction would prevent him from voting. McDuff informed him that his crime wasn’t one of the disenfranchising offenses, but it was only after he asked McDuff did he realize he hadn’t lost his right to vote. McDuff stated that there was a common perception that anyone convicted in Mississippi of a felony is permanently barred from voting. McDuff said that it was only certain crimes selected in 1890, because the framers 1890 constitution believed that they were largely committed by black people. McDuff’s complaint against McDuff characterized the lifetime voting ban as one Mississippi’s “vestiges” of white supremacy. Delbert Hosemann, Mississippi Secretary of State, has denied all of the claims in McDuff’s suit. The ban, as it is applied, does cause racial disparities. According to The Sentencing Project, about one-in-six Mississippians of voting age are now black. Mississippians are exempt from voting due to the fact that juries are chosen from the registered population. This could lead to racial inequalities in jury pool selections. Andy Johnson, a Pearl River County public defender, stated that his county, which is 85 per cent white, may be creating disproportionately white juries due to felony convictions that affect black communities more than white. He said, “During the last jury selection, we saw two African men in an entire entoure of 50-60 people.” “I mean, Pearl River County may be white, but that doesn’t make us any less white.” Merrida “Buddy”, a criminal defense attorney, said that he had also consulted clients who believed they had lost the right to vote over the years. Although not required by any Mississippi Bar Association rule Coxwell attempts to educate his clients about the collateral consequences of their convictions, including their right to vote and their ability to own a firearm or keep a professional license. Voting in practice Today: Voting advocates are trying to correct the misinformation. Arekia Bennett, director at Mississippi Votes, stated that she has met young men at voter drives who are able to disengage once they see what she is doing. She registers people to vote. Bennett said, “I’m pretty certain I can’t vote,” as one man began to leave her table at Jackson Medical Mall. Bennett stated that people like him may have been convicted or accused of drug offenses in some cases. These crimes are not listed on the list of disenfranchising crime. She’s seen people be afraid to give their information, even after they are informed of the law. The registration forms require applicants to declare that they have never been convicted for disenfranchising crimes. This can prove confusing as the list uses vague terms instead of the specific language found in state statutes. Falsifying this declaration could lead to disenfranchising crimes. Sometimes the exact location of the polling station can prove intimidating. The county’s downtown jail is connected to the Hinds County Courthouse where residents can register to vote. Yvonne Horton, Hinds County Election Commissioner, said that they don’t want them to visit the jail asking questions. The county clerks verify that an individual is eligible to vote in the following way: They enter the registration form into the Statewide Election Management System. This system contains conviction data. The system will alert the clerk if the applicant has been convicted for a disenfranchising offense. He or she must then investigate the conviction and get the sentencing order. Sometimes, clerks will need to fax the information from another county. The clerk rejects an application after confirming that the crime was disenfranchising. According to Cecilia Bounds, Greene County Circuit Clerk, any disqualified voter may contest their case before the election commission, but she doesn’t recall anyone in Greene County ever doing that. In the same way, county election commissioners remove existing registered voters from voter rolls if they are convicted of disenfranchising crimes. Horton stated that the attorney general’s office regularly sends a list to the election commissioners of persons with disenfranchising convictions. They match them to the voter roll and remove them. Bennett’s group was working inside jails to make sure eligible voters had access to absentee and registration ballots. She also had to teach law enforcement officers as much as those behind bars. Bennett said that she has met captains and wardens who aren’t familiar with the laws regarding voting in jails. There are many myths about what prisoners can and can’t do or who can vote in jails. Bennett stated that it is common to assume that once you have been in jail, all information about your citizenship will be null and void. This is especially true if you are from a minority community. Bounds stated that Greene County prisoners in satellite facilities of the state have written to Bennett for absentee ballots. However, only two prisoners wrote to her this election season. Inmates who are trying to register to vote cannot use the prison address. Horton stated that she didn’t realize certain felonies were disenfranchising, unlike many of her college-educated peers until she was elected election commissioner. Horton stated that “everyone I’ve spoken to believes that voting rights are lost if you are convicted of a felon, regardless what the crime was.” It is difficult to estimate how many people who are otherwise eligible might not vote because they believe they have been banned. “They don’t call to check, so we don’t know. Horton stated that they don’t go down to see. “I haven’t had the chance, the pleasure, to tell anyone that because they just assume they can’t.” Mississippi’s options Mississippi’s disenfranchised citizens will only be able to regain their rightful vote through a bill in Congress or directly from the governor. In 2018, 10 of these bills were introduced by lawmakers. Four of the 10 bills were passed by each chamber, but the governor vetoed them. Fick was convicted in 1992 of receiving stolen property and possessing a controlled substance. Mississippi Today learned that he doesn’t know the fate of his suffrage bill. He stated that he will try again during the next legislative session. He wants to be able to vote again after 25 years. “I want her to learn how to vote. Fick stated that he just wanted to show her a better way of living and to preserve the few rights we have. Fick explained his veto decision by saying that Gov. Gov. Coxwell noted the contrast between the U.S. claiming itself to be a “Christian nation” and the fact that our nation has “some of the most punitive and severe consequences that are, in many instances, unforgiving forever.” Blackerby stated that he believes Mississippi is okay with this. Blackerby stated that the state is trying to “put your name in a category you don’t think you can climb out of” and the rest of society will look at you and say, “That’s just sad, those people are so sorry.” However, Blackerby expressed frustration over the outcome of elections, particularly when the popular vote winner isn’t victorious. He said he will not be voting anytime soon. Blackerby stated that “everybody should still have an option regardless.” If you are unsure whether or not you’re eligible to vote, please contact your local circuit clerk. Alex Rozier, a data reporter, contributed to this report. To support this important work, you can make a regular donation to the Spring Member Drive today.