Federal Court in Mississippi Says 1890 Electoral Scheme Violates One-Person/One-Vote and Would Cause “Irreparable Harm if Eventually Applied”
Washington, D.C. — Today, a Mississippi federal court expressed “grave concern” that the state’s Electoral-Vote rule is unconstitutional and would result in “irreparable harm if eventually applied.” The Electoral-Vote rule in Mississippi requires that a candidate for statewide office must win, with a plurality, a majority of the Mississippi House of Representatives districts. Responding to plaintiffs’ claim that this rule violates the doctrine of one-person/one-vote, the court wrote: “They’re right.” The Court indicated that it will step in if the Electoral-Vote rule is triggered by next week’s statewide elections.
“Today’s ruling means that nearly 130 years after delegates at the Mississippi Constitutional Convention put in place an electoral device to dilute the voting rights and power of African Americans, we are one giant step closer to a level playing field for every voter in the state,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “Mississippi’s statewide election scheme was passed with racist intent during the Jim Crow era and has no place in 21st Century America. Today’s court decision is another victory by the National Redistricting Foundation for all American voters who should never be required to vote in unfair electoral systems.”
“We will continue to fight voter suppression in Mississippi and other states around the country to ensure all voters can exercise their right to cast a ballot and have their vote count equally to their fellow citizens,” said Marc Elias, Chair of Perkins Coie’s Political Law Group.
“This provision from the 1890 Constitution is a remnant of Mississippi’s tragic history of racial discrimination regarding the right to vote, and we are pleased the federal court has taken a step toward dismantling it,” said Rob McDuff of the Mississippi Center for Justice, which joined Perkins Coie and the National Redistricting Foundation in bringing the challenge to the unconstitutional rule. “If it is triggered by next week’s election, we will ask the Judge to follow up and nullify it once and for all.”
You can read the full ruling here.
Here is a key excerpt which says the court would likely step in should the results of the election next week be impacted by the Electoral-Vote rule:
“It is hard to ignore the impact the upcoming election may have on these issues. If the vote produces a split result under section 140 and is destined for a House vote under section 141, then a far more tangible injury could become imminent: the candidate with the majority vote could lose the election because votes were discarded under the Electoral-Vote Rule. The Court will not prejudge those issues, but under those circumstances the case would likely proceed to an expedited trial on the merits at least as to the Electoral-Vote Rule.”
Contact: Brooke Lillard | Lillard@redistrictingfoundation.org
