JACKSON, Miss. (AP) — The U.S. Supreme Court should overturn Mississippi’s Jim Crow-era practice of removing voting rights from people convicted of certain felonies, including nonviolent crimes such as forgery and timber theft, attorneys say in new court papers.
Most of the people affected are disenfranchised for life because the state provides few options for restoring ballot access.
“Mississippi’s harsh and unforgiving felony disenfranchisement scheme is a national outlier,” attorneys representing some who lost voting rights said in an appeal filed Wednesday. They wrote that states “have consistently moved away from lifetime felony disenfranchisement over the past few decades.”
This case is the second in recent years — and the third since the late 19th century — that asks the Supreme Court to overturn Mississippi’s disenfranchisement for some felonies. The cases use different legal arguments, and the court rejected the most recent attempt in 2023.
The new appeal asks justices to reverse a July ruling from the conservative 5th U.S. Circuit Court of Appeals, which said Mississippi legislators, not the courts, must decide whether to change the laws.
Stripping away voting rights for some crimes is unconstitutional because it is cruel and unusual punishment, the appeal argues. A majority of justices rejected arguments over cruel and unusual punishment in June when they cleared the way for cities to enforce bans on homeless people sleeping outside in public places.
Attorneys who sued Mississippi over voting rights say the authors of the state’s 1890 constitution based disenfranchisement on a list of crimes they thought Black people were more likely to commit. A majority of the appeals judges wrote that the Supreme Court in 1974 reaffirmed constitutional law allowing states to disenfranchise felons.
About 38% of Mississippi residents are Black. Nearly 50,000 people were disenfranchised under the state’s felony voting ban between 1994 and 2017. More than 29,000 of them have completed their sentences, and about 58% of that group are Black, according to an expert who analyzed data for plaintiffs challenging the voting ban.
To regain voting rights in Mississippi, a person convicted of a disenfranchising crime must receive a governor’s pardon
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