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Analysis: Mississippi could erase multistep election system

MGN Online

Mississippi voters might get a chance to purge a Jim Crow-era provision from the state constitution and simplify the process of electing the governor and other statewide officials.

Posted: Jun 14, 2020 4:43 PM

JACKSON, Miss. (AP) — Mississippi voters might get a chance to purge a Jim Crow-era provision from the state constitution and simplify the process of electing the governor and other statewide officials.

Legislators are close to agreeing on House Concurrent Resolution 47. It would put a proposal on the ballot this November, letting people decide whether to erase an Electoral College-type provision from the state's 1890 constitution. The proposal says that a candidate who wins a majority of the popular vote would win a statewide election. If nobody receives a majority in a race with three or more candidates, the top two would go to a runoff.

The Mississippi Constitution currently requires a statewide candidate to win a majority of the popular vote and a majority of electoral vote. One electoral vote is awarded to the candidate receiving the most support in each of the 122 state House districts. If no candidate wins both the popular vote and the electoral vote, the race is decided by the state House. But, representatives are not obligated to vote as their districts did — and that means arm-twisting could decide the outcome of an election.

Mississippi is the only state with this multistep process for electing a governor. The process was written when white politicians across the South were enacting laws to erase black political power gained during Reconstruction. The separate House vote was promoted as a way for the white ruling class have the final say in who holds office.

African American plaintiffs sued Mississippi in 2019 in an effort backed by former U.S. Attorney General Eric Holder. They argued that the state's multistep process unconstitutionally violates the principle of one person, one vote. Plaintiffs’ attorneys said Mississippi’s history of racially polarized voting means that candidates preferred by black voters must receive a higher share of the statewide vote to win a majority of House districts.

Days before Mississippi elected statewide officials in November, U.S. District Judge Daniel P. Jordan III wrote that he has “grave concern” about the constitutionality the electoral vote provision. Jordan wrote that the plaintiffs’ argument about violation of one person, one vote is “arguably ... their strongest claim.”

The plaintiffs’ attorneys argued that the Mississippi system for electing statewide officials is similar to a Georgia county-unit election rule that was invalidated by a federal court ruling in 1963.

“They’re right,” Jordan wrote.

Jordan noted that Mississippi’s election provisions “are not merely statutes that can be revised in one legislative session; they are constitutional provisions that require amendment.” Jordan put the lawsuit on hold in December, saying he would give legislators a chance to remedy the system.

That's where the proposed constitutional amendment comes in. Legislatures must put the question on the statewide ballot, and adopting an amendment would require a simple majority of votes.

That last time a governor's race was thrown to the Mississippi House was 20 years ago. Nobody received the required majorities in a four-person race for governor in 1999. The top two candidates were white, and each won 61 electoral votes. In January 2000, House members chose Democrat Ronnie Musgrove, who had received the most votes, over Republican Mike Parker. At the time, the House was controlled by Democrats. It is now controlled by Republicans.

Some Democrats thought the electoral provision might come into play in a tight 2019 governor's election, but Republican Tate Reeves easily defeated Democrat Jim Hood and two lesser-known candidates.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 501652

Reported Deaths: 10024
CountyCasesDeaths
Harrison34353540
DeSoto32162408
Hinds31977631
Jackson24508383
Rankin22015390
Lee15596235
Madison14597280
Jones13867243
Forrest13461252
Lauderdale11998317
Lowndes11065188
Lamar10522136
Pearl River9547237
Lafayette8557140
Hancock7740127
Washington7443160
Oktibbeha7147133
Monroe6787178
Warren6706176
Pontotoc6677104
Neshoba6642206
Panola6542131
Marshall6476135
Bolivar6323150
Union605794
Pike5824152
Alcorn5676102
Lincoln5439135
George497479
Scott473098
Tippah470381
Prentiss469182
Leflore4663144
Itawamba4640105
Adams4592119
Tate4592111
Copiah448792
Simpson4448116
Yazoo444887
Wayne440072
Covington429094
Sunflower4240105
Marion4232108
Coahoma4168107
Leake408688
Newton381779
Grenada3711108
Stone360664
Tishomingo360092
Attala331789
Jasper330165
Winston314691
Clay308977
Chickasaw301067
Clarke292594
Calhoun279447
Holmes267987
Smith264150
Yalobusha234547
Tallahatchie228251
Greene219449
Walthall218764
Lawrence213140
Perry205956
Amite205256
Webster203046
Noxubee186840
Montgomery179657
Jefferson Davis172243
Carroll169338
Tunica160039
Benton149239
Kemper141941
Choctaw133326
Claiborne132837
Humphreys129638
Franklin120328
Quitman106528
Wilkinson105139
Jefferson94734
Sharkey64220
Issaquena1937
Unassigned00

Alabama Coronavirus Cases

Cases: 820312

Reported Deaths: 15407
CountyCasesDeaths
Jefferson1148731924
Mobile726221339
Madison52362697
Shelby37640350
Baldwin37266552
Tuscaloosa35120612
Montgomery34123740
Lee23540246
Calhoun22236488
Morgan20958378
Etowah19838500
Marshall18381304
Houston17394412
St. Clair16078339
Cullman15468293
Limestone15354199
Elmore15271286
Lauderdale14323295
Talladega13851283
DeKalb12664261
Walker11221370
Blount10207176
Autauga10048148
Jackson9877184
Coffee9211191
Dale8904185
Colbert8877201
Tallapoosa7093198
Escambia6778134
Covington6715183
Chilton6648162
Russell637559
Franklin5969105
Chambers5612142
Marion5010127
Dallas4979200
Pike4796106
Clarke475884
Geneva4575127
Winston4522103
Lawrence4327117
Bibb425386
Barbour357876
Marengo338390
Monroe331664
Randolph329864
Butler326796
Pickens316584
Henry312866
Hale311688
Cherokee302960
Fayette294180
Washington251651
Cleburne247760
Crenshaw245375
Clay243368
Macon234863
Lamar224847
Conecuh186353
Coosa180340
Lowndes175464
Wilcox168939
Bullock151744
Perry138940
Sumter133238
Greene126744
Choctaw88527
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High pressure will dominate our weather forecast for our Tuesday. This means we will see some good weather for our Tuesday. However, some rain and thunderstorms will be in our weather forecast down the line with some more low pressure in our area.
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