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: 319948

Reported Deaths: 7371
CountyCasesDeaths
DeSoto22285267
Hinds20719421
Harrison18431317
Rankin13901282
Jackson13718248
Madison10263224
Lee10059176
Jones8467167
Forrest7832153
Lauderdale7261242
Lowndes6517150
Lamar635188
Lafayette6313121
Washington5425137
Bolivar4841133
Panola4670110
Oktibbeha466198
Pearl River4605147
Marshall4574105
Warren4440121
Pontotoc425873
Monroe4157135
Union415777
Neshoba4063179
Lincoln4008112
Hancock386987
Leflore3515125
Tate342486
Sunflower339491
Pike3371111
Alcorn327272
Scott320374
Yazoo314171
Adams308086
Itawamba305178
Copiah299966
Coahoma298784
Simpson298589
Tippah291968
Prentiss284161
Leake272074
Marion271280
Covington267283
Wayne264642
Grenada264087
George252251
Newton248663
Tishomingo231868
Winston230181
Jasper222148
Attala215073
Chickasaw210559
Holmes190474
Stone188433
Clay187954
Tallahatchie180041
Clarke178980
Calhoun174132
Yalobusha167840
Smith164134
Walthall135347
Greene131834
Lawrence131124
Montgomery128643
Noxubee128034
Perry127238
Amite126242
Carroll122330
Webster115032
Jefferson Davis108234
Tunica108127
Claiborne103130
Benton102325
Humphreys97533
Kemper96629
Franklin85023
Quitman82216
Choctaw79118
Wilkinson69632
Jefferson66228
Sharkey50917
Issaquena1696
Unassigned00

Alabama Coronavirus Cases

Cases: 548657

Reported Deaths: 11306
CountyCasesDeaths
Jefferson810031566
Mobile42105831
Madison35690525
Tuscaloosa26173458
Shelby25607254
Montgomery25081614
Baldwin21868314
Lee16278176
Calhoun14719327
Morgan14629285
Etowah14175364
Marshall12453230
Houston10781287
Elmore10293214
Limestone10179157
St. Clair10162251
Cullman9952201
Lauderdale9603250
DeKalb8972190
Talladega8460184
Walker7338280
Autauga7241113
Blount6945139
Jackson6932113
Colbert6413140
Coffee5635127
Dale4928116
Russell454841
Chilton4476116
Franklin431382
Covington4275122
Tallapoosa4138155
Escambia401680
Chambers3728124
Dallas3607158
Clarke353061
Marion3240107
Pike314378
Lawrence3133100
Winston283472
Bibb268564
Geneva257981
Marengo250565
Pickens236962
Barbour234559
Hale227278
Butler224271
Fayette218862
Henry194543
Randolph187544
Cherokee187345
Monroe180041
Washington170539
Macon163051
Clay160059
Crenshaw155957
Cleburne153444
Lamar146837
Lowndes142254
Wilcox126930
Bullock124342
Conecuh113630
Coosa111729
Perry108626
Sumter105732
Greene93634
Choctaw62125
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Tropical Depression Claudette has now moved into Alabama and Georgia, leaving with some cloud cover but dry conditions. Most of us will stay dry through this Father's Day but some spotty showers will likely through the late afternoon.
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