Bills would restore federal voting rights for Mississippians convicted of felonies

Legislation has been introduced that would allow Mississippians who have been permanently disenfranchised because of a felony conviction to vote in federal elections.

The federal Inclusive Democracy Act, filed by Sen. Peter Welch, D-Vermont, and Rep. Ayanna Pressley, D-Massachusetts, would allow all Americans convicted of a felony, including those still incarcerated, to vote in federal elections such as for president and for members of Congress. Passage of the legislation is seen as a longshot, though it represents one of many efforts centered around felony disenfranchisement laws.

“The right of citizens to United States to vote in an election for federal officed shall not be denied or abridged by the United States or by any state on account of conviction of a criminal offense,” the bill reads.

The legislation would not impact the lifetime ban on voting in state elections, such as for governor and legislators or for county and city offices.

Welch said in a statement announcing the introduction of the Inclusive Democracy Act: “Our democracy is at its strongest when everyone can take part in it. Yet millions of Americans are denied their right to engage in our democratic process as a result of antiquated state felony disenfranchisement laws that disproportionately impact Black Americans and women. These Jim Crow-era laws have no place in modern America.”

Mississippi is particularly relevant for the federal legislation since it is one of fewer than 10 states that still imposes a lifetime ban on voting for some people convicted of felonies. Earlier this year a three-judge panel of the U.S. 5th Circuit Court of Appeals ruled that Mississippi’s permanent ban on voting was unconstitutional because it was a violation of the U.S. Constitution’s prohibition of cruel and unusual punishment.

READ MORE: Full 5th Circuit to hear arguments on whether felony voting ban is unconstitutional

The state of Mississippi, through the office of Attorney General Lynn Fitch, appealed the ruling of the three-judge panel. In response to the state appeal, the entire 5th Circuit has prevented the ruling from taking effect and has agreed to hear the case en banc. Oral arguments before the full 5th Circuit is scheduled for Jan. 23 in New Orleans.

The decision of the 5th Circuit is likely to be appealed by the losing side to the U.S. Supreme Court. Earlier this year the Supreme Court refused to hear an appeal in a separate Mississippi felony disenfranchisement case. In that case, the 5th Circuit found that Mississippi’s lifetime ban on voting was not unconstitutional even though the judges conceded that it was placed in the state’s 1890 Constitution as one of the many provisions designed to keep African Americans, then a majority in the state, from voting.

According to information compiled in 2017 by researcher Dov Rothman, there are almost 50,000 Mississippians who are permanently banned from voting because of a felony conviction. Rothman researched the issue on behalf of the Southern Poverty Law Center and those filing the lawsuit that the U.S Supreme Court refused to hear. While African Americans make up about 38% of the state’s population, they comprise 59% of those who are permanently barred from voting, according to Rothman’s research.

Framers of the 1890 Mississippi Constitution said at the time they imposed the lifetime voting ban on crimes that they believed Black Mississippians were more prone to commit.

“The plan is to invest permanently the powers of government in the hands of the people who ought to have them: the white people,” James Zachariah George, a U.S. senator who was one of the architects of the 1890 Constitution and to this day has a statue in the U.S. Capitol representing Mississippi, said at the time.

The framers did not at the time include murder and rape as disenfranchising crimes but did include lesser crimes such as burglary and bigamy.

Even today, Mississippians convicted of certain crimes do not lose their right to vote while incarcerated. For instance, a major drug dealer would not lose the right to vote, but a person convicted of livestock or timber larceny would.

“As someone whose family has been personally impacted by mass incarceration, I’m proud to partner with Sen. Welch on the Inclusive Democracy Act to ensure everyone can make their voice heard in our democracy,” Pressley said. “Momentum is growing in states across the country and Congress must follow suit by swiftly passing this crucial legislation.”

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