State of Mississippi argues it cannot create new Black voting districts by 2025 session

Mississippi state leadership is arguing that legislative district boundaries currently violating federal voting laws should remain in place for another year.

The Mississippi State Board of Election Commissioners is asking the Mississippi U.S. Court for the Southern District for more time before holding special elections in light of a ruling that Mississippi’s 2022 redistricting plan diluted Black voting power and violated the U.S. Voting Rights Act. They argue they simply cannot hold those elections before 2025, as currently demanded by the court.

The suit was initially filed by the Mississippi Conference of the NAACP against the state election commission in 2022.

The court is now demanding the state to create three Black majority districts and hold special elections to vote in two new members of the Mississippi Senate and one in the Mississippi House of Representatives by 2025.

In response, the state election commission, consisting of Republicans Gov. Tate Reeves, Mississippi Secretary of State Michael Watson and Attorney General Lynn Fitch said the state should give the Legislature a chance to redistrict the state during the 2025 legislative session and then hold special elections.

Read about July 2 ruling Federal court orders Mississippi to create more Black districts by 2025, asks for elections

“Defendants respectfully maintain that the only sound way for the Mississippi Legislature to be afforded its well-established first opportunity to redraw districts is to give it a reasonable amount of time following the commencement of the 2025 Regular Legislative Session (on January 7, 2025) and that any elections for affected districts should follow promptly after that,” the response reads. “Given fundamental limitations on a court’s equitable authority (particularly this close to an election) and other relevant considerations (practical, political, logistical, and legal) no more expeditious remedy is available.”

Rob McDuff, director of the Impact Litigation Initiative at the Mississippi Center for Justice, told the Clarion Ledger Thursday that the state would continue to block voting rights for Black people if that election is held next fall.

“The federal court has made it clear that the creation of these districts is necessary to enforce the Voting Rights Act, and as the court indicated that needs to be done as soon as possible,” McDuff said. “Otherwise, people’s right to vote will continue to be denied.”

McDuff added that because there won’t be any elections in 2025, the 2024 election cycle is the perfect time to both do this to ensure Black people are properly represented in Mississippi and for election workers.

“Doing it now means higher turnout, and it makes life a lot easier for the election officials that are required to put on these elections,” McDuff said.

Legislative redistricting occurs every 10 years after the federal census. In 2022, lawmakers voted to approve the new redistricting plan. In the suit filed in 2022, groups representing the NAACP argued that Black voters were piled into districts and their voting strength was diluted because of it.

The state has a Black population of about 38%. As of 2024, there are 42-Black majority districts in the 122-member House (34.4%) and 15 Black majority districts in the 52-member Senate (28.8%).

From 1965 until the mid 2010s, the federal government oversaw the state’s redistricting plans. The 2022 redistricting was the first time in state history since the Voting Rights Act that it was allowed to fully decide its own plan. Previously, A federal judge drew the congressional districts in 2002 because legislators could not agree on a map, and again in 2011 because legislators felt they didn’t have enough time to do it during session.

MSOS Communications Director Liz Jonson told the Clarion Ledger that Watson is not issuing any comment on the case because of the ongoing litigation.

As of the time of publication, the court had not issued a response to the state’s request.

Grant McLaughlin covers state government for the Clarion Ledger. He can be reached at gmclaughlin@gannett.com or 972-571-2335.