U.S. Fifth Circuit Court rules to overturn Mississippi voter ban law

JACKSON, Miss. (WLBT) – Friday, a ruling by the Fifth Circuit U.S. Court of Appeals overturned a Mississippi law that prevents certain convicted felons from having the right to vote.

The ruling backs up a lawsuit filed by six convicted felons in 2018. It claimed that Mississippi’s voter disenfranchisement law is a direct violation of the 8th Amendment’s cruel and unusual punishment clause.

Bradley Heard, a co-counselor for the plaintiffs and a member of Southern Poverty Law Center, believes the decision to target the 8th Amendment violation was a deciding factor in the court’s decision.

“We alleged that the lifetime ban for persons who had completed their terms of sentence was cruel and unusual punishment under the evolving standards of decency under the Eighth Amendment of, you know, of our United States Constitution. And that’s what the Court yesterday, recognized that and struck the section down on that basis,” said Heard.

Unfortunately, banning Mississippians from the right to vote isn’t new news. Section 241 of Mississippi’s 1890 Constitution denied black men the right to vote.

It was then amended during the 1960′s to ban Mississippians with certain felony charges, such as murder or rape, from voting, regardless of completing their prison time.

There are 22 felonies in total that currently bar convicted felons the right to vote in Mississippi. They are as follows: Arson, Armed Robbery, Bigamy, Bribery, Embezzlement, Extortion, Felony Bad Check. Felony Shoplifting, Forgery, Larceny, Murder, Obtaining Money or Goods under False Pretenses, Perjury, Rape, Receiving Stolen Property, Robbery, Theft, Timber Larceny, Unlawful Taking of Motor Vehicle, Statutory Rape, Carjacking, and Larceny Under Lease or Rental Agreement.

“The history of felon disenfranchisement laws in this country, and in Mississippi, in particular, is Legion and, and it definitely, you know, it definitely has a an ugly, racist history,” said Heard.

While this is positive news for those in the state who are currently banned from voting, Heard says the state still has time to push back.

“Once the court issues its mandate, we have to see whether the state of Mississippi is going to appeal or going to seek a rehearing of this decision,” said Heard.

The court-issued mandate is scheduled to go out on August 28 unless the state decides to go either of the two routes described by Heard.

We will continue to follow this story with any other developments.

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