ACLU Files Lawsuit Challenging Voter Disenfranchisement In Mississippi
State Unconstitutionally Denying Voting Rights To Citizens With Felony Convictions
JACKSON, MS – The American Civil Liberties Union and ACLU of Mississippi filed a lawsuit in federal court today
challenging the state's denial of voting rights to citizens with felony convictions. Although the Mississippi
Constitution permits people who have been convicted of a crime to vote for president and vice president, election
administrators are denying that right in practice. In today's filings, the ACLU asked the court to allow these citizens
to register to vote in time to cast ballots for president and vice president this November.
"With the presidential election less than two months away, Mississippi is denying thousands of citizens their
fundamental right to vote," said Nancy Abudu, staff counsel with the ACLU Voting Rights Project. "By refusing to allow
eligible citizens to register and vote for the highest offices in the land, Mississippi election officials are
undermining the integrity of the state's election system and degrading our country's democratic principles. We will not
sit back and let election supervisors continue to violate state and federal law."
According to Mississippi's constitution, people with certain felony convictions are allowed to vote for president and
vice president, but not other political offices. But because the state's voter registration application does not allow
all prospective voters to register for presidential and vice presidential elections only, many voters are wrongly
disqualified. The ACLU is representing Jerry Young and Christy Colley, two Mississippi residents who have been convicted
of felonies in the past and cannot vote due to the flawed administration of the state's election laws.
In addition to the state constitution, Mississippi's voter disenfranchisement practices violate the Fourteenth
Amendment's Equal Protection Clause and the National Voter Registration Act, which establishes procedures to increase
the number of eligible citizens registered to vote in federal elections.
"I pay my taxes and have paid my debt to society, I should be given my right to vote," said Young. "This is a right I
take very seriously. I am a citizen of Mississippi and the United States and I want my voice to be heard this November."
In 2004, Mississippi's secretary of state unlawfully circumvented the state constitution by amending the voter
registration form and adding a number of felonies to the list of crimes that disqualifies an individual from voting. The
ACLU challenged the state's interpretation of its felony disenfranchisement laws in state court and that lawsuit is
pending.
"The unlawful disenfranchisement of thousands of Mississippians is unconscionable. Many of these people work and pay
both state and federal taxes, but they have no voice in choosing their elected officials, no say in who represents
them," said Kristy Bennett, staff attorney with the ACLU of Mississippi. "Our state law specifically provides that all
people, regardless of whether they have a felony conviction of any kind, are entitled to vote in elections for president
and vice president. It is obvious that the framers of our state constitution recognized the importance of allowing all
citizens to vote for the leaders of this country and we must continue to fight for this fundamental right today."
Attorneys on the case are Abudu, Laughlin McDonald and Neil Bradley of the ACLU Voting Rights Project and Bennett of the
ACLU of Mississippi.
ENDS