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Mississippi’S Continued Record of Racial Discrimination in Voting, the Tireless Mississippians Who Push Forward, & the Critical Need to Restore the Voting Rights Act

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Mississippi’S Continued Record of Racial Discrimination in Voting, the Tireless Mississippians Who Push Forward, & the Critical Need to Restore the Voting Rights Act FREEDOM SUMMER, SHELBY COUNTY, & BEYOND: MISSISSIPPI’S CONTINUED RECORD OF RACIAL DISCRIMINATION IN VOTING, THE TIRELESS MISSISSIPPIANS WHO PUSH FORWARD, & THE CRITICAL NEED TO RESTORE THE VOTING RIGHTS ACT REPORT TO THE HOUSE COMMITTEE ON THE JUDICIARY UNITED STATES HOUSE OF REPRESENTATIVES AUGUST 16, 2021 Freedom Summer, Shelby County, & Beyond: Mississippi's Continued Record of Racial Discrimination in Voting, the Tireless Mississippians Who Push Forward, & the Critical Need to Restore the Voting Rights Act Report to the House Committee on the Judiciary United States House of Representatives August 16, 2021 ABOUT THE SOUTHERN POVERTY LAW CENTER The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org. ACKNOWLEDGEMENTS This Report is dedicated to and made possible by the voters and advocates of Mississippi, who continue to fight for a just and equitable democracy and demand full and equal access to the fundamental right to vote, despite the enduring obstacles placed in their path. The Southern Poverty Law Center thanks the contributors to this report: Fair Fight Action Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. Mississippi State Conference NAACP Rob McDuff LaToya Thompson Brennan Center for Justice The Leadership Conference on Civil & Human Rights The Southern Poverty Law Center is also grateful to all the Fair Fight Action volunteers who spent countless hours helping us tell the stories of Mississippi’s voters. For the Southern Poverty Law Center: Caren E. Short & Rachel Knowles TABLE OF CONTENTS Executive Summary and Introduction ...................................................................................................... 5 I. Mississippi’s History of Racial Discrimination in Voting .......................................................... 7 A. Reconstruction: Black Mississippians Assert Their Political Autonomy, and White Supremacists Violently Retake Power ............................................................................ 7 B. Jim Crow: White Supremacy Evolves for the Twentieth Century ............................. 13 C. Black Mississippians Push for Political Representation During “Freedom Summer” ........................................................................................................................................... 17 D. Congress Passes the Voting Rights Act of 1965 in Response to Systemic Racial Oppression in Mississippi and Elsewhere .................................................................... 18 E. Mississippi Officials Continue to Find New Means to Disenfranchise Black Voters, 1965-2006 ........................................................................................................................ 20 II. Modern Race-Based Voter Discrimination in Mississippi and the Critical Need for a Restored Voting Rights Act ........................................................................................................................ 25 A. Black Mississippians Suffer Systemic Racial Discrimination in All Facets of Life .. 25 1. Housing and Lending Discrimination .................................................................... 26 2. Racial Disparities in Education ................................................................................ 29 3. Racial Disparities in Healthcare .............................................................................. 32 4. Systemic Racism in the Criminal Legal System ..................................................... 34 5. Racial Polarization and Overt Racism in Mississippi ............................................ 35 6. The Feedback Effects of Voter Discrimination and Racial Inequality ................ 39 B. Current Voter Suppression and Discrimination in Mississippi ................................. 40 1. Mississippi’s Government Employs Draconian Restrictions on Registration and Voting Opportunities ............................................................................................... 41 2. Mississippi’s Government Frequently Eliminates and Moves Voting Locations Without Notice .......................................................................................................... 58 3. Mississippi’s Government Disenfranchises Tens of Thousands of Black Mississippians Convicted of Felonies Without Any Meaningful Opportunity to Restore Voting Rights .............................................................................................. 63 4. Mississippi’s Government Employs At-Large Elections to Limit the Political Power of Black Mississippians ................................................................................. 65 5. Mississippi’s Government Dilutes the Political Power of Black Mississippians Through Redistricting .............................................................................................. 73 C. The Investment and Impact of Black Voter Advocacy Organizations ..................... 75 III. Mississippi’s Long History of Voting Rights Violations Will Subject It to Preclearance Under the Current Formula. ............................................................................................ 81 A. Mississippi Has Committed At Least Seven Voting Rights Violations That Are the Subject of Objections by The Department of Justice Over the Past 25 Years ....... 82 1. State of Mississippi (1995) (statewide) .................................................................. 82 1. City of Clinton (2012) (Redistricting) ...................................................................... 83 2. City of Natchez (2011) (Redistricting) .................................................................... 84 3. Amite County (2011) (Redistricting) ....................................................................... 85 4. Kilmichael (2001) (Cancelled Election) ................................................................... 86 5. McComb (1997) (Withdrawn 9-20-99) (Changes to Polling Locations) ............ 87 6. Grenada (1996) (Withdrawn 6-28-05) (Annexation, Cancelled Election, Redistricting) ............................................................................................................. 87 B. Mississippi Has Committed At Least 11 Voting Rights Violations that Are the Subject of Litigation Judgments, Settlements, and Consent Decrees Over the Past 25 Years ............................................................................................................................ 88 1. Citizens for Good Govt. v. Quitman (1998) (At-Large Elections) (Preliminary Injunction and Final Judgment) .............................................................................. 88 2. Clark v. Calhoun County (1996) (Redistricting) ..................................................... 89 3. Gunn v. Chickasaw County (1997) (Redistricting) ................................................. 89 4. Houston v. Lafayette County (1998) (Redistricting) .............................................. 89 5. Jamison v. Tupelo (2007) (At-Large Elections) ...................................................... 90 6. Teague v. Attala County (1996) (Redistricting) ..................................................... 90 7. United States v. Brown (2007) (Election Procedure) (Preliminary Injunction and Final Judgment) ........................................................................................................ 91 8. Consent Decrees ....................................................................................................... 92 IV. Conclusion ............................................................................................................................................ 92 Executive Summary and Introduction Mississippi has the highest percentage of Black residents of any state in the country at 38 percent. Yet no Black candidate has been elected to statewide office in Mississippi since Reconstruction. That is because the white power structure in Mississippi has made strident and continuous efforts to prevent Black Mississippians from participating in the political process. During Reconstruction and Jim Crow, these efforts were overt and openly violent: The framers of Mississippi’s 1890 Constitution openly proclaimed that their aim was to “‘secure permanent white intelligent rule in all the departments of the state government,’” and Mississippi enforced white supremacy through tactics from explicit legal impediments to Black voting, such as literacy tests, to state-sanctioned murder, including more than 650 lynchings from Reconstruction through 1950—the most of any state in the country.1 Today, efforts to prevent Black Mississippians from voting are often more bureaucratic but remain extremely effective. Instead of paying a direct “poll tax” to vote, Black Mississippians are now required to incur the unnecessary and burdensome expense of having certain absentee ballots and applications notarized—an indirect poll tax. Instead of being asked to interpret complex legal provisions under the guise of “literacy tests” applied unevenly at the discretion of election officials, Black Mississippians are now subject to convoluted and unevenly applied voter-identification requirements. And instead of confronting efforts from state legislators to repeal the Fifteenth Amendment to the U.S. Constitution, thousands of Mississippians
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