ACLU of Mississippi Files Lawsuit To Challenge State’s Denial of Voting Rights To Persons With Felony Convictions
October 9, 2006
The ACLU of Mississippi today filed a lawsuit to challenge the state’s denial of voting rights to citizens with felony convictions. Strickland v. Clark, filed against the Secretary of State’s Office and the State Attorney General’s Office, specifically challenging the denial of voting privileges to two Hinds County residents convicted of a crime not specifically listed in the State’s Constitution as a crime that would take away an individual’s right to vote.
The ACLU is also requesting that the voter registration deadline, which was Friday, October 6, be extended for people who have been convicted of felony offenses and are uncertain about their voting qualifications.
“I fought for my country and I should be allowed my right to vote” says Michael Johnson, a 39 year old military veteran, who’s a plaintiff in the case.
Johnson, who was diagnosed with Post Traumatic Stress Disorder after serving in the Persian Gulf War, was convicted of one of the ten crimes listed in the State Constitution. State law allows these individuals to participate in federal elections. However, these individuals are not allowed to register to vote, therefore are not able to participate in any election process. The other crimes are: Murder, Rape, Forgery, Bribery, obtaining money or goods under false pretense, bigamy, embezzlement, perjury, theft and arson.
“Mississippi’s process to register voters is confusing for persons who have been convicted of a crime; it discourages citizens who have paid their dept to society from fully carrying out their civic responsibilities. It’s taxation without representation,” says ACLU of MS Executive Director Nsombi Lambright.
The Secretary of State’s Office added eleven additional crimes to the voter registration application as a result of an Attorney General’s Opinion. The AG Opinion added the following crimes: Extortion, felony bad check, felony shoplifting, larceny, receiving stolen property, robbery, timber larceny, unlawful taking of a motor vehicle, statutory rape, and carjacking. Under Mississippi law AG opinions are only advisory and not State law. In 2004, the Secretary of State’s Office added the additional crimes to the voter registration application. However, the State Constitution has not been amended to include the additional crimes.
“Mississippi’s continued violations of state and federal law not only undermine the integrity of the state’s election system, but degrade our country’s democratic principles by shutting thousands of people out of the political process,” said Nancy Abudu, Staff Counsel with the ACLU Southern Regional Office in Atlanta.
Mississippi ACLU with the support of its National and Regional offices is an active member of the Mississippi Voter Empowerment Coalition (MVEC), who have been advocating for the rights of citizens that have convicted of a crime.
MVEC members include Mississippi State Conference NAACP, Mississippi Worker’s Center for Human Rights, Mississippi Center for Justice, Action Communication and Education Reform, Country Oaks Recovery Center, SPEAR-Southeastern Prison Education, Advocacy and Reformation, Malcolm X Grassroots Movement and Concerned Citizens for a Better Tunica County.
“The right to vote is the foundation of a free society. The right to vote is worth fighting for and Mississippians, convicted felons or not, are entitled to all the privileges, rights and protection provided in the United States and Mississippi Constitutions,” says John Williams, Staff Attorney, ACLU of MS.
Lead plaintiff Leola Strickland adds, “I am a citizens of Jackson and the United States. I have worked hard my entire life and deserve the right to vote.”
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