AN ACT TO RESTORE THE RIGHT OF SUFFRAGE TO CERTAIN PERSONS DISQUALIFIED BY REASON OF CONVICTION OF A DISENFRANCHISING CRIME; TO PROVIDE THAT SUCH PERSONS SHALL BE ENFRANCHISED AFTER COMPLETING THE TERM OF INCARCERATION AND PAROLE OR UPON THE IMPOSITION OF A PROBATION-ONLY SENTENCE FOR SUCH CRIMES; TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE REMOVAL OF A PERSON'S NAME FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM UNLESS THE PERSON IS SERVING A TERM OF INCARCERATION OR PAROLE FOR A DISENFRANCHISING CRIME AT THE TIME OF REMOVAL; TO PROVIDE THAT A COURT'S CERTIFICATION OF A CONVICTION FOR PURPOSES OF REMOVAL FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM MUST INDICATE THE TYPE OF SENTENCE IMPOSED; TO AMEND SECTION 23-15-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CIRCUIT CLERK'S ENROLLMENT BOOK LISTING THE NAMES OF PERSONS CONVICTED OF DISENFRANCHISING CRIMES MUST BE UPDATED TO EXCLUDE THE NAMES OF THOSE PERSONS ENFRANCHISED UNDER THIS ACT; TO AMEND SECTIONS 23-15-125 AND 23-15-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE VOTER ROLL AND POLLBOOKS MUST BE UPDATED IN A MANNER CONSISTENT WITH THIS ACT; TO AMEND SECTION 23-15-47, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO ADOPT VOTER REGISTRATION APPLICATIONS THAT STATE THAT A PERSON RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT IS NOT DISQUALIFIED FROM REGISTERING TO VOTE; TO AMEND SECTION 23-15-213, 23-15-223 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO DEVELOP AND IMPLEMENT TRAINING FOR ELECTION COMMISSIONERS, REGISTRARS AND POLL MANAGERS THAT INSTRUCTS THEM ON THEIR DUTIES WITH REGARD TO PERSONS RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT; TO AMEND SECTION 23-15-165, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO UPDATE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM IN A MANNER THAT ALLOWS LOCAL ELECTION OFFICIALS TO VERIFY WHETHER A PERSON HAS A DISQUALIFYING CONVICTION; AND FOR RELATED PURPOSES.
Impact
The enactment of HB38 is expected to significantly increase voter participation among previously disenfranchised populations. It shifts the perspective on rehabilitation in the criminal justice system by recognizing that once individuals have served their time, they should be able to reintegrate into society as full citizens, which includes exercising their voting rights. Furthermore, the bill mandates updates to the Statewide Elections Management System (SEMS) to facilitate this transition and requires training for election officials regarding their new duties in relation to the restored voting rights of these individuals. The changes aim to provide clearer pathways to enfranchisement and enhance accessibility in the electoral process.
Summary
House Bill 38 seeks to restore voting rights to individuals who have been disqualified due to felony convictions, specifically those regarding disenfranchising crimes, including vote fraud. Under this act, individuals will regain their suffrage upon completing their sentence, parole, or if they are sentenced solely to probation. This legislation fundamentally alters the parameters surrounding disenfranchisement in Mississippi, aiming to re-enfranchise a population that has historically faced barriers to voting. The amendments apply to multiple sections of the Mississippi Code of 1972, ensuring that individuals' names are not removed from voter registration lists unless they are currently incarcerated or on parole for a disenfranchising crime.
Contention
However, the bill may encounter opposition as opponents of the legislation express concerns that it could lead to an increase in voter fraud or undermine the integrity of elections. Critics argue that restoring voting rights to individuals with felony convictions could dilute the accountability of the electoral system. Additionally, the logistical implementation of updating voter rolls and training officials presents potential challenges, raising questions about the capacity and readiness of the election commission to effectively manage these changes. Ultimately, the discourse surrounding HB38 highlights broader discussions on criminal justice reform, voter suppression, and the balance between maintaining electoral integrity and promoting democratic inclusivity.