AN ACT TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO IS OTHERWISE A QUALIFIED ELECTOR AND HAS BEEN CONVICTED OF CERTAIN DISENFRANCHISING CRIMES, EXCEPT FOR ARSON, ARMED ROBBERY, CARJACKING, EMBEZZLEMENT, MURDER, RAPE, OR STATUTORY RAPE, SHALL HAVE HIS OR HER RIGHT TO VOTE REVOKED, BUT SHALL HAVE THE RIGHT TO VOTE AUTOMATICALLY RESTORED AFTER HE OR SHE HAS SATISFIED ALL OF THE SENTENCING REQUIREMENTS OF THE CONVICTION; TO AMEND SECTIONS 23-15-19, 23-15-125, 23-15-151, 23-15-153 AND 23-15-165, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTIONS 97-39-3 AND 99-19-37, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO IS A UNITED STATES CITIZEN, WHO HAS BEEN CONVICTED OF CERTAIN FELONIES SHALL BE ELIGIBLE TO HAVE HIS OR HER RECORD AUTOMATICALLY EXPUNGED FIVE YEARS AFTER COMPLETION OF ALL TERMS AND CONDITIONS OF SUCH CONVICTION; TO AMEND SECTIONS 45-27-7, 45-27-21 AND 45-34-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE CIRCUIT CLERK, UPON THE ENTERING OF AN ORDER OF EXPUNCTION, FORWARD A CERTIFIED COPY OF SUCH ORDER TO THE MISSISSIPPI CRIMINAL INFORMATION CENTER AT THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO REMOVE SUCH PERSON'S CRIMINAL HISTORY RECORD INFORMATION, CONVICTION INFORMATION, AND DISPOSITION FORM FROM THE MISSISSIPPI CENTRAL CRIMINAL DATABASE WITHIN FORTY-FIVE DAYS OF RECEIVING A CERTIFIED COPY OF SUCH ORDER OF EXPUNCTION; TO AMEND SECTION 97-37-5, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXCEPTION TO THE FIREARMS PROHIBITION FOR PERSONS WHO RECEIVE AN ORDER OF EXPUNCTION; TO BRING FORWARD SECTIONS 45-1-45, 45-27-9, 45-27-11 AND 45-34-5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
If passed, HB 413 would substantially modify the existing legal framework surrounding voter disenfranchisement in Mississippi. It would enable a clearer path for the restoration of voting rights for those previously convicted of select non-violent felonies, which could increase voter participation rates among this demographic. Moreover, the bill seeks to expunge certain felony records after a five-year period, provided that all conditions of the sentencing are fulfilled. This would allow individuals to clear their criminal records after they have served their time, further facilitating reintegration into society.
House Bill 413 proposes significant amendments to Mississippi's election laws, particularly concerning the voting rights of individuals with felony convictions. The bill outlines that persons otherwise qualified to vote who have been convicted of certain disenfranchising crimes, excluding serious offenses like murder or arson, will have their voting rights revoked upon conviction. However, their voting rights can be automatically restored after they have completed all sentencing requirements associated with their conviction, aiming to simplify the restoration process and reduce barriers to voting for many former offenders.
While the bill aims to improve the situation for former felons, it does raise some points of contention among lawmakers and advocacy groups. Critics argue that the list of offenses that still result in permanent disenfranchisement—such as armed robbery and sexual crimes—remains excessively punitive. They contend that such exclusions could perpetuate systemic inequalities, particularly affecting marginalized communities. Proponents, however, celebrate the automatic restoration process as a progressive step towards criminal justice reform and inclusion in the democratic process.