US judge not blocking multistep Mississippi election system

[brooklynite]

Source: WAPT-TV

JACKSON, Miss. — A federal judge has ruled that he will not immediately block Mississippi's unique, multistep process for electing a governor and other statewide officials.

In a ruling Friday, U.S. District Judge Daniel P. Jordan III said he would not issue a preliminary injunction to prevent the system from being used in Tuesday's elections.

Mississippi's 1890 constitution requires a statewide candidate to win a majority of the popular vote and a majority of the 122 state House districts. If nobody wins both, the election is decided by the House, now controlled by Republicans.

African American plaintiffs who sued the state argued that the system unconstitutionally violates the principle of one person, one vote.


Read more: https://www.wapt.com/article/us-judge-not-blocking-multistep-mississippi-election-system/29666210

[edhopper]

1. WTF!?

The GOP just has to make sure some spoiler candidate runs so it always goes to the House. How is this constitutional?

Oh, I see, a fucking Bush Judge.

[Jose Garcia]

3. There weren't many Republicans in MS when this system was created

[edhopper]

11. Oh

I though it was a new election process. It's one they have had for a while? But it is still unconstitutional.

[Jose Garcia]

12. Mississippi's current constitution was adopted in 1968

[edhopper]

13. Thanks

Did that Constitution forbid slavery? Or are they still onboard with that.

[Igel]

17. No, it was adopted in 1890.

It's been amended at times. But it's still 129 years old. It's not from 1968. Minnesota and Florida have constitutions from 1968. Mississippi had one from 1868, but the 1890 one replaced it.

The 1890 one is had intentionally anti-black voting provisions, mostly in deciding who could get the franchise. This particular provision hasn't been among them, for the most part. And the other poster who points out that the (D) candidate won (with tied electoral votes) in 1999 by having the legislature vote him in.

I can't find a history of the text of that provision. It was amended in 1982, but I don't know how and the MS legislative records, as far as I can telll, are only online through to 1999. The double-majority requirement is new in 1890, though, not in previous Constitutions (from 1868, 1832, and 1817).

[groundloop]

2. I get that states traditionally have autonomy in these matters... but this is fucked up

Talk about a perfect scheme to retain power, this pretty much guarantees that the repubs will always own the governors mansion.

[mahatmakanejeeves]

6. If it dates from 1890, I suspect that last thing it would ensure is that Republicans get

elected to anything.

No, I am not Dinesh D'Souza.

[Glorfindel]

9. The Mississippi governor's election of 1999 was decided by this method

In favor of Democrat Ronnie Musgrove. From Wikipedia:

"The 1999 gubernatorial election between Musgrove and Republican Congressman Mike Parker was the closest in Mississippi history. Out of almost three-quarters of a million votes cast, Musgrove had won 8,300 more votes than Parker in a four-way election, but fell a fraction of a percentage point short of receiving a majority (as required by the state's 1890 Constitution). Since neither candidate received a majority of the popular vote, the Mississippi House of Representatives had to select the winner. They chose Musgrove. It was the first time the election of a Mississippi governor was decided by the Mississippi House."

I was living in Mississippi at the time. I'm not Dinesh D'Souza, either!

[rpannier]

19. You're not?! Damn

Was gonna ask how it felt to be an admitted criminal

[Recursion]

22. Musgrove won a plurality, though

It's not (yet) been used to overturn a vote lead.

[bucolic_frolic]

4. The fix is in and its Constitutional

Also a guarantee to one-party rule. Forever.

[onenote]

16. See post #9

Guaranteed? Forever?

I don't like this system, but a better argument needs to be leveled against it than it "guarantees one-party rule forever."

[bluestarone]

5. If this flies, at some point in time we may need

A civil war!

[aggiesal]

7. This is purely designed so that (R)'s always maintain both ...

the Governorship and the legislature majority.

Damn, why didn't we think of that.
Because the same judge would have implemented the injunction.

[rpannier]

20. The Law was made in the late 1800's Unlikely that it was designed to help repubs

[patphil]

8. Does anyone know if the Mississippi House has actually selected a Governor?

[Glorfindel]

10. Yes, it has. They chose a Democrat, Ronnie Musgrove.

From Wikipedia: The 1999 gubernatorial election between Musgrove and Republican Congressman Mike Parker was the closest in Mississippi history.[10] Out of almost three-quarters of a million votes cast, Musgrove had won 8,300 more votes than Parker in a four-way election, but fell a fraction of a percentage point short of receiving a majority (as required by the state's 1890 Constitution). Since neither candidate received a majority of the popular vote, the Mississippi House of Representatives had to select the winner.[11] They chose Musgrove. It was the first time the election of a Mississippi governor was decided by the Mississippi House.[12]

The same thing happened in the Georgia governor's election of 1966. That's how Lester Maddox ended up in the governor's office. The Georgia constitution has since been changed.

[patphil]

15. Thanks.

[rpannier]

21. Lester Maddox.

The guy will (should) go down as one of the true oddities in American politics
Closed his restaurant rather than serve black people.
A supporter of George Wallace in 68
Yet, he appointed more blacks to government positions than did all previous Georgia governors combined.
He integrated the Georgia State Patrol.
He integrated the lines of farmer's markets throughout the state
He appointed African Americans to state executive positions
He mandated that all state patrol officers refer to all motorists (including African Americans) as "Sir" or "Ma'am" and that using the n-word was not acceptable
He helped Bobby Sears. an African-American musician, obtain a pardon, hired him to work in his restaurant and did a nightclub act with him
Called a fool in a Randy Newman song, the only offense he took at the song was this part, "With some smart-ass New York Jew
And the Jew laughed at Lester Maddox." He was offended by 'smart-ass Jew'.
He endorsed Pat Buchanan in 92 and 96
He was a charter member of the Council of Conservative Citizens and remained a member until he died

[mahatmakanejeeves]

14. Kevin Kruse retweeted an explanation

Kevin M. Kruse Retweeted

I don’t know the details of the origins of this provision but Mississippi’s 1890 Redeemer constitution was specifically written to keep blacks — who were a majority of the state population — from holding political power. This kind of requirement does the trick pretty effectively.

Link to tweet

This is a victory against a literal Jim Crow law: Mississippi's 1890 constitution requires candidates for governor to win a majority of the popular vote & carry a majority of state House districts, which Republicans heavily gerrymandered & are biased against black voters

Link to tweet

If no candidate wins a majority of the vote AND a majority of state House districts, the GOP-majority state House could just seat Republican Tate Reeves as the winner even if Democrat Jim Hood wins the popular vote

Link to tweet

If this Jim Crow law remained in place, Jim Hood (D) would have to win the popular vote by a roughly 15% landslide to avoid this outcome, which is why the court signaling it will step in & block it is a huge boon to fairer elections https://www.dailykos.com/story/2019/2/4/1832206/-A-Jim-Crow-law-stacks-the-deck-against-Mississippi-Democrats-Our-new-data-set-shows-just-how-badly …

Link to tweet

[paleotn]

18. Mississippi simply being Mississippi.

Nothing, no matter how backwards or opprssive, from that place surprises me.

[Nitram]

23. Bullshit!