The Independent View: Jim Crow Law Stacks Deck Against MS Democrats

Attorney General Jim Hood (D) is running for Governor of Mississippi this year, and a Jim Crow-era Law means that Hood could Lose even if he Wins the Most Votes on Election Day. That’s because the State's 1890 Constitution Requires Gubernatorial Candidates to Win both a Majority of the Statewide Vote and a Majority of the 122 Districts that make up the State House.

If No Candidate Wins both the Popular Vote and a Majority of Districts, the State House, where Republicans hold a Wide 74-48 Majority, then Picks a Winner from the Top Two Finishers. Given the GOP’s Majority it’s unlikely they’d choose Hood, even if he Wins the most Votes. And thanks to Mississippi’s Gerrymandered Map, which the GOP drew up in 2012, it’ll be difficult for Hood to carry 62 House Seats.

It’s Difficult enough for a Democrat to Win Statewide Office in Mississippi, a State that Backed Trump 58-40. By requiring Candidates to Win Both a Majority of the Vote and a Majority of the State House Districts under a Map Gerrymandered to Aid the GOP, the Deck is Stacked against Team Blue.

And None of this is an Accident: This Perverse Provision has its Roots in a Racist 19th Century Constitution that was Explicitly Designed to Eliminate the Power of Black Voters, the same Voters who now make up much of the Democratic Base in Mississippi.

Consequently, there's a Strong Case to be made that this System both Violates the Federal Voting Rights Act and perhaps even the Supreme Court's "one person, one vote" Jurisprudence, since an Equal Number of Votes won't be Cast in each State House District.

Indeed, the Supreme Court in 1963 Struck Down Georgia's system of Determining Statewide Primary Contests by a so-called "County Unit System" that gave Rural Voters Excess Weight. However, a Proposal to Repeal Mississippi's system Failed in the Legislature last year.

One Reason this Law likely still Remains on the Books is that Mississippi has never seen a Candidate Win the Statewide Vote while Losing the District-Level Vote.

The Closest this system ever came to being Tested was Gov. Ronnie Musgrove's (D) 1999 Election, when he won a 49.6%-48.5% Plurality over Mike Parker (R). Both Candidates carried exactly Half of the State House Districts, but Democrats still Dominated the Legislature at that point, and they easily Elected Musgrove.

Mississippi Democrats Missed a Key Opportunity back then to Scrap this Unfair Law. However, it may not be too late for Voting Rights Advocates to go to Court to Remove this Ugly Remnant of the Jim Crow Era from the Books.

But Election Day is Nov. 5, so the Clock is Ticking Loudly.