MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Constitution

By: Representative Fleming

House Concurrent Resolution 34

A CONCURRENT RESOLUTION PROPOSING TO AMEND SECTION 241, MISSISSIPPI CONSTITUTION OF 1890, TO RESTORE THE SUFFRAGE OF NONVIOLENT OFFENDERS AND OFFENDERS OF CRIMES WHICH ARE NOT SEX OFFENSES UPON COMPLETION OF THE OFFENDER'S SENTENCE; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend Section 241, Mississippi Constitution of 1890, to read as follows:

     "Section 241.  Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector, except that he shall be qualified to vote for President and Vice President of the United States if he meets the requirements established by Congress therefor and is otherwise a qualified elector.  However, a person convicted of a crime under this section that does not involve sex or violence shall be declared a qualified elector upon completion of his sentence if the person is otherwise a qualified elector under this section.  For the purpose of this section a "nonviolent crime" is a crime in which no person was physically injured or physical injury was not attempted or death did not occur."  

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2006, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment restores the suffrage of persons convicted of nonviolent crimes or crimes not involving sex offenses upon completion of their sentence."