House Concurrent Resolution 38

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTION 241 AND SECTION 253, MISSISSIPPI CONSTITUTION OF 1890, TO DELETE THE ENUMERATION OF SPECIFIC FELONIES, CONVICTION OF WHICH WILL PRECLUDE A PERSON FROM BEING DECLARED A QUALIFIED ELECTOR; TO PROVIDE THAT CONVICTION IN A COURT OF THIS STATE OR OF ANY OTHER STATE OR IN ANY FEDERAL COURT OF ANY FELONY WILL PRECLUDE A PERSON FROM BEING DECLARED A QUALIFIED ELECTOR; TO PROVIDE THAT A PERSON DISQUALIFIED AS AN ELECTOR BY REASON OF CONVICTION OF AN OFFENSE UNDER SECTION 241 OF THIS CONSTITUTION MAY HAVE HIS RIGHT TO VOTE RESTORED UPON COMPLETION OF HIS SENTENCE, PROBATION, PAROLE AND ANY OTHER CONDITIONS AS THE LEGISLATURE, BY GENERAL LAW, MAY PRESCRIBE; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are 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 in a court of this state or any other state or in any federal court of any offense which is a felony under the laws of the jurisdiction in which the conviction occurred, 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.

This section does not disqualify a person as an elector if the person was convicted before ratification of this amendment of an offense that did not disqualify a person as an elector under the provisions of this Constitution in effect immediately before the ratification of this amendment."

II.

Amend Section 253, Mississippi Constitution of 1890, to read as follows:

"Section 253. A person disqualified as an elector by reason of conviction of an offense under Section 241 of this Constitution may have his right to vote restored upon completion of his sentence, probation, parole and any other conditions as the Legislature, by general law, may prescribe."

BE IT FURTHER RESOLVED, That these proposed amendments 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 2010, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as following: "This proposed constitutional amendment provides that conviction in this state, another state or any federal court of any felony disqualifies a person as an elector. The amendment also provides that a person disqualified as an elector by reason of conviction of a felony may have his right to vote restored upon completion of his sentence, probation, parole and any other conditions as the Legislature, by general law, may prescribe."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature of the State of Mississippi, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.