House Concurrent Resolution 82

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 253 AND 241, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A PERSON DISQUALIFIED AS AN ELECTOR BY REASON OF CONVICTION OF CERTAIN FELONY OFFENSES SHALL HAVE HIS RIGHT TO VOTE RESTORED AUTOMATICALLY UPON COMPLETION OF HIS SENTENCE, PROBATION, PAROLE AND ANY OTHER CONDITIONS AS THE LEGISLATURE, MAY PRESCRIBE BY GENERAL LAW; 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 253, Mississippi Constitution of 1890, to read as follows:

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

II.

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 first offense of the crimes enumerated in this section shall be declared a qualified elector upon completion of his sentence if the person complies with the requirements provided in Section 253 of this Constitution and is otherwise a qualified elector under this section."

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 2012, 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 follows: "This proposed amendment provides that a person who loses his right to vote because of conviction of a first offense of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy shall have his right to vote restored automatically upon completion of his sentence, probation, parole and any other conditions as the Legislature may prescribe by general law."

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.