Mississippi Election System
McLemore v. Hosemann, 3:19-cv-383 (S.D. Miss. 2019)
Federal constitutional and Voting Rights Act challenge to Sections 140, 141, and 143 of the Mississippi constitution, which require a candidate for statewide office to win a majority of the popular vote and a majority of state house districts in order to be elected. If no candidate satisfies both requirements, the State House of Representatives then decides the election by selecting one of the two candidates with the highest statewide vote total. The framers of the 1890 Mississippi Constitution originally devised this electoral system with the explicit purpose of diluting African American voting strength, and the lawsuit seeks to enjoin the enforcement of these provisions which violate federal constitutional and statutory laws.