Robert G. Clark, Jr., Voting Rights Act of Mississippi; create.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Summers, Crudup,
Karriem, Anthony, Nelson, Scott, Brown,
Watson, Banks, Johnson, Clark, Hulum, Hines,
Crosby, Anderson (110th), McCray, James-
Jones, Butler-Washington, Elliott, Porter,
Thompson, Faulkner

HOUSE BILL NO. 1446

AN ACT TO BE KNOWN AS THE "ROBERT G. CLARK, JR., VOTING 1
RIGHTS ACT OF MISSISSIPPI"; TO DECLARE CERTAIN FINDINGS; TO DEFINE 2
CERTAIN TERMS; TO PROHIBIT POLITICAL SUBDIVISIONS AND STATE 3
AGENCIES FROM ENGAGING IN VOTER SUPPRESSION; TO CREATE THE 4
MISSISSIPPI VOTING RIGHTS COMMISSION AND PROVIDE FOR ITS 5
MEMBERSHIP; TO REQUIRE THE IMPLEMENTATION OF CERTAIN POLICIES BY 6
POLITICAL SUBDIVISIONS TO BE PRECLEARED BY THE COMMISSION; TO 7
ESTABLISH PROTECTIONS FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS 8
AND VOTERS WITH DISABILITIES; TO REQUIRE THE COMMISSION TO 9
ESTABLISH, IN AGREEMENT WITH CERTAIN STATE UNIVERSITIES, THE 10
MISSISSIPPI VOTING AND ELECTIONS DATABASE AND INSTITUTE; TO 11
PROHIBIT ACTS OF INTIMIDATION, DECEPTION AND OBSTRUCTION THAT 12
AFFECT VOTERS' RIGHT TO PARTICIPATE IN ELECTIONS; TO REQUIRE 13
POLITICAL SUBDIVISIONS TO PROVIDE ADVANCE NOTICE OF CHANGES TO 14
ELECTION POLICIES; TO REQUIRE LAWS AND REGULATIONS OF THE STATE 15
AND POLITICAL SUBDIVISIONS TO BE LIBERALLY CONSTRUED; TO AUTHORIZE 16
AGGRIEVED INDIVIDUALS AND THE ATTORNEY GENERAL TO BRING ACTIONS 17
FOR VIOLATIONS UNDER THE ACT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. This act shall be known and may be cited as the 20
"Robert G. Clark, Jr., Voting Rights Act of Mississippi". 21
SECTION 2. The Legislature finds that in order to advance 22
the protections for the right to vote under the Mississippi 23
Constitution of 1890 and the United States Constitution; the 24
guarantees of equal protection, freedom of expression, and freedom 25
of association under the Mississippi Constitution of 1890 and 26
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United States Constitution; to protect against the suppression, 27
dilution and abridgment of voting rights on account of race, color 28
or membership in a language minority group; and to honor and 29
advance the legacy of Robert G. Clark, Jr., the first Black member 30
of the Mississippi Legislature elected after Reconstruction, it is 31
the public policy of this State to: 32
(a) Encourage participation in the elective franchise 33
by all eligible voters to the maximum extent; and 34
(b) Ensure that eligible voters have an equal 35
opportunity to participate in the political processes of this 36
state and to exercise the elective franchise without denying or 37
abridging that opportunity on account of race, color or membership 38
in a language minority group. 39
SECTION 3. As used in this act, the following words and 40
phrases have the meanings provided in this section unless the 41
context clearly requires otherwise: 42
(a) "Election policy or practice" means a qualification 43
to be a voter, prerequisite to voting, method of election, or any 44
other law, statute, ordinance, resolution, charter or code 45
provision, regulation, rule, policy, practice, procedure, 46
standard, or any other action with respect to voting, electoral or 47
jurisdictional boundaries, or the administration or schedule of 48
elections. 49
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(b) "Governing body" means the entity with official 50
authority to make and enforce decisions, policies and laws for a 51
political subdivision. 52
(c) "Limited English proficient individuals" or "LEP 53
individuals" means individuals who self-report speaking, reading 54
or understanding the English language less than "very well," 55
according to the United States Census Bureau data or data of 56
comparable quality collected by a governmental entity, including 57
as self-reported by such persons to a governmental entity. 58
(d) "Method of election" means the manner or mechanism 59
by which candidates are elected to a governmental body of a 60
political subdivision, including any at-large, district-based, 61
proportional, semi-proportional or other method of election, as 62
well as a districting or redistricting plan used to elect 63
candidates to the governmental body. 64
(e) "Polling location" means a location designated by 65
the county or municipality for the casting of ballots, including, 66
but not limited to, election day voting sites and absentee voting 67
sites. 68
(f) "Political subdivision" means a county, 69
municipality, jurisdiction, school district, election commission, 70
circuit clerk or other governmental entity in which elections are 71
conducted or that administers elections, or the staff or agents of 72
such entity. 73
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(g) "Protected class" means a group of individuals who 74
are members of a race, color or language minority, including, but 75
not limited to, a class of two or more such groups, and includes 76
individuals who are members of a minimum reporting category that 77
has been officially recognized by the United States Census Bureau. 78
(h) "Racially polarized voting" means voting in which 79
there is a divergence in the candidate preferences, political 80
preferences, or electoral choices of members in a protected class, 81
including the combined preferences of a class comprised of two or 82
more groups of voters, from the candidate preferences, political 83
preferences, or electoral choices of members of another class or 84
set of classes. 85
(i) "Disability" has the same meaning used in the 86
Americans with Disabilities Act, 42 USC Section 12102. 87
(j) "Qualifying school" means a public or private 88
school accredited by a United States territory or the Commonwealth 89
of Puerto Rico in which the predominant classroom language is 90
other than English. 91
(k) "Vote" or "voting" means all action necessary to 92
make a vote effective in any primary, special or general election, 93
including, but not limited to, registration or other action 94
required by law prerequisite to voting, casting a ballot by any 95
method permitted by law, including any method available as a 96
remedy under this act, and having such ballot counted properly and 97
included in the appropriate totals of votes received. 98
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SECTION 4. (1) A political subdivision or state agency may 99
not engage in voter suppression as set forth in this section. 100
(a) A political subdivision or state agency may not 101
implement, impose or enforce an election policy or practice that 102
results in, is likely to result in, or is motivated in whole or in 103
part by the intent to result in, voter suppression. 104
(b) A violation of paragraph (a) is established if the 105
following is present: 106
(i) A material disparity affecting protected class 107
members in voter participation, access to voting opportunities, or 108
the opportunity or ability to participate in any stage of the 109
political process as a result of the policy or practice; or 110
(ii) Based on the totality of circumstances, an 111
impairment of the equal opportunity or ability of protected class 112
members to participate in any stage of the political process. 113
(c) There is no violation under paragraph (b)(i) if the 114
political subdivision or state agency demonstrates by clear and 115
convincing evidence that: 116
(i) The election policy or practice is necessary 117
to significantly further a compelling and particularized 118
governmental interest; and 119
(ii) There is no reasonable alternative election 120
policy or practice that comparably furthers the compelling and 121
particularized governmental interest and results in a smaller 122
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disparity between protected class members and other members of the 123
electorate. 124
(d) A violation also may be established through direct 125
or circumstantial evidence of intentional discrimination; however, 126
evidence of intentional discrimination, including evidence 127
concerning the intent of electors, elected officials, or public 128
officials to discriminate against protected class members, is 129
never required under subsection (1)(b). 130
(2) A political subdivision may not engage in vote dilution 131
as set forth in this subsection. 132
(a) A political subdivision may not employ any method 133
of election that has the effect, will likely have the effect, or 134
is motivated in part by the intent, of diluting the vote of 135
protected class members. 136
(b) A violation of paragraph (a) is established if: 137
(i) 1. Elections in the political subdivision 138
exhibit racially polarized voting resulting in an impairment of 139
the equal opportunity or ability of protected class members to 140
nominate or elect candidates of their choice; or 141
2. Based on the totality of circumstances, 142
the equal opportunity or ability of protected class members to 143
nominate or elect candidates of their choice is impaired; and 144
(ii) Another method of election or change to the 145
existing method of election exists that could be constitutionally 146
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adopted or ordered under Section 11(f) would likely mitigate the 147
impairment. 148
(c) A violation also may be established through direct 149
or circumstantial evidence of intentional discrimination; however, 150
evidence of intentional discrimination, including evidence 151
concerning the intent of electors, elected officials, or public 152
officials to discriminate against protected class members, is 153
never required under subsection (2)(b). 154
(3) A political subdivision may not engage in vote dilution 155
as set forth in this subsection. 156
(a) As required by Section 5 of the Mississippi 157
Constitution of 1890, which declares that "All political power is 158
vested in, and derived from, the people; all government of right 159
originates with the people, is founded upon their will only, and 160
is instituted solely for the good of the whole," and Section 240 161
of the Mississippi Constitution of 1890, which declares that "All 162
elections by the people shall be by ballot," in any redistricting 163
plan under Section 254 of the Mississippi Constitution of 1890, 164
the districts shall be configured in such a way as to provide 165
adequate representation to protected classes protected by federal 166
and state law. Therefore, as explained in paragraph (b), no 167
senatorial districts and representative districts shall be drawn 168
such that the redistricting plan has the effect, or is motivated 169
in part by the intent, of impairing the opportunity or ability of 170
members of a protected class to participate in the political 171
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process and elect or nominate candidates of their choice or 172
otherwise influence the outcome of elections as a result of 173
diluting the vote of such protected class members. The 174
requirements imposed by this paragraph are in addition and 175
subordinate to any requirements or obligations imposed by the 176
United States Constitution, any federal law regarding 177
redistricting senatorial and representative districts, including, 178
but not limited to, the federal Voting Rights Act of 1965 and the 179
Mississippi Constitution of 1890. 180
(b) A redistricting plan under Section 254 of the 181
Mississippi Constitution of 1890 for senatorial districts and 182
representative districts violates this subsection if: 183
(i) 1. Elections in one or more senatorial or 184
representative districts exhibit racially polarized voting 185
resulting in an impairment of the equal opportunity or ability of 186
protected class members to nominate or elect candidates of their 187
choice; or 188
2. Based on the totality of the 189
circumstances, the equal opportunity or ability of protected class 190
members to nominate or elect candidates of their choice or 191
otherwise influence the outcome of elections is impaired; and 192
(ii) One or more reasonably configured alternative 193
redistricting plans exist which would cure or mitigate the 194
impairment described in subparagraph (i) by providing members of a 195
protected class an equal opportunity or ability to nominate and 196
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elect candidates of their choice. For any such reasonably 197
configured alternative redistricting plan, it is not necessary to 198
show that members of a protected class comprise a majority in any 199
such districts. 200
(4) Subsections (1) through (3) are evaluated subject to the 201
guidelines and rules enumerated below. 202
(a) To evaluate the totality of circumstances under 203
subsections (1)(b)(ii), (2)(b)(i)1 or (3)(b)(i)2: 204
(i) The following factors may be relevant: 205
1. The history of discrimination with respect 206
to the protected class at issue; 207
2. The extent to which members of the 208
relevant protected class are disadvantaged or otherwise bear the 209
effects of public or private discrimination in areas such as 210
education, employment, health, criminal justice, housing, 211
transportation, land use or environmental protection; 212
3. The use of any election policy or practice 213
that may enhance the discriminatory or dilutive effects of the 214
relevant election policy or practice or method of election in the 215
political subdivision; 216
4. The extent to which members of the 217
relevant protected class vote or register to vote at lower rates; 218
5. The extent to which members of the 219
relevant protected class have historically made campaign 220
contributions at lower rates; 221
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6. The extent to which candidates who are 222
members of the relevant protected class members have faced 223
hostility or barriers with respect to campaigning, getting on the 224
ballot, receiving financial support, or receiving any other 225
support for an election; 226
7. The use of overt or subtle racial appeals, 227
whether in the course of political campaigns or by government 228
officials, including racial appeals made in public discourse or in 229
connection with the adoption or maintenance of the election policy 230
or practice; 231
8. The extent to which the members of the 232
relevant protected class have been elected to office; 233
9. The lack of responsiveness by elected 234
officials to the particular needs of members of the relevant 235
protected class or a community of members of the relevant 236
protected class; 237
10. Whether the election policy or practice 238
is necessary to significantly further a compelling and 239
particularized governmental interest; 240
11. The process that led to the adoption of 241
the election policy or practice; and 242
12. Other factors deemed relevant. 243
(ii) No set number or combination of these factors 244
must be met to determine that a violation occurred. 245
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(iii) There is no requirement that evidence must 246
affect all individuals or groups within a protected class to be 247
relevant. 248
(iv) For alleged violations pertaining to a 249
particular political subdivision or senatorial or representative 250
district, evidence of these factors may be deemed more probative 251
if it relates to the political subdivision or senatorial or 252
representative district in which the alleged violation occurred, 253
but evidence related to the state or the geographic region in 254
which that political subdivision or senatorial or representative 255
district is located may also be probative. The fact that similar 256
or worse circumstances may exist in other political subdivisions 257
or district does not reduce the probative value of the evidence 258
relevant to the particular political subdivision or district. 259
(b) To determine whether elections in the political 260
subdivision or senatorial or representative district exhibit 261
racially polarized voting under Section (2)(b)(i)1 or (3)(b)(i)2: 262
(i) Racially polarized voting is assessed based on 263
the relevant election results, which may include, but are not 264
limited to, elections for offices of the political subdivision or 265
senatorial or representative district; elections held in the 266
political subdivision or senatorial or representative district for 267
other offices, such as state or federal offices; and other 268
electoral choices that bear on the rights and privileges of the 269
protected class. 270
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(ii) No set number or combination of elections is 271
required to establish the existence of racially polarized voting. 272
1. Evidence of nonpolarized voting in 273
elections for offices outside the political subdivision or 274
senatorial or representative district does not preclude a finding 275
of racially polarized voting based on elections for offices of the 276
political subdivision or senatorial or representative district. 277
2. Nonstatistical or nonquantitative evidence 278
does not preclude a finding of racially polarized voting based on 279
statistical or quantitative evidence. 280
3. Low or high turnout or registration rates 281
among protected class members does not preclude a finding of 282
racially polarized voting. 283
(iii) When assessing the combined candidate 284
preferences, political preferences, or electoral choices of a 285
protected class comprised of two or more groups of voters, there 286
is no requirement that it be statistically shown that each group 287
or subgroup be separately polarized from those of other voters. 288
(iv) The causes of racially polarized voting are 289
not relevant, and the existence of alternative explanations, 290
including partisan explanations, does not preclude a finding of 291
racially polarized voting. 292
(c) When evaluating whether a violation of this section 293
is present: 294
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(i) The following circumstances are never 295
relevant: 296
1. The absolute number or share of protected 297
class members on whom the election policy or practice imposes a 298
material burden is small; 299
2. The degree to which the election policy or 300
practice has a long pedigree or was in widespread use at some 301
earlier date; 302
3. The use of an identical or similar 303
election policy or practice in other states or political 304
subdivisions; or 305
4. The availability of forms of voting 306
unimpacted by the election policy or practice. 307
(ii) A governmental interest in preventing voter 308
fraud or bolstering voter confidence in the integrity of elections 309
is irrelevant unless there is substantial evidence that criminal 310
activity by individual electors has occurred in the political 311
subdivision in substantial numbers and the connection between the 312
election policy or practice and a state interest in preventing 313
that type of criminal activity or bolstering voter confidence in 314
the integrity of elections is supported by substantial evidence. 315
(iii) Whether protected class members typically 316
elect candidates of their choice to the governing body in 317
approximate proportion to their total number or share of the 318
population may be relevant under Section 3(2). 319
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(iv) For the purpose of satisfying Section 3(2), 320
including in particular Section 3(2)(b)(ii), it is not necessary 321
for the total number or share of protected class members to exceed 322
any numerical threshold in any district or in the political 323
subdivision as a whole. 324
(v) Upon finding a violation of this Section, 325
notwithstanding any other law, a court must exercise its equitable 326
powers to fashion relief so it completely remedies the dilution or 327
suppression, which may include, but is not limited to, altering 328
the method of election used by the political subdivision. 329
SECTION 5. (1) There is established the Mississippi Voting 330
Rights Commission. The Mississippi Voting Rights Commission has 331
the authority to promulgate rules under the Mississippi 332
Administrative Procedures Law. 333
(2) (a) The commission shall consist of five (5) 334
commissioners, each of whom shall serve staggered five-year terms. 335
(b) Commissioners shall be compensated for their time 336
spent on commission business at an hourly rate based on the rate 337
equivalent to an assistant attorney general. 338
(3) (a) A nominating committee shall be formed to identify 339
qualified candidates to serve as members of the commission. The 340
nominating committee shall be comprised of nominating 341
organizations. Organizations may apply with the Secretary of 342
State to be certified as a nominating organization for five-year 343
terms, at which point organizations may be recertified. The 344
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Secretary of State must certify any organization that applies to 345
be a nominating organization if the organization: 346
(i) Demonstrates commitment to the purpose of the 347
commission by securing the voting rights of members of a protected 348
class as defined by the commission, including, but not limited to, 349
reference to members of a protected class in its mission 350
statement, involvement in numerous voting rights cases brought 351
within the state on behalf of members of protected classes, or 352
involvement in advocacy in support of members of protected classes 353
or the commission; 354
(ii) Has registered as a nonprofit corporation 355
with the Secretary of State; and 356
(iii) Demonstrates continuous operation as a 357
nonprofit organization under 26 USC Section 501(c)(3) or as a 358
nonprofit corporation registered with the Secretary of State for 359
at least five (5) years. 360
(b) If the Secretary of State fails to timely certify 361
an organization that satisfies these qualifications following the 362
organization's application to be certified as a nominating 363
organization, the organization may file an action against the 364
Secretary of State for a declaratory judgment certifying the 365
organization as a nominating organization. 366
(c) A nominating organization may be removed for cause 367
by a majority vote of all of the nominating organizations. 368
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(d) If there are fewer than sixteen (16) nominating 369
organizations certified by the Secretary of State, the nominating 370
committee shall consist of all of the nominating organizations. 371
If there are sixteen (16) or more nominating organizations 372
certified by the Secretary of State, the nominating committee 373
shall consist of sixteen (16) nominating organizations to be 374
randomly selected from all nominating organizations on an annual 375
basis. 376
(e) The nominating committee shall select its own chair 377
to preside over meetings and voting. 378
(4) Commissioners shall be selected as follows: 379
(a) The nominating committee shall solicit applications 380
to serve as a commissioner from across the state. A commissioner 381
must meet all of the following criteria: 382
(i) Be a Mississippi resident. 383
(ii) Be a member of the Mississippi State Bar with 384
at least five (5) years of legal experience. 385
(iii) Has demonstrated experience representing or 386
advocating on behalf of members of protected classes. 387
(iv) Has not served in elected office within the 388
previous five (5) years. 389
(v) Is not currently serving in any government 390
office or holding any political party office. 391
(b) The nominating committee shall maintain a qualified 392
candidate pool consisting of thirty (30) qualified candidates to 393
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serve on the commission. Individuals shall only be added to the 394
qualified candidate pool upon a three-fifths (3/5) vote of the 395
nominating committee. The size of the qualified candidate pool 396
may be increased or decreased from thirty (30) qualified 397
individuals by a three-fifths (3/5) vote of the nominating 398
committee. 399
(c) All commissioners shall be randomly selected from 400
the qualified candidate pool. Upon the initial formation of the 401
commission, five (5) commissioners shall be randomly selected from 402
the qualified candidate pool and randomly assigned to term lengths 403
of five (5) years, four (4) years, three (3) years, two (2) years, 404
and one (1) year. At least sixty (60) days before the conclusion 405
of each commissioner's term, a new commissioner shall be randomly 406
selected from the qualified candidate pool to serve a five-year 407
term upon the conclusion of the current commissioner's term. 408
Within thirty (30) days after a vacancy occurs on the commission, 409
a new commissioner shall be randomly selected from the qualified 410
candidate pool to complete the vacant term. 411
(f) The commission may hire staff and make expenditures 412
as necessary to carry out its responsibilities. 413
SECTION 6. (1) The implementation of a covered policy, as 414
defined in Section 5(3), by a covered political subdivision, as 415
defined in Section 5(4), must be subject to preclearance by the 416
Mississippi Voting Rights Commission pursuant to this section. 417
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(2) The Mississippi Voting Rights Commission is responsible 418
for administering this section. 419
(a) The Mississippi Voting Rights Commission must 420
determine on a fixed date on an annual basis which political 421
subdivisions are covered and publish a list of covered political 422
subdivisions on its website no later than thirty (30) days after 423
making such determinations. 424
(b) All coverage determinations must be made by the 425
Mississippi Voting Rights Commission based on data provided by the 426
Database and Institute pursuant to Section 7, or if no such data 427
is available, from other reputable sources, including, but not 428
limited to, the U.S. Census Bureau data from the American 429
Community Survey and other federal or state offices. To the 430
extent that necessary data is not available, the Mississippi 431
Voting Rights Commission must base coverage determinations on 432
estimates derived from available data using validated 433
methodologies. 434
(c) The Mississippi Voting Rights Commission must give 435
notice directly to each covered political subdivision and provide 436
to them the corresponding requirements accompanying such coverage. 437
(d) The Mississippi Voting Rights Commission must 438
promulgate rules to implement this section. 439
(3) A covered policy includes the following: 440
(a) Any new or modified election policy or practice. 441
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(b) Any change in the powers, duties, responsibilities, 442
jurisdiction, or authority of an elected official, or any action 443
or policy that has the purpose or effect of diminishing, 444
reassigning, or altering the functional role or influence of an 445
elected official. 446
(c) Any new or modified method of election or 447
maintenance of a method of election following a decennial census. 448
(4) Covered political subdivisions include: 449
(a) Any political subdivision that, at any point in the 450
previous twenty-five (25) years, has been subject to a court order 451
based upon a judicial finding of a qualifying violation or its 452
factual predicate; or subject to a consent decree or 453
court-approved settlement agreement in which a qualifying 454
violation was conceded or stipulated by the political subdivision. 455
A qualifying violation includes: 456
(i) A violation of this act, the federal Voting 457
Rights Act, the 15th or 24th Amendment to the United States 458
Constitution, a voting-related violation of the 14th Amendment to 459
the United States Constitution, or any violation of any other 460
state or federal election law, concerning discrimination against 461
protected class members; or 462
(ii) A violation of any state or federal civil 463
rights law or the 14th Amendment to the United States Constitution 464
concerning a pattern, policy, or practice of discrimination 465
against protected class members. 466
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(b) Any political subdivision that, at any point in the 467
last twenty-five (25) years, enacted or implemented a covered 468
policy without obtaining preclearance for that policy pursuant to 469
this section. 470
(c) Any political subdivision that contains at least 471
one thousand (1,000) eligible voters of any protected class, or in 472
which members of any protected class constitute at least ten 473
percent (10%) of the eligible voter population of such political 474
subdivision, and in which, at any point in the last ten (10) 475
years, the percentage of voters of any protected class in a 476
political subdivision which participated in any general election 477
for any political subdivision office was at least ten (10) 478
percentage points lower than the percentage of all voters in the 479
political subdivision that participated in such election. 480
(d) Any political subdivision that contains at least 481
one thousand (1,000) eligible voters of any protected class, or in 482
which members of any protected class constitute at least ten 483
percent (10%) of the eligible voter population of the political 484
subdivision, and in which, at any point in the last ten (10) 485
years, the percentage of eligible voters of that protected class 486
who were registered to vote was at least ten (10) percentage 487
points lower than the percentage of all eligible voters in the 488
political subdivision who were registered to vote. 489
(e) Any political subdivision that contains at least 490
one thousand (1,000) eligible voters of any protected class, or in 491
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which members of any protected class constitute at least ten 492
percent (10%) of the eligible voter population of the political 493
subdivision, and in which, at any point in the last ten (10) 494
years, the poverty rate among the population of a protected class 495
exceeded the poverty rate among the population of the political 496
subdivision as a whole by at least ten (10) percentage points. 497
(f) Any political subdivision that contains at least 498
one thousand (1,000) eligible voters of any protected class, or in 499
which members of any protected class constitute at least ten 500
percent (10%) of the eligible voter population of the political 501
subdivision, and in which, at any point in the last ten (10) 502
years, the arrest rate among members of such protected class 503
exceeded the arrest rate among the population of the political 504
subdivision as a whole by at least ten (10) percentage points. 505
(g) Any political subdivision that contains at least 506
one thousand (1,000) eligible voters of any protected class, or in 507
which members of any protected class constitute at least ten 508
percent (10%) of the eligible voter population of the school 509
district, and in which, at any point in the last ten (10) years, 510
the percentage of eligible voters of that protected class who have 511
a high school diploma was at least ten (10) percentage points 512
lower than the percentage of all eligible voters in the political 513
subdivision who have a high school diploma. 514
(h) Any political subdivision that, at any point in the 515
last three (3) years, has failed to comply with obligations to 516
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provide data or information to the statewide database pursuant to 517
Section 7. 518
(5) Preclearance submissions must be evaluated in accordance 519
with the standard set forth in this section: 520
(a) Preclearance must be denied if: 521
(i) The covered policy is more likely than not to 522
diminish the opportunity or ability of members of the protected 523
class that provided a basis for preclearance to participate in the 524
political process and, in order of priority: elect candidates of 525
their choice; or otherwise influence the outcome of elections; or 526
(ii) The covered policy is more likely than not to 527
violate this act with respect to claims that could be brought by 528
members of the protected class that provided a basis for 529
preclearance. 530
(b) If denial is not required under Section 5(5)(a), 531
preclearance must be granted. 532
(c) Covered political subdivisions bear the burden of 533
demonstrating that preclearance must be granted under this 534
standard. 535
(6) Covered political subdivisions must obtain preclearance 536
for covered policies in accordance with this section. 537
(a) Covered political subdivisions must submit covered 538
policies to the Mississippi Voting Rights Commission in writing 539
pursuant to procedures determined by the Mississippi Voting Rights 540
Commission. 541
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(b) The Mississippi Voting Rights Commission must 542
ensure that preclearance submissions and any related materials 543
that are submitted to the Mississippi Voting Rights Commission by 544
covered political subdivisions or other interested parties are 545
posted in a central location on its website in a timely fashion. 546
The Mississippi Voting Rights Commission must ensure that members 547
of the public have reasonable opportunity to review and submit 548
comments for consideration by the Mississippi Voting Rights 549
Commission before preclearance determinations are made. 550
(c) If the Mississippi Voting Rights Commission denies 551
preclearance to a covered policy, the covered political 552
subdivisions may not implement the covered policy. The 553
Mississippi Voting Rights Commission must provide a written 554
explanation for any denial. 555
(d) If the Mississippi Voting Rights Commission grants 556
preclearance to a covered policy, the covered political 557
subdivision may immediately implement the covered policy. 558
(e) A determination by the Mississippi Voting Rights 559
Commission to grant preclearance is not admissible in, and may not 560
be considered by, a court in any subsequent action challenging the 561
covered policy. It does not preclude, bar or limit in any way any 562
other claims that may be brought regarding the covered policy, 563
including claims brought under other sections of this act. 564
Effective Date. This Section takes effect one year after the 565
enactment of this Act. 566
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SECTION 7. (1) The Mississippi Voting Rights Commission is 567
responsible for administering this section. 568
(a) The Mississippi Voting Rights Commission must 569
determine every two (2) years which political subdivisions meet 570
the demographic threshold for language access coverage per the 571
parameters of Section 6(2) and publish a list of covered political 572
subdivisions and the languages for which they are required to 573
provide language access on its website, no later than thirty (30) 574
days after making such determinations. 575
(b) All coverage determinations must be made by the 576
Mississippi Voting Rights Commission based on data from the 577
Database and Institute produced and maintained pursuant to Section 578
10, or if no such data is available, from the U.S. Census Bureau 579
data from the American Community Survey or other data of 580
comparable quality collected by a public office. To the extent 581
that necessary data is not available, the Mississippi Voting 582
Rights Commission must base coverage determinations on estimates 583
derived from available data using validated methodologies. 584
(c) The Mississippi Voting Rights Commission must give 585
notice directly to each covered political subdivision specifying 586
the language or languages for which the subdivision is covered, 587
and the corresponding requirements accompanying such coverage. 588
(d) The Mississippi Voting Rights Commission must 589
promulgate rules to implement this section. 590
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(2) Political subdivisions will be required to implement 591
language assistance programs when found to meet certain 592
demographic thresholds for voting-eligible LEP individuals in 593
accordance with this section. 594
(a) The Mississippi Voting Rights Commission must 595
designate one or more languages, other than English, for which 596
language assistance in voting and elections must be provided Tier 597
1 assistance as required in Section 6(3)(a) by a state agency or a 598
political subdivision responsible for election administration if: 599
(i) More than two percent (2%), but in no instance 600
fewer than two hundred (200) individuals, of the voting-eligible 601
population of a political subdivision are members of a single 602
language minority and are LEP individuals; or 603
(ii) More than five percent (5%) of the 604
voting-eligible population of such political subdivision are 605
members of a single language minority and are LEP individuals; or 606
(iii) In the case of a political subdivision that 607
contains in whole or in part a Native American reservation or 608
other Tribal land, more than two percent (2%) of the Native 609
American voting-eligible population within the relevant Native 610
American reservation or other Tribal land are members of a single 611
language minority and are LEP individuals. 612
(b) If the voting-eligible population of any language 613
minority group in one or more political subdivisions does not meet 614
the criteria necessary for Tier 1 assistance in Section 6(2)(a), 615
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the Mississippi Voting Rights Commission must designate one or 616
more languages, other than English, for which Tier 2 language 617
assistance in voting and elections must be provided as required in 618
Section 6(3)(b) by a state agency or a political subdivision 619
responsible for election administration if it is determined that: 620
(i) More than one percent (1%), but in no instance 621
fewer than one hundred (100) individuals, of the voting-eligible 622
population of a political subdivision are members of a single 623
language minority and are LEP individuals; or 624
(ii) More than three percent (3%) of the 625
voting-eligible population of such political subdivision are 626
members of a single language minority and are LEP individuals; or 627
(iii) In the case of a political subdivision that 628
contains in whole or in part a Native American reservation or 629
other Tribal land, more than two percent (2%) of the Native 630
American voting-eligible population within the relevant Native 631
American reservation or other Tribal land are members of a single 632
language minority and are LEP individuals. 633
(3) Political subdivisions covered under Section 6(2)(a) or 634
Section 6(2)(b) must provide language assistance in accordance 635
with the relevant subsection below. Compliance with this section 636
requires materials and assistance to be provided in a way designed 637
to allow voters who are members of a single language minority to 638
be effectively informed of and participate effectively in 639
voting-connected activities. 640
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(a) A political subdivision required to provide Tier 1 641
language assistance in a particular language other than English 642
pursuant to Section 6(2)(a) must ensure that each of the following 643
forms of voting assistance is effectively translated and provided 644
to LEP voters: 645
(i) Multilingual ballots – All official and sample 646
ballots used on election day and for absentee or mail voting must 647
be fully translated into the covered language and made available 648
to voters in all voting locations and online. 649
(ii) Voter registration forms and instructions – 650
All forms used for voter registration, including online, mail, and 651
in-person registration, along with any explanatory materials, must 652
be provided in the covered language. 653
(iii) Voting-related notices – All public notices 654
relating to the electoral process, including notices about 655
registration deadlines, polling location changes, voter education 656
materials, and voting instructions that provide direction during 657
the voting process must be fully translated and disseminated in 658
the covered language to the same extent that English-language 659
notices are made available, including, but not limited to, notices 660
pursuant to Section 9. 661
(iv) Notice of in-language assistance availability 662
– Signage identifying the availability of translated ballots, 663
bilingual poll workers, and live over-the-phone interpretation 664
services must be made available in the covered language on the 665
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political subdivision's website, at local elections offices, and 666
at polling locations. 667
(v) In-person bilingual poll workers and 668
interpreters – Covered political subdivisions must have sufficient 669
trained bilingual poll workers or interpreters available at each 670
in-person voting site to provide effective language assistance in 671
the covered language to any voters who need it. Bilingual staff 672
must be easily identifiable by LEP voters through prominently 673
displayed badges or other identifying materials indicating their 674
bilingual capabilities. 675
(vi) Bilingual staff – Each political subdivision 676
must have a year-round bilingual staff member who is trained in 677
its election and voting procedures and able to respond to 678
questions, issues, and the needs of covered language speakers 679
within the political subdivision. 680
(vii) Live interpretation services via telephone – 681
Live language interpretation services by telephone, allowing 682
voters to request and receive real-time assistance in the covered 683
language during early voting, on election day, and for any 684
voter-related inquiries year-round, must be provided. 685
(viii) Website – Any information relating to voter 686
registration, polling locations, official ballots, or other 687
voting-related materials and notifications provided on the website 688
used by a political subdivision to share information related to 689
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elections and voting must be made available in the covered 690
language. 691
(b) A political subdivision required to provide Tier 2 692
language assistance in a particular language other than English 693
pursuant to Section 6(2)(b) must provide the following physical 694
and online voting materials in the covered language: 695
(i) Sample ballots – Sample ballots must be 696
translated into the covered language and made available at polling 697
locations and online, if English-language sample ballots are 698
provided online. 699
(ii) Voter registration forms and instructions – 700
Voter registration forms and instructions must be provided in the 701
covered language to the same extent and manner as made available 702
in English, including direct mailings requested by a voter. 703
(iii) Polling location changes and relocation 704
notices – Any notifications about polling location changes or 705
relocations must be provided in the covered language and 706
disseminated in the covered language to the same extent that 707
English-language notices are made available. 708
(iv) Notice of in-language assistance availability 709
– In-language signage identifying the availability of covered 710
language sample ballots and live over-the-phone interpretation 711
services must be made available on the political subdivision's 712
website, a local elections office, and at polling locations during 713
voting periods. 714
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(v) Live interpretation services via telephone – 715
The board of elections or political subdivision must provide live 716
language interpretation services by telephone, allowing voters to 717
request and receive real-time assistance in the covered language 718
during early voting, on election day, and for any voter-related 719
inquiries year-round. 720
(c) Where a state agency creates, produces, or 721
disseminates relevant physical or online electoral and voting 722
materials for or to political subdivisions subject to the 723
requirements of this section, the State must also comply with the 724
requirements of this section. 725
(4) For covered languages that do not have a written form or 726
for which use of the written form is limited, the subdivision 727
shall provide recordings of oral translations or provide taglines 728
or signage indicating how to access oral translations of required 729
written assistance. 730
(5) No voter who has attended a qualifying school may be 731
denied the right to vote in any state or local election because of 732
their inability to read, write, understand, or interpret any 733
matter in the English language. 734
(6) The Mississippi Voting Rights Commission must establish 735
a review process under which the Mississippi Voting Rights 736
Commission must determine, upon receipt of a request submitted 737
under this subsection, whether a significant and substantial need 738
exists in a political subdivision for a language to be designated 739
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for additional language access and assistance in voting and 740
elections whenever such a need has not been found under Section 741
6(2). 742
(a) Such process must include, at a minimum: 743
(i) An opportunity for any individual or entity 744
aggrieved by a failure to provide such assistance to submit a 745
request for the Mississippi Voting Rights Commission to consider 746
designating a new language for coverage or providing additional 747
in-language services. Individuals or entities aggrieved by such 748
failure are those who have standing as defined by Section 11(1). 749
(ii) A timeline specifying when requests for 750
additional in-language services may be submitted to be considered 751
timely for the next election; and 752
(iii) Consideration of the following: 753
1. Community-based evidence indicating the 754
need for in-language services including, but not limited to, 755
school enrollment data, public health or social service records, 756
language-specific outreach from community-based organizations, and 757
other reliable evidence. 758
2. Testimony or affidavits from individuals 759
or entities representing or serving the language minority 760
community, including impacted voters. 761
3. Evidence of structural, procedural, or 762
informational barriers that disproportionately impact LEP voters 763
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in the language group, including low turnout rates, high 764
provisional ballot use, or lack of access to translated materials. 765
(b) Upon receipt of any such request, the Mississippi 766
Voting Rights Commission must: 767
(i) Respond in writing within fourteen (14) days 768
of receipt of any such request; 769
(ii) Provide an opportunity for public comment 770
following the publication of a proposed determination; and 771
(iii) Must issue a written decision that includes 772
all factors considered. All final decisions shall be published on 773
the designated authorities website. 774
(c) Implementation of newly granted language services 775
must correspond to the next scheduled election in the relevant 776
covered political subdivision. If a request is granted too close 777
to an election to allow for meaningful implementation, the 778
designation shall take effect for the following election. 779
(7) All materials and notices provided by a political 780
subdivision as required by this section in a particular language 781
other than English must be of an equal quality to the 782
corresponding English-language materials and produced at the same 783
time as the corresponding English-language materials. All 784
provided translated materials must convey the intent and essential 785
meaning of the original English-language text or communication. 786
Translated materials produced solely by automated translation 787
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services are presumed to be insufficient to completely convey 788
intent and essential meaning. 789
(8) Political subdivisions providing language services in 790
accordance with this section must hold public meetings to solicit 791
feedback about the quality of all materials and services provided 792
in a particular language other than English and barriers to voting 793
and registration for LEP voters and communities. These meetings 794
must be advertised at least two (2) months in advance, held at a 795
time and location generally convenient for the majority of the 796
electorate, and include live translation services in any covered 797
language. Election administrators must develop effective 798
recruitment practices for bilingual staff and poll workers based 799
on community feedback from such meetings. 800
(a) Political subdivisions covered under Section 6(2) 801
must hold such a meeting at least twice per year. 802
(b) Political subdivisions providing language services 803
in accordance with Section 6(6) must hold such meetings following 804
elections in which language services are provided, but shall not 805
be required to hold such meetings more than once per year. 806
(9) Any voter who requires assistance at any stage of the 807
voting process, by reason of blindness, disability, or inability 808
to read, write, or understand any aspect of the voting process, 809
has the right to receive assistance from any person of the voter's 810
choice, other than the voter's employer or agent of that employer 811
or officer or agent of the voter's union. 812
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SECTION 8. (1) Within one (1) year of passage of this act, 813
the Mississippi Voting Rights Commission must select and enter 814
into an agreement with one or more universities in this state to 815
create and administer the Mississippi Voting and Elections 816
Database and Institute ("Database and Institute"). The parties to 817
such agreement must enter into a memorandum of understanding that 818
sets forth the governance structure for the Database and Institute 819
within the university or universities. 820
(2) The mission of the Database and Institute is to collect, 821
archive, and make publicly available at no cost an accessible 822
database pertaining to elections, voter registration, and ballot 823
access in this state; to foster, pursue, and sponsor research on 824
existing laws and regulations; and to support and enable the 825
development of best practices in voting and elections by 826
leveraging data. 827
(3) The Database and Institute must maintain and make 828
publicly available in an electronic machine-readable format all 829
relevant election and voting data and records from at least the 830
previous 12-year period, including, but not limited to, the 831
following: 832
(a) Precinct-level election results, including absentee 833
ballots, by voters registered broken out by precinct, registration 834
data, and turnout data for all elections, including elections at 835
the federal level, state level, and for every political 836
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subdivision, and, where available, any such data at the 837
sub-precinct level; 838
(b) District, precinct, and, where available, 839
sub-precinct division maps in an electronic geospatial format 840
designated by the Database and Institute for all elections 841
conducted in the state, including federal or state elections, and 842
for every political subdivision; 843
(c) Current and historical data on the location, dates 844
of availability, and hours of availability of polling locations 845
and other election offices that provide services to voters for 846
every election in every political subdivision in this state; 847
(d) Information concerning the elected offices and 848
electoral structure of each political subdivision, including, but 849
not limited to, the method of election or selection for each 850
elected office, the name, title, and contact information for each 851
current elected official, the commencement and expiration dates of 852
each term of office and the date on which each office is next 853
scheduled for election, and any additional information the 854
Database and Institute deems necessary to accurately describe the 855
governing and electoral structure for each political subdivision; 856
(e) Any notice letter received by a political 857
subdivision pursuant to this act and any public filings, including 858
in litigation, made by a political subdivision in connection with 859
this act; and 860
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(f) Any other data that is maintained by the state or 861
political subdivisions that the Database and Institute considers 862
necessary to maintain in furtherance of its mission. 863
(4) The Database and Institute must produce, maintain, and 864
make publicly available in an electronic machine-readable format 865
any other data or data products in furtherance of its mission, 866
including, but not limited to, the following: 867
(a) Estimates of the total population, voting age 868
population, and citizen voting age population by racial, color, or 869
language-minority group, broken down to the precinct level, on a 870
year-by-year basis, for every political subdivision in this state, 871
based on existing sources of data from the United States Census 872
Bureau, American Community Survey, or existing sources of data of 873
comparable quality collected by a public office. 874
(b) Estimates of limited English proficient 875
populations, broken down by language spoken and by political 876
subdivision level, on a year-by-year basis, for every political 877
subdivision in this state, based on data from the United States 878
Census Bureau, American Community Survey, or data of comparable 879
quality collected by a public office. 880
(c) Relationship files following any changes to precinct 881
boundaries or numbers, to enable apportioning election results 882
under past precinct boundaries to current precinct boundaries, 883
analogous to relationship files provided by the U.S. Census 884
Bureau. 885
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(d) List maintenance records, including records of 886
voters purged or placed on the inactive list, as well as records 887
of voter and/or state-initiated challenges to voter eligibility. 888
(e) Post-election challenges, including, but not 889
limited to, challenges to voter eligibility at ballot counting, 890
challenges to ballots being counted, challenges to the 891
certification of the election results, post-election audit 892
reports, and/or any recounts. 893
(f) Any data or estimates identified by the Mississippi 894
Voting Rights Commission as necessary to make coverage 895
determinations under Section 3(3). 896
(5) In addition to maintaining the public database, the 897
Database and Institute may do any of the following: 898
(a) Conduct classes both for credit and noncredit; 899
(b) Organize interdisciplinary groups of scholars to 900
research voting and elections in this state; 901
(c) Conduct seminars regarding voting and elections; 902
(d) Assist in the dissemination of election data to the 903
public; or 904
(e) Publish reports, books, and periodicals as the 905
Database and Institute considers appropriate on voting and 906
elections in this state. 907
(6) The Database and Institute must prepare any estimates 908
made under this section by applying the most advanced, 909
peer-reviewed, and validated methodologies available. In 910
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preparing any estimates under this section, the Database and 911
Institute must apply validated methodologies and engage with 912
impacted communities to adjust estimates for documented 913
inaccuracies, errors, or biases, including, but not limited to, 914
population miscounts or exclusions, in data from the United States 915
Census Bureau or American Community Survey. 916
(7) The data, information, and estimates maintained by the 917
Database and Institute are entitled to a presumption of 918
authenticity and constitute judicially noticeable facts. 919
(8) All state agencies and political subdivisions must 920
provide the Database and Institute with any information requested 921
by the Database and Institute in the format requested by the 922
Database and Institute and consistent with any deadlines imposed 923
by the Database and Institute. 924
(9) The Database and Institute will provide nonpartisan 925
technical assistance to political subdivisions, scholars, and the 926
public seeking to use its resources. 927
(10) If any political subdivision receives a request for 928
documents under state open records laws, the political subdivision 929
is not required to fulfill such request if: 930
(a) The political subdivision has provided the 931
requested documents to the Database and Institute; 932
(b) The requested documents have been made publicly 933
available by the Database and Institute; and 934
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(c) The political subdivision informs the requestor in 935
writing that the requested documents are available from the 936
Database and Institute and provides in their written answer 937
directions for accessing the specifically requested materials 938
through the Database and Institute. 939
(11) No later than ninety (90) days following the end of 940
each state fiscal year, the Database and Institute must publish a 941
report on its activities. 942
SECTION 9. (1) No person, whether acting under color of law 943
or otherwise, may engage in or attempt to engage in acts of 944
intimidation, deception, or obstruction that affect the right of 945
voters to participate in elections. 946
(2) Violations of this section include, but are not limited 947
to, the following: 948
(a) A person uses, threatens to use, or attempts to use 949
any force, violence, restraint, abduction or duress, or inflicts, 950
threatens to inflict, or attempts to inflict any injury, damage, 951
harm, or loss, or in any other manner practices or attempts to 952
practice intimidation that causes or will reasonably have the 953
effect of causing any person to vote or refrain from voting; 954
(b) A person uses or attempts to use any deceptive or 955
fraudulent device, contrivance, or communication, regarding the 956
time, place, or manner of conducting an election or the 957
qualifications for or restrictions on voter eligibility for an 958
election, with reckless disregard for the truth, that impedes, 959
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prevents, or otherwise interferes with the free exercise of the 960
elective franchise by any person, or that causes or will 961
reasonably have the effect of causing any person to vote or 962
refrain from voting; or 963
(c) A person obstructs, impedes, or otherwise 964
interferes, or attempts to obstruct, impede, or otherwise 965
interfere with access to any polling location or elections office, 966
or with any voter in any manner that causes or would reasonably 967
have the effect of causing any delay in voting or the voting 968
process, including the canvassing, certification, and tabulation 969
of ballots. 970
(3) A person who violates this section or who aids in the 971
violation of this section shall be liable for any damages awarded 972
by the court, including nominal damages for any violation and 973
compensatory or punitive damages for any willful violation. 974
(4) Nothing in this section, nor in its enforcement pursuant 975
to Sections 12(6) and 12(7), shall be construed to prohibit any 976
activity protected under the Constitution of the United States. 977
SECTION 10. (1) All political subdivisions must provide 978
advance notice of any new or modified election policy or practice 979
to the Mississippi Voting Rights Commission prior to 980
implementation as follows: 981
(a) All political subdivisions must provide notice to 982
Mississippi Voting Rights Commission a minimum of sixty (60) days 983
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prior to implementing any changes to government boundaries, method 984
of election, or district maps. 985
(b) All political subdivisions must provide notice to 986
the Mississippi Voting Rights Commission a minimum of fifteen (15) 987
days prior to implementing any changes to the location, dates of 988
availability, and hours of availability of polling locations and 989
other election offices that provide services to voters. 990
(c) All political subdivisions must provide notice to 991
the Mississippi Voting Rights Commission a minimum of thirty (30) 992
days prior to implementing any other new or modified election 993
policy or practice. 994
(2) The Mississippi Voting Rights Commission must publish 995
all advance notices provided by political subdivisions in a 996
centralized, publicly accessible location on its website. 997
(3) This section provides minimum notice requirements and 998
does not supplant or override notice required by other laws or 999
authorities. 1000
(4) Notwithstanding Section 9(3), any political subdivision 1001
that complies with Section 9(1) is not required to meet any local 1002
publication requirements beyond publishing notice on its own 1003
website. 1004
(5) The Mississippi Voting Rights Commission must promulgate 1005
rules under the Mississippi Administrative Procedures Law to 1006
implement this section, including, but not limited to, the minimum 1007
time period of advance notice required prior to implementation of 1008
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each type of new or modified election policy or practice, 1009
standards and procedures for the temporary implementation of 1010
election policies and practices notwithstanding the timelines in 1011
this Section in response to an officially declared emergency or 1012
disaster, the required form and manner of notice submission by 1013
political subdivisions, and civil penalties for political 1014
subdivisions that fail to comply with this Section. 1015
SECTION 11. Any provision of state law, regulation, charter, 1016
home rule ordinance, or other enactment of the state or any 1017
political subdivision relating to voting or the right to vote must 1018
be construed liberally in favor of the factors listed below. To 1019
the extent courts are afforded discretion on any issue, including, 1020
but not limited to, questions concerning discovery, procedure, 1021
admissibility of evidence, or remedies, it is the policy of the 1022
state that courts must exercise that discretion, and weigh other 1023
equitable discretion, in favor of the following factors: 1024
(a) Making voting, the fundamental right to vote, and 1025
the ability to participate in the democratic process more 1026
accessible to eligible voters; 1027
(b) Safeguarding and vindicating, to the fullest extent 1028
possible by law, the voting rights of protected class members, 1029
including, but not limited to, equitable access to opportunities 1030
to register to vote and vote, and the equal opportunity to elect 1031
candidates of choice; and 1032
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(c) Ensuring protected class members have full access 1033
to relief from discrimination in voting. 1034
SECTION 12. (1) An action to cure a violation of this act 1035
may be brought by any individual or entity aggrieved by a 1036
violation of this act or by the Attorney General. 1037
(a) An entity aggrieved by a violation of this act 1038
includes, but is not limited to, any entity: 1039
(i) Whose membership includes individuals 1040
aggrieved by a violation of this act; or 1041
(ii) Whose mission would be frustrated by a 1042
violation of this act, including, but not limited to, an entity 1043
that would expend or divert resources to fulfill its mission as a 1044
result of such violation or who must expend greater resources or 1045
efforts to advocate before an elected body that is less responsive 1046
to the entity or its members due to the alleged violation. 1047
(b) An entity must not be compelled to disclose the 1048
identity of any specific member to pursue a claim on behalf of its 1049
members. 1050
(c) This section must be construed liberally to confer 1051
standing as broadly as the Mississippi Constitution of 1890 1052
permits. 1053
(2) Except as provided in Section 11(2)(e), before filing an 1054
action against a political subdivision under this act, a party 1055
described in Section 11(1), except for the Attorney General, must 1056
send a notice letter to the political subdivision identifying the 1057
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potential violation(s) and the type of remedy the party believes 1058
may address the potential violation(s). The party may not file an 1059
action within fifty (50) days after sending the notice letter. 1060
(a) The political subdivision may work with the party 1061
that provided notice to implement a remedy that cures the 1062
potential violation(s). If the legislative body of the political 1063
subdivision adopts a resolution identifying a remedy, affirming 1064
its intent to enact and implement a remedy, and establishing a 1065
timeline and specific steps it will take to do so, the party may 1066
not file an action within one hundred twenty (120) days after 1067
sending the notice letter. 1068
(b) In response to a notice letter, the political 1069
subdivision may adopt a resolution denying that a violation 1070
exists, or otherwise formally deny a violation, which will 1071
abrogate the 50-day waiting period described in Section 11(2) and 1072
permit the party who sent a notice letter to file an action 1073
immediately. 1074
(c) If, under the laws of this state, the legislative 1075
body of a political subdivision lacks authority to enact or 1076
implement a remedy identified in such a resolution, the political 1077
subdivision may nonetheless enact and implement a proposed remedy 1078
upon approval of a court of suitable jurisdiction. 1079
(d) Following the party's submission of a notice 1080
letter, the party may file an action if the political subdivision 1081
has not enacted or implemented a remedy within the time periods 1082
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designated by this subsection or the political subdivision has 1083
enacted or implemented a remedy that would not remedy the 1084
violation identified in the party's notice letter. 1085
(e) A party with standing pursuant to Section 11(1) may 1086
file an action against a political subdivision under this act 1087
notwithstanding this subsection if: 1088
(i) The party is seeking preliminary relief with 1089
respect to an upcoming election; 1090
(ii) Another party has already submitted a notice 1091
letter alleging a substantially similar violation, and that party 1092
is eligible to file an action under this section; or 1093
(iii) The prospect of obtaining relief under 1094
Section 11(2)(a) would be futile. 1095
(3) An action to enforce this act may be brought in the 1096
Circuit Court of the First Judicial District of Hinds County, 1097
Mississippi. 1098
(4) Judicial actions concerning preclearance and language 1099
access. Actions concerning Sections 5 or 6 may only be filed 1100
under the following circumstances: 1101
(a) A political subdivision that has been designated as 1102
a covered political subdivision under Sections 4(4) or 5(2) may 1103
challenge the determination within thirty (30) days of its 1104
publication in accordance with applicable state law governing 1105
challenges to agency action, including the applicable standard of 1106
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review of such actions. Such actions may only be filed by the 1107
covered political subdivision and intervention is not permitted. 1108
(b) Any party, as defined in Section 11(1), that is 1109
aggrieved by the exclusion of a political subdivision from the 1110
list of covered political subdivisions under Sections 5(4) or 6(2) 1111
may file an action to challenge the exclusion of a political 1112
subdivision. Such actions are subject to a three-year statute of 1113
limitations, accruing from the date of any coverage determinations 1114
under Sections 5(4) or 6(2), and are subject to a de novo standard 1115
of review. 1116
(c) Any denial of preclearance by the Mississippi 1117
Voting Rights Commission under Section 5(6)(d) may be appealed 1118
only by the covered political subdivision within thirty (30) days 1119
of the denial in accordance with applicable state law governing 1120
challenges to agency action, including the applicable standard of 1121
review of such actions. Such actions may only be filed by the 1122
covered political subdivision and intervention is not permitted. 1123
(d) Any party, as defined in Section 11(1), that is 1124
aggrieved by a determination by the Mississippi Voting Rights 1125
Commission to grant preclearance to a covered policy under Section 1126
5(7)(e) may file an action to challenge the determination to grant 1127
preclearance. Such actions are subject to a de novo standard of 1128
review. 1129
(e) If the Mississippi Voting Rights Commission fails 1130
to discharge any of its responsibilities under this act or any 1131
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other action necessary to enforce a provision of this act, any 1132
party, as defined in Section 11(1), that is aggrieved by this 1133
failure may file an action seeking appropriate relief, including, 1134
but not limited to, any injunctive relief on the Mississippi 1135
Voting Rights Commission or any other party to the action that is 1136
necessary to enforce this act. Such actions are subject to a de 1137
novo standard of review. 1138
(5) Actions brought pursuant to this act must be subject to 1139
expedited pretrial and trial proceedings and receive an automatic 1140
calendar preference. 1141
(6) In any action alleging a violation of this act in which 1142
a party seeks preliminary relief with respect to an upcoming 1143
election, a court must grant relief if it determines that: 1144
(a) Plaintiffs are more likely than not to succeed on 1145
the merits; and 1146
(b) It is possible to implement an appropriate remedy 1147
that would resolve the alleged violation in the upcoming election. 1148
(7) Upon finding a violation of any provision of this act, a 1149
court must order appropriate remedies notwithstanding any other 1150
law. 1151
(a) The court has authority to order remedies that are 1152
tailored to best mitigate the violation, including any and all 1153
forms of preliminary and injunctive relief. The court may 1154
consider, among others, any remedy that is available to a federal 1155
court or the court of another state jurisdiction, including 1156
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through a court-approved consent decree or settlement adopted in 1157
the context of similar facts or to remedy a similar violation. 1158
(b) The court must consider proposed remedies by any 1159
parties and interested nonparties. 1160
(c) The court may not give deference or priority to a 1161
remedy proposed by the political subdivision. 1162
(d) A remedy ordered under this section must be 1163
implemented in the next relevant election, scheduled or ordered, 1164
wherever possible. 1165
(8) This act provides rights and remedies under state law to 1166
enforce state constitutional rights or statutory rights and does 1167
not enforce any rights established under the U.S. Constitution or 1168
federal law. Nothing in this act may be construed to create a 1169
cause of action under federal law. Persuasive use of relevant 1170
federal legal standards, precedents, or evidentiary frameworks to 1171
aid in the interpretation or application of this act should not be 1172
construed to give rise to a federal question. Moreover, use of 1173
such federal legal standards, precedent, or evidentiary frameworks 1174
may be persuasive, but is not necessary to the interpretation or 1175
application of this act. 1176
(9) Defendants in actions under this act may not assert the 1177
doctrine of laches as a defense to claims brought under this act. 1178
Political subdivisions may not assert that plaintiffs have failed 1179
to comply with any notice, exhaustion, or other procedural 1180
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requirements under state law, other than the requirements in this 1181
section, as a defense to claims brought under this section. 1182
(10) In any action to enforce any provision of this act, a 1183
prevailing plaintiff party, other than the State or a political 1184
subdivision, is entitled to recover all reasonable costs and fees 1185
from the defendant party. Costs and fees include, but are not 1186
limited to, attorneys' fees, expert witness fees, and all other 1187
litigation or pre-litigation fees and costs. 1188
(a) A plaintiff will be deemed to have prevailed in an 1189
action when, as a result of a suit or notice letter pursuant to 1190
Section 9(2), the defendant party yields some or all of the relief 1191
sought in the action. 1192
(b) If the state or political subdivision prevails in 1193
an action under this act, the Court may not award the defendant 1194
party any fees or costs unless the court finds the action to be 1195
frivolous, unreasonable, or without foundation. 1196
(11) This act is severable. If any provision of this act or 1197
its application to any person or circumstance is held invalid, 1198
such invalidity must be applied as narrowly as possible and the 1199
remaining provisions and applications must remain in effect to the 1200
fullest extent possible. 1201
(12) To the extent any provision of this act, including any 1202
legal standard, requirement, or any part thereof, may be construed 1203
or applied in a manner that is unconstitutional or otherwise 1204
invalid, such provision must be construed or applied in the manner 1205
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ST: Robert G. Clark, Jr., Voting Rights Act of
Mississippi; create.
that preserves its validity and is most consistent with the 1206
purposes set forth in Sections 1 and 10. 1207
(13) In any action under this act or any other 1208
voting-related violation of state or federal law, no sovereign, 1209
governmental, executive, legislative, or deliberative immunities 1210
and privileges, including any evidentiary privileges, may be 1211
asserted. However, this section has no effect on any 1212
attorney-client or attorney work-product privileges. 1213
SECTION 13. All sections of this act other than Sections 6, 1214
7 and 8 shall take effect and be in force from and after July 1, 1215
2026. Sections 6, 7 and 8 of this act shall take effect and be in 1216
force from and after July 1, 2027. 1217