š§µ Mississippi is violating the National Voter Registration Act because it fails to conduct voter registration when claimants apply for pandemic assistance benefits.
Mississippi should remedy this violation ASAP before we're bailed back into Voting Rights Act preclearance. 1/
Mississippi should remedy this violation ASAP before we're bailed back into Voting Rights Act preclearance. 1/
The NVRA requires Mississippi to offer voter registration at every office that provides public assistance. See subsection (2)(B)) š 2/
law.cornell.edu/uscode/text/52ā¦
law.cornell.edu/uscode/text/52ā¦
The NVRA does not treat "unemployment compensation" as "public assistance" (see subsection (3)(B)(i)).
But pandemic assistanceāthe $600 weekly benefit that MDES is administering in addition to unemployment compensationā IS "public assistance." Pandemic assistance is welfare. 3/
But pandemic assistanceāthe $600 weekly benefit that MDES is administering in addition to unemployment compensationā IS "public assistance." Pandemic assistance is welfare. 3/
That's why Mississippi requires voter registration to be offered whenever anyone applies for public benefitsāpublic benefits other than pandemic assistance, that is. 4/
For example, here's the MS Department of Medicaid's policy and procedure manual, where Mississippi explains that it is required to offer voter registration every time someone applies for public assistance, including Medicaid. 5/
medicaid.ms.gov/wp-content/uplā¦
medicaid.ms.gov/wp-content/uplā¦
Mississippi also acknowledges that it is required to register voters at gov't offices in DHS' SNAP manual: mdhs.ms.gov/wp-content/uplā¦
...and also in the TANF manual: mdhs.ms.gov/wp-content/uplā¦ 6/
...and also in the TANF manual: mdhs.ms.gov/wp-content/uplā¦ 6/
In the DHS manuals, Mississippi embraces its obligations to:
āļø Train all staff in voter registration.
āļø Offer voter registration at each client encounter.
āļø Assist clients with the registration form.
āļø Deliver clients' completed forms to the county registrar. 7/
āļø Train all staff in voter registration.
āļø Offer voter registration at each client encounter.
āļø Assist clients with the registration form.
āļø Deliver clients' completed forms to the county registrar. 7/
The NVRA requires each state's chief elections officer to enforce the NVRA. law.cornell.edu/uscode/text/52ā¦
In Mississippi, that's Mike Watsonāwhich is why Watson's own regulations acknowledge Mississippi's responsibility to offer voter registration at every public assistance office. 8/
In Mississippi, that's Mike Watsonāwhich is why Watson's own regulations acknowledge Mississippi's responsibility to offer voter registration at every public assistance office. 8/
Moreover, the 5th Circuit Court of Appealsāwhich oversees federal lawsuits in Mississippiāblessed enforcement of NVRA by a private plaintiff in a similar case out of Louisiana. 9/
A voting advocate testified in ACORN v. Fowler alleged that Louisiana's failure to offer voting registration caused him to reach out to potential voters outside DMVs to remedy Louisiana's NVRA violations by promoting registration. 10/
casetext.com/case/acorn-v-fā¦
casetext.com/case/acorn-v-fā¦
The advocate hadn't tried to remedy Louisiana's failure to provide voter registration at public-aid offices or in phone, mail, or internet encounters with clients, so the 5th Circuit ruled that he had no standing to allege those violations. 11/
However, because the advocate clearly HAD tried to reach people who went to the DMV in person yet weren't offered registration, the 5th Circuit ruled that the advocate DID have standing to challenge that violation and ruled in his favor. 12/
If voting advocates in Mississippi have taken any concrete steps to reach people who MDES failed to register, then their lawsuits against MDES and Watson will likely reach #JudgeCarltonReeves, who leans toward voting-rights plaintiffs, regardless of party. 13/
Judge Reeves is surely aware of the voting-rights case against Mississippi pending before #JudgeDanielJordan, who writes he is "gravely concerned" that Mississippi's electoral-college method electing statewide officials is unconstitutional. 14/
lawyerscommittee.org/wp-content/uplā¦
lawyerscommittee.org/wp-content/uplā¦
Judge Reeves, no doubt, also knows of the voting-rights case going to trial in July before Judge Jordan, who describes the plaintiffs as "correct" that MS counties that distribute mail ballots too late to cast likely disfranchise voters. 15/
courtlistener.com/docket/8230336ā¦
courtlistener.com/docket/8230336ā¦
Judge Jordan will rule against Mississippi in both voting-rights cases before him, but he won't go further. Judge Jordan shies away from making waves.
Judge Reeves, though? Reeves surfs. 16/
Judge Reeves, though? Reeves surfs. 16/
Judge Reeves ruled last year that Mississippi discriminated against black voters by gerrymandering Senate District 22, and Judge Reeves has issued sweeping rulings against Mississippi on every subject from involuntary commitment to gay rights. 17/
cases.justia.com/federal/distriā¦
cases.justia.com/federal/distriā¦
Judge Reeves is just one allegation away from deploying federal election monitors to descend no Mississippi, and he's just one judgment away from bailing Mississippi back into preclearance under the Voting Rights Act. 18/
law.cornell.edu/uscode/text/52ā¦
law.cornell.edu/uscode/text/52ā¦
If Mississippi's failure to register voters at MDES disparately affects minorities, Judge Reeves will jump at the opportunity to pull Mississippi fully back within federal supervision of elections. 19/
Mississippi should take the conservative, risk-averse road and just register the people. 20/
