Attorney General Bonta Joins Amicus Brief to Stand Up for Voter Protections in Mississippi

OAKLAND – California Attorney General Rob Bonta today joined a coalition of 22 attorneys general in an amicus brief in support of the plaintiffs challenging Mississippi’s constitutional provisions that permanently disenfranchise persons convicted of certain felony offenses. The brief was filed in an en banc Fifth Circuit Court of Appeal in Hopkins v. Watson and argues that Mississippi is out of step with the growing state consensus expanding voting rights for people convicted of felonies. States’ experiences show that expanding voting rights benefits residents and communities while broad disenfranchisement does little to benefit public safety, and that the disproportionate impact of felon disenfranchisement on communities of color raises profound democratic concerns.  

“For far too long, the right to vote has been stripped away from people of color through the criminal legal system,” said Attorney General Bonta. “If you’ve successfully served your time, then you deserve to participate in our democracy. Voting can have a significant impact on helping people reintegrate into society, fosters civic participation, decreases recidivism, and promotes public safety. My office is committed to supporting the restoration of voting rights for formerly incarcerated individuals.”

Disenfranchisement of previously incarcerated Americans in the United States is the product of a patchwork of state laws, which vary widely. In 2020 alone, an estimated 5.2 million people across the United States were barred from voting in the general election and locked out of the democratic process because of state laws that disenfranchise individuals who were convicted of felony offenses. Numerous states including California, automatically restore voting rights to any person convicted of a felony upon release from incarceration. Efforts to expand the right to vote embrace the notion that civic engagement benefits both the individuals and the communities they rejoin.

The two provisions of the Mississippi constitution at issue in the case permanently disenfranchise those convicted of certain crimes, and only allow re-enfranchisement if two-thirds of both houses of the state legislature vote to restore rights to a specific individual.  The trial court certified a class of permanently disenfranchised Mississippians. The court ruled on cross-motions for summary judgment, and the parties both filed appeals. A divided panel of the Fifth Circuit Court of Appeals held that the permanent disenfranchisement violated the Eighth Amendment’s prohibition against cruel and unusual punishment. The case is now being reheard en banc at the U.S. Court of Appeals for the Fifth Circuit.

In the amicus brief, the coalition asserts that:

• The growing consensus across the country agrees with ending permanent disenfranchisement and expanding the franchise at different stages of the criminal justice process;
• Evidence shows that allowing formerly incarcerated individuals to vote fosters civic participation, decreases recidivism, and promotes public safety; and
• The stark disproportionate impact the disenfranchisement of formerly incarcerated individuals has on communities of color raises profound democratic concerns.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of the District of Columbia, Connecticut, Illinois, Colorado, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.

A copy of the amicus brief is available here.