In 1890, as white politicians across the South cracked down on the black population with Jim Crow laws, Mississippi inserted into its constitution an unusually high bar for getting elected governor or winning any other statewide office.
The provision, which remains in force to this day, says candidates must win not only a majority of the popular vote — that is, more than 50% — but also a majority of the state’s 122 House districts.
On Thursday, more than a century later, four black Mississippians sued in federal court to put an end to what they say is a racially discriminatory system, unique in the U.S. and aimed at thwarting the election of African Americans.
“The scheme has its basis in racism — an 1890 post-Reconstruction attempt to keep African Americans out of statewide office,” said former U.S. Attorney General Eric Holder, the first black person to hold that position. He added: “In the 21st century, it’s finally time to say that this provision should be struck down.”
Holder is chairman of the National Democratic Redistricting Committee, whose affiliated foundation is providing financial and legal backing for the lawsuit.