1
Chapter 1: Introduction to the Study
Since the development of the 14th and 15th Amendments of the United States
Constitution in 1868 and 1870, the voting rights of citizens in the United States of
America were protected (U.S. Department of Justice [DOJ], 2017b). However, the
guarantees of citizenship to each person living within the U.S. borders were not granted
easily to everyone (Mack et al., 2016). From Black individuals being enslaved and freed
to being incarcerated in modern-day society more frequently than White individuals, the
desire to have a voice in the decision-making process has been challenging. Though
felony disenfranchisement laws are legal under the U.S. Constitution, the rooted
intentions of felony disenfranchisement laws are inconsistent and do not reflect equality
and social equity for all citizens (Douglas, 2014; Nunn, 2005; Tolson, 2012, 2014;
Trahan-Liptak, 2014). Lawmakers created felony disenfranchisement laws as a neutral
policy. Some Americans believe the laws are justifiable and voting is a privilege for
individuals who do not commit crimes. However, Black communities’ voting privileges
have been affected more than White communities’ voting privileges (Cresswell, 2014;
Powell, 2017; Wilson et al., 2015). The lack of voting privileges for previously
incarcerated Black individuals in Mississippi may leave Black communities
underrepresented in the decision-making process (Chung, 2019).
The number of previously incarcerated Black individuals who have committed a
felony continues to increase. However, the Mississippi Constitution limits the ability of
formerly incarcerated individuals who have completed their sentencing to gain their
voting rights (Cresswell, 2014). Mississippi is currently ranked second among states with
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the highest felony disenfranchisement rate in America where African Americans are
affected more vigorously than others (The Sentencing Project, 2017b). Felony
disenfranchisement laws were created to minimize the decision-making privileges of
Black individuals by limiting the voting rights of previously incarcerated individuals who
committed felonies (Chen, 2014). However, there is limited literature on the topic of
felony disenfranchisement laws’ effect on Black communities in Mississippi. Also, there
is little information about the experiences of political officials and residents of
Mississippi. Therefore, the current study may lead to an understanding of the views and
experiences of those subjects.
Background
The atmosphere of Mississippi still contains stains of racism and oppression of
Blacks by White oppressors. However, Mississippi also has a history of successful
movements to gain freedom, respect, and equality with each oppression. Voting rights
after the abolishment of slavery were not an option for Black individuals, and they did
not gain respect as legal residents of the United States of America. Voting is one
representation of citizenship. The right to be a part of the outcomes that direct the United
States is a demonstration of that citizenship.
The United States has executed laws that display impartiality, liberty, and justice
but still allow states to create and implement laws such as the disenfranchisement laws
that affect some previously incarcerated individuals who have completed sentencing.
Despite the implementation of the Voting Rights Act of 1965, states are allowed to
implement felony disenfranchisement laws that prevent individuals who previously
3
committed a felony from voting (Blessett, 2015). There is an inconsistency in the U.S.
Constitution and felony disenfranchisement laws as it relates to citizenship (Nunn, 2005).
Though each citizen has a right to vote, a previously incarcerated individual who has
committed a felony but completed sentencing may not be eligible to vote unless the
governor reestablishes eligibility in Mississippi (Miss. Const. art. 12, § 253). Under the
U.S. Constitution, the 14th Amendment gives states the authority to implement
disenfranchisement laws that affect previously incarcerated individuals who committed a
felony despite completing their sentencing (U.S. Const. amend. XIV).
The Voting Rights Act (1965) gave Black citizens an official right to vote. The
Voting Rights Act was the law signed by President Lyndon Johnson to provide Black
Americans a right to voice opinions during the decision-making process (Voting Rights
Act, 1965). Since that moment, nothing has collectively affected the voice of Black
communities more than felony disenfranchisement laws. White supremacy has played an
active role in minimizing the participation of Blacks in the decision-making process by
implementing the felony disenfranchisement law (Guenther, 2016; Nelson, 2013).
Disenfranchisement laws that affect previously incarcerated individuals were put in place
to limit the voting rights of Blacks in the United States (Chen, 2014). Contrarily, some
areas have counted incarcerated individuals who do not have a right to vote as residents,
which increased the population in a particular district. Such routine procedure decreases
the population of incarcerated individuals’ native community (Ebenstein, 2018).
The felony disenfranchisement laws may place a permanent restriction on
previously incarcerated individuals who have committed specific felony crimes despite
4
the completion of their sentencing (Cresswell, 2014; Daniels, 2017; Heath, 2017). Black
individuals in Mississippi are a part of the decision-making process, but problems for
Black communities still exist. According to the U.S. Census Bureau (2022), Blacks make
up 38% of the population in Mississippi. Though voter registration demographics are not
documented in Mississippi, 11% of Mississippi’s Black population is disenfranchised.
The racial and ethnic disparity ratio for Black and White imprisonment is 2.6 to 1 in
Mississippi (The Sentencing Project, 2023). This leaves the Black vote disproportioned in
Mississippi and Black communities underrepresented (Chung, 2019). In Holmes County,
Mississippi, Blacks make up approximately 83.1% of the county’s population of 16,121
(U.S. Census Bureau, 2022). The county is recorded as having the lowest income and
highest poverty rate in Mississippi (U.S. Census Bureau, 2018).
Felony disenfranchisement laws were developed to minimize the right to vote for
non-White individuals (Blessett, 2015; Guenther, 2016; Nelson, 2013). Though several
states have eliminated or changed felony disenfranchisement laws, Mississippi has not.
The state has 22 felony crimes under the felony disenfranchisement law. Felony crimes
are committed by all races. However, Black individuals are more likely than Whites to be
incarcerated and convicted of those crimes (The Sentencing Project, 2017a).
Several states have altered the disenfranchisement laws to allow previously
incarcerated individuals to vote while incarcerated or immediately upon completing
sentencing (Brennan Center for Justice, 2019). Documentation regarding why the change
occurred is limited. However, the former governor of New York, Andrew M. Cuomo, has
spoken openly about the purpose of an executive order he signed to restore voting rights
5
to previously incarcerated individuals. According to Governor Cuomo, the executive
order would not only restore voting rights upon release from incarceration, but it would
also promote civic participation that would reduce recidivism. Furthermore, restoring
voting rights to a previously incarcerated individual will allow individuals to be a part of
the decision-making process and improve public safety (Office of the Governor, 2018).
There is limited literature on the topic of felony disenfranchisement laws’ effect
on Black communities in Mississippi. Also, there is little information about the
experiences of political officials and residents of Mississippi. However, the American
Civil Liberties Union reported that denying voting rights to an entire class of citizens
undermines democracy and makes the country exclusive. Furthermore, the organization
reported that when a previously incarcerated individual participates in the decision-
making process, recidivism decreases (Hoffman, 2019). Researching the felony
disenfranchisement laws and voting rights of Black individuals in Mississippi may aid
political officials with the formation of modern policies for previously incarcerated
individuals who committed a felony and completed sentencing. The additional issue may
also hinge on the Mississippi governor’s fair and equitable political and unbiased
representation of all citizens. Also, the findings of this study may challenge political
officials to observe the impact of the disenfranchisement laws on predominately Black
communities, such as Holmes County, MS.
Taxation affects the lives of previously incarcerated individuals who have
committed one of the felony crimes listed within the disenfranchisement law in
Mississippi. The current study explored felony disenfranchisement laws and voting
6
within Black communities in Mississippi. The results of this study could facilitate social
change within the state of Mississippi by challenging political officials and citizens to
reexamine disenfranchisement laws in Mississippi and the precepts of the U.S.
Constitution. Presenting information regarding the initial purpose of the felony
disenfranchisement laws and their impact may also inspire all citizens to question the
modern-day purpose of the laws that affect the voting privileges of those previously
incarcerated for committing a felony under the Mississippi Constitution despite
completing sentencing. The significance of exploring the effects of felony
disenfranchisement laws and voting within Black communities in Mississippi may
encourage legislatures to implement strategies to allow taxation with representation for
previously incarcerated individuals who committed a felony.
Problem Statement
The result of the Voting Rights Act (1965) was to eliminate lawful barriers that
outlawed Black citizens from taking part in the decision-making process in the United
States of America (Crotty, 2014; Voting Rights Act, 1965). However, felony
disenfranchisement laws exclude certain community members from voting, which can
impact political representation. According to the U.S. Census Bureau (2022), Blacks
make up 38% of the population in Mississippi. Though voter registration demographics
are not documented in Mississippi, 11% of Mississippi’s Black population is
disenfranchised. The racial and ethnic disparity ratio for Black and White imprisonment
is 2.6 to 1 in Mississippi (The Sentencing Project, 2023). Black voters in Mississippi may
be underrepresented as a result of felony disenfranchisement laws in violation of the 14th
7
Amendment’s Equal Protection Clause, which requires states to practice the protection of
equality for individuals (U.S. Const. amend. XIV). Furthermore, Mississippi felony
disenfranchisement laws may target offenses that are more likely to be committed by
Black individuals than Whites individuals, which may impact voter representation in
certain legislative or congressional districts in Mississippi (Chung, 2019).
Disenfranchisement laws are seemingly helpful to some political candidates and
officials (King & Erickson, 2016). Even with the potential impacts associated with
political representation, little is understood about how or whether social constructions
held by policymakers and community members influence the use and equity of felony
disenfranchisement in Mississippi.
Purpose of the Study
The purpose of this general qualitative study was to examine the perceptions
regarding felony disenfranchisement laws and voting rights in the Black communities of
Mississippi. Mississippi has 22 felony crimes under the felony disenfranchisement law.
Though other races commit such crimes, Black individuals are more likely than Whites to
be incarcerated and convicted of those crimes (Chung, 2019). The number of Blacks
convicted of felony crimes leaves the Black vote disproportioned in Mississippi despite
completing sentencing.
The study explored the felony disenfranchisement law and voting in the Black
communities in Mississippi. The results of this study could facilitate social change within
the state of Mississippi by challenging political officials and citizens to reexamine
disenfranchisement laws in Mississippi and the precepts of the U.S. Constitution.
8
Presenting information regarding the initial purpose of the felony disenfranchisement
laws and their impact may also inspire all citizens to question the modern-day purpose of
the laws that affect the voting privileges of those previously incarcerated for committing
a felony under the Mississippi Constitution despite completing sentencing. Currently,
taxation without representation does not reflect the livelihood of an individual who has
completed sentencing for the felony crime committed under the felony
disenfranchisement law. A previously incarcerated individual who committed one of the
felony crimes in Mississippi is presented with the reality that voting as a fundamental
right is not easily granted to all citizens. The significance of exploring the effects of the
felony disenfranchisement law and voting within Black communities in Mississippi may
encourage legislatures to implement strategies to allow taxation with representation for
previously incarcerated individuals who committed a felony.
Research Questions
The following two research questions framed the study:
RQ1: What are the perceptions that exist of the felony disenfranchisement law by
Black Americans in Mississippi?
RQ2: How do previously incarcerated Black Americans experience and
characterize the impact of political disparity in Mississippi?
Theoretical Framework
Social construction framework (SCF) was identified as the framework for this
research. This theory was developed by Schneider et al. (2014), and it seeks to illustrate
how policies may not only shape the social construction of a targeted population but may
9
also shape the position of power. Furthermore, this theory illustrates how a policy design
may affect democracy and political position. SCF focuses on certain groups of
individuals who are affected negatively or positively. This effect may also be interpreted
as a burden or a benefit to a certain population. Also, the theory is used to discover the
results of the social construction of a selected community (Schneider et al., 2014). Under
the U.S. Constitution, the 14th Amendment gives states the authority to implement
disenfranchisement laws that affect previously incarcerated individuals who committed a
felony despite completing their sentencing (U.S. Const. amend. XIV). Under the SCF,
personal reality is developed from a person’s interpretation. The shared reality of a group
of people creates rules and regulations, as well as other norms (Schneider & Sidney,
2009). The purpose of the disenfranchisement laws is to intentionally create and
implement discrimination against Blacks and other non-White citizens (Blessett, 2015).
Felony disenfranchisement laws target and have more of an impact on Black voters than
White voters. Such laws significantly affect the Black communities’ voting privileges
more than the voting privileges in White communities (Ochs, 2006; Zaman, 2015).
One of the most detrimental effects and burdens of felony disenfranchisement
laws is taxation without representation. Previously incarcerated individuals who
completed sentencing are required to pay taxes, but they are not a part of the decision-
making process. Black communities cannot gain effective representation as fewer
individuals qualify as registered voters (Ochs, 2006; Zaman, 2015). However, when
people stop acknowledging those shared realities and it diminishes, new policies are
created and modification to laws occurs (Schneider & Sidney, 2009). Both Douglas
10
(2014) and Trahan-Liptak (2014) addressed the legal barriers of states and how they
affect an individual’s right to vote.
Felony disenfranchisement laws may place a permanent restriction on previously
incarcerated individuals who have committed specific felony crimes despite the
completion of their sentencing (Cresswell, 2014; Daniels, 2017; Heath, 2017). Though
several states have eliminated or changed disenfranchisement laws, Mississippi has not.
The current study explored the felony disenfranchisement law and voting within Black
communities in Mississippi. SCF allowed me to examine the effects race and ethnicity
have on policymakers as it relates to the development of felony disenfranchisement laws.
The framework also allowed me to explore any burdens felony disenfranchisement law
places on Mississippi’s Black communities. Additional information regarding the
theoretical framework is provided in Chapter 2.
Nature of the Study
The qualitative methodological approach was used to focus on the behavior,
emotional state, and attitudes of each participant in this study. This approach is used to
study the consequences of events on individuals and social groups (Polit & Hungler,
2003, as cited in McGloin, 2008). As the researcher, I arranged interviews with
Mississippi’s political officials, residents, and previously incarcerated individuals
regarding their experiences and thoughts regarding any effects felony disenfranchisement
laws may have on voting rights in the Black communities. Participants were categorized
using letters of the alphabet and numbers before data were verified. Data were analyzed
using the inductive approach. This approach allowed data to be collected before
11
presenting codes. Additional information regarding research analysis is provided in
Chapter 3.
Definitions
African American/Black individuals: Common language referring to citizens of
African descent in the United States.
Black communities: Common language describing those of African descent and
their communities.
Decision-making process: Common language referring to citizens’ participation in
voting for the person with shared views regarding the United States of America in local,
state, and national political elections.
Felony disenfranchisement: Common term used to describe the exclusion from
voting for previously incarcerated individuals who have committed disqualified crimes
listed in the Mississippi State Constitution. Currently, 22 crimes disqualify previously
incarcerated individuals from voting. These crimes include armed robbery, arson,
bigamy, bribery, carjacking, embezzlement, extortion, felony bad check, felony
shoplifting, forgery, larceny, larceny under lease or rental agreement, murder, obtaining
money or goods under false pretenses, perjury, rape, receiving stolen property, robbery,
statutory rape, theft, timber larceny, and unlawful taking of a motor vehicle.
Pardon: Common term used to describe forgiveness given by the governor for the
felon committed by an individual.
Political officials: Individuals chosen to hold political positions in Mississippi
through voting or special appointment by the governor.
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Previously incarcerated individuals: Common language referring to a person who
is no longer serving time in prison and has completed sentencing orders given by a judge.
Qualitative methodological approach: The method used to explore the
experiences of Mississippi’s political officials, residents, and previously incarcerated
felons through face-to-face interviews.
Social construction framework (SCF): The theory used to explore the effects of
social construction, such as felony disenfranchisement, on the Black community.
Voting rights: Allows an individual to be a part of the decision-making process in
America.
Voting Rights Act of 1965: The federal law that banned racial bias in the decision-
making process.
Assumptions
I assumed that participants would openly and honestly answer the interview
questions presented.
Scope and Delimitations
This study targeted the effects of felony disenfranchisement laws on Black
communities in Mississippi. Therefore, the population did not include the White
communities in Mississippi.
Limitations
Access to political officials may have been difficult to establish. Political channels
helped me coordinate the identification of political officials who had an interest in the
13
voting rights of previously incarcerated individuals. Barriers to identifying political
officials may have impeded participant recruitment.
Political officials may have been reluctant to participate in the study. The
willingness of political officials to share their personal experiences regarding voting and
felony disenfranchisement laws in Mississippi may have been difficult to obtain.
Therefore, the intention was to identify at least five willing participants.
Access to previously incarcerated individuals who had committed a felony and
had an interest in voting may have been difficult to establish. Some previously
incarcerated individuals may have chosen to remain silent due to their status within the
community.
There was limited research regarding the effects of the disenfranchisement laws
on voting in Mississippi’s Black communities. I used qualitative methodology to address
this research problem. Findings from this research are limited to interpretations based on
the experiences of the participants.
Significance
Black individuals are more likely than Whites to be incarcerated and convicted.
Individuals who previously committed a felony crime under Mississippi’s
disenfranchisement law are not granted the right to vote but are required to pay taxes.
This leaves Black communities underrepresented in the decision-making process. The
results of this study may be used to further research racial disparities in Mississippi’s
criminal justice system.
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Several studies have been conducted regarding the implementation and effects of
felony disenfranchisement laws on the lives of individuals who have committed a felony
(Ewald, 2012; Guenther, 2016; Nelson, 2013; Whitt, 2017). Furthermore, studies
addressing the Voting Rights Act of 1965 and any ongoing struggles for Black
individuals in America have also been conducted (Crotty, 2014; Hayter, 2014). Studies
have also addressed the legal barriers of state constitutions (Blessett, 2015; Douglas,
2014; Trahan-Liptak, 2014; Varnum, 2008). However, researchers have not explored the
impact of disenfranchisement laws on voting rights in Mississippi’s Black communities.
Voting as a fundamental right is not easily granted to all citizens. This study
addressed a portion of the gap by exploring the impact of disenfranchisement laws on
voting rights in Mississippi’s Black communities. Taxation affects the lives of previously
incarcerated individuals who have committed one of the felony crimes listed within the
disenfranchisement law in Mississippi. The results of this study could facilitate social
change within the state of Mississippi by challenging political officials and citizens to
reexamine disenfranchisement laws in Mississippi and the precepts of the U.S.
Constitution. Presenting information regarding the initial purpose of the felony
disenfranchisement laws and their impact may also inspire all citizens to question the
modern-day purpose of the laws that affect the voting privileges of those previously
incarcerated for committing a felony under the Mississippi Constitution despite
completing sentencing. The significance of exploring the effects of felony
disenfranchisement laws and voting within Black communities in Mississippi may
15
encourage legislatures to implement strategies to allow taxation with representation for
previously incarcerated individuals who committed a felony.
Summary
Since the development of Amendments 14th and 15th of the United States
Constitution in 1868 and 1870, voting rights for citizens of the United States of America
have been protected. However, the right to vote has not been granted easily to everyone.
For Blacks and non-Whites in the United States of America, voting is equivalent to being
a citizen and having a voice in the decision-making process (Blessett, 2015). From Black
individuals being enslaved and freed to those previously incarcerated in modern-day
society, a desire to have a voice in the decision-making process has been challenging.
Though felony disenfranchisement laws were written as a neutral policy, Black
communities’ voting privileges are affected more than White communities’ voting
privileges (Cresswell, 2014; Powell, 2017; Wilson et al., 2015). The lack of voting
privileges in Black communities leaves them underrepresented in the decision-making
process (Chung, 2019).
Felony disenfranchisement laws have been documented as legal law in the United
States despite the implementation of the Voting Rights Act of 1965 (Blessett, 2015). The
effect is rooted in racism to marginalize groups and control the decision-making process
(Guenther, 2016; Nelson, 2013). Research has also documented an inconsistency in the
Constitution and felony disenfranchisement laws as it relates to citizenship (Douglas,
2014). Though each citizen has the right to vote, a previously incarcerated individual who
has committed a felony despite completing sentencing may not be eligible to vote unless
16
the governor reestablishes eligibility in Mississippi (Miss. Const. art. 12, § 253). This
study explored felony disenfranchisement laws and voting rights in Mississippi’s Black
communities, such as Holmes County, Mississippi. I used the qualitative methodological
approach. Findings could facilitate social change in the state of Mississippi by
challenging political officials and citizens to reexamine disenfranchisement laws in
Mississippi and precepts of the U.S. Constitution. Presenting information regarding the
initial purpose of the felony disenfranchisement laws and their impact may also inspire
all citizens to question the modern-day purpose of the laws that affect the voting
privileges of those previously incarcerated for committing a felony under the Mississippi
Constitution despite completing sentencing. Currently, taxation without representation
does not reflect the livelihood of an individual who has completed sentencing for the
felony crime committed under the felony disenfranchisement law. The significance of
exploring the effects of felony disenfranchisement laws and voting within Black
communities in Mississippi may encourage legislatures to implement strategies to allow
taxation with representation for previously incarcerated individuals who committed a
felony. This chapter is followed by the literature review in Chapter 2.
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Chapter 2: Literature Review
The voting rights for Blacks have caused them to face turmoil and discomforts
that Whites have not had to face. Trials and tribulations have often involved intimidation,
threats, deaths, and voter suppression. Though the Constitution governs the legalities of
the United States of America, it also allows states to have some governing power to
implement laws. Black voters in Mississippi may be underrepresented because of felony
disenfranchisement laws in violation of the 14th Amendment’s Equal Protection Clause,
which requires states to practice the protection of equality for individuals (U.S. Const.
amend. XIV). Furthermore, Mississippi felony disenfranchisement laws may target
offenses that are more likely to be committed by Black individuals than White
individuals, which may impact voter representation in certain legislative or congressional
districts in Mississippi.
Previously incarcerated individuals in the state of Mississippi are not given all of
the rights as citizens due to felony disenfranchisement restrictions. The Black population
in Mississippi does not reflect potential voter turnout due to voter suppression and felony
disenfranchisement laws (The Sentencing Project, 2017a). Studies dedicated to
Mississippi’s position and current purpose of felony disenfranchisement and its effects on
the Black community are limited.
In Chapter 2, research strategies for the literature review to locate articles are
presented. The additional content of the literature review includes the theoretical
frameworks, as well as information targeting the effects of disenfranchisement laws on
voting privileges for Black Americans. The review provides an understanding of the
18
history of Blacks in America and their right to vote as well as the initial purpose of
disenfranchisement laws that affect previously incarcerated people who committed a
felony in the United States of America. The review addresses the disenfranchisement
laws and voting rights in Mississippi. Finally, the review addresses the effects of
disenfranchisement laws on Blacks in Mississippi and their communities.
Literature Search Strategy
The literature search for this study was conducted using numerous sources of
information. ProQuest Central was used using the general search terms “felony
disenfranchisement” and “voting rights” as the basis of all inquiries. Along with these
search terms, other words used for the search included “history,” “Blacks,” and
“Mississippi” to narrow the search. Additional resources that were not located through
the general search were retrieved from articles found through the above search strategies.
Also, LegalTrac, SAGE Premier 2017, LexisNexis Academic, and Political Science
Complete were used to locate articles for the literature review. During the literature
research, no literature was found that referred explicitly to disenfranchisement laws and
voting rights in Mississippi. The information in this review is limited to the creation of
felony disenfranchisement laws, as well as the impact of those laws on Blacks and voting
privileges.
Theoretical Foundation
The theoretical framework for this study was used to gain insight into the policy
processes used to implement the disenfranchisement law in Mississippi and its effects on
Black communities. SCF has been identified as the leading theory to gain insight into the
19
policy process and how a particular population may impact change. The SCF theory was
developed by Schneider et al. (2014). This theory seeks to illustrate how a policy may
shape the social construction of a targeted population and the position of those in power.
SCF also illustrates how policy design may affect democracy and political positions.
SCF focuses on certain groups of individuals who are affected negatively or
positively. This effect may also be interpreted as a burden or a benefit to a certain
population. Also, the theory is used to discover the results of the social construction of a
selected community (Schneider, et al., 2014). Though the theory continues to receive
criticism, scholars continue to use SCF for research.
Several researchers have used SCF for their studies. Two studies focused on the
intentions of a target population and the effects on a particular population and democracy.
Bensonsmith (2005) used SCF to examine the social construction of African American
women in welfare policy. Bensonsmith explored race, gender, and sexuality and how it is
used to develop welfare debates and state policies through symbolic and stereotypical
language such as welfare queen. The study illustrated the perception of Black women on
welfare by those in power and how those perceptions can influence policy. Boothe and
Harrison (2009) explored the difference between political powers in Canada and the
United States and focused on children’s environmental health. Boothe and Harrison used
the SCF to argue Canada’s lack of effort to embrace children’s environmental health
policies or to redefine the meaning of environmental issues. The study illustrated the
purpose and value of cross-national studies and political institutions’ influence. Both
20
studies revealed diverse levels of perception that may exist in the hands of those in
power.
The SCF theory does not work to solve a community’s problems, nor does it
promise to bring forth equality. However, it does identify the values of a particular group
of people and their knowledge, as well as the impact of those values on people and their
democracy. Under the U.S. Constitution and the 14th Amendment, states are allowed to
legalize disenfranchisement laws that affect previously incarcerated individuals who
committed a felony (U.S. Const. amend. XIV). SCF theory allows personal reality to be
developed from a person’s interpretation. The shared reality of a group of people creates
rules and regulations, as well as other norms. When people stop acknowledging those
shared realities and they diminish, new policies are created and modifications to laws
occur (Schneider & Sidney, 2009). I used SCF to force the conversation regarding the
effects of race and ethnicity on policymakers as it relates to the development of the
felony disenfranchisement law in Mississippi. The framework was also used to examine
any burdens Mississippi’s felony disenfranchisement law places on its Black
communities.
There are legal practices used to ban citizens from voting due to their criminal
convictions. In many cases, criminal disenfranchisement could range from temporary
deprivation to lifetime denial. The justification for criminal disenfranchisement laws
stems from two theories. The first theory developed from the Lockean theory asserts that
criminals have broken the law under the social contract. However, the Republican theory
argues that criminals are less honorable than other citizens. Despite assumptions, scholars
21
and judges believe voting is an essential right for all citizens, which affects all other civil
rights. Also, Macdonald (2009) explored the international obligation of countries,
including the United States, to protect the citizens’ rights to vote.
Literature Review
From being enslaved to being free to be called American citizens, Blacks have
faced many obstacles since they arrived in the United States. The right to be a part of the
decision-making process in the United States continues to be a challenge in the Black
community. Felony disenfranchisement laws have a detrimental effect on Black
communities and were designed to hinder the voting rights of Blacks in the United States
of America. One of the most detrimental effects of felony disenfranchisement laws is
taxation without representation. Previously incarcerated individuals are required to pay
taxes, but they are not a part of the decision-making process.
Though voting rights for Black Americans were enforced in 1965, legal barriers
Blacks faced remain in effect. Conflicting myths exist regarding felony
disenfranchisement laws and voting rights. Some individuals who may have committed a
crime still have the right to vote. Not all crimes are listed as restrictive crimes under
felony disenfranchisement laws (McCahon, 2016). Currently under the Mississippi
Constitution, 22 felony crimes exclude an individual from voting in Mississippi (Miss.
Const. Ann. Art. 12, § 253). Ochs (2006) revealed the differences between Black
convictions and White convictions. The study found that White individuals commit as
many crimes as Black individuals and other non-White races. However, Whites are not
given the same punishment or convictions. Inequalities in the justice system have a
22
significant effect on Black communities. Misrepresentation in the criminal justice system
creates a misrepresentation of citizens who are not White (Ochs, 2006; Zaman, 2015).
The following literature review provides insight into the chronicles of felony
disenfranchisement laws and the effects it has on voting and Black communities.
Being Black in America
The existence of Blacks in America has been the subject of many books, articles,
and studies. It is without question that America was not the origin of Blacks, but more so
that country in which they were brought against their will. America is the country that
became their home, and Mississippi was one of the places that owned them until the years
of reconstruction. The rich history of Black habitation and the inequality of their ability
to speak has been in effect since the early 1600s. Tracking the history of slaves in
America from the beginning also reveals the stance of Christian Americans. The
atmosphere of America reflected a desire to deplete any possibility of power in the hands
of Blacks by continuously denying them the freedom to be regarded as not only citizens
but also human beings (McDurmon, 2017).
Slaves were the moneymakers for the United States through the cotton market and
not the decision makers. Slavery was the option America chose to dehumanize Blacks
and to keep their voices mute within the decision-making process for political and
monetary gains. The effect of slavery is ongoing in the minds of Black Americans. On
the contrary, the effects of slavery on the United States of America were ruled beneficial.
The labor of enslaved Blacks is what modernized the country and is the reason it initially
became rich and powerful. However, all the forcible labor, service, and dedication to
23
their slave owners did not earn Blacks an immediate path to equality, justice, or the right
to cast their vote. Until the end of slavery in America, Blacks were counted and
purchased like animals (Graff, 2017).
President Abraham Lincoln took many steps to sign the Emancipation
Proclamation, which ended slavery in America. Lincoln saw slavery as a vital asset but
did not see it as a reason for the Civil War. Slavery was somewhat used as a pawn that
backfired. Initially, the expectation was that a war would not last long and slavery would
continue. Slavery lasted 200 years in America, but it would have continued if the
Supreme Court had revoked Lincoln’s Emancipation Proclamation. Lincoln’s thought
was that the Supreme Court would revoke the proclamation once the Civil War ended.
Lincoln’s intentions for slavery were not to make life easier for Blacks who were
enslaved. The president intended to preserve America and hinder the independence of the
South (May, 2013; Schwartz, 2015). Though slavery ended, Blacks were not given the
same opportunities afforded to Whites, and their lives were not of value to some of their
White counterparts. As recorded in a documentary film by Duvernay (2016), when the
Civil War ended, Blacks were massively arrested to rebuild the economy in the United
States. Blacks earned titles of being difficult and a threat to White people and their way
of life. During the 1970s, the era of mass incarceration began under President Richard
Nixon’s administration and continued until President Bill Clinton’s administration. The
War on Drugs was listed as a major crime, but there was not a real issue with drugs in the
United States. Presidents Nixon, Reagan, Bush, and Clinton’s approaches to addressing
criminal justice harmed the Black communities in the United States. Criminal activities
24
involving crack cocaine were given more time than criminal activities involving
powdered cocaine. More prisons have been built and more Black ex-felons exist who
cannot vote (Duvernay, 2016).
Though John Ehrlichman, a Nixon Advisor, admitted Blacks were an enemy of
the Nixon Administration, former President Clinton openly admitted his approach to
mass incarceration was not the correct approach to address criminal justice in the United
States. Being listed as an ex-felon not only affects an individual’s right to vote in
Mississippi, but it also affects the essentials to live a productive life as a citizen, which
further affects the community. Currently, 1 in 3 Black men versus 1 in 17 White men are
likely to be imprisoned. Black men make up approximately 6.5% of the population in the
United States but make up approximately 40.2% of the prison population.
The New Jim Crow era is an era of mass incarceration and legal laws that hinder
social equity or equality in the areas of education, employment, housing, jury service,
public benefits, and voting for Blacks. Blacks and their communities are affected the
most, which echoes the initial Jim Crow law that effectively hindered equality, justice,
and social equity. Voting has not been an easy privilege for Black American citizens and
still requires attention in the United States (Alexander, 2012).
Effects of Being Black in Mississippi
Towards the end of the 18th century, a debate over slavery, deportation, freedom,
and African colonization was the conversation in Virginia, Maryland, and Tennessee.
However, states such as Mississippi opposed the thought of ending slavery and acted to
secure their way of life (Herron, 2015). Brave promotors and scholars, such as George
25
Washington Albright and Edward Burghardt Du Bois of Holly Springs, Mississippi, were
among the first to educate Black Americans under conditions that were meant to hinder
the progress of bringing power to a race that was thought to be powerless. Former slaves
were behind the first schools that would begin the process toward social equity and
financial support for education in Mississippi. However, the cost of educating Blacks and
Whites in Mississippi’s public but separate schools created racial tension. Blacks
outnumbered Whites, and public schools were a necessity Blacks refused to neglect (B. S.
Johnson, 2017).
There were many challenges faced by Blacks and people such as Governor
William Winters who fought to right the wrongs of Mississippi. In the 1898 landmark
case Henry Williams v. Mississippi, Williams desired to oust the Mississippi Constitution
of 1890 as unconstitutional. However, the Supreme Court granted the laws that removed
African Americans from the political process through literacy tests, poll taxes, and
grandfather clauses as constitutional. This ruling gave Mississippi more stamina to
remain in the state of terror for Blacks. Mississippi would be the state that granted
acquittal for murders such as that of 14-year-old Emmett Till. The tragic murders of
Andrew Goodman, James Chaney, Medgar Evers, Michael Schwerner, and many others
were due to their desire to see social change and equality for Blacks. Mississippi was the
one state Dr. Martin Luther King, Jr. mentioned several times in his famous speech, “I
Have a Dream” (Pickett, 2016).
During the Jim Crow era, Mississippi had a set of laws that were seemingly
accepted by the United States of America. Blacks were to remain nonconfrontational.
26
However, the Freedom Riders during the 1960s challenged the legitimacy of the laws in
the Deep South, which caused many in power to act against them. White Mississippians
wanted to remain in power, and Freedom Riders threatened their stance in the Deep
South. Therefore, President John F. Kennedy and the governor of Mississippi, Ross
Barnett, reached an agreement to have the Freedom Riders arrested upon their arrival in
Jackson, Mississippi. The riders were charged with breach of peace and sent to Parchman
Penitentiary in Mississippi. Though the strategy was meant to deter the other Freedom
Riders, it only fueled the minds of people to press harder for equality. More Freedom
Riders traveled to Mississippi from across the United States to create social changes in
Mississippi (Lüthi, 2016).
Voting Rights for Blacks in America
For Blacks in America, insinuated allegations of inequality or discrimination are
often downgraded as the race defense. In America, some citizens believe the race defense
or “playing the race card” should not exist if race isn’t mentioned as the reason behind
inequality or discrimination (Jones, 2016). Blacks had to endure many obstacles to vote
in the Deep South. People like Fannie Lou Hammer challenged the laws in Mississippi
during the Jim Crow era through the Civil Rights Movement. Such efforts threaten the
lives of anyone who rebels against the ways of the Deep South. The laws of Jim Crow
supported the voting disenfranchisement for Black Americans, as well as lynching and
murders of Blacks (Mack et.al., 2016).
As reported by the U. S. Department of Justice (2017b), in 1868 the ratified 14th
Amendment granted citizenship to everyone who was born or individuals who were
27
accepted in America. Furthermore, in 1870 the 15th Amendment placed specific
emphasis on the denial of voting rights based on a person’s heritage, or origin. However,
the state-level courts that broadly define the right to vote as described under the
constitution protect the basic rights within our democracy. The state-level courts give a
narrow definition of the right to vote which harms those basic rights within our
democracy (Douglas, 2016). Mack et al., (2016) give an account of the struggle Blacks
faced in the United States to gain the right to vote. The voter suppression and resistance
throughout the southern states in the United States of America was a constant threat to
the lives of Blacks and their supporters. Though the right to vote was granted to all
citizens in 1868, rights were not enforced for Black Americans until the Voting Rights
Act of 1965 (B. A. Johnson, 2016; Voting Rights Act, 1965).
Power of the Black Vote and Its Effects in Mississippi
Though Blacks continue to strive for equality and social equity in the State of
Mississippi, many changes have occurred in the United States of America after the
Voting Rights Act of 1965. Elected officials in some areas were Black individuals who
would not have had a political future had it not been for the Voting Rights Act of 1965.
The change in society caused the curiosity of Whites to grow into skepticism and fear.
President Lyndon Johnson’s move towards equality removed barriers that had hindered
Blacks from being a part of the decision-making process. Barriers included
disenfranchisements such as poll tax, literacy tests, a voucher for a person’s character, as
well as disqualification for crimes that violated the accepted morals of the community
(Hayter, 2014).
28
Studies have examined the success of the Black vote and whether Black politics
in the United States could be achieved. President Barak Obama’s win in the 2012 election
against Mitt Romney demonstrated the power of the Voting Rights Act of 1965 and the
modern influence of Blacks in the decision-making process. Most of the Black voters
supported and voted for President Obama while Mitt Romney gained most of the White
voters’ support and vote. If the Black voters had not voted, Mitt Romney would have
won the election (Crotty, 2014).
Throughout his presidency, former President Obama has encouraged citizens who
wanted to see a change to vote. Though many Americans believe in the concept of the
Black Lives Matter movement, former President Obama’s thoughts were that supporters
of the movement should act through an official process of electing officials. Voting
would be more powerful and heard louder than physical screams without action (Jones,
2016).
Effects of Felony Disenfranchisement Laws on Voting in the Black Community
A felony is a crime that is more serious than a misdemeanor and may involve
violence. Punishment for such crimes usually includes prison time or death. Some
legalities allow states to apply felony disenfranchisement laws despite the
implementation of the Voting Rights Act of 1965 (Blessett, 2015). Felony
disenfranchisement laws restrict voting rights for individuals who are convicted felons.
Some researchers have described felony disenfranchisement as a rooted racialized issue
that determines who will be allowed to vote (Nelson, 2013). Others suggest the main
reason for felony disenfranchisement laws is to control perimeters of citizenship, to
29
develop a system of white supremacy, and to eliminate the possibility of a strong liberal
democracy (Guenther, 2016). Some researchers believe felony disenfranchisement laws
undermine our democracy in the United States by not including previously incarcerated
individuals in the decision-making process. Instead of being citizens, they are “semi-
citizens” (Whitt, 2017). But not all researchers believe felony disenfranchisement is
entirely wrong for the United States. Some researchers believe states are fair in not
establishing policies that allow felons to be a part of the decision-making process (López-
Guerra, 2014).
There are 6.1 million American citizens who cannot vote. One in 13 Blacks who
are of voting age is affected by felony disenfranchisement laws (Uggen et al., 2016). But
former Attorney General Eric Holder supports the re-enfranchisement of previously
incarcerated individuals. In 2014, former Attorney General Holder’s speech at the
Georgetown University Law Center revealed findings that supported re-enfranchisement
for previously incarcerated individuals. Individuals who regained their voting privileges
were less likely to commit additional crimes. On the contrary, Holder also found that
though a study exists that supports re-enfranchisement, previously incarcerated
individuals are presented with more hurdles to regaining access to voting privileges. His
thoughts during remarks at Georgetown University were that leaders of the criminal
justice system should reconsider felony disenfranchisement laws for previously
incarcerated individuals. He also offered the opinion that felony disenfranchisement laws
were counterproductive, unnecessary, and unjust (DOJ, 2017a).
30
Political ideology has been a major contributor to the development of felony
disenfranchisement laws in the United States (Ewald, 2012). The purpose of the
disenfranchisement laws is to intentionally create and implement discrimination against
Blacks and other non-white citizens. Felony disenfranchisement laws target and have
more of an impact on Black voters than White voters. Such laws significantly affect the
Black communities’ voting privileges more than the voting privileges in the White
communities. Black Americans can’t gain effective representation as fewer individuals
qualify as registered voters (Ochs, 2006; Zaman, 2015). Both Douglas (2014) and
Trahan-Liptak (2014) address the legal barriers of states and how it affects an
individual’s right to vote. The Constitution has placed itself in a position to monitor the
time, places, and how elections should be held. However, the structure of the United
States Constitution is somewhat inconsistent as it allows states to qualify or disqualify
voters (Douglas, 2014). States are not required to submit changes made to the voting laws
for their state. The research concluded that such leniency could lead to additional
disenfranchisement laws that include the exclusion of minorities (Trahan-Liptak, 2014).
There is no judicial approach to felony disenfranchisement laws or voter denial
claims. However, if courts would interfere in any claims of voter denial, the rights of the
states to enforce their voter qualification laws according to the United States Constitution
could be violated (Varnum, 2008). Disenfranchisement laws in the United States exclude
voting privileges for previously incarcerated individuals. Studies also reflect the purpose
of felony disenfranchisement laws as it relates to Blacks and minorities. Due to the felony
disenfranchisement laws, previously incarcerated people are noncitizens under the United
31
States policy (Nunn, 2005). Though the felony disenfranchisement laws were presented
as a race-neutral policy, it affects more Blacks and other minorities than Whites
(Cresswell, 2014; Powell, 2017; Wilson et al., 2015). Furthermore, the removal of the
felony disenfranchisement laws was unacceptable for those who held racial resentment
towards Blacks and other minorities. Many Americans believed that previously
incarcerated people should have their rights restored. However, Americans feel as though
the nature of the crime should be considered (Wilson et al., 2015). More policies and
laws are needed to protect the rights of citizens to vote. Removing barriers placed on
previously incarcerated individuals of color would assist with reentry and benefit the
community (Purnell, 2013).
The elite and certain classes and races do not have any difficulties voting.
However, due to the ethical issues displayed within voting rights, voting is skewed and
not beneficial for convicted felons, the homeless, and immigrants (Ruth et al., 2017).
There has not been a correlation between felony disenfranchisement laws and the
reduction in crime rates (Ziegler, 2011). However, such laws have also been beneficial to
political officials. State-level reports are often used to predict Black voter turnout based
on the number of individuals disenfranchised (King & Erickson, 2016). Studies show that
racial status, mass incarceration, and legal felony disenfranchisement are used to impact
election outcomes (Fosten, 2016). Felony disenfranchisement laws have impacted Black
communities directly. Black individuals are highly likely to be arrested and convicted of
felony crimes than Whites individuals (King & Erickson, 2016).
32
Felony Disenfranchisement Laws Across the United States
Felony disenfranchisement laws have at some point existed in each state across
the United States. Today, laws in several states have changed, with only a few states
remaining the same. Some lawmakers have taken a stand against felony
disenfranchisement laws that hinder people who have completed their sentencing from
voting. For example, Governor Cuomo of New York issued an executive order providing
parolees with voting privileges. The governor’s thoughts were that denying voting
privileges to citizens who completed their sentencing was immoral. Issuing the order was
meant to decrease the effects of disenfranchisement and the fairness of democracy by
restoring voting rights privileges (Office of the Governor, 2018). The American Civil
Liberties Union reports that denying voting rights to an entire class of citizens
undermines democracy and makes our country exclusive. Furthermore, the organization
reports that when a previously incarcerated individual participates in the decision-making
process, recidivism decreases (Hoffman, 2019).
States, such as West Virginia, Virginia, North Carolina, South Carolina, Georgia,
Arkansas, Wisconsin, Minnesota, South Dakota, Kansas, Texas, New Mexico, Idaho,
Washington, and New Jersey, also restore voting rights when defendants complete
sentencing, which includes prison, parole, and probation (Brennan Center for Justice,
2019). In Connecticut and California, voting rights are restored automatically after
defendants are released from prison and discharged from parole. However, people on
probation may vote. Louisiana allows voting rights to be restored for people on probation
or parole who have sustained from being reincarceration for the last 5 years. Nebraska’s
33
laws allow defendants to vote 2 years after completing sentencing. However, treason
convictions will disenfranchise a person until their civil rights are restored individually.
Oklahoma will restore the voting rights of a previously incarcerated individual who has
completed sentencing, which includes prison, parole, and probation. However, the
disenfranchisement of these individuals will last until the period of the original sentence
is complete (Brennan Center for Justice, 2019).
Voting rights are restored automatically after individuals are released from prison
in the following states: New Hampshire, Massachusetts, Rhode Island, New York,
Pennsylvania, Michigan, Indiana, Illinois, North Dakota, Montana, Oregon, Nevada,
Utah, and Colorado. Though Ohio’s laws restore voting rights automatically after
individuals are released from sentencing, a person who has violated the election laws
more than once will permanently face disenfranchisement (Brennan Center for Justice,
2019).
Previously, Florida laws permanently disenfranchised particular individuals with
criminal convictions, unless restoration was given by the governor. The laws were
amended to restore the voting rights of a previously incarcerated individual automatically
upon the completion of sentencing, which includes probation and parole but excludes
murder or felony sexual offense convictions. However, in April of 2019, Florida
amended the Voting Rights Restoration Bill, HB 7089, which now requires previously
incarcerated individuals who committed felons to pay all fees and fines to the courts
before regaining the right to vote. This could be the new poll tax used to continue
eliminating the Black votes (The Sentencing Project, 2019). There are no
34
disenfranchisement laws for previously incarcerated individuals with criminal
convictions in Vermont and Maine. Individuals in both states never lose their voting
privileges, even if they are incarcerated (Lewis, 2019).
Currently, eight states permanently disenfranchise citizens with criminal
convictions, unless the governor approves restoration of their rights. These states are
Mississippi, Alabama, Tennessee, Missouri, Maryland, Delaware, Wyoming, and
Arizona. Kentucky and Iowa disenfranchise individuals for all felony convictions unless
the governor approves the restoration of their rights (Brennan Center for Justice, 2019).
The European Convention on Human Rights acknowledges felony disenfranchisement
laws in the United States as a violation of its policies which guarantees freedom and fair
elections (Chung, 2019).
Felony Disenfranchisement Laws in Mississippi
Felony disenfranchisement laws may place a permanent restriction on previously
incarcerated individuals who have committed specific felony crimes despite the
completion of their sentencing (Cresswell, 2014; Daniels, 2017; Heath, 2017). The
Mississippi Constitution states that felony disenfranchisement is a lifelong consequence
for those who have committed one of the felons listed in the law despite completing their
sentencing. However, the governor may pardon those previously incarcerated for
committing a felony. Legislatures may also grant reinstatement to previously incarcerated
citizens (Miss. Const. Art. 12, § 253). Disenfranchisement laws have overshadowed
federal power due to Section 2 of the 14th Amendment. Congress still has a right to
appropriately utilize the Voter Rights Act of 1965 and eliminate state power (Tolson,
35
2012). The preclearance of electoral changes was required and falls in line with
Congress’s broad authority to honor the rights of citizens to vote and to equally honor
elections under the United States Constitution. However, the Supreme Court’s decision in
the Shelby County vs Holder case did rule in favor of preclearance (Tolson, 2014).
The Sentencing Project, “Felony Disenfranchisement Rate” (2017b) shows
Mississippi as having the 2nd highest felony disenfranchisement rate in the United States.
Furthermore, according to The Sentencing Project, “Criminal Justice Facts” (2017a),
based on the men born in the United States of America in 2001, the likelihood of
incarceration for Blacks is 1 in 3 Blacks versus 1 in 17 Whites in the United States of
America. In the state of Mississippi, racial disparity in the incarceration rate for Black
and White individuals is 3 Black individuals for every 1 White individual. Mississippi
officials created felony disenfranchisement laws to minimize the Black vote. The New
Jim Crow is also referenced in the study. The book entitled “The New Jim Crow” by
Michelle Alexander, references mass incarceration as the legalized racial oppression in
the United States (Chen, 2014).
Techniques of Direct Disenfranchisement
Voting suppression included poll taxes, literacy tests, and voter intimidation. To
deter Black voters, White Primaries were held, and the poll was operated by White poll
workers who illegally denied voter participation to Blacks (Mack et al., 2016). Black
voters also faced ballot box laws which required guessing in which box to place a ballot.
Furthermore, White supremacists terrorized Black male voters with intimidation and
violence (Berry, 2014).
36
Modern-day voter suppression includes voter ID laws which are not uniform
across the states. Republicans’ defense of such laws is garnished with a safeguard against
fraud while Democrats describe such stance as another form of voter suppression. Some
researchers believe the restrictive voter ID laws are a way to maintain Republican support
while diminishing Democratic gains (Hicks et al., 2015). Others believe such tactics are
used to burden and frustrate prospective voters (Yablon, 2017).
Criminal Offenses of Blacks in Mississippi
Some studies have challenged the purpose of the U.S. Constitution as it relates to
citizenship and involuntary servitude. Disenfranchisement laws could contradict the U.S.
Constitution if states and the federal government can subject citizens to involuntary
servitude for crimes while the 15th Amendment bans disenfranchisement due to status
(Ziegler, 2011). On the contrary, though voting is a fundamental right for citizens in the
United States as ruled in Yick Wo v. Hopkins, the Supreme Court has ruled that felony
disenfranchisement laws are legal under the Constitution if it is not developed based on
racial discrimination (Ewald, 2009; Sigler, 2014). Seemingly, the Supreme Court
continues to ignore or deny the millions of Americans who have a limited chance of ever
regaining the right to vote despite completing their sentencing (Heath, 2017; Ispahani,
2006).
In the 21st Century, it is difficult for a person who has committed a felony to have
all their fundamental rights as a citizen in Mississippi. Being labeled as a previously
incarcerated person who has committed a felony will strip a person’s voting rights. There
37
have been several cases filed in the Supreme Court hearings to overturn laws that
hindered the voices of people who have committed a felony but have served their time.
Johnson v. Governor of the State of Florida brought forth the questions of
whether it was discriminatory to deny previously incarcerated individuals the right to
vote under the 14th and 15th Amendments, and whether the denial violated Section 2 of
the Voting Rights Act of 1965. Under Section 2, codified at 42 U.S.C. § 1973, it is illegal
to create or redesign election districts in ways that improperly diminish the voting power
of minorities (Voting Rights Act, 1965). The plaintiff’s argument included cases such as
Hunter v. Underwood to insinuate Florida’s intent for creating disenfranchisement was
discriminatory. Cotton v. Fordice was also utilized to argue against the plaintiff’s notion
that Florida did not breach the principles of the 14th and 15th Amendments, or the Voting
Rights Act of 1965. The Supreme Court ruled in favor of the defense citing that
disenfranchisement did not violate the Equal Protection.
Hunter v. Underwood allowed the Supreme Court to review the equal protection
challenge regarding a criminal disenfranchisement provision in Alabama. The results
were that Alabama’s provision to criminal disenfranchisement did violate the Equal
Protection Clause because it was implemented in 1901 to reduce the political authority of
Blacks. Alabama never altered nor reenacted the provision to exclude racial biases.
In Johnson vs Governor of the State of Florida, the defendant’s argument utilized
Cotton v. Fordice to eliminate the plaintiff’s stance regarding Hunter v. Underwood. The
defendant’s stance revealed there were amendments to the disenfranchisement provisions
between 1890 and 1968 that were not acknowledged in the Hunter v. Underwood case.
38
Though initial provisions to the disenfranchisement laws were made with discriminatory
intent, they argued that over the years there were crimes added and removed. However,
the plaintiff acknowledged that those changes still purposely affected Blacks.
Cotton v. Fordice challenged the disenfranchisement laws and voting rights in
Mississippi. The court ruled in favor of the defendants because of the amendments made
to the Mississippi Constitution in 1950 and 1968. Each amendment outweighs the
previous revision. Therefore, discrimination wasn’t a factor and could not be a cause to
rule in favor of the plaintiffs.
The rights of previously incarcerated individuals are limited. In Hayden v. Pataki,
the Supreme Court ruled that Congress did not intend to expand the rights to vote for
felons under the Voting Rights Act of 1965. Also, in Simmons v. Galvin, the Court
rejected the Voting Rights Act Section 2 challenge against the state statute to
disenfranchise incarcerated felons.
Summary
The literature review offers strategies used to locate articles for future research.
Contents of the literature review present information that explores the theoretical
framework, as well as information that targets the effects of disenfranchisement laws on
the voting privileges of Blacks in America. It also provides an understanding of the
history of Black in America and the right to vote as well as the initial purpose of
disenfranchisement laws that now affect previously incarcerated individuals in the United
States of America.
39
The voting rights for Blacks Americans have caused them to face turmoil and
discomforts that Whites have not had to face. Trials and tribulations have often involved
intimidation, threats, deaths, and voter suppression. Though the Constitution governs the
legalities of the United States of America, it also allows states to have some governing
power to implement laws. Previously incarcerated individuals in the state of Mississippi
are not given all the rights as citizens due to felony disenfranchisement restrictions. The
Black population in Mississippi does not reflect potential voter turnout due to voter
suppression and felony disenfranchisement laws.
SCF will be used to gain insight into the policy processes used to implement the
disenfranchisement law in Mississippi and its effects on Black communities. The history
of Blacks in America began with slavery and continues to include oppression
camouflaged by incarceration and disenfranchisement laws. The literature review
presents the progress states have made to ensure ex-felons can take part in the decision-
making progress. Mississippi has not eliminated or altered its felony disenfranchisement
laws which leave communities underrepresented in the decision-making process. The
review gives a reflection on disenfranchisement law and voting rights in Mississippi and
its effects on Mississippi’s Black communities. The review further acknowledges
techniques used to enforce direct disenfranchisement, as well as the cases brought before
the U.S. Supreme Court to eliminate the felony disenfranchisement law that prevents an
individual or previously incarcerated individual from voting despite completing their
sentencing.
40
The literature research for this study was conducted using numerous sources of
information. However, no literature was found that referred explicitly to
disenfranchisement laws and voting rights in Mississippi. Unfortunately, studies
dedicated to Mississippi’s position and current purpose of felony disenfranchisement and
its effects on the Black community are limited. The information for this literature review
is limited to the creation of felony disenfranchisement laws, as well as the impact of those
laws on Blacks and voting privileges. The research hopes to provide readers with
information concerning disenfranchisement laws affecting the voting rights of Blacks in
Mississippi. Details of how this research gap was filled are presented in Chapter 3.
41
Chapter 3: Research Method
Chapters 1 and 2 introduced felony disenfranchisement and its effect on voting
rights in the United States of America. What has not been explored are the thoughts of
Black Mississippians. There is a long history of voting restrictions placed on Blacks, and
the felony disenfranchisement laws seem to be a modern-day restriction. The purpose of
this general qualitative study was to examine the perceptions regarding felony
disenfranchisement laws and voting rights in the Black communities of Mississippi.
Mississippi has 22 felony crimes under the felony disenfranchisement law. Though other
races commit such crimes, Blacks are more likely than Whites to be incarcerated and
convicted of those crimes (Chung, 2019). The number of Blacks in prison leaves the
Black vote disproportioned in Mississippi.
The current study explored felony disenfranchisement laws and voting rights in
Mississippi’s Black communities. The results of this study could facilitate social change
in the state of Mississippi by challenging political officials and citizens to reexamine
disenfranchisement laws in Mississippi and the precepts of the U.S. Constitution.
Presenting information regarding the initial purpose of the felony disenfranchisement
laws and their impact may also inspire all citizens to question the modern-day purpose of
the laws that affect the voting privileges of those previously incarcerated for committing
a felony under the Mississippi Constitution despite completing sentencing. Currently,
taxation without representation does not reflect the livelihood of an individual who has
completed sentencing for the felony crime committed under the felony
disenfranchisement law. A previously incarcerated individual who committed one of the
42
felonies in Mississippi is presented with the reality that voting as a fundamental right is
not easily granted to all citizens. The significance of exploring the effects of felony
disenfranchisement laws and voting in Black communities in Mississippi may encourage
legislatures to implement strategies to allow taxation with representation for previously
incarcerated individuals who committed a felony.
Chapter 3 gives detailed information regarding the qualitative method used to
support the understanding of participants’ experiences. Participants for this study
included Mississippi’s political officials, residents, and previously incarcerated
individuals who had committed a felony under the felony disenfranchisement law but had
completed sentencing. Each participant assisted me in examining the purpose and effects
of Mississippi’s felony disenfranchisement law on Black communities.
Measure
This research explored the purpose of disenfranchisement laws and current views
regarding the felony disenfranchisement laws’ effects on voting in Mississippi’s Black
communities. Exploring the effects of felony disenfranchisement laws in Mississippi may
give additional insight that may enlighten political officials and citizens in the state. This
study also highlighted the perspectives of political officials and Black citizens. Research
questions used to explore and gain an understanding of participants’ experiences were as
follows:
Research Questions
RQ1: What are the perceptions that exist of the felony disenfranchisement law by
Black Americans in Mississippi?
43
RQ2: How do previously incarcerated African Americans experience and
characterize the impact of political disparity in Mississippi?
Research Design and Rationale
The general qualitative design was chosen to examine the experiences of
participants. SCF was selected as the framework for this research. This theory focuses on
specific groups of individuals who are affected negatively or positively. The effects may
also be interpreted as a burden or a benefit to a defined population. The SCF theory
identifies the results of social construction in a certain community (Schneider et al.,
2014). The U.S. Constitution, under the 14th Amendment, allows states to legalize
disenfranchisement laws that affect previously incarcerated individuals (U.S. Const.
amend. XIV). Under the SCF theory, personal reality is developed from a person’s
interpretation. The shared reality of a group of people creates rules and regulations, as
well as other norms. The purpose of disenfranchisement laws is to intentionally create
and implement discrimination against Blacks and other non-White citizens. Felony
disenfranchisement laws target and have more of an impact on Black voters than White
voters. Such laws significantly affect Black communities’ voting privileges more than
voting privileges in White communities (Ochs, 2006; Zaman, 2015).
One of the most detrimental effects and burdens of felony disenfranchisement
laws is taxation without representation. Previously incarcerated individuals who
completed sentencing are required to pay taxes, but they are not a part of the decision-
making process. Black communities cannot gain effective representation because fewer
individuals qualify as registered voters (Ochs, 2006; Zaman, 2015). However, when
44
people stop acknowledging those shared realities and it diminishes, new policies are
created and modifications to laws occur (Schneider & Sidney, 2009). Both Douglas
(2014) and Trahan-Liptak (2014) addressed the legal barriers of states and how they
affect an individual’s right to vote.
Felony disenfranchisement laws may place a permanent restriction on previously
incarcerated individuals who have committed specific felony crimes despite the
completion of their sentencing (Cresswell, 2014; Daniels, 2017; Heath, 2017). Though
several states have eliminated or changed disenfranchisement laws (Porter, 2016),
Mississippi has not. The current study explored felony disenfranchisement laws and
voting in the Black communities in Mississippi.
SCF will allow social construction to justify the benefits and burdens associated
with the policy, which has effects on democracy (Schneider et al., 2014). This framework
allowed me to explore any effects race and ethnicity have on policymakers and
communities as they relate to the development of felony disenfranchisement laws.
Furthermore, SCF was used to examine the experiences of Mississippi’s political
officials, residents, and previously incarcerated individuals who committed a felony as it
pertains to voting and felony disenfranchisement laws. Examining such experiences
allowed me to explore any burdens felony disenfranchisement laws place on
Mississippi’s Black communities. The study has the potential to create social changes
that may allow previously convicted felons who have completed sentencing to vote and
be a part of the decision-making process in Mississippi. This social change may allow
45
taxation with representation for all citizens and social equity to exist throughout
Mississippi.
Role of the Researcher
My role as the researcher was to remain neutral and unbiased, respect all
participants, and keep notes throughout the research process. All personal and
professional relationships with participants were revealed within the study. Each
participant’s identification was continuously protected by me. If this study elicited mental
anxieties of participants, they were directed to a counselor for support. Having an in-
depth conversation with each participant allowed me to explore their experiences and
relay their perspectives to the readers of this study. Furthermore, having a relational
approach required me to listen to thoughts that may be different from my own (see
Ravitch & Carl, 2016). Such practice assisted in eliminating biases.
Methodology
Qualitative methodology was chosen to gain more information on a topic that had
not been fully explored. Qualitative research is exploratory, and the theoretical lens’ role
will be used to conduct the research. With the theoretical lens of qualitative research,
researchers look beyond a participant’s experiences to examine key components that
affect an individual. According to Erickson (2011), qualitative researchers look to
understand the decision-making process of individuals and their lived experiences.
Qualitative methodology is used to identify a group of people involved in the research.
Participants for the current study included Mississippi’s residents, political officials, and
previously incarcerated individuals who completed sentencing. Each category was
46
essential to explore the disenfranchisement laws affecting the voting rights of Blacks in
Mississippi.
Mississippi residents have the fundamental right to be a part of the decision-
making process by electing officials who closely represent their views. The political
officials are the governing body elected by residents who have the right to vote. Political
officials not only make decisions based on personal life experiences, but they also make
decisions based on their supporters. Previously incarcerated individuals who have
committed a crime under the felony disenfranchisement law in Mississippi do not have
voting rights and do not have an opportunity to hold a political position.
Participants
The participants included Mississippians categorized as political officials,
residents, and previously incarcerated individuals who committed a felony. The data
source included in-depth face-to-face interviews. Race, educational background,
employment status, voting status, and political affiliations were important components of
this study and were identified in each category. All participants in this study were
identified by their passports, driver’s licenses, or legal identification card.
Mississippi political officials were required to have state- or district-level status
and must have been in office for at least 5 years. They must not have been charged or
convicted of any crimes. Their political affiliation was verified through the Mississippi
State Election Office. Political officials must have been registered voters for at least 10
years. The Mississippi State Elections Office and the Secretary of State Department
47
verified the political officials. The Circuit Clerk’s Office was used to verify voter
registration.
Mississippi residents included active voters and nonvoters who had not been
charged or convicted of any crimes. Participants for this category must have been at least
21 years of age and eligible to register to vote in Mississippi. Residential participants
must have been Mississippi residents for at least 10 years and must have resided in
Holmes County, Mississippi for at least 5 years.
Previously incarcerated individuals must have committed one of the crimes listed
under the felony disenfranchisement law in Mississippi. Participants must have been
Mississippi residents for at least 10 years and must have resided in Holmes County,
Mississippi for at least 5 years. Individuals must not have been eligible to vote due to
Mississippi’s felony disenfranchisement law. Also, previously incarcerated individuals
must have served and completed sentencing in Mississippi. Proof of their sentencing
completion was provided by the Mississippi Department of Correction.
From being enslaved to being free to be called American citizens, Blacks have
faced many obstacles since they arrived in the United States. The right to be a part of the
decision-making process in the United States continues to be a challenge in the Black
community. Felony disenfranchisement laws have a detrimental effect on Black
communities and were designed to hinder the voting rights of Blacks in the United States
of America. One of the most detrimental effects of felony disenfranchisement laws is
taxation without representation.
48
The voting rights for Black Americans have caused them to face turmoil and
discomforts that Whites have not had to face. Trials and tribulations have often involved
intimidation, threats, deaths, and voter suppression. The level of knowledge surrounding
the effects of felony disenfranchisement laws on voting rights in Mississippi’s Black
communities and how much new information may be presented in this study was
unknown at the time of the study. Nonetheless, I believe that many of Mississippi’s
citizens are aware of the rich history of racism against the Black community and the
struggles for a Black individual to vote.
The sample size for this research was intended to include at least 15 participants
divided equally among the categories. The categories were identified as Mississippi’s
political officials, Mississippi’s residents, and Mississippi’s previously incarcerated
individuals. Though each category was intended to include at least five participants, lack
of data saturation may have caused me to include additional participants to satisfy the
research efforts. A letter was sent to prospective participants (see Appendix A), and ads
were placed in local newspapers and on social media (see Appendix B).
Procedures
The following steps were taken to ensure quality participants were recruited and
informed. Steps were also taken to collect and review data and validate findings in this
study:
1. Contact the chairperson of the both the Democratic and Republican Party
2. Send a letter detailing the purpose of the study to each party affiliate and
request assistance to inform and recruit political officials. Also send a letter to
49
Holmes County, MS residents and previously incarcerated individuals who
committed a felony and completed sentencing.
3. Post a newspaper ad and social media ad to gain interest from previously
incarcerated individuals and general Mississippi residents.
4. Send a request to interested participants to schedule a face-to-face interview
with me. Send a follow-up letter or phone call if participants have not
responded within 1 week.
5. Schedule phone conference calls with potential participants. The calls will
allow me to explain the study to the potential participants and answer any
questions.
6. Include at least 15 participants in face-to-face interviews. The participants will
be categorized as Mississippi political officials, residents, and previously
incarcerated individuals. Participants will be divided equally among the
categories.
7. Transcribed and analyzed audiotapes accurately.
8. Ask two graduate students from Walden University to assist with the
verification of data and validation of themes. The course professor will
recommend two students who can handle the validation procedure. Students
will follow the rules and regulations regarding the ethical protection of
participants.
50
Data Collection
Obtaining data using in-depth face-to-face interviews would allow me to
accurately explore the research topic from several perspectives. Furthermore, this type of
interview would allow me to obtain detailed information. Individual interviews were
tailored to accommodate the truth of each interviewee, not me. Each interview opens the
door to a researcher’s understanding of the topic through each interviewee’s experience
(Rubin & Rubin, 2012). In-depth face-to-face interviews for the current study were
intended to include at least 15 participants. The participants included political officials,
general citizens of Mississippi, and previously incarcerated individuals who had
committed a felony. Each category included at least five participants.
Each interview will be conducted in a quiet and private secure location in Pickens,
MS. The day of the week for interviews will be Saturday until each participant is
interviewed. However, the location and time may be altered to accommodate a
participant’s needs. Interviews will be recorded and transcribed. Written notes will be
taken to record nonverbal communication. Such notes will also provide details regarding
the atmosphere of the interview. Files will be created to organize the transcribed
interviews. All documents, discovery, transcripts, and equipment will be stored securely
in a locked cabinet at the researcher’s home for at least 7 years. When the data has been
reviewed and transcribed, participants from the face-to-face interviews will review their
information. Following the review, the researcher will begin analyzing the information.
Only the researcher and those directly associated with the study will have access to
transcripts. The identity of each participant will be removed and replaced with letters and
51
numbers before the data is verified. However, those directly associated with the study
will be required to sign a confidentiality agreement.
Data Analysis
Coding in research gives meaning to data. Therefore, codes may be one word or
phrase that describes data (Ravitch & Carl, 2016). There are two approaches I may take
to coding, inductive and deductive. Both processes bring attention to the methods and
findings. However, the approach to take for this is inductive. The method that will work
moving forward will be to collect the data before presenting codes (Ravitch & Carl,
2016). Categories in a study are used to break down the codes without reducing the
perception or theoretical framework of the researcher (Ravitch & Carl, 2016). Several
categories may produce an unproductive assessment of the data (Sipe & Ghiso, 2004).
From my work, the potential codes may be categorized by age, gender, or race. Though
themes do not emerge from the data, they do represent the concept of the data. Therefore,
several themes may be developed (Ravitch & Carl, 2016). According to Noble and Smith
(2014), identifying recurring and significant themes is a major skill in undertaking
qualitative data analysis.
The study will explore the purpose of disenfranchisement laws and current views
regarding felony disenfranchisement laws’ effects on voting in Mississippi’s Black
communities. The face-to-face interviews will focus on the research questions. The first
research question pertains to the perceptions of Black Americans in Mississippi regarding
the felony disenfranchisement laws. Voting as a fundamental right for all citizens is not
granted to a previously incarcerated individual who committed a felony despite
52
completing their sentencing in Mississippi (Miss. Const. Ann. Art. 12, § 253). Though
other races commit crimes, Black individuals are more likely than White individuals to be
incarcerated and convicted (Chung, 2019). Therefore, felony disenfranchisement law
affects the qualities of citizenship of more Black individuals than White individuals. As
the researcher, I would explore each participant’s thoughts and experiences regarding
citizenship and Mississippi’s felony disenfranchisement law. Therefore, the themes for
the first research question may be “Citizens’ Perspective of Previously Incarcerated
Black Americans” and “Citizens’ Perspective of Citizenship.”
The second research question addresses the experiences of previously
incarcerated Black Americans as it relates to the political gap in Mississippi. Lawmakers
created felony disenfranchisement laws as a neutral policy. However, Black communities
voting privileges are affected more than White communities’ voting privileges (Wilson,
Owens & Davis, 2015; Cresswell, 2014; Powell, 2017). The lack of voting privileges for
previously incarcerated Black individuals in Mississippi may leave Black communities
underrepresented in the decision-making process (Chung, 2019). Currently, taxation
without representation does not reflect the livelihood of an individual who has completed
sentencing for the felony crime committed under the felony disenfranchisement law. A
previously incarcerated individual who committed one of the felony crimes in Mississippi
is presented with the reality that voting as a fundamental right is not easily granted to all
citizens. The significance of exploring the effects of felony disenfranchisement laws and
voting in Black communities in Mississippi may encourage legislatures to implement
strategies to allow taxation with representation for previously incarcerated individuals
53
who committed a felony. Therefore, themes for this research may be “Previously
Incarcerated Blacks’ Perspective on Voting in Mississippi” and “Political Officials’
Perspective on Political Gaps in Mississippi.” Additional themes may be “Political
Officials’ Perspective on Voting Rights,” “Residents’ Perspective on Voting Rights,”
“Political Officials’ Perspective on Felony Disenfranchisement,” “Residents’ Perspective
on Felony Disenfranchisement”, and “Political Officials’ Perspective on the Black
Communities.”
Though the codes will develop from the data collected, themes for my qualitative
research are evolving. Voting rights for Black individuals have caused them to face
turmoil and discomforts that White individuals have not had to face. Trials and
tribulations have often involved intimidation, threats, deaths, and voter suppression.
Though the Constitution governs the legalities of the United States of America, it also
allows states to have some governing power to implement laws. Though the Voting
Rights Act of 1965 granted Black Americans the right to vote in the United States, Black
voters in Mississippi may be underrepresented as a result of felony disenfranchisement
laws in violation of the 14th Amendment’s Equal Protection Clause which requires states
to practice the protection of equality for individuals (Voting Rights Act of 1965, Pub. L.
89-110, 79 Stat. 437; U.S. Const. amend. XIV). Furthermore, Mississippi felony
disenfranchisement laws may target offenses that are more likely to be committed by
Black individuals than Whites individuals which may impact voter representation in
certain legislative or congressional districts in Mississippi. Additional themes may be
“Citizen Perspective of Voting” and “Generational Views of Civil Rights” to reflect the
54
age and race category, as well as “Power Sources of Voting” to reflect the gender
category and “Racial Understanding of Voting” to reflect the racial category.
Issues of Trustworthiness
Validity deals with what is measured and how well it is measured (Mohajan,
2017). The data source will include in-depth face-to-face interviews. The sampling size
for this research will include at least 15 participants divided equally among the
categories. The categories will be identified as Mississippi’s political officials,
Mississippi’s residents, and Mississippi’s previously incarcerated individuals. Though
each category will include at least five participants, saturation may cause the researcher
to include additional participants to satisfy research efforts.
All participants in this study may be identified by their passports, driver’s
licenses, or legal identification card. Race, educational background, employment status,
voting status, and political affiliations are important components of this study and must
be identified in each category. Two fellow graduate students at Walden University who
understand qualitative inquiry will perform the peer review. Peers will consist of one
male and one female reviewer to provide gender balance. The peer-review process in
qualitative inquiry is similar to that of “inter-rater reliability in the quantitative inquiry”
(Creswell, 1998).
Transferability is established by providing readers with evidence that the research
study’s findings could apply to future studies (Gill, Gill, & Roulet, 2018). The database
for this study will include Mississippi’s political officials, residents, and previously
incarcerated individuals who committed a felony but completed their sentencing. As the
55
researcher, providing the database will make transferability possible for further research
if applicable.
Mississippi political officials may have state or district-level status and must have
been in office for at least 5 years. Participants must not have been charged or convicted
of any crimes. The political affiliation will be verified through the Mississippi State
Election Office. Political officials must have been registered voters for at least 10 years.
The Mississippi State Elections Office and the Secretary of State Department will verify
political officials. The Circuit Clerk’s Office will be used to verify voter registration.
Mississippi residents will include active voters and nonvoters who have not been
charged or convicted of any crimes. Participants for this category must be at least 21
years of age and be eligible to register to vote in Mississippi. Residential participants
must have been Mississippi residents for at least 10 years and must have resided in
Holmes County, Mississippi for at least 5 years.
Previously incarcerated individuals must have committed one of the crimes listed
under the felony disenfranchisement law in Mississippi. Participants must have been a
Mississippi resident for at least 10 years and must have resided in Holmes County,
Mississippi for at least 5 years. Individuals must not be eligible to vote due to
Mississippi’s felony disenfranchisement law. Also, previously incarcerated individuals
must have served and completed sentencing in Mississippi. Proof of their sentencing
completion will be provided by the Mississippi Department of Correction.
Reliability deals with the confidence readers can have in the data collected
(Mohajan, 2017). Each interview will be conducted in a quiet and private secure location
56
in Pickens, MS. The day of the week for interviews will be Saturday until each
participant is interviewed. However, the location and time may be altered to
accommodate a participant’s needs. Interviews will be recorded and transcribed. Written
notes will be taken to record nonverbal communication. Such notes will also provide
details regarding the atmosphere of the interview. Files will be created to organize the
transcribed interviews. All documents, discovery, transcripts, and equipment will be
stored securely in a locked cabinet at the researcher’s home for at least 7 years. When the
data has been reviewed and transcribed, participants from the face-to-face interviews will
review their information. Following the review, the researcher will begin analyzing the
information. Only the researcher and those directly associated with the study will have
access to transcripts. The identity of each participant will be removed and replaced with
letters and numbers before the data is verified. However, those directly associated with
the study will be required to sign a confidentiality agreement. Duplicates of the original
transcript will be provided to the students. Also, copies of the research findings will be
provided. Research findings will contain information regarding the participant’s
structural description, as well as a description of the group in its entirety.
Confirmability is the researchers’ efforts to recognize possible expectations or
preferences in the results of the study through the findings of their study through open-
mindedness and unbiased interpretation of the data (Gill, Gill, & Roulet, 2018). An
explanation of researcher bias is imperative in the proposed study.
The researcher in the proposed study is a single black female. Previously, the
researcher worked as a Victim Assistance Coordinator and Pretrial Diversion Supervisor
57
with a District Attorney’s Office in Mississippi. She also served as the Democratic
Precinct Chairperson and was an elected Board of Education member for her district.
During the 2016 Presidential Election, the researcher was instrumental in a voter
registration rally to motivate citizens to activate their right to vote. This is where she
learned that low voter turnouts in Mississippi were not due solely to the lack of interest of
some citizens in the Black community, but due to the felony disenfranchisement laws.
This researcher has lived in Mississippi most of her life and voting has always been a
priority. The researcher is aware of her experiences and will bracket them accordingly.
Ethical Protection of Participants
Participants for this research will be adult males and females who choose to
volunteer as participants. Each participant will complete a consent form to participate in
this study. The Institutional Approval Board number for this study is 11-19-19-0197221.
Also, the confidentiality of each participant will be protected, and all documents,
equipment, discovery, and transcripts associated with this study will be stored securely at
the researcher’s home in a locked cabinet for at least 7 years. Only the researcher and
those directly associated with the study will have access to transcripts. The identity of
each participant will be removed and replaced with letters and numbers before the data is
verified. Mississippi’s political officials will be identified as MO#, Holmes County, MS
residents will be identified as HR#, and Holmes County, MS previously incarcerated
individuals will be identified as HI#. Therefore, no known harm to participants’ character
or status among their peers will exist.
58
Summary
The previous chapters introduced felony disenfranchisement and its effect on
voting rights in the United States of America. What has not been explored are the
thoughts of Mississippians. The proposed research will explore felony
disenfranchisement laws and voting rights in Mississippi’s Black communities. Details of
this study could facilitate social change in the state of Mississippi by inspiring political
officials and citizens to reexamine disenfranchisement laws in Mississippi and the
precepts of the U.S. Constitution. Presenting information regarding the initial purpose of
the felony disenfranchisement laws and their impact may also inspire all citizens to
question the modern-day purpose of the laws that affect the voting privileges of those
previously incarcerated for committing a felony under the Mississippi Constitution
despite completing sentencing. Currently, taxation without representation does not reflect
the livelihood of an individual who has completed sentencing for the felony crime
committed under the felony disenfranchisement law. The significance of exploring the
effects of felony disenfranchisement laws and voting within Black communities in
Mississippi may encourage legislatures to implement strategies to allow taxation with
representation for previously incarcerated individuals who committed a felony.
A qualitative methodology was chosen to gain more information on a topic that
has not been fully explored. The study will utilize at least 15 of Mississippi’s residents,
political officials, and previously incarcerated individuals who completed sentencing.
Having an in-depth conversation with each participant will allow the researcher to
explore experiences and relay their perspectives to the readers of the study. Therefore, the
59
role of the researcher will be to protect the identity of each participant, remain neutral and
unbiased, respect all participants, and keep notes throughout the research process. The
researcher will also direct participants to a counselor for support if this study opens the
door to mental anxieties.
Social construction framework (SCF) has been identified as the framework for
this research. This theory focuses on specific groups of individuals who are affected
negatively or positively. The effects may also be interpreted as a burden or a benefit to a
defined population. SCF will allow the researcher to explore any effects race and
ethnicity have on policymakers and communities as it relates to the development of
felony disenfranchisement laws. Furthermore, it examines the experiences of
Mississippi’s political officials, residents, and previously incarcerated individuals who
committed a felony as it pertains to voting and felony disenfranchisement laws.
Examining such experience will allow the researcher to explore any burdens felony
disenfranchisement laws place on Mississippi’s Black communities.
Race, educational background, employment status, voting status, and political
affiliations are important factors for all participants and must be identified. Residential
and previously incarcerated individuals must have been Mississippi residents for at least
10 years and must have resided in Holmes County, Mississippi for at least 5 years.
Participants of this study must be at least 21 years of age. Participants will be identified
by their passports, driver’s licenses, or legal identification card. Political officials will be
verified through the Mississippi State Election Office.
60
Participants for this research will be adult males and females who choose to
volunteer as participants. Each participant will complete a consent form to participate in
this study. The confidentiality of each participant will be protected, and all documents,
equipment, discovery, and transcripts associated with this study will be stored securely at
the researcher’s home in a locked cabinet for at least 7 years. The identity of each
participant will be removed and replaced with letters and numbers before the data is
verified. Those directly associated with the study will be required to sign a confidentiality
agreement.
Letters, newspaper ads, and social media ads will be used to gain interest from
participants as demonstrated in Appendix A: Letters to Participants and Appendix B:
Social Media and Newspaper Notice. Obtaining data using in-depth face-to-face
interviews would allow a researcher to accurately perceive the research topic from
several perspectives. Furthermore, this type of interview allows researchers to obtain
detailed information. Each interview will be conducted in a quiet and private secure
location in Pickens, MS. However, the time and location may be altered to accommodate
a participant’s needs.
Coding in research gives meaning to data. The approach that will be taken for this
study is inductive which will allow the researcher to collect the data before presenting
codes (Ravitch & Carl, 2016). The interview will focus on the research questions. Two
fellow graduate students at Walden University who understand qualitative inquiry will
perform the peer review. Research findings will contain information regarding the
participant’s structural description, as well as a description of the group in its entirety.
61
An explanation of researcher bias is imperative in the proposed study. The
researcher in the proposed study is a single black female. Previously, the researcher
worked as a Victim Assistance Coordinator and Pretrial Diversion Supervisor with a
District Attorney’s Office in Mississippi. She also served as the Democratic Precinct
Chairperson and was an elected Board of Education member for her district. During the
2016 Presidential Election, the researcher was instrumental in a voter registration rally to
motivate citizens to activate their right to vote. This is where she learned that low voter
turnouts in Mississippi were not due solely to the lack of interest of some citizens in the
Black community, but due to the felony disenfranchisement laws. This researcher has
lived in Mississippi most of her life and voting has always been a priority. The researcher
is aware of her experiences and will bracket them accordingly.
62
Chapter 4: Results
Mississippi has 22 felony crimes under the felony disenfranchisement law that
affect more Black individuals than White individuals. This qualitative research explored
the purpose of disenfranchisement laws and current views regarding the felony
disenfranchisement laws’ effects on voting in Mississippi’s Black communities. This
study examined the perceptions regarding felony disenfranchisement laws and voting
rights in the Black communities of Mississippi. Research questions explored participants’
experiences and views of voting rights and disenfranchisement laws in Mississippi. Each
participant assisted me in examining the purpose and effects of Mississippi’s felony
disenfranchisement law on Black communities. In this chapter, I provide detailed
information regarding the qualitative method used to support the researchers’
understanding of participants’ experiences. I also present the results of the study.
Setting
Black individuals in Mississippi are a part of the decision-making process, but
problems for Black communities persist. According to the U.S. Census Bureau (2022),
Blacks make up 38% of the population in Mississippi. Though voter registration
demographics are not documented in Mississippi, 11% of Mississippi’s Black population
is disenfranchised. The racial and ethnic disparity ratio for Black and White
imprisonment is 2.6 to 1 in Mississippi (The Sentencing Project, 2023). This leaves the
Black vote disproportioned in Mississippi and Black communities underrepresented
(Chung, 2019). In Holmes County, Mississippi, Blacks make up 83.1% of the county’s
population of 16,121 (U.S. Census Bureau, 2022). However, the county is recorded as
63
having the lowest income and highest poverty rate in Mississippi (U.S. Census Bureau,
2018).
Demographics
Participants for this study included Mississippi’s political officials, residents, and
previously incarcerated individuals who had committed a felony under the felony
disenfranchisement law but completed sentencing. Race, educational background,
employment status, voting status, and political affiliations were important factors for all
participants and were properly identified by the participants. Residential and previously
incarcerated individuals had been Mississippi residents for at least 10 years and had
resided in Holmes County, Mississippi for at least 5 years. Participants were at least 21
years of age. Participants were identified by their passports, driver’s licenses, or legal
identification card. Political officials were verified through the Mississippi State Election
Office.
Mississippi political officials may have had state- or district-level status and must
have been in office for at least 5 years. They must not have been charged or convicted of
any crimes. Their political affiliation was verified through the Mississippi State Election
Office. Political officials must have been registered voters for at least 10 years. The
Mississippi State Elections Office and the Secretary of State Department verified political
officials. The Circuit Clerk’s Office was used to verify voter registration.
Mississippi residents included active voters and nonvoters who had not been
charged or convicted of any crimes. Participants in this category must have been at least
21 years of age and eligible to register to vote in Mississippi. Residential participants
64
must have been Mississippi residents for at least 10 years and must have resided in
Holmes County, Mississippi for at least 5 years.
Previously incarcerated individuals must have committed one of the crimes listed
under the felony disenfranchisement law in Mississippi. Participants must have been a
Mississippi resident for at least 10 years and must have resided in Holmes County,
Mississippi for at least 5 years. Individuals must not have been eligible to vote due to
Mississippi’s felony disenfranchisement law. Also, previously incarcerated individuals
must have served and completed sentencing in Mississippi. Proof of their sentencing
completion was provided by the Mississippi Department of Correction.
Data Collection
My target was at least 15 participants. Each category was supposed to include at
least five participants. However, the COVID-19 pandemic was an unusual circumstance
that caused a pause in the study and hindered participation. Therefore, the final sample
included five residents, three political officials, and three previously incarcerated
individuals. Each interview was tailored to accommodate the truth of each interviewee,
not me. The participants included political officials, residents of Holmes County, and
previously incarcerated individuals who had committed a felony. Each interview
improved my understanding of the topic through each interviewee’s experience (see
Rubin & Rubin, 2012).
I accommodated each participant’s needs and schedule. Interviews were
conducted in the homes of the participants or settings chosen by the participants. The
average duration for the interviews was 20 minutes. The recorded interviews were
65
transcribed using Microsoft Word dictation. All documents, discovery, transcripts, and
equipment were stored securely in a locked cabinet at my home and will remain secure
for at least 7 years. Participants from the face-to-face interviews reviewed their
information. In reviewing the transcribed interviews, the verbiage and language dialect of
some participants caused some delays in analyzing the information. Only I had access to
the transcripts. The name of each participant was removed and replaced with letters and
numbers before the data were verified.
Data Analysis
Coding in research gives meaning to data. Therefore, codes may be one word or
one phrase that describes the data. The approaches that could have been used for current
study were inductive and deductive. Both processes bring attention to the methods and
findings. However, an inductive approach was used for this study. The data were
collected before the codes were identified. Categories in a study are used to break down
the codes without reducing the perception or theoretical framework of the researcher.
Though themes do not emerge from the data, they do represent the concept of the data.
Therefore, several themes were developed (see Ravitch & Carl, 2016). Several categories
may produce an unproductive assessment of the data (Sipe & Ghiso, 2004). According to
Noble and Smith (2014), identifying recurring and significant themes is a major skill in
undertaking qualitative data analysis.
This study explored the purpose of disenfranchisement laws and current views
regarding felony disenfranchisement laws’ effects on voting in Mississippi’s Black
communities. The face-to-face interviews focused on the research questions. The first
66
research question pertained to the perceptions of Black Americans in Mississippi
regarding the felony disenfranchisement law. Voting as a fundamental right for all
citizens is not granted to a previously incarcerated individual who committed a felony
despite completing their sentencing in Mississippi (Miss. Const. Ann. Art. 12, § 253).
Though other races commit crimes, Black individuals are more likely than White
individuals to be incarcerated and convicted (Chung, 2019). Therefore, felony
disenfranchisement law affects the quality of citizenship more for Black Americans than
for White Americans. As the researcher, I explored each participant’s thoughts and
experiences regarding citizenship and Mississippi’s felony disenfranchisement law. The
first research question was answered using the following themes: citizenship from
residents’ perspective, felony disenfranchisement laws and their existence from residents’
perspectives, voting rights for previously incarcerated black Americans from residents’
perspective, and taxation without representation and voting from residents’ perspective.
Additional themes may be found in Appendices D, E, and F.
The second research question addressed the experiences of previously
incarcerated Black Americans as they relate to the political gap in Mississippi.
Lawmakers created felony disenfranchisement laws as a neutral policy. However, Black
communities’ voting privileges are affected more than White communities’ voting
privileges (Cresswell, 2014; Powell, 2017; Wilson et al., 2015). The lack of voting
privileges for previously incarcerated Black Americans in Mississippi may leave Black
communities underrepresented in the decision-making process (Chung, 2019).
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Currently, taxation without representation does not reflect the livelihood of an
individual who has completed sentencing for a felony crime committed under the felony
disenfranchisement law. A previously incarcerated individual who committed one of the
felony crimes in Mississippi is presented with the reality that voting as a fundamental
right is not easily granted to all citizens. The significance of exploring the effects of
felony disenfranchisement laws and voting within Black communities in Mississippi may
encourage legislatures to implement strategies to allow taxation with representation for
previously incarcerated individuals who committed a felony. Themes that addressed the
second research question were previously incarcerated blacks’ perspective on voting in
Mississippi, previously incarcerated blacks’ perspective on citizenship, and previously
incarcerated blacks’ perspective on felony disenfranchisement law. Additional themes
were political officials’ perspective on citizenship, political officials’ perspective on
felony disenfranchisement laws and their existence, political officials’ perspective on
voting rights for previously incarcerated individuals, and political officials’ perspective
on taxation without representation and voting. Additional themes may be found in
Appendices D, E, and F.
Though the codes were developed from the data collected, themes for my
qualitative study evolved. Voting rights for Black Americans have caused them to face
turmoil and discomforts that White Americans have not had to face. Trials and
tribulations have often involved intimidation, threats, deaths, and voter suppression.
Though the Constitution governs the legalities of the United States of America, it also
allows states to have some governing power to implement laws.
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The Voting Rights Act (1965) granted Black citizens the right to vote in the
United States. However Black voters in Mississippi may be underrepresented because of
felony disenfranchisement laws in violation of the 14th Amendment’s Equal Protection
Clause, which requires states to practice the protection of equality for individuals (U.S.
Const. amend. XIV; Voting Rights Act, 1965). Furthermore, Mississippi felony
disenfranchisement laws may target offenses that are more likely to be committed by
Black individuals than Whites individuals, which may impact voter representation in
certain legislative or congressional districts in Mississippi. Participants expressed their
lived experiences and their thoughts regarding felony disenfranchisement laws.
Additional themes were developed from participants’ face-to-face interviews and may be
found in Appendices D, E, and F.
Evidence of Trustworthiness
Validity refers to what is measured and how well it is measured (Mohajan, 2017).
The data source was in-depth face-to-face interviews. The intended sample size for this
study was at least 15 participants divided equally among the categories. The categories
were identified as Mississippi’s political officials, Holmes County Mississippi’s
residents, and Holmes County Mississippi’s previously incarcerated individuals. Though
each category was to initially include at least five participants, data collection barriers
caused me to alter expectations.
All participants in this study were identified by their passports, driver’s licenses,
or legal identification cards. Race, educational background, employment status, voting
status, and political affiliation were important components of this study and were
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identified within each category. The sample population for this study included
Mississippi’s political officials, residents, and previously incarcerated individuals who
committed a felony but completed their sentence. Providing a clear description of the
sample makes transferability possible for further research if applicable.
Mississippi political officials who participated in the study had state and district
status and had been in office for at least 5 years. These individuals had never been
charged or convicted of any crimes. Each political official had been a registered voter for
at least 10 years. Political officials were verified through the Mississippi State Elections
Office and the Secretary of State Department. The Circuit Clerk’s Office was used to
verify voter registration.
The participants who were categorized as Holmes County residents were all
active voters. However, I solicited participation from both nonvoters and active voters.
Participants in this category were at least 21 years of age and eligible to register to vote in
Mississippi. Residential participants for this study had been Mississippi residents for at
least 10 years and had resided in Holmes County, Mississippi for at least 5 years.
Reliability refers to the confidence readers can have in the data collected
(Mohajan, 2017). Each interview was conducted in a location chosen by the participant.
Also, the face-to-face interviews accommodated the participants’ schedules. Interviews
were recorded and transcribed. The name of each participant was removed and replaced
with letters and numbers before the data were verified. Files were created to organize the
transcribed interviews, which were uploaded to ATLAS.ti to analyze the information.
Research findings contain information regarding each participant’s structural description,
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as well as a description of the group in its entirety. All documents, discovery, transcripts,
and equipment were stored securely at my home and will be in a locked cabinet for at
least 7 years.
An explanation of researcher bias was imperative in the study. I disclosed in the
study that I was a single Black female. During much of the data collection process, I was
a victim assistance coordinator and pretrial diversion supervisor with a District
Attorney’s Office in Mississippi. In addition, I had previously served as the Democratic
precinct chairperson and as an elected Board of Education member for my district.
During the 2016 Presidential Election, I was instrumental in a voter registration
rally to motivate citizens to register to vote and participate in the political process. This is
where I learned that low voter turnouts in Mississippi were not due solely to the lack of
interest of some citizens in the Black community, but due to felony disenfranchisement
laws. I have lived in Mississippi most of my life, and voting has always been a priority. I
was aware of my experiences and monitored them accordingly. At the time of the study, I
was the risk reduction manager of the American National Red Cross-Community
Adaptation Program-Yazoo County, MS.
Findings
This qualitative research explored the purpose of disenfranchisement laws and
current views regarding the felony disenfranchisement laws’ effects on voting in
Mississippi’s Black communities. Mississippi has 22 felony crimes under the felony
disenfranchisement law that affect more Black individuals than White individuals. This
study examined the perceptions regarding felony disenfranchisement laws and voting
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rights in the Black communities of Mississippi. Participants engaged in face-to-face
interviews to answer the following research questions:
RQ1: What are the perceptions that exist of the felony disenfranchisement law by
Black Americans in Mississippi?
RQ2: How do previously incarcerated Black Americans experience and
characterize the impact of political disparity in Mississippi?
Research questions explored participants’ experiences and views of voting rights
and disenfranchisement laws in Mississippi. Participants included Holmes County
Mississippi’s residents, Holmes County Mississippi’s previously incarcerated individuals,
and Mississippi’s political officials. The role of each participant assisted me in examining
the purpose and effects of Mississippi’s felony disenfranchisement law on Black
communities. The results of the data collection were summarized for each participant.
This section also includes the theme summaries from the individual participants. Each
theme was developed from codes used during my data analysis and captured the
perspectives of each participant.
Group 1: Holmes County Residents
This section includes a description based on questions and statements given
during face-to-face interviews with Holmes County Residents. Questions for Group 1
may be found in Appendix C: Face-to-Face Interviews. The information from the
interview was transcribed and coded. This portion of the study includes statements from
five residents. During the interview process, all participants were identified as HR and a
number. Several themes were developed to highlight the perspectives of Holmes County
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Residents. However, this section of the research will only present themes related to the
research questions. Additional themes developed from Group 1 participants’ face-to-face
interviews may be found in Appendix E. Appendix E displays the themes and
summarized perspectives of Group 1 participants.
Participant 1
Participant 1 shared that their family background included voting. This participant
reflected on a passage from a poem their mother wrote about voting. According to the
participant, the passage went as follows. “Today is election day that I wish that could
vote for we really want Charles Evers who is willing to help the folks.” Though the
participant was not old enough to vote at that time, Participant 1 understood the
importance of voting. From the participants’ perspective, people were proud and glad to
be able to vote when the voting day came.
Participant 1 believes that if a person has completed their sentencing that they
should be able to vote. Citizenship means everything to this participant. The participant
further expressed that previously incarcerated individuals should be in the clear when
they are released and should be able to vote when they are free. However, this participant
also believes it depends on the level of the crime.
As a citizen and resident of Mississippi, participant 1 expressed that if Black
Americans would get out and vote that there’s nothing they can’t accomplish. This
participant recalled moments of racism and acknowledge the social inequities their parent
faced. For 100 pounds of cotton, workers were paid a dollar a day. Though the participant
wasn’t familiar with the felony disenfranchisement laws, Participant 1 goes along with
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the law. On the contrary, the participant feels as though previously incarcerated
individuals who are eligible to vote should be informed of their voting rights. Some
people feel because they were incarcerated that they cannot vote. This participant would
not change the felony disenfranchisement laws without reviewing the crime that was
committed by an individual. If the previously incarcerated individual is a habitual
offender, then Participant 1 believes the person would have to deal with the consequences
of the law.
Participant 1 views on racism are that it still exists, and it is not going to change.
However, this participant feels racism is not as openly expressed. In addition, this
participant addressed taxation without representation. If they could not vote but were still
required to pay taxes, this participant feels it would be a hard blow and it would be
impossible to deal with. Participant 1 further expressed that such notions closely
resemble the way things used to be when Black Americans didn’t have any rights.
Participant 2
Participant 2 shared that their family background included voting. This participant
believes voting should occur no matter what or where the person is located. After a
previously incarcerated individual has served their time with no additional offenses, they
should be able to vote. The Holmes County resident feels Black ancestors put in a lot for
us to vote and previously incarcerated individuals should not be denied voting rights.
Therefore, citizenship means a lot to this participant.
During the interview Participant 2 shared their perspective on citizenship. They
believe that being a citizen means that Black Americans are an integral part of the
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country’s foundation. According to this participant, it was the hard work of slaves that
earned Black Americans the right to become citizens of the United States, and no other
group can claim that same path. Furthermore, they expressed that Black Americans
played a significant role in building the country from the very beginning. Lastly,
Participant 2 stated that Christopher Columbus cannot be credited with discovering
America as it was already inhabited by indigenous people.
As a resident of Mississippi, this participant’s upbringing was sheltered.
Participant 2 grew up in a household where one parent was paid weekly. However, this
participant witnessed others grow up on farms where the means of income was
sharecropping, which was often unpredictable. Due to life experiences, the impression of
Mississippi has changed for this participant. From Participant 2 perspective, Mississippi
is a “White Republican State,” and they are on the receiving end. On the other hand,
Black Americans are denied a lot of their rights. Republicans only care about what they
want.
Participant 2 also expressed their views on Black history. According to this
participant, Black history is one of the greatest and it is one of the great educational
points in Mississippi. Black history is also deeper than anyone could ever imagine.
Therefore, it is important to share it and not hide it. This participant’s views were that
White Americans are not for Black Americans. They are only for their “fat pockets”
rather than Black Americans who have pennies, nickels, dimes, and quarters.
This Holmes County resident believes previously incarcerated individuals should
have the right to vote if they have served their time and if their offense was not extreme.
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Also, if the parole board has decided they were model citizens, they should be allowed to
vote. This participant recalled speaking to someone who does not have voting rights due
to a crime committed during their youth. According to Participant 2, the person now is a
model citizen, and they believe this individual should be allowed to vote. If allowed to
change the felony disenfranchisement law, this participant would eliminate the law. In
addition, Participant 2 expressed that if a previously incarcerated individual can travel to
any state, they should be able to vote.
Participant 2 further expressed their view regarding racism and inequality. For
Black communities in Mississippi, inequality and racism exist. This participant would
feel less than a citizen if they had to pay taxes but could not vote. Participant 2 also
compared this concept and lived experience to the Mexican men and women who are
trying to get to the United States. The concept is wrong, and the participants expressed
that they would feel as though they aren’t a citizen. Participant 2 feels there’s not much to
say about the laws being made, they can sit back and watch. The effects of the laws are
not better than being a slave.
Participant 3
Participant 3 shared that their family origin was mixed race, and voting was
essential. This participant can’t recall ever missing an election. Absentee ballots were
used by the participant if they anticipated not being available on election day. This
participant further expressed thoughts regarding previously incarcerated individuals and
voting. Participant 3 doesn’t see a reason why they shouldn’t be allowed to vote or be
able to work in a position of any choice. Previously incarcerated individuals already paid
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the penalty for what they did. This Holmes County resident doesn’t understand why they
continue to be punished.
For this resident, citizenship means freedom. As a citizen of the United States,
people are supposed to be free to partake in anything legal. However, stipulations are
placed on Black Americans and other people of color. As a resident of Mississippi, this
participant has had a positive experience. However, this resident of Holmes County has
been teased by Black residents for moving into a previously predominantly White
neighborhood.
The history of Black Americans in Mississippi was a struggle, but people have
come a long way. However, Participant 3 feels they still have a long way to go. As this
participant reflected on the past, they recalled the days of Emmitt Till and the civil rights
worker who were killed in Philadelphia, MS. Participant 3 believes young people should
realize that they are here now but didn’t get here overnight. Therefore, they should
continue to study and try to improve themselves.
Participant 3 believes that previously incarcerated individuals should be able to
vote. They have already done their time and should not be stigmatized as felons. This
participant believes the only job that is available for previously incarcerated individuals is
dishwashing, cooking, and restaurants. This participant believes such stigmatism pushes
previously incarcerated individuals back into the system, which does not help much.
Therefore, this resident questioned the reasons for the constant stigmas.
This participant believes laws that say a felon cannot do a particular job or cannot
vote should be removed. Previously incarcerated individuals have already paid the
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penalty once they served their time. This participant believes there’s still room for
improvement in race and equality. Participant 3 feels it would be unfair to have to pay
taxes but not have the right to vote.
Participant 4
Participant 4 reflected on the family background, voting perspective, and
previously incarcerated individuals. This participant’s parents were big supporters of
voting. They taught their children the meaning of voting by bringing them along. Voting
is important and every vote counts. Previously incarcerated individuals should have the
right to vote. They are a part of this society and are still citizens despite being previously
incarcerated.
This resident’s perspective of citizenship is tied to the First Amendment.
Knowing that they have rights is tied to freedom. Life for this participant in Mississippi
has been fine. There have not been disheartening events. As for the Black history in
Mississippi, they believe it is important and is thankful for the Black history museum in
Jackson, MS. Though Participant 4 didn’t face any of the things their parents did, the
history of what Black Americans previously endured was shared within the home.
Participant 4 feels that previously incarcerated individuals should be allowed to
vote. They have a voice, experiences, and an opinion that could make a difference. This
participant didn’t know the felony disenfranchisement law existed or why. However, the
Holmes County resident believes it is a discrimination issue or a race issue. According to
this Holmes County resident, the image that is displayed is that because an individual was
incarcerated, they should not vote. In addition, it sends the message that previously
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incarcerated individuals don’t matter. If given the opportunity, Participant 4 would work
closely with individuals to change the felony disenfranchisement law. This participant
strongly believes it is not a fair law.
This participant has noticed there is a difference when it comes to racism and
equality for Black communities in Mississippi. Participant 4 feels as though Black
Americans are moving backward instead of moving forward. The resident further
expressed lived experiences as it relates to equal pay and employment. White Americans
are often paid more than Black Americans. This participant believes Black Americans
could have the same level of education or more education but are still not given the same
opportunities. As the participants observed the felony disenfranchisement law, the more
flustered they appeared. Participant 4 stated they would be mad if they had to pay taxes
but couldn’t vote. This participant continued to proclaim the lack of fairness towards the
end of the interview. Participant 4 final views were that the felony disenfranchisement
laws are not fair. Previously incarcerated individuals should have a right to vote or not
vote.
Participant 5
Participant 5 reflected on the family background, voting perspective, and
previously incarcerated individuals. This participant’s family were sharecroppers and
grew about 95% of their food. Amid the family background was the importance of
voting. Participant 5 reflected on the many moments their mother encouraged them to get
registered to vote. This participant believes voting changes things a lot of the time. The
participant believes that voting is both important and a responsibility. However, as a
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resident of Holmes County, they also have strong religious beliefs that provide them with
peace if their chosen candidate is not elected.
This resident of Holmes County believes there are a lot of people who want what
they have. From their perspective, citizenship is a privilege. However, it should be given
to individuals who want to be a part of the United States. Living in Mississippi has not
always been comfortable for this participant. Participant 5 experienced racism, but it was
not constant. As a child, the participant knew there were places they couldn’t go to and
things they couldn’t do, but it didn’t bother them. The family structure for this resident
was tightly knitted with relatives and family routines. All the racial discomforts were
slightly diminished and unnoticed.
Participant 5 is bothered by suggestions to diminish how Black history is
acknowledged within the educational system. Though this participant didn’t experience a
lot of the historical racial challenges, Participant 5 acknowledge that it all happened.
Black history should be preserved and children, Black or White, should know what
happened. History should not be erased. People are trying to erase what took place years
ago, but still adding to the racial challenges. This participant feels Black Americans are
not on the same level as their White counterparts.
According to this resident of Holmes County, previously incarcerated individuals
may have mistakenly committed a crime or intentionally committed a crime. However,
everyone deserves a second chance. Therefore, individuals who have served their time
should be allowed to vote. The felony disenfranchisement laws reflect the lack of changes
made in Mississippi. Although racism has taken on different forms, it is still present in
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society today. This is evident in the election process where White Americans hold a
majority of the voting power. Participant 5 holds the belief that Black Americans are still
oppressed in a way similar to slavery. However, they also believe that despite the
existence of racism and inequality, Black Americans have a responsibility to seize
opportunities and not use these obstacles as an excuse to avoid striving for success.
Participant 5 was not sure of the details surrounding the felony
disenfranchisement law in Mississippi. However, the participant believes they would
change the law. Previously incarcerated individuals who have turned their lives around
should be given an opportunity. When someone changes their lives and is ignored as
though they are still criminals, that places a burden on that individual. This participant
believes the lack of opportunity could cause a previously incarcerated individual to
backslide. This Holmes County resident further expressed the importance of love and
kindness.
Though the image of historical slavery is nonexistent, this participant believes
racism still exists. It is a topic that is experienced and discussed among their relatives.
According to Participant 5, Blacks pay more for essentials, such as utility bills, than
Whites. In addition, Blacks must wait longer for medical procedures, such as heart
transplants, than Whites. In closing, as the Holmes County resident reflected on the
felony disenfranchisement law. If this participant could not vote but had to still pay taxes,
they would be furious. Voting gives an individual the opportunity to change things and to
select people who may do the job. If the political official does not, an individual with
voting rights can vote them out.
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Holmes County Residents’ Themes
The themes identified for Group 1 capture the perspective of Holmes County
residents. The participants’ perspectives reflect the lived experiences of 5 residents who
live in Holmes County, MS. Holmes County residents included active voters who have
not been charged or convicted of any crimes. Participants for this category were at least
21 years of age and eligible voters in Mississippi. Residential participants have been
Mississippi residents for at least 10 years and have resided in Holmes County,
Mississippi for at least five years.
Residents of Holmes County, MS are aware of Mississippi’s rich history of
racism and inequality. From their perspective, racism still exists and is just as powerful as
it was during the Jim Crow era. Though residents were not knowledgeable of the list of
crimes under the felony disenfranchisement laws, they believe racism is the purpose of
the law that hinders voting. In addition, residents compared taxation without
representation to the days when Blacks could not vote and didn’t have any rights.
Positive views for this category include voting rights for everyone and reflections
on citizenship. From Holmes County residents’ perspective, voting is important, and it is
our right as citizens. And with citizenship, there’s freedom and privileges as Americans.
Previously incarcerated individuals are a part of society and should be allowed to vote.
Several themes were developed to highlight the perspectives of Holmes County’s
residents. However, this section of the research will only present themes related to the
research questions. Additional themes developed from participants’ face-to-face
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interviews may be found in Appendix E. Appendix E displays the themes and
summarized perspectives of Group 1 participants.
Citizenship From Residents’ Perspective
Citizenship means everything to Holmes County residents. They feel as though
citizenship is freedom and it is a privilege to be an American. In addition, participants
believe citizenship is their voice. Participants acknowledged slavery in America and their
Black ancestors. They believe citizenship for Black Americans was earned through
slavery. Slaves were a part of the structure of the United States of America.
Felony Disenfranchisement Laws and Their Existence From Residents’ Perspectives
Some residents in Group 2 shared that they did know the felony
disenfranchisement law existed or why it existed. Participants believed the law worked
well for the Jim Crow era. Residents of Holmes County believe the law pushes people
back into the criminal justice system. In addition, it reiterates to previously incarcerated
individuals that they do not matter. Participants further shared that they felt the law was
used to keep White Americans in control. Some participants in Group 2 feel as though
this law reflects the fact that racism still exists, and things still haven’t changed.
Voting Rights for Previously Incarcerated Black Americans From Residents’
Perspective
Holmes County Residents believe if previously incarcerated individuals have
served their time that they should be allowed to vote. Participants in Group 2 repeatedly
express their disagreement with the lack of voting privileges for previously incarcerated
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individuals. But they also shared thoughts that restored voting privileges should be
dependent on the crime and criminal history.
Taxation Without Representation and Voting From Residents’ Perspective
Holmes County Residents believe voting is their right and it is important. A
person should vote no matter where they are. Participants in Group 2 believe if they were
denied the voting privileges but required to pay taxes that they would feel less than a
citizen. If they were in that predicament, it would be no better than being a slave.
Participants feel they would be angry. This form of denial reminded participants of a time
when Black Americans were denied voting privileges or any rights at all.
Group 2: Holmes County Previously Incarcerated Individuals
This section includes a description based on questions and statements given
during face-to-face interviews. Holmes County Previously incarcerated individuals.
Questions for Group 2 may be found in Appendix C: Face-to-Face Interviews. The
information from the interview was transcribed and coded. This portion of the study
includes statements from three previously incarcerated individuals. During the interview
process, all participants were identified as HI and a number. Several themes were
developed to highlight the perspectives of Holmes County Previously incarcerated
individuals. However, this section of the research will only present themes related to the
research questions. Additional themes developed from Group 2 participants’ face-to-face
interviews may be found in Appendix F. Appendix F displays the themes and
summarized perspectives of Group 2 participants.
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Participant 1
Participant 1 made remarks regarding their desire to vote. This participant
committed a crime as a teenager and lost voting privileges. Additional crimes were
committed but as an adult maturity made this individual understand firsthand challenges.
Participant 1 also expressed the hardships of being in prison. According to this
participant, prison was terrible, and citizenship doesn’t mean too much to them. This
previously incarcerated individual stated that they felt like a slave and felt as though they
were always being judged.
For this participant, life in Mississippi is not progressive and they feel stuck. They
would rather move somewhere else; however, they would make the best of it. This
participant feels as though previously incarcerated individuals have completed their
sentencing and should be allowed to vote like other citizens. In addition, they also feel as
though the disenfranchisement laws are used to hold Black people back and that the poor
are always going to be poor and stuck.
In closing, Participant 1 shared changes they would make if given the opportunity.
This participant would give everyone their right to vote back. This participant reflects on
the one time they did vote. Participant 1 states that they felt joy and were happy that his
vote counted. If allowed to vote again, this participant would feel a little freedom and like
a citizen.
Participant 2
Participant 2 made remarks regarding their family background. At least one of
their parents voted. The participant also expressed a love for voting. Though the
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participant does not have the right to vote due to the disenfranchisement laws, they have
been very involved with the election process. This participant feels as though previously
incarcerated individuals have served their appointed time in jail or prison and should
have the same rights as everyone. They also expressed that previously incarcerated
individuals are human. Committing a crime should not have anything to do with voting.
Participant 2 further expressed remarks regarding citizenship, voting, and the
disenfranchisement laws. Citizenship means everything to this partnership and living in
Mississippi has been wonderful. However, this participant feels as though the
disenfranchisement laws are a “white man” law and such laws place a toll on a person
who can’t vote. Though this participant feels racism still exists and will never change.
Participant 2 also expressed their beliefs that not all White Americans are racist.
Throughout the face-to-face interview, this participant expressed the importance
of voting. If Participant 2 was allowed to make changes to the disenfranchisement laws,
this participant would speak with state leaders to share their perspective. In addition,
Participant 2 stated that if they could vote it would mean the world.
Participant 3
Participant 3 made remarks regarding his family background. At least one of their
parents voted, and the participant grew up knowing voting was a right. Therefore, this
participant has a love for voting and believes everyone’s vote counts. This participant
feels that previously incarcerated individuals deserve a second chance and should have
the right to vote. This participant also expressed that it wasn’t right to see other family
members vote but they cannot.
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This previously incarcerated individual also expressed remarks regarding
citizenship, voting, and the disenfranchisement laws. Citizenship means a lot to this
participant. Living in Mississippi is okay, but the participant expressed that it is hard to
obtain a job. Participant 3 feels racism still exists, but it is a whole lot better. Throughout
the face-to-face interview, this participant expressed that previously incarcerated
individuals should have the right to vote. If Participant 3 was allowed to make changes to
the disenfranchisement laws, this participant stated if they would have the right to vote. It
would mean the world to these participants if they could vote.
Holmes County Previously Incarcerated Individuals’ Themes
The themes identified for Group 2 capture the perspective of Holmes County’s
previously incarcerated individuals. The participants’ perspectives reflect the lived
experiences of 3 previously incarcerated individuals who completed sentencing. The
previously incarcerated individuals committed one of the crimes listed under the felony
disenfranchisement law in Mississippi. In addition, the participants have been Mississippi
residents for at least 10 years and have resided in Holmes County, Mississippi for at least
five years. The participants in this research were not eligible to vote due to Mississippi’s
felony disenfranchisement law. Also, previously incarcerated individuals served and
completed sentencing in Mississippi.
All participants in this category have a desire to regain voting privileges. They did
not want their previous criminal activity to continue to keep hindering their voting rights.
Furthermore, these previously incarcerated individuals were adamant about second
chances. To them, a second chance means they would no longer be labeled as a criminal.
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The mistakes of their past would not hinder them from being looked upon as a citizen of
the United States of America.
Participants’ negative views display unrest that represents the historical views of
Mississippi and the United States. There’s still a strong belief that racism still exists and
that laws such as the felony disenfranchisement law was created to hold Black people
back. Not having a more documented second chance leaves previously incarcerated
individuals feeling like a slave. Due to their background, previously incarcerated Black
Americans feel as though they are being judged and treated differently. Therefore,
citizenship doesn’t mean too much. Not being able to vote puts a toll on an individual,
especially when they are accustomed to voting.
Participants are neutral and positive views display optimism. Though Group 2
participants believe racism exists and things will not change, they do not believe all
White Americans are racist. If they had the opportunity to vote, Group 2 participants
would feel like citizens. In addition, participants believe everyone’s votes count.
Therefore, if allowed to make changes to the felony disenfranchisement laws, Group 2
participants would give everyone their right to vote.
Participants believe previously incarcerated individuals have served their time and
should be given the right to vote. However, the lack of voting privileges does not keep
participants from participating in the election process by assisting political candidates.
Several themes were developed to highlight perspectives of Holmes County’s Previously
Incarcerated Individuals. However, this section of the research will only present themes
closely related to the research questions. Additional themes developed from participants’
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face-to-face interviews may be found in Appendix F. Appendix F displays the themes and
summarized perspectives of Group 2 participants.
Previously Incarcerated Blacks’ Perspective on Citizenship
The face-to-face interview allowed participants to share their feelings regarding
citizenship in America. Citizenship for Black Americans has been met with constant
racism. Participants in the study feel as though racism still exists everywhere. Citizenship
doesn’t mean too much to some previously incarcerated individuals. On the contrary,
citizenship means everything to other previously incarcerated individuals.
Life in prison was hard and rough for some participants in Group 2. Participants
feel they served the awarded time and should be able to vote like citizens. In addition,
some citizens in Group 1 feel no one should lose their right to vote, whether incarcerated
or previously incarcerated. Previously incarcerated individuals said they would feel like
citizens if lawmakers eliminated the disenfranchisement laws.
Previously Incarcerated Black Americans’ Perspective on Felony Disenfranchisement
Law
Participants in Group 1 believe that the felony disenfranchisement law is a “white
man’s law.” Some participants believe some White Americans are trying to hold Black
Americans back. If possible, participants would plead to legislatures to allow previously
incarcerated individuals and those incarcerated to vote. Participants in Group 1 believe
the law in Mississippi should be eliminated. Participants would feel like citizens if the
disenfranchisement laws were eliminated.
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Previously Incarcerated Black Americans’ Perspective on Voting in Mississippi
Participants in Group 1 feel that they have served their time and should have the
right to vote no matter the crime. It makes them feel bad that they don’t have a say in this
country. Previously incarcerated individuals felt less than a citizen because they can’t
vote. One of the participants made the statement that previously incarcerated individuals
are human just like everyone else. Everyone deserves a second chance. Participants
would feel like citizens if the disenfranchisement laws were eliminated. It would mean
the world to them if they could vote.
Group 3: Mississippi Political Officials
This section includes a description based on questions and statements given
during face-to-face interviews with Mississippi political officials. Questions for Group 3
may be found in Appendix C: Face-to-Face Interviews. The information from the
interview was transcribed and coded. This portion of the study includes statements from
three political officials. During the interview, all participants were identified as MO and a
number. Appendix G contains the raw data and additional themes for each group.
Appendix G displays the themes and summarized perspectives of Group 3 participants.
Participant 1
Participant 1 reflected on the family background, voting perspective, and
previously incarcerated individuals. This participant’s family descended from Africa to
Alabama to Mississippi and were voters. In addition, the family participated in the
procedures that led to the Civil Rights Act. Voting was taken very seriously and is very
important to Participant 1. The participant was educated in the public school system,
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attended college, and never had an issue with the law. As a citizen of Mississippi,
Participant 1 feels as though they have done quite well.
During the face-to-face interview, a political official shared their views on
citizenship and the origin of Black Americans. The official mentioned how Africans were
forcefully brought to the United States and acknowledged the unjustifiable fate that Black
Americans have had to endure. Participant 1 expressed concerns that Black history is not
being taught in schools but believes it is the responsibility of churches and families to
educate on this topic. The participant also noted that in the past, history was not heavily
emphasized in schools and that families played a key role in sharing important historical
information.
Participant 1 believes that individuals who were previously incarcerated should
not be denied their voting rights. They should have their rights restored just like any other
citizen. However, there are concerns that some may use their felony as an excuse to be
unproductive. This official also believes that laws targeting drug activity were created to
appease Southern politicians, resulting in the arrest and sentencing of individuals for
small amounts of drugs. This has contributed to mass incarceration and the development
of private prisons. The felony disenfranchisement law has not been helpful, as some
people strive to have their rights restored while others use it as an excuse to avoid finding
employment or acquiring new skills.
This participant strongly believes that it’s unfair to be taxed without having a say
in how the government operates. They would not pay taxes if they could not vote. They
argue that everyone should have the right to speak up if they are being taxed.
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Additionally, the participant believes that systemic racism and inequality are prevalent in
Black communities, particularly in Mississippi where low-income areas are not receiving
enough funding. The participant thinks that previously incarcerated individuals should be
allowed to reintegrate into society and be allowed to vote and exercise their citizenship.
Participant 2
Participant 2 reflected on the family background, voting perspective, and
previously incarcerated individuals. This participant’s family origin is African American.
Holmes County is the birthplace and home of this participant. The family background
consisted of voting. It was often taught that people died for them to have the right to vote.
Therefore, no matter the election, it is important to vote.
Participant 2 grew up during odd racial times when it was common for Black
Americans to utilize the back door of White American establishments and homes. In
addition, Black Americans couldn’t ride in the front seat of White Americans. This
participant’s perspective believes Black history is not truthfully told. It is not hard to be
truthful. Black history needs to be in the school system. It is not in Black American
homes because parents are younger. Participant 2 feels they are equally a part of the
problem because history was not continuously told. History needs to be foretold more
than during the shortest month of the year. Black Americans were not always afforded
the rights they have now and that must be told. Perhaps if the younger Black Americans
knew the history of Black Americans, they would be more appreciative.
This Mississippi political official’s view on voting for previously incarcerated
individuals is that they should be able to vote. However, it depends on the crime.
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Participant 2 also expressed views regarding sentencing. People who go to jail for minor
incidents such as marijuana, rights should not be taken away. If you are a person of color,
your rights are taken away and you are treated as a hardened criminal and given a bunch
of time. Participant 2 believes serial killers or rapists should not be given their rights until
they are proven to be rehabilitated.
This participant’s perspective regarding felony disenfranchisement laws reflects
the views of government officials. The disenfranchisement laws should be rewritten. If
there are laws that were written a while back, they exist because the government officials
in charge like what it does. This political official’s thoughts regarding previously
incarcerated individuals involve them having a second chance. Nevertheless, Participant
2 believes that second chances depend on the crime. Additional views made by this
participant included fair sentencing. Justice does not always swing fair for people of
color.
This Mississippi political official believes racism is still alive and well today.
Those constitutional laws are constitutional for Black Americans. Racism holds the laws.
This participant further expressed beliefs that Whites are given their rights back when
they are released from prison. This political official believes the benefits of felony
disfranchisement laws are harsh. People that have been previously incarcerated may feel
they are nothing because they have no rights. Participant 2 sees the racism and
governmental officials like what it still does. As it relates to making changes to felony
disenfranchisement laws, this participant would have to read the laws but is sure they
would make changes.
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Participant 2 thoughts regarding racism reflect a lack of confidence in the future
of equality in Mississippi. This political official feels racism is worse today. Black
Americans are further back than they were in the 60s due to the lack of votes and money.
In addition, Black Americans are still looked upon as second-class citizens and it hurts so
bad. However, this participant believes there are still responsibilities Black Americans
must take. They should regain a sense of family and learn to trust each other. Racism
does not look the same, it is different. Racist individuals are no longer wearing hoods,
they are hiding. It could be a lawyer, doctor, psychiatrist, or whomever.
This Mississippi political official expressed their feelings regarding taxation
without representation. Participant 2 would fight for the right to vote. History shows that
when people rallied together to gain the right to vote they were successful. This
participant believes as a citizen that if they could not vote they would fight. In closing,
this political official feels that the vote is all they have, and they do not want that taken
away.
Participant 3
This political official immediately expressed their thoughts and passion regarding
previously incarcerated individuals. In many cases, Participant 3 has witnessed
misinformation regarding felony disenfranchisement laws. Some previously incarcerated
individuals can vote. According to this participant, they believe the parole officers and
other officials are not sharing the correct information. This participant also expresses the
lack of concern from other leaders to ensure the messaging is consistently shared.
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Citizenship to this political official means that they have a voice. It also means
that a person is an active participant in all laws unless there’s documentation stating
otherwise. Participant 3's experience as a resident of Mississippi has been good and
voting was always encouraged. Since the age of 17, this participant never missed an
election. Participant 3 strongly believes voting is a right and they refuse to let anyone
take their voice.
This Mississippi political official believes Black history should be modernized.
Every year there are programs where the struggle and achievement of Black forefathers
are shared. Today, Black history should target young people by showing them how they
pave the way for others. This participant further believes young Black people should
incorporate standards surrounding their appearance and lifestyle.
Participant 3 views are that the felony disenfranchisement law exists because it is
a way to silence young Black American men. By silencing them, they would never be
able to be an active participant in the workforce or be a husband or father to their
children. Without gainful employment, how previously incarcerated individuals take care
of their families is questionable. Participant 3 used terms such as enslavement to describe
the expressed frustrations with the treatment of previously incarcerated individuals.
Additionally, this participant feels educating young Black people on how to keep their
voice is important. The felony disenfranchisement laws only hurt the African American
young men. According to this political official, under the felony disenfranchisement laws,
we still have taxation without representation. Participant 3 believes individuals should not
be taxed if they can’t vote.
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Mississippi Political Officials’ Themes
The themes identified for Group 3 capture the perspective of the participants who
were serving as political officials in Mississippi. The participants’ perspectives reflect the
lived experiences of 3 residents who live in Mississippi and serve as political officials.
Mississippi political officials held state or district-level status and have been in office for
at least five years. In addition, the political officials have been registered voters for at
least 10 years.
The Mississippi political officials’ views of the felony disenfranchisement laws
closely resembled the reflections of the Jim Crow era. The history of Mississippi’s
politics is one in which White Americans reaped prosperity while Black Americans did
not. There is an ongoing agitation among political officials regarding systematic racism.
However, political officials expressed positive views regarding citizenship in America
and its meaning. Several themes were developed to highlight the perspectives of
Mississippi’s political officials. However, this section of the research will only present
themes related to the research questions. Additional themes developed from Group 3
participants’ face-to-face interviews may be found in Appendix G. Appendix G displays
the themes and summarized perspectives of Group 3 participants.
Political Officials’ Perspectives on Citizenship
Participants in Group 3 believe Blacks were brought to America unwillingly. But,
since they are here, they will make the best of it. Political officials believe that citizenship
means being a part of the United States of America and having all the rights according to
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the United. States Constitution. Participants in this group believe citizenship means a
person has a voice and is an active participant in any laws.
Political Officials’ Perspectives on Felony Disenfranchisement Laws and Their
Existence
Some political officials believe the felony disenfranchisement laws have not been
beneficial to the Black community and they see the racism in the law. Participants in
Group 3 believe the government officials in charge like what the law does. The felony
disenfranchisement law is harsh, and it makes previously incarcerated individuals feel
they are nothing because they have no rights. Political officials believe the felony
disenfranchisement laws are a way to silence Black American young men so they would
not be active participants in society. Participants believe the felony disenfranchisement
laws take away the rights of previously incarcerated individuals.
Political Officials’ Perspectives on Voting Rights for Previously Incarcerated
Individuals
Participants in Group 3 believe previously incarcerated individuals should be
disenfranchised. Voting rights should be restored upon their release from prison.
However, political officials also believe voting privileges should depend on the crime.
Political Officials’ Perspectives on Taxation Without Representation and Voting
Mississippi Political Officials believe voting is their right and it is important.
However, they also believe people should be educated on voting. Each vote counts and
elections are won by one vote. Participants in Group 3 believe if they were denied voting
privileges but required to pay taxes that they would fight for their right to vote. Some
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participants would refuse to pay taxes. From their perspective, paying taxes and voting
work together. If they were in that predicament, it would be no better than being a slave.
Participants feel they would be angry. This form of denial reminded participants of a time
when Black Americans were denied voting privileges or any rights at all.
Figure 1 displays the words most frequently used by participants. This Word
Cloud was developed through ATLAS.ti to determine the word frequencies among
participants for this study. This study allowed participants to share their thoughts
regarding the past, present, and future. The participants in this study most frequently used
words such as Black, people, time, right, and Mississippi. Each participant’s choice of
words displayed their lived experience in Mississippi from their perspective. In addition,
the lived experiences of the participants are a display of repeated oppression embedded in
the conversations of Black Americans. Mississippi’s history is not a love story of peace
and equality for Black Americans. The history of Mississippi continues to affect the
future of equality, citizenship, and the criminal justice system.
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Figure 1
Word Cloud That Includes the Word Frequencies of the Coded Data
Summary
In Chapter 4 of this research, three groups were interviewed: previously
incarcerated individuals from Holmes County (Group 1), Holmes County residents
(Group 2), and Mississippi political officials (Group 3). The participants provided
detailed narratives from their perspectives, and the interpretation of each category was
shared. Several themes were developed to highlight the participants’ perspectives, but
only the themes related to the research questions are presented in this section. Additional
themes from each group can be found in Appendix G. Appendices D, E, and F summarize
the themes and perspectives of each group’s participants. Chapter 5 will conclude the
discussion and provide conclusions and recommendations for each focus group,
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contributing to the research on the effects of felony disenfranchisement laws on Black
communities in Mississippi.
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Chapter 5: Discussion, Conclusions, and Recommendations
Since the development of the 14th and 15th Amendments of the United States
Constitution in 1868 and 1870, the voting rights of citizens in the United States of
America have been protected (DOJ, 2017b). However, the guarantees of citizenship to
each person living in the United States’ borders are not granted easily to everyone (Mack
et al., 2016). From Black individuals being enslaved and freed to being incarcerated in
modern-day society more frequently than White individuals, the desire to have a voice in
the decision-making process has been challenging.
The felony disenfranchisement laws are legitimate under the U.S. Constitution.
However, the rooted intentions of felony disenfranchisement laws are questionable and
inconsistent. These laws have not been viewed as a reflection of equality and social
equity for all citizens (Douglas, 2014; Nun, 2005; Tolson, 2012, 2014; Trahan-Liptak,
2014). Neutrality was the initial purpose of the felony disenfranchisement policy. Some
citizens in the United States believe the law is justifiable and voting is a privilege for
individuals who do not participate in criminal activity. However, Black communities’
voting privileges have been affected more than White communities’ voting privileges
(Cresswell, 2014; Powell, 2017; Wilson et al., 2015). The lack of voting privileges for
previously incarcerated Black individuals in Mississippi may leave Black communities
underrepresented in the decision-making process (Chung, 2019).
This study explored felony disenfranchisement laws affecting the voting rights of
Black Americans in Mississippi. The results of this study could facilitate social change in
Mississippi by challenging political officials and citizens to reexamine
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disenfranchisement laws in Mississippi and the precepts of the U.S. Constitution.
Presenting information regarding the initial purpose of the felony disenfranchisement
laws and their impact may also inspire all citizens to question the modern-day purpose of
the laws that affect the voting privileges of those previously incarcerated for committing
a felony under the Mississippi Constitution despite completing sentencing.
Currently, taxation without representation does not reflect the livelihood of an
individual who has completed sentencing for the felony crime committed under the
felony disenfranchisement law. A previously incarcerated individual who committed one
of the felonies in Mississippi is presented with the reality that voting as a fundamental
right is not easily granted to all citizens. The significance of exploring the effects of
felony disenfranchisement laws and voting in Black communities in Mississippi may
encourage legislatures to implement strategies to allow taxation with representation for
previously incarcerated individuals who committed a felony.
Interpretation of the Findings
The purpose of this study was to use the qualitative method to understand the
perceptions of Holmes County Mississippi citizens and political officials. This section
presents an interpretation of my findings. In Chapter 4, I presented themes and
summarized descriptions developed from participants’ face-to-face interviews. Several
themes were developed to highlight the perspectives of participants and may be found in
Appendices D, E, and F. Each appendix displays the themes and summarized
perspectives of participants.
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Participants included Holmes County Mississippi residents, Holmes County
Mississippi previously incarcerated individuals, and Holmes County Mississippi political
officials. Participants engaged in face-to-face interviews to answer the following research
questions:
RQ1: What are the perceptions that exist of the felony disenfranchisement law by
Black Americans in Mississippi?
RQ2: How do previously incarcerated Black Americans experience and
characterize the impact of political disparity in Mississippi?
The first research question was developed to understand the purpose of the felony
disenfranchisement law from the perspectives of Black Americans in Mississippi. As I
analyzed the data from my research, I learned that some citizens do not know the felony
disenfranchisement law in Mississippi exists. However, Mississippians who are
knowledgeable of the law are not in agreement with its existence. This law sways closely
to the rules of the Jim Crow era. Taxation without representation was one of the effects of
that era. If the laws were created to diminish the voting rights of Black Americans, it is
accomplishing its goals by silencing the voice of previously incarcerated individuals.
The voting rights of Black Americans are in jeopardy. There are more Black
Americans than White Americans in jail for crimes that will eliminate their voting rights
in Mississippi. The felony disenfranchisement law still exists because of the benefits it
offers to Mississippi’s rich history of racism, inequality, and social inequity. This law
resembles a time when Black Americans were seen as less than White Americans.
However, in modern-day society, the felony disenfranchisement law can be classed as
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systematic racism embedded in society with permission from the United States
Constitution.
This study does not overlook the responsibility of the previously incarcerated
individual. My data analysis revealed the importance of previously incarcerated
individuals serving their time and living as a model citizen. Findings also revealed the
perception of citizenship and rehabilitation of previously incarcerated individuals in the
United States of America. If previously incarcerated individuals commit a crime and
complete their sentencing, they should not continue to pay for the crime after they have
been released from the Mississippi Department of Corrections. Second chances are not
readily available for previously incarcerated Black Americans in Mississippi. Society
continues to label these individuals as criminals. In addition, some previously
incarcerated individuals do not take citizenship seriously when they do not have a voice
in U.S. society.
The second research question was developed to understand the previously
incarcerated Black Americans’ experience and how they characterize the impact of
political disparity in Mississippi. My research findings revealed the longing of previously
incarcerated individuals to be a part of the United States of America despite already being
American. Some previously incarcerated individuals had a difficult time in prison and are
having a difficult time as citizens who are no longer incarcerated. Though the second
chance notion is often stated, it is not shown.
Some previously incarcerated individuals can find jobs and do well in life after
prison. However, some cannot live a productive life according to society. Some
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previously incarcerated individuals are harshly affected by the felony disenfranchisement
law. Each time they are unable to cast their vote, they are denied a fundamental right as a
citizen in the United States of America. Mississippi developed the felony
disenfranchisement law with no intention of altering the law for the sake of rehabilitation,
equality, and social equity.
Holmes County Mississippi citizens and political officials can do more than be
disgruntled about the felony disenfranchisement law. Citizens of Mississippi can
implement plans to advocate against the felony disenfranchisement law in Mississippi
and create educational programs to deter criminal activities. The felony
disenfranchisement law should be eliminated or altered to at least exclude nonviolent
crimes. Rehabilitation should include the restoration of rights and privileges as a citizen
of the United States.
Limitations of the Study
The purpose of the research was to bring clarity and transparency regarding the
participants’ experiences. Some circumstances could not be controlled by me. Black
Americans are more likely than White Americans to be incarcerated and convicted.
Individuals who previously committed a felony crime under Mississippi’s
disenfranchisement law are not granted the right to vote but are required to pay taxes.
This leaves Black communities underrepresented in the decision-making process. This
study targeted the effects of felony disenfranchisement laws on Black communities in
Mississippi. Therefore, the population did not include the White communities in
Mississippi. Limitations for this study included the recruitment of participants.
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I intended to recruit at least five willing participants for each category. This goal
was not accomplished for two categories: political officials and previously incarcerated
individuals. In addition, the effects of the COVID-19 pandemic hindered the progress of
this study. Another limitation of this study was the interpretation based on the experience
of the participants. Participants’ lived experiences and educational backgrounds played a
role in this research. The results of this study were based on the participants’ open and
honest answers to the interview questions presented.
The willingness of political officials to share their personal experiences regarding
voting and felony disenfranchisement laws in Mississippi was difficult to obtain. In
addition, access to state political officials was also difficult. Though political channels
helped me identify political officials who had an interest in the voting rights of previously
incarcerated individuals, barriers existed. Some political officials were too busy to
schedule a time to meet with me. In other cases, political officials did not want to
officially record their discussion on the felony disenfranchisement laws. Despite having
the confidentiality documentation, some political officials did not seem willing to take a
chance on being documented.
Another limitation of this study was accessing previously incarcerated individuals
who had committed a felony and had an interest in voting. Though I am well-known
across Holmes County Mississippi as a community leader, I was faced with unforeseen
barriers. Some previously incarcerated individuals choose to remain silent due to their
current status in the community. In addition, the small-town environment of the county
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created an atmosphere of secrecy and privacy. Some previously incarcerated citizens did
not want anyone to know they were disenfranchised due to a previous felony conviction.
Recommendations
There is limited research regarding the effects of the disenfranchisement laws on
voting in Mississippi’s Black communities. Felony disenfranchisement laws were
implemented by White supremacists to minimize the participation of Blacks in the
decision-making process (Guenther, 2016; Nelson, 2013). Disenfranchisement laws that
affect previously incarcerated individuals were put in place to limit the voting rights of
Blacks in the United States (Chen, 2014). Contrarily, some areas have counted
incarcerated individuals who do not have a right to vote as residents, which increased the
population in a particular district. Such routine procedures decrease the population of
incarcerated individuals’ native community (Ebenstein, 2018). I recommend further
research to measure whether Mississippi citizens care about the growing effects of the
disenfranchisement law in Mississippi.
The current study highlighted the facts regarding the racial and ethnic disparity
ratio for Black and White imprisonment in Mississippi. There are more Blacks
imprisoned than Whites. Furthermore, taxation without representation affects the lives of
previously incarcerated individuals who have committed one of the felony crimes listed
in the disenfranchisement law in Mississippi. The results of this study can be used to
further research racial disparities in Mississippi’s criminal justice system. This study also
highlighted the participants’ perspectives regarding Black history, racism, inequality, and
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social inequities. The results of this study may be used to further research the ongoing
effects of racism in Mississippi Black communities.
Implications
Conclusions developed from the results of this study will be important to promote
social change in Mississippi. Though the conversation regarding voting rights in America
is ongoing, there is limited literature on the topic of felony disenfranchisement laws’
effect on Black communities in Mississippi. In addition, there is limited information on
the experiences of political officials and residents of Mississippi. The current study can
be used to help political officials develop modern-day policies to address the felony
disenfranchisement laws that affect previously incarcerated individuals who committed a
felony and completed sentencing. In addition, this study may challenge government
officials to reexamine their political stance and their unbiased representation of all
citizens. Also, the findings of this study may promote a closer observation of felony
disenfranchisement laws’ impact on predominately Black communities such as Holmes
County Mississippi.
Taxation affects the lives of previously incarcerated individuals who have
committed one of the felony crimes listed in the disenfranchisement law in Mississippi.
The value placed on citizenship is questioned when a person does not have the right to
vote. This qualitative study explored felony disenfranchisement laws and voting in Black
communities in Mississippi. The results of this study may facilitate social change in
Mississippi by challenging political officials and citizens to reexamine
disenfranchisement laws in Mississippi and the precepts of the U.S. Constitution.
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Citizens need to know the laws that exist and understand the effects of the laws.
Not knowing the law exists does not remove its effects on an individual or community.
Presenting information regarding the initial purpose of the felony disenfranchisement
laws and their impact can be used to inspire all citizens to question the modern-day
purpose of the laws that affect the voting privileges of previously incarcerated
individuals. Exploring the effects of felony disenfranchisement laws and voting in Black
communities in Mississippi can be used to encourage legislatures to implement strategies
to allow taxation with representation for previously incarcerated individuals who
committed a felony.
This study shows the importance of knowing the laws that govern the United
States of America and Mississippi. In addition, this study shows the ongoing efforts to
silence the voices of Black Americans. I desire to help create social change that will
promote equality, justice, and social equity for everyone, but there must be efforts made
by everyone. The current study may lead community leaders to address the ongoing
criminal activities that affect the voting rights of individuals in the Black community.
Conclusion
Since the development of Amendments 14th and 15th of the United States
Constitution in 1868 and 1870, voting rights for citizens in the United States of America
have been protected. However, the right to vote has not been granted easily to everyone.
For Blacks and non-Whites in the United States of America, voting is equivalent to being
a citizen and having a voice in the decision-making process (Blessett, 2015). From Black
individuals being enslaved and freed to those previously incarcerated in modern-day
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society, a desire to have a voice in the decision-making process has been challenging.
Though felony disenfranchisement laws were written as a neutral policy, Black
communities’ voting privileges are affected more than White communities’ voting
privileges (Cresswell, 2014; Powell, 2017; Wilson et al., 2015). The lack of voting
privileges in Black communities leaves them underrepresented in the decision-making
process (Chung, 2019).
Felony disenfranchisement laws have been documented as legal law in the United
States despite the implementation of the Voting Rights Act of 1965 (Blessett, 2015). The
effect of its existence is rooted in racism to marginalize democracy and control the
decision-making process (Nelson, 2013; Guenther, 2016). Research has also documented
an inconsistency in the Constitution and felony disenfranchisement laws as it relates to
citizenship (Douglas, 2014). Though each citizen has the right to vote, a previously
incarcerated individual who has committed a felony despite completing sentencing may
not be eligible to vote unless the governor reestablishes eligibility in Mississippi (Miss.
Const. Ann. Art. 12, § 253).
The literature review offers strategies used to locate articles for future research.
Contents of the literature review present information that explores the theoretical
framework, as well as information that targets the effects of disenfranchisement laws on
the voting privileges of Blacks in America. It also provides an understanding of the
history of Black in America and the right to vote as well as the initial purpose of
disenfranchisement laws that now affect previously incarcerated individuals in the United
States of America.
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The voting rights for Black Americans have caused them to face turmoil and
discomforts that Whites have not had to face. Trials and tribulations have often involved
intimidation, threats, deaths, and voter suppression. Though the Constitution governs the
legalities of the United States of America, it also allows states to have some governing
power to implement laws. Previously incarcerated individuals in the state of Mississippi
are not given all the rights as citizens due to felony disenfranchisement restrictions. The
Black population in Mississippi does not reflect potential voter turnout due to voter
suppression and felony disenfranchisement laws.
The history of Blacks in America began with slavery and continues to include
oppression camouflaged by incarceration and disenfranchisement laws. The literature
review presents the progress states have made to ensure ex-felons can take part in the
decision-making progress. Mississippi has not eliminated or altered its felony
disenfranchisement laws which leave communities underrepresented in the decision-
making process. The review gives a reflection on disenfranchisement law and voting
rights in Mississippi and its effects on Mississippi’s Black communities. The review
further acknowledges techniques used to enforce direct disenfranchisement, as well as the
cases brought before the U.S. Supreme Court to eliminate the felony disenfranchisement
law that prevents an individual or previously incarcerated individual from voting despite
completing their sentencing.
The literature research for this study was conducted using numerous sources of
information. However, no literature was found that referred explicitly to
disenfranchisement laws and voting rights in Mississippi. Unfortunately, studies
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dedicated to Mississippi’s position and current purpose of felony disenfranchisement and
its effects on the Black community are limited. The information for this literature review
is limited to the creation of felony disenfranchisement laws, as well as the impact of those
laws on Black Americans and voting privileges. The research hopes to provide readers
with information concerning disenfranchisement laws affecting the voting rights of
Blacks in Mississippi. Details of how this research gap was filled are presented in
Chapter 3.
The previous chapters introduced felony disenfranchisement and its effect on
voting rights in the United States of America. What has now been explored are the
thoughts of Mississippians. This study explored the felony disenfranchisement laws and
voting rights in Mississippi’s Black communities. Details of this study could facilitate
social change within the state of Mississippi by inspiring political officials and citizens to
reexamine disenfranchisement laws in Mississippi and the precepts of the U.S.
Constitution. Presenting information regarding the initial purpose of the felony
disenfranchisement laws and their impact may also inspire all citizens to question the
modern-day purpose of the laws that affect the voting privileges of those previously
incarcerated for committing a felony under the Mississippi Constitution despite
completing sentencing. Currently, taxation without representation does not reflect the
livelihood of an individual who has completed sentencing for the felony crime committed
under the felony disenfranchisement law. The significance of exploring the effects of
felony disenfranchisement laws and voting within Black communities in Mississippi may
112
encourage legislatures to implement strategies to allow taxation with representation for
previously incarcerated individuals who committed a felony.
A qualitative methodology was chosen to gain more information on a topic that
has not been fully explored. The study utilized the perspectives of 11 Mississippi
residents, political officials, and previously incarcerated individuals who completed
sentencing. Having an in-depth conversation with each participant allowed me to explore
experiences and relay their perspectives to the readers of the study. Therefore, my role
was to protect the identity of each participant, remain neutral and unbiased, respect all
participants, and keep notes throughout the research process. Participants were directed to
a counselor for support if this study opened the door to mental anxieties.
Social construction framework (SCF) has been identified as the framework for
this research. This theory focuses on specific groups of individuals who are affected
negatively or positively. The effects may also be interpreted as a burden or a benefit to a
defined population. This framework was used to gain insight into the policy processes
used to implement the disenfranchisement law in Mississippi and its effects on Black
communities. SCF also allowed me to explore any effects race and ethnicity have on
policymakers and communities as it relates to the development of felony
disenfranchisement laws. Furthermore, this framework examined the experiences of
Mississippi’s political officials, residents, and previously incarcerated individuals who
committed a felony as it pertains to voting and felony disenfranchisement laws.
Examining such experience will allow the researcher to explore any burdens felony
disenfranchisement laws place on Mississippi’s Black communities.
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In this study, I considered several important factors, including race, educational
background, employment status, voting status, and political affiliations. All participants
were thoroughly verified. We specifically recruited adult males and females who
willingly volunteered to participate. To be eligible, individuals had to have been residents
of Mississippi for at least 10 years, and they must have lived in Holmes County,
Mississippi for at least 5 years. Additionally, all participants were required to be at least
21 years old and were identified through their passports, driver’s licenses, or legal
identification cards. Political officials were confirmed through the Mississippi State
Election Office. Before participating, each individual completed a consent form, and their
confidentiality will be protected throughout the study. All documents, equipment,
discoveries, and transcripts will remain confidential for at least 7 years.
Letters, newspaper ads, and social media ads will be used to gain interest from
participants as demonstrated in Appendix A: Letters to Participants and Appendix B:
Social Media and Newspaper Notice. Conducting in-depth face-to-face interviews
provided me with multiple perspectives and an accurate understanding of the research
topic. Furthermore, this type of interview allowed me to obtain detailed information.
Each interview was conducted in a quiet and private secure location in Holmes County,
MS. However, the time and location were altered to accommodate a participant’s needs.
In this study, it was important to discuss bias. I am a black woman who used to
work as a Victim Assistance Coordinator and Pretrial Diversion Supervisor for a District
Attorney’s Office in Mississippi. Additionally, I was a Democratic Precinct Chairperson
and an elected Board of Education member for my district. During the 2016 Presidential
114
Election, I organized a voter registration rally to encourage citizens to exercise their right
to vote. It was at this point that I discovered low voter turnout in Mississippi was not
solely due to disinterest amongst Black community members, but also due to the
restrictions on convicted felons’ voting rights. Voting has always been a significant
priority for me. I am mindful of my past experiences and managed them appropriately.
Research findings contained information regarding the participant’s structural
description, as well as a description of the group in its entirety. Chapter 4 provided
detailed narratives for Holmes County previously incarcerated individuals (Group 1),
Holmes County residents (Group 2), and Mississippi political officials (Group 3) who
participated in a face-to-face interview. This detailed information contains the
perspective of the participants. Coding in research helped give meaning to data. The
inductive approach allowed me to collect the data before presenting codes. The interview
focused on research questions. In addition, the themes established for this study were
used to address the key points for each group category. Appendices D, E, and F contain
the raw data and additional themes for each group. The interpretation of each category
was shared in Chapter 4 to help address the research questions for this study.
This study provided perspectives of previously incarcerated individuals and
residents of Holmes County, MS, and political officials of Mississippi. The description
for each code gives an overall perspective of each category. The clear and concise
breakdown gives a comparative view of this qualitative study. The findings contribute to
social changes that affect society and the Mississippi State Constitution. The conclusions
115
and recommendations for each focus group will contribute to the research surrounding
the effects of felony disenfranchisement laws on Black communities in Mississippi.
As a result of this study, there are perspectives from people who feel they are
directly and indirectly affected by the felony disenfranchisement law in Mississippi. The
result of the study can promote the reexamination of the felony disenfranchisement law
and its intentions. The perspectives of each participant were comparably similar for
certain themes. With this study, people will gain knowledge about Mississippi felony
disenfranchisement law and its overall effects on the Black community in Holmes
County, MS through the lens of Mississippi political officials and the people in Holmes
County, MS.
116
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