Mississippi Ballot Measure 2, Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment (2020)
| Mississippi Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment | |
|---|---|
| Election date November 3, 2020 | |
| Topic Elections and campaigns | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
The Mississippi Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment was on the ballot in Mississippi as a legislatively referred constitutional amendment on November 3, 2020. It was approved.
A "yes" vote supported the following: *removing the requirement that a candidate for governor or elected state office receive the most votes in a majority of the state's 122 House of Representatives districts (the electoral vote requirement); *removing the role of the Mississippi House of Representatives in choosing a winner if no candidate receives majority approval; and *providing that a candidate for governor or state office must receive a majority vote of the people to win and that a runoff election will be held between the two highest vote-getters in the event that no candidate receives a majority vote. |
A "no" vote opposed this amendment to establish runoff elections for governor and state offices, thereby maintaining the electoral vote requirement and the provision establishing that the House of Representatives vote for a winner in the event that no candidate receives a majority or in the event of a tie. |
Election results
|
Mississippi Ballot Measure 2 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 984,788 | 79.28% | |||
| No | 257,314 | 20.72% | ||
-
- Results are officially certified.
- Source
Overview
What did this amendment change about statewide office elections in Mississippi?
Going into 2020, in Mississippi, a candidate for Governor or elected statewide office (Lieutenant Governor, Secretary of State, Attorney General, State Auditor, State Treasurer, Commissioner of Agriculture, and Commissioner of Insurance) was required to win the popular vote and the highest number of votes in a majority of the state's 122 House districts (the electoral vote). If no candidate secured majorities of both the popular and the electoral vote, under Article V, Section 141, the Mississippi House of Representatives considered the two highest vote-getters and voted to choose the winner.[1] The election system was adopted in the state constitution of 1890.[2]
The constitutional amendment removed the electoral vote requirement and the House of Representatives' role in choosing a winner in the event of a tie. The amendment provided that if a candidate for Governor of Mississippi or statewide elected office does not receive a majority vote of the people, the candidates proceed to a runoff election. The details of the runoff election were left to be provided through state law. The amendment was designed to first apply to the gubernatorial and statewide office elections in 2023.[1]
A runoff election is a second general election conducted to determine which of the top vote-getters in the first general election will be elected to office. Runoffs occur in states that require candidates to receive a majority (as opposed to a plurality) of the vote to win an election. Two states conduct general election runoffs for select federal and state-level offices: Georgia and Louisiana.
Why was this measure on the ballot?
- See also: Background and Path to the ballot
Four African-American citizens filed a federal lawsuit (McLemore v. Hosemann) backed by the National Redistricting Foundation on May 30, 2019, alleging that the electoral vote requirement was racially discriminatory and violated the U.S. Constitution and the Voting Rights Act. The plaintiffs sought a preliminary injunction to block enforcement of the electoral vote requirement for the 2019 gubernatorial election. On November 1, 2019, the court acknowledged that the electoral vote requirement was likely unconstitutional, but noted that "courts have allowed elections to proceed under unconstitutional rules where it is simply too late to make a change" and denied to grant a preliminary injunction. On December 13, 2019, the court stayed litigation surrounding the election requirements to give the state legislature a chance to remove the constitutional provisions during the 2020 legislative session and said that "if the amendment process falls short, then there would be ample time to resume this litigation and resolve the matter before the 2023 election cycle."[3][4][5][6]
This amendment was introduced as House Concurrent Resolution 47 by Rep. Jim Beckett (R) on February 17, 2020. The House adopted the measure in a vote of 109-6 on June 28 and the Senate adopted the measure in a vote of 49-2 on June 29, 2020.[7]
Had the Mississippi House of Representatives decided a gubernatorial election before?
- See also: 1999 Mississippi gubernatorial election
The Mississippi House of Representatives had decided a gubernatorial election one time. In 1999, Ronnie Musgrove (D) received a plurality of the vote, 8,300 more votes than the next highest vote-getter, Mike Parker (R) in a contest with four candidates. Musgrove received 49.6% of the vote and Parker received 48.5% of the vote. Musgrove and Parker each won 61 of the state's 122 House districts. Since neither candidate won a majority (over 50%) of the vote and neither candidate won a majority of the state's House districts, the Democratic-controlled Mississippi House of Representatives decided the election. The House chose Musgrove on January 4, 2000, in a vote of 86-36 along party lines.[8]
Text of measure
Ballot question
The ballot question for the amendment was as follows:[1]
| “ | This amendment provides that to be elected Governor, or to any other statewide office, a candidate must receive a majority of the votes in the general election. If no candidate receives a majority of the votes, then a runoff election shall be held as provided by general law. The requirement of receiving the most votes in a majority of Mississippi House of Representative's districts is removed.
[] YES [] NO [9] |
” |
Constitutional changes
- See also: Mississippi Constitution
The measure amended section 140 of the Mississippi Constitution and repealed sections 141, 142, and 143 of the Mississippi Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
"Section 140. The Governor of the state and all statewide elected officials shall be chosen in the following manner: elected by the people in a general election to be held on the first Tuesday after the first Monday of November of A.D. 1895, 2023 and on the first Tuesday after the first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and. The person receiving in any county or such legislative district the highest a majority of the number of votes cast therein, in the election for said these offices , shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes." In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature declared elected. If no person received a majority of the votes, then a runoff election shall be held under procedures prescribed by the Legislature in general law.
The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected.
Section 141. If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted.
Section 142. In case of an election of governor or any state officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other state officer so elected, during the term for which he shall be elected.
Section 143. All other state officers shall be elected at the same time, and in the same manner as provided for election of Governor.
[9]
Readability score
- See also: Ballot measure readability scores, 2020
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Mississippi State Legislature wrote the ballot language for this measure.
|
Support
Supporters
Organizations
Arguments
Opposition
Aside from the votes against the measure in the state legislature, If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
Ballotpedia did not identify any committees registered in support of or in opposition to the measure.
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Polls
A poll conducted between October 23 and October 26, 2020, found that 54% of respondents planned to vote in favor of Ballot Measure 2, 25% planned to vote against it, and 21% were undecided. Poll results are detailed below.[10]
| Mississippi Ballot Measure 2 | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| Civiqs poll 10/23/20 - 10/26/20 | 54.0% | 25.0% | 21.0% | +/-5.3 | 507 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Background
McLemore v. Hosemann lawsuit
Four African-American citizens filed a federal lawsuit (McLemore v. Hosemann) backed by the National Redistricting Foundation on May 30, 2019, alleging that the electoral vote requirement was racially discriminatory and violated the U.S. Constitution and the Voting Rights Act. Plaintiffs sought a preliminary injunction to block enforcement of the electoral vote requirement for the 2019 gubernatorial election. On November 1 2019, the court acknowledged that the electoral vote requirement was likely unconstitutional, but noted that "courts have allowed elections to proceed under unconstitutional rules where it is simply too late to make a change" and denied to grant a preliminary injunction. On December 13, 2019, the court stayed litigation surrounding the election requirements to give the state legislature a chance to remove the constitutional provisions during the 2020 legislative session and said that "if the amendment process falls short, then there would be ample time to resume this litigation and resolve the matter before the 2023 election cycle."[11][12][13][14]
1999 Mississippi gubernatorial election
The Mississippi House of Representatives has decided a gubernatorial election one time. In 1999, Ronnie Musgrove (D) received a plurality of the vote, 8,300 more votes than the next highest vote-getter, Mike Parker (R) in a contest with four candidates. Musgrove received 49.6% of the vote and Parker received 48.5% of the vote. Musgrove and Parker each won 61 of the state's 122 House districts. Since neither candidate won a majority (over 50%) of the vote and neither candidate won a majority of the state's House districts, the Democratic-controlled Mississippi House of Representatives decided the election. The House chose Musgrove on January 4, 2000, in a vote of 86-36 along party lines.[15]
Runoff elections
- See also: Runoff election
A runoff election is a second general election conducted to determine which of the top vote-getters in the first general election will be elected to office. Runoffs occur in states that require candidates to receive a majority (as opposed to a plurality) of the vote to win an election. Two states conduct general election runoffs for select federal and state-level offices: Georgia and Louisiana.[16]
A primary runoff is a second primary election conducted to determine which of the top vote-getters in the first primary will be awarded the party nomination for an office. Primary runoffs can occur in states that require candidates to receive a majority (as opposed to a plurality) of the vote to win an election. A primary runoff can also be triggered when no candidate meets a minimum threshold of votes to win a contest, such as in North Carolina, which requires a candidate to receive 30 percent of the vote plus one to win.[16] Ten states conduct primary runoffs: Alabama, Arkansas, Georgia, Mississippi, North Carolina, Oklahoma, South Carolina, South Dakota, Texas and Vermont. In Vermont, primary runoff elections are only held in the case of a tie vote. South Dakota only conducts runoffs for congressional and gubernatorial races.[16]
Majority vs. plurality voting systems
- See also: Majority voting system, Plurality voting system
A majority voting system is an electoral system in which the winner of an election is the candidate that received more than half of the votes cast. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters.
A plurality voting system is an electoral system in which the winner of an election is the candidate that received the highest number of votes. The candidate does not need to win a majority of votes to be elected. This system is sometimes referred to as first-past-the-post or winner-take-all. This is the most common voting system used in the United States.
For example, if 100 votes are cast and Candidate A received 45 votes, Candidate B received 30 votes, and Candidate C received 25 votes, Candidate A won a plurality of votes (the highest number) but did not win a majority of votes. In a majority voting system, the winner would need to receive 51 votes, or 50%+1.
Election policy on the ballot in 2020
In 2020, voters in 14 states voted on 18 ballot measures addressing election-related policies. One of the measures addressed campaign finance, one were related to election dates, five addressed election systems, three addressed redistricting, five addressed suffrage, and three addressed term limits.
Click Show to read details about the election-related measures on statewide ballots in 2020.
| Election-related policy ballot measures in 2020 | |||||
|---|---|---|---|---|---|
|
Campaign finance
Election dates
Election systems
Redistricting
Suffrage
Term limits and term lengths
| |||||
Legislatively referred constitutional amendments in Mississippi
Since 1998, six legislatively referred constitutional amendments appeared on the ballot in Mississippi. Five were approved (83.33%) and one (16.67%) was defeated. The last time the legislature referred a constitutional amendment to the ballot was the Right to Hunt and Fish Amendment of 2014, which was approved.
Path to the ballot
- See also: Amending the Mississippi Constitution
In Mississippi, for a legislatively referred constitutional amendment to be certified for the ballot, two-thirds of each house of the Mississippi State Legislature must vote to put it there. The absolute number of those voting in favor must be equal to at least a majority of the members elected to each house.
This amendment was introduced as House Concurrent Resolution 47 on February 17, 2020. The measure was passed in the House on March 10, 2020, in a vote of 114-2. Both no votes came from Republican representatives. Five representatives either were absent, did not vote, or voted present. There was one vacancy. The Senate amended the resolution and the House declined to concur. A conference committee was formed and the bill was amended and adopted by the House in a vote of 109-6 on June 28 and by the Senate in a vote of 49-2 on June 29, 2020. There were two vacancies in the House at the time of the vote.[7]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How to cast a vote
- See also: Voting in Mississippi
Click "Show" to learn more about voter registration, identification requirements, and poll times in Mississippi.
| How to cast a vote in Mississippi | |||||
|---|---|---|---|---|---|
Poll timesAll polling places in Mississippi are open from 7:00 a.m. to 7:00 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote.[30] Registration requirements
To register in Mississippi, prospective voters must be United States citizens, residents of their county in Mississippi for at least 30 days, and at least 18 years old by Election Day.[31][32] Registration applicants must postmark or submit an application in person to the local circuit clerk’s office at least 30 days before an election. Mailed applications must be postmarked by this date.[32] Automatic registration
Mississippi does not practice automatic voter registration. Online registration
Mississippi does not permit online voter registration. Same-day registration
Mississippi does not allow same-day voter registration. Residency requirementsTo register to vote in Mississippi, you must be a resident of the state for at least 30 days.[32] Verification of citizenshipMississippi does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.[32] All voter registration applications are checked against state driver's license data. If a person is flagged as a possible non-citizen, the registrar is notified, and the person is checked against the United States Citizenship and Immigration Service’s Systematic Alien Verification for Entitlements (SAVE) system. If the SAVE data also indicates a person is a non-citizen, the person will be notified that they must provide proof of citizenship to vote.[33] Accepted proof of citizenship include:
All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[34] Eight states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, South Dakota, Utah, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Two states, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site Y’all Vote, run by the Mississippi Secretary of State office, allows residents to check their voter registration status online. Voter ID requirementsMississippi requires voters to present photo identification while voting.[35] The following list of accepted ID was current as of October 2025.[36]
Registered voters can obtain a Mississippi Voter Identification Card for free at any circuit clerk’s office in Mississippi. Voters can apply for a card during normal business hours (8:00 a.m. to 5:00 p.m.). Voters who need transportation to a circuit clerk’s office can call 1-800-829-6786. Transportation is free of charge.[37] | |||||
See also
External links
- House Concurrent Resolution 47 full text
- 2020 Ballot Initiative Information
- 2020 Ballot Initiative Brochure
- 2020 General Election Sample Ballot
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Mississippi State Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
- ↑ Mississippi Secretary of State, "Mississippi Constitution Adopted November 1, 1890," accessed July 1, 2020
- ↑ Bloomberg Law, "Judge Leaves Jim Crow-Era Election Rules Intact in Mississippi," accessed July 1, 2020
- ↑ Redistricting Foundation, "National Redistricting Foundation Lawsuit Pushes Mississippi Legislature to Remove Jim Crow Era Law," accessed July 1, 2020
- ↑ Election Law Blog, "Case 3:19-cv-00383-DPJ-FKB Document 35 Filed 12/13/19," accessed July 1, 2020
- ↑ Document Cloud, "Case 3:19-cv-00383-DPJ-FKB Document 35 Filed 5/30/19," accessed July 1, 2020
- ↑ 7.0 7.1 Mississippi Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
- ↑ Web Archive: NationalJournal.com, "Gov. Ronnie Musgrove (D)," accessed July 1, 2020
- ↑ 9.0 9.1 9.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Civiqs, "Mississippi 2020 poll," accessed October 27, 2020
- ↑ Bloomberg Law, "Judge Leaves Jim Crow-Era Election Rules Intact in Mississippi," accessed July 1, 2020
- ↑ Redistricting Foundation, "National Redistricting Foundation Lawsuit Pushes Mississippi Legislature to Remove Jim Crow Era Law," accessed July 1, 2020
- ↑ Election Law Blog, "Case 3:19-cv-00383-DPJ-FKB Document 35 Filed 12/13/19," accessed July 1, 2020
- ↑ Document Cloud, "Case 3:19-cv-00383-DPJ-FKB Document 35 Filed 5/30/19," accessed July 1, 2020
- ↑ Web Archive: NationalJournal.com, "Gov. Ronnie Musgrove (D)," accessed July 1, 2020
- ↑ 16.0 16.1 16.2 National Conference of State Legislatures, "Primary Runoffs," accessed March 11, 2020
- ↑ Alaska Division of Elections, "Alaska's Better Elections Initiative," accessed January 6, 2020
- ↑ Colorado General Assembly, "Senate Bill 42 (2019)," accessed September 5, 2019
- ↑ Florida Department of Elections, "Initiative 19-07," accessed March 14, 2019
- ↑ Massachusetts Attorney General, "Initiative 19-10: Initiative Petition for a Law to Implement Ranked-Choice Voting in Elections," accessed August 7, 2019
- ↑ Mississippi State Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
- ↑ Missouri Legislature, "SJR 38 Full Text," accessed February 10, 2020
- ↑ New Jersey State Legislature, "Assembly Concurrent Resolution 188," accessed July 31, 2020
- ↑ U.S. Census Bureau, "2020 Census Operational Adjustments Due to COVID-19," accessed August 10, 2020
- ↑ Virginia General Assembly, "Senate Bill 236," accessed March 5, 2020
- ↑ Arkansas Legislature, "SJR 15 full text," accessed March 28, 2019
- ↑ Kentucky Legislature, "House Bill 405 Text," accessed March 11, 2020
- ↑ Missouri State Senate, "SJR 14," accessed April 17, 2019
- ↑ Sen. Angela Burks Hill (R) voted present
- ↑ Mississippi Secretary of State, "Voter Information Guide," accessed September 17, 2025
- ↑ Mississippi Secretary of State, "Voter Registration Information," accessed September 17, 2025
- ↑ 32.0 32.1 32.2 32.3 Mississippi Secretary of State, "Voter Registration Application," accessed September 17, 2025
- ↑ 33.0 33.1 LexisNexis, "Miss. Code Ann. § 23-15-15," accessed February 25, 2026
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Mississippi Secretary of State, "Mississippi Voter ID," accessed October 7, 2025
- ↑ Mississippi Secretary of State, "Acceptable Photo IDs," accessed October 7, 2025
- ↑ Mississippi Secretary of State, "How to get a MS Voter ID Card." accessed October 7, 2025
State of Mississippi Jackson (capital) | |
|---|---|
| Elections |
What's on my ballot? | Elections in 2026 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |