Mississippi Ballot Measure 3, State Flag Referendum (2020)
| Mississippi State Flag Referendum | |
|---|---|
| Election date November 3, 2020 | |
| Topic Motto and symbols | |
| Status | |
| Type State statute | Origin State legislature |
The Mississippi State Flag Referendum was on the ballot in Mississippi as a legislatively referred state statute on November 3, 2020. It was approved.
A "yes" vote supported adopting a new official Mississippi state flag as designed by the Commission to Redesign the Mississippi State Flag, which may not contain the Confederate Battle Flag and must include the words "In God We Trust." |
A "no" vote opposed adopting the new proposed official Mississippi state flag and supports voting on another new flag design to be presented at a special election in 2021. |
Aftermath
On January 5, 2021, the first day of the 2021 state legislative session, the Mississippi House of Representatives voted 119-1 to pass House Bill 1, which was designed to codify the new state flag into state law. The State Senate passed the bill on January 6, 2020, in a vote of 43-7. Governor Tate Reeves signed the bill on January 11, 2021.[1] Additionally, a companion bill, House Bill 68, was passed in the House of Representatives on January 5, 2021. The bill was designed to appropriate funds to purchase new state flags.[2]
Election results
|
Mississippi Ballot Measure 3 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 943,918 | 72.98% | |||
| No | 349,522 | 27.02% | ||
Overview
What did Ballot Measure 3 do?
Approval of Ballot Measure 3 directed the Mississippi State Legislature to pass legislation implementing the new design as the official state flag during the 2021 regular legislative session set to begin in January.[3]
What flag did Mississippi vote on?
At the election on November 3, 2020, Mississippi voters were shown a colored picture of the new proposed state flag, named the In God We Trust Flag. Voters were able to vote either yes to adopt the new flag or no to oppose adopting the new state flag. It was approved. If the new proposed flag had been rejected by voters, the Commission to Redesign the Mississippi State Flag would have reconvened to design another flag, and voters would have voted on it in November 2021. The commission unanimously selected the final flag on September 2, 2020. The flag is shown below:[3]
How was the new proposed flag selected?
House Bill 1796, which was passed by the legislature and signed into law by Governor Tate Reeves (R) on June 30, 2020, removed the official status of the state flag, which, at the time, contained the Confederate battle cross. The bill provided for the removal of the state flag within 15 days. The bill established the Commission to Redesign the Mississippi State Flag, which was tasked with designing a new state flag and reporting the recommended design to the Governor and to the state legislature. The bill provided that "the new design for the Mississippi State Flag shall honor the past while embracing the promise of the future." The Commission to Redesign the Mississippi State Flag consisted of nine members. The Speaker of the House and the Lieutenant Governor each appointed three members. The other three members were representatives from the Mississippi Economic Council, the Mississippi Arts Commission, and the Board of Trustees of the Mississippi Department of Archives and History, which were appointed by Gov. Tate Reeves.[3]
The public was able to submit flag designs (either by mail or email) to the Mississippi Department of Archives and History (MDAH) until August 1, 2020. Flag designs needed to adhere to North American Vexillological Association standards (be simple enough that a child could draw it from memory; use meaningful symbolism; use two or three basic colors; not use lettering or seals; and be distinctive or be related). The commission received around 3,000 flags that met the criteria. The commission narrowed the designs down across four meetings until the final design was selected on September 2, 2020.[4][5][6]
What is the history of Mississippi's state flag?
- See also: Background
The previous Mississippi state flag was adopted by the state legislature in 1894. The emblem on the left side of the 1894 flag includes the Confederate Battle Cross.
Voters in Mississippi decided a state flag referendum in April 2001, which presented voters with two potential state flags. Voters approved Proposition A, which reaffirmed the use of the flag adopted in 1894 containing the Confederate flag.
Mississippi became the only state with a state flag containing the Confederate flag after Georgia had removed it from their state flag in 2001. The Georgia state flag had contained the Confederate flag since 1956.[7]
Mississippi State Flag until June 30, 2020
Commission meetings and flag selection
By August 7, 2020, the nine commissioners of the Commission to Redesign the Mississippi State Flag each needed to choose 25 flags to advance to the second round. On August 14, 2020, the Commission to Redesign the Mississippi State Flag narrowed down the number of potential flags to nine. The designs were posted on the Mississippi Department of Archives and History (MDAH) website. The MDAH offered a nonbinding public poll for anyone visiting the website to choose their favorite. The commission met on August 18 and selected five flags to move forward. The top five flags were set to be printed on fabric for commissioners to view at the meeting set for August 25. The top five flags were set to be offered for public comment beginning on August 25 through September 2. The commission selected two final flag designs on August 25, 2020. The final flag was adopted unanimously by the Commission on September 2, 2020. It was named the In God We Trust Flag.[8][9][10][11]
Text of measure
Ballot question
| “ | Please vote 'Yes' or 'No' on whether the following design shall be the official Mississippi State Flag
[] YES [] NO [12] |
” |
Full text
The full text of House Bill 1796 is available here.
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
Arguments
Opposition
Arguments
Media editorials
- See also: 2020 ballot measure media endorsements
Support
Opposition
If you are aware of an editorial opposing Ballot Measure 3, 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 61% of respondents planned to vote in favor of Ballot Measure 3, 31% planned to vote against it, and 8% were undecided. Poll results are detailed below.[13]
| Mississippi Ballot Measure 3 | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| Civiqs poll 10/23/20 - 10/26/20 | 61.0% | 31.0% | 8.0% | +/-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
History of Mississippi state flag
Flag referendum of 2001
The previous Mississippi state flag was adopted by the state legislature in 1894. The emblem on the left side of the 1894 flag included the Confederate battle cross. In 1906, Mississippi enacted a revised code of laws, and due to an oversight, the law establishing the official state flag was inadvertently repealed.[14] Voters in Mississippi decided a state flag referendum in April 2001. The measure presented voters with two potential state flags. Voters approved Proposition A, which made the 1894 Confederate flag the official state flag.
The 2001 flag referendum came about after a lawsuit brought by the NAACP (National Association for the Advancement of Colored People) in 1993 alleging that the use of the Confederate flag in the state flag violated plaintiff's constitutional rights to free speech, due process, and equal protection. The Mississippi Supreme Court ruled in 2000 that the state flag's inclusion of the Confederate Battle Flag did not violate any constitutionally protected rights. The court had also found that the state flag requirements were not codified in state law and thus that Mississippi did not have an official state flag. The 2001 flag referendum was held to formally adopt a state flag and officially codify it in law.[15][16]
Previous citizen initiatives concerning the state flag
There was one attempt by citizen initiative in 2018 to remove references to the Confederate flag from the state's flag. The measure, which would have required 86,185 valid signatures, did not qualify to appear on the ballot since petitioners did not submit any signatures.
There were four previous citizen initiatives (three in 2018 and one in 2019) that sought to recognize the state's current flag (containing the Confederate battle cross) as the official flag in the state constitution. None of the measures qualified for the ballot.
George Floyd death and protests
On May 25, 2020, Minneapolis, Minnesota, police officers arrested George Floyd, a Black man, after receiving a call that he had made a purchase with a counterfeit $20 bill.[17] Floyd died after one officer, Derek Chauvin, arrived at the scene and pressed his knee onto Floyd's neck as Floyd laid face-down on the street in handcuffs.[18] Both the Hennepin County Medical Examiner and an independent autopsy conducted by Floyd's family ruled Floyd's death as a homicide stemming from the incident.[19]
After the killing of George Floyd on May 25, 2020, protests against racism and the debate about confederate flags and statues resurfaced. Mississippi Governor Tate Reeves (R) Tweeted on June 27, 2020, "The argument over the 1894 flag has become as divisive as the flag itself and it’s time to end it."[20] State Representative Robert Johnson III (D) said, "It is a symbol of terror in the Black community. It is a symbol of oppression in the Black community and it is a symbol of slavery. Everything that has been devastating to African Americans and to especially African Americans in the South, everything that has been a complete and utter disaster for us, that flag represents." Johnson said the protests against racism after Floyd's death created "a perfect storm" that spurred the state legislature to act in removing the state flag.[21]
Use of confederate symbols in other state flags
Mississippi became the only state with a state flag containing the Confederate flag after Georgia had removed it from their state flag in 2001. Georgia, the only other state with a state flag containing the Confederate flag, contained it since 1956.[22] Alabama, Arkansas, Florida, North Carolina, and Tennessee, (which were Confederate states) each have state flags with histories related to the Confederate flag, according to Christopher Ingraham of the Washington Post. For example, the Arkansas state flag includes four stars. The lone star above the word Arkansas was added "to commemorate Arkansas' membership in the Confederacy," according to the Arkansas Secretary of State's office.[23][24] Dr. Thomas Owen, director of the Alabama Department of Archives and History, concluded that the Alabama state flag was designed to "preserve in permanent form some of the more distinctive features of the Confederate battle flag, particularly the St. Andrew’s cross."[25]
Top five flag designs
The top five flag designs were as follows:[26]
Path to the ballot
On June 27, 2020, the state legislature passed House Concurrent Resolution 79, which suspended the legislative deadlines for introducing bills so that a bill could be introduced to establish a commission to design a new state flag. The bill, House Bill 1796, was passed by the state legislature on June 28, 2020, in a vote of 92-23 in the House and 37-14 in the Senate.
In the House, all 46 Democratic representatives voted in favor of the bill. The vote among House Republicans was split with 45 voting in favor, 23 voting against, and five absent or not voting. Independent Representative Angela Cockerham voted in favor. There were two vacancies in the House at the time of the vote.[3]
In the Senate, all 16 Democratic senators voted in favor of the bill. The vote among Senate Republicans was split with 21 voting in favor, 14 voting against, and one absent or not voting.[3]
The bill required the governor's signature. Mississippi Governor Tate Reeves (R) was expected to sign it. Reeves signed the bill on June 30, 2020.[3]
Vote totals on House Bill 1796 by party are below.
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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.[27] Registration requirementsTo 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.[28][29] Registration applications must be submitted by mail or in person to the local circuit clerk’s office at least 30 days before an election. Mailed applications must be postmarked by this date.[29] Automatic registrationMississippi does not practice automatic voter registration. Online registration
Mississippi does not permit online voter registration. Same-day registrationMississippi 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.[29] Verification of citizenshipProspective voters registering for the first time must provide either their Mississippi driver’s license number or social security number. If neither is available, they must submit "a copy of a current and valid photo ID or a copy of a current utility bill, bank
statement, government check, paycheck or other government document" showing their current address in order to verify their residency.Cite error: Closing Absentee voting
The following types of Mississippi voters are eligible to vote by absentee/mail-in ballot:[30][27]
There is no specific deadline for applying for an absentee ballot. However, voters are encouraged to contact their local circuit or municipal clerk’s office to request an absentee ballot within 45 days of the election. Completed ballots must be postmarked on or before Election Day and received within five business days of the election in order to be counted.[27][30] Returning absentee ballotsCompleted ballots must be postmarked on or before Election Day and received within five business days of the election in order to be counted.[30] On Wednesday, March 22, 2023, Governor Tate Reeves (R) signed Senate Bill 2358 into law, making it a crime to collect and submit mail-in ballots on behalf of others. The law prohibits anyone other than an election official, postal officer, family member, household member, caregiver or commercial carrier from submitting a ballot on behalf of another individual. The effective date of SB 2358 is July 1.[31] Signature requirements and cure provisionsMississippi does not have a cure provision, or a law providing for a process where election officials follow up with voters about certain issues with signatures on their absentee ballots.[27] Was your absentee ballot counted?As of April 2023, Mississippi did not have a statewide mail ballot tracking system. Voter identification requirements
Mississippi requires voters to present photo identification while voting.[32] The following list of accepted ID was current as of April 2023. Click here for the Mississippi Secertary of State page on accepted ID to ensure you have the most current information.[33]
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 the secretary of state’s voter ID toll-free hotline at 1-844-678-6837, visit www.MSVoterID.ms.gov, or email MSVoterID@sos.ms.gov to schedule a ride. Transportation is free of charge.[34] BackgroundA 2011 voter ID amendment to the state constitution required an implementing statute and faced United States Department of Justice (DOJ) pre-clearance before it could take effect. In October 2012, the DOJ requested additional information about the law. Mississippi voters, therefore, did not have to show proof of identification to vote in the November 2012 general election. In January 2013, proposed administrative rules for the voter photo identification law were submitted to the DOJ for approval. These rules included a provision allowing for voters who lack an acceptable photo ID to obtain a free voter photo ID card by presenting the same identification materials accepted when a person registers to vote. Once the Supreme Court of the United States issued its ruling in Shelby County v. Holder, federal pre-clearance was no longer required. As a result, the voter ID law took full effect. As of May 2023, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 23 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[35][36] Provisional balloting for voters without IDA voter who does not have an acceptable form of identification can cast a provisional ballot, also known as an affidavit ballot. For this ballot to be counted, the voter must either provide the proper ID, apply for a Mississippi Voter ID Card, or submit a religious exemption form within five business days after the election.[27] Mississippi voters are required to present photo identification in order to vote in person. Accepted forms include a driver's license, U.S. passport, or photo ID issued by a branch or department of the state. Voters can obtain a Mississippi Voter Identification Card for free at any circuit clerk’s office in the state.[34] Provisional ballot rulesVoters in Mississippi are given affidavit ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances.[27][37] (1) If the voter is unable to provide a valid form of photo identification, the voter has the right to cast an affidavit ballot.
(2) If the voter is not registered to vote because he or she "may have been illegally denied registration," the voter has the right to cast an affidavit ballot. (3) If the voter’s name does not appear in the poll book, the voter has the right to cast an affidavit ballot. (4) If the voter has recently moved to a new address, the voter has the right to cast an affidavit ballot. (5) If the voter does not "qualify under state of federal law to cast a regular election Day Ballot," the voter has the right to cast an affidavit ballot. For the affidavit ballot to be counted, the voter must either provide the proper ID, apply for a Mississippi Voter ID Card, or submit a religious exemption form within five business days after the election.[34] Was your provisional ballot counted?A provisional ballot is rejected in the following circumstances:[38]
At least 10 days after the election, the voter can contact the party executive committee (in primary elections, the election commission (in general and special elections), or the circuit clerk to find out if his or her affidavit ballot was counted. Local election officials
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Primary election type
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Mississippi state law stipulates that an individual can only participate in a party's primary if he or she "intends to support the nominations made in the primary" in which he or she participates. However, this is generally considered an unenforceable requirement. Consequently, Mississippi's primary is effectively open.[39][40][41][42] For information about which offices are nominated via primary election, see this article. Time off work for votingBallotpedia did not find a law specifying whether voters must be given time off from work to vote in this state. Nolo.com notes that states without such state laws may have administrative regulations or local ordinances pertaining to time off for voting and suggests calling your local board of elections or state labor department for more information.[43] If you know of a relevant policy in this state, please email us. As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions. Voting rules for people convicted of a felony
In Mississippi, people convicted of one of the following felony offenses are permanently disqualified from voting, Article 12, Section 241 of the state's constitution: murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy. People convicted of other felony offenses automatically regain their voting rights upon completion of their sentence.[27] People convicted of disqualifying felonies must individually request to regain their voting rights and either receive a pardon from the governor or receive a two-thirds majority vote in both houses of the Mississippi legislature, as specified by Article 12, Section 253 of the state's constitution]. Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[44] Voter list maintenanceAll states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA).[45] The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.[46] When names can be removed from the voter listMississippi law authorizes election officials to remove the names of voters from the registered voting list if an individual:[47]
Inactive voter list rulesIf election officials, using National Change of Address data and other address and voter verification resources, determine that a voter has moved outside of their voting jurisdiction, they are to send the voter a confirmation card and change their registration status to inactive. If the voter does not return the card and fails to vote in the next two federal general elections, they are to be removed from the voter rolls.[47] The Electronic Registration Information Center (ERIC)According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records, to provide member states with detailed reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor."[48] As of April 2023, Mississippi was one of the 24 states not participatingin the ERIC program. Post-election auditingMississippi state law does not require post-election audits.[49] Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. According to the Election Assistance Commission, 40 states required some form of post-election audit as of May 2023.[44][50] Typically, audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. Thirty-five states and the District of Columbia require this type of traditional post-election audit: Alaska, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wisconsin. Three additional states require risk-limiting post-election audits, which use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot: Colorado, Rhode Island, and Virginia. Two other states require procedural post-election audits, which review the entire election process, including vote totals, ballot chain of custody, and election worker training: Michigan and South Carolina.[44][50] Election administration agenciesElection agencies
Individuals seeking additional information about voting provisions in Mississippi can contact the following local, state, and federal agencies. Mississippi County Election Officials Mississippi Secretary of State
U.S. Election Assistance Commission
Election policy ballot measuresBallotpedia has tracked the following ballot measures relating to election and campaign policy in Mississippi.
Election policy legislationThe following is a list of recent election bills that have been introduced in or passed by the Mississippi State Legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan. Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Ballotpedia's election coverage
See also
Elections in Mississippi
External linksFootnotes
Voter ID requirementsMississippi requires voters to present photo identification while voting.[1] The following list of accepted ID was current as of April 2023. Click here for the Mississippi Secertary of State page on accepted ID to ensure you have the most current information.[2]
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 the secretary of state’s voter ID toll-free hotline at 1-844-678-6837, visit www.MSVoterID.ms.gov, or email MSVoterID@sos.ms.gov to schedule a ride. Transportation is free of charge.[3] | |||||||||
See also
External links
- House Bill 1796 full text
- 2020 Ballot Initiative Information
- 2020 Ballot Initiative Brochure
- 2020 General Election Sample Ballot
Footnotes
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