Ferguson v. Williams

330 F. Supp. 1012, 1971 U.S. Dist. LEXIS 11850
CourtDistrict Court, N.D. Mississippi
DecidedAugust 30, 1971
DocketNo. GC 7173
StatusPublished
Cited by12 cases

This text of 330 F. Supp. 1012 (Ferguson v. Williams) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. Williams, 330 F. Supp. 1012, 1971 U.S. Dist. LEXIS 11850 (N.D. Miss. 1971).

Opinion

KEADY, District Judge:

This case presents the basic question of whether Mississippi’s four-month registration requirement for voting in state and local elections as provided by its state constitution,1 and statute,2 violates the Equal Protection Clause of the Fourteenth Amendment. A second issue raised is whether this registration requirement abridges the right to vote of 18 to 20 year old Mississippi citizens in contravention of the Twenty-sixth Amendment.3

In their original complaint filed on July 8, 1971, plaintiffs began this suit as a class action only on behalf of Mississippi residents between 18 and 20 years of age who had failed to register by July 2, 1971, and alleged that they were allowed only two days after the adoption of the Twenty-sixth Amendment in which to register so as to qualify to vote in the 1971 statewide primary and general elections. Defendants named in the action were the State Board of Election Commissioners, consisting, by statute, of the governor, secretary of [1015]*1015state and attorney general, and the circuit clerk who is also the county registrar, and election commissioners of Washington County. The county officials were joined as class defendants representing county election officials in all of the state’s counties.

By statute, the date of the 1971 first primary of a political party to nominate candidates for state and county offices (exclusive of judges) fell on August 3, with second primary on August 24,4 and general election to follow on November 2.5

Plaintiffs requested the convening of a three-judge district court pursuant to 28 U.S.C. §§ 2281 and 2284 to enjoin, because of federal unconstitutionality, the enforcement of the state’s constitutional and statutory requirements for four months registration in advance of the next general election. Plaintiffs on July 9 applied to a single judge of this court for a restraining order to extend the times for registering to vote in the August primary until July 20 and for the general election until October 20. This relief was refused.

On July 21 plaintiffs amended their complaint.by broadening the plaintiffs’ class to include all Mississippi residents otherwise qualified to vote in the 1971 state primary and general elections but for the fact that they failed to register before the July 2 deadline.

On August 5 a duly constituted three-judge court convened and conducted an evidentiary hearing. It received a stipulation of facts, oral and documentary evidence and heard arguments submitted by both sides.

The essential facts are undisputed. The named plaintiffs are qualified voters except for the fact that they failed to register on or before July 2. The circuit clerk of each county who serves as county registrar of elections initially determines if a person offering to register is qualified to do so and registers anyone so qualified. The state’s aforementioned constitutional and statutory provisions concerning registration, as interpreted by the Mississippi Supreme Court6 and the state’s attorney general and applied in practice throughout the state, provide that while a person may register at any time, he cannot vote in the state’s general election unless he has registered at least four months prior thereto; that such registration is effective if he meets age and residency re[1016]*1016quirements as of the date of election although not at time of registration; and that he may vote in the intervening primary elections to nominate candidates for the general election only if he has registered four months or longer before the general election.

The November 1971 general elections in Mississippi are for all major state and county elective offices, including governor, lieutenant governor, attorney general, secretary of state, superintendent of public education, all members of the state legislature and all major county elective offices, including boards of supervisors, sheriffs, clerks of the circuit and chancery courts, county and district attorneys, justices of the peace and constables. Since these elections are for four-year terms, no further elections for such offices shall occur in the next four years, except for special elections called to fill vacancies.

According to the 1970 official census, 1,373,145 persons 18 years of age or more reside in the state, including 130,180 in the 18 through 20 age bracket. 1,084,-340 persons, or 79% of the state’s potential voters, are currently registered as qualified voters, and this number includes 70,300 persons in the 18 to 20 year group who timely registered to participate in this year’s state primary and general elections. Thus, an estimated 288,805 persons, including 59,880 who are 18 to 20 years old, failed to register by the July 2 deadline, which renders them ineligible to vote in the August primary and November elections. There is no data before the court to show how many of these persons failing to register would meet the state’s other requirements for voter eligibility.

In Mississippi, the presently effective qualifications for voting in state and local elections, apart from registration, are: (1) United States’citizenship; (2) being 18 years of age or more (by force of the 26th Amendment); (3) residency in the state and county for one year and six months in the election precinct; and (4) not having been convicted of enumerated major crimes.7 Of course, the state’s literacy test provided by Art. 12, § 244 of its constitution has been suspended by the Voting Rights Act of 1965, and extended in 1970, 42 U.S.C. § 1973b.8 Plaintiffs make no attack upon any of the state’s qualifications for franchise other than the four-months registration requirement.

Mississippi has a system of permanent registration of voters9 which is uniformly administered throughout the entire state. Registration books are maintained in the office of the circuit clerk of each county, in his capacity as voter registrar. This official is required to keep the registration books open at all times for registration by persons entitled to be registered, §§ 3211, 3212. Anyone denied an opportunity to regis[1017]*1017ter on the books may appeal from the registrar’s decision of refusal to the county election commissioners, § 3224, and also obtain judicial review of an adverse determination by the commissioners, § 3227. Poll books for each election district are prepared from the registration records by the election commissioners who may be assisted by the registrar. These poll books show,only the names of persons registering to vote four months or more prior to the next regular election, § 3232. At certain fixed times during the year,10 the election commissioners, who render only part-time service, meet at the registrar’s office to revise the registration and poll books by erasing therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors from any cause, and also by adding the names of all persons determined to have been illegally denied registration by the registrar.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J.D. v. Alex Azar, II
925 F.3d 1291 (D.C. Circuit, 2019)
Henson v. East Lincoln Township
108 F.R.D. 107 (C.D. Illinois, 1985)
Ortiz Angleró v. Barreto Pérez
110 P.R. Dec. 84 (Supreme Court of Puerto Rico, 1980)
Lieberman v. Howard Johnson's Inc.
68 Pa. D. & C.2d 129 (Philadelphia County Court of Common Pleas, 1973)
Ferguson v. Williams
343 F. Supp. 654 (N.D. Mississippi, 1972)
Woodsum v. Boyd
341 F. Supp. 448 (M.D. Florida, 1972)
Dunn v. Blumstein
405 U.S. 330 (Supreme Court, 1972)
Fontham v. McKeithen
336 F. Supp. 153 (E.D. Louisiana, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
330 F. Supp. 1012, 1971 U.S. Dist. LEXIS 11850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-williams-msnd-1971.