In the lead-up to the election, controversy emerged over these constitutional provisions establishing a state system of electoral votes, with a federal lawsuit claiming the provisions are racially biased. These provisions were put in place with the 1890 Mississippi Constitution, itself established by the segregationist Redeemers and overturning the Reconstruction-era 1868 Constitution, as part of Jim Crow Era policy to minimize the power of African Americans in politics. Because of this, as well as present gerrymandering that packs African Americans into a small number of districts, the plaintiffs claim the provisions should be struck down on the basis of racial bias.