Laws governing local ballot measures in Mississippi
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Some Mississippi local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Mississippi. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 82 counties, 298 cities, towns, and villages, and 437 special districts.[1]
School Districts
Mississippi is one of nine states along with the District of Columbia that does not require elections involving school bonds and taxes. All capital improvements for public schools are funded by the Mississippi Public School Building Fund through loans, which have an upper limit dependent upon daily attendance. The Mississippi Legislature makes all appropriations to the fund when the state budget is deliberated on. All bond issues are approved by the Mississippi Bond Commission. Mississippi is limited on issuing bonds to $100 million dollars at one time. It is up to the commission to issue bonds within the $100 million dollar limit. All bonds are capped at seven percent interest with a twenty year maturity.
Initiative process availability
Initiative is available for amendments to code and private charters under Mississippi Code Section 21-17-11 and 13. A private charter may vary from the statute requirements.
State law does not grant initiative for ordinances, and municipalities do not appear to have authority to adopt initiative for ordinances on their own.[2][3]
The 20 cities with private charters are:
Port Gibson, Rosedale, Okolona, Water Valley, Fulton, Carthage, Aberdeen, Louisville, Waveland, Indianola, West Point, Yazoo City, McComb, Corinth, Grenada, Natchez, Horn Lake, Columbus, Vicksburg, and Greenville.
The remaining cities operate under a code charter.[2][3]
Authority
| Ballot Law Portal |
| Laws Governing Ballot Measures |
Constitution
There is no mention of the powers of initiative and referendum for local government units in the Mississippi Constitution.
Statutes
"§ 21-17-11. Amendment of municipal charter at behest of electorate: It shall be lawful for any number, not less than twenty percent (20%) of the qualified electors of any municipality, by petition, to propose an amendment or amendments to the charter of such municipality not in conflict with the Constitution and laws of the United States, or the Constitution of this state. The said amendment or amendments shall be published for three (3) weeks prior to a special election in a newspaper published in the municipality, if there be one, and if not, by posting for said time in at least three (3) public places therein. The publication of the amendment or amendments may be made as provided in Section 21-17-19. If such election results in favor of any such amendment or amendments, then the amendment or amendments shall be submitted to the Governor, as is provided in Section 21-17-9, and the procedure therein outlined shall be followed, except that it shall not be necessary to republish such amendment or amendments, or resubmit such amendment or amendments for approval of the qualified electors."
"§ 21-17-13. Applicability of particular sections: The provisions of Sections 21-17-9 and 21-17-11, shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflict between the provisions of such sections and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall control."[4]
Initiative process features
| A guide to local ballot initiatives | |
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A petition and election for the amendment of a private municipal charter in Mississippi requires:
- Signatures equal to 20% of qualified electors.
- Publication of the proposed amendment for three weeks prior to the special election.
| Local I&R Laws in the 50 States |
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| Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Initiative process in the top 10 most populated cities
No additional individual city provisions for initiative or referendum were found in the top 10 most populous cities beyond the amendment process given by state law.
External links
- Mississippi Municipal League
- Mississippi Initiative, Referendum and Charter Cities Research Document
- Mississippi Cities and Types of Government Document
- Mississippi State Statutes
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ 2.0 2.1 Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ 3.0 3.1 Ballotpedia, "Mississippi Initiative, Referendum and Charter Cities Research Document," August 28, 2012
- ↑ Mississippi State Statutes
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