Laws governing the initiative process in Mississippi
On May 14, 2021, the Mississippi Supreme Court overturned Initiative 65, the 2020 medical marijuana initiative. The ruling stated that the initiative petition did not comply with the signature distribution requirements in the Mississippi Constitution and that it is impossible for any petition to meet the requirements and has been impossible since congressional reapportionment in 2001.
The six justices wrote, "... Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."[1]
The 1992 constitutional amendment that granted the power of citizen initiative in Mississippi required signatures to be collected evenly from all five congressional districts that existed at the time. It mandated no more than one-fifth of the required signatures could be collected from any single congressional district. During 2001 redistricting after the 2000 census, however, the number of congressional districts in the state was reduced to four.
Sponsors of some initiatives targeting the 2022 ballot in Mississippi filed a lawsuit challenging the Supreme Court's ruling.[2]
Click here for more information on the lawsuit and the ruling.
Laws and procedures
Citizens of Mississippi may indirectly initiate constitutional amendments. Mississippi residents may not directly initiate state statutes or repeal legislation via veto referendum. Once a measure has collected enough signatures, the Mississippi State Legislature may choose to adopt the measure by a majority vote in each house. If the legislature rejects the measure, the proposed amendment proceeds to the ballot; the measure also goes to the ballot if the legislature approves the measure. Alternatively, the legislature may choose to approve an amended version of the measure. In this case, both measures will appear on the ballot together (See: Competing initiatives below for details). The Mississippi State Legislature may also place measures on the ballot as legislatively referred constitutional amendments with a 2/3 vote in each chamber.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
Mississippi does not have a single-subject rule for ballot initiatives.
See law: Mississippi Constitution, Article XV, Section 273 and Mississippi Code, Title 23, Chapter 17
Subject restrictions
- See also: Subject restrictions (ballot measures)
Petitioners in Mississippi may not propose legislation on certain subjects. Initiated laws may not:
- Propose, modify, or repeal of any part of the State Bill of Rights
- Amend or repeal any law or any provision of Mississippi Constitution relating to the Public Employees' Retirement System
- Amend or repeal the Mississippi Constitution's right-to-work provisions
- Modify the initiative process itself
In addition, each measure must specify a funding source sufficient to cover any expenditures mandated by the amendment. In addition, amendments that require a reduction in revenue or a reallocation of funds must specify which programs will have their budgets cut.
See law: Mississippi Constitution, Article XV, Section 273 (4-5)
Competing initiatives
If two conflicting measures are approved at a single election, the measure receiving more affirmative votes supersedes the other.
Alternatives to citizen-initiated constitutional amendments:
Once a signature petition for an initiated constitutional amendment has been delivered to the Mississippi State Legislature, lawmakers may choose to pass an amended version of the measure. In this case, both versions appear on the ballot. However, they are bracketed together and presented to voters in two unique questions. First, voters are asked to vote on whether they prefer either of the measures or neither measure. Second, voters are asked to vote on whether they prefer the original measure or the legislative amendment. Voters who chose "either of the measures" in the first question are required to vote on the second for their vote to count. Voters who vote for neither measure can, but need not, vote on the second question.
If the majority of voters on the questions prefer "either measure" to "neither measure," then the votes on the second question are considered. In this case, the version of the measure that receives a majority of the second vote will prevail. However, the number of affirmative votes in favor of the majority-approved version, original or legislative, must still be equal to 40 percent of all voters who cast a ballot in the election. This is the state's ordinary supermajority requirement for initiated measures.
The purpose of this process is to allow "no" voters to express a preference on competing measures. This helps ensure that the version that passes is also preferred over the other by the majority of voters, including those who would prefer that neither measure be enacted.
Ballotpedia counts both versions as one ballot measure with regard to the total count of statewide measures. This is because in the case of a citizen initiative and a legislative alternative in Mississippi, it is impossible for voters to vote in favor of both measures.
See law: Mississippi Constitution, Article XV, Section 273 (7-8) and Mississippi Code, Title 23, Chapter 17, Section 29
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[3][4][5]
Applying to petition
- See also: Approved for circulation
Prior to collecting signatures, the initiative sponsor must file with the secretary of state a draft of the amendment text and an affidavit establishing that sponsor is a registered Mississippi voter.
- An example of a successful original filing can be found here.
See law: Mississippi Code, Title 23, Chapter 17, Sections 2 and 5
Proposal review/approval
- See also: Approved for circulation
Once the secretary of state has received the original filing, he or she transmits the petition to the attorney general for review. The attorney general then confers with the sponsor and suggests substantive and stylistic revisions. The sponsor is free to accept or reject these suggestions. The secretary of state, with approval of the attorney general, is allowed to directly make "nonsubstantive clerical or technical corrections in the section number reference or designation of the proposed constitutional amendment initiative." Once the review has been completed, the attorney general gives the sponsor a "Certificate of Review" certifying that the review has taken place.
See law: Mississippi Code, Title 23, Chapter 17, Section 5 and House Bill No. 1457 (2011)
Petition summary
- See also: Starting a petition
Once the attorney general has reviewed the measure, the sponsor must submit the amendment (revised at the sponsor's discretion) and the "Certificate of Review" to the secretary of state. The secretary then assigns the measure a serial number and transmits it back to the attorney general to receive a title and summary. Petitioners may begin collecting signatures once the title and summary have been finalized. Only the title appears on the petition form. Petition forms must follow the form designated by secretary of state and prescribed by state statutes.
See law: Mississippi Code, Title 23, Chapter 17, Section 5 and 9
Fiscal review
- See also: Fiscal impact statement
In Mississippi, only ballot measures with a legislative alternative receive a fiscal review. The chief legislative budget officer creates a fiscal impact statement for each measure and its legislative alternative. These statements are included on the ballot and voters pamphlet for purposes of comparison.
See law: Mississippi Constitution, Article XV, Section 273 and Mississippi Code, Title 23, Chapter 17
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Mississippi signature requirements
According to Mississippi law, the number of signatures collected to qualify an indirect initiated constitutional amendment must be equal to at least 12 percent of the total number of votes cast for governor in the last gubernatorial general election immediately preceding the signature deadline—not necessarily the gubernatorial election immediately preceding the targeted election date.
The signature requirements for an initiative must be determined before the signatures are submitted and verified by county officials and the secretary of state. Since signature petitions must be certified according to the state's requirements by early October of the year preceding the targeted legislative session and election year, the signature requirements determined by any given gubernatorial election first take effect for initiatives targeting the election three years later.[6]
For example, the number of valid signatures required to qualify an initiative for the 2010 ballot was 89,285—based on turnout at the 2007 gubernatorial election. The number of valid signatures required to qualify an initiative for the 2016 ballot was 107,216—based on turnout at the 2011 gubernatorial election since signatures would have been due in October of 2015, prior to the 2015 gubernatorial election.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded.
| Election Year | Initiated constitutional amendment |
|---|---|
| 2024 | 106,190 |
| 2023 | 106,190 |
| 2022 | 106,190 |
| 2021 | No election |
| 2020 | 86,185 |
| 2019 | 86,185 |
| 2018 | 86,185 |
| 2017 | No election |
| 2016 | 107,216 |
| 2015 | 107,216 |
| 2014 | 107,216 |
| 2013 | No election |
| 2012 | 89,285 |
| 2011 | 89,285 |
| 2010 | 89,285 |
| 2009 | No election |
| 2008 | 107,338 |
| 2007 | 107,338 |
| 2006 | 107,338 |
| 2005 | No election |
See law: Mississippi Constitution, Article XV, Section 273 (3)
Distribution requirements
- See also: Distribution requirements
On May 14, 2021, the Mississippi Supreme Court overturned Initiative 65, the 2020 medical marijuana initiative. The ruling stated that the initiative petition did not comply with the signature distribution requirements in the Mississippi Constitution and that it is impossible for any petition to meet the requirements and has been impossible since congressional reapportionment in 2001.
The six justices wrote, "... Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."[7]
The 1992 constitutional amendment that granted the power of citizen initiative in Mississippi required signatures to be collected evenly from all five congressional districts that existed at the time. It mandated no more than one-fifth of the required signatures could be collected from any single congressional district. During 2001 redistricting after the 2000 census, however, the number of congressional districts in the state was reduced to four.
Sponsors of some initiatives targeting the 2022 ballot in Mississippi filed a lawsuit challenging the Supreme Court's ruling.[8]
Click here for more information on the lawsuit and the ruling.
Mississippi has a distribution requirement. According to the Mississippi Constitution, "The signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot." However, since 2001 redistricting, Mississippi only has four US House Districts. Based on a 2009 attorney general's opinion, the secretary of state has been using the five congressional districts that existed before 2001 to apply the distribution requirement.
See law: Mississippi Constitution, Article XV, Section 273 (3) and Mississippi Attorney General, "Opinion No. 2009-00001"
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Mississippi, there are no requirements for circulators. There is no mandatory circulator affidavit, nor does the person circulating the petition have to sign any documents in front of a notary public. The circulator is not required to swear and sign, under penalty of law, a statement that he/she personally witnessed every act of signing the petition. There is no state statute that states a circulator cannot sign the petition he/she is circulating. According to a state statute, there is a procedure for submitting signatures: "Before a person may file a petition with the secretary of state, the petition must be certified by the circuit clerk of each county in which the petition was circulated. When... such signatures have been certified by the circuit clerks of the various counties, he may submit the petition to the secretary of state for filing."
See law: Mississippi Code, Title 23, Chapter 17, Section 17 , Mississippi Code, Title 23, Chapter 17, Section 57 and Mississippi Code, Title 23, Chapter 17, Section 21
Pay-per-signature
- See also: Pay-per-signature
Mississippi allows paying signature gatherers based on the number of signatures collected.
Mississippi used to have a law banning paying signature gatherers on a per-signature basis, but this law was struck down in 1997 in Term Limits Leadership Council v. Clark.[9]
See law: Mississippi Code, Title 23, Chapter 17, Section 57
Out-of-state circulators
Mississippi does not require that petition circulators reside in the state. It used to have such a ban, but this rule was struck down in 1997 by a federal court in Term Limits Leadership Council v. Clark.[10]
See law: Mississippi Constitution, Article XV, Section 273 (12) and Mississippi Code, Title 23, Chapter 17, Section 17
Badge requirements
- See also: Badge requirements
Mississippi does not employ a badge requirement. In some states, badge requirements mandate that circulators be identified as either paid or volunteer. Notices to this effect are sometimes required on the petition form and/or a badge worn by circulators. The latter is also known as a "Scarlet Letter Law."
See law: Mississippi Constitution, Article XV, Section 273 and Mississippi Code, Title 23, Chapter 17
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Mississippi, like many states with official guidelines for petition sheets, requires petition forms to be printed on paper.
See law: Mississippi Constitution, Article XV, Section 273 and Mississippi Code, Title 23, Chapter 17, Section 17
Deadlines for collection
Beginning with the day the sponsor receives the ballot title and summary, proponents have one year to circulate petitions and receive certification from the county circuit clerks. Petitions must be submitted to the secretary of state at least 90 days prior to the beginning of the regular session—which begins in the first week of January. Signature petition sheets must be submitted to and certified by county officials prior to submission to the secretary of state. Petitioners are recommended to coordinate with county elections officials to determine when signatures must be submitted to county officials in order to meet the early October (of the preceding year) deadline for submission to the secretary of state.
See law: Mississippi Code, Title 23, Chapter 17, Sections 3 and 21
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
Petition sponsors must submit signatures to their respective county circuit clerk. There are no mandatory deadlines for this review and sponsors are recommended to coordinate with local clerks to ensure timely certification. Once the circuit clerks have certified the signatures, proponents must file the entire petition with the secretary of state. Sponsors must also pay a $500 fee upon filing.[11]
See law: Mississippi Code, Title 23, Chapter 17, Section 21
Consideration by the legislature
- See also: Indirect initiative
After signatures have been certified, the secretary of state must submit the initiative to the state legislature. The legislature can adopt the measure, amend the measure, reject the measure or do nothing. Whether the measure is adopted, rejected, or ignored by the legislature, the secretary of state will place the initiative on the next statewide election. The legislature has four months to act on the initiative. If the legislature amends the measure, both the amended version and the original version will be put on the ballot. The amended version proposed by the legislature will be marked as an "alternative" and will have the same measure number with the addition of the letter "A" following the number.
See law: Mississippi Code, Title 23, Chapter 17, Section 21-31
Ballot title and summary
- See also: Ballot title
The ballot title and summary are prepared by the attorney general prior to signature collection. The ballot title is a question that is less than 20 words in length concisely capturing the purpose of the measure. The ballot summary is a statement of not more than 75 words providing a more in-depth summary of the proposed amendment.
For the sake of clarity, Mississippi law requires that, "[w]hen practicable, the question posed by the ballot title shall be written in such a way that an affirmative answer to such question and an affirmative vote on the measure would result in a change in then current law, and a negative answer to the question and a negative vote on the measure would result in no change to then current law."
See law: Mississippi Code, Title 23, Chapter 17, Section 9
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
In addition to requiring approval from a majority of the votes cast for or against the measure, Mississippi ballot measures must also receive affirmative votes equal to 40 percent of the total votes cast at the election. For example, if 100,000 residents cast ballots and 70,000 vote on a ballot question, at least 40,000 of those 70,000 must vote "yes" in order for the question to pass, even though 35,000 would constitute an ordinary simple majority. This condition applies to initiated amendments but does not apply to legislatively referred constitutional amendments, which can pass with simple majority approval of votes cast on the measure.
See law: Mississippi Constitution, Article XV, Section 273 (7)
Effective date
Unless the measure specifies otherwise, approved ballot measures take effect 30 days after the secretary of state has declared the official election results.
See law: Mississippi Constitution, Article XV, Section 273 (10) and Mississippi Code, Title 23, Chapter 17, Section 41
Litigation
- See also: Ballot measure lawsuit news
If any person is dissatisfied with the attorney general's ballot title or summary, he or she may challenge the decision in the State Circuit Court of the First Judicial District of Hinds County. The challenge must be made within five days of the publishing of the title and summary.
If the secretary of state refuses to file a petition submitted for filing, the person who submitted the petition may ask the state supreme court to order the secretary of state to file it. The challenge must be made within 10 days of the secretary of state's refusal.
See law: Mississippi Constitution, Article XV, Section 273 (9) and Mississippi Code, Title 23, Chapter 17, Sections 13 and 25
Legislative alteration
- See also: Legislative alteration
Since only initiated constitutional amendments are permitted in Mississippi, lawmakers must follow the ordinary amendment process to overturn or amend successful ballot measures. In order to place an amendment on the ballot, lawmakers in each chamber must pass a resolution by a two-thirds (66.67%) vote. The state's requirement that an initiated constitutional amendment requires approval from at least 40 percent of all votes cast in the election does not apply to legislatively referred constitutional amendments.
See law: Mississippi Constitution, Article XV, Section 273 (2) and Mississippi Code, Title 23, Chapter 17
Re-attempting an initiative
In Mississippi, initiatives cannot be re-attempted for at least two years from the election date.
See law: Mississippi Code, Title 23, Chapter 17, Section 43
Funding an initiative campaign
Some of the notable features of Mississippi's campaign finance laws include:
- Mississippi treats groups registered in support of or opposition to a ballot measure the same as other political committees.
- In the last ten days before the election, Mississippi requires reporting of campaign contributions of $200 or more within 48 hours.
- Mississippi allows corporations and labor unions to donate to campaigns in support of or opposition to a referendum.
State initiative law
Article XV, Section 273, of the Mississippi Constitution addresses initiative, referendum, and recall.
Title 23, Chapter 17, of the Mississippi Code governs initiative, referendum, and recall.
Footnotes
- ↑ Mississippi Supreme Court, "IN RE INITIATIVE MEASURE NO. 65: MAYOR MARY HAWKINS BUTLER v MICHAEL WATSON, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF MISSISSIPPI," accessed May 14, 2021
- ↑ WMC Action News, "Challenge filed to Mississippi Supreme Court’s ruling on Initiative 65," accessed June 3, 2021
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Mississippi Secretary of State, "Mississippi's Initiative Process," accessed December 1, 2021
- ↑ Mississippi Supreme Court, "IN RE INITIATIVE MEASURE NO. 65: MAYOR MARY HAWKINS BUTLER v MICHAEL WATSON, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF MISSISSIPPI," accessed May 14, 2021
- ↑ WMC Action News, "Challenge filed to Mississippi Supreme Court’s ruling on Initiative 65," accessed June 3, 2021
- ↑ Citizens in Charge, "Pay-Per-Signature Bans," accessed September 6, 2011
- ↑ Citizens in Charge, "Residency Requirements," accessed September 6, 2011
- ↑ Mississippi Secretary of State, "Constitutional Initiative in Mississippi: A Citizen’s Guide," Revised January 4, 2009
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State of Mississippi Jackson (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | 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 |
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Mississippi. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
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2021
In Re: Initiative Measure 65: Butler v. WatsonOn May 14, 2021, the Mississippi Supreme Court overturned Initiative 65, a citizen-initiated ballot measure to legalize medical marijuana. The court's ruling stated that the initiative petition failed to meet the state's signature distribution requirement as codified in the Mississippi Constitution, which held that signatures must be collected from five congressional districts. However, following redistricting in 2001, Mississippi had four congressional districts. According to Justice Josiah Coleman, who wrote the court's opinion, this means "that it is impossible for any petition to meet the requirements and has been impossible since congressional reapportionment in 2001." He added, "Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."[1] |
2020
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2019
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2018
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2017
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2016
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2015
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2014
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2013
The following bills were introduced in the Mississippi State Legislature:
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2012
2011
The following bills were introduced in the Mississippi State Legislature:
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2010
The following bills were introduced in the Mississippi Legislature:
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State of Mississippi Jackson (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | 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 |
