Bill Text: MS SC531 | 2023 | Regular Session | Introduced
Bill Title: Constitution; amend Section 273 to provide initiative procedure for new law or constitutional amendment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SC531 Detail]
Download: Mississippi-2023-SC531-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) McDaniel
Senate Concurrent Resolution 531
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 273, MISSISSIPPI CONSTITUTION OF 1890, TO REINSTATE THE INITIATIVE PROCEDURE DECLARED INVALID BY THE MISSISSIPPI SUPREME COURT, TO PROVIDE THAT THE INITIATIVE PROCESS MAY BE USED TO AMEND THE MISSISSIPPI STATUTES OR TO AMEND THE MISSISSIPPI CONSTITUTION, TO BASE THE NUMBER OF SIGNATURES REQUIRED TO AMEND A STATUTE ON THE LAST GUBERNATORIAL ELECTION AND TO BASE THE NUMBER OF SIGNATURES REQUIRED FOR AN INITIATIVE PETITION TO AMEND THE CONSTITUTION ON THE LATEST PRESIDENTIAL ELECTION, TO CONFORM THE PRO RATA SIGNATURE REQUIREMENTS FROM EACH CONGRESSIONAL DISTRICT FOR AN INITIATIVE PETITION TO THE NUMBER OF CURRENT CONGRESSIONAL DISTRICTS, TO SPECIFY THAT PETITION SIGNATURE REQUIREMENTS SHALL INCLUDE HOME ADDRESS, AND TO PROVIDE THAT ONLY ONE PROPOSAL OF LAW AND MATTERS PROPERLY CONNECTED THEREWITH SHALL BE CONTAINED IN AN INITIATIVE PETITION TO ENABLE THE ELECTORS TO VOTE ON THAT PROPOSAL SEPARATELY.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 273, Mississippi Constitution of 1890, to read as follows:
Section 273. (1) Amendments to this Constitution may be proposed by the Legislature or by initiative of the people.
(2) Whenever two-thirds (2/3) of each house of the Legislature, which two-thirds (2/3) shall consist of not less than a majority of the members elected to each house, shall deem any change, alteration or amendment necessary to this Constitution, such proposed amendment, change or alteration shall be read and passed by two-thirds (2/3) vote of each house, as herein provided; public notice shall then be given by the Secretary of State at least thirty (30) days preceding an election, at which the qualified electors shall vote directly for or against such change, alteration or amendment, and if more than one (1) amendment shall be submitted at one (1) time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately; and, notwithstanding the division of the Constitution into sections, the Legislature may provide in its resolution for one or more amendments pertaining and relating to the same subject or subject matter, and may provide for one or more amendments to an article of the Constitution pertaining and relating to the same subject or subject matter, which may be included in and voted on as one (1) amendment; and if it shall appear that a majority of the qualified electors voting directly for or against the same shall have voted for the proposed change, alteration or amendment, then it shall be inserted as a part of the Constitution by proclamation of the Secretary of State certifying that it received the majority vote required by the Constitution; and the resolution may fix the date and direct the calling of elections for the purposes hereof.
(3) The people reserve unto
themselves the power to propose and enact statutory or constitutional
amendments by initiative. An initiative to amend the Mississippi statutes may
be proposed by a petition signed over a twelve-month period by qualified electors
equal in number to at least twelve percent (12%) of the votes for all candidates
for Governor in the last gubernatorial election. An initiative to amend
the Constitution may be proposed by a petition signed over a twelve-month
period by qualified electors equal in number to at least * * * fifteen percent (15%)
of the votes for all candidates for * * * President of the United States
in the last * * * presidential election. The qualified electors
signing the initiative petition shall include their full printed name, signature,
home address and county of residence. The signatures of the qualified electors
from any congressional district shall not exceed * * * the total number of
signatures required to qualify an initiative petition for placement upon the
ballot divided by the number of congressional districts in existence on the
day the petition is filed. If an initiative petition contains signatures
from a single congressional district which exceed * * * the total number of
required signatures, the excess number of signatures from that congressional
district shall not be considered by the Secretary of State in determining
whether the petition qualifies for placement on the ballot.
(4) Every such petition shall include the full text of the measure so proposed, and the petition shall be filed with the Secretary of State not less than four (4) months before the election at which they are to be voted upon. The Secretary of State, with the advice and consent of the Attorney General, shall determine whether or not the petition is properly written as a statutory amendment or a constitutional amendment and shall certify the initiative.
( * * *5) The sponsor of an initiative shall
identify in the text of the initiative the amount and source of revenue
required to implement the initiative. If the initiative requires a reduction
in any source of government revenue, or a reallocation of funding from currently
funded programs, the sponsor shall identify in the text of the initiative the
program or programs whose funding must be reduced or eliminated to implement
the initiative. Compliance with this requirement shall not be a violation of
the subject matter requirements of this section of the Constitution.
( * * *6) Only one (1) proposal of law and
matters properly connected therewith shall be contained in an initiative
petition to enable the electors to vote on that proposal separately.
( * * *7) The initiative process shall not be
used:
(a) For the proposal, modification or repeal of any portion of the Bill of Rights of this Constitution;
(b) To amend or repeal any law or any provision of the Constitution relating to the Mississippi Public Employees' Retirement System;
(c) To amend or repeal the constitutional guarantee that the right of any person to work shall not be denied or abridged on account of membership or nonmembership in any labor union or organization; or
(d) To modify the initiative process for proposing amendments to this Constitution.
( * * *8) The Secretary of State shall file
with the Clerk of the House and the Secretary of the Senate the complete text
of the certified initiative on the first day of the regular session. A
constitutional initiative may be adopted by a majority vote of each house of
the Legislature. If the initiative is adopted, amended or rejected by the
Legislature; or if no action is taken within four (4) months of the date that
the initiative is filed with the Legislature, the Secretary of State shall
place the initiative on the ballot for the next statewide general election.
The Chief Legislative Budget Officer shall prepare a fiscal analysis of each initiative and each legislative alternative. A summary of each fiscal analysis shall appear on the ballot.
( * * *9) If the Legislature amends an
initiative, the amended version and the original initiative shall be submitted
to the electors. An initiative or legislative alternative must receive a majority
of the votes thereon and not less than forty percent (40%) of the total votes
cast at the election at which the measure was submitted to be approved. If
conflicting initiatives or legislative alternatives are approved at the same
election, the initiative or legislative alternative receiving the highest
number of affirmative votes shall prevail.
( * * *10) If an initiative measure proposed
to the Legislature has been rejected by the Legislature and an alternative
measure is passed by the Legislature in lieu thereof, the ballot titles of both
such measures shall be so printed on the official ballots that a voter can express
separately two (2) preferences: first, by voting for the approval of either
measure or against both measures, and, secondly, by voting for one (1)
measure or the other measure. If the majority of those voting on the first
issue is against both measures, then both measures fail, but in that case the
votes on the second issue nevertheless shall be carefully counted and made
public. If a majority voting on the first issue is for the approval of either
measure, then the measure receiving a majority of the votes on the second issue
and also receiving not less than forty percent (40%) of the total votes cast at
the election at which the measure was submitted for approval shall be law. Any
person who votes for the ratification of either measure on the first issue must
vote for one (l) of the measures on the second issue in order for the ballot to
be valid. Any person who votes against both measures on the first issue may
vote but shall not be required to vote for any of the measures on the second
issue in order for the ballot to be valid. Substantially the following form
shall be * * *
in compliance with this subsection:
INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE
Initiative Measure No. __________, entitled (here insert the ballot title of the initiative measure).
Alternative Measure No. __________ A, entitled (here insert the ballot title of the alternative measure).
VOTE FOR APPROVAL OF EITHER, OR AGAINST BOTH:
FOR APPROVAL OF EITHER Initiative No. ____
OR Alternative No. ____ A ............................. ( )
AGAINST Both Initiative No. ____
AND Alternative No. ____ A ............................ ( )
AND VOTE FOR ONE
FOR Initiative Measure No. ____ ....................... ( )
FOR Alternative Measure No. ____ A..................... ( )
( * * *11) No more than five (5) initiative
proposals shall be submitted to the voters on a single ballot, and the first
five (5) initiative proposals submitted to the Secretary of State with
sufficient petitions shall be the proposals which are submitted to the voters.
The sufficiency of petitions shall be decided in the first instance by the
Secretary of State, subject to review by the Supreme Court of the state, which
shall have original and exclusive jurisdiction over all such cases.
( * * *12) An initiative approved by the
electors shall take effect thirty (30) days from the date of the official declaration
of the vote by the Secretary of State, unless the measure provides otherwise.
( * * *13) If any amendment to the Mississippi
statutes or the Mississippi Constitution proposed by initiative petition is
rejected by a majority of the qualified electors voting thereon, no initiative
petition proposing the same, or substantially the same, amendment shall be
submitted to the electors for at least two (2) years after the date of the
election on such amendment.
( * * *14) The Legislature shall provide by
law the manner in which initiative petitions shall be circulated, presented and
certified. To prevent signature fraud and to maintain the integrity of the
initiative process the state has a compelling interest in insuring that no
person shall circulate an initiative petition or obtain signatures on an
initiative petition unless the person is a resident of this state at the time
of circulation. For the purposes of this subsection the term "resident"
means a person who is domiciled in Mississippi as evidenced by an intent to maintain
a principal dwelling place in Mississippi indefinitely and to return to
Mississippi if temporarily absent, coupled with an act or acts consistent with
that intent. Every person who circulates an initiative petition shall print
and sign his name on each page of an initiative petition, or * * * on a separate page attached to each
page, certifying that he was a resident of this state at the time of
circulating the petition. The Secretary of State shall refuse to accept for
filing any page of an initiative petition upon which the signatures appearing
thereon were obtained by a person who was not a resident of this state at the
time of circulating the petition, and an initiative measure shall not be placed
on the ballot if the Secretary of State determines that without such signatures
the petition clearly bears an insufficient number of signatures. The
provisions of this subsection ( * * *14) shall be applicable to all initiative
measures that have not been placed on the ballot at the time this proposed amendment
is ratified by the electorate.
( * * *15) The Legislature may enact laws to
carry out the provisions of this section but shall in no way restrict or impair
the provisions of this section or the powers herein reserved to the people.
BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2023, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed amendment reinstates the citizen initiative procedure declared invalid by the Mississippi Supreme Court, provides an initiative process to amend the Mississippi statutes requiring 12% of the votes cast in the latest gubernatorial election, provides an initiative process to amend the Mississippi Constitution requiring 15% of the votes cast in the latest presidential election, conforms the pro rata signature requirements of congressional districts for initiative petitions to the current number of congressional districts, prescribes signature requirements to include home address and county of residence, and provides that an initiative proposal shall only address one subject."
