Laws governing the initiative process in Mississippi
From Ballotpedia
Contents |
Citizens of Mississippi can pass constitutional amendments through the initiative process, but are not able to propose new state statutes by initiative. Mississippi is one of just two states--the other being Massachusetts--where initiated constitutional amendments are available, but not initiated legislation.
Beginning the process
The first step is to file a typewritten copy of the proposed initiative with the Mississippi Secretary of State. This must be accompanied by an affidavit proving the sponsor to be a registered voter in the state of Mississippi. Then the Secretary of State will submit a copy of the initiative to the "Revisor of the Statutes," an attorney within the Attorney General's office. Within ten working days of this exchange, the revisor will make all advisory recommendations regarding the language of the initiative. The Revisor of the Statutes will also issue a Certificate of Review to the sponsor providing proof that the initiative has been reviewed. The sponsor has the authority to accept or reject any of the recommendations from the Revisor of the Statutes.
Within 15 working days of the time that the sponsor receives notice that the Secretary of State has submitted the initiative to the Revisor of the Statutes, the sponsor must submit both the initiative measure (including changes, if any) and the Certificate of Review to the Secretary of State. The initiative will then be given a serial number and forwarded to the Attorney General.
Within seven calendar days of receiving the initiative, the Attorney General will draft the ballot title (not exceeding 20 words) and the ballot summary (not exceeding 75 words). The Attorney General will then file both the title and summary with the Secretary of State, who will then notify the sponsor by certified mail of the exact language in the ballot title and summary.
Within ten days of the title and summary being filed, the Secretary of State will publish the title and summary in a newspaper or newspapers of general circulation throughout Mississippi. If the sponsor or another person is dissatisfied with the ballot title or summary, they have five days from the date of publication in the newspaper to file an appeal in the Circuit Court of the First Judicial District of Hinds County, whose decision shall be final.
Once the ballot title and ballot summary have been finalized, the sponsor may begin collecting signatures.
Regulations and details
Deadlines
Initiative language can be submitted at any time. The maximum amount of time allowed for collection of signatures is one year.
All signatures requiring certification are to be turned in at least 90 days prior to the convening of the legislature to which it will be submitted. A petition filed after the 90th day cannot be submitted to the next legislative session.
Residency
Petition circulators are required to be residents of the state. (See residency requirements for petition circulators.)
Distribution and numbers
Mississippi has a distribution requirement: 20% from each of the five congressional districts. Thus, at least 19,668 signatures must be gathered from each of the five congressional districts. If less than 19,688 certified signatures are submitted from ANY of the five congressional districts, the entire petition will be invalid.
According to Mississippi law, for an initiative petition to be sufficient a minimum of 91,673 certified signatures must be gathered; with at least 19,688 certified signatures from each of the five congressional districts. The number of signatures required represents 12% of the total number of votes cast for Governor in the last gubernatorial general election.[1]
Single-subject restriction
Mississippi does not have a single-subject rule.
Legislative tampering
- Main article: Legislative tampering
Constitutional amendments by initiative become part of the constitution and are thus only alterable by the legislature through regular constitutional procedures, any changes of which must be approved by popular vote.
Restrictions on petition circulators
In Mississippi, it is "unlawful for any person that pays or compensates another person for circulating a petition or for obtaining signatures on a petition to base the pay or compensation on the number of petitions circulated or the number of signatures obtained."[2]
See also:
Restrictions on petition blockers
Mississippi has no restrictions on petition blockers or petition blocking campaigns.
2007 Legislation
SB 2441
Subject: Recall
This bill would establish that any elected official will be provided a hearing held by the removal council to determine if there is a just cause for the removal of the elected official after the petition signatures are gathered. The signatures on the petition would be validated by the Secretary of State. It also provides that a special election will be held to fill the position.[3]
Status: Failed
SB 2441
Subject: Recall
Provide procedure for removal of state, state-district and municipal elected officials.
Status:Failed
SC 510
Subject: Signature Requirements
Would conform initiative and referendum signature requirements to new congressional districts.
Status: Failed
External links
- Official Mississippi ballot initiatives website
- Mississippi Constitutional and Statutory Provisions Provided by the Initiative & Referendum Institute
- I & R Institute - Mississippi
References
- ↑ Mississippi initiative information
- ↑ Mississippi Code of 1972
- ↑ National Conference of Legislatures
