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Mississippi Amendment 8, Establish Initiated Constitutional Amendments Measure (1992)

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Mississippi Amendment 8

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Election date

November 3, 1992

Topic
Ballot measure process and Initiative and referendum process
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Mississippi Amendment 8 was on the ballot as a legislatively referred constitutional amendment in Mississippi on November 3, 1992. It was approved.

A "yes" vote supported amending the state constitution to adopt a process for citizens to propose indirect initiated constitutional amendments and prohibiting their use to modify or repeal the Mississippi Bill of Rights, the right to work, the initiative process, or the Mississippi Public Employees' Retirement System.

A "no" vote opposed amending the state constitution to adopt a process for citizens to propose indirect initiated constitutional amendments.


Election results

Mississippi Amendment 8

Result Votes Percentage

Approved Yes

592,536 70.22%
No 251,276 29.78%
Results are officially certified.
Source


Aftermath

On May 14, 2021, the Mississippi Supreme Court overturned Initiative 65, a 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]

Amendment 8 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.

Click here for more information on the lawsuit and the ruling.

Text of measure

Ballot title

The ballot title for Amendment 8 was as follows:

This proposed constitutional amendment authorizes and prescribes the procedure by which the people may propose and adopt amendments to the Constitution. The initiative process cannot be used to modify or repeal the Mississippi Bill of Rights, the right to work, the initiative process or the Mississippi Public Employees' Retirement System.

Full Text

The full text of this measure is available here.


Media editorials

Support

The following media editorial boards published an editorial supporting the ballot measure:

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • The Vicksburg Post Editorial Board: "The issue is clear: People should have the power to 'initiate referendums,' but when people demanded this power, the Legislature responded with a watered-down farce. In our view, it’s better to leave the Constitution, as is, with the requirement that all changes in the state’s basic law originate with the Legislature than to say OK to this mess. Proposed Amendment 8 is 'people power' in disguise. Better to forget it, and to demand that lawmakers in 1993 devise an initiative and referendum proposal which can, in reality, lead to the people having a greater voice in affairs of state. Vote 'no' on Amendment 8."


Path to the ballot

A two-thirds (66.67%) vote is required of all members of the legislature during one legislative session for the Mississippi State Legislature to place a constitutional amendment on the ballot.

See also

Footnotes