MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) McCaughn, Boyd, Suber
AN ACT TO AMEND SECTIONS 23-17-1, 23-17-3, 23-17-5, 23-17-8, 23-17-9, 23-17-11, 23-17-17, 23-17-19, 23-17-21, 23-17-29, 23-17-35, 23-17-37, 23-17-39, 23-17-42, 23-17-43 AND 23-17-45, MISSISSIPPI CODE OF 1972, TO REVISE THE INITIATIVE MEASURE PROCESS TO PROVIDE THAT AMENDMENTS TO THE MISSISSIPPI CONSTITUTION MAY ONLY BE PROPOSED BY THE LEGISLATURE, BUT THAT THE PEOPLE SHALL HAVE THE RIGHT TO PROPOSE NEW LAWS AND TO AMEND OR REPEAL EXISTING LAWS BY INITIATIVE, AND TO APPROVE OR REJECT THE SAME IN AN ELECTION INDEPENDENT OF THE LEGISLATURE; TO CREATE NEW SECTION 23-17-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL SUBMIT ANY PROPOSED INITIATIVE MEASURE THAT IT RECEIVES TO THE CHIEF LEGISLATIVE BUDGET OFFICER FOR THE PREPARATION OF A FISCAL ANALYSIS; TO CREATE NEW SECTION 23-17-20, MISSISSIPPI CODE OF 1972, TO PROVIDE THE DUTIES OF A PETITION CIRCULATOR; TO REPEAL SECTIONS 23-17-31 AND 23-17-33, MISSISSIPPI CODE OF 1972, which provide for a legislative alternative to an initiative measure; TO BRING FORWARD SECTION 23-17-60, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-17-1, Mississippi Code of 1972, is amended as follows:
23-17-1. (1) For purposes of this chapter, the following term shall have the meaning ascribed herein:
"Initiative measure"
means * * * a petition * * * for legislation.
(2) If any qualified
elector of the state desires to initiate a proposed * * * initiative
measure as authorized by * * * Section * * * 33 of the Mississippi Constitution
of 1890, he or she shall first file with the Secretary of State a
typewritten copy of the proposed initiative measure, which shall only
contain a single subject, accompanied by an affidavit that the sponsor is a
qualified elector of this state.
(3) The sponsor of * * * the measure 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.
(4) The amount, source of revenue and reallocation of funding required by the initiative measure shall be verified by the chief legislative budget officer. No initiative measure shall propose, amend or repeal any local or special law or dedicate any revenues or make or repeal any appropriations.
( * * *5) The person proposing the measure
shall also include all the information required under Section 273, Mississippi
Constitution of 1890.
SECTION 2. Section 23-17-3, Mississippi Code of 1972, is amended as follows:
23-17-3. The petition for a
proposed initiative measure must be filed with the Secretary of State not less
than ninety (90) days before the first day of the regular session of the
Legislature at which it is to be submitted. A petition is valid for a period
of * * *
nine (9) months. An initiative measure that has already been
submitted to voters shall not be filed with the Secretary of State in identical
or substantially similar form within five (5) years after the date of the
election on such measure.
SECTION 3. The following shall be codified as Section 23-17-4, Mississippi Code of 1972:
23-17-4. Upon receipt of any proposed initiative measure, the Secretary of State shall submit a copy of the proposed measure to the chief legislative budget officer and give notice to the person filing the proposed measure of such transmittal. Upon receipt of the measure, the chief legislative budget officer shall, within ten (10) working days from receipt of the measure, prepare a fiscal analysis of the proposed initiative measure. The analysis shall review and evaluate the accuracy of the amount and source of revenue potentially required to implement the initiative and provide any other pertinent information regarding the cost to taxpayers. If the initiative requires a reduction in any source of government revenue, or a reallocation of funding from currently funded programs, the chief legislative budget officer shall determine whether any proposed reductions or eliminations are reasonably accurate. The analysis provided by the chief legislative budget officer shall be provided to the Secretary of State and posted on the Legislature's website for the public to review at the same time it is provided to the person filing the proposed measure.
SECTION 4. Section 23-17-5, Mississippi Code of 1972, is amended as follows:
23-17-5. Upon receipt of * * * the fiscal
analysis from the state budget officer, the Secretary of State shall submit
a copy of the proposed measure, with the fiscal analysis, to the Attorney
General and give notice to the person filing the proposed measure of such
transmittal. Upon receipt of the measure, the Attorney General may confer with
the person filing the proposed measure and shall, within ten (10)
working days from receipt * * * thereof of the measure, review the proposal for
matters of form and style, and such matters of substantive import as may be
agreeable to the person filing the proposed measure, and shall recommend such revision
or alteration of the measure as may be deemed necessary and appropriate,
including enforcing the requirement that the initiative only contain a single
subject. Except for the single subject rule, the recommendations of
the Attorney General shall be advisory only, and the person filing the proposed
measure may accept or reject them in whole or in part. The Attorney General
shall issue a certificate of review certifying that he has reviewed the measure
for form and style and that the recommendations thereon, if any, have been
communicated to the person filing the proposed measure, and such certificate
shall issue whether or not the person filing the proposed measure accepts such
recommendations. Within fifteen (15) working days after notification of submittal
of the proposed initiative measure to the Attorney General, the person filing
the proposed measure, if he desires to proceed with his sponsorship, shall file
the measure together with the certificate of review with the Secretary of State
for assignment of a serial number and the Secretary of State shall thereupon
submit to the Attorney General a certified copy of the measure filed. Upon
submitting the proposal to the Secretary of State for assignment of a serial
number the Secretary of State shall refuse to make such assignment unless the
proposal is accompanied by a certificate of review.
SECTION 5. Section 23-17-8, Mississippi Code of 1972, is amended as follows:
23-17-8. When an * * *
initiative measure is proposed * * * under
the voter initiative procedure set forth in Section 23-17-1 et seq., the
Secretary of State, with the approval of the Attorney General, may make a
nonsubstantive clerical or technical correction in the section number reference
or designation of the proposed amendment contained in an initiative measure, as
may be appropriate or necessary in order to prevent the use of an existing
section number or the possibility of the initiative being declared invalid only
because of an error in the section number designation. Such a correction may
be made at any time after the Attorney General's certificate of review with
regard to the initiative measure has been issued, and before the ballot for the
initiative measure is printed. The provisions of this section do not authorize
the Secretary of State to make any change other than a nonsubstantive
correction in the section number reference or designation of the proposed * * * initiative measure.
SECTION 6. Section 23-17-9, Mississippi Code of 1972, is amended as follows:
23-17-9. Within seven (7) calendar days after the receipt of an initiative measure, the Attorney General shall formulate and transmit to the Secretary of State a concise statement posed as a question and not to exceed twenty (20) words, bearing the serial number of the measure and a summary of the measure, not to exceed seventy-five (75) words, to follow the statement. The statement shall give a true and impartial statement of the purpose of the measure. Neither the statement nor the summary may intentionally be an argument, nor likely to create prejudice, either for or against the measure. Such concise statement shall constitute the ballot title. The ballot title formulated by the Attorney General shall be the ballot title of the measure unless changed on appeal. If any recommendations of the Attorney General have not been accepted by the person filing the proposed measure, the ballot summary may be accompanied by a statement that reads: "The form and style of this proposal is not approved by the Attorney General of Mississippi." When 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. The ballot summary shall be followed by a fiscal analysis, not to exceed fifty (50) words, indicating the amount, source of revenue and reallocation of funding potentially required by the initiative measure, as provided by the chief budget officer.
SECTION 7. Section 23-17-11, Mississippi Code of 1972, is amended as follows:
23-17-11. Upon the filing of the ballot title and summary for an initiative measure in his or her office, the Secretary of State shall forthwith notify by certified mail return receipt requested, the person proposing the measure and any other individuals who have made written request for such notification of the exact language of the ballot title. The Secretary of State shall publish the title and summary for an initiative measure within ten (10) days after filing such title and summary in a newspaper or newspapers of general circulation throughout the State of Mississippi. The title and summary shall also be posted on the Secretary of State's website and other appropriate electronic forums that are easily accessible by the public.
SECTION 8. Section 23-17-17, Mississippi Code of 1972, is amended as follows:
23-17-17. * * * The person proposing an initiative
measure shall print blank petitions upon single sheets of paper of good writing
quality not less than eight and one-half (8-1/2) inches in width and not less
than fourteen (14) inches in length. Each sheet shall have a full, true and
correct copy of the proposed measure referred to therein printed on the reverse
side of the petition or attached thereto.
* * *
SECTION 9. Section 23-17-19, Mississippi Code of 1972, is amended as follows:
23-17-19. The Secretary of State shall design the form each sheet of which shall contain the following:
"WARNING
EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS RELATING TO THE SAME INITIATIVE MEASURE, SIGNS THIS PETITION WHEN HE OR SHE IS NOT A QUALIFIED ELECTOR OR MAKES ANY FALSE STATEMENT ON THIS PETITION MAY BE PUNISHED BY FINE, IMPRISONMENT, OR BOTH.
PETITION FOR INITIATIVE MEASURE
To the Honorable ___________________, Secretary of State of the State of Mississippi:
We, the undersigned citizens
and qualified electors of the State of Mississippi, respectfully direct that
this petition and the proposed measure known as Initiative Measure No. ____,
entitled (here insert the established ballot title of the measure), a full,
true and correct copy of which is printed or attached on the reverse side of this
petition, be transmitted to the Legislature of the State of Mississippi at its
next ensuing regular session, and we respectfully petition the Legislature to * * * place this
measure on its legislative calendar; and each of us for himself or herself
says: I have personally signed this petition, I am a qualified elector of the
State of Mississippi in the city (or town) * * * and county * * * written after my
name, my residence address is correctly stated and I have knowingly signed this
petition only once."
Each sheet shall also
provide adequate space for the following information: Petitioner's signature;
print name for positive identification; residence address, street and number,
if any; city or town; county; precinct; and * * * driver's license
number.
SECTION 10. The following shall be codified as Section 23-17-20, Mississippi Code of 1972:
23-17-20. Before gathering signatures, each petition circulator must register with and complete a training course with the Secretary of State that outlines the duties of a petition circulator. A petition circulator must:
(a) Be a qualified elector of the State of Mississippi;
(b) Not have been convicted of any crime of fraud or any felony offense;
(c) Be a certified notary public of the State of Mississippi; and
(d) Sign an affidavit in front of a public notary attesting, under penalty of perjury, to meeting the qualifications of a petition circulator outlined in this section and that he or she witnessed all signatures in front of a third-party witness and has no reasonable cause to believe any submitted signature is fraudulent.
A person who willfully submits a fraudulent petition signature shall be guilty of a misdemeanor and, upon conviction, shall be subject to thirty (30) days in jail or a fine of Five Hundred Dollars ($500.00) for each offense.
SECTION 11. Section 23-17-21, Mississippi Code of 1972, is amended as follows:
23-17-21. 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. The
circuit clerk shall certify the signatures of qualified electors of that county
and shall state the total number of qualified electors signing the petition in that
county. The circuit clerk shall verify the name of each qualified elector
signing on each petition by comparing the signature against signatures found
in readily available databases or other sources. A circuit clerk may not
receive any fee, salary or compensation from any private person or private
legal entity, whether or not the entity is operated for profit, for the
clerk's duties in certifying an initiative petition. A petition circulator
may not receive any fee, salary or other compensation based on the number of
signatures he or she obtains. When the person proposing any initiative
measure has secured upon the petition a number of signatures of qualified
electors equal to or exceeding the minimum number required by Section * * * 33 of the Mississippi
Constitution of 1890 for the proposed measure, and 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. The Secretary of State shall
collect a fee of Five Hundred Dollars ($500.00) from the person filing the
petition to pay part of the administrative and publication costs.
SECTION 12. Section 23-17-29, Mississippi Code of 1972, is amended as follows:
23-17-29. The Secretary of
State shall file with the Clerk of the House and the Secretary of the Senate on
the first day of the regular legislative session the complete text of each
initiative for which a petition has been certified and filed with him or her. * * * The proposed
certified initiative may be adopted or adopted as amended by a two-thirds (2/3)
vote of each house of the Legislature. If the initiative is adopted * * * or adopted as amended * * * 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. * * *
SECTION 13. Sections 23-17-31 and 23-17-33, Mississippi Code of 1972, which provide for a legislative alternative to an initiative measure, are repealed.
SECTION 14. Section 23-17-35, Mississippi Code of 1972, is amended as follows:
23-17-35. * * * Each measure submitted to the people for
approval or rejection shall be so printed on the ballot, under the proper
heading, that a voter can, by making one (1) choice, express his or her approval
or rejection of such measure. Substantially the following form shall be a
compliance with this section:
INITIATIVE MEASURE NO. ______
(Here insert the ballot title of the measure.)
YES . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( )
NO . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( )
SECTION 15. Section 23-17-37, Mississippi Code of 1972, is amended as follows:
23-17-37. * * *
The Secretary of State shall
file with the Clerk of the House and the Secretary of the Senate on the first
day of the next regular legislative session the complete text of each initiative
adopted by two-thirds (2/3) of qualified electors at the last statewide general
election. The text, as formatted in the proper manner either as an act or a
resolution, shall be placed on the legislative calendar of each house of the
Legislature no later than two (2) days after being filed with the Clerk of the
House and the Secretary of the Senate. An initiative measure adopted by a two-thirds
(2/3) vote of each house of the Legislature shall become law. An initiative
measure that is a proposed constitutional amendment adopted by a two-thirds
(2/3) vote of each house of the Legislature as outlined in Section 33 of the
Mississippi Constitution of 1890 shall be submitted to the people for final
approval or rejection at the next statewide general election following the form
required by Section 23-17-35.
SECTION 16. Section 23-17-39, Mississippi Code of 1972, is amended as follows:
23-17-39. No more than * * * two (2) initiative proposals
shall be submitted to the voters on a single ballot, and the first * * * two (2) initiative proposals
submitted to the Secretary of State with sufficient petitions shall be the
proposals which are submitted to the voters.
SECTION 17. Section 23-17-42, Mississippi Code of 1972, is amended as follows:
23-17-42. When a proposed
change, alteration or amendment proposed to the Constitution * * *
receives the required number of votes as provided in Section 273 * * *, Mississippi Constitution of 1890, the
Secretary of State shall insert the proposed change, alteration or amendment
into the Constitution by proclamation of his or her office certifying that the
proposed change, alteration or amendment to the Constitution received the
required number of votes as provided in Section 273 * * *, Mississippi Constitution of 1890. The
Secretary of State shall also designate the article number and section number
or numbers for the proposed change, alteration or amendment in the Constitution
if the article number and section number or numbers are not provided * * *.
SECTION 18. Section 23-17-43, Mississippi Code of 1972, is amended as follows:
23-17-43. If any amendment
to the Constitution * * * adopted as provided in Section 273,
Mississippi Constitution of 1890, 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 * * *
five (5) years after the date of the election on such amendment.
SECTION 19. Section 23-17-45, Mississippi Code of 1972, is amended as follows:
23-17-45. (1) A pamphlet
containing a copy of all initiative measures * * *, including the
ballot title and ballot summary, arguments or explanations for and against each
measure * * * and the fiscal analysis prepared by the chief
legislative budget officer shall be compiled by the Secretary of State. The
sponsor may prepare the argument or explanation on the measure. If the sponsor
does not prepare the argument or explanation, then the Secretary of State shall
do so. Each argument or explanation shall not exceed three hundred (300)
words. The Secretary of State shall publish the ballot title, ballot summary,
full text of each measure and arguments or explanations for and against each
measure * * * once a week for three (3) consecutive weeks immediately
preceding the election in at least one (1) newspaper of general circulation in
each county of the state. The costs of such printing and publication shall be
borne by the Secretary of State from funds appropriated by the Legislature.
(2) The Secretary of State
shall conduct at least one (1) public hearing in each * * * of the five (5) most
populous counties in the state according to the latest federal decennial census
on each measure to be placed on the ballot and shall give public notice thereof
at least thirty (30) days before a hearing.
SECTION 20. Section 23-17-60, Mississippi Code of 1972, is brought forward as follows:
23-17-60. Any person who alleges that his or her signature on an initiative petition was obtained as the result of fraud or coercion, or that the person was intentionally misled as to the substance or effect of the petition, may have his or her signature removed from the initiative petition upon filing an affidavit to such effect with the Secretary of State anytime before the Secretary of State has accepted and filed the petition under Section 23-17-23.
SECTION 21. This act shall take effect and be in force from and after July 1 in the year following the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in Senate Concurrent Resolution No. __, 2023 Regular Session.