House Bill 1501

AN ACT TO AMEND SECTION 23-17-17, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A PETITION FOR AN INITIATIVE MEASURE BE PRINTED ON A SHEET OF PAPER NOT LESS THAN EIGHT AND ONE-HALF INCHES IN WIDTH AND NOT LESS THAN FOURTEEN INCHES IN LENGTH; TO AMEND SECTION 23-17-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO PROVIDE THE FORM FOR THE PETITION FOR AN INITIATIVE MEASURE ON THE SECRETARY OF STATE'S WEBSITE; TO AMEND SECTION 23-17-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CIRCUIT CLERKS OF THE VARIOUS COUNTIES TO SUBMIT THE PETITION, ALONG WITH THE SIGNATURES THAT HAVE BEEN CERTIFIED, TO THE SECRETARY OF STATE FOR FILING WHEN THE PERSON PROPOSING AN INITIATIVE MEASURE HAS SECURED UPON THE PETITION THE NUMBER OF SIGNATURES OF QUALIFIED ELECTORS EQUAL TO OR EXCEEDING THE MINIMUM NUMBER OF SIGNATURES REQUIRED; TO BRING FORWARD SECTION 23-17-23, MISSISSIPPI CODE OF 1972, FOR PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 23-17-17, Mississippi Code of 1972, is amended as follows:

23-17-17. (1) The person proposing an initiative measure shall print blank petitions upon single sheets of paper of good writing quality * * *. 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.

(2) Only a person who is a qualified elector of this state may circulate a petition or obtain signatures on a petition.

SECTION 2. 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 adopt the proposed measure; 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), county and congressional district 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 congressional district.

The Secretary of State shall provide the form for the petition for an initiative measure on the Secretary of State's website.

SECTION 3. 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. A circuit clerk may not receive any fee, salary or compensation from any private person or private legal entity for the clerk's duties in certifying an initiative petition. 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 273(3) 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~~ the circuit clerks of the various counties shall submit the petition, along with the signatures that have been certified, 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 4. Section 23-17-23, Mississippi Code of 1972, is brought forward as follows:

23-17-23. The Secretary of State shall refuse to file any initiative petition being submitted upon any of the following grounds:

(a) That the petition is not in the form required by Section 23-17-19;

(b) That the petition clearly bears insufficient signatures;

(c) That one or more signatures appearing on the petition were obtained in violation of Section 23-17-17(2), Section 23-17-57(2) or Section 23-17-57(3);

(d) That the time within which the petition may be filed has expired; or

(e) That the petition is not accompanied by the filing fee provided for in Section 23-17-21.

In case of such refusal, the Secretary of State shall endorse on the petition the word "submitted" and the date, and retain the petition pending appeal.

If none of the grounds for refusal exists, the Secretary of State shall accept and file the petition.

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.