MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Human Services
By: Representatives Banks, Bell (65th), Summers
AN ACT TO REPEAL SECTIONS 41-41-45 AND 97-3-3, MISSISSIPPI CODE OF 1972, WHICH PROHIBIT THE PERFORMING OR INDUCING OF AN ABORTION EXCEPT WHERE NECESSARY FOR THE PRESERVATION OF THE MOTHER'S LIFE OR WHERE THE PREGNANCY WAS CAUSED BY RAPE; TO PROVIDE FOR A STATEWIDE SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023, FOR THE PURPOSE OF DETERMINING WHETHER ABORTIONS SHALL BE PROHIBITED IN MISSISSIPPI; TO PROVIDE THAT IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING ON THE QUESTION IN THE SPECIAL ELECTION VOTE FOR PROHIBITING ABORTIONS IN MISSISSIPPI, THEN THIS ACT SHALL NOT TAKE EFFECT; TO PROVIDE THAT IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING ON THE QUESTION IN THE ELECTION VOTE AGAINST PROHIBITING ABORTIONS IN MISSISSIPPI, THEN THIS ACT SHALL TAKE EFFECT ON JANUARY 1, 2024; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 41-41-45 and 97-3-3, Mississippi Code of 1972, which prohibit the performing or inducing of an abortion except where necessary for the preservation of the mother's life or where the pregnancy was caused by rape, are repealed.
SECTION 2. There shall be a statewide special election for the purpose of determining whether Section 1 of this act will take effect. The special election shall be held on Tuesday, November 7, 2023, and shall be conducted in the same manner as regular general elections are held. The question put before the voters at the statewide special election shall read on the ballots as follows:
"PLEASE VOTE 'YES' OR 'NO'
Abortions shall be prohibited in Mississippi except where necessary for the preservation of the mother's life or where the pregnancy was caused by rape.
'YES': ________ 'NO': ________"
The qualified electors may indicate their preference on the line following the answer that they prefer.
If a majority of the qualified electors voting on the question in the special election vote "Yes," then Section 1 of this act shall not take effect. If a majority of the qualified electors voting on the question in the election vote "No," then Section 1 shall take effect from and after January 1, 2024.
SECTION 3. Section 1 of this act shall take effect and be in force from and after January 1, 2024, and Section 2 of this act shall take effect and be in force from the after the passage of this act.