Bill Text: MS SB2521 | 2024 | Regular Session | Introduced

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Bill Title: Ballot initiative measure process; revise the statutory provisions of.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2024-03-05 - Died In Committee [SB2521 Detail]

Download: Mississippi-2024-SB2521-Introduced.html

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MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Accountability, Efficiency, Transparency; Constitution

By: Senator(s) McCaughn, Boyd

Senate Bill 2521

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 * * * an amendment to the Mississippi Constitution proposed by a petition * * * of qualified electors under Section 273, Mississippi Constitution of 1890 for legislation.

     (2)  If any qualified elector of the state desires to initiate a proposed * * * amendment to the Constitution of this state initiative measure as authorized by * * * subsections (3) through (13) of Section * * * 273 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 * * * an initiative 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.

     ( * * *45)  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 * * * twelve (12) 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 * * * any proposed initiative measure 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 * * * amendment to the Mississippi Constitution of 1890 initiative measure is proposed * * * to the qualified electors of the state 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 * * * amendment contained in the 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. * * *  (1)  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.

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

     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 * * * adopt the proposed measure 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), 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; congressional district; 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 * * * 273(3) 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. * * *  A constitutional initiative may be adopted or amended by a majority vote of each house of the Legislature.  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 * * * or rejected 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. * * *  If the Legislature amends an initiative, the amended version and the original initiative shall be submitted to the electors.  An initiative or legislative alternative must receive a majority of the votes thereon and not less than forty percent (40%) of the total votes cast at the election at which the measure was submitted to be approved.  If conflicting initiatives or legislative alternatives are approved at the same election, the initiative or legislative alternative receiving the highest number of affirmative votes shall prevail.

     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. * * *  Except in the case of alternative voting on a measure initiated by petition,  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. * * *  If an initiative measure proposed to the Legislature has been rejected by the Legislature and an alternative measure is passed by the Legislature in lieu thereof, the serial numbers and ballot titles of both such measures shall be printed on the official ballots so that a voter can express separately two (2) preferences:  First, by voting for the approval of either measure or against both measures, and, secondly, by voting for one measure or the other measure.  If the majority of those voting on the first issue is against both measures, then both measures fail, but in that case the votes on the second issue nevertheless shall be carefully counted and made public.  If a majority voting on the first issue is for the approval of either measure, then the measure receiving a majority of the votes on the second issue and also receiving not less than forty percent (40%) of the total votes cast at the election at which the measure was submitted for approval shall be law.  Any person who votes against both measures on the first issue may vote but shall not be required to vote for any of the measures on the second issue in order for the ballot to be valid.  Substantially the following form shall be a compliance with this section:

INITIATED BY PETITION AND ALTERNATIVE

BY LEGISLATURE

Initiative Measure No. ____, entitled (here insert the ballot title of the initiative measure).

Alternative Measure No. ____ A, entitled (here insert the ballot title of the alternative measure).

VOTE FOR APPROVAL OF EITHER, OR AGAINST BOTH:

FOR APPROVAL OF EITHER Initiative No. ____

OR Alternative No. ____ A ( )

AGAINST BOTH Initiative No. ____

AND Alternative No. ____ A ( )

AND VOTE FOR ONE:

FOR Initiative Measure No. ____ ( )

FOR Alternative Measure No. ____ A ( )  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 or amended 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 * * * five (5) two (2) initiative proposals shall be submitted to the voters on a single ballot, and the first * * * five (5) 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 * * * by initiative of the people or legislative alternative receives the required number of votes as provided in Section 273 * * *(8), 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 * * *(8), 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 * * * in the initiative of the people or legislative alternative.

     SECTION 18.  Section 23-17-43, Mississippi Code of 1972, is amended as follows:

     23-17-43.  If any amendment to the Constitution * * * proposed by initiative petition 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 * * * two (2) 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 * * * and legislative alternatives, including the ballot title and ballot summary, arguments or explanations for and against each measure * * * and alternative 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 * * * and alternative 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 * * * congressional district 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.__," 2024 Regular Session.

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