Bill Text: MS SB2770 | 2024 | Regular Session | Introduced
Bill Title: Ballot initiative process; revise statutory implementation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-18 - Died On Calendar [SB2770 Detail]
Download: Mississippi-2024-SB2770-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Parker
Senate Bill 2770
AN ACT TO AMEND SECTIONS 23-17-1, 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, 23-17-39, 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 LEGISLATIVE BUDGET OFFICE 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, 23-17-33 AND 23-17-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR A LEGISLATIVE ALTERNATIVE TO AN INITIATIVE MEASURE; TO BRING FORWARD SECTIONS 23-17-3 AND 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 initiative 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. The funding source or mechanism to pay the
cost of the provisions of the initiative shall not be the Capital Expense Fund
or the Working Cash Stabilization Fund i.e. Rainy Day Fund.
(4) The Director of the Legislative Budget Office shall provide a separate fiscal analysis of the initiative measure, including the amount, source of revenue and reallocation of funding required by the initiative measure.
(5) If the text of the initiative measure does not include all the requirements of subsection (3) of this section, the Secretary of State shall inform the sponsor of the measure. The sponsor shall have ten (10) working days from when notice was given to cure the defect.
( * * *6) 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 brought forward 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) months.
SECTION 3. The following shall be codified as Section 23-17-4, Mississippi Code of 1972:
23-17-4. The Secretary of State shall submit a copy of the proposed initiative measure to the Director of the Legislative Budget Office and give notice to the person filing the proposed measure of such transmittal. Upon receipt of the measure, the Director of the Legislative Budget Office 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 measure and provide any other pertinent information regarding the cost to taxpayers. If the initiative measure requires a reduction in any source of government revenue, or a reallocation of funding from currently funded programs, the Director of the Legislative Budget Office shall determine whether any proposed reductions or eliminations are reasonably accurate. The analysis provided by the Director of the Legislative Budget Office shall be: (a) provided to the Secretary of State, (b) the analysis shall be posted on the Legislature's website for the public to review, and (c) the analysis shall be provided to the person filing the proposed initiative measure at the same time it is made available online.
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 Office, the Secretary of State shall submit a copy of
the proposed initiative measure, with the fiscal analysis, to the
Attorney General and give notice to the person filing the proposed initiative
measure of such transmittal. Upon receipt of the initiative measure,
the Attorney General may confer with the person filing the proposed measure and
shall, within ten (10) working days from receipt * * *, 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 initiative measure, and shall
recommend such revision or alteration of the initiative 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 initiative measure may accept or reject
them in whole or in part. 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."
The Attorney General shall issue a Certificate of Review certifying that he or
she has reviewed the initiative measure for form and style and that
the recommendations thereon, if any, have been communicated to the person filing
the proposed initiative measure, and such certificate shall issue
whether or not the person filing the proposed initiative 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. (1) Within
seven (7) calendar days after the receipt of an initiative measure, the
Attorney General shall formulate and transmit to the * * * State Board of Election Commissioners
a concise statement posed as a question and not to exceed twenty (20) words,
bearing the serial number of the initiative 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 initiative
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 State Board of
Election Commissioners shall convene within thirty (30) calendar days from receipt
of the ballot title and summary from the Attorney General. The board shall review
the submitted ballot title and summary and provide recommendations for the Attorney
General. The board's recommendations shall be advisory only. The Attorney General
shall also transmit the submitted ballot title and summary to the Secretary of State.
(2) The ballot title formulated by the Attorney General shall be the ballot title of the measure unless changed on appeal. 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.
(3) 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 Legislative Budget Office.
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) working 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. (1) 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."
(2) 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.
(3) Each petition under this section must provide at the top of the page check boxes and statements printed in twelve-point type to clearly indicate whether the circulator of the petition is a paid circulator or a volunteer circulator.
SECTION 10. The following shall be codified as Section 23-17-20, Mississippi Code of 1972:
23-17-20. (1) Before gathering signatures, each petition circulator must register with the Secretary of State. A petition circulator must:
(a) Be eighteen (18) years or older;
(b) Be a legal resident of the State of Mississippi; and
(c) 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.
(2) (a) A circulator who is not to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.
(b) A circulator who is to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.
(3) A petition circulator may not receive any fee, salary or other compensation based on the number of signatures he or she obtains.
(4) 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. 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. 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 amended by a majority vote of each house of the
Legislature. If the initiative is adopted * * * 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. * * *
An initiative * * * must receive * * * not less
than * * * sixty percent (60%) of the total votes cast at the
election at which the measure was submitted to be approved. If conflicting
initiatives * * * are approved at the same election, the initiative * * * receiving the
highest number of affirmative votes shall prevail.
SECTION 13. Section 23-17-35, Mississippi Code of 1972, is amended as follows:
23-17-35. * * * Each initiative 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 14. 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 15. 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 * * *
the Legislature 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 16. Section 23-17-43, Mississippi Code of 1972, is amended as follows:
23-17-43. (1) When any new law or amendment or repeal of existing law submitted to the qualified electors by initiative measure as provided in Section 33, Mississippi Constitution of 1890, is approved by not less than sixty percent (60%) of the qualified electors voting thereon, the Secretary of State shall insert the proposed law, amendment or repeal into the statutes by proclamation of his or her office certifying that the proposed law, amendment or repeal received the required number of votes as provided in Section 33. The Secretary of State shall also designate the article number and section number or numbers for the proposed law, amendment or repeal if the article number and section number or numbers are not provided in the initiative measure.
(2) If any new law
or amendment * * * or repeal of existing
law submitted to the qualified electors by initiative measure as provided in Section
33, 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) years after the date of the election on such amendment.
SECTION 17. 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 * * * Legislative Budget * * * Office 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 congressional district on each measure to be placed on the ballot and shall give public notice thereof at least thirty (30) days before a hearing.
SECTION 18. 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 19. Sections 23-17-31, 23-17-33 and 23-17-37, Mississippi Code of 1972, which provide for a legislative alternative to an initiative measure, are hereby repealed.
SECTION 20. This act shall take effect and be in force from and after January 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.
