Bill Amendment: MS SC533 | 2023 | Regular Session
Bill Title: Constitution; amend to revise ballot initiative process.
Status: 2023-03-23 - Died On Calendar [SC533 Detail]
Download: Mississippi-2023-SC533-House_Substitute_No_1_for_Amendment_No_1.html
Lost
SUBSTITUTE NO 1 FOR AMENDMENT NO 1 PROPOSED TO
Senate Concurrent Resolution No. 533
BY: Representative Johnson
Amend by striking all after the resolving clause and inserting in lieu thereof the following:
That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:
I.
Amend Section 33, Mississippi Constitution of 1890, to read as follows:
Section 33. (1) The legislative power of this state shall be vested in a Legislature which shall consist of a Senate and a House of Representatives, but the people reserve to themselves the right to exercise the legislative power of the state 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, in the manner prescribed in and subject to the provisions of this section.
(2) The initiative process shall not be used:
(a) To propose any new amendments to or the modification or repeal of any existing provision of this constitution;
(b) To purpose any new law or amend or repeal any existing law relating to the Mississippi Public Employees' Retirement System; or
(c) To propose any new law or amend or repeal any existing law on any subject or matter that any section of this constitution prohibits the Legislature from enacting.
(3) An initiative may be proposed by a petition signed over a twelve-month period by qualified electors equal in number to at least twelve percent (12%) of the votes for all candidates for Governor in the last gubernatorial election. The signatures of the qualified electors from any congressional district shall not exceed the total number of signatures required to qualify an initiative for placement on the ballot divided by the number of congressional districts in existence on the day that the petition is filed. If an initiative petition contains signatures from a single congressional district that exceed the total number of required signatures, the excess signatures from that congressional district shall not be considered by the Secretary of State in determining whether the initiative qualifies for placement on the ballot. The sufficiency of petitions shall be decided in the first instance by the Secretary of State, subject to review by the Supreme Court of the state, which shall have original and exclusive jurisdiction over all such cases.
(4) The sponsor of an initiative 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.
(5) The chief legislative budget officer shall prepare a fiscal analysis of each initiative and each legislative alternative, and a summary of each fiscal analysis shall appear on the ballot.
(6) The Secretary of State shall file with the Clerk of the House and the Secretary of the Senate the complete text of the certified initiative on the first day of the regular session. An initiative may be adopted or adopted as amended by a majority 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, as adopted or adopted as amended as the case may be, on the ballot for the next statewide general election.
(7) 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 initiative 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.
(8) If an initiative proposed to the Legislature has been rejected by the Legislature and an alternative is passed by the Legislature in lieu thereof, the ballot titles of both such measures shall be so printed on the official ballots 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 (1) 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 initiative was submitted for approval shall be law. Any person who votes for the ratification of either measure on the first issue must vote for one (1) of the measures on the second issue in order for the ballot to be valid. 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 in compliance with this subsection:
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 ......................... ( )
(9) No more than five (5) initiative proposals shall be submitted to the votes on a single ballot, and the first five (5) initiative proposals submitted to the Secretary of State with sufficient petitions shall be the proposals which are submitted to the voters.
(10) An initiative approved by the electors shall take effect thirty (30) days from the official declaration of the vote by the Secretary of State, unless the measure provides otherwise.
(11) If an initiative does not receive the required number of votes to be approved by the people as provided in subsection (8) of this section, an initiative that proposes the same, or substantially the same, provisions as those in the initiative that failed shall not be submitted to the electors for at least two (2) years after the date of the election on the initiative that failed.
(12) An initiative approved by the people shall not be amended by the Legislature to make a substantive change to the text in the initiative, or repealed by the Legislature, for a period of two (2) years after the initiative takes effect. However, the Legislature may amend or repeal an initiative less than two (2) years after the initiative takes effect if the Legislature determines the existence of an emergency affecting the public peace, health, safety or financial solvency of the state that necessitates the amendment or repeal of the initiative, which emergency must be stated in the legislation, and such amendment or repeal shall require a vote of two-thirds (2/3) of each house present and voting.
(13) The Legislature shall provide by law the manner in which initiative petitions shall be circulated, presented and certified. To prevent signature fraud and to maintain the integrity of the initiative process the state has a compelling interest in ensuring that no person shall circulate an initiative petition or obtain signatures on an initiative petition unless the person is a resident of this state at the time of circulation. For the purposes of this subsection, the term "resident" means a person who is domiciled in Mississippi as evidenced by an intent to maintain a principal dwelling place in Mississippi indefinitely and to return to Mississippi if temporarily absent, coupled with an act or acts consistent with that intent. Every person who circulates an initiative petition shall print and sign his or her name on each page of an initiative petition, or on a separate page attached to each page, certifying that he or she was a resident of this state at the time of circulating the petition. The Secretary of State shall refuse to accept for filing any page of an initiative petition upon which the signatures appearing thereon were obtained by a person who was not a resident of this state at the time of circulating the petition, and an initiative shall not be placed on the ballot if the Secretary of State determines that without such signatures the petition clearly bears an insufficient number of signatures.
(14) The Legislature may enact laws to carry out the provisions of this section, but such laws shall in no way restrict or impair the provisions of this section or the exercise of the rights reserved to the people in this section.
II.
Amend Section 56, Mississippi Constitution of 1890, to read as follows:
Section 56. The style of the laws of the state that are enacted by the Legislature shall be: "Be it enacted by the Legislature of the State of Mississippi."
III.
Amend Section 61, Mississippi Constitution of 1890, to read as follows:
Section 61. No law enacted by the Legislature or by initiative of the people shall be revived or amended by reference to its title only, but the section or sections, as amended or revived, shall be inserted at length.
IV.
Amend Section 72, Mississippi Constitution of 1890, to read as follows:
Section 72. Every Bill which shall pass both Houses shall be presented to the Governor of the state. If he or she approve, he or she shall sign it; but if he or she does not approve, he or she shall return it, with his or her objections, to the House in which it originated, which shall enter the objections at large upon its Journal, and proceed to reconsider it. If after such reconsideration two-thirds (2/3) of that House shall agree to pass the Bill, it shall be sent, with the objections, to the other House, by which, likewise, it shall be reconsidered; and if approved by two-thirds (2/3) of that House, it shall become a law; but in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Governor within five (5) days (Sundays excepted) after it has been presented to him or her, it shall become a law in like manner as if he or she had signed it, unless the Legislature, by adjournment, prevented its return, in which case such Bill shall be a law unless the Governor shall veto it within fifteen (15) days (Sundays excepted) after it is presented to him or her, and such Bill shall be returned to the Legislature, with his or her objections, within three (3) days after the beginning of the next session of the Legislature. The provisions of this section are not applicable to initiatives approved by the people.
BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2023, as provided by Section 273 of the Constitution and by general law, with the proposed amendments in this resolution being voted on as one (1) amendment.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the people reserve to themselves the right to exercise the legislative power of the state 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."
BE IT FURTHER RESOLVED, That this resolution shall take effect on July 1, 2023, and shall stand repealed on June 30, 2023.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 33, 56, 61 AND 72, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE PEOPLE RESERVE TO THEMSELVES THE RIGHT TO EXERCISE THE LEGISLATIVE POWER OF THE STATE 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; AND FOR RELATED PURPOSES.
