Bill Text: MS HC38 | 2011 | Regular Session | Introduced
Bill Title: Constitution; bring forward 2011 Initiative Measure No. 27 regarding voter ID for possible consideration of legislative alternative.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HC38 Detail]
Download: Mississippi-2011-HC38-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Constitution
By: Representative Evans (70th)
House Concurrent Resolution 38
A CONCURRENT RESOLUTION TO BRING FORWARD THE PROPOSED AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 CONTAINED IN INITIATIVE MEASURE NO. 27, WHICH RELATES TO THE SUBJECT OF VOTER IDENTIFICATION, FOR THE PURPOSE OF THE POSSIBLE CONSIDERATION OF A LEGISLATIVE ALTERNATIVE TO THE ORIGINAL INITIATIVE MEASURE; AND FOR RELATED PURPOSES.
WHEREAS, under Section 273 of the Mississippi Constitution of 1890, the people have the power to propose and enact constitutional amendments by initiative, and the procedure for doing so is set forth in Chapter 17, Title 23, Mississippi Code of 1972.
WHEREAS, following those provisions, the people have proposed Initiative Measure No. 27 relating to the subject of voter identification, and this initiative measure will be presented to the qualified electors at the November 2011 election.
WHEREAS, when an initiative measure is proposed under this procedure, the Legislature may submit an alternative measure regarding the subject matter of the original initiative measure, to be presented to the qualified electors at the same election at which the original measure is proposed, and under Section 23-17-29, Mississippi Code of 1972, such a constitutional initiative may be adopted or amended by a majority vote of each house of the Legislature:
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 being proposed to the qualified electors of the state at the November 2011 election, under Section 273 of the Mississippi Constitution of 1890 and Chapter 17, Title 23, Mississippi Code of 1972, designated as Initiative Measure No. 27 and relating to the subject of voter identification, is brought forward for the purpose of the possible consideration of a legislative alternative to the original initiative measure:
Bring forward the language contained in Initiative Measure No. 27 that proposes to amend the Mississippi Constitution of 1890, by creating a new section to read as follows:
"(1) (a) Except as provided in subsection (2), a qualified elector who votes in a primary or general election, either in person at the polls or in person in the office of the circuit clerk, shall present a government issued photo identification before being allowed to vote.
(b) A qualified elector who does not have a government issued photo identification and who cannot afford such identification may obtain a state issued photo identification free of charge from the Mississippi Department of Public Safety. The elector must show appropriate identifying documents required by the Mississippi Department of Public Safety as provided by law.
(2) (a) An elector living and voting in a state-licensed care facility shall not be required to show a government issued photo identification before being allowed to vote.
(b) An elector who has a religious objection to being photographed will be allowed to cast an affidavit ballot, and the elector, within five (5) days after the election, shall execute an affidavit in the appropriate circuit clerk’s office affirming that the exemption applies.
(c) An elector who has a government issued photo identification, but is unable to present that identification when voting, shall file an affidavit ballot, and the elector, within five (5) days after the election, shall present the government issued photo identification to the appropriate circuit clerk.
(3) This provision shall not be construed to require photo identification to register to vote. This provision only requires government issued photo identification for casting a ballot.
(4) The Legislature shall enact legislation to implement the provisions of this section of the Constitution."
BE IT FURTHER RESOLVED, That any amendment proposed by the Legislature in this resolution as an alternative measure to Initiative Measure No. 27 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 2011, in the manner prescribed by Section 273 of the Constitution and by Chapter 17, Title 23, Mississippi Code of 1972.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 27, which relates to the subject of voter identification."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
