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To: Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative McCray
HOUSE BILL NO. 438
AN ACT TO AMEND SECTION 23-17-17, MISSISSIPPI CODE OF 1972, 1
TO REMOVE THE REQUIREMENT THAT A PETITION FOR AN INITIATIVE 2
MEASURE BE PRINTED ON A SHEET OF PAPER NOT LESS THAN EIGHT AND 3
ONE-HALF INCHES IN WIDTH AND NOT LESS THAN FOURTEEN INCHES IN 4
LENGTH; TO AMEND SECTION 23-17-19, MISSISSIPPI CODE OF 1972, TO 5
REQUIRE THE SECRETARY OF STATE TO PROVIDE THE FORM FOR THE 6
PETITION FOR AN INITIATIVE MEASURE ON THE SECRETARY OF STATE'S 7
WEBSITE; TO AMEND SECTION 23-17-21, MISSISSIPPI CODE OF 1972, TO 8
REQUIRE THE CIRCUIT CLERKS OF THE VARIOUS COUNTIES TO SUBMIT THE 9
PETITION, ALONG WITH THE SIGNATURES THAT HAVE BEEN CERTIFIED, TO 10
THE SECRETARY OF STATE FOR FILING WHEN THE PERSON PROPOSING AN 11
INITIATIVE MEASURE HAS SECURED UPON THE PETITION THE NUMBER OF 12
SIGNATURES OF QUALIFIED ELECTORS EQUAL TO OR EXCEEDING THE MINIMUM 13
NUMBER OF SIGNATURES REQUIRED; TO BRING FORWARD SECTION 23-17-23, 14
MISSISSIPPI CODE OF 1972, FOR PURPOSE OF POSSIBLE AMENDMENT; AND 15
FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 23-17-17, Mississippi Code of 1972, is 18
amended as follows: 19
23-17-17. (1) The person proposing an initiative measure 20
shall print blank petitions upon single sheets of paper of good 21
writing quality * * *. Each sheet shall have a full, true and 22
correct copy of the proposed measure referred to therein printed 23
on the reverse side of the petition or attached thereto. 24
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(2) Only a person who is a qualified elector of this state 25
may circulate a petition or obtain signatures on a petition. 26
SECTION 2. Section 23-17-19, Mississippi Code of 1972, is 27
amended as follows: 28
23-17-19. The Secretary of State shall design the form each 29
sheet of which shall contain the following: 30
"WARNING 31
EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS 32
OR HER TRUE NAME, KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS 33
RELATING TO THE SAME INITIATIVE MEASURE, SIGNS THIS PETITION WHEN 34
HE OR SHE IS NOT A QUALIFIED ELECTOR OR MAKES ANY FALSE STATEMENT 35
ON THIS PETITION MAY BE PUNISHED BY FINE, IMPRISONMENT, OR BOTH. 36
PETITION FOR INITIATIVE MEASURE 37
To the Honorable ___________________, Secretary of State of 38
the State of Mississippi: 39
We, the undersigned citizens and qualified electors of the 40
State of Mississippi, respectfully direct that this petition and 41
the proposed measure known as Initiative Measure No. ____, 42
entitled (here insert the established ballot title of the 43
measure), a full, true and correct copy of which is printed or 44
attached on the reverse side of this petition, be transmitted to 45
the Legislature of the State of Mississippi at its next ensuing 46
regular session, and we respectfully petition the Legislature to 47
adopt the proposed measure; and each of us for himself or herself 48
says: I have personally signed this petition, I am a qualified 49
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elector of the State of Mississippi in the city (or town), county 50
and congressional district written after my name, my residence 51
address is correctly stated and I have knowingly signed this 52
petition only once." 53
Each sheet shall also provide adequate space for the 54
following information: petitioner's signature; print name for 55
positive identification; residence address, street and number, if 56
any; city or town; county; precinct; and congressional district. 57
The Secretary of State shall provide the form for the 58
petition for an initiative measure on the Secretary of State's 59
website. 60
SECTION 3. Section 23-17-21, Mississippi Code of 1972, is 61
amended as follows: 62
23-17-21. Before a person may file a petition with the 63
Secretary of State, the petition must be certified by the circuit 64
clerk of each county in which the petition was circulated. The 65
circuit clerk shall certify the signatures of qualified electors 66
of that county and shall state the total number of qualified 67
electors signing the petition in that county. The circuit clerk 68
shall verify the name of each qualified elector signing on each 69
petition. A circuit clerk may not receive any fee, salary or 70
compensation from any private person or private legal entity for 71
the clerk's duties in certifying an initiative petition. When the 72
person proposing any initiative measure has secured upon the 73
petition a number of signatures of qualified electors equal to or 74
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exceeding the minimum number required by Section 273(3) of the 75
Mississippi Constitution of 1890 for the proposed measure, and 76
such signatures have been certified by the circuit clerks of the 77
various counties, * * * the circuit clerks of the various counties 78
shall submit the petition, along with the signatures that have 79
been certified, to the Secretary of State for filing. The 80
Secretary of State shall collect a fee of Five Hundred Dollars 81
($500.00) from the person filing the petition to pay part of the 82
administrative and publication costs. 83
SECTION 4. Section 23-17-23, Mississippi Code of 1972, is 84
brought forward as follows: 85
23-17-23. The Secretary of State shall refuse to file any 86
initiative petition being submitted upon any of the following 87
grounds: 88
(a) That the petition is not in the form required by 89
Section 23-17-19; 90
(b) That the petition clearly bears insufficient 91
signatures; 92
(c) That one or more signatures appearing on the 93
petition were obtained in violation of Section 23-17-17(2), 94
Section 23-17-57(2) or Section 23-17-57(3); 95
(d) That the time within which the petition may be 96
filed has expired; or 97
(e) That the petition is not accompanied by the filing 98
fee provided for in Section 23-17-21. 99
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ST: Initiative process; revise certain
provisions relating to the.
In case of such refusal, the Secretary of State shall endorse 100
on the petition the word "submitted" and the date, and retain the 101
petition pending appeal. 102
If none of the grounds for refusal exists, the Secretary of 103
State shall accept and file the petition. 104
SECTION 5. This act shall take effect and be in force from 105
and after July 1, 2026. 106