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HB850 • 2026

Abortion; provide for statewide referendum on question of prohibiting abortions in Mississippi.

AN ACT TO REPEAL SECTIONS 41-41-45 AND 97-3-3, MISSISSIPPI CODE OF 1972, WHICH PROHIBIT THE PERFORMING OR INDUCING OF AN ABORTION EXCEPT WHERE NECESSARY FOR THE PRESERVATION OF THE MOTHER'S LIFE OR WHERE THE PREGNANCY WAS CAUSED BY RAPE; TO PROVIDE FOR A STATEWIDE SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE PURPOSE OF DETERMINING WHETHER ABORTIONS SHALL BE PROHIBITED IN MISSISSIPPI; TO PROVIDE THAT IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING ON THE QUESTION IN THE SPECIAL ELECTION VOTE FOR PROHIBITING ABORTIONS IN MISSISSIPPI, THEN THIS ACT SHALL NOT TAKE EFFECT; TO PROVIDE THAT IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING ON THE QUESTION IN THE ELECTION VOTE AGAINST PROHIBITING ABORTIONS IN MISSISSIPPI, THEN THIS ACT SHALL TAKE EFFECT ON JANUARY 1, 2027; AND FOR RELATED PURPOSES.

Abortion Elections
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Banks
Last action
2026-02-03
Official status
Dead
Effective date
Passage

Plain English Breakdown

Checked against official source text during the last sync.

Abortion Referendum Act

This bill proposes a statewide referendum on November 3, 2026, to decide whether abortions should be allowed or prohibited in Mississippi.

What This Bill Does

  • Removes current laws that ban abortion unless it is needed to protect the mother's life or if the pregnancy resulted from rape.
  • Sets a special election on Tuesday, November 3, 2026, for voters to decide whether abortions should be prohibited in Mississippi.
  • If most voters say 'Yes' to prohibiting abortions, the bill will not become law. If they say 'No', it will take effect starting January 1, 2027.

Who It Names or Affects

  • Voters who can vote in Mississippi elections
  • People considering having an abortion

Terms To Know

Qualified electors
Registered voters eligible to participate in the election
Special election
A separate voting event for a specific issue, not part of regular elections

Limits and Unknowns

  • The bill did not pass and was stopped in committee.
  • It is unclear how many people will vote or what their decision might be.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Constitution;Apportionment and Elections

Official Summary Text

Abortion; provide for statewide referendum on question of prohibiting abortions in Mississippi.

Current Bill Text

Read the full stored bill text 
H. B. No. 850 *HR26/R1009* ~ OFFICIAL ~ G1/2
26/HR26/R1009
PAGE 1 (RF\KW)

To: Constitution;
Apportionment and Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Banks

HOUSE BILL NO. 850

AN ACT TO REPEAL SECTIONS 41-41-45 AND 97-3-3, MISSISSIPPI 1
CODE OF 1972, WHICH PROHIBIT THE PERFORMING OR INDUCING OF AN 2
ABORTION EXCEPT WHERE NECESSARY FOR THE PRESERVATION OF THE 3
MOTHER'S LIFE OR WHERE THE PREGNANCY WAS CAUSED BY RAPE; TO 4
PROVIDE FOR A STATEWIDE SPECIAL ELECTION TO BE HELD ON TUESDAY, 5
NOVEMBER 3, 2026, FOR THE PURPOSE OF DETERMINING WHETHER ABORTIONS 6
SHALL BE PROHIBITED IN MISSISSIPPI; TO PROVIDE THAT IF A MAJORITY 7
OF THE QUALIFIED ELECTORS VOTING ON THE QUESTION IN THE SPECIAL 8
ELECTION VOTE FOR PROHIBITING ABORTIONS IN MISSISSIPPI, THEN THIS 9
ACT SHALL NOT TAKE EFFECT; TO PROVIDE THAT IF A MAJORITY OF THE 10
QUALIFIED ELECTORS VOTING ON THE QUESTION IN THE ELECTION VOTE 11
AGAINST PROHIBITING ABORTIONS IN MISSISSIPPI, THEN THIS ACT SHALL 12
TAKE EFFECT ON JANUARY 1, 2027; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Sections 41-41-45 and 97-3-3, Mississippi Code of 15
1972, which prohibit the performing or inducing of an abortion 16
except where necessary for the preservation of the mother's life 17
or where the pregnancy was caused by rape, are repealed. 18
SECTION 2. There shall be a statewide special election for 19
the purpose of determining whether Section 1 of this act will take 20
effect. The special election shall be held on Tuesday, November 21
3, 2026, and shall be conducted in the same manner as regular 22
general elections are held. The question put before the voters at 23
H. B. No. 850 *HR26/R1009* ~ OFFICIAL ~
26/HR26/R1009
PAGE 2 (RF\KW)
ST: Abortion; provide for statewide referendum
on question of prohibiting abortions in
Mississippi.
the statewide special election shall read on the ballots as 24
follows: 25
"PLEASE VOTE 'YES' OR 'NO' 26
Abortions shall be prohibited in Mississippi except where 27
necessary for the preservation of the mother's life or where the 28
pregnancy was caused by rape. 29
'YES': ________ 'NO': ________" 30
The qualified electors may indicate their preference on the 31
line following the answer that they prefer. 32
If a majority of the qualified electors voting on the 33
question in the special election vote "Yes," then Section 1 of 34
this act shall not take effect. If a majority of the qualified 35
electors voting on the question in the election vote "No," then 36
Section 1 shall take effect from and after January 1, 2027. 37
SECTION 3. Section 1 of this act shall take effect and be in 38
force from and after January 1, 2027, if a majority of the 39
qualified electors voting on the question in the election provided 40
for in Section 2 of this act vote "NO"; and Section 2 of this act 41
shall take effect and be in force from and after the passage of 42
this act. 43