Constitution; amend to conform initiative signature requirements to current congressional districts.

H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~ G2/3
26/HR26/R611
PAGE 1 (ENK\KW)

To: Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McCray

HOUSE CONCURRENT RESOLUTION NO. 15

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1
273, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT FOR AN 2
INITIATIVE PETITION TO BE PLACED UPON THE BALLOT, THE QUALIFYING 3
TOTAL OF SIGNATURES MUST COMPRISE AN EQUAL NUMBER OF CERTIFIED 4
SIGNATURES FROM ALL CURRENT CONGRESSIONAL DISTRICTS; AND FOR 5
RELATED PURPOSES. 6
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF 7
MISSISSIPPI, That the following amendment to the Mississippi 8
Constitution of 1890 is proposed to the qualified electors of the 9
state: 10
Amend Section 273, Mississippi Constitution of 1890, to read 11
as follows: 12
"Section 273. (1) Amendments to this Constitution may be 13
proposed by the Legislature or by initiative of the people. 14
(2) Whenever two-thirds (2/3) of each house of the 15
Legislature, which two-thirds (2/3) shall consist of not less than 16
a majority of the members elected to each house, shall deem any 17
change, alteration or amendment necessary to this Constitution, 18
such proposed amendment, change or alteration shall be read and 19
passed by two-thirds (2/3) vote of each house, as herein provided; 20
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 2 (ENK\KW)

public notice shall then be given by the Secretary of State at 21
least thirty (30) days preceding an election, at which the 22
qualified electors shall vote directly for or against such change, 23
alteration or amendment, and if more than one (1) amendment shall 24
be submitted at one (1) time, they shall be submitted in such 25
manner and form that the people may vote for or against each 26
amendment separately; and, notwithstanding the division of the 27
Constitution into sections, the Legislature may provide in its 28
resolution for one or more amendments pertaining and relating to 29
the same subject or subject matter, and may provide for one or 30
more amendments to an article of the Constitution pertaining and 31
relating to the same subject or subject matter, which may be 32
included in and voted on as one (1) amendment; and if it shall 33
appear that a majority of the qualified electors voting directly 34
for or against the same shall have voted for the proposed change, 35
alteration or amendment, then it shall be inserted as a part of 36
the Constitution by proclamation of the Secretary of State 37
certifying that it received the majority vote required by the 38
Constitution; and the resolution may fix the date and direct the 39
calling of elections for the purposes hereof. 40
(3) The people reserve unto themselves the power to propose 41
and enact constitutional amendments by initiative. An initiative 42
to amend the Constitution may be proposed by a petition signed 43
over a twelve-month period by qualified electors equal in number 44
to at least twelve percent (12%) of the votes for all candidates 45
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 3 (ENK\KW)

for Governor in the last gubernatorial election. * * * The 46
qualifying total of signatures must comprise an equal number of 47
certified signatures from all current congressional districts 48
according to the latest federal decennial census. The certified 49
signatures according to the latest federal decennial census of 50
qualified electors from the current congressional districts shall 51
be counted towards the total number of signatures required to 52
qualify an initiative petition for placement upon the ballot. An 53
excess number of signatures from * * * any current congressional 54
district shall not be considered by the Secretary of State in 55
determining whether the petition qualifies for placement on the 56
ballot. 57
(4) The sponsor of an initiative shall identify in the text 58
of the initiative the amount and source of revenue required to 59
implement the initiative. If the initiative requires a reduction 60
in any source of government revenue, or a reallocation of funding 61
from currently funded programs, the sponsor shall identify in the 62
text of the initiative the program or programs whose funding must 63
be reduced or eliminated to implement the initiative. Compliance 64
with this requirement shall not be a violation of the subject 65
matter requirements of this section of the Constitution. 66
(5) The initiative process shall not be used: 67
(a) For the proposal, modification or repeal of any 68
portion of the Bill of Rights of this Constitution; 69
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 4 (ENK\KW)

(b) To amend or repeal any law or any provision of the 70
Constitution relating to the Mississippi Public Employees' 71
Retirement System; 72
(c) To amend or repeal the constitutional guarantee 73
that the right of any person to work shall not be denied or 74
abridged on account of membership or nonmembership in any labor 75
union or organization; or 76
(d) To modify the initiative process for proposing 77
amendments to this Constitution. 78
(6) The Secretary of State shall file with the Clerk of the 79
House and the Secretary of the Senate the complete text of the 80
certified initiative on the first day of the regular session. A 81
constitutional initiative may be adopted by a majority vote of 82
each house of the Legislature. If the initiative is adopted, 83
amended or rejected by the Legislature; or if no action is taken 84
within four (4) months of the date that the initiative is filed 85
with the Legislature, the Secretary of State shall place the 86
initiative on the ballot for the next statewide general election. 87
The chief legislative budget officer shall prepare a fiscal 88
analysis of each initiative and each legislative alternative. A 89
summary of each fiscal analysis shall appear on the ballot. 90
(7) If the Legislature amends an initiative, the amended 91
version and the original initiative shall be submitted to the 92
electors. An initiative or legislative alternative must receive a 93
majority of the votes thereon and not less than forty percent 94
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 5 (ENK\KW)

(40%) of the total votes cast at the election at which the measure 95
was submitted to be approved. If conflicting initiatives or 96
legislative alternatives are approved at the same election, the 97
initiative or legislative alternative receiving the highest number 98
of affirmative votes shall prevail. 99
(8) If an initiative measure proposed to the Legislature has 100
been rejected by the Legislature and an alternative measure is 101
passed by the Legislature in lieu thereof, the ballot titles of 102
both such measures shall be so printed on the official ballots 103
that a voter can express separately two (2) preferences: First, 104
by voting for the approval of either measure or against both 105
measures, and, secondly, by voting for one (1) measure or the 106
other measure. If the majority of those voting on the first issue 107
is against both measures, then both measures fail, but in that 108
case the votes on the second issue nevertheless shall be carefully 109
counted and made public. If a majority voting on the first issue 110
is for the approval of either measure, then the measure receiving 111
a majority of the votes on the second issue and also receiving not 112
less than forty percent (40%) of the total votes cast at the 113
election at which the measure was submitted for approval shall be 114
law. Any person who votes for the ratification of either measure 115
on the first issue must vote for one (l) of the measures on the 116
second issue in order for the ballot to be valid. Any person who 117
votes against both measures on the first issue may vote but shall 118
not be required to vote for any of the measures on the second 119
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 6 (ENK\KW)

issue in order for the ballot to be valid. Substantially the 120
following form shall be * * * in compliance with this subsection: 121
INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE 122
Initiative Measure No. __________, entitled (here insert the 123
ballot title of the initiative measure). 124
Alternative Measure No. __________ A, entitled (here insert 125
the ballot title of the alternative measure). 126
VOTE FOR APPROVAL OF EITHER, OR AGAINST BOTH: 127
FOR APPROVAL OF EITHER Initiative No. ____ 128
OR Alternative No. ____ A .................................. ( ) 129
AGAINST Both Initiative No. ____ 130
AND Alternative No. ____ A ................................. ( ) 131
AND VOTE FOR ONE 132
FOR Initiative Measure No. ____ ............................ ( ) 133
FOR Alternative Measure No. ____ A ......................... ( ) 134
(9) No more than five (5) initiative proposals shall be 135
submitted to the voters on a single ballot, and the first five (5) 136
initiative proposals submitted to the Secretary of State with 137
sufficient petitions shall be the proposals which are submitted to 138
the voters. The sufficiency of petitions shall be decided in the 139
first instance by the Secretary of State, subject to review by the 140
Supreme Court of the state, which shall have original and 141
exclusive jurisdiction over all such cases. 142
(10) An initiative approved by the electors shall take 143
effect thirty (30) days from the date of the official declaration 144
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 7 (ENK\KW)

of the vote by the Secretary of State, unless the measure provides 145
otherwise. 146
(11) If any amendment to the Constitution proposed by 147
initiative petition is rejected by a majority of the qualified 148
electors voting thereon, no initiative petition proposing the 149
same, or substantially the same, amendment shall be submitted to 150
the electors for at least two (2) years after the date of the 151
election on such amendment. 152
(12) The Legislature shall provide by law the manner in 153
which initiative petitions shall be circulated, presented and 154
certified. To prevent signature fraud and to maintain the 155
integrity of the initiative process the state has a compelling 156
interest in insuring that no person shall circulate an initiative 157
petition or obtain signatures on an initiative petition unless the 158
person is a resident of this state at the time of circulation. 159
For the purposes of this subsection the term 'resident' means a 160
person who is domiciled in Mississippi as evidenced by an intent 161
to maintain a principal dwelling place in Mississippi indefinitely 162
and to return to Mississippi if temporarily absent, coupled with 163
an act or acts consistent with that intent. Every person who 164
circulates an initiative petition shall print and sign his name on 165
each page of an initiative petition, or on a separate page 166
attached to each page, certifying that he was a resident of this 167
state at the time of circulating the petition. The Secretary of 168
State shall refuse to accept for filing any page of an initiative 169
H. C. R. No. 15 *HR26/R611* ~ OFFICIAL ~
26/HR26/R611
PAGE 8 (ENK\KW)
ST: Constitution; amend to conform initiative
signature requirements to current congressional
districts.
petition upon which the signatures appearing thereon were obtained 170
by a person who was not a resident of this state at the time of 171
circulating the petition, and an initiative measure shall not be 172
placed on the ballot if the Secretary of State determines that 173
without such signatures the petition clearly bears an insufficient 174
number of signatures. The provisions of this subsection (12) 175
shall be applicable to all initiative measures that have not been 176
placed on the ballot at the time this proposed amendment is 177
ratified by the electorate. 178
(13) The Legislature may enact laws to carry out the 179
provisions of this section but shall in no way restrict or impair 180
the provisions of this section or the powers herein reserved to 181
the people." 182
BE IT FURTHER RESOLVED, That this proposed amendment shall be 183
submitted by the Secretary of State to the qualified electors at 184
an election to be held on the first Tuesday after the first Monday 185
of November 2026, as provided by Section 273 of the Constitution 186
and by general law. 187
BE IT FURTHER RESOLVED, That the explanation of this proposed 188
amendment for the ballot shall read as follows: "This proposed 189
constitutional amendment provides that the qualifying total of 190
signatures must comprise an equal number of certified signatures 191
from all current congressional districts according to the latest 192
federal decennial census to qualify an initiative petition for 193
placement upon the ballot." 194