Constitution; conform initiative signature requirements to current congressional districts for initiative petition.

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To: Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Rosebud

HOUSE CONCURRENT RESOLUTION NO. 32

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1
273, MISSISSIPPI CONSTITUTION OF 1890, TO CONFORM THE PRO RATA 2
SIGNATURE REQUIREMENTS FROM EACH CONGRESSIONAL DISTRICT FOR AN 3
INITIATIVE PETITION TO THE NUMBER OF CURRENT CONGRESSIONAL 4
DISTRICTS. 5
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF 6
MISSISSIPPI, That the following amendment to the Mississippi 7
Constitution of 1890 is proposed to the qualified electors of the 8
state: 9
Amend Section 273, Mississippi Constitution of 1890, to read 10
as follows: 11
Section 273. (1) Amendments to this Constitution may be 12
proposed by the Legislature or by initiative of the people. 13
(2) Whenever two-thirds (2/3) of each house of the 14
Legislature, which two-thirds (2/3) shall consist of not less than 15
a majority of the members elected to each house, shall deem any 16
change, alteration or amendment necessary to this Constitution, 17
such proposed amendment, change or alteration shall be read and 18
passed by two-thirds (2/3) vote of each house, as herein provided; 19
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public notice shall then be given by the Secretary of State at 20
least thirty (30) days preceding an election, at which the 21
qualified electors shall vote directly for or against such change, 22
alteration or amendment, and if more than one (1) amendment shall 23
be submitted at one (1) time, they shall be submitted in such 24
manner and form that the people may vote for or against each 25
amendment separately; and, notwithstanding the division of the 26
Constitution into sections, the Legislature may provide in its 27
resolution for one or more amendments pertaining and relating to 28
the same subject or subject matter, and may provide for one or 29
more amendments to an article of the Constitution pertaining and 30
relating to the same subject or subject matter, which may be 31
included in and voted on as one (1) amendment; and if it shall 32
appear that a majority of the qualified electors voting directly 33
for or against the same shall have voted for the proposed change, 34
alteration or amendment, then it shall be inserted as a part of 35
the Constitution by proclamation of the Secretary of State 36
certifying that it received the majority vote required by the 37
Constitution; and the resolution may fix the date and direct the 38
calling of elections for the purposes hereof. 39
(3) The people reserve unto themselves the power to propose 40
and enact constitutional amendments by initiative. An initiative 41
to amend the Constitution may be proposed by a petition signed 42
over a twelve-month period by qualified electors equal in number 43
to at least twelve percent (12%) of the votes for all candidates 44
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for Governor in the last gubernatorial election. The signatures 45
of the qualified electors from any congressional district shall 46
not exceed * * * the total number of signatures required to 47
qualify an initiative petition for placement upon the ballot 48
divided by the number of congressional districts in existence on 49
the day the petition is filed. If an initiative petition contains 50
signatures from a single congressional district which exceed * * * 51
the total number of required signatures, the excess number of 52
signatures from that congressional district shall not be 53
considered by the Secretary of State in determining whether the 54
petition qualifies for placement on the ballot. 55
(4) The sponsor of an initiative shall identify in the text 56
of the initiative the amount and source of revenue required to 57
implement the initiative. If the initiative requires a reduction 58
in any source of government revenue, or a reallocation of funding 59
from currently funded programs, the sponsor shall identify in the 60
text of the initiative the program or programs whose funding must 61
be reduced or eliminated to implement the initiative. Compliance 62
with this requirement shall not be a violation of the subject 63
matter requirements of this section of the Constitution. 64
(5) The initiative process shall not be used: 65
(a) For the proposal, modification or repeal of any 66
portion of the Bill of Rights of this Constitution; 67
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(b) To amend or repeal any law or any provision of the 68
Constitution relating to the Mississippi Public Employees' 69
Retirement System; 70
(c) To amend or repeal the constitutional guarantee 71
that the right of any person to work shall not be denied or 72
abridged on account of membership or nonmembership in any labor 73
union or organization; or 74
(d) To modify the initiative process for proposing 75
amendments to this Constitution. 76
(6) The Secretary of State shall file with the Clerk of the 77
House and the Secretary of the Senate the complete text of the 78
certified initiative on the first day of the regular session. A 79
constitutional initiative may be adopted by a majority vote of 80
each house of the Legislature. If the initiative is adopted, 81
amended or rejected by the Legislature; or if no action is taken 82
within four (4) months of the date that the initiative is filed 83
with the Legislature, the Secretary of State shall place the 84
initiative on the ballot for the next statewide general election. 85
The chief legislative budget officer shall prepare a fiscal 86
analysis of each initiative and each legislative alternative. A 87
summary of each fiscal analysis shall appear on the ballot. 88
(7) If the Legislature amends an initiative, the amended 89
version and the original initiative shall be submitted to the 90
electors. An initiative or legislative alternative must receive a 91
majority of the votes thereon and not less than forty percent 92
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(40%) of the total votes cast at the election at which the measure 93
was submitted to be approved. If conflicting initiatives or 94
legislative alternatives are approved at the same election, the 95
initiative or legislative alternative receiving the highest number 96
of affirmative votes shall prevail. 97
(8) If an initiative measure proposed to the Legislature has 98
been rejected by the Legislature and an alternative measure is 99
passed by the Legislature in lieu thereof, the ballot titles of 100
both such measures shall be so printed on the official ballots 101
that a voter can express separately two (2) preferences: first, 102
by voting for the approval of either measure or against both 103
measures, and, secondly, by voting for one (1) measure or the 104
other measure. If the majority of those voting on the first issue 105
is against both measures, then both measures fail, but in that 106
case the votes on the second issue nevertheless shall be carefully 107
counted and made public. If a majority voting on the first issue 108
is for the approval of either measure, then the measure receiving 109
a majority of the votes on the second issue and also receiving not 110
less than forty percent (40%) of the total votes cast at the 111
election at which the measure was submitted for approval shall be 112
law. Any person who votes for the ratification of either measure 113
on the first issue must vote for one (l) of the measures on the 114
second issue in order for the ballot to be valid. Any person who 115
votes against both measures on the first issue may vote but shall 116
not be required to vote for any of the measures on the second 117
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issue in order for the ballot to be valid. Substantially the 118
following form shall be * * * in compliance with this subsection: 119
INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE 120
Initiative Measure No. __________, entitled (here insert the 121
ballot title of the initiative measure). 122
Alternative Measure No. __________ A, entitled (here insert 123
the ballot title of the alternative measure). 124
VOTE FOR APPROVAL OF EITHER, OR AGAINST BOTH: 125
FOR APPROVAL OF EITHER Initiative No. ____ 126
OR Alternative No. ____ A ............................. ( ) 127
AGAINST Both Initiative No. ____ 128
AND Alternative No. ____ A ............................ ( ) 129
AND VOTE FOR ONE 130
FOR Initiative Measure No. ____ ....................... ( ) 131
FOR Alternative Measure No. ____ A..................... ( ) 132
(9) No more than five (5) initiative proposals shall be 133
submitted to the voters on a single ballot, and the first five (5) 134
initiative proposals submitted to the Secretary of State with 135
sufficient petitions shall be the proposals which are submitted to 136
the voters. The sufficiency of petitions shall be decided in the 137
first instance by the Secretary of State, subject to review by the 138
Supreme Court of the state, which shall have original and 139
exclusive jurisdiction over all such cases. 140
(10) An initiative approved by the electors shall take 141
effect thirty (30) days from the date of the official declaration 142
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of the vote by the Secretary of State, unless the measure provides 143
otherwise. 144
(11) If any amendment to the Constitution proposed by 145
initiative petition is rejected by a majority of the qualified 146
electors voting thereon, no initiative petition proposing the 147
same, or substantially the same, amendment shall be submitted to 148
the electors for at least two (2) years after the date of the 149
election on such amendment. 150
(12) The Legislature shall provide by law the manner in 151
which initiative petitions shall be circulated, presented and 152
certified. To prevent signature fraud and to maintain the 153
integrity of the initiative process the state has a compelling 154
interest in insuring that no person shall circulate an initiative 155
petition or obtain signatures on an initiative petition unless the 156
person is a resident of this state at the time of circulation. 157
For the purposes of this subsection the term "resident" means a 158
person who is domiciled in Mississippi as evidenced by an intent 159
to maintain a principal dwelling place in Mississippi indefinitely 160
and to return to Mississippi if temporarily absent, coupled with 161
an act or acts consistent with that intent. Every person who 162
circulates an initiative petition shall print and sign his name on 163
each page of an initiative petition, or on a separate page 164
attached to each page, certifying that he was a resident of this 165
state at the time of circulating the petition. The Secretary of 166
State shall refuse to accept for filing any page of an initiative 167
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ST: Constitution; conform initiative signature
requirements to current congressional districts
for initiative petition.
petition upon which the signatures appearing thereon were obtained 168
by a person who was not a resident of this state at the time of 169
circulating the petition, and an initiative measure shall not be 170
placed on the ballot if the Secretary of State determines that 171
without such signatures the petition clearly bears an insufficient 172
number of signatures. The provisions of this subsection (12) 173
shall be applicable to all initiative measures that have not been 174
placed on the ballot at the time this proposed amendment is 175
ratified by the electorate. 176
(13) The Legislature may enact laws to carry out the 177
provisions of this section but shall in no way restrict or impair 178
the provisions of this section or the powers herein reserved to 179
the people. 180
BE IT FURTHER RESOLVED, That this proposed amendment shall be 181
submitted by the Secretary of State to the qualified electors at 182
an election to be held on the first Tuesday after the first Monday 183
of November 2026, as provided by Section 273 of the Constitution 184
and by general law. 185
BE IT FURTHER RESOLVED, That the explanation of this proposed 186
amendment for the ballot shall read as follows: "This proposed 187
amendment conforms the pro rata signature requirements of 188
congressional districts for initiative petitions to the current 189
number of congressional districts." 190