The Mississippi constitution provides for constitutional initiatives, but the Mississippi Supreme Court in 2021 found the provision to be inoperable. As a result, the constitutional initiative is not currently available to Mississippi voters. Legislatively referred amendments are now the only form of statewide direct democracy in the state. The Mississippi legislature may fix the date of the election for legislatively referred amendments; there is no requirement that voting take place at a general election. The legislature also drafts the explanatory statement that appears on the ballot. The Mississippi Secretary of State is involved only to provide public notice of the amendment and the election. Mississippi’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Mississippi
Mississippi does not have statutory initiatives or veto referendums, and the Mississippi Supreme Court has rendered the constitutional initiative inoperable, so legislatively referred amendments are currently the only available form of direct democracy.
X Initiatives – Statutory
√ / X Initiatives – Constitutional
The Mississippi Constitution provides an initiative power to propose and enact constitutional amendments. Miss. Const. art. 15, § 273(3).
However, the Mississippi Supreme Court has found this constitutional provision to be inoperable because the provision references five congressional districts, and the state now only has four. Butler v. Watson, 338 So. 3d 599 (Miss. 2021). As a result of this decision and the legislature’s failure to date to restore the initiative power, the power is currently not available to Mississippi voters.
Click here to view the initiative process that previously applied.
X Veto Referendums
√ Legislatively Referred Amendments
Amendments to the state constitution proposed by the legislature must be approved by Mississippi voters. Miss. Const. art. 15, § 273(2).
Election Timing
A legislatively referred amendment must first be approved by a supermajority of 2/3 of both houses of the legislature. Miss. Const. art. 15, § 273(2). The legislative resolution may fix the date of the election at which the proposed amendment is to be voted upon; there is no mandate that voting take place at a general election. See id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a legislatively referred amendment in Mississippi must display the following information.
- An explanatory statement indicating the substance of the proposed amendment (75 words or less). Miss. Code Ann. § 23-15-369(1)(b).
- The statement must be printed in clear and unambiguous language, and whenever possible, it must avoid the use of legal terminology or jargon in favor of simple, ordinary, everyday language. sub. (a)–(b).
- The statement is prepared by the legislature and included in the underlying resolution. sub. (b).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under the Mississippi Constitution, the Secretary of State must provide public notice of an election at which a legislatively referred amendment will be submitted to voters, at least thirty days before such election. Miss. Const. art. 15, § 273(2).
In addition, the Secretary of State must have the full text of the proposed amendment published in newspapers in each county in the state at least two weeks before the election. Miss. Code Ann. § 7-3-39. This full text must also be posted prominently in all polling places. Id. § 23-15-369(1)(c).
Voter Information Pamphlet
- Mississippi law does not require a state voter information pamphlet for legislatively referred amendments.
JUDICIAL REVIEW
When and how can the court step in?
Mississippi’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.