Mississippi Supreme Court Asked to Invalidate the State’s Initiative Process

On April 14, the Mississippi Supreme Court heard arguments in a case filed by a voter, who argues that the entire statewide initiative process is invalid. It was passed in 1992 when Mississippi had five U.S. House districts. Unfortunately, the law said initiatives need signatures from all five districts. But Mississippi lost a U.S. House seat after the 2000 census, and the law has never been repaired. See this story.


Comments

Mississippi Supreme Court Asked to Invalidate the State’s Initiative Process — 4 Comments

  1. https://www.sos.ms.gov/Education-Publications/Documents/Downloads/Mississippi_Constitution.pdf

    1890 MS Const — updated to 2014

    Art 15 has init

    ***
    (3) The people reserve unto themselves the power to propose and
    enact constitutional amendments by initiative.

    An initiative to amend the
    Constitution may be proposed by a petition signed over a twelve-month
    period by qualified electors equal in number to at least twelve percent
    (12%) of the votes for all candidates for Governor in the last gubernatorial
    election.

    The signatures of the qualified electors from any congressional
    district shall not exceed one-fifth (1/5) of the total number of signatures
    required to qualify an initiative petition for placement upon the ballot.

    If an initiative petition contains signatures from a single congressional
    district which exceed one-fifth (1/5) of the total number of required
    signatures, the excess number of signatures from that congressional district
    shall not be considered by the Secretary of State in determining whether
    the petition qualifies for placement on the ballot.

    [spacing added]

  2. Five congressional districts (as they existed pre 2000) are still defined in state statute. The congressional districts drawn post 2000 were drawn by a federal court. The state statute defining congressional districts has never been updated to reflect the court order. The question the court has to answer is whether looking to the five districts that still exist in state statute for the purpose of signature collection is constitutional.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.