SC 533 — Constitution; amend to revise ballot initiative process.

Accountability, Efficiency, Transparency COMMITTEE SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO.

533 (As Adopted by the Senate) A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 33, 273, 56, 61 AND 72, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT AMENDMENTS TO THE MISSISSIPPI CONSTITUTION MAY ONLY BE PROPOSED BY THE LEGISLATURE, BUT THAT THE PEOPLE RESERVE TO THEMSELVES THE RIGHT TO EXERCISE THE LEGISLATIVE POWER OF THE STATE TO PROPOSE NEW LAWS AND TO AMEND OR REPEAL EXISTING LAWS BY INITIATIVE, AND TO APPROVE OR REJECT THE SAME IN AN ELECTION INDEPENDENT OF THE LEGISLATURE.

533 *SS08/R1093CS.2**SS36/R1093AS* ~ OFFICIAL ~ G2/3 23/SS08/R1093CS.223/SS36/R1093AS PAGE 1 Legislature, in the manner prescribed in and subject to the provisions of this section.

(2) TheAn peopleinitiative reservemay untobe themselvesproposed theby powera topetition proposesigned legislativeover petitionsa twelve-month period by ballotqualified initiative.electors equal to at least twelve percent (12%) of the total qualified electors of the state as of the date of the last presidential election.

An initiative to propose a legislative petition may be proposed by a petition signed over a nine-month period by qualified electors equal in number to at least twelve percent (12%) of the total qualified electors of the state as of the date of the last presidential election.

The signatures of the qualified electors from any county shall not exceed ten percent (10%) 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 county which exceed ten percent (10%) of the total number of required signatures or from a single congressional district whichthat exceed the total number of required signatures, the excess number of signatures from that county or congressional district shall not be considered by the Secretary of State in determining whether the petitioninitiative measure qualifies for placement on the ballot.

At least one hundred (100) signatures must be collected from each S.

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533 *SS08/R1093CS.2* ~ OFFICIAL ~ 23/SS08/R1093CS.2 PAGE 2 county, which shall include at least ten (10) signatures from each incorporated municipality in that county.

Compliance with this requirement shall not be a violation of the subject matter requirements of this section of the Constitution.

(a)S. For the proposal, modification or repeal of any portion of this Constitution;

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533 *SS36/R1093AS* ~ OFFICIAL ~ 23/SS36/R1093AS PAGE 2 (a) For the proposal, modification or repeal of any portion of this Constitution;

or (d) To propose, amend or repeal any local or special law;law.

or(5) (e)(a) ToThe dedicateSecretary revenuesof orState makeshall orfile repealwith appropriations.the Clerk of the House and the Secretary of the Senate the complete text of the certified initiative on the first day of the regular session.

An initiative may be adopted or adopted as amended by a majority vote of each house of the Legislature.

If the initiative is adopted or adopted as amended by the Legislature, or if no action is taken within four (4) months of the date that the initiative is filed with the Legislature, the Secretary of State shall place the initiative, as adopted or adopted as amended as the case may be, on the ballot for the next statewide general election.

(b) The Chief Legislative Budget Officer shall prepare a fiscal analysis of each initiative and each legislative alternative.

A summary of each fiscal analysis shall appear on the ballot.

533 *SS08/R1093CS.2**SS36/R1093AS* ~ OFFICIAL ~ 23/SS08/R1093CS.223/SS36/R1093AS PAGE 3 (5)(6) TheIf Secretarythe ofLegislature Stateamends shallan fileinitiative, with the Clerkamended ofversion the House and the Secretaryoriginal of the Senate the complete text of the certified initiative onshall thebe firstsubmitted dayto of the regularelectors. session.

An initiative measureor maylegislative bealternative adoptedmust orreceive adopteda asmajority amendedof bythe avotes two-thirdsthereon (2/3)and votenot ofless eachthan houseforty percent (40%) of the Legislature.total votes cast at the election at which the measure was submitted to be approved.

If conflicting initiatives or legislative alternatives are approved at the initiativesame iselection, adopted,the amendedinitiative or rejectedlegislative byalternative receiving the Legislature;highest number of affirmative votes shall prevail.

or(7) ifIf noan actioninitiative ismeasure takenproposed withinto fourthe (4)Legislature monthshas ofbeen rejected by the dateLegislature thatand thean initiativealternative measure is filedpassed withby the Legislature,Legislature in lieu thereof, the Secretaryballot titles of Stateboth such measures shall placebe theso initiativeprinted on the ballotofficial forballots thethat nexta statewidevoter generalcan election.express separately two (2) preferences:

TheFirst, Chiefby Legislativevoting Budgetfor Officerthe shallapproval prepareof aeither fiscalmeasure analysisor ofagainst eachboth initiativemeasures, and eachsecondly, legislativeby alternative.voting for one (1) measure or the other measure.

AIf summarythe majority of eachthose fiscalvoting analysison shallthe appearfirst issue is against both measures, then both measures fail, but in that case the votes on the ballot.second issue nevertheless shall be carefully counted and made public.

(6)If Noa moremajority thanvoting twoon (2)the initiativefirst proposalsissue mayis befor submittedthe toapproval of either measure, then the votersmeasure onreceiving a singlemajority ballot,of andthe votes on the firstsecond twoissue (2)and initiativealso proposalsreceiving submittednot toless thethan Secretaryforty ofpercent State(40%) withof sufficientthe petitionstotal shallvotes becast at the proposalselection at which arethe initiative was submitted tofor theapproval voters.shall be law.

TheAny sufficiencyperson ofwho petitionsvotes shallfor be decided in the firstratification instance by the Secretary of State,either subjectS. to review by the Supreme Court of the state, which shall have original and exclusive jurisdiction over all such cases.

(7) An initiative approved by two-thirds (2/3) of the electors during a general election shall be filed with the Clerk of the House and the Secretary of the Senate and placed on the legislative calendar of each house of the Legislature.

An S.

533 *SS08/R1093CS.2**SS36/R1093AS* ~ OFFICIAL ~ 23/SS08/R1093CS.223/SS36/R1093AS PAGE 4 initiative measure adoptedon orthe amendedfirst byissue amust two-thirdsvote (2/3)for voteone (1) of eachthe housemeasures ofon the Legislaturesecond shallissue becomein law.order for the ballot to be valid.

(8)Any Ifperson anywho initiativevotes petitionagainst isboth rejectedmeasures byon athe majorityfirst ofissue themay qualifiedvote electorsbut votingshall thereon,not nobe initiativerequired petitionto proposingvote thefor same,any orof substantially the same,measures proposalon shallthe besecond submittedissue toin theorder electors for at least five (5) years after the dateballot ofto thebe electionvalid. on such initiative.

(9)Substantially The Legislature shall provide by law the mannerfollowing inform which initiative petitions shall be circulated,in presentedcompliance andwith certified, and may enact laws to carry out the provisions of this section.subsection:

INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE Initiative Measure No.

__________, entitled (here insert the ballot title of the initiative measure).

Alternative Measure No.