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Mississippi Statutes, Title 23

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Mississippi/Statutes

← All Mississippi coverage

Title 23, Elections

9 chapters · 376 sections in this title.

All chapters in Title 23376 Ch 15, Mississippi Election Code342 Ch 17, Amendments to Constitution by Voter …34

34 sections·Filtered byTitle 23✕Ch 17✕

Miss. Code Ann. § 23-17-1 Procedures by which qualified electors may initiate proposed amendments to the constitution
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(1) For purposes of this chapter, the following term shall have the meaning ascribed herein:“Measure” means an amendment to the Mississippi Constitution proposed by a petition of qualified electors under Section 273, Mississippi Constitution of 1890. (2) If any qualified elector …
Miss. Code Ann. § 23-17-11 Notice of ballot title and summary to initiator; publication of title and summary
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Upon the filing of the ballot title and summary for an initiative measure in his office, the Secretary of State shall forthwith notify by certified mail return receipt requested, the person proposing the measure and any other individuals who have made written request for such not…
Miss. Code Ann. § 23-17-13 Procedure for appeal of title and summary
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If any person is dissatisfied with the ballot title or summary formulated by the Attorney General, he or she may, within five (5) days from the publications of the ballot title and summary by the office of the Secretary of State, appeal to the circuit court of the First Judicial …
Miss. Code Ann. § 23-17-15 Filing of instrument establishing title and summary of measure; notice to initiator; title and summary to be used in all proceedings

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When the ballot title and summary are finally established, the Secretary of State shall file the instrument establishing it with the proposed measure and transmit a copy thereof by certified mail return receipt requested, to the person proposing the measure and to any other indiv…

Miss. Code Ann. § 23-17-17 Initiator of measure to print blank petitions; form of petitions

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(1) The person proposing an initiative measure shall print blank petitions upon single sheets of paper of good writing quality not less than eight and one-half (8 ½) inches in width and not less than fourteen (14) inches in length. Each sheet shall have a full, true and correct c…

Miss. Code Ann. § 23-17-19 Secretary of State to design petitions; form of petitions

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The Secretary of State shall design the form each sheet of which shall contain the following: “WARNINGEVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS RELATING TO THE SAME INITIATIVE MEASURE, SIGNS THI…

Miss. Code Ann. § 23-17-21 Certification of petition by the circuit clerk; fee for filing petition

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Before a person may file a petition with the Secretary of State, the petition must be certified by the circuit clerk of each county in which the petition was circulated. The circuit clerk shall certify the signatures of qualified electors of that county and shall state the total …

Miss. Code Ann. § 23-17-23 Grounds for refusing to file initiative petition

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(a) The Secretary of State shall refuse to file any initiative petition being submitted upon any of the following grounds:(a) That the petition is not in the form required by Section 23-17-19;(b) That the petition clearly bears insufficient signatures;(c) That one or more signatu…

Miss. Code Ann. § 23-17-25 Procedure to compel Secretary of State to file petition

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If the Secretary of State refuses to file an initiative petition when submitted to him for filing, the person submitting it for filing, within ten (10) days after his refusal, may apply to the Supreme Court for an order requiring the Secretary of State to bring the petition befor…

Miss. Code Ann. § 23-17-27 Failure to appeal, or loss of appeal of, Secretary’s refusal to file petition

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If no appeal is taken from the refusal of the Secretary of State to file a petition within the time prescribed, or if an appeal is taken and the Secretary of State is not required to file the petition by the mandate of the Supreme Court, the Secretary of State shall destroy it.

Miss. Code Ann. § 23-17-29 Filing petition with Legislature; adoption, amendment, or rejection of initiative; placement of initiative on ballot; approval of conflicting initiatives

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The Secretary of State shall file with the Clerk of the House and the Secretary of the Senate on the first day of the regular legislative session the complete text of each initiative for which a petition has been certified and filed with him. A constitutional initiative may be ad…

Miss. Code Ann. § 23-17-3 Time for filing petition; length of time petition remains valid

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The petition for a proposed initiative measure must be filed with the Secretary of State not less than ninety (90) days before the first day of the regular session of the Legislature at which it is to be submitted. A petition is valid for a period of twelve (12) months.

Miss. Code Ann. § 23-17-31 Procedure for rejection of measure and adoption of new measure by Legislature; designation of “Alternative Measure No. A”; fiscal analysis

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(1) Whenever the Legislature rejects a measure submitted to it by initiative petition and adopts an amendment to the measure proposed by initiative petition, then the Secretary of State shall give the measure adopted by the Legislature the same number as that borne by the initiat…

Miss. Code Ann. § 23-17-33 Ballot title and summary for alternative measures

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For a measure designated by him as “Alternative Measure No. A,” the Secretary of State shall obtain from the Attorney General a ballot title in the manner provided by Section 23-17-9. The ballot title therefor shall be different from the ballot title of the measure in lieu of whi…

Miss. Code Ann. § 23-17-35 Form of initiative measure as appearing on ballot

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Except in the case of alternative voting on a measure initiated by petition, each measure submitted to the people for approval or rejection shall be so printed on the ballot, under the proper heading, that a voter can, by making one (1) choice, express his approval or rejection o…

Miss. Code Ann. § 23-17-37 Voting for initiative when legislative alternative proposed; form of initiative measure and Legislative alternative as appearing on ballot

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If an initiative measure proposed to the Legislature has been rejected by the Legislature and an alternative measure is passed by the Legislature in lieu thereof, the serial numbers and ballot titles of both such measures shall be printed on the official ballots so that a voter c…

Miss. Code Ann. § 23-17-39 Limit of how many initiative proposals may be submitted to voters on single ballot

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No more than five (5) initiative proposals shall be submitted to the voters on a single ballot, and the first five (5) initiative proposals submitted to the Secretary of State with sufficient petitions shall be the proposals which are submitted to the voters.

Miss. Code Ann. § 23-17-41 Effective date of initiative which is approved

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An initiative approved by the electors shall take effect thirty (30) days from the date of the official declaration of the vote by the Secretary of State, unless the measure provides otherwise.

Miss. Code Ann. § 23-17-42 Secretary of State to insert approved initiative into Constitution by proclamation; designation of article and section numbers

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When a proposed change, alteration or amendment proposed to the Constitution by initiative of the people or legislative alternative receives the required number of votes as provided in Section 273(8), Mississippi Constitution of 1890, the Secretary of State shall insert the propo…

Miss. Code Ann. § 23-17-43 Time limit for resubmitting initiative rejected by voters

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If any amendment to the Constitution proposed by initiative petition is rejected by a majority of the qualified electors voting thereon, no initiative petition proposing the same, or substantially the same, amendment shall be submitted to the electors for at least two (2) years a…

Miss. Code Ann. § 23-17-45 Publication of initiatives and Legislative Alternatives; inclusion of arguments or explanation; public hearing; notice of hearing

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(1) A pamphlet containing a copy of all initiative measures and legislative alternatives, including the ballot title and ballot summary, arguments or explanations for and against each measure and alternative and the fiscal analysis prepared by the chief legislative budget officer…

Miss. Code Ann. § 23-17-47 Definitions applicable to §§ 23-17-47 through 23-17-59

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(a) For the purposes of Sections 23-17-47 through 23-17-59, the following terms shall have the meanings ascribed to them in this section:(a) “Contribution” means any gift, subscription, loan, advance, money or anything of value made by a person or political committee for the purp…

Miss. Code Ann. § 23-17-49 Statement of organization of political committees; when to file; contents of statement; changes in statement

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(1) Each political committee shall file with the Secretary of State a statement of organization no later than ten (10) days after receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or no later than ten (10) days after having made expenditures aggrega…

Miss. Code Ann. § 23-17-5 Submission of proposed initiative to Attorney General; review; recommendations; certificate of review; filing of proposed initiative and certificate

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Upon receipt of any proposed initiative measure, the Secretary of State shall submit a copy of the proposed measure to the Attorney General and give notice to the person filing the proposed measure of such transmittal. Upon receipt of the measure, the Attorney General may confer …

Miss. Code Ann. § 23-17-51 Political committees and certain individuals to file financial reports; when to file; penalties

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(1) A political committee that either receives contributions or makes expenditures in excess of Two Hundred Dollars ($200.00) shall file financial reports with the Secretary of State. (2) An individual person who on his or her own behalf expends in excess of Two Hundred Dollars (…

Miss. Code Ann. § 23-17-53 Content of financial reports

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(a) A financial report of a political committee, or an individual person, as required by Section 23-17-51, shall contain the following information:(a) The name, address and telephone number of the committee or individual person filing the statement.(b) For a political committee:(…

Miss. Code Ann. § 23-17-55 Required distance from polling place for distributing or posting material concerning initiative measure

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It is unlawful for any person to distribute or post material in support of or in opposition to a measure within one hundred fifty (150) feet of any entrance to a polling place where the election is held.

Miss. Code Ann. § 23-17-57 Unlawful to give or offer consideration to elector

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(1) It is unlawful for a person to give or offer any consideration to an elector to induce the elector to vote for or against a measure. (2) It is unlawful for a person to give or offer any consideration to an elector to induce the elector to sign or not sign a petition for a mea…

Miss. Code Ann. § 23-17-59 Unlawful to interfere with or influence vote of elector

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It is unlawful for a person to interfere with or influence the vote of an elector on a measure by means of violence, threats, intimidation, enforcing the payment of a debt, bringing a suit or criminal prosecution, any threat or action affecting a person’s conditions of employment…

Miss. Code Ann. § 23-17-60 Removal of name from initiative petition due to fraud or coercion

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Any person who alleges that his or her signature on an initiative petition was obtained as the result of fraud or coercion, or that the person was intentionally misled as to the substance or effect of the petition, may have his or her signature removed from the initiative petitio…

Miss. Code Ann. § 23-17-61 Penalties for violating §§ 23-17-49 through 23-17-59

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Any violation of Sections 23-17-49 through 23-17-59 is punishable by imprisonment in the county jail for not more than one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

Miss. Code Ann. § 23-17-7 Assignment of serial number; designation as “Initiative Measure No. .”

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The Secretary of State shall give a serial number to each initiative measure, and forthwith transmit one (1) copy of the measure proposed bearing its serial number to the Attorney General. Thereafter, a measure shall be known and designated on all petitions, ballots and proceedin…

Miss. Code Ann. § 23-17-8 Correction of certain nonsubstantive clerical or technical errors in the section number reference or designation of a proposed constitutional amendment

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When an amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state under the voter initiative procedure set forth in Section 23-17-1, et seq., the Secretary of State, with the approval of the Attorney General, may make a nonsubstantive cl…

Miss. Code Ann. § 23-17-9 Formulation of ballot title and summary of initiative measure

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Within seven (7) calendar days after the receipt of an initiative measure, the Attorney General shall formulate and transmit to the Secretary of State a concise statement posed as a question and not to exceed twenty (20) words, bearing the serial number of the measure and a summa…