Both legislative chambers agreed this year that Mississippi should have a statutory ballot initiative process. House members sought to keep the current constitutional language regarding signature requirements for getting an initiative on the November ballot, but Senate lawmakers wanted to double it. Matt Steffey, Professor of Law at Mississippi College School of Law, says neither option would have the same effect as the now-obsolete process.
“Putting something as a statute rather than the constitution means that the legislature can change it whenever they want. The minute it’s implemented the legislature can come in and repeal it, amend it, or do whatever it wants with it,” says Steffey. “So that seems to me to be more about the appearance of offering an initiative process than the reality of one. And thus a placebo.”
The final measure relating to the initiative process, SCR 533, died on the calendar yesterday as Republican Senator John Polk chose to pass on a vote to concur or invite conference.
It has been nearly two years since courts ruled the process unconstitutional, and this is the second session lawmakers have chosen to not amend it. Dr. John Gaudet of Hattiesburg had filed to get an initiative on the ballot in 2021 prior to the court ruling. He says Mississippians deserve the power to directly affect policy.
Dr. Gaudet says “It was a way for citizens to let their wishes be known. For legislators to be able to understand where Mississippians stand on an issue. Because this is a very rural state, and it’s hard I think just through the ballot box alone for Mississippians to let their wishes be known.”
If SCR 533 had been passed, it would have prevented voters from filing any initiative related to abortion.
