Constitution; amend to provide that the people have the right to propose new laws or amend existing laws by initiative.
Impact
If adopted, HC40 would enhance the legislative power of Mississippi's citizens by codifying their right to propose laws through initiatives, thereby complicating the current legislative process. The measure stipulates that to be approved, an initiative must secure a majority of votes and a minimum of forty percent of total votes cast in the election. Furthermore, it defines the procedure for how initiatives are to be proposed, circulated, and approved, emphasizing the role of citizens in shaping laws that reflect their needs and priorities.
Summary
House Concurrent Resolution 40 (HC40) proposes an amendment to Section 33 of the Mississippi Constitution of 1890, aiming to grant the people the right to initiate legislation and to amend or repeal existing laws through a process independent of the Legislature. This amendment seeks to enhance democratic engagement by allowing voters to propose new laws directly via a petition process, which requires signatures from qualified electors equivalent to at least twelve percent of the votes cast for governor in the last gubernatorial election. The bill is particularly significant as it represents a shift towards greater public involvement in state legislative processes.
Contention
There are notable points of contention surrounding HC40. Proponents argue that the amendment could empower voters and increase governmental accountability by incorporating citizen perspectives into legislative decisions. They contend that it serves as a tool for direct democracy, allowing public input and influence over state laws. Conversely, opponents raise concerns about potential misuse of the initiative process, such as the risk of well-funded interest groups pushing through legislation that may not reflect the broader will of the people. Additionally, there are fears about the complications and administrative burdens that could arise from managing the initiative process and ensuring the integrity of petitions.
Implementation
The bill outlines specific requirements for the initiative process, including guidelines for how petitions must be circulated and verified, and it mandates that any initiative measure which incurs significant costs to the state must also include a description of funding sources. These provisions aim to prevent financial burden and ensure that proposed laws are fiscally responsible. The amendment also specifies that conflicting measures approved in the same election would require the one with the highest affirmative votes to take precedence, highlighting the complexity of potential electoral outcomes.
Constitution; signatures from any congressional district cannot exceed certain fractional portion of total number of signatures required for initiative petition.