Constitution; amend to provide that the people have the right to propose new statutes and amend or repeal existing statutes.
The proposed amendments emphasize that legislative authority is not solely vested in the state legislature but also in the electorate. It outlines the parameters under which citizens can propose legislative initiatives, including the requirement of a petition with signatures equaling at least twelve percent of the votes cast for governor in the last gubernatorial election. The resolution also delineates circumstances where the initiative process cannot be used, such as modifications involving the Bill of Rights or the state’s public retirement systems.
House Concurrent Resolution 35 (HC35) proposes amendments to the Mississippi Constitution of 1890, specifically Sections 33, 56, 61, and 72, that would empower the citizens of Mississippi to propose new laws as well as amend or repeal existing laws through an initiative process. This resolution aims to introduce a mechanism for direct democracy, allowing citizens to bypass the legislature for certain legislative actions. If passed, it would be presented to voters during the election on the first Tuesday after the first Monday of November 2024.
Significant points of contention surrounding HC35 include the potential implications for state governance and the balance of power between the legislature and voters. Proponents of the reform argue that it fosters greater civic engagement and legislative responsiveness to public needs. Conversely, critics express concerns regarding the risks of impulsive legislation and the challenges of managing the initiative process effectively. They argue that essential legislative duties should remain within the purview of elected representatives, who are considered more accountable and deliberative.
Another noteworthy aspect of the proposed legislation is the provision that initiative measures, once approved by voters, will not require the governor's signature to be enacted and cannot be amended or repealed by the legislature for two years unless an emergency situation arises. This establishes a new layer of legislative procedure and could affect how laws are proposed and passed in Mississippi in the future.