Mississippi, USA, regional Obligatory referendum [LOR] - Amendment

General Typology

Instrument
Obligatory referendum [LOR]
Location
Mississippi, USA
Political level
regional
Local Name:
Amendment
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Mississippi Constitution, Article XV, Section 273
(1) Amendments to this Constitution may be proposed by the Legislature or by initiative of the people.
(2) Whenever two-thirds (2/3) of each house of the Legislature, which two-thirds (2/3) shall consist of not less than a majority of the members elected to each house, shall deem any change, alteration or amendment necessary to this Constitution, such proposed amendment, change or alteration shall be read and passed by two-thirds (2/3) vote of each house, as herein provided; public notice shall then be given by the Secretary of State at least thirty (30) days preceding an election, at which the qualified electors shall vote directly for or against such change, alteration or amendment, and if more than one (1) amendment shall be submitted at one (1) time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately [...]
(7) If the Legislature amends an initiative, the amended version and the original initiative shall be submitted to the electors. An initiative or legislative alternative must receive a majority of the votes thereon and not less than forty percent (40%) of the 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 same election, the initiative or legislative alternative receiving the highest number of affirmative votes shall prevail.
(8) 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 ballot titles of both such measures shall be so printed on the official ballots that a voter can express separately two (2) preferences: First, by voting for the approval of either measure or against both measures, and, secondly, by voting for one measure or the other measure. If the majority of those voting on the first issue is against both measures, then both measures fail, but in that case the votes on the second issue nevertheless shall be carefully counted and made public. If a majority voting on the first issue is for the approval of either measure, then the measure receiving a majority of the votes on the second issue and also receiving not less than forty percent (40%) of the total votes cast at the election at which the measure was submitted for approval shall be law.
[...]

Source: Mississippi Constitution of 1890 (accessed 7 Juli 2017)

Subject Matter:

enacting constitutional amendments via obligatory referendum

Actors

Author:
Legislature : 2/3 of both houses and at least a majority of the members in both houses
Initiator:
Law : Constitution
Decision maker:
Electorate : Passes with the affirmative votes of a majority voting on the amendment or, when it is an amended or alternative version of an initiative, with the affirmative votes of a majority voting on it as well as at least 40% of the total number of votes at the election (Mississippi Constitution, Article XV, Section 273, (2) & (7)).

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Amendments must receive a majority of the vote on them. Amended initiatives or alternative amendments also require at least 40% of the total number of votes at the election (Mississippi Constitution, Article XV, Section 273, (2) & (7)).
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

Mississippi Constitution, Article XV, Section 273
[...]
(2) [...] if more than one (1) amendment shall be submitted at one (1) time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately [...]
[...]
(6) [...] 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.
[...]
(8) [...] Substantially the following form shall be a compliance with this subsection:
INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE
Initiative Measure No. __________, entitled (here insert the ballot title of the initiative measure).
Alternative Measure No. __________ A, entitled (here insert the ballot title of the alternative measure).
VOTE FOR APPROVAL OF EITHER, OR AGAINST BOTH:
FOR APPROVAL OF EITHER Initiative No. ____
OR Alternative No. ____ A ............................................( )
AGAINST Both Initiative No. ____
AND Alternative No. ____ A ...........................................( )
AND VOTE FOR ONE
FOR Initiative Measure No. ____ ......................................( )
FOR Alternative Measure No. ____ A ...................................( )
[...]

Mississippi Code of 1972
§ 23-17-33
For [alternative measures proposed by legislature] 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 which it is proposed, and shall indicate, as clearly as possible, the essential differences in the measure.

Source: Mississippi Constitution of 1890 (accessed 7 Juli 2017) and Mississippi Code of 1972 (accessed 7 Juli 2017)

Interaction With Authorities:
Supervision And Support:

Mississippi Code of 1972
§ 23-17-45
(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 shall be compiled by the Secretary of State. The sponsor may prepare the argument or explanation on the measure. If the sponsor does not prepare the argument or explanation, then the Secretary of State shall do so. Each argument or explanation shall not exceed three hundred (300) words. The Secretary of State shall publish the ballot title, ballot summary, full text of each measure and arguments or explanations for and against each measure and alternative once a week for three (3) consecutive weeks immediately preceding the election in at least one (1) newspaper of general circulation in each county of the state. The costs of such printing and publication shall be borne by the Secretary of State from funds appropriated by the Legislature.
(2) The Secretary of State shall conduct at least one (1) public hearing in each congressional district on each measure to be placed on the ballot and shall give public notice thereof at least thirty (30) days before a hearing.

Source: Mississippi Constitution of 1890 (updated June 2013) and Mississippi Code of 1972 (accessed 7 Juli 2017)

Transparency And Finance:

Practice

Archive:
Remarks: