Sunday, September 21, 2025

Bill Crawford: Fordice, Moore Missed in Current Ballot Initiative Talks

A strange thing, by today’s standards, occurred in 1991. Republican gubernatorial candidate Kirk Fordice and Democratic attorney general candidate Mike Moore both championed passage of the ballot initiative process allowing citizens to amend the state constitution. After they took office in 1992, they helped push the proposal through the legislature.

That process worked until the Mississippi Supreme Court threw it out on a technicality in 2021. Since then, the legislature has squabbled over the issue.

House Speaker Jason White now has a select committee looking, again, at restoring the ballot initiative. Well, not exactly.

Speaker White did not say he wants to “restore” anything. He did say, “Mississippians have long requested a process for a ballot initiative to ensure they have a fair and accessible means of influencing state policy.” That is a far cry from “restoring” the 1992 approved process.

The initiative process White has favored to date would prohibit citizens from amending the constitution in any way. The proposals have included language of this sort: “The initiative process shall not be used: (a) To propose any new amendments to or the modification or repeal of any existing provision of this constitution.”

What the Speaker would allow are referenda on initiatives to change statutes – with exceptions. These exceptions would prohibit initiatives that affect abortion, existing local or special laws, any subject the constitution prohibits the legislature from enacting, the state’s bill of rights, PERS, right to work, and the initiative process itself. The last four exist in the current process.

You might ask why the House – and the Senate – don’t simply fix the technical error cited by the Supreme Court and truly restore the initiative process. All that would take is changing the number of congressional districts listed from five to four.

Instead, White and others have expressed concerns that deep-pocketed, out-of-state special interests might try to influence Mississippi's process.

So, we should not be concerned when deep-pocketed, out-of-state special interests come court and lavish gifts on legislators to influence state policy, e.g. free hunting trips, fishing expeditions, beach visits, or even a lavish trip to the Super Bowl (“House Speaker Jason White, staff treated to Super Bowl by gambling giant pushing for legalized betting,” Mississippi Today April 23, 2025). But we should fear such interests trying to influence voters directly?

Hmmm. Emperor White has no clothes to disguise this hypocrisy.

Clearly, the sort of rare leadership Fordice and Moore provided – leaders in power willing to cede power to the electorate – is sorely missed in current ballot initiative talks.

“As you know, the kings and great men of the earth lord it over the people” – Mark 10:42

Crawford is a syndicated columnist from Jackson.

30 comments:

Anonymous said...

Crawford might as well switch parties.

Anonymous said...

They were men of honor and made enough money in the private sector not to have to need a job in government to support their families.

Anonymous said...

Today legislators are cowards. They are reveling in the loss of the ballot initiative due to a technicality. And there is no leader with the balls to force the issue.

Anonymous said...

Wonder why the Republicans in Mississippi are all of a sudden scared to have an abortion initiative on a ballot?

Anonymous said...

The public shouldn't be allowed to change/add laws. Our elected officials know what is best for us. Right comrade?

Anonymous said...

@11:13 AM
Correct. You accurately described our Constitutional Republic. Gold Star for you, kindergartener!

And btw, if you don’t like it then maybe you should try a Democratic People’s Republic like North Korea or Cuba.

Anonymous said...

Let me help you here Bill - the reason they don't just "fix" what you refer to as a 'technicality' in the previous process is because there were other flaws done in 1994 besides just the 'technicality' that you so easily discount as being important.

Over the past thirty years we have learned something - you should recognize that is possible since for the thirty years prior to that enactment, we 'learned' things that were wrong from what was done in the 60's. And in the 70's, we 'learned' things that were wrong that were done in the 30's. You know, its a 'learning' process.

One of the mistakes made in the 90's legislation was including amendments to the constitution that would be presented to the voters with a 70 word description of what it involved; something that's not a process that should be followed when the result is a forever thing. Also, while you might disparage the Speaker on his comments about money influencing (an interesting tie you make, but it also speaks to the problem) it is a lot easier to influence the populace to be for something when you have millions of dollars and those that have differing opinions don't have a monied interest group (one that would end up making billions if the measure is passed) to help explain the reasons its not good policy..

Yes, the Maryjo initiative was a learning experience. The weed industry was/is poised to make billions from their legalization of weed calling it medicinal. Putting it in the constitution with what were later agreed to be ramifications that wouldn't be feasile was what the monied folks wanted; and who was there to raise thousands to combat their millions to explain the reasons it wasn't good polilcy? Nobody ponied up because there was no money to be made to be against it. Same thing applies to most deals, those that are going to make money off them will put money into the process but there is no money to speak to the other side when dealing with the population. That, my friend, is why we have a constitutional republic where we elect people to make those decisions who are paid to study all sides of the question.

A ballot initiative that only deals with statute may be workable, but we 'learned' from the failings of the legislature that you hold so dear. First, we learned what they already knew when the 'technical' issue that you have differences with could have been addressed at the time, just as that same legislature addressed it in another creation that same year - with the new Court of Appeals.

I recognize you don't like the fact that the Supreme Court does have a duty to actually rule on the laws as they are written, and not as you or somebody else thinks they should bend and mold them. But they did their job. And if the legislature decides to reinstate some form of ballot initiative, thankfully they are looking to make sure that whatever might come out of an initiative won't be an amendment to our constitution (as much as it does need some amendments.)

Anonymous said...

We the people simply lack the Super Bowl suite necessary to receive Speaker White and the current leadership’s attention and support. Maybe we should call DraftKings, they seem to understand how to work our constitutional republic

Anonymous said...

Because, on this particular issue - by and large - the majority of Mississippians don't want it on there. It goes against their personal/religious values. So, Democracy in action. That includes most women by the way.

Anonymous said...

Bet

Anonymous said...

The difference between now and then is that now, if you have enough money, you can hire firms to get whatever you want put into the constitution. The 1990s Legislature deliberately put an expiration date on the Initiative Process without saying that they put an expiration date on ghe Initiative Process.

Anonymous said...

Section 273 of the Mississippi Constitution....Amendments to this Constitution may be proposed by the legislature or by initiative of the people. Unfortunately, the supreme court of the state didn't like that black and white language and even though it is STILL IN THE CONSTITUTION we no longer have that right.

Anonymous said...

If people had the right to vote they would pass minimum wage increases, Medicaid expansion, some form of abortion rights, PBM relief for drug stores. and various other things. That will never happen because we are permanently stuck with no way to get anything on the ballot.

Anonymous said...

More black and white language from the state constitution...The people reserve unto themselves the power to propose and
enact constitutional amendments by initiative. It ends with a period. No ifs, ands or buts.

Anonymous said...

American democracy is a scam. You’re free to choose which loser gets the privilege of being named the winner. And even then there is always, if need be, some judge who will upend the results.

Anonymous said...

1:25 pm Have you actually read our state Constitution? There is one whole section dealing with railroads that is nonsensical. No legal scholar or English teacher could make rhyme or reason of it. Compare ours with any other state and you'd be embarrassed. We actually had a Constitution Commission to study other state constitutions to make recommendations on editing and rewrites that met for months. Committees of both local and state elected and appointed citizens who had traveled to every county in Mississippi for input and who worked on different sections presented revisions for consideration. Brad Dye came finally showed up in middle of the presentations just after the lunch break with his band if personal loyalists legislators . They might as well have worn togas as they looked like aging drunk frat boys and ended the entire process with a thumbs down from Dye like Roman Emperor. Then, laughing and wobbling ,they left.
I know some of you see the world in black and white, literally and figuratively, but there were then and now, rational Patriots who put our state and country first and don't seek personal advantage or power or money for ourselves alone. We know there's U.S. depends on citizens seeing " us" united for good purpose.

Anonymous said...

"What we do in life, echoes in maternity" - Sister Act 2

Anonymous said...

Out of curiosity, what abortion rights are you proposing?

Anonymous said...

If can willingly ignore one part of the document, why can't we ignore the technicality regarding 4 congressional districts?

Anonymous said...

“Deep-pocketed, out-of-state special interests might try to influence Mississippi's process.”

A uneasy hush fell over the room. From the back, a single whispered voice spoke up: “The liberals”. The spell broken, more called out, and louder. “GEORGE SOROS!”. “IT’S THE CLINTONS! I’M SURE OF IT!”. “I never trusted that Jimmy Kimmel! He’s one of THEM!”.




Anonymous said...

Sarcasm or comedy, your comment is a dud.

Anonymous said...

If the majority of Mississippians don't want it on a ballot, it stands to reason that any referrendum would fail. So, why does that issue get singled out? We could make a list a mile long of things most people don't want on the ballot.

Unknown said...

@1:25 PM, you made some valid points. Are you aware Article V in our U.S Constitution has two methods to amend the Constitution? The first way is through Congress, which is the way all 27 amendments have become part of that sacred document. However, two days before the closing of the 1787 Constitutional Convention, Colonel George Mason, a delegate from Virginia (also known as the Father of the Bill of Rights), wanted another way for the people to propose amendments. From his debate notes he wrote “It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account”. In other words, how naive are we to think that one day Congress may become so tyrannical they will not do anything to reign in their insatiable hunger for power. So, the 2nd way is through the States by getting 2/3 of the State Legislatures (34) to call a Convention of the States to propose amendments with 3/4 of the States to pass them (the same formula as through the Congress). We the people, just as Colonel Mason believed, should have a mechanism such as a citizen-initiated ballot initiative to propose statutes or constitutional amendments, by collecting signatures to present proposals on the ballot for voters to decide. We can work out the schematics as you mentioned, such as the short and confusing wording on the ballot. Remember, we are mere mortals and many in Jackson severely lack moral authority as do their counterparts in Washington.

Anonymous said...

Rep Ken Stribling got Fordice and Moore together on Initiative in 1994. No one else has connections to both sides. That bill passed after many changes. The Legislature does not like Initiative and will never again pass something that allows the Constitution to be amended by Initiative. This may be the smart way to go because so many ignorant initiatives have made their way onto the ballot. Thank God most of them were defeated. Only the MS Code should be amended by Initiative.

Anonymous said...

Name one. You can't.

Anonymous said...

I can't think of a lot of initiatives that have successfully made their way to the ballot process, but among the best has got to be Voter ID.

Then along comes the Queen of Madison County, robed in purple, crowned with gold....who wrecked the whole damned process just to get her moment of glory.

Anonymous said...

Name one. You can't.

Medical dope.

Anonymous said...

The opinion of one doesn't replace the votes of many. Assuming you pulled a lever during the 'election', you lost. That's how it works. Actually, your *opinion* was worthless. Only your *vote* counted.

Meanwhile, had it been gone through the referendum process and wound up on the ballot, you would have voted to continue, as a criminal offense, oral sex.

Anonymous said...

"Name one. You can't."

I'll try.

Whoever decided to put the state's marijuana laws in the Constitution is an idiot. Marijuana laws are evolving, but it would be impossible to change if it were locked in the Constitution. Should be in the MS Code.

Whoever put the Personhood Amendment on the ballot is another idiot. It was too broad and could have been used to ban birth control and other interpretations. The most pro-life state in the union (Mississippi) voted the measure down.

Whoever put not one but two Term Limits initiatives on the ballot is doubly idiotic. The first TL initiative would have enacted term limits for everyone from dog catcher to Governor. That one woke up all of the little local political machines and was defeated soundly by the voters who decided to keep the power to limit terms in the hands of the people. By the time the second TL initiative got on the ballot, the people had already spoken and it never had a chance.

The initiative that would have placed in the Constitution the earmarking of roughly two-thirds of the state general funds to K-12 education was another boner -- an attempt by arrogant education liberals to pull a bold power grab by placing in the Constitution the mandated spending of most of the General Fund on a perpetually failing education system. Fortunately, the people saw thru this scam. Had it passed, we would not be seeing the great strides in education that have occurred under GOP control of state government.

I struggled to think of even one initiative that was worth a crap, until one of the previous commenters mentioned Voter ID. Finally a good one.

Anonymous said...

That was a "Hail Mary" (no pun intended) attempt to stop weed law from being incorporated in the MS Constitution. It was thought to be unlikely to succeed, but it did. This state is much better off with our elected legislators controlling weed law than to have to put each change on the ballot.


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