Sunday, February 7, 2021

Initiative Fix Moves Forward in Senate

 The Senate Committee on the Mississippi Constitution took all of two minutes to pass a resolution that will amend the initiative and referendum procedures in the Mississippi Constitution on February 1. 

The proposed amendment will fix the flawed signature requirement that is the subject of a court fight over the medical marijuana initiative.  Madison Mayor Mary Hawkins Butler petitioned the Mississippi Supreme Court in October to strike down Initiative 65.  She argued the Secretary of State improperly placed it on the ballot because it violated Section 273 of the Mississippi Constitution. Section 273 states: 

 (3)  The people reserve unto themselves the power to propose and enact constitutional amendments by initiative. An initiative to amend the Constitution may be  proposed by a petition signed over a twelve-month period by qualified electors equal in number to  at least twelve percent (12%) of the votes for all candidates for Governor in the last gubernatorial election. The signatures of the qualified electors from any congressional district  shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an  initiative petition for placement upon the ballot. If an initiative petition contains signatures from a single congressional district which exceed  one-fifth (1/5) of the total number of required signatures, the excess number of signatures from  that congressional district shall not be considered by the Secretary of State in determining  whether the petition qualifies for placement on the ballot.

The problem is Mississippi lost a congressional district after the 2000 census but the Legislature never modified Section 237 to adapt to the new reality.  Mayor Mary and Madison argue since Mississippi only has four Congressional districts, each district has 25% of the signatures.  25% is more than 20% and thus violates Section 273.

Seven bills that would fix the language have been filed over the years but all died in committee.   

Senate Concurrent Resolution #501 states each congressional district can have no more than 25% of all signatures for a petition to place an initiative on the ballot. The initiative shall contain no more than one "proposal of law."  Status of resolution. 

Kingfish note: Sounds like leadership is going to make sure this goes through this year.   


22 comments:

Jess Wondrin said...

"Seven bills that would fix the language have been filed over the years but all died in committee."

Rhetorical question: Why does a legislature routinely vote to fix things that ain't broke and refuse that opportunity on seven separate occasions?

Anonymous said...

What does this mean to the lawsuit? Does this to a statewide vote?

They Blinked said...

Mayor Mary: 1
Legislature: 0

Iron Bank of Bravos said...

Can a state government be named as an enterprise in a civil Rico case? Of course it can.

They can fix this or I’m filing and yes I can finance such litigation.

Anonymous said...

Looks like Mary is going to win the lawsuit.

The Initiatives passed since 2001 will be nullified.

Anonymous said...

Thanks Reeves. Another instance when you screwed the public for 8 years as Lt. Governor. Maybe just maybe if you didn’t let the naming of state highways after people take up your valuable time you could have actually passed meaningful legislation. Willing to bet the fixes that were dropped to fix this cluster were sent to two committees including the Transparency committee under your leadership.
You deserve every bit of harassment you are receiving as Governor.
Did you actually believe the legislators would forget the authoritarian regime you created in the Senate?
Short but wide piece of human excrement.

Anonymous said...

It means that this constitutional amendment to fix section 273 will have to be placed on the ballot for a statewide vote. Legislators realize Mayor Mary is likely to be successful before the Supreme Court - so much so that are handling a medical marijuana bill this session to enact what their inaction screwed up. Medical marijuana just want be constitutionally protected.

Anonymous said...

It's obvious that the state Supreme Court is dragging it's feet so that the Legislature can pass Medical Marijuana. It appears that the SC will side with the Mayor and the Republican legislature will pass their vetted legislation in response. The will of the people be damned.

Anonymous said...

5:08, the law is what judges are supposed to rule upon. And the law is clear in this case. Finally, we have two adults leading the House and Senate, so this (and other things) will be dealt with without requiring a large political donation.

Anonymous said...

201 AM. I guess you just forgot to include Speaker Gunn in your excrement- since some of the bills died in the House as well. And former Governor Bryant, since some died back when he was Lite Governor.

Guess the real deal is you just wanted the highway boys to get their guy, Waller, as Governor and are looking for another opportunity to spew out of your mouth what normally comes out of a lower orafice.

Anonymous said...

Yeah I have to agree with 6:55AM. I don't see this as a bad thing unless you think judicial activism is a good thing. The text of the law is clearly broken and judges are not legislators. It's bad that it's taken 21 years to fix a relatively minor problem, but also good that it was finally fixed.

Anonymous said...

#TATEReeves2023

Tokin' On A Blanket At Strawberry Patch Park said...

"Iron Bank of Bravos said...Can a state government be named as an enterprise in a civil Rico case? Of course it can. They can fix this or I’m filing and yes I can finance such litigation."

Go ahead and piss away your filing and attorney fees. You won't be able to demonstrate harm.

If The Queen is successful, we can look forward to a state-run program that parallels the well-oiled machinery of the Alcohol Beverage Control Commission. The pot shop in Madison will have three spires strike that - FOUR) and mauve cinder-blocks and Phil Bryant can do the commercials on Super-Squawk.

Anonymous said...

That the legislature is fixing an obvious problem has nothing to do with where the Supreme Court might be leaning. In fact, it signals that the intent of the legislature is to have a pathway for citizens to initiate the ballot process.

Anonymous said...

There is a pending federal bill to legalize marijuana. If that passes, what does it mean for Mississippi?

Anonymous said...

12:15 I highly doubt anyone is willing to give up Voter ID on this.

Anonymous said...

The only people who believe medical marijuana is harmful are those that believe the vaccine contains microchips. Hello, everyday you carry a cellphone around, log into a computer, answer an email, you are already being tracked. Mayor Baptist and Gov Baptist can't stop the demand for it. The state will landslide vote for it and recreational use of it. Less harmful than alcohol beverages and there is nothing they can do about it. Walk into the future MS, along with having a lottery that sends children to college, pays for roads, and other infrastructure. Do you really think the casinos have been operating here due to out of state visitors? No, it is those hidden Baptist that keep these casinos running. Stop hiding in the liquor stores, we know you stop there and get you wine, we also have run into to several ministers at the casinos, legalize it, help people get off really dangerous and addicting drugs. I can name NAMES!

Anonymous said...

Bomgar knew
1) about the Congressional districts matter the whoe
Time.
2) Banks will not accept $ from sales of....
3) This would be challenged

Has he moved to Honduras yet? Growing his week there to ship back to US.

Watch Marcus Dupree also.. just saying
Can’t wait for them to lose.

Anonymous said...

I thought Marcus, Deuce and Winder were all mixed up in the third Madison County Dump Site.

Anonymous said...

Hey @6:55 exactly which two adults are we talking about here? The same lazy legislators in office now are no better than the clowns that were there twenty years ago. Anyone who thinks the Legislature finally came to their senses and did the right thing after 20 years are numb on both ends. The legislature had no intention of allowing the voters to change the constitution I mean why would we need them if we can pass our own laws. So they sat on 273 for twenty years. Oh they side stepped the problem when it came to voter ID or Eminent Domain but no way are we really gonna fix anything.

They also could have passed medical marijuana decades ago but to hell with that, why risk their jobs because it may help someone.They hoped the voters would vote down prop 65 but the voters screwed them big time and didn’t pass their bullshit 65A. Now their left holding the bag with some pissed off voters who know they sat on their thumbs. The also know that a million Mississippians voted for MM and will probably hold them accountable come the next elections

But low and behold the Queen Mary has come to their rescue. Filing the lawsuit gives them time to try and pass 2764 or 2765. Both are super restrictive and tax the piss out of MM. This tells me the Supreme Court will screw the voters over and kill prop 65. If they don’t have some bullshit law passed that they can con the voters with it could be bad news for them and they know it. And why does the Legislature get away with this foolishness? Because we let them that’s why!

Anonymous said...

The Mississippi Legislature does NOT care about the will of the state's people.....vote every one of them out.

Amy Tuck's Truck said...

Question Remains: Will Mary show up at the Supreme Court, drivin' that fifteen year old, smoke Belchin', mini-truck with the 'not for sale' and 'Mayor Mary' bumper stickers? It won't be fit for proper news coverage unless she does?



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