Wednesday, April 21, 2021

Sid Salter: Voter Initiative Ruling Will Impact Medicaid Expansion, Voting Change Efforts

  The Mississippi Supreme Court has heard arguments in a case that not only decides the fate of a voter initiative authorizing a medical marijuana program in Mississippi but may well decide the future of the state’s entire voter initiative process.

In the 2020 elections, Mississippi voters overwhelmingly approved a voter initiative authorizing a medical marijuana voter initiative as outlined in Initiative 65 over the express objections of the majority of legislative leaders.

The voters gave Initiative 65 a 73.7 percent approval while giving the legislative alternative Initiative 65A only 26.3 percent of the vote. The pro-marijuana initiative outpolled Republican incumbent President Donald Trump by some 20 percentage points with state voters – even outpolling the state’s 72.98 percent decision to change the state flag.

So now, a group of judges on the state’s highest court – all of whom will face those same voters in future elections – must now decide the fate of a lawsuit challenging not to the marijuana plan approved by voters, but the voter initiative process they used to get it on the ballot.

In October of 2020, a legal challenge ensued from Madison Mayor Mary Hawkins Butler questioning the legality of Secretary of State Michael Watson’s certification of the initiative to be placed on the ballot based on the contention that it was done in violation of Section 273 of Article 15 of the Mississippi Constitution: “The signatures of the qualified electors from any congressional district shall not exceed one-fifth of the total number of signatures required to qualify an initiative petition for placement upon the ballot.”

The problem is that Mississippi’s initiative process was adopted in 1992 when Mississippi had five congressional districts. Following the 2000 Census, Mississippi was one of 18 states that lost a congressional district — moving from five to the present four — but the procedures guiding the initiative process were never updated by the Legislature to reflect the change.

Both Watson and his predecessor, now Lt. Gov. Delbert Hosemann, say they relied on opinions from the state Attorney General’s Office in following the 1992 voter initiative guidelines for certifying signatures.

Now the state Supreme Court has to decide this contentious issue. Politically, the stakes are high for the Legislature and for the judges themselves. Historically in Mississippi, elected officials who directly undo the actions of the voters tend to find themselves struggling at the polls.

For lawmakers, the political sword has at least two distinct edges. First, as in the case of medical marijuana, the Legislature has had the opportunity to dispose of contentious issues and decided instead to kick the political can down the road.

But supporters of similarly contentious or politically difficult issues went to school on the success of the medical marijuana initiative. Advocates of issues like Medicaid expansion and other issues believe that they can also be successful in side-stepping lawmakers and going straight to the voters to get action on their issues.

Lawmakers, legal analysts, and journalists have previously raised questions about the five districts versus four districts contradiction in the law. The court clearly isn’t just ruling on the medical marijuana initiative, but the validity of the entire voter initiative process.

Is this merely a minor procedural error or a fatal flaw that invalidates every voter initiative adopted under the flawed language?

The initiative process in Mississippi is one that was designed by the Mississippi Legislature to be difficult for those citizens who wish to circumvent lawmakers and get into the business of directly writing or changing laws for themselves.

Since 1993, there have been 66 instances in which various Mississippi citizens or groups have attempted to utilize the state’s initiative process. Like a carton of milk left unconsumed, 52 of those attempts simply expired — dying on the legal vine for lack of certified signatures or other procedural deficiencies. Voter initiatives are advanced civics and fail easily.

But the Legislature has to be closely watching this decision because more effective activism in the voter initiative process is a sure thing if the process survives judicial review.


Sid Salter is a syndicated columnist. Contact him at




Anonymous said...

The voters gave Initiative 65 a 73.7 percent approval while giving the legislative alternative Initiative 65A only 26.3 percent of the vote

Previously detailed on JJ as incorrect.

Anonymous said...

I believe that if 74% of voters approve of this and these same voters elect the Supreme Court judges, and I were one of these justices. I would do all I need to to enact this law.

Anonymous said...

Translation: "The sky is going to fall if our judges strictly construe the constitution. And we'll make them pay if they do that."

Anonymous said...

"Journalist" malpractice.

Anonymous said...

8:51am It's a pity when "strict construction of the Constitution" is an excuse to believe it's not the 21st century and that neither common sense, the common good of society, or reason should allow a judge to consider what century this is.

Some of us know, since we can read their intent in their letters that all Constitutions were written to be broad and general enough to be flexible to the times. The Founder actually understood that they were not psychic.

Kingfish said...

Except this is not about a due process clause but a specifically prescribed set of procedures in the state constitution. For example, if the Constitution says 3rd Saturday of the month for something, you can't just say it means Thursday or Tuesday.

Anonymous said...

"The voters gave Initiative 65 a 73.7 percent approval..."

Not that it matters worth a tinker's damn, but Gerard says it was 63% and he obsesses daily over being correct.

That it passed by 50% + 1 is irrelevant to the decision before the court today.

JT said...

Well Sid for the first time in awhile I agree with you. Seems to me our legislators love to cut off their noises to spite their faces. Marijuana bills have been brought up some twenty times to the legislature and every time they’ve killed them. All this crap could have been avoided had they just worked with the voters and compromised. Sometimes legislators who don’t give a rats ass what voters want have to dragged kicking a screaming into reality. Medical marijuana is that reality and a million Mississippians voted to make it happen. Should legislators again refuse to compromise they will be kicked to the curb

Anonymous said...

The initiative process should be scrapped and re-written. One, to make it easier for voters to get something on the ballot. And, two, to allow initiatives to enact LAWS, and NOT to tinker with the Constitution. The latter is unnecessary, and potentially dangerous.

Anonymous said...

When initiatives make it to the ballots they are purposefully convoluted and vague for most voters to understand. Adequate education funding and the flag were laughable choices on the ballots. I recall JT instructing listeners to vote one way then correcting himself to instruct voting the opposite way re education funding.

Mississippi politics is such a corrupt and laughable government that the rest of the nation laughs at us. Even Illinois and New Jersey recognizes how outrageous Jackson is.

Anonymous said...

KF, I understand, but if the failure is not that of the voters or those who crafted and signed the initiative, then it's a political ploy/game to make sure initiatives don't succeed by deliberately putting in a loophole to sabotage initiatives or through legislative incompetence.

Strict construction is a euphemism these days for ignoring historical context or intent and being literal sentence by sentence as if there are no paragraphs.

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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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