Does Mississippi Need a Citizen Initiative?

SENATE CONCURRENT RESOLUTION NO. 518

This bill proposes a Mississippi constitutional amendment to let voters propose, amend, or repeal state statutes by citizen initiative and approve or reject them at the ballot, subject to procedural and subject-matter limits.

Bill basics

• Vehicle: Senate Concurrent Resolution (constitutional amendment)

• Election date: November 2026 general election

• Committees/Referral: Elections

• What it changes: Amends Sections 33, 56, 61, and 72 of the MS Constitution to create an initiative process for statutes (not constitutional provisions).

Key provisions

• Creates initiative power for statutes: People can propose new laws or amend/repeal existing laws by petition and election, independent of the Legislature.

• Limits what initiatives can do: No initiatives for:

  • Constitutional amendments (must go through the constitutional process)

  • PERS laws

  • Local or special laws

  • Subjects the Constitution bars the Legislature from enacting

  • Measures that “deprive” a human being (as defined in statute) of the right to life

• Ballot access rules:

  • Signatures equal to 10% of active registered voters collected over 12 months

  • 33-1/3% cap from any single congressional district

  • SOS decides sufficiency, with MS Supreme Court original/exclusive jurisdiction for challenges

• Fiscal guardrails: Sponsors must identify revenue sources; if substantial cost/expenditure, must provide a funding mechanism; cannot redirect funds from one agency to another; cannot require deficit spending.

• Voting thresholds:

  • Generally: majority approval and at least 40% of total votes cast in that election

  • If “substantial cost” initiative: majority approval and at least 60% of total votes cast

• Legislative involvement option: Legislature may adopt or amend; if amended, voters see both versions.

• Governor: Initiatives are not subject to gubernatorial veto and do not require signature.

• Two-year lock: No substantive legislative amendment/repeal for 2 years, unless extenuating circumstances and 3/5 vote of each chamber.

Liberty analysis

Pros (liberty-aligned)

• Checks the political class: Creates a direct mechanism for citizens to override entrenched interests and legislative inaction, consistent with a decentralizing, anti-cartel view of government power.

• Built-in fiscal restraint features: Requiring funding identification, restricting deficit spending, and higher thresholds for costly measures reduces the risk of pure “ballot-box budgeting.”

• Statutory-only initiative: Keeping constitutional amendments off-limits prevents frequent, shifting constitutional policy via campaigns.

Cons (liberty risks)

• Majoritarian risk: Initiatives can still be used to expand government, regulate, or tax through emotional campaigns and low-information elections.

• Process restrictions: The in-state residency requirement for petition circulators and the cap by congressional district can be viewed as participation constraints (even if justified as anti-fraud measures).

• Two-year lock-in: Can entrench bad policy temporarily if a poorly drafted initiative passes.

Recommendation

Support