Abortion off table as MS House passes ballot initiative reform. See what else is restricted

Grant McLaughlin, Mississippi Clarion Ledger
Updated ·3 min read
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The Mississippi House on Tuesday passed a ballot initiative resolution, which if passed by the Senate, would give voters a ballot initiative process for the first time in three years.

However, as the bill is currently written, Mississippi voters would not be able to begin initiative processes to change abortion laws, the Public Employment Retirement System of Mississippi, to directly appropriate money from the state general fund, change any local law or constitutional amendment.

The resolution also establishes that for any ballot initiative to be brought to a vote during an election, it must have signatures from 8% of the state's registered voters, as well as equal signatures from each of the state's congressional districts.

Rep. Fred Shanks, R, who co-authored the bill, told legislators he and the other writers believe the changes made to ballot initiative process were done so in the interest of making sure both legislative chambers pass the resolution.

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Mississippi State Rep. Fred Shanks, R-Brandon, waves a copy of his proposed resolution that would allow Mississippi residents to put policy proposals on statewide ballots, except for abortion and a few other issues, Wednesday, Jan. 24, 2024, at the Mississippi State Capitol in Jackson. The Republican-dominated House approved the resolution in an 80-36 vote.

"We're just trying to get this to the other side (Senate) to keep negotiating (on this bill)," Shanks said.

The resolution also includes a two-year period for the Legislature to amend any passed initiative with a similar bill or resolution.

Up until 2020, the state had a ballot initiative process. That changed when a group led by long-time Madison Mayor Mary Hawkins-Butler sought to challenge Initiative 65, which legalized medical cannabis, and the entire initiative process in court. The law, they argued, was outdated because it required signatures to come in equal proportion from the state's "five" congressional districts.

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In May 2021, the Mississippi Supreme Court ruled on Butler’s side, putting the state's medical marijuana ambitions in what would ultimately be a temporary pause, but the ballot initiative process into a more lasting limbo.

Debate amongst house members

Only minutes after Shanks introduced the resolution to the floor, House Democrats began to question the changes made to the process, the ethics of having veto power on ballot initiatives, and even if any women representatives were consulted on the language of the bill.

As of the 2024 session, only one woman serves on the House Constitution Committee, Shanda Yates, I. She was not present during the committee meeting Wednesday morning to approve the resolution draft, Shanks said.

Among the objectors to the bill included Democratic Reps. Tracey Rosebud, Robert L. Johnson and Cheikh Taylor, who proposed motions to indefinitely table the resolution, and to change its language to only bring initiatives in line with the four current congressional districts.

"This bill does everything but restore the (voters) rights," Johnson said. "It prohibits what you can talk about. It increases the signatures, and it says if the Legislature doesn't like what you voted for in Mississippi, they can overturn it. This is not direct democracy."

All three attempts to change or stop the resolution from passing failed by a large margin.

Rep. Chris Bell, D, who leads the House Black Caucus, told the House the resolution as introduced to the House was nothing more than an old "Ford Pinto."

"This vehicle is not worthy enough to go across to the Senate," Bell said. "If you ever looked at why the Ford Pinto was the worst vehicle produced … it was because it burst into flames in accidents or collisions. … Where is the liberty and justice in a woman not getting to choose what to do with her body? This room is full of women in here, and we are once again telling them what to do with their bodies … It's not worth it."

Grant McLaughlin covers state government for the Clarion Ledger. He can be reached at gmclaughlin@gannett.com or 972-571-2335.

This article originally appeared on Mississippi Clarion Ledger: MS House ballot initiative bill cuts out abortion reform, other laws