Constitutional Amendments in Mississippi

Amendments to the Mississippi Constitution of 1890 can be proposed either by the Legislature by a 2/3 vote of both houses or by a citizens’ initiative supported by 12% of the number of voters in the last Governor’s race. In both examples there is an election for the people to vote on the proposed amendment. Either way, only the people of the state are vested with the final power of amendment of the Mississippi Constitution and that power is plenary. However, as discussed on the next page, there are limitations on amendments by initiative that are not applicable to legislatively sponsored constitutional amendments.

If an amendment is submitted by the Legislature, it requires only a majority vote in the subsequent election. A citizens’ initiative requires a majority of votes cast thereon, but not less than 40% of the total votes cast, a larger majority, than if legislatively sponsored.

Neither a constitutional amendment proposed by the Legislature, nor a statute enacted are subject to the unusual provision that prohibits use of the initiative process to amend the bill of rights. Proposed constitutional amendments are not subject to gubernatorial veto.

9 Chevron USA, Inc. v. State, 578 So.2d 644 (Miss. 1991).