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MISSISSIPPI
CONSTITUTION OF THE STATE OF MISSISSIPPI
ADOPTED NOVEMBER
1, A.D., 1890
Beginning Section
ARTICLE 1.
DISTRIBUTION OF POWERS 1
ARTICLE 2. BOUNDARIES
OF THE STATE 3
ARTICLE 3. BILL OF
RIGHTS 5
ARTICLE 4. LEGISLATIVE
DEPARTMENT 33
ARTICLE 5.
EXECUTIVE 116
ARTICLE 6.
JUDICIARY 144
ARTICLE 7.
CORPORATIONS 178
ARTICLE 8.
EDUCATION 201
ARTICLE 9.
MILITIA 214
ARTICLE 10. THE
PENITENTIARY AND PRISONS 223
ARTICLE 11.
LEVEES 227
ARTICLE 12.
FRANCHISE 240
ARTICLE 13.
APPORTIONMENT 254
ARTICLE 14. GENERAL
PROVISIONS 257
ARTICLE 15. AMENDMENTS
TO THE CONSTITUTION 273
CONSTITUTION OF
THE STATE OF MISSISSIPPI
ADOPTED NOVEMBER 1,
A.D., 1890
PREAMBLE
We, the people of Mississippi in convention assembled, grateful to
Almighty God, and invoking his blessing on our work, do ordain and
establish this constitution.
ARTICLE 1
DISTRIBUTION OF POWERS
SECTION 1. Powers of government.
SECTION 2. Encroachment of power.
SECTION 1.
The
powers of the government of the state of Mississippi shall be divided
into three distinct departments, and each of them confided to a separate
magistracy, to-wit: those which are legislative to one, those which are
judicial to another, and those which are executive to another.
SOURCES: 1817 art II §1; 1832 art II §1; 1869 art III §1.
SECTION 2.
No
person or collection of persons, being one or belonging to one of these
departments, shall exercise any power properly belonging to either of
the others. The acceptance of an office in either of said departments
shall, of itself, and at once, vacate any and all offices held by the
person so accepting in either of the other departments.
SOURCES: 1817 art II §2; 1832 art II §2; 1869 art III §1.
ARTICLE 2
BOUNDARIES OF THE
STATE
SECTION 3. Repealed.
SECTION 4. Acquisition of territory; disputed boundaries.
SECTION 3.
Repealed.
NOTE: Former
Section 3 stated the limits and boundaries of the state of Mississippi.
The repeal of Section 3 was proposed by Laws of 1990, Ch.
692, Senate Concurrent Resolution No. 520, and upon ratification by the
electorate on November 6, 1990, was deleted from the Constitution by
proclamation of the Secretary of State on December 19, 1990.
SECTION 4.
The
legislature shall have power to consent to the acquisition of additional
territory by the state, and to make the same a part thereof; and the
legislature may settle disputed boundaries between this state and its
coterminus states whenever such disputes arise.
ARTICLE 3
BILL
OF RIGHTS
SECTION 5. Government originating in the people.
SECTION 6. Regulation of government; right to alter.
SECTION 7. Secession prohibited.
SECTION 8. Citizens of state.
SECTION 9. Subordination of military to civil power.
SECTION 10. Treason.
SECTION 11. Peaceful assemblage; right to petition government.
SECTION 12. Right to bear arms.
SECTION 13. Freedom of speech and press; libel.
SECTION 14. Due process.
SECTION 15. Slavery
and involuntary servitude prohibited; punishment for crime.
SECTION 16. Ex post facto laws; impairment of contract.
SECTION 17. Taking property for public use; due compensation.
SECTION 18. Freedom of religion.
SECTION 19. Repealed.
SECTION 20. Specific term of office.
SECTION 21. Writ of habeas corpus.
SECTION 22. Double jeopardy.
SECTION 23. Searches and seizures.
SECTION 24. Open courts; remedy for injury.
SECTION 25. Access to courts.
SECTION 26. Rights of accused; state grand jury proceedings.
SECTION 26-A. Victims’ rights; construction of provisions;
legislative authority.
SECTION 27. Proceeding by indictment or information.
SECTION 28. Cruel or unusual punishment prohibited.
SECTION 29. Excessive bail prohibited; revocation or denial of bail.
SECTION 30. Imprisonment for debt.
SECTION 31. Trial by jury.
SECTION 32. Construction of enumerated rights.
SECTION 5.
All
political power is vested in, and derived from, the people; all
government of right originates with the people, is founded upon their
will only, and is instituted solely for the good of the whole.
SOURCES: 1817 art I §2; 1832 art I §2.
SECTION 6.
The
people of this state have the inherent, sole, and exclusive right to
regulate the internal government and police thereof, and to alter and
abolish their constitution and form of government whenever they deem it
necessary to their safety and happiness; provided, such change be not
repugnant to the constitution of the United States.
SOURCES: 1817 art I §2; 1832 art I §2.
SECTION 7.
The
right to withdraw from the Federal Union on account of any real or
supposed grievance, shall never be assumed by this state, nor shall any
law be passed in derogation of the paramount allegiance of the citizens
of this state to the government of the United States.
SOURCES: 1869 art I §20.
SECTION 8.
All
persons, resident in this state, citizens of the United States, are
hereby declared citizens of the state of Mississippi.
SOURCES: 1869 art I §1.
SECTION 9.
The
military shall be in strict subordination to the civil power.
SOURCES: 1869 art I §25.
SECTION 10.
Treason
against the state shall consist only in levying war against the same or
in adhering to its enemies, giving them aid and comfort. No person shall
be convicted of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court.
SOURCES: 1817 art VI §3; 1832 art VII §3; 1869 art I §26.
SECTION 11.
The
right of the people peaceably to assemble and petition the government on
any subject shall never be impaired.
SOURCES: 1817 art I §22; 1832 art I §22; 1869 art I §6.
SECTION 12.
The
right of every citizen to keep and bear arms in defense of his home,
person, or property, or in aid of the civil power when thereto legally
summoned, shall not be called in question, but the legislature may
regulate or forbid carrying concealed weapons.
SOURCES: 1817 art I §23; 1832 art I §23; 1869 art I §15.
SECTION 13
The
freedom of speech and of the press shall be held sacred; and in all
prosecutions for libel the truth may be given in evidence, and the jury
shall determine the law and the facts under the direction of the court;
and if it shall appear to the jury that the matter charged as libelous
is true, and was published with good motives and for justifiable ends,
the party shall be acquitted.
SOURCES: 1817 art I §§ 6, 7, and 8; 1832 art I §§ 6, 7, and 8; 1869
art I §4.
SECTION 14.
No
person shall be deprived of life, liberty, or property except by due
process of law.
SOURCES: 1817 art I §10; 1832 art I §10; 1869 art I §2.
SECTION 15.
There
shall be neither slavery nor involuntary servitude in this state,
otherwise than in the punishment of crime, whereof the party shall have
been duly convicted.
SOURCES: 1869 art I §19.
SECTION 16.
Ex post
facto laws, or laws impairing the obligation of contracts, shall not be
passed.
SOURCES: 1817 art I §19; 1832 art I §19; 1869 art I §9.
SECTION 17.
Private property shall not be taken or damaged for public use, except on
due compensation being first made to the owner or owners thereof, in a
manner to be prescribed by law; and whenever an attempt is made to take
private property for a use alleged to be public, the question whether
the contemplated use be public shall be a judicial question, and, as
such, determined without regard to legislative assertion that the use is
public.
SOURCES: 1817 art I §13; 1832 art I §13; 1869 art I §10.
SECTION 18.
No religious test as a qualification for office shall be required; and
no preference shall be given by law to any religious sect or mode of
worship; but the free enjoyment of all religious sentiments and the
different modes of worship shall be held sacred. The rights hereby
secured shall not be construed to justify acts of licentiousness
injurious to morals or dangerous to the peace and safety of the state,
or to exclude the Holy Bible from use in any public school of this
state.
SOURCES: 1817 art I §§3and 4; 1832 art I §§3 and 4; 1869 art I §23.
SECTION 19.
Repealed.
NOTE: Former
Section 19 prohibited dueling and both disenfranchised and disqualified
persons involved in a duel from holding public office.
The repeal of Section 19 was proposed by Laws of 1977, ch.
584, Senate Concurrent Resolution No. 528, and upon ratification by the
electorate on November 7, 1978, was deleted from the Constitution by
proclamation of the Secretary of State on December 22, 1978.
SOURCES: 1817 art VI
§2; 1832 art VII §2; 1869 art I §27; Laws 1977, ch. 584, effective
December 22, 1978.
SECTION 20.
No person shall be elected or appointed to office in this state for life
or during good behavior, but the term of all officers shall be for some
specified period.
SOURCES: 1817 art VI §12; 1832 art I §30; 1869 art I §29.
SECTION 21.
The privilege of the writ of habeas corpus shall not be suspended,
unless when in the case of rebellion or invasion, the public safety may
require it, nor ever without the authority of the legislature.
SOURCES: 1817 art I §13; 1832 art I §13; 1869 art I §5.
SECTION 22.
No person's life or liberty shall be twice placed in jeopardy for the
same offense; but there must be an actual acquittal or conviction on the
merits to bar another prosecution.
SOURCES: 1817 art I §13; 1832 art I §13; 1869 art I §5.
SECTION 23.
The people shall be secure in their persons, houses, and possessions,
from unreasonable seizure or search; and no warrant shall be issued
without probable cause, supported by oath or affirmation, specially
designating the place to be searched and the person or thing to be
seized.
SOURCES: 1817 art I §9; 1832 art I §9; 1869 art I §14.
SECTION 24.
All courts shall be open; and every person for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of
law, and right and justice shall be administered without sale, denial,
or delay.
SOURCES: 1817 art I §14; 1832 art I §14; 1869 art I §28.
SECTION 25.
No person shall be debarred from prosecuting or defending any civil
cause for or against him or herself, before any tribunal in the state,
by him or herself, or counsel, or both.
SOURCES: 1817 art I §29; 1832 art I §29; 1869 art I §30.
SECTION 26.
In all criminal prosecutions the accused shall have a right to be heard
by himself or counsel, or both, to demand the nature and cause of the
accusation, to be confronted by the witnesses against him, to have
compulsory process for obtaining witnesses in his favor, and, in all
prosecutions by indictment or information, a speedy and public trial by
an impartial jury of the county where the offense was committed; and he
shall not be compelled to give evidence against himself; but in
prosecutions for rape, adultery, fornication, sodomy or crime against
nature the court may, in its discretion, exclude from the courtroom all
persons except such as are necessary in the conduct of the trial.
Notwithstanding any other provisions of this Constitution, the
Legislature may enact laws establishing a state grand jury with the
authority to return indictments regardless of the county where the
crime was committed. The subject matter jurisdiction of a state grand
jury is limited to criminal violations of the Mississippi Uniform
Controlled Substances Law or any other crime involving narcotics,
dangerous drugs or controlled substances, or any crime arising out of or
in connection with a violation of the Mississippi Uniform Controlled
Substances Law or a crime involving narcotics, dangerous drugs or
controlled substances if the crime occurs within more than one (1)
circuit court district of the state or transpires or has significance in
more than one (1) circuit court district of the state. The venue for
the trial of indictments returned by a state grand jury shall be as
prescribed by general law.
SOURCES: 1817 art I §10; 1832 art I §7; Laws 1994, ch. 668,
effective December 9, 1994.
NOTE: The 1994 amendment to Section 26 was proposed by Laws 1994,
ch. 668, House Concurrent Resolution No. 79, of the 1994 regular session
of the Legislature, and upon ratification by the electorate on November
8, 1994, was inserted by proclamation of the Secretary of State on
December 9, 1994.
SECTION 26-A
(1)
Victims of crime, as defined by law, shall have the right to be treated
with fairness, dignity and respect throughout the criminal justice
process; and to be informed, to be present and to be heard, when
authorized by law, during public hearings.
(2) Nothing in this section shall provide grounds for the accused
or convicted offender to obtain any
form of relief nor shall this section impair the constitutional
rights of the accused. Nothing in this section of any enabling statute
shall be construed as creating a cause of action for damages against the
state or any of its agencies, officials, employee or political
subdivisions.
(3) The Legislature shall have the authority to enact substantive
and procedural laws to define,
implement, preserve and protect the rights guaranteed to victims
by this section.
NOTE: The 1998 amendment adding a new section was proposed by
Senate Concurrent Resolution No. 513, Laws 1998, ch. 691 of the 1998
regular session of the Legislature, and upon ratification by the
electorate on November 8, 1998, was inserted by proclamation of the
Secretary of State on November 30, 1998.
SECTION 27.
No person shall, for any indictable offense, be proceeded against
criminally by information, except in cases arising in the land or naval
forces, or the military when in actual service, or by leave of the court
for misdemeanor in office or where a defendant represented by counsel by
sworn statement waives indictment; but the legislature, in cases not
punishable by death or by imprisonment in the penitentiary, may dispense
with the inquest of the grand jury, and may authorize prosecutions
before justice court judges, or such other inferior court or courts as
may be established, and the proceedings in such cases shall be regulated
by law.
SOURCES: 1817 art I §12; 1832 art I §12; 1869 art I §31; Laws 1977,
ch. 590, effective December 22, 1978.
NOTE: The 1977 amendment to Section 27 was proposed by Laws 1997,
ch. 590, Senate Concurrent Resolution No. 590, of the 1977 regular
session of the Legislature, and upon ratification by the electorate on
November 7, 1978, was inserted by proclamation of the Secretary of State
on December 22, 1978.
SECTION 28.
Cruel or unusual punishment shall not be inflicted, nor excessive fines
be imposed.
SOURCES: 1817 art I §16; 1832 art I §16; 1869 art I §8.
SECTION 29.
(1) Excessive bail shall not be required, and all persons shall, before
conviction, be bailable by sufficient sureties, except for capital
offenses (a) when the proof is evident or presumption great; or (b) when
the person has previously been convicted of a capital offense or any
other offense punishable by imprisonment for a maximum of twenty (20)
years or more.
(2) If a person charged with committing any offense that is punishable
by death, life imprisonment or imprisonment for one (1) year or more in
the penitentiary or any other state correctional facility is granted
bail and (a) if that person is indicted for a felony committed while on
bail; or (b) if the court, upon hearing, finds probable cause that the
person has committed a felony while on bail, then the court shall revoke
bail and shall order that the person be detained, without further bail,
pending trial of the charge for which bail was revoked. For the
purposes of this subsection (2) only, the term "felony" means any
offense punishable by death, life imprisonment or imprisonment for more
than five (5) years under the laws of the jurisdiction in which the
crime is committed. In addition, grand larceny shall be considered a
felony for the purposes of this subsection.
(3) In the case of offenses punishable by imprisonment for a maximum of
twenty (20) years or more or by life imprisonment, a county or circuit
court judge may deny bail for such offenses when the proof is evident or
the presumption great upon making a determination that the release of
the person or persons arrested for such offense would constitute a
special danger to any other person or to the community or that no
condition or combination of conditions will reasonably assure the
appearance of the person as required.
(4) In any case where bail is denied before conviction, the judge shall
place in the record his reasons for denying bail. Any person who is
charged with an offense punishable by imprisonment for a maximum of
twenty (20) years or more or by life imprisonment and who is denied bail
prior to conviction shall be entitled to an emergency hearing before a
justice of the Mississippi Supreme Court. The provisions of this
subsection (4) do not apply to bail revocation orders.
SOURCES:
1817 art I
§16; 1832 art I §16; 1869 art I §8; Laws 1987, ch. 674; Laws 1995, ch.
636, effective December 5, 1995.
NOTE: The 1987
amendment to Section 29, Laws 1987, ch 674. was proposed by Senate
Concurrent Resolution No. 534, of the 1987 regular session of the
Legislature, and upon ratification by the electorate on November 8,
1987, was inserted by proclamation of the Secretary of State on December
4, 1987.
The 1995 amendment to Section 29 was proposed by Laws
1995, ch. 636, House Concurrent Resolution No. 42, of the 1995 regular
session of the Legislature, and upon ratification by the electorate on
November 7, 1995, by proclamation of the Secretary of State on December
5, 1995.
SECTION 30.
There
shall be no imprisonment for debt.
SOURCES: 1817 art I §18; 1832 art I §18; 1869 art I §11.
SECTION 31.
The
right of trial by jury shall remain inviolate, but the legislature may,
by enactment, provide that in all civil suits tried in the circuit and
chancery court, nine or more jurors may agree on the verdict and return
it as the verdict of the jury.
SOURCES: 1817 art I §28; 1832 art I §28; 1869 art I §12; Laws 1916,
ch. 158.
SECTION 32.
The enumeration of rights in this constitution shall not be construed to
deny and impair others retained by, and inherent in, the people.
SOURCES: 1817 art I; 1832 art I; 1869 art I §32.
ARTICLE 4
LEGISLATIVE DEPARTMENT
Beginning Section
IN GENERAL 33
QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS 40
RULES OF PROCEDURE 54
INJUNCTIONS 78
LOCAL LEGISLATION 87
PROHIBITIONS 91
MISCELLANEOUS 102
IN GENERAL
SECTION 33. Composition of legislature.
SECTION 34. Composition of House of Representatives.
SECTION 35. Composition of Senate.
SECTION 36. Sessions.
SECTION 37. Elections for members.
SECTION 38. Election of officers by each house.
SECTION 39. President pro tempore of Senate.
SECTION 33.
The legislative power of this state shall be vested in a legislature
which shall consist of a senate and a house of representatives.
SOURCES: 1817 art III §4; 1832 art III §4; 1869 art IV §1.
SECTION 34.
The house of representatives shall consist of members chosen every four
years by the qualified electors of the several counties and
representative districts.
SOURCES: 1869 art IV §2.
NOTE: Laws of 1962, ch. 18, 1st Extraordinary Session,
which proposed to amend this section of the Constitution, was not
approved by the electorate.
SECTION 35.
The
senate shall consist of members chosen every four years by the qualified
electors of the several districts.
SOURCES: 1869 art IV §4.
SECTION 36.
The Legislature shall meet at the seat of government in regular session
on the Tuesday after the first Monday of January of the year A.D., 1970,
and annually thereafter, unless sooner convened by the Governor;
provided, however, that such sessions shall be limited to a period of
one hundred twenty-five (125) calendar days for regular 1972 session and
every fourth year thereafter, but ninety (90) calendar days for every
other regular session thereafter. Provided further that the House of
Representatives, by resolution with the Senate concurring therein, and
by a two-thirds (2/3) vote of those present and voting in each house,
may extend such limited session for a period of thirty (30) days with no
limit on the number of extensions to each session.
SOURCES: 1869 art IV §6; Laws 1912, ch. 414; Laws 1968, ch. 634.
NOTE: The 1968 amendment to Section 36 was proposed by House
Consurrent Resolution No. 36, ch. 634, of the 1968 regular session of
the Legislature, and upon ratification by the electorate on June 4,
1968, was inserted by proclamation of the Secretary of State on June 13,
1968.
SECTION 37.
Elections for members of the legislature shall be held in the several
counties and districts as provided by law.
SOURCES: 1869 art IV §8.
SECTION 38.
Each
house shall elect its own officers, and shall judge of the
qualifications, return and election of its own members.
SOURCES: 1869 art IV §10.
SECTION 39.
The senate shall choose a president pro tempore to act in the absence or
disability of its presiding officer.
SOURCES: 1869 art IV §11.
QUALIFICATIONS AND PRIVILEGES OF
LEGISLATORS
SECTION 40.
Oath of Office.
SECTION 41.
Qualifications of House of Representatives members.
SECTION 42.
Qualifications of Senators.
SECTION 43.
Person liable for public monies ineligible for office.
SECTION 44.
Ineligibility for office of person convicted of certain crimes.
SECTION 45.
Member eligibility for offices created during term of office.
SECTION 46.
Salaries of members.
SECTION 47.
Fees or rewards prohibited.
SECTION 48.
Immunity of members from arrest for certain crimes.
SECTION 49.
Power of impeachment.
SECTION 50.
Impeachment grounds.
SECTION 51.
Removal from office.
SECTION 52.
Persons to preside in impeachment proceedings.
SECTION 53.
Removal of judges for reasonable cause.
SECTION 40.
Members of the legislature, before entering upon the discharge of their
duties, shall take the following oath: "I, ----, do solemnly swear (or
affirm) that I will faithfully support the Constitution of the United
States and of the state of Mississippi; that I am not disqualified from
holding office by the Constitution of this state; that I will faithfully
discharge my duties as a legislator; that I will, as soon as practicable
hereafter, carefully read (or have read to me) the Constitution of this
state, and will endeavor to note, and as a legislator to execute, all
the requirements thereof imposed on the legislature; and I will not vote
for any measure or person because of a promise of any other member of
this legislature to vote for any measure or person, or as a means of
influencing him or them so to do. So help me God."
SECTION 41.
No person shall be a member of the House of Representatives who shall
not have attained the age of twenty-one (21) years, and who shall not be
a qualified elector of the state, and who shall not have been a resident
citizen of the state for four (4) years, and within the district such
person seeks to serve for two (2) years, immediately preceding his
election. The seat of a member of the House of Representatives shall be
vacated on his removal from the district from which he was elected.
SOURCES: 1817 art III §7; 1832 art III §7; 1869 art IV §3; Laws
1987, ch. 674, effective December 4, 1987.
NOTE: The 1987 amendment to Section 41 was proposed by Laws 1987,
ch. 674, House Concurrent Resolution No. 41, of the 1987 regular
session of the Legislature, and upon ratification by the electorate on
November 3, 1987, was inserted by proclamation of the Secretary of State
on December 4, 1987.
SECTION 42.
No person shall be a senator who shall not have attained the age of
twenty-five years, who shall not have been a qualified elector of the
state four years, and who shall not be an actual resident of the
district or territory he may be chosen to represent for two years before
his election. The seat of a senator shall be vacated upon his removal
from the district from which he was elected.
SOURCES: 1817 art III §14; 1832 art III §14; 1869 art IV §5.
SECTION 43.
No person liable as principal for public moneys unaccounted for shall be
eligible to a seat in either house of the legislature, or to any office
of profit or trust, until he shall have accounted for and paid over all
sums for which he may have been liable.
SOURCES: 1817 art III §28; 1832 art III §28; 1869 art IV §16.
SECTION 44.
(1) No person shall be eligible to a seat in either house of the
Legislature, or to any office of profit or trust, who shall have been
convicted of bribery, perjury, or other infamous crime; and any person
who shall have been convicted of giving or offering, directly, or
indirectly, any bribe to procure his election or appointment, and any
person who shall give or offer any bribe to procure the election or
appointment of any person to office, shall, on conviction thereof, be
disqualified from holding any office of profit or trust under the laws
of this state.
(2) No person who is convicted after ratification of this amendment
in another state of any offense which is a felony under the laws of this
state, and no person who is convicted after ratification of this
amendment of any felony in a federal court, shall be eligible to hold
any office of profit or trust in this state.
(3)
(3)
This
section shall not disqualify a person from holding office if he has been
pardoned for the
offense or if the offense of which the person was convicted was
manslaughter, any violation of the United States Internal Revenue Code
or any violation of the tax laws of this state unless such offense also
involved misuse or abuse of his office or money coming into his hands by
virtue of his office.
SOURCES: 1817 art VI §§4 and 5; 1832 art VII §4; 1869 art IV §§17
and 18, Laws 1992, ch. 591, effective December 8, 1992.
NOTE: The 1992
amendment to Section 44 was proposed by Laws 1992, ch. 591, House
Concurrent Resolution No. 46, of the 1992 regular session of the
Legislature, and upon ratification by the electorate on November 3,
1992, was inserted by proclamation of the Secretary of State on December
8, 1992.
SECTION 45.
No senator or representative, during the term for which he was elected,
shall be eligible to any office of profit which shall have been created,
or the emoluments of which have been increased, during the time such
senator or representative was in office, except to such offices as may
be filled by an election of the people.
SOURCES: 1817 art III §26; 1832 art III §26; 1869 art IV §38.
SECTION 46.
The members of the legislature shall severally receive from the state
treasury compensation for their services, to be prescribed by law, which
may be increased or diminished; but no alteration of such compensation
of members shall take effect during the session at which it is made.
SOURCES: 1817 art III §25; 1832 art III §25; 1869 art IV §20.
SECTION 47.
No
member of the legislature shall take any fee or reward, or be counsel in
any measure pending before either house of the legislature, under
penalty of forfeiting his seat, upon proof thereof to the satisfaction
of the house of which he is a member.
SECTION 48.
Senators and representatives shall, in all cases, except treason,
felony, theft, or breach of the peace, be privileged from arrest during
the session of the legislature, and for fifteen days before the
commencement and after the termination of each session.
SOURCES: 1817 art III §19; 1832 art III §19; 1869 art IV §19.
SECTION 49.
The house of representatives shall have the sole power of impeachment;
but two-thirds of all the members present must concur therein. All
impeachments shall be tried by the senate, and, when sitting for that
purpose, the senators shall be sworn to do justice according to law and
the evidence.
SOURCES: 1817 art “Impeachment,” §§1 and 2; 1832 art VI §§1 and 2;
1869 art IV §27.
SECTION 50.
The governor and all other civil officers of this state, shall be liable
to impeachment for treason, bribery, or any high crime or misdemeanor in
office.
SOURCES: 1817 art “Impeachment,” §3; 1832 art VI §3; 1869 art IV
§28.
SECTION 51.
Judgment in such cases shall not extend further than removal from office
and disqualification to hold any office of honor, trust, or profit in
this state; but the party convicted shall, nevertheless, be subject to
indictment, trial, judgment, and punishment according to law.
SOURCES: 1817 art “Impeachment,” §3; 1832 art VI §3; 1869 art IV
§30.
SECTION 52.
When the governor shall be tried, the chief justice of the Supreme Court
shall preside; and when the chief justice is disabled, disqualified, or
refuses to act, the judge of the Supreme Court next oldest in commission
shall preside; and no person shall be convicted without concurrence of
two-thirds of all the senators present.
SOURCES: 1869 art IV §29.
SECTION 53.
For reasonable cause, which shall not be sufficient ground of
impeachment, the governor shall, on the joint address of two-thirds of
each branch of the legislature, remove from office the judges of the
Supreme and inferior courts; but the cause or causes of removal shall be
spread on the journal, and the party charged be notified of the same,
and have an opportunity to be heard by himself or counsel, or both,
before the vote is finally taken and decided.
SOURCES: 1832 art IV
§27; 1869 art IV §31.
RULES OF PROCEDURE
SECTION 54. Quorum.
SECTION 55.
Determination of rules by each house.
SECTION 56.
Style of laws.
SECTION 57.
Adjournments; meeting place.
SECTION 58.
Open door policy; disorderly behavior.
SECTION 59.
Introduction and passage of bills.
SECTION 60.
Amendment of bill; orders, votes and resolutions.
SECTION 61.
Amendment or revival by reference to title prohibited.
SECTION 62.
Voting on amendments; adoption of committee reports.
SECTION 63.
Maximum sum fixed in appropriation bill.
SECTION 64.
Time limit and voting requirements for appropriations.
SECTION 65.
Reconsideration of votes.
SECTION 66. Law
granting donation or gratuity.
SECTION 67.
Time limit for introducing new bill.
SECTION 68.
Precedence and time limits for appropriation and revenue bills.
SECTION 69.
Contents of appropriation bills.
SECTION
70 Votes required for passage of revenue or property
assessment bills.
SECTION 71.
Title of bill; committee recommendations.
SECTION 72.
Approval or disapproval of bill by Governor; veto override process.
SECTION 73.
Veto of parts of appropriations bill.
SECTION 74.
Referral of bill to committee.
SECTION 75.
Enforcement of laws of general nature.
SECTION 76.
Viva voce vote.
SECTION 77.
Writs of election to fill legislative vacancies.
SECTION 54.
A
majority of each house shall constitute a quorum to do business; but a
less number may adjourn from day to day, and compel the attendance of
absent members in such manner and under such penalties as each shall
provide.
SOURCES: 1869 art IV §12.
SECTION 55.
Each house may determine rules of its own proceedings, punish its
members for disorderly behavior, and, with the concurrence of two-thirds
of the members present, expel a member; but no member, unless expelled
for theft, bribery, or corruption, shall be expelled the second time for
the same offense. Both houses shall, from time to time, publish journals
of their proceedings, except such parts as may, in their opinion,
require secrecy; and the yeas and nays, on any question, shall be
entered on the journal, at the request of one-tenth of the members
present; and the yeas and nays shall be entered on the journals on the
final passage of every bill.
SOURCES: 1817 art III §§16 and 17; 1832 art III §§15, 16, and 17;
1869 art IV §14.
SECTION 56.
The style of the laws of the state shall be: "Be it enacted by the
legislature of the state of Mississippi."
SOURCES: 1832 art III §4; 1869 art IV §32.
SECTION 57.
Neither house shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in which the two
houses shall be sitting.
SOURCES: 1817 art III §22; 1832 art III §22; 1869 art IV §13.
SECTION 58.
The doors of each house, when in session, or in committee of the whole,
shall be kept open, except in cases which may require secrecy; and each
house may punish, by fine and imprisonment, any person not a member who
shall be guilty of disrespect to the house by any disorderly or
contemptuous behavior in its presence, or who shall in any way disturb
its deliberations during the session; but such imprisonment shall not
extend beyond the final adjournment of that session.
SOURCES: 1817 art III §20; 1832 art III §§20 and 21; 1869 art IV
§15.
SECTION 59.
Bills may originate in either house, and be amended or rejected in the
other, and every bill shall be read by its title on three (3) different
days in each house, unless two-thirds (2/3) of the house where the same
is pending shall dispense with the rules; and every bill shall be read
in full immediately before the vote on its final passage upon the demand
of any member; and every bill, having passed both houses, shall be
signed by the President of the Senate and the Speaker of the House of
Representatives during the legislative session.
SOURCES: 1817 art III §23; 1832 art III §23; 1869 art IV §23; Laws
1990, ch. 668 effective December 19, 1990.
NOTE: The 1990 amendment to Section 59 was proposed by Laws 1990,
ch. 668, Senate Concurrent Resolution No. 506, and upon ratification by
the electorate on November 6, 1990, was inserted by proclamation of the
Secretary of State on December 19, 1990.
SECTION 60.
No bill shall be so amended in its passage through either house as to
change its original purpose, and no law shall be passed except by bill;
but orders, votes, and resolutions of both houses, affecting the
prerogatives and duties thereof, or relating to adjournment, to
amendments to the Constitution, to the investigation of public officers,
and the like, shall not require the signature of the governor; and such
resolutions, orders, and votes, may empower legislative committees to
administer oaths, to send for persons and papers, and generally make
legislative investigations effective.
SOURCES: 1832 art V §16; 1869 art IV §25.
SECTION 61.
No law shall be revived or amended by reference to its title only, but
the section or sections, as amended or revived, shall be inserted at
length.
SECTION 62.
No amendment to bills by one house shall be concurred in by the other
except by a vote of the majority thereof, taken by yeas and nays and the
names of those voting for and against recorded upon the journals; and
reports of committees of conference shall in like manner be adopted in
each house.
SECTION 63.
No appropriation bill shall be passed by the legislature which does not
fix definitely the maximum sum thereby authorized to be drawn from the
treasury.
SECTION 64.
No bill passed after the adoption of this Constitution to make
appropriations of money out of the state treasury shall continue in
force more than two months after the expiration of the fiscal year
ending after the meeting of the legislature at its next regular session;
nor shall such bill be passed except by the votes of a majority of all
members elected to each house of the legislature.
SOURCES: Laws 1935, ch. 116.
SECTION 65.
All votes on the final passage of any measure shall be subject to
reconsideration for at least one whole legislative day, and no motion to
reconsider such vote shall be disposed of adversely on the day on which
the original vote was taken, except on the last day of the session.
SECTION 66.
No law granting a donation or gratuity in favor of any person or object
shall be enacted except by the concurrence of two-thirds of the members
elect of each branch of the legislature, nor by any vote for a sectarian
purpose or use.
SOURCES: Laws 1908, ch. 149.
SECTION 67.
No new bill shall be introduced into either house of the legislature
during the last three days of the session.
SECTION 68.
Appropriation and revenue bills shall, at regular sessions of the
legislature, have precedence in both houses over all other business, and
no such bills shall be passed during the last five days of the session.
SECTION 69.
General appropriation bills shall contain only the appropriations to
defray the ordinary expenses of the executive, legislative, and judicial
departments of the government; to pay interest on state bonds, and to
support the common schools. All other appropriations shall be made by
separate bills, each embracing but one subject. Legislation shall not
be engrafted on the appropriation bills, but the same may prescribe the
conditions on which the money may be drawn, and for what purposes paid.
SECTION 70.
No revenue bill, or any bill providing for assessments of property for
taxation, shall become a law except by a vote of at least three-fifths
of the members of each house present and voting.
SECTION 71.
Every bill introduced into the legislature shall have a title, and the
title ought to indicate clearly the subject-matter or matters of the
proposed legislation. Each committee to which a bill may be referred
shall express, in writing, its judgment of the sufficiency of the title
of the bill, and this, too, whether the recommendation be that the bill
do pass or do not pass.
SECTION 72.
Every Bill which shall pass both Houses shall be presented to the
Governor of the state. If he approve, he shall sign it; but if he does
not approve, he shall return it, with his objections, to the House in
which it originated, which shall enter the objections at large upon its
Journal, and proceed to reconsider it. If after such reconsideration
two-thirds (2 /3 ) of that House shall agree to pass the Bill, it shall
be sent, with the objections, to the other House, by which, likewise, it
shall be reconsidered; and if approved by two-thirds ( 2 /3 ) of that
House, it shall become a law; but in all such cases the votes of both
Houses shall be determined by yeas and nays, and the names of the
persons voting for and against the Bill shall be entered on the Journal
of each House respectively. If any Bill shall not be returned by the
Governor within five (5) days (Sundays excepted) after it has been
presented to him, it shall become a law in like manner as if he had
signed it, unless the Legislature, by adjournment, prevented its return,
in which case such Bill shall be a law unless the Governor shall veto it
within fifteen (15) days (Sundays excepted) after it is presented to
him, and such Bill shall be returned to the Legislature, with his
objections, within three (3) days after the beginning of the next
session of the Legislature.
SOURCES: 1817 art IV §15; 1832 art V §15; 1869 art IV §24; Laws
1970, ch. 562, effective June 19, 1970.
NOTE: The 1970 amendment to Section 72 was proposed by House
Concurrent Resolution No. 14, ch. 562, of the 1970 regular session of
the Legislature, and upon ratification by the electorate on June 3,
1970, was inserted by proclamation of the Secretary of State on June 19,
1970.
SECTION 73.
The governor may veto parts of any appropriation bill, and approve parts
of the same, and the portions approved shall be law.
SECTION 74.
No bill shall become a law until it shall have been referred to a
committee of each house and returned therefrom with a recommendation in
writing.
SECTION 75.
No law of a general nature, unless therein otherwise provided, shall be
enforced until sixty days after its passage.
SOURCES: 1832 art VII §6; 1869 art XII §9.
SECTION 76.
In all
elections by the legislature the members shall vote viva voce, and the
vote shall be entered on the journals.
SECTION 77.
The governor shall issue writs of election to fill such vacancies as may
occur in either house of the legislature, and the persons thereupon
chosen shall hold their seats for the unexpired term.
INJUNCTIONS
SECTION 78.
Salary deductions for neglect of official duty.
SECTION 79.
Sale of delinquent tax lands; right of redemption.
SECTION 80.
Abuse of certain local government unit powers.
SECTION 81.
Obstruction of navigable waters; certain construction
projects authorized.
SECTION 82.
Official bonds; fixing penalties.
SECTION 83.
Fire safety in certain public places.
SECTION 84.
Acquisition of land by nonresident aliens and corporations.
SECTION 85.
Working of public roads by contract or by county prisoners.
SECTION 86.
Care of insane and indigent sick.
SECTION 78.
It shall be the duty of the legislature to regulate by law the cases in
which deductions shall be made from salaries of public officers for
neglect of official duty, and the amount of said deduction.
SOURCES: 1817 art VI §14; 1832 art VII §12; 1869 art XII §10.
SECTION 79.
The legislature shall provide by law for the sale of all delinquent tax
lands. The courts shall apply the same liberal principles in favor of
such titles as in sale by execution. The right of redemption from all
sales of real estate, for the nonpayment of taxes or special
assessments, of any and every character whatsoever, shall exist, on
conditions to be prescribed by law, in favor of owners and persons
interested in such real estate, for a period of not less than two years.
SOURCES: 1869 art XII §8.
SECTION 80.
Provision shall be made by general laws to prevent the abuse by cities,
towns, and other municipal corporations of their powers of assessment,
taxation, borrowing money, and contracting debts.
SECTION 81.
The Legislature shall never authorize the permanent obstruction of any
of the navigable waters of the State, but may provide for the removal of
such obstructions as now exist, whenever the public welfare demands.
This section shall not prevent the construction, under proper authority,
of drawbridges for railroads, or other roads, nor the construction of
booms and chutes for logs, nor the construction, operation and
maintenance of facilities incident to the exploration, production or
transportation of oil, gas or other minerals, nor the construction,
operation and maintenance of bridges and causeways in such manner as not
to prevent the safe passage of vessels or logs under regulations to be
provided by law.
SOURCES: Laws 1968, ch. 660, effective June 13, 1968.
NOTE: The 1968 amendment to Section 81 was proposed by House
Concurrent Resolution No. 71, ch. 660 of the 1968 regular session of the
Legislature, and upon ratification by the electorate on June 4, 1968,
was inserted by proclamation of the Secretary of State on June 13, 1968.
SECTION 82.
The legislature shall fix the amount of the penalty of all official
bonds, and may, as far as practicable, provide that the whole or a part
of the security required for the faithful discharge of official duty
shall be made by some guarantee company or companies.
SECTION 83.
The legislature shall enact laws to secure the safety of persons from
fires in hotels, theaters, and other public places of resort.
SECTION 84.
The legislature shall enact laws to limit, restrict, or prevent the
acquiring and holding of land in this state by nonresident aliens, and
may limit or restrict the acquiring or holding of lands by corporations.
SECTION 85.
The legislature shall provide by general law for the working of public
roads by contract or by county prisoners, or both. Such law may be put
in operation only by a vote of the board of supervisors in those
counties where it may be desirable.
SECTION 86.
It shall be the duty of the legislature to provide by law for the
treatment and care of the insane; and the legislature may provide for
the care of the indigent sick in the hospitals in the state.
SOURCES: 1869 art XII §27.
LOCAL LEGISLATION
SECTION 87.
Special or local laws.
SECTION 88.
Content of general laws.
SECTION 89. Standing committee
for local and private legislation in each house.
SECTION 90.
Matters provided for by general laws only.
SECTION 87.
No special or local law shall be enacted for the benefit of individuals
or corporations, in cases which are or can be provided for by general
law, or where the relief sought can be given by any court of this state;
nor shall the operation of any general law be suspended by the
legislature for the benefit of any individual or private corporation or
association, and in all cases where a general law can be made
applicable, and would be advantageous, no special law shall be enacted.
SECTION 88.
The
legislature shall pass general laws, under which local and private
interest shall be provided for and protected, and under which cities and
towns may be chartered and their charters amended, and under which
corporations may be created, organized, and their acts of incorporation
altered; and all such laws shall be subject to repeal or amendment.
SECTION 89.
There
shall be appointed in each house of the legislature a standing committee
on local and private legislation; the house committee to consist of
seven representatives, and the senate committee of five senators. No
local or private bill shall be passed by either house until it shall
have been referred to said committee thereof, and shall have been
reported back with a recommendation in writing that it do pass, stating
affirmatively the reasons therefor, and why the end to be accomplished
should not be reached by a general law, or by a proceeding in court; or
if the recommendation of the committeee be that the bill do not pass,
then it shall not pass the house to which it is so reported unless it be
voted for by a majority of all members elected thereto. If a bill is
passed in conformity to the requirements hereof, other than such as are
prohibited in the next section, the courts shall not, because of its
local, special, or private nature, refuse to enforce it.
SECTION 90.
The legislature shall not pass local, private, or special laws in any of
the following enumerated cases, but such matters shall be provided for
only by general laws, viz.:
(a) Granting divorces;
(b) Changing the names of persons, places, or
corporations;
(c) Providing for changes of venue in civil
and criminal cases;
(d) Regulating the rate of interest on money;
(e) Concerning the settlement or
administration of any estate, or the sale or mortgage of any property,
of any infant, or of a person of unsound mind, or of any deceased
person;
(f) The removal of the disability of infancy;
(g) Granting to any person, corporation, or
association the right to have any ferry, bridge, road, or fish-trap;
(h) Exemption of property from taxation or
from levy or sale;
(i) Providing for the adoption or legitimation
of children;
(j) Changing the law of descent and
distribution;
(k) Exempting any person from jury, road, or
other civil duty (and no person shall be exempted therefrom by force of
any local or private law);
(l) Laying out, opening, altering, and working
roads and highways;
(m) Vacating any road or highway, town plat,
street, alley, or public grounds;
(n) Selecting, drawing, summoning, or
empaneling grand or petit juries;
(o) Creating, increasing, or decreasing the
fees, salary, or emoluments of any public officer;
(p) Providing for the management or support of
any private or common school, incorporating the same, or granting such
school any privileges;
(q) Relating to stock laws, water-courses, and
fences;
(r) Conferring the power to exercise the right
of eminent domain, or granting to any person, corporation, or
association the right to lay down railroad tracks or street-car tracks
in any other manner than that prescribed by general law;
(s) Regulating the practice in courts of
justice;
(t) Providing for the creation of districts
for the election of justices of the peace and constables; and
(u) Granting any lands under control of the
state to any person or corporation.
SOURCES: 1817 art VI §7; 1832 art VII §15; 1869 art IV §22.
PROHIBITIONS
SECTION 91.
Uniform application of charges and fees.
SECTION 92.
Salary of deceased officer.
SECTION 93.
Retirement of officer on pay.
SECTION 94.
Disability on account of coverture abolished.
SECTION 95.
Donation or sale of state lands; railroad easements.
SECTION 96.
Extra compensation and unauthorized payments prohibited.
SECTION 97.
Revival of action barred by limitations prohibited.
SECTION 98.
Repealed.
SECTION 99.
Election of officers by legislature.
SECTION 100. Release of obligation
or liability owed to State or political
subdivision.
SECTION
101. Seat of state government.
SECTION 91.
The legislature shall not enact any law for one or more counties, not
applicable to all the counties in the state, increasing the uniform
charge for the registration of deeds, or regulating costs and charges
and fees of officers.
SECTION 92.
The legislature shall not authorize payment to any person of the salary
of a deceased officer beyond the date of his death.
SECTION 93.
The
legislature shall not retire any officer on pay, or part pay, or make
any grant to such retiring officer.
SECTION 94.
The
legislature shall never create by law any distinction between the rights
of men and women to acquire, own, enjoy, and dispose of property of all
kinds, or their power to contract in reference thereto. Married women
are hereby fully emancipated from all disability on account of
coverture. But this shall not prevent the legislature from regulating
contracts between husband and wife; nor shall the legislature be
prevented from regulating the sale of homesteads.
SOURCES: 1869 art I §16.
SECTION 95.
Lands
belonging to, or under the control of the state, shall never be donated
directly or indirectly, to private corporations or individuals, or to
railroad companies. Nor shall such land be sold to corporations or
associations for a less price than that for which it is subject to sale
to individuals. This, however, shall not prevent the legislature from
granting a right of way, not exceeding one hundred feet in width, as a
mere easement, to railroads across state land, and the legislature shall
never dispose of the land covered by said right of way so long as such
easement exists.
SECTION 96.
The legislature shall never grant extra compensation, fee, or allowance,
to any public officer, agent, servant, or contractor, after service
rendered or contract made, nor authorize payment, or part payment, of
any claim under any contract not authorized by law; but appropriations
may be made for expenditures in repelling invasion, preventing or
suppressing insurrections.
SECTION 97.
The
legislature shall have no power to revive any remedy which may have
become barred by lapse of time, or by any statute of limitation of this
state.
SECTION 98.
Repealed.
NOTE: Former
Section 98 read as follows:
“No lottery shall ever be allowed, or be advertised by
newspapers, or otherwise, or its tickets be sold in this state; and the
legislature shall provide by law for the enforcement of this provision;
nor shall any lottery heretofore authorized by permitted to be drawn or
its tickets sold.”
The repeal of Section 98 was proposed by Laws 1992, ch.
713, Senate Concurrent Resolution No. 512, and upon ratification by the
electorate on November 3, 1992, was deleted by proclamation of the
Secretary of State on December 8, 1992.
SOURCES: 1869 art
XII §15; Laws 1992, ch. 713, effective December 8, 1992.
SECTION 99.
The Legislature shall not elect any other than its own officers and
State Librarian.
SOURCES: Laws 1990, ch. 693, effective December 19, 1990.
NOTE: The 1990 amendment to Section 99 was proposed by Laws 1990,
ch. 693, Senate Concurrent Resolution No. 528, and upon ratification by
the electorate on November 6, 1990, and inserted by proclamation of the
Secretary of State on December 19, 1990.
The United States Attorney General interposed no
objection under Section 5 of the Voting Rights Act of 1965, to the
amendment of this section by Laws 1990, ch. 693, on September 11, 1990.
SECTION 100.
No obligation or liability of any person, association, or corporation
held or owned by this state, or levee board, or any county, city, or
town thereof, shall ever be remitted, released or postponed, or in any
way diminished by the legislature, nor shall such liability or
obligation be extinguished except by payment thereof into the proper
treasury; nor shall such liability or obligation be exchanged or
transferred except upon payment of its face value; but this shall not be
construed to prevent the legislature from providing by general law for
the compromise of doubtful claims.
SECTION 101.
The seat of government of the state shall be at the city of Jackson, and
shall not be removed or relocated without the assent of a majority of
the electors of the state.
MISCELLANEOUS
SECTION 102. Elections for state and county officers.
SECTION 103. Filling
public officer vacancies; compensation and powers of officers.
SECTION 104.
Statutes of limitation not to run against state and political
subdivisions.
SECTION 105. Repealed.
SECTION 106. State librarian.
SECTION 107. Bidding and other requirements for certain
contracts.
SECTION 108. Termination of duties pertaining to office.
SECTION 109. Interest of public officer in contracts.
SECTION 110. Rights of way for private roads.
SECTION 111. Sale of land by decree or execution.
SECTION 112. Equal taxation; property tax assessments.
SECTION 113. Auditor’s statement of money expended at session.
SECTION 114. Election returns.
SECTION 115. Fiscal
year; report of transactions; bonded indebtedness limitation.
SECTION 102.
All general elections for state and county officers shall commence and
be holden every four years, on the first Tuesday after the first Monday
in November, until altered by the law; and the electors, in all cases
except in cases of treason, felony, and breach of peace, shall be
privileged from arrest during their attendance at elections and in going
to and returning therefrom.
SOURCES: 1869 art IV §7.
SECTION 103.
In all cases, not otherwise provided for in this constitution, the
legislature may determine the mode of filling all vacancies, in all
offices, and in cases of emergency provisional appointments may be made
by the governor, to continue until the vacancy is regularly filled; and
the legislature shall provide suitable compensation for all officers,
and shall define their respective powers.
SOURCES: 1832 art V §13; 1869 art XII §7.
SECTION 104.
Statutes of limitation in civil causes shall not run against the state,
or any subdivision or municipal corporation thereof.
SECTION 105.
Repealed.
NOTE: Former Section 105 provided for the decennial enumeration of
inhabitants and qualified electors in the state.
An amendment eliminating the foregoing section
was submitted to the people by the Legislature at the session of 1894,
Laws 1894, ch. 43; an election was held in November, 1894, and seems to
have resulted in favor of the elimination of the section, but no action
was taken by the Legislature after the election.
The repeal of Section 105 was proposed by Laws
1977, ch. 586, Senate Concurrent Resolution No. 555, and upon
ratification by the electorate on November 7, 1978, was deleted by
proclamation of the Secretary of State on December 22, 1978.
SECTION 106.
There shall be a state librarian, to be chosen by the legislature, on
joint vote of the two (2) houses, to serve four (4) years, whose duties
and compensation shall be prescribed by law.
SOURCES: Laws 1977, ch. 591, effective December 22, 1978.
NOTE: The 1977 amendment to Section 106 was proposed by Laws 1977,
ch. 591, Senate Concurrent Resolution No. 587 of the 1977 regular
session of the Legislature, and upon ratification by the electorate on
November 7, 1978, was inserted by proclamation of the Secretary of State
on December 22, 1978.
SECTION 107.
All stationery, printing, paper, and fuel, used by the legislature, and
other departments of the government, shall be furnished, and the
printing and binding of the laws, journals, department reports, and
other printing and binding, and the repairing and furnishing the halls
and rooms used for the meeting of the legislature and its committees,
shall be performed under contract, to be given to the lowest responsible
bidder, below such maximum and under such regulations as may be
prescribed by law. No member of the legislature or officer of any
department shall be in any way interested in such contract, and all such
contracts shall be subject to the approval of the governor and state
treasurer.
NOTE: Senate Concurrent Resolution No. 514, enacted as ch. 655,
Laws 1984, adopted by the Senate on April 26, 1984, and the House of
Representatives on April 25, 1984, proposed to repeal Section 107. The
proposed repeal was submitted to the electorate on November 6, 1984, but
was rejected.
SECTION 108.
Whenever the legislature shall take away the duties pertaining to any
office, then the salary of the officer shall cease.
SECTION 109.
No
public officer or member of the legislature shall be interested,
directly or indirectly, in any contract with the state, or any district,
county, city, or town thereof, authorized by any law passed or order
made by any board of which he may be or may have been a member, during
the term for which he shall have been chosen, or within one year after
the expiration of such term.
NOTE: Senate Concurrent Resolution No. 548, ch. 655, Laws 1984,
adopted by the Senate on April 26, 1984, and by the House of
Representatives on April 25, 1984, proposed to amend Section 109. The
proposed amendment was submitted to the electorate on November 6, 1984,
but was rejected.
House Concurrent Resolution No. 63, ch. 526,
Laws 1986, proposed to amend Section 109. The electorate, however,
rejected the proposed amendment on June 3, 1986.
SECTION 110.
The legislature may provide, by general law, for condemning rights of
way for private roads, where necessary for ingress and egress by the
party applying, on due compensation being first made to the owner of the
property; but such rights of way shall not be provided for in
incorporated cities and towns.
SECTION 111.
All lands comprising a single tract sold in pursuance of decree of
court, or execution, shall be first offered in subdivisions not
exceeding one hundred and sixty acres, or one-quarter section, and then
offered as an entirety, and the price bid for the latter shall control
only when it shall exceed the aggregate of the bids for the same in
subdivisions as aforesaid; but the chancery court, in cases before it,
may decree otherwise if deemed advisable to do so.
SOURCES: 1869 art XII §18.
SECTION 112.
Taxation shall be uniform and equal throughout the state. All property
not exempt from ad valorem taxation shall be taxed at its assessed
value. Property shall be assessed for taxes under general laws, and by
uniform rules, and in proportion to its true value according to the
classes defined herein. The Legislature may, by general laws, exempt
particular species of property from taxation, in whole or in part.
The Legislature shall provide, by general laws, the method by which
the true value of taxable property shall be ascertained; provided,
however, in arriving at the true value of Class I and Class II property,
the appraisal shall be made according to current use, regardless of
location. The Legislature may provide for a special mode of valuation
and assessment for railroads, and railroad and other corporate
property, or for particular species of property belonging to persons,
corporations or associations not situated wholly in one (1) county. All
such property shall be assessed in proportion to its value according to
its class, and no county, or other taxing authority, shall be denied the
right to levy county and/or special taxes upon such assessment as in
other cases of property situated and assessed in the county, except that
the Legislature, by general law, may deny or limit a county or other
taxing authority the right to levy county and/or special taxes on
nuclear-powered electrical generating plants. In addition to or in lieu
of any such county and/or special taxes on nuclear-powered electrical
generating plants, the Legislature, by general law enacted by a majority
vote of the members of each house present and voting, may provide for a
special mode of valuation, assessment and levy upon nuclear-powered
electrical generating plants and provide for the distribution of the
revenue derived therefrom. The Legislature may provide a special mode
of assessment, fixing the taxable year, date of the tax lien, and method
and date of assessing and collecting taxes on all motor vehicles.
The assessed value of property shall be a percentage of its true
value, which shall be known as its assessment ratio. The assessment
ratio on each class of property as defined herein shall be uniform
throughout the state upon the same class of property, provided that the
assessment ratio of any one (1) class of property shall not be more than
three (3) times the assessment ratio on any other class of property. For
purposes of assessment for ad valorem taxes, taxable property shall be
divided into five (5) classes and shall be assessed at a percentage of
its true value as follows:
Class I.
Single-family, owner-occupied, residential real property, at ten percent
(10%) of true value.
Class II. All other real property, except for real property
included in Class I or IV, at fifteen percent (15%) of true value.
Class III. Personal property, except for motor vehicles and for
personal property included in Class IV, at fifteen percent (15%) of true
value.
Class IV. Public utility property, which is property owned or used
by public service corporations required by general laws to be appraised
and assessed by the state or the county, excluding railroad and airline
property and motor vehicles, at thirty percent (30%) of true value.
Class V. Motor vehicles, at thirty percent (30%) of true value.
The Legislature may, by general law, establish acreage limitations
on Class I property.
SOURCES: 1869 art XII §20; Laws 1956, ch. 438; Laws 1958, ch. 610;
Laws 1960, ch. 513; Laws 1986, ch. 522, effective June 19, 1986.
NOTE: The 1960 amendment to Section 112 proposed by Laws 1960, ch.
513,was ratified by the electorate on November 8, 1960, and was inserted
by proclamation of the Secretary of State on November 23, 1960.
The 1986 amendment to Section 112 was proposed
by House Consurrent Resolution No. 41, ch. 522, Laws 1986, and was
submitted to the electorate on June 3, 1986 and ratified.
On June 16, 1986, the United States District
Court for the Southern District of Mississippi enjoined the State of
Mississippi from approving, implementing or administering the
constitutional amendment until such time that the conduct of the
election had been approved by the Attorney General of the United States.
By proclamation of the Secretary of State on
June 19, 1986, the amendment to Section 112 was inserted in the
Constitution.
On July 7, 1986, the Attorney General of the
United States approved the conduct of the election for ratification of
House Concurrent Resolution No. 41, ch. 522, Laws 1986, amending Section
112 of the Constitution.
On July 10, 1986, the United States District
Court for the Southern District of Mississippi, Jackson, Mississippi
(Eddie Burrell, et al. v William A. Allain, Governor of Mississippi, et
al, Civil Action No. J86-0373 (L)) lifted and dissolved the injunction
issued on June 16, 1986 without prejudice to any right to relief the
plaintiffs might establish upon further proceedings.
SECTION 113.
The auditor shall, within sixty days after the adjournment of the
legislature, prepare and publish a full statement of all money expended
at such session, specifying the items and amount of each item, and to
whom, and for what paid; and he shall also publish the amounts of all
appropriations.
NOTE: MS Code §7-7-2, as added by Laws 1984, ch. 488, §90, and
amended by Laws 1985, ch. 455, §1, Laws 1986, ch. 499, §1, provided, at
subsection (2) therein, that the words “state auditor of public
accounts,” “state auditor,” and “auditor” appearing in the laws of the
state in connection with the performance of auditor’s functions
transferred to the state fiscal management board, shall mean the state
fiscal management board, and, more particularly, such words or terms
shall mean the state fiscal management board whenever they appear.
Thereafter, Laws 1989, ch. 532, §2, amended
§7-7-2 to provide that the words “State Auditor of Public Accounts,”
“State Auditor,” and “Auditor” appearing in the laws of this state in
connection with the performance of auditor’s functions shall mean State
Fiscal Officer, and more particularly, such words or terms shall mean
the State Fiscal Officer whenever they appear.
Subsequently, Laws 1989, ch. 544, §17,
effective July 1, 1989, and codified as §27-104-6, provides that
wherever the term “State Fiscal Officer” appears in any law it sahll
mean “Executive Director of the epartment of Finance and
Administraiton.”
SECTION 114.
Returns of all elections by the people shall be made to the secretary of
state in such manner as shall be provided by law.
SOURCES: 1817 art VI §18; 1832 art VII §16; 1869 art XII §19.
SECTION 115.
The fiscal year of the State of Mississippi shall commence on the first
day of July and end on the thirtieth day of June of each year; and the
Auditor of Public Accounts and the Treasurer of the State shall compile,
and have published, a full and complete report, showing the transactions
of their respective offices on or before the thirty-first day of
December of each year for the preceding fiscal year.
Neither the State nor any of its direct agencies, excluding the
political subdivisions and other local districts, shall incur a bonded
indebtedness in excess of one and one half (1 1/2) times the sum of all
the revenue collected by it for all purposes during any one of the
preceeding four fiscal years, whichever year might be higher.
SOURCES: 1817 art VI §8; Laws 1935, ch. 115; Laws 1960, ch. 522,
effective November 23, 1960.
NOTE: The 1960 amendment to Section 115 was proposed by Laws 1960,
ch. 522 and upon ratification by the electorate on November 8, 1960, was
inserted by proclamation of the Secretary of State on November 23, 1960.
This section, prior to its amendment in 1935,
provided for a fiscal year commencing on the first day of October, and
ending on the thirtieth day of September.
ARTICLE 5
EXECUTIVE
SECTION 116. Governor; term of office.
SECTION 117. Eligibility to serve as Governor.
SECTION 118. Salary of Governor.
SECTION 119. Commander-In-Chief of military.
SECTION 120. Report from officers of executive department.
SECTION 121. Convening of legislature in extraordinary
session.
SECTION 122. State of the government; recommending measures.
SECTION
123. Faithful execution of laws.
SECTION 124. Reprieves and pardons.
SECTION 125. Suspension of defaulting treasurers and tax
collectors.
SECTION 126. Seal of state.
SECTION 127. Commissions.
SECTION 128. Lieutenant Governor; qualifications and term.
SECTION 129. Lieutenant Governor as President of Senate.
SECTION 130. Salary of Lieutenant Governor.
SECTION 131. Vacancy in office of Governor.
SECTION 132. Contested election for Lieutenant Governor.
SECTION 133. Secretary of State.
SECTION 134. State Treasurer; Auditor of Public Accounts.
SECTION 135. County officers.
SECTION 136. Continuation in office.
SECTION 137. Repealed.
SECTION 138. Selection of county officers.
SECTION 139. Removal and appointment of county and municipal
officers.
SECTION 140. Election of Governor.
SECTION 141.
Choosing Governor in absence of electoral and popular vote
majorities.
SECTION 142. Ineligibility of Legislators to receive certain
appointments.
SECTION 143. Election of other state officers.
SECTION 116.
The chief executive power of this state shall be vested in a Governor,
who shall hold his office for four (4) years. Any person elected to the
office of Governor shall be eligible to succeed himself in office.
However, no person shall be elected to the office of Governor more than
twice, and no person who has held the office of Governor or has acted as
Governor for more than two (2) years of a term to which another person
was elected shall be elected to the office of Governor more than once.
SOURCES: 1817 art IV §1; 1832 art V §1; 1869 art V §1, Laws 1986,
ch. 575, effective November 20, 1986.
NOTE: The 1986 amendment to Section 116 was proposed by Laws 1986,
ch. 515, House Concurrent Resolution No. 5, and upon ratification by the
electorate on November 4, 1986, was inserted by proclamation of the
Secretary of State on November 20, 1986.
SECTION 117.
The governor shall be at least thirty years of age, and shall have been
a citizen of the United States twenty years, and shall have resided in
this state five years next preceeding the day of his election.
SOURCES: 1817 art IV §3; 1832 art V §3; 1869 art V §3.
SECTION 118.
The
governor shall receive for his services such compensation as may be
fixed by law, which shall neither be increased nor diminished during his
term of office.
SOURCES: 1817 art IV §4; 1832 art V §4; 1869 art V §4.
SECTION 119.
The
governor shall be commander-in-chief of the army and navy of the state,
and of the militia, except when they shall be called into the service of
the United States.
SOURCES: 1817 art IV §5; 1832 art V §5; 1869 art V §5.
SECTION 120.
The governor may require information in writing from the officers in the
executive departments of the state on any subject relating to the duties
of their respective offices.
SOURCES: 1817 art IV §6; 1832 art V §6; 1869 art V §6.
SECTION 121.
The governor shall have power to convene the legislature in
extraordinary session whenever, in his judgment, the public interest
requires it. Should the governor deem it necessary to convene the
legislature he shall do so by public proclamation, in which he shall
state the subjects and matters to be considered by the legislature, when
so convened; and the legislature, when so convened as aforesaid, shall
have no power to consider or act upon subjects or matters other than
those designated in the proclamation of the governor by which the
session is called, except impeachments and examination into the accounts
of state officers. The legislature, when so convened, may also act on
and consider such other matters as the governor may in writing submit to
them while in session. The governor may convene the legislature at the
seat of government, or at a different place if that shall become
dangerous from an enemy or from disease; and in case of a disagreement
between the two houses with respect to time of adjournment, adjourn them
to such time as he shall think proper, not beyond the day of the next
stated meeting of the legislature.
SOURCES: 1817 art IV §7; 1832 art V §7; 1869 art V §7.
SECTION 122.
The governor shall, from time to time, give the legislature information
of the state of the government, and recommend for consideration such
measures as may be deemed necessary and expedient.
SOURCES: 1817 art IV §8; 1832 art V §8; 1869 art V §8.
SECTION 123.
The
governor shall see that the laws are faithfully executed.
SOURCES: 1817 art IV §9; 1832 art V §9; 1869 art V §9.
SECTION 124.
In all criminal and penal cases, excepting those of treason and
impeachment, the governor shall have power to grant reprieves and
pardons, to remit fines, and in cases of forfeiture, to stay the
collection until the end of the next session of the legislature, and by
and with the consent of the senate to remit forfeitures. In cases of
treason he shall have power to grant reprieves, and by and with consent
of the senate, but may respite the sentence until the end of the next
session of the legislature; but no pardon shall be granted before
conviction; and in cases of felony, after conviction no pardon shall be
granted until the applicant therefor shall have published for thirty
days, in some newspaper in the county where the crime was committed, and
in case there be no newspaper published in said county, then in an
adjoining county, his petition for pardon, setting forth therein the
reasons why such pardon should be granted.
SOURCES: 1832 art V §10; 1869 art V §10.
SECTION 125.
The governor shall have the power, and it is hereby made his duty, to
suspend alleged defaulting state and county treasurers, and defaulting
tax-collectors, pending the investigation of their respective accounts,
and to make temporary appointments of proper persons to fill the offices
while such investigations are being made; and the legislature shall
provide for the enforcement of this provision by appropriate
legislation.
SECTION 126.
There shall be a seal of the state kept by the governor, and used by him
officially, and be called the great seal of the state of Mississippi.
SOURCES: 1817 art IV §12; 1832 art V §12; 1869 art V §11.
SECTION 127.
All commissions shall be in the name and by the authority of the state
of Mississippi, be sealed with the great seal of the state, and be
signed by the governor, and attested by the secretary of state.
SOURCES: 1817 art IV §11; 1832 art V §11; 1869 art V §12.
SECTION 128.
There
shall be a Lieutenant Governor who shall be elected at the same time, in
the same manner, and for the same term, and who shall possess the same
qualifications as required of the Governor. Any person elected to the
office of Lieutenant Governor shall be eligible to succeed himself in
office, but no person who has been elected to the office of Lieutenant
Governor for two successive terms shall be eligible to hold that office
until one term has intervened.
SOURCES: 1817 art IV §18; 1869 art V §14; Laws 1992, ch. 719,
effective December 8, 1992.
NOTE: The 1992
amendment of Section 128 was proposed by Laws 1992, ch. 719, Senate
Concurrent Resolution No. 525, and upon ratification by the electorate
on November 3, 1992, was inserted by proclamation of the Secretary of
State on December 8, 1992.
SECTION 129.
The
lieutenant-governor shall, by virtue of his office, be president of the
senate. In committee of the whole he may debate all questions, and where
there is an equal division in the senate, or on a joint vote of both
houses, he shall give the casting vote.
SOURCES: 1817 art IV §19; 1869 art V §16.
SECTION 130.
The
lieutenant-governor shall receive for his services the same compensation
as the speaker of the house of representatives.
SOURCES: 1869 art V §16.
SECTION 131.
When the office of Governor shall become vacant, by death or otherwise,
the Lieutenant Governor shall possess the powers and discharge the
duties of the office. When the Governor shall be absent from the state,
or unable, from protracted illness, to perform the duties of the office,
the Lieutenant Governor shall discharge the duties of said office until
the Governor be able to resume his duties; but if, from disability or
otherwise, the Lieutenant Governor shall be incapable of performing said
duties, or if he be absent from the state, the President of the Senate
Pro Tempore shall act in his stead; but if there be no such president,
or if he be disqualified by like disability, or be absent from the
state, then the Speaker of the House of Representatives shall assume the
office of Governor and perform the duties; and in case of the inability
of the foregoing officers to discharge the duties of Governor, the
Secretary of State shall convene the Senate to elect a President Pro
Tempore. The officer discharging the duties of Governor shall receive
as compensation while performing such duties, the compensation to which
he is regularly entitled by law for service in the position to which he
was elected and, in addition thereto, an amount equal to the difference
between such regular compensation and the compensation of the Governor.
Should a doubt arise as to whether a vacancy has occurred in the office
of Governor or as to whether any one of the disabilities mentioned in
this section exists or shall have ended, then the Secretary of State
shall submit the question in doubt to the judges of the Supreme Court,
who, or a majority of whom, shall investigate and determine the question
and shall furnish to the Secretary of State an opinion, in writing,
determining the question submitted to them, which opinion, when rendered
as aforesaid, shall be final and conclusive.
SOURCES: 1817 art IV §§20, 21, and 22; 1832 art V §§17 and 18; 1869
art V §17; Laws 1992, ch. 721, effective December 8, 1992.
NOTE: The 1992 amendment of Section 131was proposed by Laws 1992,
ch. 721, Senate Concurrent Resolution No. 527, and upon ratification by
the electorate on November 3, 1992, was inserted by proclamation of the
Secretary of State on December 8, 1992.
SECTION 132.
In case
the election for lieutenant-governor shall be contested, the contest
shall be tried and determined in the same manner as a contest for the
office of governor.
SOURCES: 1869 art V §18.
SECTION 133.
There
shall be a secretary of state, who shall be elected as herein provided.
He shall be at least twenty-five years of age, a citizen of the state
five years next preceding the day of his election, and he shall continue
in office during the term of four years, and shall be keeper of the
capitol; he shall keep a correct register of all official acts and
proceedings of the governor; and shall, when required, lay the same, and
all papers, minutes, and vouchers relative thereto, before the
legislature, and he shall perform such other duties as may be required
of him by law. He shall receive such compensation as shall be
prescribed.
SOURCES: 1817 art IV §14; 1832 art V §14; 1869 art V §19.
SECTION 134.
A State
Treasurer and an Auditor of Public Accounts shall be elected as herein
provided, who shall hold their office for the term of four (4) years,
and shall possess the same qualifications as required for the Secretary
of State. They shall receive such compensation as may be provided by
law.
SOURCES: 1817 art IV §25; 1832 art V §20; 1869 art V §20; Laws
1966, ch. 692; Laws 1986, ch. 634, effective November 20, 1986.
NOTE: The 1966 amendment to Section 134, which eliminated the
prohibition against the treasurer and the auditor of public accounts
immediately succeeding each other in office, and the prohibition against
the auditor of public accounts immediately succeeding himself in that
office, was proposed by House Concurrent Resolution No. 38, ch. 692,
adopted at the 1966 regular session of the Legislature, and upon
ratification by the electorate on November 8, 1966, was inserted by
proclamation of the Secretary of State on November 23, 1966.
The 1986 amendment to Section 134 was proposed by
Laws 1986, ch. 634, Senate Concurrent Resolution No. 513, and upon
ratification by the electorate on November 4, 1986, was inserted by
proclamation of the Secretary of State on November 20, 1986.
SECTION 135.
Effective January 1, 1964, there shall be a sheriff, coroner, assessor,
tax collector and surveyor for each county to be selected as elsewhere
provided herein, who shall hold their office for four years and who
shall be eligible to immediately succeed themselves in office, provided,
however, if the offices of sheriff and tax collector are combined the
holder thereof shall not be eligible to immediately succeed himself in
office. The Legislature may combine any one or more of said offices in
any county or counties and shall fix their compensation. The duties
heretofore imposed on the county treasurer shall be discharged by some
person or persons selected as required by law.
SOURCES: 1869 art V §21; Laws 1924, ch. 142; Laws 1962, ch. 683,
effective June 22, 1962.
NOTE: The 1962 amendment to Section 135 was proposed by Senate
Concurrent Resolution No. 109, ch. 683, of the 1962 regular session of
the Legislature, and upon ratification by the electorate on June 5,
1962, was inserted by proclamation of the Secretary of State on June 22,
1962.
SECTION 136.
All officers named in this article shall hold their offices during the
term for which they were selected, unless removed, and until their
successors shall be duly qualified to enter on the discharge of their
respective duties.
SOURCES: 1869 art V §22.
SECTION 137.
Repealed.
NOTE: Former
Section 137 required that the state treasurer publish in a newspaper
located at the seat of government, within ten days of the first of
January and July of each year, a statement of the condition of the
treasury including the balance on hand and information concerning the
nature of the funds. The former section also required verification by
inpection and certification of the count by the governor.
The repeal of Section 137 was proposed by Laws
1990, ch. 695, Senate Concurrent Resolution No. 562, and upon
ratification by the electorate on November 6, 1990, was deleted by
proclamation of the Secretary of State on December 19, 1990.
SECTION 138.
The sheriff, coroner, assessor, surveyor, clerks of courts, and members
of the board of supervisors of the several counties, and all other
officers exercising local jurisdiction therein, shall be selected in the
manner provided by law for each county.
SOURCES: 1817 art IV §24; 1832 art V §19.
SECTION 139.
The legislature may empower the governor to remove and appoint officers,
in any county or counties or municipal corporations, under such
regulations as may be prescribed by law.
SECTION 140.
The Governor of the state shall be chosen in in the following manner: On
the first Tuesday after the first Monday of November of A.D. 1895, and
on the first Tuesday after the first Monday of November in every fourth
year thereafter, until the day shall be changed by law, an election
shall be held in the several counties and districts created for the
election of members of the House of Representatives in this state, for
Governor, and the person receiving in any county or such legislative
district the highest number of votes cast therein, for said office,
shall be holden to have received as many votes as such county or
district is entitled to members in the House of Representatives, which
last named votes are hereby designated "electoral votes". In all cases
where a representative is apportioned to two (2) or more counties or
districts, the electoral vote based on such representative, shall be
equally divided among such counties or districts. The returns of said
election shall be certified by the election commissioners, or the
majority of them, of the several counties and transmitted, sealed, to
the seat of government, directed to the Secretary of State, and shall be
by him safely kept and delivered to the Speaker of the House of
Representatives on the first day of the next ensuing session of the
Legislature.
The Speaker shall, on the same day he shall have received said
returns, open and publish them in the presence of the House of
Representatives, and said House shall ascertain and count the vote of
each county and legislative district and decide any contest that may be
made concerning the same, and said decision shall be made by a majority
of the whole number of members of the House of Representatives
concurring therein by a viva voce vote, which shall be recorded in its
journal; provided, in case the two (2) highest candidates have an equal
number of votes in any county or legislative district, the electoral
vote of such county or legislative district shall be considered as
equally divided between them. The person found to have received a
majority of all the electoral votes, and also a majority of the popular
vote, shall be declared elected.
SOURCES: 1817 art IV §2; 1832 art V §2; 1869 art V §2; Laws 1982,
ch. 621 effective January 28, 1983.
NOTE: The 1982 amendment to Section 140 was proposed by Laws 1982,
ch. 621, Senate Consurrent Resolution No. 517, of the 1982 regular
session of the Legislature, and upon ratification by the electorate on
November 2, 1982, was inserted by proclamation of the Secretary of State
on January 28, 1983.
SECTION 141.
If no person shall receive such majorities, then the house of
representatives shall proceed to choose a governor from the two persons
who shall have received the highest number of popular votes. The
election shall be by viva voce vote, which shall be recorded in the
journal, in such manner as to show for whom each member voted.
SECTION 142.
In case of an election of governor or any state officer by the house of
representatives, no member of that house shall be eligible to receive
any appointment from the governor or other state officer so elected,
during the term for which he shall be elected.
SECTION 143.
All other state officers shall be elected at the same time, and in the
same manner as provided for election of governor.
ARTICLE 6
JUDICIARY
SECTION 144. Judicial power of state.
SECTION 145. Composition of Supreme Court.
SECTION 145-A. Addition of judges to Supreme Court.
SECTION 145-B. Further addition of judges to Supreme Court.
SECTION 146. Jurisdiction of Supreme Court.
SECTION 147. Reversal of judgment for want of
jurisdiction; remand.
SECTION 148. Holding of Supreme Court at seat of
government.
SECTION 149. Term of office of Supreme Court
judges.
SECTION 149-A. Divisions of Supreme Court.
SECTION 150. Eligibility requirements for Supreme
Court Judges.
SECTION 151. Repealed.
SECTION 152. Circuit and chancery court districts.
SECTION 153. Election and terms of circuit and
chancery court judges.
SECTION 154. Qualifications for circuit or
chancery court judges.
SECTION 155. Judicial oath of office.
SECTION 156. Jurisdiction of circuit court.
SECTION 157. Exclusive jurisdiction of chancery
court; transfer.
SECTION 158. Holding of circuit court.
SECTION 159. Jurisdiction of chancery court.
SECTION 160. Additional jurisdiction of chancery
court.
SECTION 161. Concurrent jurisdiction of chancery
and circuit court.
SECTION 162. Transfer to circuit court.
SECTION 163. Certification of transferred causes.
SECTION 164. Holding of chancery court.
SECTION 165. Disqualification of judges.
SECTION 166. Compensation of judges.
SECTION 167. Civil officers as conservators of
peace.
SECTION 168. Clerks of court.
SECTION 169. Style of process.
SECTION 170. County districts; board of
supervisors.
SECTION 171. Justice court judges; jurisdiction.
SECTION 172. Establishment and abolishment of
inferior courts.
SECTION 172-A. Court order for tax levy or tax increase
prohibited.
SECTION 173. Attorney-general.
SECTION 174. District attorneys.
SECTION 175. Liability and punishment of public
officers.
SECTION 176. Qualifications for member of board of
supervisors.
SECTION 177. Vacancy in office of judge or
chancellor.
SECTION 177-A. Commission on judicial performance.
SECTION 144.
The judicial power of the state shall be vested in a Supreme Court and
such other courts as are provided for in this constitution.
SOURCES: 1817 art V §1; 1832 art IV §1; 1869 art VI §1.
SECTION 145.
The Supreme Court shall consist of three judges, any two of whom, when
convened, shall form a quorum. The legislature shall divide the state
into three Supreme Court districts, and there shall be elected one judge
for and from each district by the qualified electors thereof at a time
and in the manner provided by law; but the removal of a judge to the
state capitol during his term of office shall not render him ineligible
as his own successor for the districts from which he has removed. The
present incumbents shall be considered as holding their terms of office
from the state at large. The adoption of this amendment shall not
abridge the terms of any of the present incumbents, but they shall
continue to hold their respective offices until the expiration of the
terms for which they were respectively appointed.
SOURCES: Laws 1915, ch. 156.
SECTION 145-A.
The Supreme Court shall consist of six judges, that is to say, of three
judges in addition to the three provided for by Section 145 of this
Constitution, any four of whom when convened shall form a quorum. The
additional judges herein provided for shall be selected one for and from
each of the Supreme Court districts in the manner provided by Section
145 of this Constitution, or any amendments thereto. Their terms of
office shall be as provided by Section 149 of this Constitution, or any
amendment thereto.
SOURCES: Laws 1916, ch. 154.
SECTION 145-B.
The Supreme Court shall consist of nine judges, that is to say, of three
judges in addition to the six provided for by Section 145-A of this
Constitution, any five of whom when convened shall constitute a quorum.
The additional judges herein provided for shall be selected one for and
from each of the supreme court districts in the manner provided by
Section 145-A of this Constitution or any amendment thereto. Their terms
of office shall be as provided by Section 149 of this Constitution or
any amendment thereto.
SOURCES: Laws 1950, ch. 592; Laws 1952, ch. 468.
SECTION 146.
The Supreme Court shall have such jurisdiction as properly belongs to a
court of appeals and shall exercise no jurisdiction on matters other
than those specifically provided by this Constitution or by general law.
The Legislature may by general law provide for the Supreme Court to have
original and appellate jurisdiction as to any appeal directly from an
administrative agency charged by law with the responsibility for
approval or disapproval of rates sought to be charged the public by any
public utility. The Supreme Court shall consider cases and proceedings
for modification of public utility rates in an expeditious manner
regardless of their position on the court docket.
SOURCES: 1832 art IV §4; 1869 art VI §4; Laws 1983, ch. 682,
effective January 3, 1984.
NOTE: The 1983 amendment to Section 146 was proposed by Senate
Concurrent Resolution No. 514, ch. 682, of the 1983 regular session of
the Legislature and, upon ratification by the electorate on November 8,
1983, was inserted by proclamation of the Secretary of State on January
3, 1984.
SECTION 147.
No judgment or decree in any chancery or circuit court rendered in a
civil cause shall be reversed or annulled on the ground of want of
jurisdiction to render said judgment or decree, from any error or
mistake as to whether the cause in which it was rendered was of equity
or common-law jurisdiction; but if the Supreme Court shall find error in
the proceedings other than as to jurisdiction, and it shall be necessary
to remand the case, the Supreme Court may remand it to that court which,
in its opinion, can best determine the controversy.
SECTION 148.
The Supreme Court shall be held twice in each year at the seat of
government at such time as the legislature may provide.
SOURCES: 1832 art IV §7; 1869 art VI §7.
SECTION 149.
The term of office of the judges of the Supreme Court shall be eight (8)
years. The legislature shall provide as near as can be conveniently done
that the offices of not more than a majority of the judges of said court
shall become vacant at any one time; and if necessary for the
accomplishment of that purpose, it shall have power to provide that the
terms of office of some of the judges first to be elected shall expire
in less than eight years. The adoption of this amendment shall not
abridge the terms of any of the present incumbents of the office of
judge of the Supreme Court; but they shall continue to hold their
respective offices until the expiration of the terms for which they were
respectively appointed.
SOURCES: 1869 art IV §3; Laws 1916, ch. 157.
SECTION 149-A.
The Supreme Court shall have power, under such rules and regulations as
it may adopt, to sit in two divisions of three judges each, any two of
whom when convened shall form a quorum; each division shall have full
power to hear and adjudge all cases that may be assigned to it by the
court. In event the judges composing any division shall differ as to the
judgment to be rendered in any cause, or in event any judge of either
division, within a time and in a manner to be fixed by the rules to be
adopted by the court, shall certify that in his opinion any decision of
any division of the court is in conflict with any prior decision of the
court or of any division thereof, the cause shall then be considered and
adjudged by the full court or a quorum thereof.
SOURCES: Laws 1916, ch. 152.
SECTION 150.
No personal shall be eligible to the office of judge of the Supreme
Court who shall not have attained the age of thirty years at the time of
his appointment, and who shall not have been a practicing attorney and a
citizen of the state for five years immediately preceding such
appointment.
SOURCES: 1832 art IV §6; 1869 art VI §6.
SECTION 151.
Repealed.
NOTE:
This section was eliminated by an amendment
adopted November 3, 1914, Laws 1916, ch 150. The number is retained to
prevent a change in the numbers of the sections. The original section
provided for filling vacancies on the Supreme Court under the appointive
system.
SECTION 152.
The Legislature shall divide the state into an appropriate number of
circuit court districts and chancery court districts.
The Legislature shall, by statute, establish certain criteria by
which the number of judges in each district shall be determined, such
criteria to be based on population, the number of cases filed and other
appropriate data.
Following the 1980 Federal Decennial Census and following each
federal decennial census thereafter, the Legislature shall redistrict
the circuit and chancery court districts. Should the Legislature fail
to redistrict the circuit or chancery court districts by December 31 of
the fifth year following the 1980 Federal Decennial Census or by
December 31 of the fifth year following any federal decennial census
thereafter, the Supreme Court shall, by order, redistrict such circuit
or chancery court districts. Any order by the Supreme Court which
redistricts the circuit or chancery court districts shall become
effective at a date to be set therein and shall, without alteration of
the composition of the districts established in such order, be enacted
by the next succeeding session of the Legislature.
The circuit and chancery court districts established by the
Legislature prior to the approval of this amendment shall remain in
force and effect until such time as they are redistricted under the
provisions of this amendment.
SOURCES: 1832 art IV §13; 1869 art VI §13; Laws 1981, ch. 708; Laws
1992, ch. 720, effective December 8, 1992.
NOTE: The 1981 amendment to Section 152 was proposed by House
Concurent Resolution No. 23, ch. 708 of the 1981 regular session of the
Legislature, and upon ratification by the electorate on November 2,
1982, was inserted by proclamation of the Secretary of State on January
28, 1983.
The 1992 amendment of Section 152 was proposed by
Senate Concurrent Resolution No. 526, ch. 720, and upon ratification of
the electorate on November 3, 1992, was inserted by proclamation of the
Secretary of State on December 8, 1992.
SECTION 153.
The judges of the circuit and chancery courts shall be elected by the
people in a manner and at a time to be provided by the legislature and
the judges shall hold their office for a term of four years.
SOURCES: 1869 art VI §11; Laws 1912, ch. 415.
SECTION 154.
No person shall be eligible to the office of judge of the circuit court
or of the chancery court who shall not have been a practicing lawyer for
five years and who shall not have attained the age of twenty-six years,
and who shall not have been five years a citizen of this state.
SOURCES: 1832 art IV §12; 1869 art VI §12.
SECTION 155.
The judges of the several courts of this state shall, before they
proceed to execute the duties of their respective offices, take the
following oath or affirmation, to-wit: "I, ----, solemnly swear (or
affirm) that I will administer justice without respect to persons, and
do equal right to the poor and to the rich, and that I will faithfully
and impartially discharge and perform all the duties incumbent upon me
as ---- according to the best of my ability and understanding, agreeably
to the Constitution of the United States and the Constitution and laws
of the state of Mississippi. So help me God."
SECTION 156.
The circuit court shall have original jurisdiction in all matters civil
and criminal in this state not vested by this Constitution in some other
court, and such appellate jurisdiction as shall be prescribed by law.
SOURCES: 1832 art IV §14; 1869 art VI §14.
SECTION 157.
All causes that may be brought in the circuit court whereof the chancery
court has exclusive jurisdiction shall be transferred to the chancery
court.
SECTION 158.
A
circuit court shall be held in each county at least twice in each year,
and the judges of said courts may interchange circuits with each other
in such manner as may be provided by law.
SOURCES: 1832 art IV §15; 1869 art VI §15.
SECTION 159.
The chancery court shall have full jurisdiction in the following matters
and cases, viz.:
(a) All matters in equity;
(b) Divorce and alimony;
(c) Matters testamentary and of administration;
(d) Minor's business;
(e) Cases of idiocy, lunacy, and persons of unsound mind;
(f) All cases of which the said court had jurisdiction under the laws in
force when this Constitution is put in operation.
SOURCES: 1832 third amendment; 1869 art VI §16.
SECTION 160.
And in addition to the jurisdiction heretofore exercised by the chancery
court in suits to try title and to cancel deeds and other clouds upon
title to real estate, it shall have jurisdiction in such cases to decree
possession, and to displace possession; to decree rents and compensation
for improvements and taxes; and in all cases where said court heretofore
exercised jurisdiction, auxiliary to courts of common law, it may
exercise such jurisdiction to grant the relief sought, although the
legal remedy may not have been exhausted or the legal title established
by a suit at law.
SECTION 161.
And the chancery court shall have jurisdiction, concurrent with the
circuit court, of suits on bonds of fiduciaries and public officers for
failure to account for money or property received, or wasted or lost by
neglect or failure to collect, and of suits involving inquiry into
matters of mutual accounts; but if the plaintiff brings his suit in the
circuit court, that court may, on application of the defendant, transfer
the cause to the chancery court, if it appear that the accounts to be
investigated are mutual and complicated.
SECTION 162.
All causes that may be brought in the chancery court whereof the circuit
court has exclusive jurisdiction shall be transferred to the circuit
court.
SECTION 163.
The legislature shall provide by law for the due certification of all
causes that may be transferred to or from any chancery court or circuit
court, for such reformation of the pleadings therein as may be
necessary, and the adjudication of the costs of such transfer.
SECTION 164.
A
chancery court shall be held in each county at least twice in each year.
SOURCES: 1869 art VI §17 and third amendment.
SECTION 165.
No judge
of any court shall preside on the trial of any cause, where the parties
or either of them, shall be connected with him by affinity or
consanguinity, or where he may be interested in the same, except by the
consent of the judge and of the parties. Whenever any judge of the
Supreme Court or the judge or chancellor of any district in this state
shall, for any reason, be unable or disqualified to preside at any term
of court, or in any case where the attorneys engaged therein shall not
agree upon a member of the bar to preside in his place, the governor may
commission another, or others, of law knowledge, to preside at such term
or during such disability or disqualification in the place of the judge
or judges so disqualified.
SOURCES: 1832 art IV §9; Laws 1916, ch. 155.
SECTION 166.
The judges of the Supreme Court, of the circuit courts, and the
chancellors shall receive for their services a compensation to be fixed
by law, which shall not be increased or diminished during their
continuance in office.
SOURCES: 1832 art IV §10; 1869 art VI §§10 and 15.
SECTION 167.
All civil officers shall be conservators of the peace, and shall be by
law vested with ample power as such.
SOURCES: 1817 art V §12; 1832 art IV §22; 1869 art VI §22.
SECTION 168.
The clerk of the Supreme Court shall be appointed by the Supreme Court
in the manner and for a term as shall be provided by the Legislature,
and the clerk of the circuit court and the clerk of the chancery court
shall be selected in each county in the manner provided by law, and
shall hold office for the term of four (4) years, and the Legislature
shall provide by law what duties shall be performed during vacation by
the clerks of the circuit and chancery courts, subject to the approval
of the court.
SOURCES: 1869 art VI §19; Laws 1976, ch. 616, effective December 8,
1976.
NOTE: The 1976 amendment to Section 168 was proposed by Laws 1976,
ch. 616, Senate Concurrent Resolution No. 548, and upon ratification of
the electorate on November 2, 1976, was inserted by proclamation of the
Secretary of State on December 8, 1976.
SECTION 169.
The
style of all process shall be "The State of Mississippi," and all
prosecutions shall be carried on in the name and by authority of the
"State of Mississippi," and all indictments shall conclude "against the
peace and dignity of the state."
SOURCES: 1817 art V §13; 1832 art IV §17; 1869 art VI §18.
SECTION 170.
Each county shall be divided into five districts, a resident freeholder
of each district shall be selected, in the manner prescribed by law, and
the five so chosen shall constitute the board of supervisors of the
county, a majority of whom may transact business. The board of
supervisors shall have full jurisdiction over roads, ferries, and
bridges, to be exercised in accordance with such regulations as the
legislature may prescribe, and perform such other duties as may be
required by law; provided, however, that the legislature may have the
power to designate certain highways as "state highways," and place such
highways under the control and supervision of the state highway
commission, for construction and maintenance. The clerk of the chancery
court shall be the clerk of the board of supervisors.
SOURCES: 1832 art IV § 20 and second amendment; 1869 art VI §20;
Laws 1924, ch. 143.
NOTE: House Concurrent Resolution No. 75, Part I, enacted as ch.
592, Laws 1990, adopted by the House of Representatives and the Senate
on March 28, 1990, proposed to amend Section 170. The proposed
amendment was submitted to the electorate on November 6, 1990, but was
rejected.
SECTION 171.
A
competent number of justice court judges and constables shall be chosen
in each county in the manner provided by law, but not less than two (2)
such judges in any county, who shall hold their office for the term of
four (4) years. Each justice court judge shall have resided two (2)
years in the county next preceding his selection and shall be high
school graduate or have a general equivalency diploma unless he shall
have served as a justice of the peace or been elected to the office of
justice of the peace prior to January 1, 1976. All persons elected to
the office of justice of the peace in November, 1975, shall take office
in January, 1976, as justice court judges.
The maximum civil jurisdiction of the justice court shall extend to
causes in which the principal amount in controversy is Five Hundred
Dollars ($500.00) or such higher amount as may be prescribed by law.
The justice court shall have jurisdiction concurrent with the circuit
court over all crimes whereof the punishment prescribed does not extend
beyond a fine and imprisonment in the county jail; but the Legislature
may confer on the justice court exclusive jurisdiction in such petty
misdemeanors as the Legislature shall see proper.
In all causes tried in justice court, the right of appeal shall be
secured under such rules and regulations as shall be prescribed by law,
and no justice court judge shall preside at the trial of any cause where
he may be interested, or the parties or either of them shall be
connected with him by affinity or consanguinity, except by the consent
of the justice court judge and of the parties.
All references in the Mississippi Code to justice of the peace
shall mean justice court judge.
SOURCES: 1817 art V §8; 1832 art IV §23; 1869 art VI §23; Laws
1975, ch. 518, effective December 8, 1975.
NOTE: The 1975 amendment to Section 171 was proposed by Laws 1975,
ch. 518, House Concurrent Resolution No. 11, and upon ratification by
the electorate on November 4, 1975, was inserted by proclamation of the
Secretary of State on December 8, 1975.
SECTION 172.
The legislature shall, from time to time, establish such other inferior
courts as may be necessary, and abolish the same whenever deemed
expedient.
SOURCES: 1832 art IV §24; 1869 art VI §24.
SECTION 172-A.
Neither the Supreme Court nor any inferior court of this state shall
have the power to instruct or order the state or any political
subdivision thereof, or an official of the state or a political
subdivision, to levy or increase taxes.
SOURCES: Laws 1995, ch. 635, effective December 5, 1995.
NOTE: The addition of Section 172-A was proposed by Laws 1995, ch.
635, House Concurrent Resolution No. 40, and upon ratification by the
electorate on November 7, 1995, was inserted by proclamation of the
Secretary of State on December 5, 1995.
SECTION 173.
There shall be an attorney-general elected at the same time and in the
same manner as the governor is elected, whose term of office shall be
four years and whose compensation shall be fixed by law. The
qualifications for the attorney-general shall be the same as herein
prescribed for judges of the circuit and chancery courts.
SOURCES: 1817 art V §14; 1832 art IV §25; 1869 art VI §25.
SECTION 174.
A
district attorney for each circuit court district shall be selected in
the manner provided by law, whose term of office shall be four years,
whose duties shall be prescribed by law, and whose compensation shall be
a fixed salary.
SOURCES: 1817 art V §14; 1832 art IV §25; 1869 art VI §25.
SECTION 175.
All public officers, for wilful neglect of duty or misdemeanor in
office, shall be liable to presentment or indictment by a grand jury;
and, upon conviction, shall be removed from office, and otherwise
punished as may be prescribed by law.
SECTION 176.
No person shall be a member of the board of supervisors who is not a
resident freeholder in the district for which he is chosen. The value of
real estate necessary to be owned to qualify persons in the several
counties to be members of said board shall be fixed by law.
SOURCES: 1869 art XII §29.
NOTE: House Concurrent Resolution No. 75, Part II, enacted as ch.
592, Laws 1990, adopted by the House of Representatives and the Senate
on March 28, 1990, proposed to amend Section 176. The proposed
amendment was submitted to the electorate on November 6, 1990, but was
rejected.
SECTION 177.
The governor shall have power to fill any vacancy which may happen
during the recess of the senate in the office of judge or chancellor, by
making a temporary appointment of an incumbent, which shall expire at
the end of the next session of the senate, unless a successor shall be
sooner appointed and confirmed by the senate. When a temporary
appointment of a judge or chancellor has been made during the recess of
the senate, the governor shall have no power to remove the person or
appointee, nor power to withhold his name from the senate for their
action.
SECTION 177-A.
There shall be a commission on judicial performance of the State of
Mississippi, to be composed of seven (7) members; three (3) of whom
shall be judges of courts of record in the state which are trial courts
of original jurisdiction, other than justice courts; one (1) member
shall be a justice court judge; two (2) lay persons who reside in the
state and who have never held judicial office or been members of the bar
of Mississippi; and one (1) practicing attorney who has practiced law in
the state for at least ten (10) years. All judicial members are to be
appointed by the judiciary of the State of Mississippi as provided by
law. Restrictions on the members of the commission may be imposed by
statute. Members of the commission on judicial performance not subject
to impeachment shall be subject to removal from the commission by
two-thirds (2/3) vote of the supreme court sitting en banc.
On recommendation of the commission on judicial performance, the
supreme court may remove from office, suspend, fine or publicly censure
or reprimand any justice or judge of this state for: (a) actual
conviction of a felony in a court other than a court of the State of
Mississippi; (b) willful misconduct in office; (c) willful and
persistent failure to perform his duties; (d) habitual intemperance in
the use of alcohol or other drugs; or (e) conduct prejudicial to the
administration of justice which brings the judicial office into
disrepute; and may retire involuntarily any justice or judge for
physical or mental disability seriously interfering with the performance
of his duties, which disability is or is likely to become of a permanent
character.
A recommendation of the commission on judicial performance for the
censure, removal or retirement of a justice of the supreme court shall
be determined by a tribunal of seven (7) judges selected by lot from a
list consisting of all the circuit and chancery judges at a public
drawing by the secretary of state. The vote of the tribunal to censure,
remove or retire a justice of the supreme court shall be by secret
ballot and only upon two-thirds (2/3) vote of the tribunal.
All proceedings before the commission shall be confidential, except
upon unanimous vote of the commission. After a recommendation of removal
or public reprimand of any justice or judge is filed with the clerk of
the supreme court, the charges and recommendations of the commission
shall be made public. The commission may, with two-thirds (2/3) of the
members concurring, recommend to the supreme court the temporary
suspension of any justice or judge against whom formal charges are
pending. All proceedings before the supreme court under this section and
any final decisions made by the supreme court shall be made public as in
other cases at law.
SOURCES: Laws 1979, ch. 520, effective November 30, 1979.
NOTE: The insertion of Section 177-A was proposed by Laws 1979,
ch. 520, House Concurrent Resolution No. 33, of the 1979 regular session
of the Legislature, and upon ratification by the electorate on November
6, 1979, was inserted by proclamation of the Secretary of State on
November 30, 1979.
ARTICLE 7
CORPORATIONS
SECTION 178. Formation; charter of incorporation.
SECTION 179. Compliance with provisions.
SECTION 180. Organization.
SECTION 181. Taxation.
SECTION 182. Tax exemptions.
SECTION 183. Subscription to capital stock by
counties or municipalities.
SECTION 184. Railroads.
SECTION 185. Rolling-stock as personal property
subject to execution and sale.
SECTION 186. Telephone, telegraph and railroad
charges.
SECTION 187. Repealed.
SECTION 188. Free or discounted tickets to public
officers.
SECTION 189. Repealed.
SECTION 190. Eminent domain; police powers.
SECTION 191. Protection of corporate employees.
SECTION 192. Public utilities may be exempted from
municipal tax; duration.
SECTION 193. Remedy for injury to railroad
employee.
SECTION 194. Repealed.
SECTION 195. Common carriers designated.
SECTION 196. Repealed.
SECTION 197. Repealed.
SECTION 198.
Trusts, combinations, contracts and agreements inimical to public
welfare.
SECTION 198-A. Right to work; labor unions.
SECTION 199. “Corporation” defined.
SECTION 200. Enforcement of provisions.
SECTION 178.
Corporations shall be formed under general laws only. The Legislature
shall have power to alter, amend or repeal any charter of incorporation
now existing and revocable, and any that may hereafter be created,
whenever, in its opinion, it may be for the public interest to do so.
Provided, however, that no injustice shall be done to the stockholders.
SOURCES: Laws 1987, ch. 690, effective December 4, 1987.
NOTE: The insertion of Section 178 was proposed by Laws 1987, ch.
690, Senate Concurrent Resolution No. 549, and upon ratification by the
electorate on November 3, 1987, was inserted by proclamation of the
Secretary of State on December 4, 1987.
SECTION 179.
The legislature shall never remit the forfeiture of the franchise of any
corporation now existing, nor alter nor amend the charter thereof, nor
pass any general or special law for the benefit of such corporation,
except upon the condition that such corporation shall thereafter hold
its charter and franchises subject to the provisions of this
constitution; and the reception by any corporation of any provision of
any such laws, or the taking of any benefit or advantage from the same,
shall be conclusively held an agreement by such corporation to hold
thereafter its charter and franchises under the provisions hereof.
SECTION 180.
All existing charters or grants of corporate franchise under which
organizations have not in good faith taken place at the adoption of this
Constitution shall be subject to the provisions of this article; and all
such charters under which organizations shall not take place in good
faith and business be commenced within one year from the adoption of
this Constitution, shall thereafter have no validity; and every charter
or grant of corporate franchise hereafter made shall have no validity,
unless an organization shall take place thereunder and business be
commenced within two years from the date of such charter or grant.
SECTION 181.
The property of all private corporations for pecuniary gain shall be
taxed in the same way and to the same extent as the property of
individuals, but the legislature may provide for the taxation of banks
and banking capital, by taxing the shares according to the value thereof
(augmented by the accumulations, surplus, and unpaid dividends),
exclusive of real estate, which shall be taxed as other real estate.
Exemptions from taxation to which corporations are legally entitled at
the adoption of this Constitution, shall remain in full force and effect
for the time of such exemption as expressed in their respective
charters, or by general laws, unless sooner repealed by the legislature.
And, domestic insurance companies shall not be required to pay a greater
tax in the aggregate than is required to be paid by foreign insurance
companies doing business in this state, except to the extent of the
excess of their ad valorem tax over the privilege tax imposed upon such
foreign companies; and the legislature may impose privilege taxes on
building and loan associations in lieu of all other taxes except on
their real estate.
SOURCES: 1869 art XII §13.
SECTION 182.
The power to tax corporations and their property shall never be
surrendered or abridged by any contract or grant to which the state or
any political subdivision thereof may be a party, except that the
Legislature may grant exemption from taxation in the encouragement of
manufactures and other new enterprises of public utility extending for a
period of not exceeding ten (10) years on each such enterprise hereafter
constructed, and may grant exemptions not exceeding ten (10) years on
each addition thereto or expansion thereof, and may grant exemptions not
exceeding ten (10) years on future additions to or expansions of
existing manufactures and other enterprises of public utility. The time
of each exemption shall commence from the date of completion of the new
enterprise, and from the date of completion of each addition or
expansion, for which an exemption is granted. When the Legislature
grants such exemptions for a period of ten (10) years or less, it shall
be done by general laws, which shall distinctly enumerate the classes of
manufactures and other new enterprises of public utility, entitled to
such exemptions, and shall prescribe the mode and manner in which the
right to such exemptions shall be determined.
SOURCES: Laws 1961, ch. 9, 1st Extraordinary Session,
effective October 16, 1961.
NOTE: The 1961 amendment to Section 182 was proposed by Laws 1961,
ch. 9, 1st Extraordinary Session, and upon ratification by
the electorate on October 3, 1961, was inserted by proclamation of the
Secretary of State on October 16, 1961.
SECTION 183.
No county, city, town, or other municipal corporation shall hereafter
become a subscriber to the capital stock of any railroad or other
corporation or association, or make appropriation, or loan its credit in
aid of such corporation or association. All authority heretofore
conferred for any of the purposes aforesaid by the legislature or by the
charter of any corporation, is hereby repealed. Nothing in this section
contained shall affect the right of any such corporation, municipality,
or county to make such subscription where the same has been authorized
under laws existing at the time of the adoption of this Constitution,
and by a vote of the people thereof, had prior to its adoption, and
where the terms of submission and subscription have been or shall be
complied with, or to prevent the issue of renewal bonds, or the use of
such other means as are or may be prescribed by law for the payment or
liquidation of such subscription, or of any existing indebtedness.
SECTION 184.
All railroads which carry persons or property for hire shall be public
highways, and all railroad companies so engaged shall be common
carriers. Any company organized for that purpose under the laws of the
state shall have the right to construct and operate a railroad between
any points within this state, and to connect at the state line with
roads of other states. Every railroad company shall have the right with
its road to intersect, connect with, or cross any other railroad; and
all railroad companies shall receive and transport each other's
passengers, tonnage, and cars, loaded or empty, without unnecessary
delay or discrimination.
SECTION 185.
The
rolling-stock belonging to any railroad company or corporation in this
state shall be considered personal property, and shall be liable to
execution and sale as such.
SECTION 186.
The legislature shall pass laws to prevent abuses, unjust
discrimination, and extortion in all charges of express, telephone,
sleeping-car, telegraph, and railroad companies, and shall enact laws
for the supervision of railroads, express, telephone, telegraph,
sleeping-car companies, and other common carriers in this state, by
commission or otherwise, and shall provide adequate penalties, to the
extent, if necessary for that purpose, of forfeiture of their
franchises.
SECTION 187.
Repealed.
NOTE: Former
Section 187 required that if a railroad pased within three miles of any
county seat that it was required to pass through same and establish a
depot therein unless prevented by natural obstacles and provided for the
grant of rights of way and grounds for depot purposes.
The repeal of Section 187 was proposed by Laws 1977, ch.
585, Senate Concurrent Resolution No. 552, and upon ratification by the
electorate on November 7, 1978, was deleted by proclamation of the
Secretary of State on December 22, 1978.
SECTION 188.
No railroad or other transportation company shall grant free passes or
tickets, or passes or tickets at a discount, to members of the
legislature, or any state, district, county, or municipal officers,
except railroad commissioners. The legislature shall enact suitable laws
for the detection, prevention, and punishment of violations of this
provision.
SECTION 189.
Repealed.
NOTE:
Former Section 189 provided that all charters granted to private
corporations in the state be recorded in the chancery clerk’s office of
the county in which the principal office or place of business of the
company is located.
The repeal of Section 189 was proposed by Laws 1987, ch.
692, Senate Concurrent Resolution No. 551, and upon ratification by the
electorate on November 3, 1987, was deleted by proclamation of the
Secretary of State on December 4, 1987.
SECTION 190.
The exercise of the right of eminent domain shall never be abridged, or
so construed as to prevent the legislature from taking the property and
franchises of incorporated companies, and subjecting them to public use;
and the exercise of the police powers of the state shall never be
abridged, or so construed as to permit corporations to conduct their
business in such manner as to infringe upon the rights of individuals or
general well-being of the state.
SECTION 191.
The
legislature shall provide for the protection of the employees of all
corporations doing business in this state from interference with their
social, civil, or political rights by said corporations, their agents or
employees.
SECTION 192.
Provision shall be made by general laws whereby cities and towns may be
authorized to aid and encourage the establishment of manufactories,
gasworks, waterworks, and other enterprises of public utility other than
railroads, within the limits of said cities or towns, by exempting all
property used for such purposes from municipal taxation for a period not
longer than ten years.
SECTION 193.
Every employee of any railroad corporation shall have the same right and
remedies for any injury suffered by him from the act or omission of said
corporation or its employees, as are allowed by law to other persons not
employees where the injury results from the negligence of a superior
agent or officer, or of a person having the right to control or direct
the services of the party injured, and also when the injury results from
the negligence of a fellow-servant engaged in another department of
labor from that of the party injured, or of a fellow-servant on another
train of cars, or one engaged about a different piece of work. Knowledge
by any employee injured, of the defective or unsafe character or
condition of any machinery, ways, or appliances, shall be no defense to
an action for injury caused thereby, except as to conductors or
engineers in charge of dangerous or unsafe cars, or engines voluntarily
operated by them. Where death ensues from any injury to employees, the
legal or personal representatives of the person injured shall have the
same right and remedies as are allowed by law to such representatives of
other persons. Any contract or agreement, express or implied, made by
any employee to waive the benefit of this section shall be null and
void; and this section shall not be construed to deprive any employee of
a corporation or his legal or personal representative, of any right or
remedy that he now has by the law of the land. The legislature may
extend the remedies herein provided for to any other class of employees.
SECTION 194.
Repealed.
NOTE: Former
Section 194 provided for shareholder voting for managers and directors
of incorporated companies, provided for issuance of preferred stock with
no voting rights, and provided that no person engaged or interested in a
competing business serve on the board of directors without consent of a
majority in interest of the stockholders.
The repeal of Section 194 was proposed by Laws 1987, ch.
691, Senate Concurrent Resolution No. 550, and upon ratification by the
electorate on November 3, 1987, was deleted by proclamation of the
Secretary of State on December 4, 1987.
SECTION 195.
Express, telegraph, telephone, and sleeping-car companies are declared
common carriers in their respective lines of business, and subject to
liability as such.
SECTION 196.
Repealed.
NOTE: Former
Section 196 provided that no transportation corporation could issue
stocks or bonds except for money or labor done or agreed to be done or
money or property actually received and the section declared fictitious
increases of stock or indebtedness void.
The repeal of Section 196 was proposed by Laws 1987, ch.
689, Senate Concurrent Resolution 548, and upon ratification by the
electorate on November 3, 1987, was deleted by proclamation of the
Secretary of State on December 4, 1987.
SECTION 197.
Repealed.
NOTE: Former
Section 197 required that any foreign corporation or association wishing
to be granted a license to build, operate or lease any railroad in the
state, where such railroad would be partially in Mississippi and
partially in another state or states, must first become incorporated
under the laws of Mississippi. The former section also pertained to a
domestic railroad company consolidating with a foreign company.
The repeal of Section 197 was proposed by Laws 1989, ch.
588, House Concurrent Resolution No. 6, and upon ratification by the
electorate on June 20, 1989, was deleted by proclamation of the
Secretary of State on August 1, 1989.
SECTION 198.
The legislature shall enact laws to prevent all trusts, combinations,
contracts, and agreements inimical to the public welfare.
SECTION 198-A.
It is hereby declared to be the public policy of Mississippi that the
right of a person or persons to work shall not be denied or abridged on
account of membership or nonmembership in any labor union or labor
organization. Any agreement or combination between any employer and any
labor union or labor organization whereby any person not a member of
such union or organization shall be denied the right to work for an
employer, or whereby such membership is made a condition of employment
or continuation of employment by such employer, or whereby any such
union or organization acquires an employment monopoly in any enterprise,
is hereby declared to be an illegal combination or conspiracy and
against public policy. No person shall be required by an employer to
become or remain a member of any labor union or labor organization as a
condition of employment or continuation of employment by such employer.
No person shall be required by an employer to abstain or refrain from
membership in any labor union or labor organization as a condition of
employment or continuation of employment. No employer shall require any
person, as a condition of employment or continuation of employment, to
pay any dues, fees or other charges of any kind to any labor union or
labor organization. Any person who may be denied employment or be
deprived of continuation of his employment in violation of any paragraph
of this section shall be entitled to recover from such employer and from
any other person, firm, corporation or association acting in concert
with him by appropriate action in the courts of this state such actual
damages as he may have sustained by reason of such denial or deprivation
of employment.
The provisions of this section shall not apply to any lawful
contract in force on the effective date of this section, but they shall
apply to all contracts thereafter entered into and to any renewal or
extension of an existing contract thereafter occurring. The provisions
of this section shall not apply to any employer or employee under the
jurisdiction of the Federal Railway Labor Act.
SOURCES: Laws 1990, ch. 512, effective June 22, 1960.
NOTE: The 1960 insertion of this section was proposed by Laws
1960, ch. 512, so as to guarantee that the right of persons to work
shall not be denied or abridged on account of membership or
nonmembership in a labor union or labor organization, and declaring the
public policy of this state in this regard. This proposed amendment was
ratified by the electorate at a special election held June 7, 1960, and
was inserted by proclamation of the Secretary of State on June 22, 1960.
SECTION 199.
The term "corporation" used in this article shall include all
associations and all joint-stock companies for pecuniary gain having
privileges not possessed by individuals or partnerships.
SECTION 200.
The legislature shall enforce the provisions of this article by
appropriate legislation.
ARTICLE 8
EDUCATION
SECTION 201. Free public schools.
SECTION 202. State Superintendent of Public
Education.
SECTION 203. State Board of Education.
SECTION 204. County superintendents of education.
SECTION 205. Repealed.
SECTION 206. State common-school fund; additional
tax levy by district.
SECTION 206-A. Establishment of education improvement trust fund.
SECTION 207. Repealed.
SECTION 208.
Control of funds by religious sect; certain appropriations prohibited.
SECTION 209. Institutions for education of deaf,
dumb and blind.
SECTION 210. Sale of public school supplies.
SECTION 211. Sixteenth section lands.
SECTION 212.
Interest rate on Choctaw School Fund and other educational trust
funds.
SECTION 213. Agricultural and mechanical colleges.
SECTION 213-A. State institutions of higher learning.
SECTION 213-B. Repealed.
SECTION 201.
The Legislature shall, by general law, provide for the establishment,
maintenance and support of free public schools upon such conditions and
limitations as the Legislature may prescribe.
SOURCES: Laws 1934, ch. 362; Laws 1960, ch. 547; Laws 1987, ch. 671
effective, December 4, 1987.
NOTE: The 1960 amendment to Section 201 was proposed by Laws 1960,
ch. 547, and upon ratification by the electorate on November 8, 1960,
was inserted by proclamation of the Secretary of State on November 23,
1960.
The 1987 amendment to Section 201 was proposed by
Laws 1987, ch. 671, House Concurrent Resolution No. 9, and upon
ratification by the electorate on November 3, 1987, was inserted by
proclamation of the Secretary of State on December 4, 1987.
SECTION 202.
(1) Until July 1, 1984, there shall be a Superintendent of Public
Education elected at the same time and in the same manner as the
Governor, who shall have the qualifications required by the Secretary of
State, and hold his office for four (4) years, and until his successor
shall be elected and qualified, who shall have the general supervision
of the common schools and and of the educational interests of the state,
and who shall perform such other duties and receive compensation as
shall be prescribed by law. However, an election for the Superintendent
of Public Education shall not be held at the general election in 1983,
and the term of the Superintendent of Public Education who was elected
at the general election in 1979 shall be extended to July 1, 1984, on
which date it shall expire.
(2) From and after July 1, 1984, there shall be a State
Superintendent of Public Education who shall be appointed by the State
Board of Education, with the advice and consent of the Senate, and serve
at the board's will and pleasure. He shall possess such qualifications
as may be prescribed by law. He shall be the chief administrative
officer for the State Department of Education and shall administer the
department in accordance with the policies established by the State
Board of Education. He shall perform such other duties and receive such
compensation as shall be prescribed by law.
SOURCES: 1869 art VIII §3; Laws 1982, ch. 616, effective January
28, 1983.
NOTE: The 1982 amendment to Section 202 was proposed by Laws 1982,
ch. 616, Senate Concurrent Resolution No. 506, of the 1982 regular
session of the Legislature, and upon ratification of the electorate on
November 2, 1982, was inserted by proclamation of the Secretary of State
on January 28, 1983.
SECTION 203.
(1) Until July 1, 1984, there shall be a board of education, consisting
of the Secretary of State, the Attorney General and the Superintendent
of Public Education, for the management and investment of the school
funds according to law, and for the performance of such other duties as
may be prescribed. The superintendent and one (1) other of said board
shall constitute a quorum.
(2) From and after July 1, 1984, there shall be a State Board of
Education which shall manage and invest school funds according to law,
formulate policies according to law for implementation by the State
Department of Education, and perform such other duties as prescribed by
law. The board shall consist of nine (9) members of which none shall be
an elected official. The Governor shall appoint one (1) member who shall
be a resident of the Northern Supreme Court District and who shall
serve an initial term of one (1) year, one (1) member who shall be a
resident of the Central Supreme Court District and who shall serve an
initial term of five (5) years, one (1) member who shall be a resident
of the Southern Supreme Court District and who shall serve an initial
term of nine (9) years, one (1) member who shall be employed on an
active and full-time basis as a school administrator and who shall serve
an initial term of three (3) years, and one (1) member who shall be
employed on an active and full-time basis as a schoolteacher and who
shall serve an initial term of seven (7) years. The Lieutenant Governor
shall appoint two (2) members from the state at large, one (1) of whom
shall serve an initial term of four (4) years and one (1) of whom shall
serve an initial term of eight (8) years. The Speaker of the House of
Representatives shall appoint two (2) members from the state at large,
one (1) of who shall serve an initial term of two (2) years and one (1)
of whom shall serve an initial term of six (6) years. The initial terms
of appointees shall begin on July 1, 1984, and all subsequent
appointments shall begin on the first day of July for a term of (9)
years and continue until their successors are appointed and qualify. An
appointment to fill a vacancy which arises for reasons other than by
expiration of a term of office shall be for the unexpired term only. The
Legislature shall by general law prescribe the compensation which
members of the board shall be entitled to receive. All members shall be
appointed with the advice and consent of the Senate and no members shall
be actively engaged in the educational profession except as stated
above.
SOURCES: 1869 art VIII §3; Laws 1982, ch. 616, effective January
28, 1983.
NOTE: The 1982 amendment to Section 203 was proposed by Senate
Concurrent Resolution No. 506, ch. 616, of the 1982 regular session of
the Legislature, and upon ratification by the electorate on November 2,
1982, was inserted by proclamation of the Secretary of State on January
28, 1983.
SECTION 204.
There
shall be a superintendent of public education in each county, who shall
be appointed by the board of education by and with the advice and
consent of the senate, whose term of office shall be four years, and
whose qualifications, compensation, and duties, shall be prescribed by
law: Provided, That the legislature shall have power to make the office
of county school superintendent of the several counties elective, or may
otherwise provide for the discharge of the duties of county
superintendent, or abolish said office.
SOURCES: 1869 art VIII §4.
SECTION 205.
Repealed.
NOTE: Former
Section 205 empowered the Legislature to establish and maintain free
public schools and the term or terms thereof in each county of the
state.
The repeal of Section 205 was proposed by Laws
1987, ch. 671, House Concurrent Resolution No. 9, and upon ratification
by the electorate on November 3, 1987, was deleted by proclamation of
the Secretary of State on December 4, 1987.
SECTION 206.
There shall be a state common-school fund, to be taken from the General
Fund in the State Treasury, which shall be used for the maintenance and
support of the common schools. Any county or separate school district
may levy an additional tax, as prescribed by general law, to maintain
its schools. The state common-school fund shall be distributed among the
several counties and separate school districts in proportion to the
number of educable children in each, to be determined by data collected
through the office of the State Superintendent of Education in the
manner to be prescribed by law.
SOURCES: 1869 art VIII §6. See amendment No. 2; Laws 1904, ch.
173; Laws 1989, ch. 589, effective August 1, 1989.
NOTE: The 1989 amendment to Section 206 of was proposed by Laws
1989, ch. 589, House Concurrent Resolution No. 9, and upon ratification
by the electorate on June 20, 1989, was inserted by proclamation of the
Secretary of State on August 1, 1989.
SECTION 206-A.
There is hereby created and established in the State Treasury a trust
fund which may be used, as hereinafter provided, for the improvement of
education within the State of Mississippi. There shall be deposited in
such trust fund:
(a)
(a)
The
state's share of all oil severance taxes and gas severance taxes derived
from oil and gas resources under state-owned lands or from severed
state-owned minerals;
(b)
(b)
(b) Any
and all monies received by the state from the development, production
and utilization of oil and gas resources under state-owned lands or from
severed state-owned minerals, except for the following portions of such
monies:
(i) All mineral leasing revenues specifically
reserved by general law in effect at the time of the ratification of
this amendment for the following purposes: (A) management of a state
leasng program; (B) clean-up, remedial or abatement actions involving
pollution as a result of oil or gas exploration or production; (C)
management or protection of state waters, land and wildlife; or (D)
acquisition of additional waters and land; and
(ii) Monies derived from sixteenth section
lands and lands held in lieu thereof or from minerals severed from
sixteenth section lands and lands held in lieu thereof; and
(iii) Monies derived from lands or minerals
administered in trust for any state institution of higher learning or
administered therefor by the head of any such institution;
(c) Any gift, donation, bequest, trust,
grant, endowment or transfer of money or securities designated for said
trust fund; and
(d) All such monies from any other source
whatsoever as the Legislature shall, in its discretion, so appropriate
or shall, by general law, so direct.
The principal of the trust fund shall remain inviolate and shall be
invested as provided by general law. Interest and income derived from
investment of the principal of the trust fund may be appropriated by the
Legislature by a majority vote of the elected membership of each house
of the Legislature and expended exclusively for the education of the
elementary and secondary school students and/or vocational and technical
training in this state.
SOURCES: Laws 1985, ch. 546, effective November 20, 1986.
NOTE: The insertion of Section 206-A was proposed by Laws 1985,
ch. 546, House Concurrent Resolution No. 35, and upon ratification by
the electorate on November 4, 1986, was inserted by proclamation of the
Secretary of State on November 20, 1986.
Laws 1966, ch. 399, §2, effective July 1, 1986,
provides as follows:
“Upon the effective date of this act, any funds,
including interest earned theron, to the credit of the special fund for
the administration of the Mineral Lease Division of the Department of
Natural Resources and to the credit of the Gulf and Wildlife Protection
Fund, which are in excess of the amounts set forth in Section 29-7-3 to
be used for the purposes prescribed therin, shall be transferred into
the Education Trust Fund created in Section 206-A.”
SECTION 207.
Repealed.
NOTE: Former
Section 207 provided that separate schools be maintained for “children
of the white and colored races.”
The repeal of Section 207 was proposed by Laws 1977, ch.
587, Senate Concurrent Resolution No. 557, and upon ratification by the
electorate on November 7, 1978, was deleted by proclamation by the
Secretary of State on December 22, 1978.
SECTION 208.
No religious or other sect or sects shall ever control any part of the
school or other educational funds of this state; nor shall any funds be
appropriated toward the support of any sectarian school, or to any
school that at the time of receiving such appropriation is not conducted
as a free school.
SOURCES: 1869 art VIII §9.
SECTION 209.
It shall be the duty of the legislature to provide by law for the
support of institutions for the education of the deaf, dumb, and blind.
SOURCES: 1869 art XII §27.
SECTION 210.
No public officer of this state, or any district, county, city, or town
thereof, nor any teacher or trustee of any public school, shall be
interested in the sale, proceeds, or profits of any books, apparatus, or
furniture to be used in any public school in this state. Penalties shall
be provided by law for the violation of this section.
NOTE: Senate Concurent Resolution No. 514, enacted as ch. 655,
Laws 1984, adopted by the Senate on April 26, 1984, and the House of
Representatives on April 25, 1984, proposed to repeal Section 210. The
proposed repeal was submitted to the electorate on November 6, 1984, but
was rejected.
SECTION 211.
(1) The Legislature shall enact such laws as may be necessary to
ascertain the true condition of the title to the sixteenth section lands
in this state, or lands granted in lieu thereof, in the Choctaw
Purchase, and shall provide that the sixteenth section lands reserved
for the support of township schools, except as hereinafter provided,
shall not be sold nor shall they be leased for a longer term than ten
(10) years for lands situated outside municipalities and for lands
situated within municipalities for a longer term than ninety-nine (99)
years, for a gross sum; provided further, that existing leases of the
sixteenth section lands situated in the municipalities of the state may,
for a gross sum, be extended for a term of years not exceeding
ninety-nine (99) years from the date of such extension, but the
Legislature may provide for the lease of sixteenth section lands for a
term of years not exceeding twenty-five (25) years for forest and
agricultural lands and not exceeding forty (40) years for all other
classifications of such lands for a ground rental, payable annually, and
in the case of uncleared lands may lease them for such short terms as
may be deemed proper in consideration of the improvement thereof, with
right thereafter to lease for a term or to hold on payment of ground
rent; provided however, that land granted in lieu of sixteenth section
lands in this state and situated outside of the county holding or owning
same may be sold and the proceeds from such sale may be invested in a
manner to be prescribed by the Legislature; but provided further,
however, that the Legislature, for industrial development thereon, may
authorize the sale, in whole or in part for a gross sum or otherwise, of
sixteenth section lands, or lands granted in lieu thereof situated
within the county; and the Legislature shall either provide for the
purchase of other lands within the county to be held for the benefit of
the township schools in lieu of the lands sold or shall provide for the
investment of the proceeds of such sale for the benefit of the township
schools, or the Legislature may provide for both purchase of other lands
to be so held and investment of proceeds for the benefit of the township
schools; and the Legislature, for industrial development thereon, may
authorize the granting of leases on sixteenth section lands, or lands
granted in lieu thereof, in whole or in part, for a gross sum or
otherwise, for terms not to exceed ninety-nine (99) years, and the
Legislature shall provide for the investment of the proceeds of such
leases for the benefit of the township schools. The Legislature may
authorize the lease of not more than three (3) acres of sixteenth
section lands or lands granted in lieu thereof for a term not exceeding
ninety-nine (99) years for a ground rental, payable annually, to any
church, having its principal place of worship situated on such lands,
which has been in continuous operation at that location for not less
than twenty-five (25) years at the time of the lease.
(2) Notwithstanding any limitation on the terms of leases provided
in subsection (l) of this section, the Legislature may provide, by
general law, for leases on liquid, solid or gaseous minerals with terms
coextensive with the operations to produce such minerals.
SOURCES: 1817 art VI §20; Laws 1942, ch. 329; Laws 1944, ch. 343;
Laws 1961, 1st Extraordinary Session, ch. 10; Laws 1986, ch.
643; Laws 1992, ch. 730, effective December 8, 1992.
NOTE: The 1961 amendment to Section 211 was proposed by Laws 1961,
ch. 10, 1st Extraordinary Session, ch. 10, and upon
ratification by the electorate on October 3, 1961, was inserted by
proclamation by the Secretary of State on October 16, 1961.
The 1986 amendment to Section 211 was proposed by
Senate Concurrent Resolution No. 537, ch. 643, of the 1986 regular
session of the Legislature, and upon ratification by the electorate on
November 4, 1986, was inserted by proclamation by the Secretary of State
on November 20, 1986.
The 1992 amendment of Section 211 was proposed by
Laws 1992, ch. 591, Senate Concurrent Resolution No. 552, and upon
ratification by the electorate on November 3, 1992, was inserted by
proclamation of the Secretary of State on December 8, 1992.
SECTION 212.
The rate of interest on the fund known as the "Chickasaw School Fund,"
and other trust funds for educational purposes for which the state is
responsible, shall be fixed, and remain as long as said funds are held
by the state, at six per centum per annum from and after the close of
the fiscal year A.D. 1891; and the distribution of said interest shall
be made semi-annually, on the first of May and November of each year.
SECTION 213.
The state having received and appropriated the land donated to it for
the support of agricultural and mechanical colleges by the United
States, and having, in furtherance of the beneficent design of congress
in granting said land, established the Agricultural and Mechanical
College of Mississippi and the Alcorn Agricultural and Mechanical
College, it is the duty of the state to sacredly carry out the
conditions of the act of congress upon the subject, approved July 2,
A.D. 1862, and the legislature shall preserve intact the endowments to
and support said colleges.
NOTE: MS Code §37-121-1 changed the name of Alcorn Agricultural
and Mechanical College to Alcorn State University.
SECTION 213-A.
The state institutions of higher learning now existing in Mississippi,
to-wit: University of Mississippi, Mississippi State University of
Agriculture and Applied Science, Mississippi University for Women,
University of Southern Mississippi, Delta State University, Alcorn State
University, Jackson State University, Mississippi Valley State
University, and any others of like kind which may be hereafter organized
or established by the State of Mississippi, shall be under the
management and control of a board of trustees to be known as the Board
of Trustees of State Institutions of Higher Learning, the members
thereof to be appointed by the Governor of the state with the advice and
consent of the Senate. The Governor shall appoint only men or women as
such members as shall be qualified electors residing in the district
from which each is appointed, and at least twenty-five (25) years of
age, and of the highest order of intelligence, character, learning, and
fitness for the performance of such duties, to the end that such board
shall perform the high and honorable duties thereof to the greatest
advantage of the people of the state of such educational institutions,
uninfluenced by any political considerations. There shall be appointed
one (1) member of such board from each congressional district of the
state as now existing and one (1) member from each Supreme Court
district, and two (2) members shall be appointed from the state at
large. The term of office of said trustees herein provided for shall
begin May 8, 1944; and it shall be the duty of the Governor to make such
appointments during the regular session of the Legislature of
Mississippi in 1944; and one-third (1/3) of the membership of said board
shall be appointed for a period of four (4) years; one-third (1/3) for
a period of eight (8) years; and one-third (1/3 for a period of twelve
(12) years; and thereafter their successors shall hold office for a
period of twelve (12) years. The members of the board of trustees as
constituted at the time this amendment shall be inserted in the
Constitution as a part thereof shall continue to hold office until their
respective terms expire under existing law, after which time the
membership of the board shall consist of the number hereinabove provided
for. In case of a vacancy on said board by death or resignation of a
member, or from any other cause than the expiration of such member's
term of office, the board shall elect his successor, who shall hold
office until the end of the next session of the Legislature. During such
term of the session of the Legislature the Governor shall appoint the
successor member of the board from the district from which his
predecessor was appointed, to hold office until the end of the period
for which such original trustee was appointed, to the end that one-third
(1/3) of such trustees' terms will expire each four (4) years.
The Legislature shall provide by law for the appointment of a
trustee for the La Bauve Fund at the University of Mississippi and for
the perpetuation of such fund.
Such board shall have the power and authority to elect the heads of
the various institutions of higher learning, and contract with all
deans, professors and other members of the teaching staff, and all
administrative employees of said institutions for a term not exceeding
four (4) years; but said board shall have the power and authority to
terminate any such contract at any time for malfeasance, inefficiency or
contumacious conduct, but never for political reasons.
Nothing herein contained shall in any way limit or take away the
power the Legislature had and possessed, if any, at the time of the
adoption of this amendment, to consolidate, abolish or change the status
of any of the above named institutions.
SOURCES: Laws 1942, ch. 342; Laws 1944, ch. 344; Laws 1987, ch.
673, effective December 4, 1987.
NOTE: The 1944 amendment of this section was duly inserted by the
Legislature in House Concurrent Resolution No. 13, Laws 1944, ch. 344.
The 1987 amendment of Section 213-A was proposed by
Laws 1987, ch. 673. House Concurrent Resolution No. 19, and upon
ratification by the electorate on November 3, 1987, was inserted by
proclamation of the Secretary of State on December 4, 1987.
MS Code §37-117-1 changed the name of Mississippi
State College for Women to Mississippi University for Women; MS Code
§37-121-1 changed the name of Alcorn Agricultural and Mechanical College
to Alcorn State University; MS Code §37-123-1 changed the name of Delta
State College to Delta State University.
SECTION 213-B.
Repealed.
NOTE: Former
Section 213-B provided that by vote of the Legislature public schools of
the state could be abolished; the counties and school districts could be
authorized to abolish their public schools; the legislature could
dispose of school buildings, land and property by lease, sale or
otherwise; and, authorized the legislature and governmental subdivisions
and districts to appropriate funds to aid educable children in the state
to secure an education.
The repeal of Section 213-B was proposed by Laws 1987, ch.
671, House Concurrent Resolution No. 9, and upon ratification by the
electorate on November 3, 1987, was deleted by proclamation of the
Secretary of State on December 4, 1987.
ARTICLE 9
MILITIA
SECTION 214. Persons subject to military duty.
SECTION 215. Organization of militia by
legislature.
SECTION 216. Appointment and removal of militia
officers.
SECTION 217. Governor as commander-in-chief.
SECTION 218. Major-general; brigadier-general.
SECTION 219. Adjutant-general.
SECTION 220. Exemption of militia from arrest for
certain offenses.
SECTION 221. Appropriations for Mississippi
national guard.
SECTION 222.
Support of Mississippi national guard by county boards
supervisors.
SECTION 214.
All able-bodied male citizens of the state between the ages of eighteen
and forty-five years shall be liable to military duty in the militia of
this state, in such manner as the legislature may provide.
SOURCES: 1869 art IX §1.
SECTION 215.
The legislature shall provide for the organizing, arming, equipping, and
discipline of the militia, and for paying the same when called into
active service.
SOURCES: 1817 art “Militia §1; 1832 art “Militia” §1; 1869 art IX
§2.
SECTION 216.
All officers of militia, except non-commissioned officers, shall be
appointed by the governor, by and with the consent of the senate, or
elected, as the legislature may determine; and no commissioned officer
shall be removed from office except by the senate on suggestion of the
governor, stating the ground on which such removal is recommended, or by
the decision of a court-martial pursuant to law, or at his own request.
SECTION 217.
The governor shall be commander-in-chief of the militia, except when it
is called into the service of the United States, and shall have power to
call forth the militia to execute the laws, repel invasion and to
suppress riots and insurrections.
SOURCES: 1817 art “Militia” §4; 1832 art “Militia” §4; 1869 art IX
§5.
SECTION 218.
The governor shall nominate, and, by and with the consent of the Senate,
commission one major-general for the state, who shall be a citizen
thereof, and also one brigadier-general for each congressional district,
who shall be a resident of the district for which he shall be appointed,
and each district shall constitute a militia division.
SOURCES: 1869 art IX §6.
SECTION 219.
The adjutant-general, and other staff officers to the
commander-in-chief, shall be appointed by the governor, and their
appointment shall expire with the governor's term of office, and the
legislature shall provide by law a salary for the adjutant-general
commensurate with the duties of said office.
SOURCES: 1869 art IX §7.
SECTION 220.
The militia shall be exempt from arrest during their attendance on
musters, and in going to and returning from the same, except in case of
treason, felony, or breach of the peace.
SOURCES: 1869 art IX §8.
SECTION 221.
The legislature is hereby required to make an annual appropriation for
the efficient support and maintenance of the Mississippi national guard,
which shall consist of not less than one hundred men for each senator
and representative to which this state may be entitled in the congress
of the United States; but no part of such funds shall be used in the
payment of said guard except when in actual service.
SOURCES: 1817 art “Militia” §3; 1832 art “Militia” §3; 1869 art IX
§4.
SECTION 222.
The legislature shall empower the board of supervisors of each county in
the state to aid in supporting a military company or companies of the
Mississippi national guard within its borders, under such regulations,
limitations, and restrictions as may be prescribed by law.
ARTICLE 10
THE PENITENTIARY AND
PRISONS
SECTION 223. Repealed
SECTION 224.
Employment of convicts on public roads, public works or public levee
projects.
SECTION 225.
Placement of convicts on state farms; prison industries; reformatory
schools; good behavior.
SECTION 226. Hire or lease of county jail
inmates.
SECTION 223.
Repealed.
NOTE: Former
Section 223 provided that no lease or hiring of penitentiary convicts
after December 31, 1984, be undertaken unless in compliance with Section
224 and that prior lease arrangements not extend beyond that date.
The repeal of Section 223 was proposed by Laws 1990, ch.
599, House Concurrent Resolution No. 99, Part II, and upon ratification
by the electorate on November 6, 1990, was deleted by proclamation of
the Secretary of State on December 19, 1990.
SECTION 224.
The legislature may authorize the employment under state supervision and
the proper officers and employees of the state, of convicts on public
roads or other public works, or by any levee board on any public levees,
under such provisions and restrictions as it may from time to time see
proper to impose; but said convicts shall not be let or hired to any
contractors under said board, nor shall the working of the convicts on
public roads, or public works, or by any levee board ever interfere with
the preparation for or the cultivation of any crop which it may be
intended shall be cultivated by the said convicts, nor interfere with
the good management of the state farm, nor put the state to any expense.
SECTION 225.
The Legislature may place the convicts on a state farm or farms and have
them worked thereon or elsewhere. It may also provide for the creation
of a nonprofit corporation for the purpose of managing and operating a
state prison industries program which may make use of state prisoners in
its operation. It may establish a reformatory school or schools, and
provide for keeping of juvenile offenders from association with hardened
criminals. It may provide for the commutation of the sentence of
convicts for good behavior, and for the constant separation of the
sexes, and for religious worship for the convicts.
SOURCES: 1869 art XII §28; Laws 1990, ch. 599, effective December
19, 1990
NOTE: The 1990 amendment to Section 225 was proposed by Laws 1990,
ch. 599, House Concurrent Resolution No. 99, Part I, and upon
ratification of the electorate on November 6, 1990, was inserted by
proclamation of the Secretary of State on December 19, 1990.
SECTION 226.
Convicts sentenced to the county jail shall not be hired or leased to
any person or corporation outside of the county of their conviction
after the first day of January, A.D. 1893, nor for a term that shall
extend beyond that date.
ARTICLE 11
LEVEES
SECTION 227. Maintenance of levee system.
SECTION 228. Levee districts.
SECTION 229. Boards of levee commissioners.
SECTION 230. Commissioner qualifications and bond.
SECTION 231. Election of commissioners.
SECTION 232. Duties and powers of commissioners.
SECTION 233. Appropriation of private property.
SECTION 234. Bills changing district boundaries or taxes.
SECTION 235. Report by levee board.
SECTION 236. Levee taxes.
SECTION 237. System of levee taxation.
SECTION 238. Property exempt from levee taxation.
SECTION 239. Publication of itemized account.
SECTION 227.
A
levee system shall be maintained in the state as provided in this
article.
SECTION 228.
The division heretofore made by the legislature of the alluvial land of
the state into two levee districts-viz., the Yazoo-Mississippi Delta
Levee District and the Mississippi Levee District, as shown by the laws
creating the same, and the amendments thereto-is hereby recognized, and
said districts shall so remain until changed by law; but the legislature
may hereafter add to either of said districts any other alluvial land in
the state.
SECTION 229.
There shall be a board of levee commissioners for the Yazoo-Mississippi
delta levee district which shall consist of two members from each of the
counties of Coahoma and Tunica, and one member from each of the
remaining counties, or parts of counties now or hereafter embraced
within the limits of said district.
And there shall also be a board of levee commissioners for the
Mississippi levee district which shall consist of two members from each
of the counties of Bolivar and Washington and one from each of the
counties of Issaquena, Sharkey, and from that part of Humphreys county
now embraced within the limits of said district. In the event of the
formation of a new county, or counties out of the territory embraced in
either or both of said levee districts, each new county shall each be
entitled to representation and membership in the proper board or
boards.
And in the counties having two judicial districts and from which
said counties two levee commissioners are to be elected, at least one of
the commissioners shall reside in the judicial districts through which
the line of levee runs.
SOURCES: Laws 1928, ch. 357.
NOTE: Section 1 of Laws 1982, ch. 310, effective March 1, 1982,
provides as follows:
“The Board of Mississippi Levee Commissioners is hereby authorized
to join the Lower Mississippi Valley Flood Control Association and pay
dues annually. The board is also authorized to join any association or
make contributions to any organization which, in its opinion, can
contribute to the completion of flood control projects on the rivers in
its district.”
SECTION 230.
All of said commissioners shall be qualified electors of the respective
counties or parts of counties from which they may be chosen, except the
one selected for the Louisville, New Orleans and Texas Railway Company;
and the legislature shall provide that they shall each give bond for the
faithful performance of his duties, and shall fix the penalty thereof;
but the penalty of such bond in no instance shall be fixed at less than
ten thousand dollars, and the sureties thereon shall be freeholders of
the district.
SECTION 231.
The levee commissioners shall be elected by the qualified electors of
the respective counties, or parts of counties, from which they may be
chosen, said election to be held in the manner and at the time as may be
prescribed by law.
The term of office of said commissioners shall be four years.
SOURCES: Laws 1928, ch. 356.
NOTE: Section 1 of Laws 1983, ch. 317, effective from and after
April 15, 1983 (the date the United States Attorney General interposed
no objection under Section 5 of the Voting Rights Act of 1965), provides
as follows:
“Section 2, Laws 1930, ch. 85, as amended by
Section 1, Laws of 1968, ch. 574, is amended as follows:”
“SECTION 2. (a) Except as may be herein
otherwise provided, the general laws for the election of county officers
shall apply to govern the election of the commissioners of said levee
district from their respective counties and parts of counties.
(b) The County Election Commissioners shall have printed on the
ballot for any election provided for hereunder the name of any candidate
who shall have been requested to be a candidate for the office of
commissioner from his county by a petition filed not less than thirty
(30) days previous to the date of the election and signed by not less
than fifty (50) qualified electors of the county and of the levee
district wherein the candidates resides.
(c) Notwithstanding the provisions of subsections (a) and (b) of
this section, if ten (10) days prior to the date of the election, only
one (1) person shall have qualified as a candidate for the office of
levee commissioner, the County Election Commissioners shall certify to
the Board of Levee Commissioners that there is but one (1) candidate.
Thereupon, the County Election Commissioners shall dispense with the
election and appoint that one (1) candidate in lieu of an election. The
clerk of the board shall certify to the Secretary of State the fact of
such appointment in lieu of an election, and the person so appointed
shall be commissioned by the Governor.”
SECTION 232.
The commissioners of said levee districts shall have supervision of the
erection, repair, and maintenance of the levees in their respective
districts, and shall have power to cede all their rights of way and
levees and the maintenance, management and control thereof to the
government of the United States.
SOURCES: Laws 1900, ch. 200.
SECTION 233.
The levee boards shall have, and are hereby granted, authority and full
power to appropriate private property in their respective districts for
the purpose of constructing, maintaining, and repairing levees therein;
and when any owner of land, or any other person interested therein,
shall object to the location or building of the levee thereon, or shall
claim compensation for any land that may be taken, or for any damages he
may sustain in consequence thereof, the president, or other proper
officer or agent of such levee board, or owner of such land, or other
person interested therein, may forthwith apply for an assessment of the
damages to which said person claiming the same may be entitled;
whereupon the proceedings as now provided by law shall be taken, viz.:
In the Mississippi levee district, in accordance with the terms and
provisions of section three of an act entitled "An act to amend an act
to incorporate the board of levee commissioners for Bolivar, Washington,
and Issaquena counties, and for other purposes, approved November 27, A.
D. 1865, and to revise acts amendatory thereof," approved March 13, A.
D. 1884; and in the Yazoo-Mississippi Delta Levee District, in
accordance with the terms and provisions of section three of an act
entitled "An act to incorporate the board of levee commissioners for the
Yazoo-Mississippi Delta, and for other purposes," approved February 28,
A. D. 1884, and the amendments thereto; but the legislature shall have
full power to alter and amend said several acts, and to provide
different manners of procedure.
SECTION 234.
No bill changing the boundaries of the district, or affecting the
taxation or revenue of the Yazoo-Mississippi Delta Levee District, or
the Mississippi levee district, shall be considered by the legislature
unless said bill shall have been published in some newspaper in the
county in which is situated the domicile of the board of levee
commissioners of the levee district to be affected thereby, for four
weeks prior to the introduction thereof into the legislature; and no
such bill shall be considered for final passage by either the senate or
house of representatives, unless the same shall have been referred to,
and reported on, by an appropriate committee of each house in which the
same may be pending; and no such committee shall consider or report on
any such bill unless publication thereof shall have been made as
aforesaid.
SECTION 235.
Each levee board shall make, at the end of each fiscal year, to the
governor of this state, a report showing the condition of the levees and
recommending such additional legislation on the subject of the system as
shall be thought necessary, and showing the receipts and expenditures of
the board, so that each item, the amount and consideration therefor,
shall distinctly appear, together with such other matters as it shall be
thought proper to call to the attention of the legislature.
SECTION 236.
The legislature shall impose for levee purposes, in addition to the
levee taxes heretofore levied or authorized by law, a uniform tax of not
less than two nor more than five cents an acre per annum upon every acre
of land now or hereafter embraced within the limits of either or both of
said levee districts. The taxes so derived shall be paid into the
treasury of the levee board of the district in which the land charged
with the same is situated; and the legislature, by the act imposing said
tax, shall authorize said levee boards to fix the annual rate of
taxation per acre within the limits aforesaid, and thereby require said
levee boards, whenever a reduction is made by them in their other taxes,
to make a proportionate reduction in the acreage tax hereinbefore
mentioned; but said acreage tax shall not be reduced below two cents an
acre per annum; and all reductions in such taxation shall be uniform in
each of said districts; but the rate of taxation need not be the same in
both of them; and such specific taxes shall be assessed on the same
assessment roll, and collected under the same penalties, as ad valorem
taxes for levee purposes, and shall be paid at the same time with the
latter. And no levee board shall ever be permitted to buy lands when
sold for taxes; but the state shall have a prior lien for taxes due
thereto. The legislature may provide for the discontinuance of the tax
on cotton, but not in such manner as to affect outstanding bonds based
on it, and on the discontinuance of the tax on cotton, shall impose
another tax in lieu thereof; but the legislature may repeal the acreage
tax required to be levied hereby after the first day of January, A. D.
1895.
SECTION 237.
The legislature shall have full power to provide such system of taxation
for said levee districts as it shall, from time to time, deem wise and
proper.
SECTION 238.
No property situated between the levee and the Mississippi river shall
be taxed for levee purposes, nor shall damage be paid to any owner of
land so situated because of its being left outside a levee.
SECTION 239.
The legislature shall require the levee boards to publish at each of
their sessions an itemized account embracing their respective receipts
since the prior session, and such appropriations as have been made or
ordered by them respectively, in some newspaper or newspapers of the
district.
ARTICLE 12
FRANCHISE
SECTION 240. Elections to be by ballot.
SECTION 241. Qualifications for electors.
SECTION 241-A. Repealed.
SECTION 242. Voter registration.
SECTION 243. Repealed.
SECTION 244. Repealed.
SECTION 244-A. Additional qualifications for voter registration.
SECTION 245. Elector qualifications in municipal
elections.
SECTION 246. Regulation of elections.
SECTION 247. Securing fairness in party primary
elections and conventions.
SECTION 248. Remedies for illegal or improper
registration.
SECTION 249. Registration required to vote.
SECTION 250. Qualified electors eligible for
office.
SECTION 251. Time of registration.
SECTION 252. Terms of office; general election
dates.
SECTION 253. Restoration of right of suffrage
after crime.
SECTION 240.
All elections by the people shall be by ballot.
SOURCES: 1869 art VII §1.
SECTION 241.
Every inhabitant of this state, except idiots and insane persons, who is
a citizen of the United States of America, eighteen (18) years old and
upward, who has been a resident of this state for one (1) year, and for
one (1) year in the county in which he offers to vote, and for six (6)
months in the election precinct or in the incorporated city or town in
which he offers to vote, and who is duly registered as provided in this
article, and who has never been convicted of murder, rape, bribery,
theft, arson, obtaining money or goods under false pretense, perjury,
forgery, embezzlement or bigamy, is declared to be a qualified elector,
except that he shall be qualified to vote for President and Vice
President of the United States if he meets the requirements established
by Congress therefor and is otherwise a qualified elector.
SOURCES: Laws 1935, ch. 117; Laws 1950, ch. 569; Laws 1952, ch.
441; Laws 1968, ch. 614; Laws 1972, ch. 626, effective November 22,
1972.
NOTE: The 1968 amendment to Section 241 was proposed by House
Concurrent Resolution No. 5 of the 1968 regular session of the
Legislature, and upon ratification of the electorate on June 4, 1968,
was inserted by proclamation of the Secretary of State on June 13, 1968.
The 1972 amendment to Section 241 was proposed
by Laws 1972, ch. 626, Senate Concurrent Resolution No. 502, and upon
ratification by the electorate on November 7, 1972, was inserted by
proclamation of the Secretary of State on November 22, 1972.
SECTION 241-A.
Repealed.
NOTE:
Former
Section 241-A read as follows:
“In addition to all other qualifications required of a
person to be entitled to register for the purpose of becoming a
qualified elector, such person shall be of good moral character. The
legislature shall have the power to enforce the provisions of this
section by appropriate legislation.”
Former Section 241-A was proposed as an additional section by Laws 1960,
ch. 550, and upon ratification by the electorate on November 8, 1960,
was inserted by proclamation of the Secretary of State on November 23,
1960. The proposal for the repeal of this section was made by Laws
1965, ch. 40, Extraordinary Session, and upon the repeal being ratified
by the electorate on the third Tuesday of August, 1965, the Secretary of
State issued a proclamation setting out the fact that former Section
241-A stood repealed.
SECTION 242.
The legislature shall provide by law for the registration of all persons
entitled to vote at any election and shall prescribe an oath or
affirmation as to the truthfulness of the statements of every applicant
concerning his or her qualifications to be registered to vote. Any
wilful and corrupt false statement in said affidavit shall be perjury.
SOURCES: 1869 art VII §3; Laws 1965, ch. 40, Extraordinary Session,
effective August 31, 1965.
NOTE: The 1965 amendment to Section 242 to provide that the
legislature shall prescribe the form of oath to be taken by persons
offering to register to vote was proposed by Laws 1965, ch. 40,
Extraordinary Session, and upon ratification by the electorate on the
third Tuesday in August, 1965, was inserted by proclamation of the
Secretary of State on August 31, 1965.
SECTION 243.
Repealed.
NOTE: Former
Section 243 provided for a uniform poll tax to be used solely in aid of
common schools.
The repeal of Section 243 was proposed by Laws 1975, ch.
524, House Concurrent Resolution No. 46, and upon ratification of the
electorate on November 4, 1975, was deleted by proclamation of the
Secretary of State on December 8, 1975.
SECTION 244.
Repealed.
NOTE: Former
Section 244 provided that, in addition to any other qualifications,
every elector must be able to read and write.
An amendment to Section 244, which eliminated and amended
certain qualifications for voting, was proposed by Laws 1965, ch. 40,
Extraordinary Session, and upon ratification by the electorate on the
third Tuesday August, 1965, was inserted by proclamation of the
Secretary of State on August 31, 1965.
The
repeal of Section 244 was proposed by Laws 1975, ch. 523, House
Concurrent Resolution No. 45, and upon ratification by the electorate on
November 4, 1975, was deleted by proclamation of the Secretary of State
on December 8, 1975.
SECTION 244-A.
The legislature shall have the power to prescribe and enforce by
appropriate legislation qualifications to be required of persons to vote
and to register to vote in addition to those set forth in this
Constitution.
SOURCES: Laws 1965, ch. 40, Extraordinary Session, effective August 31,
1965.
NOTE: The amendment adding Section 244-A, to confer upon the
Legislature power to prescribe and enforce additional qualifications to
be required of persons to register and vote in addition to those set
forth in the Constitution, was proposed by Laws 1965, ch. 40,
Extraordinary Session, and upon ratification by the electorate on the
third Tuesday in August, 1965, was inserted by proclamation of the
Secretary of State on August 31, 1965.
SECTION 245.
Electors in municipal elections shall possess all the qualifications
herein prescribed, and such additional qualifications as may be provided
by law.
SECTION 246.
Prior to the first day of January, A.D. 1896, the elections by the
people in this state shall be regulated by an ordinance of this
convention.
SECTION 247.
The legislature shall enact laws to secure fairness in party primary
elections, conventions, or other methods of naming party candidates.
SECTION 248.
Suitable remedies by appeal or otherwise shall be provided by law, to
correct illegal or improper registration and to secure the elective
franchise to those who may be illegally or improperly denied the same.
SECTION 249.
No one shall be allowed to vote for members of the legislature or other
officers who has not been duly registered under the Constitution and
laws of this state, by an officer of this state, legally authorized to
register the voters thereof. And registration under the Constitution and
laws of this state by the proper officers of this state is hereby
declared to be an essential and necessary qualification to vote at any
and all elections.
SECTION 250.
All qualified electors and no others shall be eligible to office, except
as otherwise provided in this Constitution; provided, however, that as
to an office where no other qualification than that of being a qualified
elector is provided by this Constitution, the legislature may, by law,
fix additional qualifications for such office.
SOURCES: Laws 1962, ch. 640, effective November 16, 1962.
NOTE: The 1962 amendment to Section 250 was proposed by Laws 1962,
ch. 640, and upon ratification by the electorate at an election held on
the first Tuesday after the first Monday in November, 1962, was inserted
by proclamation of the Secretary of State on November 16, 1962.
SECTION 251.
Electors shall not be registered within four months next before any
election at which they may offer to vote; but appeals may be heard and
determined and revision take place at any time prior to the election;
and no person who, in respect to age and residence, would become
entitled to vote within the said four months, shall be excluded from
registration on account of his want of qualification at the time of
registration.
SECTION 252.
The term of office of all elective officers under this Constitution
shall be four years, except as otherwise provided herein. A general
election for all elective officers shall be held on the Tuesday next
after the first Monday of November, A.D. 1895, and every four years
thereafter; Provided, The legislature may change the day and date of
general elections to any day and date in October, November or December.
SECTION 253.
The legislature may, by a two-thirds vote of both houses, of all members
elected, restore the right of suffrage to any person disqualified by
reason of crime; but the reasons therefor shall be spread upon the
journals, and the vote shall be by yeas and nays.
ARTICLE 13
APPORTIONMENT
SECTION 254. Senatorial and representative districts.
SECTION 255. Repealed.
SECTION 256. Repealed.
SECTION 254.
The legislature shall at its regular session in the second year
following the 1980 decennial census and every ten (10) years
thereafter, and may, at any other time, by joint resolution, by majority
vote of all members of each house, apportion the state in accordance
with the constitution of the state and of the United States into
consecutively numbered senatorial and representative districts of
contiguous territory. The senate shall consist of not more than
fifty-two (52) senators, and the house of representatives shall consist
of not more than one hundred twenty-two (122) representatives, the
number of members of each house to be determined by the legislature.
Should the legislature adjourn, without apportioning itself as required
hereby, the governor by proclamation shall reconvene the legislature
within thirty (30) days in special apportionment session which shall
not exceed thirty (30) consecutive days, during which no other business
shall be transacted, and it shall be the mandatory duty of the
legislature to adopt a joint resolution of apportionment. Should a
special apportionment session not adopt a joint resolution of
apportionment as required hereby, a five-member commission consisting of
the chief justice of the supreme court as chairman, the attorney
general, the secretary of state, the speaker of the house of
representatives and the president pro tempore of the senate shall
immediately convene and within one hundred eighty (180) days of the
adjournment of such special apportionment session apportion the
legislature, which apportionment shall be final upon filing with the
office of the secretary of state. Each apportionment shall be effective
for the next regularly scheduled elections of members of the
legislature.
SOURCES: Laws 1962, ch. 57, 2nd Extraordinary Session,
effective February 13, 1963; Laws 1977, 2nd Extraordinary
Session, ch. 27, effective November 30, 1979.
NOTE: Laws of 1962, ch. 18, 1st Extraordinary Session,
which proposed the repeal of this section, was not approved by the
electorate.
The 1962 amendment to Section 254 was proposed by
Laws 1962, ch. 57, 2nd Extraordinary Session, and upon
ratification by the electorate on February 5, 1963, was inserted by
proclamation of the Secretary of State on February 13, 1963.
Laws 1962, ch. 57, 2nd Extraordinary
Session, also provides as follows: “Be it further resolved, that it is
the intenet of this resolution to provide by constitutional amendment
for the apportionment of Senators and Representatives to be elected in
1963 to take office the first Tuesday after the first Monday of January,
1964, and thereafter, and nothing contained herein shall serve to or be
construed to shorten or otherwise affect the term of office of any
Senator or Representative presently serving in that capacity. The
constitutional amendments submitted herewith shall, if approved, be
self-executing for the purpose of providing for senatorial and
legislative representation to be elected in 1963 in the event
implementing legislation is not enacted and approved.”
In a 1966 decision of a three-judge federal court,
Connor v Johnson, 256 F supp 962, supp op 265 F Supp 492, the provisions
of this section, as amended, were declared to be unconstitutional and
invalid for all future elections of members of the House of
Representatives.
The 1977 amendment to Section 254 was proposed by
Laws 1977, ch. 27, 2nd Extraordinary Session, Senate Concurrent
Resolution No. 507, and upon ratification by the electorate on November
6, 1979, was inserted by the Secretary of State on November 30, 1979.
SECTION 255.
Repealed.
NOTE: Former
Section 255, as amended effective February 13, 1963, provided that there
were 52 senators, enumerated and described the senatorial districts, and
provided for further reapportionment following the Federal Census of
1970.
Laws
of 1962, ch. 18, 1st Extraordinary Session, which also
proposed to amend this section, was not approved by the electorate.
The
1962 amendment to Section 255 was proposed by Laws 1962, ch. 57, 2nd
Extraordinary Session, and upon ratification by the electorate on
February 5, 1963, was inserted by proclamation of the Secretary of State
on February 13, 1963.
Laws
1962, ch. 57, 2nd Extraordinary Session also provides as
follows: “Be it further resolved, that it is the intent of this
resolution to provide by constitutional amendment for the apportionment
of Senators and Representatives to be elected in 1963 to take office the
first Tuesday after the first Monday of January, 1964, and thereafter,
and nothing contained herein shall seve to or be construed to shorten or
otherwise affect the term of office of any Senator or Representative
presently serving in that capacity. The constitutional amendments
submitted herewith shall, if approved, be self-executing for the purpose
of providing for senatorial and legislative representation to be elected
in 1963 in the event implementing legislation is not enacted and
approved.”
In a 1966 decision of a three-judge federal
court, Connor v Johnson, 256 F Supp 962, supp op 265 F Supp 492, the
provisions of this section, as amended, were declared to be
unconstitutional and invalid for all future elections of members of the
House of Representatives.
The
repeal of Section 255 was proposed by Laws 1977, ch. 27, 2nd
Extraordinary Session, Senate Concurrent Resolution No. 57, and upon
ratitication by the electorate on November 6, 1979, was deleted from the
Constitution by proclamation of the Secretary of State on November 30,
1979.
SECTION 256.
Repealed.
NOTE: Former
Section 256 read as follows:
“SECTION 256. The legislature may, at the first session
after the Federal census of 1900, and decennially, thereafter, make a
new apportionment of senators and representatives. At each
apportionment each county then organized shall have a least one
representative. The counties of Tishomingo, Alcorn, Prentiss, Lee,
Itawamba, Tippah, Union, Benton, Marshall, Lafayette, Pontotoc, Monroe,
Chickasaw, Calhoun, Yalobusha, Grenada, Carroll, Montgomery, Choctaw,
Webster, Clay, Lowndes and Oktibbeha, or the territory now composing
them, shall together never have less than forty-four representatives.
The counties of Attala, Winston, Noxubee, Kemper, Leake, Neshoba,
Lauderdale, Newton, Scott, Rankin, Clarke, Jasper, Smith, Simpson,
Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, Wayne, Greene,
Perry, Marion, Pike, Pearl River, Hancock, Harrison, and Jackson, or the
territory now composing then, shall together never have less than
forty-four representatives; nor shall the remaining counties of the
state, or the territory now composing then, ever have less than
forty-four representatives. A reduction in the number of senators and
representatives may be made by the legislature if the same be uniform in
each of the three divisions; but the number of representatives shall not
be less than one hundred, nor more than one hundred and thirty-three,
nor the number of senators less than thirty, nor more than forty-five,
provided that new counties hereafter created shall be given at least one
representative until the next succeeding apportionment.”
The repeal of Section 256 proposed by Laws 1962, ch. 57, 2nd
Extraordinary Session, became effective upon ratification of the
proposal by the electorate on February 5, 1963, and the certification
thereof by a proclamation of the Secretary of State on February 13,
1963.
ARTICLE 14
GENERAL
PROVISIONS
SECTION 257. Commencement of political year.
SECTION 258. Credit of state.
SECTION 259. Removal of county seat.
SECTION 260. Formation of new county; changing
judicial districts.
SECTION 261. Expenses of criminal prosecutions;
fines, forfeitures and costs.
SECTION 262. Asylums for the aged or infirm.
SECTION 263. Repealed.
SECTION 264. Qualifications of grand and petit
jurors.
SECTION 265. Denial of Supreme Being
disqualification to hold office.
SECTION 266. Holding office under federal or
foreign government.
SECTION 267. Devotion of time to office.
SECTION
268. Oath of office.
SECTION 269. Repealed.
SECTION
270. Repealed.
SECTION
271. Consolidation of counties.
SECTION 272.
Repealed.
SECTION
272-A. Retirement systems.
SECTION 257.
The political year of the state of Mississippi shall commence on
the first Monday of January in each year.
SOURCES: 1869 art IV §6, and art XII §1.
SECTION 258.
The credit of the state shall not be pledged or loaned in aid of any
person, association, or corporation; and the state shall not become a
stockholder in any corporation or association, nor assume, redeem,
secure, or pay any indebtedness or pretended indebtedness alleged to be
due by the state of Mississippi to any person, association, or
corporation whatsoever, claiming the same as owners, holders, or
assignees of any bond or bonds, now generally known as "Union Bank"
bonds and "Planters Bank" bonds.
SOURCES: 1832 art VII §9; 1869 art XII §5 and amendment 1.
SECTION 259.
No county seat shall be removed unless such removal be authorized by
two-thirds of the electors of the county voting therefor; but when the
proposed removal shall be toward the center of the county, it may be
made when a majority of the electors participating in the election shall
vote therefor.
SECTION 260.
No new county shall be formed unless a majority of the qualified
electors voting in each part of the county or counties proposed to be
dismembered and embraced in the new county, shall separately vote
therefor; nor shall the boundary of any judicial district in a county be
changed, unless, at an election held for that purpose, two-thirds of
those voting assent thereto. The elections provided for in this and the
section next preceding shall not be held in any county oftener than once
in four years. No new county shall contain less than four hundred square
miles; nor shall any existing county be reduced below that size.
SOURCES: 1817 art VI §19; 1832 art VII §17; 1869 art IV §37.
SECTION 261.
The expenses of criminal prosecutions shall be borne by the county in
which such prosecution shall be begun; and all fines and forfeitures
shall be paid into the treasury of such county. Defendants, in cases of
conviction, may be taxed with the costs.
SOURCES: Laws 1966, ch. 732, effective June 20, 1966.
NOTE: The 1966 amendment to Section 261 was proposed by Laws 1966,
ch. 732, Senate Concurrent Resolution No. 115, adopted at the regular
session of the 1966 Legislature, and upon ratification by the electorate
on June 7, 1966, was inserted by proclamation of the Secretary of State
on June 20, 1966.
SECTION 262.
The board of supervisors shall have power to provide homes or farms as
asylums for those persons who, by reason of age, infirmity, or
misfortune, may have claims upon the sympathy and aid of society; and
the legislature shall enact suitable laws to prevent abuses by those
having the care of such persons.
SOURCES: 1869 art XII §29.
SECTION 263.
Repealed.
NOTE:
Former
Section 263 declared a marriage void between a white person and negro or
mulatto with one-eighth or more of negro blood.
The repeal of Section 263 was proposed by Laws
1987, ch. 672, House Concurrent Resolution No. 13, and upon
ratification by the electorate on November 3, 1987, was deleted by
proclamation of the Secretary of State on December 4, 1987.
SECTION 264.
The Legislature shall, by law, provide for the qualifications of grand
and petit jurors. The Legislature shall provide, by law, for procuring
a list of persons so qualified, and the drawing therefrom of grand and
petit jurors. After February 1, 1973, grand jurors may serve both in
termtime and vacation and any circuit judge may empanel a grand jury in
termtime or in vacation.
SOURCES: Laws 1960, ch. 502; Laws 1972, ch. 538, effective November
22, 1972.
NOTE: The 1960 amendment to Section 264 was proposed by Laws 1960,
ch. 502, and upon ratification by the electorate on November 8, 1960,
was inserted by proclamation of the Secretary of State on November 23,
1960.
The 1972 amendment to Section 264 was proposed
by Laws 1972, ch. 538, House Concurrent Resolution No. 4 of the 1972
regular session of the Legislature, and upon ratification of the
electorate was inserted by proclamation of the Secretary of State on
November 22, 1972.
SECTION 265.
No person who denies the existence of a Supreme Being shall hold any
office in this state.
SOURCES: 1817 art VI §6; 1832 art VII §5; 1869 art XII §3.
SECTION 266.
No person holding or exercising the rights or powers of any office of
honor or profit, either in his own right or as a deputy, or while
otherwise acting for or in the name or by the authority of another,
under any foreign government, or under the government of the United
States, shall hold or exercise in any way the rights and powers of any
office of honor or profit under the laws or authority of this state,
except notaries, commissioners of deeds, and United States
commissioners.
SOURCES: 1817 art III §27 and art VI §15; 1832 art VII §13; 1869
art XII §3.
SECTION 267.
No person elected or appointed to any office or employment of profit
under the laws of this state, or by virtue of any ordinance of any
municipality of this state, shall hold such office or employment without
personally devoting his time to the performance of the duties thereof.
SECTION 268.
All officers elected or appointed to any office in this state, except
judges and members of the legislature, shall, before entering upon the
discharge of the duties thereof, take and subscribe the following oath:
"I, ________, do solemnly swear (or affirm) that I will faithfully
support the Constitution of the United States and the Constitution of
the State of Mississippi, and obey the laws thereof; that I am not
disqualified from holding the office of ________; that I will faithfully
discharge the duties of the office upon which I am about to enter. So
help me God."
SOURCES: 1817 art VI §1; 1832 art VII §1; 1869 art XII §26.
SECTION 269.
Repealed.
NOTE: Former
Section 269 read as follows:
“SECTION 269. Every devise or bequest of lands,
tenemants, or hereditaments, or any interest therein, of freehold or
less than freehold, either present or future, vested or contingent, or
of any money directed to be raised by the sale therof, contained in any
last will and testament, or codicil, or other testamentary writing, in
favor of any religious or ecclesiastical corporation, sole or aggregate,
or any religious or ecclesiastical society, or to any religious
denomination or association or persons, or to any person or body
politic, in trust, either express or implied, secret or resulting,
either for the use and benefit of such religious corporation, society,
denomination, or association, or for the purpose of being given or
appropriated to charitable uses or purposes, shall be null and void, and
the heir at law shall take the same property so devised or bequeathed,
as though no testamentary disposition had been made.”
The repeal of Section 269 was proposed by a
concurrent resolution passed at the 1938 Extraordinary Session of the
Legislature, and upon ratification of the proposal by the electorate on
November 7, 1939, the repeal became effective by virtue of Laws 1940, ch
325.
SECTION 270.
Repealed.
NOTE: Former
Section 270, as amended in 1987, read as follows:
“SECTION 270. Any person may, by will, bequeath or devise
all or any portion of his estate to any charitable, religious,
educational or civil institutions, subject to any statutory rights of
surviving spouses and minor children and such other exceptions as may be
prescribed by general law; provided that, in all cases, the will
containing such bequest or devise must be executed at least one hundred
and eighty (180) days before the death of the testator, or such bequest
or devise shall be void.
Provided, however, that any land devised, not in violation
of this section, to any charitable, religious, educational, or civil
institution may be legally owned, and further may be held by the devisee
for a period of not longer than ten (10) years after such devise becomes
effective as a fee simple or possessory interest, during which time such
land and improvements thereon shall be taxed as any other land held by
any other person, unless exempted by some specific statute.”
The 1987 amendment was proposed by Laws 1987, ch. 670,
House Concurrent Resolution No. 7, and upon ratification by the
electorate on November 3, 1987, was inserted by proclamation of the
Secretary of State on December 4, 1987.
The repeal of Section 270 was proposed by Laws 1992, ch.
614, House Concurrent Resolution No. 86, and upon ratification by the
electorate on November 3, 1992, was deleted by proclamation of the
Secretary of State on December 8, 1992.
SECTION 271.
The Legislature may provide by a two-thirds (2/3) vote of the elected
members of the House of Representatives and of the Senate for the
consolidation of existing counties of the State, provided, however, that
such counties combined must be adjoining.
SOURCES: Laws 1966, ch. 691, effective November 23, 1966.
NOTE: The 1966 amendment to Section 271, which vests the
Legislature with exclusive authority to consolidate existing counties,
was proposed by House Concurrent Resolution No. 36, adopted at the 1966
regular session of the Legislature, and upon ratification by the
electorate on November 8, 1966, was inserted by proclamation of the
Secretary of State on November 23, 1966.
SECTION 272.
Repealed.
NOTE: Former
Section 272 provided for pensions to confederate soldiers and sailors
who enlisted and honorably served in the civil war and for the widows
therof.
The repeal of Section 272 was proposed by Laws 1990, ch.
691, Senate Concurrent Resolution No. 519, and upon ratification by the
electorate on November 6, 1990, was deleted by proclamation of the
Secretary of State on December 19, 1990.
SECTION 272-A.
(1) All of the assets, proceeds or income of the Public Employees'
Retirement System of Mississippi and the Mississippi Highway Safety
Patrol Retirement System or any successor systems, and all contributions
and payments made to the systems to provide for retirement and related
benefits shall be held, invested as authorized by law, or disbursed as
in trust for the exclusive purpose of providing for such benefits,
refunds and administrative expenses under the management of the board of
trustees of the systems, and shall not be encumbered for or diverted to
any other purposes.
(2) Legislation shall not be enacted increasing benefits under the
Public Employees' Retirement System of Mississippi and the Mississippi
Highway Safety Patrol Retirement System in any manner unless funds are
available therefor, or unless concurrent provisions are made for
funding any such increase in accordance with a prior certification of
the cost by the board of trustees of the systems based on accepted
actuarial standards.
SOURCES: Laws 1985, ch. 618, effective November 20, 1986.
NOTE: The insertion of Section 272-A was proposed by Laws 1985,
ch. 618, Senate Concurrent Resolution No. 518, and upon ratification by
the electorate on November 4, 1986, was inserted by proclamation of the
Secretary of State on November 20, 1986.
ARTICLE 15
AMENDMENTS
TO THE CONSTITUTION
Beginning Section
IN GENERAL 273
ADDITIONAL SECTIONS OF THE CONSTITUTION OF MISSISSIPPI NOT BEING
AMENDMENTS OF PREVIOUS SECTIONS 286
IN GENERAL
SECTION 273. Amendment process.
SECTION 274. Laws to remain in force.
SECTION 275. Repeal of laws repugnant to Constitution.
SECTION 276. Laws repugnant to franchise and election
provisions.
SECTION 277. Laws repugnant to apportionment provisions.
SECTION 278. Appointment of persons to draft laws.
SECTION 279. Continuation of writs, actions and causes of
actions.
SECTION 280. Jurisdiction of courts in preexisting actions.
SECTION 281. Accrual of fines, penalties and forfeitures.
SECTION 282. Preexisting bonds remain binding.
SECTION 283. Crimes and misdemeanors.
SECTION 284. Continuation in office.
SECTION 285. Abrogated or repealed laws not revived.
SECTION 273.
(1) Amendments to this Constitution may be proposed by the Legislature
or by initiative of the people.
(2) Whenever two-thirds (2/3) of each house of the Legislature,
which two-thirds (2/3) shall consist of not less than a majority of the
members elected to each house, shall deem any change, alteration or
amendment necessary to this Constitution, such proposed amendment,
change or alteration shall be read and passed by two-thirds (2/3) vote
of each house, as herein provided; public notice shall then be given by
the Secretary of State at least thirty (30) days preceding an election,
at which the qualified electors shall vote directly for or against such
change, alteration or amendment, and if more than one (1) amendment
shall be submitted at one (1) time, they shall be submitted in such
manner and form that the people may vote for or against each amendment
separately; and, notwithstanding the division of the Constitution into
sections, the Legislature may provide in its resolution for one or more
amendments pertaining and relating to the same subject or subject
matter, and may provide for one or more amendments to an article of the
Constitution pertaining and relating to the same subject or subject
matter, which may be included in and voted on as one (1) amendment; and
if it shall appear that a majority of the qualified electors voting
directly for or against the same shall have voted for the proposed
change, alteration or amendment, then it shall be inserted as a part of
the Constitution by proclamation of the Secretary of State certifying
that it received the majority vote required by the Constitution; and the
resolution may fix the date and direct the calling of elections for the
purposes hereof.
(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.
(4) The sponsor of an initiative shall identify in the text of the
initiative the amount and source of revenue required to implement the
initiative. If the initiative requires a reduction in any source of
government revenue, or a reallocation of funding from currently funded
programs, the sponsor shall identify in the text of the initiative the
program or programs whose funding must be reduced or eliminated to
implement the initiative. Compliance with this requirement shall not be
a violation of the subject matter requirements of this section of the
Constitution.
(5) The initiative process shall not be used:
(a) For the proposal, modification or repeal
of any portion of the Bill of Rights of this Constitution;
(b) To amend or repeal any law or any
provision of the Constitution relating to the Mississippi Public
Employees' Retirement System;
(c) To amend or repeal the constitutional
guarantee that the right of any person to work shall not be denied or
abridged on account of membership or nonmembership in any labor union or
organization; or
(d) To modify the initiative process for
proposing amendments to this Constitution.
(6) The Secretary of State shall file with the Clerk of the House
and the Secretary of the Senate the complete text of the certified
initiative on the first day of the regular session. A constitutional
initiative may be adopted by a majority vote of each house of the
Legislature. If the initiative is adopted, amended or rejected by the
Legislature; or if no action is taken within four (4) months of the date
that the initiative is filed with the Legislature, the Secretary of
State shall place the initiative on the ballot for the next statewide
general election.
The chief legislative budget officer shall prepare a fiscal
analysis of each initiative and each legislative alternative. A summary
of each fiscal analysis shall appear on the ballot.
(7) If the Legislature amends an initiative, the amended version
and the original initiative shall be submitted to the electors. An
initiative or legislative alternative must receive a majority of the
votes thereon and not less than forty percent (40%) of the total votes
cast at the election at which the measure was submitted to be approved.
If conflicting initiatives or legislative alternatives are approved at
the same election, the initiative or legislative alternative receiving
the highest number of affirmative votes shall prevail.
(8) If an initiative measure proposed to the Legislature has been
rejected by the Legislature and an alternative measure is passed by the
Legislature in lieu thereof, the ballot titles of both such measures
shall be so printed on the official ballots that a voter can express
separately two (2) preferences: First, by voting for the approval of
either measure or against both measures, and, secondly, by voting for
one measure or the other measure. If the majority of those voting on
the first issue is against both measures, then both measures fail, but
in that case the votes on the second issue nevertheless shall be
carefully counted and made public. If a majority voting on the first
issue is for the approval of either measure, then the measure receiving
a majority of the votes on the second issue and also receiving not less
than forty percent (40%) of the total votes cast at the election at
which the measure was submitted for approval shall be law. Any person
who votes for the ratification of either measure on the first issue must
vote for one (l) of the measures on the second issue in order for the
ballot to be valid. Any person who votes against both measures on the
first issue may vote but shall not be required to vote for any of the
measures on the second issue in order for the ballot.to be valid.
Substantially the following form shall be a compliance with this
subsection:
INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE
Initiative Measure No.____, entitled (here insert the ballot title
of the
initiative measure).
Alternative Measure No.____A, entitled (here insert the ballot
title of the alternative measure).
VOTE FOR
APPROVAL OF EITHER, OR AGAINST BOTH:
FOR APPROVAL OF EITHER Initiative No.____
OR Alternative No.____A ( )
AGAINST Both Initiative No.____
AND Alternative No. ____A ( )
AND VOTE
FOR ONE
FOR Initiative Measure No. ____ ( )
FOR Alternative Measure No. ____A ( )
(9) No more than five (5) initiative proposals shall be submitted
to the voters on a single ballot, and the first five (5) initiative
proposals submitted to the Secretary of State with sufficient petitions
shall be the proposals which are submitted to the voters. The
sufficiency of petitions shall be decided in the first instance by the
Secretary of State, subject to review by the Supreme Court of the state,
which shall have original and exclusive jurisdiction over all such
cases.
(10) An initiative approved by the electors shall take effect
thirty (30) days from the date of the official declaration of the vote
by the Secretary of State, unless the measure provides otherwise.
(11) If any amendment to the Constitution proposed by initiative
petition is rejected by a majority of the qualified electors voting
thereon, no initiative petition proposing the same, or substantially the
same, amendment shall be submitted to the electors for at least two (2)
years after the date of the election on such amendment.
(12) The Legislature shall provide by law the manner in which
initiative petitions shall be circulated, presented and certified.
(13) The Legislature may enact laws to carry out the provisions of
this section but shall in no way restrict or impair the provisions of
this section or the powers herein reserved to the people.
SOURCES: 1817 art “Mode of Revising,” etc. §1; 1832 art “Mode of
Revising,” etc. §1; 1869 art 13; Laws 1912, ch. 416; Laws 1959, ch. 78,
Extraordinary Session; Laws 1989, ch. 702; Laws 1992, ch. 715, effective
December 8, 1992.
NOTE: The 1958 amendment to Section 273 was proposed by Laws 1958,
ch. 629 for submission to the electors of the state in an election held
on August 26, 1958, and upon ratification by the electorate at said
election, was inserted by Laws 1959, ch. 78, Extraordinary Session.
The 1989 amendment to Section 273 was proposed by
Laws 1989, ch. 702, Senate Concurrent Resolution No. 513. The
electorate, however, rejected the proposed amendment on June 20, 1989.
The 1992 amendment of Section 273 was proposed by
Laws 1992, ch. 715, Senate Concurrent Resolution No. 516, and upon
ratification by the electorate on November 3, 1992, was inserted by
proclamation of the Secretary of State on December 8, 1992.
Laws 1998, ch. 619, House Concurrent Resolution No.
61, provides in pertinent part:
“BE IT RESOLVED BY THE LEGISLATIVE OF THE STATE OF MISSISSIPPI,
That the following amendment to the
Mississippi Constitution of 1890 is proposed to the qualified electors
of the state:
Amend Section 273, Mississippi Constitution of
1890, to read as follows:”
“SECTION 273.
(1)
Amendments
to this Constitution may be proposed by the Legislature or by initiative
of the people.
(2) Whenever two-thirds (2/3) of each house of the Legislature, which
two-thirds (2/3) shall consist of not less than a majority of the
members elected to each house, shall deem any change, alteration or
amendment necessary to this Constitution, such proposed amendment,
change or alteration shall be read and passed by two-thirds (2/3) vote
of each house, as herein provided; public notice shall then be given by
the Secretary of State at least thirty (30) days preceding an election,
at which the qualified electors shall vote directly for or against such
change, alteration or amendment, and if more than one (1) amendment
shall be submitted at one (1) time, they shall be submitted in such
manner and form that the people may vote for or against each amendment
separately; and, notwithstanding the division of the Constitution into
sections, the Legislature may provide in its resolution for one or more
amendments pertaining and relating to the same subject or subject
matter, and may provide for one or more amendments to an article of the
Constitution pertaining and relating to the same subject or subject
matter, which may be included in and voted on as one (1) amendment; and
if it shall appear that a majority of the qualified electors voting
directly for or against the same shall have voted for the proposed
change, alteration or amendment, then it shall be inserted as a part of
the Constitution by proclamation of the Secretary of State certifying
that it received the majority vote required by the Constitution; and the
resolution may fix the date and direct the calling of elections for the
purposes hereof.
(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.
(4) The sponsor of an initiative shall identify in the text of the
initiative the amount and source of revenue required to implement the
initiative. If the initiative requires a reduction in any source of
government revenue, or a reallocation of funding from currently funded
programs, the sponsor shall identify in the text of the initiative the
program or programs whose funding must be reduced or eliminated to
implement the initiative. Compliance with this requirement shall not be
a violation of the subject matter requirements of this section of the
Constitution.
(5) The initiative process shall not be used:
(a) For the proposal, modification or repeal
of any portion of the Bill of Rights of this Constitution;
(b) To amend or repeal any law or any
provision of the Constitution relating to the Mississippi Public
Employees' Retirement System;
(c) To amend or repeal the constitutional
guarantee that the right of any person to work shall not be denied or
abridged on account of membership or nonmembership in any labor union or
organization; or
(d) To modify the initiative process for
proposing amendments to this Constitution.
(6) The Secretary of State shall file with the Clerk of the House
and the Secretary of the Senate the complete text of the certified
initiative on the first day of the regular session. A constitutional
initiative may be adopted by a majority vote of each house of the
Legislature. If the initiative is adopted, amended or rejected by the
Legislature; or if no action is taken within four (4) months of the date
that the initiative is filed with the Legislature, the Secretary of
State shall place the initiative on the ballot for the next statewide
general election.
The chief legislative budget officer shall
prepare a fiscal analysis of each initiative and each legislative
alternative. A summary of each fiscal analysis shall appear on the
ballot.
(7) If the Legislature amends an initiative,
the amended version and the original initiative shall be submitted to
the electors. An initiative or legislative alternative must receive a
majority of the votes thereon and not less than forty percent (40%) of
the total votes cast at the election at which the measure was submitted
to be approved. If conflicting initiatives or legislative alternatives
are approved at the same election, the initiative or legislative
alternative receiving the highest number of affirmative votes shall
prevail.
(8) If an initiative measure proposed to the Legislature has been
rejected by the Legislature and an alternative measure is passed by the
Legislature in lieu thereof, the ballot titles of both such measures
shall be so printed on the official ballots that a voter can express
separately two (2) preferences: First, by voting for the approval of
either measure or against both measures, and, secondly, by voting for
one measure or the other measure. If the majority of those voting on
the first issue is against both measures, then both measures fail, but
in that case the votes on the second issue nevertheless shall be
carefully counted and made public. If a majority voting on the first
issue is for the approval of either measure, then the measure receiving
a majority of the votes on the second issue and also receiving not less
than forty percent (40%) of the total votes cast at the election at
which the measure was submitted for approval shall be law. Any person
who votes for the ratification of either measure on the first issue must
vote for one (l) of the measures on the second issue in order for the
ballot to be valid. Any person who votes against both measures on the
first issue may vote but shall not be required to vote for any of the
measures on the second issue in order for the ballot.to be valid.
Substantially the following form shall be a compliance with this
subsection:
INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE
Initiative Measure No.____, entitled (here insert the ballot title
of the initiative measure).
Alternative Measure No.____A, entitled (here insert the ballot
title of the alternative measure).
VOTE FOR
APPROVAL OF EITHER, OR AGAINST BOTH:
FOR APPROVAL OF EITHER Initiative No.____
OR Alternative No.____A ( )
AGAINST Both Initiative No.____
AND Alternative No. ____A ( )
AND VOTE
FOR ONE
FOR Initiative Measure No. ____ ( )
FOR Alternative Measure No. ____A ( )
(9) No more than five (5) initiative proposals shall be submitted
to the voters on a single ballot, and the first five (5) initiative
proposals submitted to the Secretary of State with sufficient petitions
shall be the proposals which are submitted to the voters. The
sufficiency of petitions shall be decided in the first instance by the
Secretary of State, subject to review by the Supreme Court of the state,
which shall have original and exclusive jurisdiction over all such
cases.
(10) An initiative approved by the electors shall take effect
thirty (30) days from the date of the official declaration of the vote
by the Secretary of State, unless the measure provides otherwise.
(11) If any amendment to the Constitution proposed by initiative
petition is rejected by a majority of the qualified electors voting
thereon, no initiative petition proposing the same, or substantially the
same, amendment shall be submitted to the electors for at least two (2)
years after the date of the election on such amendment.
(12) The Legislature shall provide by law the manner in which
initiative petitions shall be circulated, presented and certified. To
prevent signature fraud and to maintain the integrity of the initiative
process the state has a compelling interest in insuring that no person
shall circulate an initiative petition or obtain signatures on an
initiative petition unless the person is a resident of this state at the
time of circulation. For the purposes of this subsection the term
“resident” means a person who is domiciled in Mississippi as evidenced
by an intent to maintain a principal dwelling place in Mississippi
indefinitely and to return to Mississippi if temporarily absent, coupled
with an act or acts consistent with that intent. Every person who
circulates an initiative petition shall print and sign his name on each
page of an initiative petition, or on a separate page attached to each,
certifying that he was a resident of this state at the time of
circulating the petition. The Secretary of State shall refuse to accept
for filing any page of an initiative petition upon which the signatures
appearing thereon were obtained by a person who was not a resident of
this state at the time of circulatin the petition, and an initiative
measure shall not be placed on the ballot if the Secretary of State
determines that without such signatures the petition clearly bears an
insufficient number of signatures. The provisions of this subsection
(12) shall be applicable to all initiative measures that have not been
placed on the ballot at the time this proposed amendment is ratified by
the electorate.
(13) The Legislature may enact laws to carry out the provisions of
this section but shall in no way restrict or impair the provisions of
this section or the powers herein reserved to the people.
“BE IT FURTHER RESOLVED, That this proposed amendment shall be
submitted by the Secretary of State to the qualified electors at an
election to be held on the first Tuesday after the first Monday of
November 1998, as provided by Section 273 of the Constitution and by
general law.”
“BE IT FURTHER RESOLVED, That the explanation of this proposed
amendment for the ballot shall read as follows: “This proposed
constitutional amendment provides that only a person who is a resident
of this state may circulate an initiative petition or obtain signatures
on an initiative petition for the purpose of proposing an amendment to
the Mississippi Constitution.”
“BE IT FURTHER RESOLVED, That the Attorney General of the State of
Mississippi shall submit this resolution, immediately upon adoption by
the Legislature, to the Attorney General of the United States or to the
United States District Court for the District of Columbia, in accordance
with the provisions of the Voting Rights Act of 1965, as amended and
extended.”
SOURCES: Laws 1998, ch. 619, House Concurrent Resolution No. 61,
effective November 30, 1998.
Schedule
That no inconvenience may arise from the changes in the
Constitution of this state, in order to carry the new Constitution into
complete operation, it is hereby declared that ----
SECTION 274.
The laws of this state now in force, not repugnant to this Constitution,
shall remain in force until amended or repealed by the legislature, or
until they expire by limitation. All statute laws of this state
repugnant to the provisions of this Constitution, except as provided in
the next three sections, shall continue and remain in force until the
first day of April, A.D. 1892, unless sooner repealed by the
legislature.
SECTION 275.
All laws of this state which are repugnant to the following portions of
this Constitution shall be repealed by the adoption of this
Constitution, to-wit: Laws repugnant to--
(a) All the ordinances of this convention;
(b) The provisions of Section 183, prohibiting counties, cities,
and towns from voting subscriptions to railroad and other corporations
or associations;
(c) The provisions of Sections 223 to 226, inclusive, of Article
10, prohibiting the leasing of penitentiary convicts.
SECTION 276.
All laws of the state which are repugnant to the provisions of Sections
240 to 253, inclusive, of Article 12, on the subject of franchise and
elections, shall be and remain in force until the first day of January,
A. D. 1891, and no longer.
SECTION 277.
All laws of this state which are repugnant to the provisions of Article
13, Sections 254 to 256, inclusive, on the subject of apportionment of
representatives and senators in the legislature shall be and remain in
force until the first day of October, A.D. 1891, but no longer.
SECTION 278.
The governor shall, as soon as practicable, appoint three suitable
persons, learned in the law, as commissioners, whose duty it shall be to
prepare and draft such general laws as are contemplated in this
Constitution, and such other laws as shall be necessary and proper to
put into operation the provisions thereof and as may be appropriate to
conform the general statutes of the state to the Constitution. Said
commissioners shall present the same, when prepared, to the legislature
at its next regular session; and the legislature shall provide
reasonable compensation therefor.
SECTION 279.
All writs, actions, causes of action, proceedings, prosecutions, and
rights of individuals and bodies corporate, and of the state, and
charters of incorporation shall continue; and all indictments which
shall have been found, or which shall hereafter be found, and all
prosecutions begun, or that may be begun, for any crime or offense
committed before the adoption of this Constitution may be proceeded with
and upon as if no change had taken place.
SECTION 280.
For the trial and determination of all suits, civil and criminal, begun
before the adoption of this Constitution, the several courts of this
state shall continue to exercise in said suits the powers and
jurisdictions heretofore exercised by them; for all other matters said
courts are continued as organized courts under this Constitution, with
such powers and jurisdiction as is herein conferred on them
respectively.
SECTION 281.
All fines, penalties, forfeitures, and escheats, accruing to the state
of Mississippi under the Constitution and laws heretofore in force shall
accrue to the use of the state of Mississippi under this Constitution,
except as herein otherwise provided.
SECTION 282.
All recognizances, bonds, obligations, and all other instruments entered
into or executed before the adoption of this Constitution, to the state
of Mississippi, or to any state, county, public or municipal officer or
body, shall remain binding and valid, and the rights and liabilities
upon the same shall be continued, and may be prosecuted as provided by
law.
SECTION 283.
All crimes and misdemeanors and penal actions shall be tried,
prosecuted, and punished as though no change had taken place, until
otherwise provided by law.
SECTION
284.
All officers-state, district, county, and municipal-now in office in
this state, shall be entitled to hold the respective offices now held by
them, except as otherwise herein provided, and until the expiration of
the time for which they were respectively elected or appointed, and
shall receive the compensation and fees now fixed by the statute laws in
force when this Constitution is adopted.
SECTION 285.
The adoption of this Constitution shall not have the effect, nor shall
it be construed, to revive or put in force any law heretofore abrogated
or repealed.
This Constitution, adopted by the people of
Mississippi in convention assembled, shall be in force and effect from
and after this, the first day of November, A.D. 1890.
S. S. CALHOON,
President and Delegate from Hinds County.
R. F. ABBAY, Delegate from Tunica county.
J. L. ALCORN, Delegate from Coahoma county.
R. H. ALLEN, Delegate from Tishomingo county.
D. B. ARNOLD, Delegate from Panola county.
ARTHUR ABBINGTON, Delegate from Jones county.
JNO. A. BAILEY, Delegate from Lauderdale county.
JNO. R. BAIRD, Delegate from Sunflower county.
W. L. BASSETT, Delegate from Neshoba county.
D. R. BARNETT, Delegate from Yazoo county.
T. P. BELL, Delegate from Kemper county.
J. R. BINFORD, Delegate from Montgomery county.
H. I. BIRD, Delegate from Lawrence county.
JOHN A. BLAIR, Delegate from state at large.
B. B. BOONE, Delegate from Prentiss county.
J. B. BOOTHE, Delegate from state at large.
W. A. BOYD, Delegate from Tippah county.
D. BUNCH, Delegate from Yazoo county.
R. B. CAMPBELL, Delegate from Washington county.
J. P. CARTER, Delegate from Perry county.
J. B. CHRISMAN, Delegate from Lincoln county.
C. S. COFFEY, Delegate from Jefferson county.
J. W. CUTRER, Delegate from Coahoma county.
MARYE DABNEY, Delegate from Warren county.
R. A. DEAN, Delegate from Lafayette county.
WALTER M. DENNY, Delegate from Jackson county.
GEO. G. DILLARD, Delegate from Noxubee county.
GEO. L. DONALD, Delegate from Clarke county.
G. W. DYER, Delegate from Panola county.
J. W. EDWARDS, Delegate from Oktibbeha county.
A. J. ERVIN, Delegate from Lowndes county.
W. S. ESKRIDGE, Delegate from Tallahatchie county.
W. S. FARISH, Delegate from Issaquena county.
D. S. FEARING, Delegate from Hinds county.
W. S. FEATHERSTON, Delegate from Marshall county.
J. E. FERGUSON, Delegate from Newton county.
JNO. W. FEWELL, Delegate from state at large.
GEO. J. FINLEY, Delegate from Marshall county.
J. D. FONTAINE, Delegate from Pontotoc county.
T. S. FORD, Delegate from state at large.
J. Z. GEORGE, Delegate from state at large.
F. M. GLASS, Delegate from Attala county.
A. B. GUYNES, Delegate from Copiah county.
D. T. GUYTON, Delegate from Attala county.
F. M. HAMBLET, Delegate from Quitman county.
J. G. HAMILTON, Delegate from Yazoo and Holmes counties.
T. L. HANNAH, Delegate from Choctaw county.
W. P. HARRIS, Delegate from Hinds county.
T. T. HART, Delegate from Hinds county.
N. C. HATHORN, Delegate from Covington county.
JOHN HENDERSON, Delegate from Clay county.
ELLIOT HENDERSON, Delegate from Harrison county.
PATRICK HENRY, Delegate from state at large.
C. K. HOLLAND, Delegate from Calhoun county.
H. S. HOOKER, Delegate from Holmes county.
R. G. HUDSON, Delegate from state at large.
THOS. D. ISOM, Delegate from Lafayette county.
J. H. JAMISON, Delegate from Noxubee county.
D. S. JOHNSON, Delegate from Chickasaw county.
JAMES HENRY JONES, Delegate from state at large.
WALTER L. KEIRN, Delegate from Holmes county.
JAMES KENNEDY, Delegate from Clay county.
J. KITTRELL, Delegate from Greene county.
W. J. LACEY, Delegate from Chickasaw county.
ROBERT CHARLES LEE, Delegate from Madison county.
S. D. LEE, Delegate from Oktibbeha county.
T. P. LEE, Delegate from Yazoo county.
GEO. H. LESTER, Delegate from Yalobusha county.
W. F. LOVE, Delegate from Amite county.
L. W. MAGRUDER, Delegate from state at large.
E. J. MARETT, Delegate from Marshall county.
C. B. MARTIN, Delegate from Alcorn and Prentiss counties.
EDWARD MAYES, Delegate from state at large.
MONROE McCLURG, Delegate from Carroll county.
WILL T. McDONALD, Delegate from Benton county.
T. J. McDONELL, Delegate from Monroe county.
J. H. McGEHEE, Delegate from Franklin county.
G. T. McGEHEE, Delegate from Wilkinson county.
F. A. McLAIN, Delegate from Amite and Pike counties.
WM. C. McLEAN, Delegate from Grenada county.
A. G. McLAURIN, Delegate from Smith county.
A. J. McLAURIN, Delegate from Rankin county.
H. J. McLAURIN, Delegate from Sharkey county.
J. S. McNEILLY, Delegate from state at large.
GEO. P. MELCHOIR, Delegate from Bolivar county.
T. L. MENDENHALL, Delegate from Simpson county.
IRVIN MILLER, Delegate from Leake county.
ISAIAH T. MONTGOMERY, Delegate from Bolivar county.
W. H. MORGAN, Delegate from Leflore county.
J. L. MORRIS, Delegate from Wayne county.
H. L. MULDROW, Delegate from state at large.
J. R. MURFF, Delegate from Monroe county.
T. V. NOLAND, Delegate from Wilkinson county.
J. W. ODOM, Delegate from DeSoto county.
S. E. PACKWOOD, Delegate from Pike county.
J. K. P. PALMER, Delegate from Scott county.
ROBT. C. PATTY, Delegate from Noxubee county.
A. J. PAXTON, Delegate from Washington county.
C. O. POTTER, Delegate from Union county.
SAM POWELL, Delegate from DeSoto county.
J. R. PURYEAR, Delegate from Tate county.
JNO. H. REAGAN, Delegate from Leake and Newton counties.
CHAS. K. REGAN, Delegate from Claiborne county.
L. P. REYNOLDS, Delegate from Alcorn county.
L. J. RHODES, Delegate from Lee county.
W. C. RICHARDS, Delegate from Lowndes county.
S. W. ROBINSON, Delegate from Rankin county.
J. P. ROBINSON, Delegate from Union county.
J. J. ROTTENBERRY, Delegate from Yalobusha county.
J. S. SEXTON, Delegate from state at large.
JNO. M. SIMONTON, Delegate from Lee county.
H. F. SIMRALL, Delegate from Warren county.
JNO. F. SMITH, Delegate from Jasper county.
MURRAY F. SMITH, Delegate from Warren county.
W. F. SPENCE, Delegate from Hancock county.
H. M. STREET, Delegate from Lauderdale county.
T. W. SULLIVAN, Delegate from Carroll county.
E. O. SYKES, Delegate from Monroe county.
ALLEN TALBOTT, Delegate from Benton and Tippah counties.
R. H. TAYLOR, Delegate from Panola county.
R. H. THOMPSON, Delegate from Lincoln and Jefferson counties.
STEVE H. TURNER, Delegate from Itawamba county.
T. S. WARD, Delegate from Madison county.
O. C. WATSON, Delegate from Winston county.
W. C. WILKINSON, Delegate from Copiah county.
FRANK K. WINCHESTER, Delegate from Adams county.
WM. D. WITHERSPOON, Delegate from Lauderdale, Kemper, and Clarke
counties.
W. P. WYATT, Delegate from Tate county.
WM. G. YERGER, Delegate from Washington county.
Attest: R. E. Wilson, Secretary.
Delegates Who Refused to Sign the Constitution - Gen. William T.
Martin, of Adams; Frank Burkett, of Chickasaw; and John E. Gore, of
Webster.
Delegate Absent and Not Signing - A. G. Webb of Marion.
Delegate Who Died During the Convention - N. D. Guerry, of Lowndes.
Total, 134.
ADDITIONAL SECTIONS OF
THE CONSTITUTION OF MISSISSIPPI NOT BEING AMENDMENTS OF PREVIOUS
SECTIONS
SECTION 286,
287. Renumbered.
These sections of the Constitution as heretofore published are
numbered herein 145A, and 149A, respectively.
NOTE – These sections of the Constitution as heretofore published
are numbered herein 145-A and 149-A, respectively.
Source: Mississippi Secretary of State’s web site. |