In 1992, Mississippi voters amended Section 273 of the State Constitution to allow for an initiative process for our citizens. Section 273 allowed for citizens to amend the Constitution without having to go through the State Legislature.  The Secretary of State’s Office is required to place the citizens sponsored the educational opportunity for public school children initiative (Initiative Measure No. 42) on the November 3rd General Election ballot. The Secretary of State’s Office also is required to place the alternative measure proposed by the Mississippi Legislature (Alternative Measure No. 42A) on the General Election ballot in accordance with State law. The State Constitution specifically dictates a vote can, “express separately two 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.” So what does this mean? On Nov. 3, voters will be asked two separate questions. First, voters are asked to vote for or against amending the Constitution. Second, voters are asked to choose between Initiative Measure No. 42 and Alternative Measure No. 42A. If the vote is for amending the Constitution, the voter must decide and vote between Initiative Measure No. 42 and Alternative Measure No. 42A.  The second vote is necessary to indicate how the Constitution may be amended. If the voter is against amending the Constitution, the voter may still chose between Initiative Measure No. 42 and Alternative Measure 42A. The second vote is not required, but is allowed and will be counted. How are votes counted? If the majority of votes cast are against amending the Constitution, both Initiative Measure No. 42 and Alternative Measure No. 42A FAIL and the Constitution will remain as it now exists. If the majority of votes cast are for amending the Constitution, then either Initiative Measure No. 42 or Alternative Measure No. 42A may amend the Constitution. In addition, to receiving a majority of the votes on the second question, state law requires at least forty percent of the total votes cast in the election be in favor of either Initiative Measure No. 42 or Alternative Measure No. 42A, or both measures fail.

If either Initiative Measure No. 42 or Alternative Measure No. 42A receives at least forty percent of the total votes cast in the election, the measure receiving the greater number of total votes passes. There is inaccurate and misleading information being distributed statewide on the voting of these measures.  All votes will be counted, in public, at every Circuit Clerk’s Office in the State of Mississippi.  As with all Mississippi elections, Circuit Clerk’s Offices statewide will certify their election results with the Secretary of State’s Office within ten days after Election Day. If an Initiative is passed, it will become part of the Constitution 30 days after the date the election is certified. In addition, and most importantly, Initiative Measure No. 42 and Alternative Measure No. 42A are on your ballot, word for word. Take the time to review your ballot prior to Election Day. I have faith Mississippi voters can read the information presented to them and make an informed decision.

By Delbert Hosemann.