2015 Constitutional Amendment Ballot Language [Click to view larger]
The biggest issue on the November ballot is the proposed state constitutional amendment for public school funding. With competing alternatives on the ballot, Initiative 42 and Initiative 42A, voters will make two choices: whether to amend the state constitution at all and, if approved, whether to amend with the language of Initiative 42 or Initiative 42A.
Every voter with vote on BOTH issues regardless of whether they vote “Yes” or “No” to amend the constitution. In the language of the ballot, voters will first choose “for approval of either initiative” or “against both initiative[s].” In the event “approval of either initiative” receives a majority of the vote, all voters must vote on the second issue “for Initiative Measure No. 42” or “for Alternative Measure No. 42 A.”
Geoff Pender filed the following report in The Clarion-Ledger to describe the ballot approval process and the constitutional amendment choices:
Gov. Phil Bryant on Wednesday approved the ballot for the Nov. 3 general election, including two dueling constitutional amendments on school funding.
Voters will have to pay attention to their ballots in November – it gets a little tricky around the education funding initiatives.
“It is a complicated ballot, because we have two votes (on the initiatives),” Secretary of State Delbert Hosemann said. “I trust voters will read both of those explanations on the ballot and make an informed decision.”
In response to a lawsuit that the legislature’s alternative to the Initiative 42 ballot measure was confusing, Hinds county Circuit Court Judge Winston Kidd selected the new title for Initiative 42-A from a list provided by the opponents of 42-A: “Should the Legislature establish and support effective public schools, but not provide a mechanism to enforce that right?”
The new title for 42-A effectively changes the intent of the alternative by stipulating public education as a right (not unlike 42). As summarized by House Democratic Leader Rep. Bobby Moak in support of renaming the alternative, “It was only about the title, because the title is [what] will appear on the ballot when voters go to vote in November.”
The original Initiative 42-A Ballot Title simply asked, “Shall the Legislature be required to provide for the establishment and support of an effective system of free public schools?” The ballot summary for Initiative 42-A remains unchanged: “This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 42 and would require the Legislature to provide, by general law, for the establishment, maintenance and support of an effective system of free public schools.”
The Initiative 42 Ballot Title asks, “Should the State be required to provide for the support of an adequate and efficient system of free public schools?” But hidden in the ballot summary which will not be on the ballot, Initiative 42 establishes public education as a fundamental right and grants authority to the chancery courts to determine and enforce adequate funding.
Currently, the state legislature determines how much to fund public schools along with other budget priorities.
With proponents obtaining enough signatures to place Initiative 42 on the 2015 Ballot, the State Legislature acted to create an alternative, HCR 9 or Initiative 42A, which the House and the Senate passed this week.
If approved by voters in November, Initiative 42 would change the Mississippi Constitution to read as follows (underlined and struck-through text indicates added or deleted language):
SECTION 201. To protect each child’s fundamental right to educational opportunity,
The Legislature the State shall, by general law, provide for the establishment, maintenance and support of an adequate and efficient system of free public schools upon such conditions and limitations as the Legislature may provide. The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.
Proponents say that this constitutional amendment will require fully funding K-12 education in Mississippi per the MAEP formula that was adopted in 1997 to determine funding. Opponents say that Initiative 42 strips the Legislature of control over education and places that control in the hands of the Chancery Court of Hinds County.
Initiative 42A would change the constitution as follows:
SECTION 201. The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools.
Proponents of this alternative argue that this will keep control of education in the State Legislature and focus on results (i.e. the insertion of “an effective system”). Opponents say Initiative 42A only confuses voters and does not allow for a simple “up or down vote” on Initiative 42 by the people of Mississippi.
To pass, a proposal must win a majority and at least 40% of the total votes cast. With competing proposals, passage of either is more difficult. If voters are uneducated before going to the polls, the ballot could also be very confusing.
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