Is a more restrictive initiative process better than no initiative at all?

Any bill that a committee didn’t consider from the opposite chamber by Tuesday evening died, which will start prompting lobbyists to find creative ways to convince lawmakers to Frankenstein their pet projects into related bills.

Deadline days are usually long and filled with a few surprises, but the House Constitution Committee meeting in Room 114 Tuesday night unexpectedly generated the most shock.

Most Capitol insiders expected Constitution Committee Chairman Fred Shanks, R-Brandon, to call a meeting on Tuesday afternoon to take up a resolution to restore the state’s ballot initiative process.

But what most reporters and advocates didn’t expect was that Shanks would amend the Senate proposal to include language that prohibits a petitioner from trying to place any abortion-related initiative on a statewide ballot.

Shanks said the abortion language came from suggestions from House members, but he wouldn't tell reporters who specifically asked for the abortion exception in the new proposal.

Not to unfairly point fingers, but the only other person House committee leaders typically answer to is the speaker, the person who has the power to appoint and remove committee leaders.

House Speaker Philip Gunn, R-Clinton, has said ushering the 2018 bill through the House chamber that led to the U.S. Supreme Court's overturning Roe vs. Wade is his proudest accomplishment.

Given the speaker’s past, it shouldn't come as a shock that Gunn, who is not running for re-election, would want to protect his legacy on that issue years after he’s left the Capitol.

Mississippi is a deeply religious and conservative state, but data suggests Mississippians’ views on reproductive health aren’t crystal clear.

The state overwhelmingly voted to reject a “Personhood” initiative in 2011 that attempted to define life as beginning at fertilization.

A July 2022 poll commissioned by the American Civil Liberties Union also showed that slightly more Mississippians opposed than supported the Supreme Court’s decision to overturn the landmark Roe decision.

Another limitation under the House proposal would prevent ballot measures forcing the Legislature to appropriate funds, something that could have indirect consequences across many potential initiatives.

Let’s take a Medicaid expansion initiative, for example. Say, in a hypothetical scenario, that organizers fulfill all of the signature requirements, place Medicaid expansion on a ballot, and voters overwhelmingly approve of extending coverage to the working poor.

That initiative, in theory, would be codified into state law. But lawmakers, under the latest proposal, wouldn’t necessarily be forced to pass any new spending bills to fund the expanded program.

One of the legislative branch’s most treasured tools is the power of the purse strings, granting it the sole state authority to fund whatever program it wishes.

In an ideal world, legislators would respect the voters’ wishes on an initiative and fund a program they approved at the ballot box. But the Mississippi Legislature is far, far, far from an ideal place.

The resolution contains a “reverse repealer,” so the final details will get hashed out in a conference committee, and other surprises could emerge later in the session.

But the latest initiative process language begs the question: Are voters willing to stomach a more restrictive initiative process just to get a new process?

The final decision ultimately rests with the voters. Because the initiative restoration proposal is a constitutional amendment, voters will have to approve the new process itself before it can be fully restored.

Quote of the Week

This week’s quote revolved around a House Education Committee discussion on Senate Bill 2751, which would prevent public bodies from passing regulations that restrict public schools from using 16th section lands for education purposes.

“Gentleman, why are we passing a law that prevents us, in perpetuity, from regulating something like this?” –Rep. Kevin Felsher, R-Biloxi

“I don’t know. Why do we ever do anything around here?” –Rep. Jansen Owen, R-Poplarville

Best of the Daily Journal

Gov. Tate Reeves on Tuesday signed a bill into law that bans gender-affirming care in the state for people younger than 18, placing Mississippi in line with several conservative states that are considering or have restricted health care for transgender youth.

A group of House members on Tuesday signed off on a policy that gives pregnant people a full year of Medicaid coverage after birth, edging the policy closer to winning approval from the entire Legislature.

Copiah County Judge Lamar Pickard will decide if Mandy Gunasekara should remain on the Republican primary ballot for the Northern District seat on the Public Service Commission.

Best from other Mississippi outlets

The leader of the Senate Education Committee recently announced that he wants to fully fund public schools this session through “minor” changes to the state’s funding formula. (Mississippi Today)

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The Senate Appropriations committee on Tuesday stripped a sweeping House college financial aid bill of changes that would expand eligibility to adult and part-time students. (Mississippi Today)