Mississippi Advisory Opinions September 20, 2001: AGO 000014689 (September 20, 2001)

AGO 000014689.

Dear Ms. Scott:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and response. This request relates to Proposed Initiative Measure No. 21 and the "deadline" for submission of petitions for the Initiative to the Secretary of State. Your question reads as follows:

Our request of you specifically is to determine whether the petitions must be received by the Secretary of State: (1) twelve months from the October 2, 2000, date on which Mr. Stewart received the original Ballot Title and Ballot Summary, or (2) twelve months from the November 2, 2000, date on which Mr. Stewart received from the Secretary of State the October 23, 2000, order of Judge Swan Yerger amending the Ballot Title and Summary for Proposed Initiative Measure No. 21 and "finally establishing" same, or (3) twelve months from the June 19, 2001, order of dismissal of the appeal of Judge Swan Yerger's October 23, 2000, order.

* * * * *

Article 15, Section 273(3) of the Mississippi Constitution of 1890 provides, in part, as follows:

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.

Thus, proponents of an initiative measure have a twelve month period in which to collect petitions in support of that measure.

Section 23-17-15 of the Mississippi Code provides that once the "ballot title and summary are finally established, the Secretary of State shall file the instrument establishing it with the proposed measure and transmit a copy thereof by certified mail return receipt requested, to the person proposing the measure. . . ." [emphasis added].

In our opinion to Senator Hall, MS AG Op., Hall (July 26, 1996), we opined that the twelve month period referred to in Article 15, Section 273 of the Mississippi Constitution begins to run on the date upon which the return receipt required by Section 23-17-15 was dated. This can be on one of two dates. Section 23-17-11 requires the Secretary of State to publish the title and summary for an initiative measure within ten days after its filing. Any person dissatisfied with the title and summary may appeal to the circuit court for the First Judicial District of Hinds County within five days after its publication. It is our opinion that for the purposes of Section 23-17-15, a ballot title and summary is "finally established" five days after its publication if no appeal of same is filed. If an appeal is exercised pursuant to Section 23-17-13, the ballot title and summary is "finally established" upon the order of the Court. In either case, the twelve month period begins to run from the date upon which the return receipt was dated.

In the instant situation, individuals dissatisfied with the ballot title and summary exercised their right to appeal pursuant to Section 23-17-13. It is our opinion that the twelve months for the collection of petitions began to run on November 2, 2000, the date on which Mr. Stewart received from the Secretary of State the October 23, 2000, order of Judge Swan Yerger amending the Ballot Title and Summary for Proposed Initiative Measure No. 21 and "finally establishing" same.

If our office may be of further assistance, please advise.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Heather P. Wagner

Assistant Attorney General