Miss. Code Ann. § 23-17-23

Grounds for refusing to file initiative petition

Applied in 3 court decisions — leading case 984 F. Supp. 470 - Term Limits Leadership Council, Inc. v. Clark (1997)

Most recently applied in Hughes v. Hosemann (September 2011)

Laws, 1993, ch. 514, § 12; Laws, 1996, ch. 444, § 3, eff from and after June 28, 1996 (the date the United States Attorney General interposed no objections under Section 5 of th…

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The Secretary of State shall refuse to file any initiative petition being submitted upon any of the following grounds:

That the petition is not in the form required by Section 23-17-19;

That the petition clearly bears insufficient signatures;

That one or more signatures appearing on the petition were obtained in violation of Section 23-17-17(2), Section 23-17-57(2) or Section 23-17-57(3);

That the time within which the petition may be filed has expired; or

That the petition is not accompanied by the filing fee provided for in Section 23-17-21.

In case of such refusal, the Secretary of State shall endorse on the petition the word “submitted” and the date, and retain the petition pending appeal.

If none of the grounds for refusal exists, the Secretary of State shall accept and file the petition.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.