Article XII, Mississippi Constitution

Mississippi Constitution
Preamble
Articles
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Article 12 of the Mississippi Constitution is entitled Franchise. It has 16 sections, three of which have been repealed.

Section 240

	Text of Section 240: Election to Be by Ballot All elections by the people shall be by ballot.

Section 241

Text of Section 241: Qualifications for Electors Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector, except that he shall be qualified to vote for President and Vice President of the United States if he meets the requirements established by Congress therefore and is otherwise a qualified elector.

Amendments

• The 1968 amendment to Section 241 was proposed by House Concurrent Resolution No. 5 of the 1968 regular session of the Legislature, and upon ratification of the electorate on June 4, 1968, was inserted by proclamation of the Secretary of State on June 13, 1968.

• The 1972 amendment to Section 241 was proposed by Laws 1972, ch. 626, Senate Concurrent Resolution No. 502, and upon ratification by the electorate on November 7, 1972, was inserted by proclamation of the Secretary of State on November 22, 1972.

Section 241-A

	Text of Section 241-A: Repealed. “In addition to all other qualifications required of a person to be entitled to register for the purpose of becoming a qualified elector, such person shall be of good moral character. The legislature shall have the power to enforce the provisions of this section by appropriate legislation.”

Amendments

• Former Section 241-A was proposed as an additional section by Laws 1960, ch. 550, and upon ratification by the electorate on November 8, 1960, was inserted by proclamation of the Secretary of State on November 23, 1960. The proposal for the repeal of this section was made by Laws 1965, ch. 40, Extraordinary Session, and upon the repeal being ratified by the electorate on the third Tuesday of August, 1965, the Secretary of State issued a proclamation setting out the fact that former Section 241-A stood repealed.

Section 242

	Text of Section 242: Voter Registration The legislature shall provide by law for the registration of all persons entitled to vote at any election and shall prescribe an oath or affirmation as to the truthfulness of the statements of every applicant concerning his or her qualifications to be registered to vote. Any wilful and corrupt false statement in said affidavit shall be perjury.

Amendments

• The 1965 amendment to Section 242 to provide that the legislature shall prescribe the form of oath to be taken by persons offering to register to vote was proposed by Laws 1965, ch. 40, Extraordinary Session, and upon ratification by the electorate on the third Tuesday in August, 1965, was inserted by proclamation of the Secretary of State on August 31, 1965.

Section 243

	Text of Section 243: Repealed.

Amendments

• Former Section 243 provided for a uniform poll tax to be used solely in aid of common schools.

• The repeal of Section 243 was proposed by Laws 1975, ch. 524, House Concurrent Resolution No. 46, and upon ratification of the electorate on November 4, 1975, was deleted by proclamation of the Secretary of State on December 8, 1975.

Section 244

	Text of Section 244: Repealed.

Amendments

• Former Section 244 provided that, in addition to any other qualifications, every elector must be able to read and write.

• An amendment to Section 244, which eliminated and amended certain qualifications for voting, was proposed by Laws 1965, ch. 40, Extraordinary Session, and upon ratification by the electorate on the third Tuesday August, 1965, was inserted by proclamation of the Secretary of State on August 31, 1965.

• The repeal of Section 244 was proposed by Laws 1975, ch. 523, House Concurrent Resolution No. 45, and upon ratification by the electorate on November 4, 1975, was deleted by proclamation of the Secretary of State on December 8, 1975.

Section 244-A

	Text of Section 244-A: Additional Qualifications for Voter Registration The legislature shall have the power to prescribe and enforce by appropriate legislation qualifications to be required of persons to vote and to register to vote in addition to those set forth in this Constitution.

Amendments

• The amendment adding Section 244-A, to confer upon the Legislature power to prescribe and enforce additional qualifications to be required of persons to register and vote in addition to those set forth in the Constitution, was proposed by Laws 1965, ch. 40, Extraordinary Session, and upon ratification by the electorate on the third Tuesday in August, 1965, was inserted by proclamation of the Secretary of State on August 31, 1965.

Section 245

	Text of Section 245: Elector Qualifications in Municipal Elections Electors in municipal elections shall possess all the qualifications herein prescribed, and such additional qualifications as may be provided by law.

Section 246

	Text of Section 246: Regulation of Elections Prior to the first day of January, A.D. 1896, the elections by the people in this state shall be regulated by an ordinance of this convention.

Section 247

	Text of Section 247: Securing Fairness in Party Primary Elections and Conventions The legislature shall enact laws to secure fairness in party primary elections, conventions, or other methods of naming party candidates.

Section 248

	Text of Section 248: Remedies for Illegal or Improper Registration Suitable remedies by appeal or otherwise shall be provided by law, to correct illegal or improper registration and to secure the elective franchise to those who may be illegally or improperly denied the same.

Section 249

Text of Section 249: Registration Required to Vote No one shall be allowed to vote for members of the legislature or other officers who has not been duly registered under the Constitution and laws of this state, by an officer of this state, legally authorized to register the voters thereof. And registration under the Constitution and laws of this state by the proper officers of this state is hereby declared to be an essential and necessary qualification to vote at any and all elections.

Section 250

	Text of Section 250: Qualified Electors Eligible for Office All qualified electors and no others shall be eligible to office, except as otherwise provided in this Constitution; provided, however, that as to an office where no other qualification than that of being a qualified elector is provided by this Constitution, the legislature may, by law, fix additional qualifications for such office.

Amendments

• The 1962 amendment to Section 250 was proposed by Laws 1962, ch. 640, and upon ratification by the electorate at an election held on the first Tuesday after the first Monday in November, 1962, was inserted by proclamation of the Secretary of State on November 16, 1962.

Section 251

Text of Section 251: Time of Registration Electors shall not be registered within four months next before any election at which they may offer to vote; but appeals may be heard and determined and revision take place at any time prior to the election; and no person who, in respect to age and residence, would become entitled to vote within the said four months, shall be excluded from registration on account of his want of qualification at the time of registration.

Section 252

Text of Section 252: Terms of Office; General Election Dates The term of office of all elective officers under this Constitution shall be four years, except as otherwise provided herein. A general election for all elective officers shall be held on the Tuesday next after the first Monday of November, A.D. 1895, and every four years thereafter; Provided, The legislature may change the day and date of general elections to any day and date in October, November or December.

Section 253

	Text of Section 253: Restoration of Right of Suffrage after Crime The legislature may, by a two-thirds vote of both houses, of all members elected, restore the right of suffrage to any person disqualified by reason of crime; but the reasons therefore shall be spread upon the journals, and the vote shall be by yeas and nays.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Mississippi SOS, "Mississippi Constitution" (HTML)
• Mississippi SOS, "Mississippi Constitution" (PDF)
• Mississippi Department of Archives and History, "Mississippi History Timeline"
• Mississippi History Now, "Constitutions of Mississippi"
• Mississippi History Now, "Mississippi Constitution of 1890"
• Mississippi History Now, "Mississippi Constitution of 1868"
• Mississippi History Now, "Mississippi Constitution of 1832"
• Mississippi History Now, "Mississippi Constitution of 1817"

Additional reading

• Winkle, John W. (2014). The Mississippi State Constitution, New York, New York: Oxford University Press
• L.A. Times, "148 years later, Mississippi ratifies amendment banning slavery"