§255 | REPEALED
Footnotes
Laws, 1962, 1st Extraordinary Session, ch. 18, which also proposed to amend this section of the constitution, was not approved by the electorate. The 1962 amendment to Section 255 of the Constitution was proposed by Laws, 1962, 2d Extraordinary Session, ch. 57, and, upon ratification by the electorate on Feb. 5, 1963, was inserted by a proclamation of the Secretary of State on Feb. 13, 1963, by virtue of the authority vested in him by Section 273 of the Constitution, as amended.
Laws, 1962, 2d Extraordinary Session, ch. 57, also provides as follows:
“Be it further resolved, that it is the intent of this Resolution to provide by constitutional amendment for the apportionment of Senators and Representatives to be elected in 1963 to take office the first Tuesday after the first Monday of January, 1964, and thereafter, and nothing contained herein shall serve to or be construed to shorten or otherwise affect the term of office of any Senator or Representative presently serving in that capacity. The constitutional amendments submitted herewith shall, if approved, be self-executing for the purpose of providing for Senatorial and legislative representation to be elected in 1963 in the event implementing legislation is not enacted and approved.”In a 1966 decision of a three-judge federal court, Connor v. Johnson, 256 F Supp 962, supp op 265 F Supp 492, the provisions of this section, as amended, were declared to be unconstitutional and invalid for all future elections of members of the Senate.
The repeal of Section 255 of Article 13 of the Mississippi Constitution of 1890 was proposed by Laws, 1977, 2d Extraordinary Session, ch. 27, being Senate Concurrent Resolution No. 57 of the second extraordinary session of the 1977 Legislature, and upon ratification by the electorate on November 6, 1979, was deleted from the Constitution by proclamation of the Secretary of State on November 30, 1979.
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