MISSISSIPPI CONSTITUTION
ARTICLE XII
FRANCHISE

§240 | ELECTIONS TO BE BY BALLOT

All elections by the people shall be by ballot.

§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 therefor and is otherwise a qualified elector.

Footnotes

NOTE: The 1968 amendment to Section 241 of Article 11 of the Constitution of 1890 was proposed by House Concurrent Resolution No. 5 of the 1968 regular session of the Legislature, and upon ratification by the electorate on June 4, 1968, was inserted by a proclamation of the Secretary of State on June 13, 1968, by virtue of the authority vested in him by Section 273 of the Constitution.

The 1972 amendment to Section 241 of Article 11 of the Constitution of 1890 was proposed by Laws, 1972, ch. 626, being Senate Concurrent Resolution No. 502 of the 1972 regular session of the Legislature, and upon ratification by the electorate on November 7, 1972, was inserted by proclamation of the Secretary of State on November 22, 1972.

§241A | REPEALED

Footnotes

NOTE: Former Section 241A read as follows:

“Section 241A. 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.”

Former section 241A was proposed as an additional section to Article 12 of the Constitution by Laws, 1960, ch. 550, and, upon ratification by the electorate on Nov. 8, 1960, was inserted in the Constitution by proclamation of the Secretary of State on Nov. 23, 1960. The proposal for the repeal of the former section was made by Laws, 1965, Extraordinary Session, ch. 40, and upon the repeal being ratified by the electorate on the third Tuesday of August, 1965, the Secretary of State, pursuant to authority vested in him by Section 273 of the Constitution, issued his proclamation setting out the fact that former section 241-A stood repealed.

§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 willful and corrupt false statement in said affidavit shall be perjury.

Footnotes

NOTE: The 1965 amendment to Section 242 of the Constitution 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, Extraordinary Session, ch. 40, 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, by virtue of the authority vested in him by Section 273 of the Constitution, as amended.

§243 | REPEALED

Footnotes

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

The repeal of Section 243 of Article 12 of the Constitution of 1890 was proposed by Laws, 1975, ch. 524 (House Concurrent Resolution No. 46), and upon ratification by the electorate on November 4, 1975, was deleted from the Constitution by proclamation of the Secretary of State on December 8, 1975.

§244 | REPEALED

Footnotes

NOTE: 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 of the Constitution, which eliminated and amended certain qualifications for voting, was proposed by Laws, 1965, Extraordinary Session, ch. 40, 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, by virtue of the authority vested in him by Section 273 of the Constitution, as amended.

The repeal of Section 244 of Article 12 of the Constitution of 1890 was proposed by Laws, 1975, ch. 523 (House Concurrent Resolution No. 45), and upon ratification by the electorate on November 4, 1975, was deleted from the Constitution by proclamation of the Secretary of State on December 8, 1975.

§244A | 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.

Footnotes

NOTE: The amendment to Article 12 of the Constitution, adding Section 244A, 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, Extraordinary Session, ch. 40, 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, by virtue of the authority vested in him by Section 273 of the Constitution, as amended.

§245 | ELECTOR QUALIFICATIONS IN MUNICIPAL ELECTIONS104

Electors in municipal elections shall possess all the qualifications herein prescribed, and such additional qualifications as may be provided by law.

§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.108

§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.

§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.

§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.

§249A | GOVERNMENT ISSUED PHOTO IDENTIFICATION REQUIRED TO VOTE

(1)

(a) Except as provided in subsection (2), a qualified elector who votes in a primary or general election, either in person at the polls or in person in the office of the circuit clerk, shall present a government issued photo identification before being allowed to vote.

(b) A qualified elector who does not have a government issued photo identification and who cannot aﬀord such identification may obtain a state issued photo identification free of charge from the Mississippi Department of Public Safety. The elector must show appropriate identifying documents required by the Mississippi Department of Public Safety as provided by law.

(2)

(a) An elector living and voting in a state-licensed care facility shall not be required to show a government issued photo identification before being allowed to vote.

(b) An elector who has a religious objection to being photographed will be allowed to cast an affidavit ballot, and the elector, within five days after the election, shall execute an affidavit in the appropriate circuit clerk’s office affirming that the exemption applies.

(c) An elector who has a government issued photo identification, but is unable to present that identification when voting, shall file an affidavit ballot, and the elector, within five days after the election, shall present the government issued photo identification to the appropriate circuit clerk.

(3) This provision shall not be construed to require photo identification to register to vote. This provision only requires government issued photo identification for casting a ballot.

(4) The Legislature shall enact legislation to implement the provisions of this section of the constitution.

Footnotes

NOTE: During the November 8, 2011, election, a citizen-initiated Constitutional amendment, Initiative # 27 - Voter Identification, was approved by a majority of the electors of Mississippi. The Governor, by Executive Order No. 1074, dated January 9, 2012, directed the Secretary of State to insert Initiative # 27 in the Mississippi Constitution as Article 12, § 249A.

Article 15 § 273(10) of the Mississippi Constitution provides that initiatives approved by the electors take eﬀect thirty (30) days from the date of the official declaration of the vote by the Secretary of State. The Secretary of State certified the November 8, 2011, election on December 8, 2011.

§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.

Footnotes

NOTE: The 1962 amendment to Section 250 of the Constitution 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, by virtue of the authority vested in him by Section 273 of the Constitution, as amended.

§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.

Footnotes

NOTE: The provisions of Art. 12, § 251 of the Mississippi Constitution of 1890 that prescribe a period of 4-months registration for qualified electors before voting in elections are unconstitutional, void and of no eﬀect, as contrary to the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Ferguson v. Williams, 343 F.Supp. 654, 657 (N.D. Miss. 1972).

§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.

§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 therefor shall be spread upon the journals, and the vote shall be by yeas and nays.

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MISSISSIPPI CONSTITUTIONARTICLE XIIFRANCHISE

§240 | ELECTIONS TO BE BY BALLOT

§241 | QUALIFICATIONS FOR ELECTORS

Footnotes

§241A | REPEALED

Footnotes

§242 | VOTER REGISTRATION

Footnotes

§243 | REPEALED

Footnotes

§244 | REPEALED

Footnotes

§244A | ADDITIONAL QUALIFICATIONS FOR VOTER REGISTRATION

Footnotes

§245 | ELECTOR QUALIFICATIONS IN MUNICIPAL ELECTIONS104

§246 | REGULATION OF ELECTIONS

§247 | SECURING FAIRNESS IN PARTY PRIMARY ELECTIONS AND CONVENTIONS

§248 | REMEDIES FOR ILLEGAL OR IMPROPER REGISTRATION

§249 | REGISTRATION REQUIRED TO VOTE

§249A | GOVERNMENT ISSUED PHOTO IDENTIFICATION REQUIRED TO VOTE

Footnotes

§250 | QUALIFIED ELECTORS ELIGIBLE FOR OFFICE

Footnotes

§251 | TIME OF REGISTRATION

Footnotes

§252 | TERMS OF OFFICE; GENERAL ELECTION DATES

§253 | RESTORATION OF RIGHT OF SUﬀRAGE AFTER CRIME

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