MISSISSIPPI CONSTITUTION
ARTICLE XIII
APPORTIONMENT
§254 | SENATORIAL AND REPRESENTATIVE DISTRICTS
Footnotes
The 1962 amendment to Section 254 of the Constitution was proposed by Laws, 1962, 2d Extraordinary Session, ch. 57, and, upon ratification by the electorate on Feb. 15, 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 House of Representatives.
The 1977 amendment to Section 254 of the Mississippi Constitution of 1890 was proposed by Laws, 1977, 2d Extraordinary Session, ch. 27, (Senate Concurrent Resolution No. 507), and upon ratification by the electorate on November 6, 1979.
§255 | REPEALED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.
§256 | REPEALED
Footnotes
“Section 256. The legislature may, at the first session after the Federal census of 1900, and decennially, thereafter, make a new apportionment of Senators and Representatives. At each apportionment each county then organized shall have at least one Representative. The counties of Tishomingo, Alcorn, Prentiss, Lee, Itawamba, Tippah, Union, Benton, Marshall, Lafayette, Pontotoc, Monroe, Chickasaw, Calhoun, Yalobusha, Grenada, Carroll, Montgomery, Choctaw, Webster, Clay, Lowndes and Oktibbeha, or the territory now composing them, shall together never have less than forty-four Representatives. The counties of Attala, Winston, Noxubee, Kemper, Leake, Neshoba, Lauderdale, Newton, Scott, Rankin, Clarke, Jasper, Smith, Simpson, Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, Wayne, Greene, Perry, Marion, Pike, Pearl River, Hancock, Harrison, and Jackson, or the territory now composing them, shall together never have less than forty-four Representatives; nor shall the remaining counties of the state, or the territory now composing them, ever have less than forty-four Representatives. A reduction in the number of Senators and Representatives may be made by the legislature if the same be uniform in each of the three said divisions; but the number of Representatives shall not be less than one hundred, nor more than one hundred and thirty-three, nor the number of Senators less than thirty, nor more than forty-five, provided that new counties hereafter created shall be given at least one Representative until the next succeeding apportionment.”The repeal of Section 256 of the Constitution was proposed by Laws, 1962, 2d Extraordinary Session, ch. 57, and the repeal became effective upon ratification of the proposal by the electorate on Feb. 5, 1963, and the certification thereof by a proclamation by the Secretary of State on Feb. 13, 1963.
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.”Laws, 1962, 1st Extraordinary Session, ch. 18, which proposed to amend former § 256 of the Constitution, was not approved by the electorate.
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