Mississippi Code

Miss. Code Ann. § 23-17-23 (2026)

Grounds for refusing to file initiative petition

✓ current as of July 2026

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

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

(b) That the petition clearly bears insufficient signatures;

(c) 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);

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

(e) 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.

Laws, 1993, ch. 514, § 12; Laws, 1996, ch. 444, § 3, eff. 6/28/1996 (the date the United States Attorney General interposed no objections under Section 5 of the Voting Rights Act of 1965).

Notes of Decisions

Cited in 8 cases, 1997–2015 · leading case: Hughes v. Hosemann, 68 So. 3d 1260 (Miss. 2011).

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Hughes v. Hosemann, 68 So. 3d 1260 (Miss. 2011). · cites it 12× “Miss.Code Ann. § 23-17-23 (Rev. 2007). [12] Mississippi Code Section 23-17-25 provides that if the Secretary of State refuses to file an initiative, the sponsor of the initiative can seek an order from this Court requiring the Secretary of State to bring the petition before the…”

Legislature of the State of Mississippi v. Adrian Shipman, 170 So. 3d 1211 (Miss. 2015). · cites it 4× “” The definition necessarily excludes what Section 23-17-31 calls “amendments to the measure” adopted by the Legislature, which Measure 42A would be, and it belies Shipman’s contention, found in her brief, that Section 23-17-13 contains no language suggesting it applies only to…”

Kean v. Clark, 56 F. Supp. 2d 719 (S.D. Miss. 1999). · cites it 6× “The Office of the Secretary of State sent Russell a letter dated June 9, 1998, confirming that the Term Limits Initiative had been accepted and filed in accordance with Miss. Code Ann. § 23-17-23 (1972). Section 273(6) of the Mississippi Constitution provides that the Secretary…”

Term Limits Leadership Council, Inc. v. Clark, 984 F. Supp. 470 (S.D. Miss. 1997). · cites it 2× “And finally, Miss.Code Ann. § 23-17-23(c), the third statute involved in this case, requires that the Secretary of State refuse to file any initiative petition on which one or more of the signatures has been obtained in violation of § 23-17-17(2) or § 23-17-57(3).”

In Re Proposed Initiative Measure No. 20, 774 So. 2d 397 (Miss. 2000). · cites it 2× “Stoner next suggests that section 23-17-23 illustrates only the purely procedural nature of the entire initiative and referendum scheme and contends that a proposed initiative is not subject to any substantive review by the courts.”

Stoner v. Mahoney, 774 So. 2d 397 (Miss. 2000). · cites it 2× “Stoner next suggests that section 23-17-23 illustrates only the purely procedural nature of the entire initiative and referendum scheme and contends that a proposed initiative is not subject to any substantive review by the courts.”

Deborah Hughes v. Delbert Hosemann (Miss. 2010). · cites it 6× “Miss. Code Ann. § 23-17-23 (Rev. 2007). 9 -25 (Rev.”

Elizabeth Stoner v. Robert Mahoney (Miss. 1999). · cites it 2× “Stoner next suggests that section 23-17-23 illustrates only the purely procedural nature of the entire initiative and referendum scheme and contends that a proposed initiative is not subject to any substantive review by the courts.”

— Miss. Code Ann. § 23-17-23(c) — 2 cases

Term Limits Leadership Council, Inc. v. Clark, 984 F. Supp. 470 (S.D. Miss. 1997). “And finally, Miss.Code Ann. § 23-17-23(c), the third statute involved in this case, requires that the Secretary of State refuse to file any initiative petition on which one or more of the signatures has been obtained in violation of § 23-17-17(2) or § 23-17-57(3).”

Kean v. Clark, 56 F. Supp. 2d 719 (S.D. Miss. 1999). “The Office of the Secretary of State sent Russell a letter dated June 9, 1998, confirming that the Term Limits Initiative had been accepted and filed in accordance with Miss. Code Ann. § 23-17-23 (1972). Section 273(6) of the Mississippi Constitution provides that the Secretary…”

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