VOTER GUIDE TO INITIATIVE 42 BALLOTMississippi voters on Nov. 3 will have a choice – albeit somewhat confusing – on their ballots on the Initiative 42 school funding proposal. The ballot boils down to this: Whether you’re in favor of Initiative 42, or opposed, you’re being asked to vote twice on the ballot: First, for or against changing Section 201 of the state constitution; then, choosing either Initiative 42 or the “spoiler” Initiative 42A crafted by legislative opponents of the original initiative.Here’s how:

INITIATIVE 42: WORDS MATTER

• CURRENT: Mississippi’s constitution, Section 201, currently reads: “The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legis-lature may prescribe.”

This wording gives the state Legislature dominion over school funding. It has thwarted lawsuits to force lawmakers to spend more or to even force them to follow the school funding formula they set into law in 1997.

• IF PASSED: Initiative 42, placed on the ballot from a petition drive by public education advocates, would change the state constitution. A new Section 201 would read: “To protect each child’s fundamental right to educational opportunity, the State shall provide for the establishment, maintenance and support of an adequate and efficient system of free public schools. The chancery courts of this State shall have the power to enforce this section with appropriate injunc-tive relief.”

This wording, similar to that of other states’ constitutions, is expected to force lawmakers to fully fund the Mississippi Adequate Education Program. If they don’t, it would allow for lawsuits and give the courts authority to determine what constitutes an adequate public education system.

• THE SPOILER: Initiative 42A was added to the ballot by legislative opponents of Initiative 42. It would change Sec-tion 201 to read: “The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools.”

This language if passed is expected to keep status quo in terms of the Legislature’s budgeting authority, but makes passage of the original initiative more difficult.

PROS AND CONS ON INITIATIVE 42

Pros• Would likely increase funding for the long-struggling K-12 public education system in Mississippi, which spends up to 30 percent less per student than surrounding states.

• Came from a “grass roots” drive, where more than 107,000 registered voters – 200,000 people overall -- signed a petition to put the constitutional change on the ballot.

• Is expected, through litigation and the courts, to force the Legislature to “fully fund” the spending formula set into • Is expected, through litigation and the courts, to force the Legislature to “fully fund” the spending formula set into law in 1997 to provide “adequate” funding. Lawmakers have routinely “shorted” the formula – by more than $1.7 billion just in the last seven years.

Cons• Could take public education spending authority from the 174 elected representatives in the Legislature and give it to a chancery court – which opponents say is a dangerous shift in constitutional separation of powers and checks and balances in state government.

• Could cause cuts to other state agencies and services. While proponents of Initiative 42 say K-12 spending in• Could cause cuts to other state agencies and services. While proponents of Initiative 42 say K-12 spending in-creases could be phased in, the constitutional language up for a vote has no phase-in provision. Opponents say its passage would require cuts to most other state budgets.

• Opponents say the constitutional change could give the courts power to change or set other public education policy, not just funding.

HOW TO VOTE IF YOU SUPPORT INITIATIVE 42

HOW TO VOTE IF YOU OPPOSE INITIATIVE 42

1. Vote “FOR APPROVAL OF EITHER” here. This shows you support changing the state constitution. But you’re not done. 1. Vote “AGAINST BOTH” here. You could leave

it at that, but Initiative 42 opponents want you to cast a second vote.

2. Vote “FOR initiative Measure No. 42.” 2. Vote “FOR Alternative Measure No. 42 A” here. Should a constitution change be mandated by the first vote, 42 opponents want this to pass.