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Bill

HB 1104

Abortion; provide for statewide referendum on question of prohibiting abortions in Mississippi.

2025 Regular Session Introduced by Earle Banks

Mississippi bill proposing statewide voter referendum to decide whether to prohibit abortions, allowing public direct democracy on abortion policy instead of legislative action.

Died In Committee
#apportionmentandelections #constitution
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Bill Summary · HB 1104

Legislative bill overview

HB 1104 would have established a statewide referendum allowing Mississippi voters to directly decide whether to prohibit abortions in the state. Rather than legislatively enacting abortion restrictions, this bill would have put the question to voters through a ballot measure, effectively bypassing the legislature and letting the electorate determine abortion policy directly.

Why is this important

This bill represents a significant procedural approach to abortion policy—using direct democracy rather than legislative action. Given Mississippi's current legal landscape (where abortion is largely restricted following the 2022 Dobbs decision), a referendum would either solidify or modify the state's existing de facto near-total ban depending on how voters responded. The outcome would directly reflect public sentiment on one of America's most contentious issues.

Potential points of contention

  • Referendum vs. Representative Democracy: Questions about whether fundamental rights should be decided by majority vote versus legislative deliberation and constitutional protections
  • Current Legal Status: Debate over whether a referendum is necessary given Mississippi already has substantial abortion restrictions in place post-Dobbs
  • Framing and Messaging: How ballot language is written significantly influences voter response, raising concerns about neutrality and voter clarity
  • Implementation Challenges: Questions about what specific abortion prohibitions would result if voters approved the measure and how exceptions (health, rape, incest) would be handled

Compiled from official sources — confirm details with the bill’s official record.

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