NATCHEZ — The future of Mississippi’s educational funding will be on Tuesday’s ballot. But with the election getting closer, some confusion still remains about how to vote for or against Initiative 42.

Initiative 42 is a proposed constitutional amendment requiring the state Legislature to fully fund schools. The Initiative is enforceable by chancery courts with appropriate injunctive relief.

Opponents have said this will give all the power to a Hinds County judge, the county where the state capitol is located.

Communications director for the group 42 for Better Schools Patsy Brumfield calls this a “myth.” State law requires a potential lawsuit against the Legislature to begin in Hinds County, but the losing side can appeal to the Mississippi Supreme Court.

Earlier this month, 19 academics, 10 attorneys at law and the past president of the Mississippi Bar Association attached their names to a letter explaining why sole power would not be given to a judge in Hinds County.

University of Mississippi School of Law’s Associate Professor of law Desiree Hensley was one of the signers.

Hensley, speaking for herself and not her employer, said the letter was not for or against 42. Instead, she said the signers wanted to correct the record about who has the final say.

“If either side is aggrieved and they feel they didn’t get the right outcome, it goes up to the highest legal authority in the state, which in this case is the Mississippi Supreme Court,” Hensley said.

A few days later, a letter with the name of 23 lawyers, five of which were also politicians, was released. It stated the primary problem with the initiative is that judges would be making the legislative decisions.

One of the drafters, Attorney Andy Taggart, said he is concerned Initiative 42 would give the Legislature’s power to make decisions on education funding and policy to the judiciary.

“It’s not any particular judge that we are concerned about making this decision,” Taggart said. “It’s that judges would be making this decision at all.”

If the case did go before a judge and was appealed, Taggart and Hensley both said it was likely the Supreme Court would pick up the case. But Attorney and signer Cory Wilson, who is currently running unopposed for office in Madison, said trials don’t always go to the appellate court.

“There’s a massive amount of pressure to settle the case, save money, to not spend it on litigation,” Wilson said.

If neither side appeals, Wilson said the matter would end in Hinds County.

And when it comes to voting for or against the measure, the presence of alternative measure 42A means it takes two steps instead of one. The Legislature voted to introduce 42A, which, unlike 42, lacks a funding mechanism.

It also requires the State to support an “effective” school system rather than 42’s “adequate” and “efficient” one.

“Knowing how to vote the ballot is the most important thing at this point,” Brumfield said. “Everybody has seen it and they realize it takes two steps to pass 42.”

If voters want to vote for Initiative 42, they have to go under the section of the ballot marked “FOR APPROVAL OF EITHER” and fill in the bubble next to “Initiative Measure No. 42 or Alternative Measure No. 42 A.”

Afterward, voters would have to go to the next section, “VOTE FOR ONE,” and mark the bubble next to “For Initiative Measure No. 42.”

If voters want to vote for 42A, they would mark “Initiative Measure No. 42 or Alternative Measure No. 42 A” under “FOR APPROVAL OF EITHER” and then vote for 42A under “VOTE FOR ONE.”

If voters want to vote against 42, then they would go to “FOR APPROVAL OF EITHER” and mark “AGAINST BOTH Initiative Measure No. 42 AND Alternative Measure No. 42A.”

But, they would still be able to vote for their preference between Initiative 42 or 42A under the “VOTE FOR ONE” section.

For 42 to pass, it would take 50 percent plus one of the vote and at least 40 percent of the total vote.

“I’m feeling cautiously optimistic,” Brumfield said. “I just know that we have had so much thrown at us in the last two years to fight funding our schools that it just boggles your mind to try and understand why. But in the end it is all about Nov. 3.”