Bill Text: MS HB1655 | 2024 | Regular Session | Engrossed
Bill Title: Candidate qualifications; revise process for.
Spectrum: Bipartisan Bill
Status: (Failed) 2024-04-02 - Died In Committee [HB1655 Detail]
Download: Mississippi-2024-HB1655-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representatives Felsher, Yates
House Bill 1655
(As Passed the House)
AN ACT TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ORDER TO QUALIFY TO RUN FOR OFFICE, A CANDIDATE MUST SUBMIT, ALONG WITH THE QUALIFICATION FEES, A NOTARIZED WRITTEN STATEMENT AND A COPY OF THE CANDIDATE'S MISSISSIPPI IDENTIFICATION CARD; TO REQUIRE THE SECRETARY OF STATE TO ASSESS A FIVE HUNDRED DOLLAR FINE TO ANY STATE EXECUTIVE COMMITTEE THAT FAILS TO TRANSMIT ANY WRITTEN STATEMENTS AND OTHER REQUIRED DOCUMENTS AND ACCOMPANYING FEES TO THE SECRETARY OF STATE BY 6:00 P.M. ON THE DATE OF THE QUALIFYING DEADLINE; TO PROVIDE THAT THE FINE SHALL BE FOR EACH WRITTEN STATEMENT THAT IS SUBMITTED AFTER 6:00 P.M. ON THE DATE OF THE QUALIFYING DEADLINE; TO REQUIRE THE SECRETARY OF STATE TO DEPOSIT ANY FINES RECEIVED FROM ANY STATE EXECUTIVE COMMITTEE INTO THE ELECTIONS SUPPORT FUND; TO PROVIDE A TIMELINE FOR AN EXECUTIVE COMMITTEE OR THE SECRETARY OF STATE, WHICHEVER IS APPLICABLE, TO DETERMINE WHETHER A CANDIDATE MEETS THE QUALIFICATIONS TO HOLD THE OFFICE HE OR SHE SEEKS; TO PROVIDE THAT ONCE AN EXECUTIVE COMMITTEE HAS DETERMINED WHETHER A CANDIDATE IS QUALIFIED TO HOLD THE OFFICE HE OR SHE SEEKS, THE SECRETARY OF THE EXECUTIVE COMMITTEE SHALL TRANSMIT A LIST OF ALL OF THOSE CANDIDATES AND HOW THE EXECUTIVE COMMITTEE RULED ON THEIR QUALIFICATIONS TO THE SECRETARY OF STATE FOR REVIEW; TO PROVIDE THE SECRETARY OF STATE A TIMELINE TO DETERMINE IF THE CANDIDATES WERE PROPERLY QUALIFIED OR DISQUALIFIED; TO PROVIDE THAT IF THE SECRETARY OF STATE DISAGREES WITH A DECISION MADE BY AN EXECUTIVE COMMITTEE, THE SECRETARY OF STATE SHALL NOTIFY THE EXECUTIVE COMMITTEE AND CANDIDATE AND GIVE THE EXECUTIVE COMMITTEE AND CANDIDATE TEN DAYS TO APPEAL THAT DETERMINATION; TO PROVIDE THE SECRETARY OF STATE TEN DAYS TO CONSIDER THE APPEAL OF THE EXECUTIVE COMMITTEE OR CANDIDATE; TO PROVIDE THAT IF THE SECRETARY OF STATE UPHOLDS HIS DETERMINATION, THE CANDIDATE MAY APPEAL THAT DETERMINATION; TO PROVIDE THAT IF A CANDIDATE HAS VOTED IN ANY ELECTION OUTSIDE OF THE JURISDICTION IN WHICH THEY SEEK TO REPRESENT DURING THE PERIOD IN WHICH THE CANDIDATE IS REQUIRED TO HAVE RESIDED WITHIN THE JURISDICTION, THE NAME OF SUCH CANDIDATE SHALL NOT APPEAR ON THE BALLOT; TO AMEND SECTION 23-15-961, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, TO PROVIDE THE PROCESS FOR THAT JUDICIAL REVIEW; TO PROVIDE THAT IF A CANDIDATE HAS VOTED IN ANY ELECTION OUTSIDE OF THE JURISDICTION IN WHICH THEY SEEK TO REPRESENT DURING THE PERIOD IN WHICH THE CANDIDATE IS REQUIRED TO HAVE RESIDED WITHIN THE JURISDICTION, THE NAME OF SUCH CANDIDATE SHALL NOT APPEAR ON THE BALLOT; TO PROVIDE THAT A CANDIDATE AGGRIEVED BY THE DECISION OF THE APPROPRIATE ELECTION COMMISSION MAY FILE A PETITION FOR JUDICIAL REVIEW TO THE CIRCUIT COURT OF THE COUNTY IN WHICH THE ELECTION COMMISSION WHOSE DECISION IS BEING REVIEWED SITS; TO AMEND SECTION 23-15-1093, MISSISSIPPI CODE OF 1972, TO CHANGE THE DEADLINE TO QUALIFY TO RUN FOR PRESIDENT FROM JANUARY 1 THROUGH JANUARY 15 TO NOVEMBER 15 THROUGH DECEMBER 15; TO BRING FORWARD SECTIONS 23-15-963, 23-15-1085 AND 23-15-1089, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a) Assessments made pursuant to subsection (1)(a), (b), (c) and (d) of Section 23-15-297 shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to subsection (3)(a), (b) and (c) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(2) (a) Assessments made pursuant to subsection (1)(e) and (f) of Section 23-15-297, shall be paid by each candidate who seeks a nomination in the political party election to the circuit clerk of that candidate's county of residence by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days. No candidate may attempt to qualify with any political party that does not have a duly organized county executive committee, and the circuit clerk shall not accept any assessments paid for nonlegislative offices pursuant to subsection (1)(e) and (f) of Section 23-15-297 if the circuit clerk does not have contact information for the secretary of the county executive committee for that political party.
(b) Assessments made pursuant to subsection (3)(d) and (e) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the circuit clerk of that candidate's county of residence by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county election commission within two (2) business days.
(3) (a) Assessments made pursuant to subsection (1)(g) and (h) of Section 23-15-297 must be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to subsection (1)(g) and (h) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to subsection (3)(f) and (g) of Section 23-15-297 must be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to subsection (3)(f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(4) (a) The fees paid pursuant
to subsections (1), (2) and (3) of this section shall be accompanied by a notarized,
written statement containing the name and address of the candidate, the party with
which he or she is affiliated, if applicable, the email address of the candidate,
if any, * * *
the office for which he or she is a candidate and a copy of the candidate's Mississippi
identification card.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements and other required documents accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement and all of the required documents by 5:00 p.m. on the date of the qualifying deadline. The Secretary of State shall assess a Five Hundred Dollar ($500.00) fine to any state executive committee that fails to transmit any written statements and other required documents and accompanying fees to the Secretary of State by 6:00 p.m. on the date of the qualifying deadline. Such fine shall be assessed for each written statement and other required documents and fees that were not turned in to the Office of the Secretary of State by 6:00 p.m. The Secretary of State shall deposit any fines received from any state executive committee into the Elections Support Fund established in Section 23-15-5. The name of any person who pays the required fee and files the required statement and the required documents after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot or the general election ballot.
(5) The Secretary of State or the secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which the candidate making payment is running and the political party with which he or she is affiliated, if applicable, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold the funds to be finally disposed of by order of their respective executive committees. The funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committee members, and of their secretary and may pay the secretary such salary as may be reasonable. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(7) (a) Upon receipt of the
proper fee and all necessary information, the proper executive committee or the
Secretary of State, whichever is applicable, shall then determine * * * the
following:
(i) Whether
each candidate is a qualified elector of the state, state district, county or county
district which they seek to serve * * *; and
(ii) Whether
each candidate meets all other qualifications to hold the office he or she is seeking
or presents absolute proof that he or she will, subject to no contingencies, meet
all qualifications on or before the date of the general or special election at which
he or she could be elected to office * * *; and
(iii) * * * Whether the candidate has taken the steps
necessary to qualify for more than one (1) office at the election * * *; and
(iv) * * * Whether any candidate has been convicted of any
of the following and not pardoned:
* * * 1. Any felony in a court of this
state,
* * * 2. On or after December 8, 1992, * * * any offense in another state which is a felony
under the laws of this state,
* * * 3. Any felony in a federal court
on or after December 8, 1992, or
* * * 4. Any offense that involved the
misuse or abuse of his or her office or money coming into his or her hands by virtue
of the office. Excepted from the above are convictions of manslaughter and violations
of the United States Internal Revenue Code or any violations of the tax laws of
this state * * *;
and
(v) Whether the candidate has voted in any election outside of the jurisdiction in which he or she seeks to represent during the period in which the candidate is required to have resided within the jurisdiction. If a candidate is found to have voted in any election outside of the jurisdiction that he or she seeks to represent during the period in which the candidate is required to have resided within the jurisdiction, the name of such candidate shall not appear on the ballot.
(b) * * * The
proper executive committee or the Secretary of State, whichever is applicable, shall
make the determinations in paragraph (a) of this subsection within the
following time periods:
(i) Five (5) days of the qualifying deadline during presidential preference primary elections; or
(ii) Fifteen (15) days of the qualifying deadline for federal mid-term elections; or
(iii) Thirty
(30) days of the qualifying deadline during statewide elections.
(c) Once the proper executive committee or the Secretary of State, whichever is applicable, has made the determinations required in paragraph (a) of this subsection within the time periods provided in paragraph (b) of this subsection, the secretary of each executive committee shall transmit the list of all of those candidates and how the executive committee ruled on their qualification to hold the office to the Secretary of State. Upon receipt of the list of candidates either qualified or disqualified by the proper executive committee, the Secretary of State shall have (i) five (5) days after the deadline of the executive committee provided in paragraph (b) of this subsection in presidential preference primaries; or (ii) fifteen (15) days after the deadline of the executive committee provided in paragraph (b) of this subsection in federal mid-term elections; or (iii) thirty (30) days after the deadline of the executive committee provided in paragraph (b) of this subsection in statewide elections to determine whether the candidates were properly qualified or disqualified. The executive committee shall provide any information as needed by the Secretary of State to assist him in making his determination. If the executive committee qualified a candidate to appear on the ballot and the Secretary of State determines that decision was proper, the name of that candidate shall be placed on the ballot. If the executive committee disqualified a candidate and the Secretary of State determines that decision was proper, the name of that candidate shall not be placed on the ballot. The candidate may appeal that decision of the Secretary of State as provided in Section 23-15-961. If the executive committee qualified or disqualified a candidate to appear on the ballot and the Secretary of State determines that decision was made erroneously, the Secretary of State shall provide notice of his determination to the executive committee and candidate and give the executive committee and candidate an opportunity to appeal the determination of the Secretary of State. Such appeal shall occur ten (10) business days after the determination was made. The Secretary of State shall mail notice of the appeal hearing to the executive committee and the candidate at the address provided by the candidate on the qualifying forms at least three (3) business days before the hearing, and the Secretary of State shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. After the appeal, the Secretary of State shall have ten (10) days to consider the appeal of the executive committee or candidate. If the Secretary of State upholds his determination and a candidate was improperly qualified, then the name of that candidate shall not be placed on the ballot. If the Secretary of State upholds his determination and a candidate was improperly disqualified, then the name of that candidate shall be placed on the ballot. Any candidate who is aggrieved by a decision of the Secretary of State may appeal that decision as provided in Section 23-15-961.
(c) If the proper executive committee or the Secretary of State, whichever is applicable, determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(d) Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee or the Secretary of State, whichever is applicable, when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 2. Section 23-15-961, Mississippi Code of 1972, is amended as follows:
23-15-961. (1) Any person desiring
to contest the qualifications of another person as a candidate for nomination
in a political party primary election or a candidate who has been disqualified
under the provisions of Section 23-15-299 shall file a petition for judicial
review specifically setting forth the grounds of the challenge within * * * twenty-one (21) days after the * * * Secretary of State finally
determines whether a candidate is a qualified elector of the state, state district,
county or county district for the office in question. The petition shall
be filed with the * * * circuit court of the county where the candidate
in question resides according to his or her notarized written statement.
* * *
* * * The person filing for judicial review shall
give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or
more sufficient sureties conditioned to pay all costs in case his petition be
dismissed, and an additional bond may be required, by the court, if necessary,
at any subsequent stage of the proceedings.
( * * *2) Upon the filing of the petition and
bond, the circuit clerk shall immediately, by registered letter or by telegraph
or by telephone, or personally, notify the Chief Justice of the Supreme Court,
or in his absence, or disability, some other judge of the Supreme Court, who
shall forthwith designate and notify a circuit judge or retired judge on
senior status of a district other than that which embraces the district,
subdistrict, county or any of the counties, involved in the contest or complaint,
to proceed to the county in which the contest or complaint has been filed to
hear and determine the contest or complaint. It shall be the official duty of
the trial judge to proceed to the discharge of the designated duty at the earliest
possible date to be fixed by the judge and of which the contestant and
contestee shall have reasonable notice. The contestant and contestee are to be
served in a reasonable manner as the judge may direct, in response to which
notice the contestee shall promptly file his answer, and also his cross-complaint
if he has a cross-complaint. The hearing before the trial court shall be de
novo. The matter shall be tried to the trial judge, without a jury. After
hearing the evidence, the trial judge shall determine whether the candidate whose
qualifications have been challenged or who has been disqualified as provided
in Section 23-15-299 is legally qualified to have his name placed upon the
ballot in question. The trial judge may, upon disqualification of any such
candidate, order that such candidate shall bear the court costs of the
proceedings.
( * * *3) Within three (3) days after
judgment is rendered by the circuit court, the contestant or contestee, or
both, may file an appeal in the Supreme Court upon giving a cost bond in the
sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which
shall state the point or points of law at issue with a sufficient synopsis of the
facts to fully disclose the bearing and relevancy of such points of law. The
bill of exceptions shall be signed by the trial judge, or in case of his absence,
refusal or disability, by two (2) disinterested attorneys, as is provided by
law in other cases of bills of exception. The filing of such appeals shall
automatically suspend the decision of the circuit court and the appropriate executive
committee is entitled to proceed based upon their decision unless and until the
Supreme Court, in its discretion, stays further proceedings in the matter. The
appeal shall be immediately docketed in the Supreme Court and referred to the
court en banc upon briefs without oral argument unless the court shall call for
oral argument, and shall be decided at the earliest possible date, as a
preference case over all others. The Supreme Court shall have the authority to
grant such relief as is appropriate under the circumstances.
( * * *4) The procedure set forth in this
section shall be the sole and only manner in which the qualifications of a
candidate seeking public office as a party nominee may be challenged prior to
the time of his nomination or election. After a party nominee has been elected
to public office, the election may be challenged as otherwise provided by law.
After a party nominee assumes an elective office, his qualifications to hold
that office may be contested as otherwise provided by law.
SECTION 3. Section 23-15-963, Mississippi Code of 1972, is brought forward as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for municipal office elected on the date designated by law for regular municipal elections, shall file a petition specifically setting forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309, Mississippi Code of 1972. Such petition shall be filed with the municipal commissioners of election, being the same body with whom the candidate in question qualified pursuant to Section 23-15-361, Mississippi Code of 1972.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by the action or inaction of the appropriate election officials may file a petition for judicial review to the circuit court of the county in which the election officials whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate election officials. Such person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(7) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(8) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(9) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office who qualified pursuant to the provisions of Sections 23-15-359, 23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged prior to the time of his election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 4. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as provided in this section, the ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297, if the candidates and nominees meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the petition or fee, whichever is applicable, required above shall be filed as provided for in subsection (3), (4) or (5) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and the names shall be listed under the name of the political party that candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of the political party. In the event the candidate qualifies as an independent as provided in this section, he or she shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the Secretary of State by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners of all persons who have filed petitions with the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(5) The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(6) The election commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of the local issue must be filed with the election commissioners by the appropriate governing authority not less than sixty (60) days before the date of the election.
(7) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(8) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the Secretary of State and signed by not less than fifty (50) qualified electors.
(9) (a) The appropriate election commission shall determine the following:
(i) Whether
each candidate is a qualified elector of the state, state district, county or
county district they seek to serve * * *; and
(ii) Whether
each candidate meets all other qualifications to hold the office he or she is seeking
or presents absolute proof that he or she will, subject to no contingencies,
meet all qualifications on or before the date of the general or special election
at which he or she could be elected to office * * *; and
(iii) * * * Whether
the candidate has taken the steps necessary to qualify for more than one (1)
office at the election * * *; and
(iv) * * * Whether
any candidate has been convicted of any of the following and not pardoned:
* * *1. * * * Any felony in a court of this state,
* * *2. On or after December 8, 1992, * * * any offense in another state which is a
felony under the laws of this state,
* * *3. * * * Any felony in a federal court on or after
December 8, 1992, or
* * *4. * * * Any offense that involved the misuse or
abuse of his or her office or money coming into his or her hands by virtue of the
office. Excepted from the above are convictions of manslaughter and violations
of the United States Internal Revenue Code or any violations of the tax laws of
this state * * *;
and
(v) Whether the candidate has voted in any election outside of the jurisdiction in which they seek to represent during the period in which the candidate is required to have resided within the jurisdiction. If a candidate is found to have voted in any election outside of the jurisdiction that they seek to represent during the period in which the candidate is required to have resided within the jurisdiction, the name of such candidate shall not appear on the ballot.
(b) If the appropriate election commission finds that a candidate either (i) is not a qualified elector, (ii) does not meet all qualifications to hold the office he or she seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (iii) has been convicted of a felony or other disqualifying offense as described in paragraph (a) of this subsection, and not pardoned, or (iv) has voted in any election outside of the jurisdiction they are currently seeking to represent during the period in which the candidate is required to have resided within the jurisdiction, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove that he or she meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot. If the appropriate election commission determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken. The election commission shall render a decision on whether the name of the candidate shall appear on the ballot within five (5) days of the hearing.
(c) (i) A candidate aggrieved by the decision of the appropriate election commission may file a petition for judicial review to the circuit court of the county in which the election commission whose decision is being reviewed sits. Such petition must be filed no later than ten (10) days after the decision of the election commission. Such candidate filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his or her petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(ii) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given to the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(iii) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions that states the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(iv) The procedure set forth above shall be the sole and only manner in which a candidate may appeal the appropriate election commission's decision to not place the candidate's name on the ballot under this section. These provisions do not interfere with the rights of other persons to challenge the decision of the appropriate election commission to place the name of the candidate on the ballot in accordance with Section 23-15-963. After any person assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
(10) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, only one (1) person has duly qualified to be a candidate for the office in the general election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (9) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(11) The petition required by this section may not be filed by using the Internet.
SECTION 5. Section 23-15-1093, Mississippi Code of 1972, is amended as follows:
23-15-1093. (1) Any person desiring to have his name placed on the presidential preference primary ballot shall pay a qualifying fee and file the petition or petitions as described in this section.
(2) (a) For candidates entering the race for party nominations for office, the amount of the qualifying fee shall be the amount determined by the state executive committee of the party pursuant to Section 23-15-297(2) but no less than Two Thousand Five Hundred Dollars ($2,500.00) and no more than Twenty-five Thousand Dollars ($25,000.00).
(b) For independent candidates entering the race for office, the amount of the qualifying fee shall be Two Thousand Five Hundred Dollars ($2,500.00).
(c) Each independent candidate shall pay the qualifying fee to the Secretary of State. Each political party candidate shall pay the qualifying fee to the state executive committee of the appropriate political party.
(3) The secretaries of the proper executive committee shall hold the funds to be finally disposed of by order of their respective executive committees. The funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committee members, and of their secretary and may pay the secretary such salary as may be reasonable.
(4) A candidate shall file a
petition or petitions in support of his candidacy with the state executive committee
of the appropriate political party or the Secretary of State, whichever is applicable,
after * * *
November 15 of the year * * * preceding the year in which the
presidential preference primary is to be held and before * * * December 15 of that same year. To
comply with this section, a candidate may file a petition or petitions signed by
a total of not less than five hundred (500) qualified electors of the state, or
petitions signed by not less than one hundred (100) qualified electors of each congressional
district of the state, in which case there shall be a separate petition for each
congressional district. The petitions shall be in such form as prescribed by the
state executive committee or Secretary of State, whichever is applicable; provided,
that there shall be a space for the county of residence of each signer next to the
space provided for his signature. No signature may be counted as valid unless the
county of residence of the signer is provided. Each petition shall contain an affirmation
under the penalties of perjury that each signer is a qualified elector in his congressional
district or in the state, as appropriate.
SECTION 6. Section 23-15-1085, Mississippi Code of 1972, is brought forward as follows:
23-15-1085. The chairman of a party's state executive committee shall notify the Secretary of State if the party intends to hold a presidential preference primary. The Secretary of State shall be notified prior to December 1 of the year preceding the year in which a presidential preference primary may be held pursuant to Section 23-15-1081. Upon such notification, the Secretary of State shall issue a proclamation setting every party's congressional and senatorial primary elections that are to be held in the year in which the presidential preference primary is to be held on the date provided for in Section 23-15-1083. Once the Secretary of State has issued a proclamation pursuant to this section, the date of the congressional and senatorial primary elections shall not be changed.
SECTION 7. Section 23-15-1089, Mississippi Code of 1972, is brought forward as follows:
23-15-1089. The Secretary of State shall place the name of a candidate upon the presidential preference primary ballot when the Secretary of State shall have determined that such a candidate is qualified under Section 23-15-1093.
On or after January 15 immediately preceding a presidential preference primary election the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates he intends to place on the ballot at the following presidential preference primary election. Following this announcement he shall not add candidates to his selection, and he shall not delete any candidate whose name appears on the announced list, unless the candidate dies or has withdrawn as a candidate as provided in this chapter.
SECTION 8. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
