Bill Text: MS HB305 | 2017 | Regular Session | Introduced
Bill Title: Open primaries elections; authorize for state, county and municipal offices.
Spectrum: Bipartisan Bill
Status: (Failed) 2017-01-31 - Died In Committee [HB305 Detail]
Download: Mississippi-2017-HB305-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections
By: Representative Horne
House Bill 305
AN ACT TO ABOLISH PARTISAN PRIMARIES; TO PROVIDE THE TIME FOR HOLDING GENERAL AND PREFERENTIAL ELECTIONS; TO PROVIDE THAT WHEN ONLY ONE PERSON HAS QUALIFIED AS A CANDIDATE FOR AN OFFICE, SUCH PERSON'S NAME SHALL BE PLACED ON THE GENERAL ELECTION BALLOT; TO PROVIDE THAT A PREFERENTIAL ELECTION SHALL BE HELD THREE WEEKS BEFORE THE GENERAL ELECTION AND THE CANDIDATE WHO RECEIVES A MAJORITY OF THE VOTES CAST FOR SUCH OFFICE SHALL HAVE ONLY HIS OR HER NAME PLACED ON THE GENERAL ELECTION BALLOT; TO PROVIDE THAT WHEN NO CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN THE PREFERENTIAL ELECTION FOR AN OFFICE, THAT THE TWO CANDIDATES WHO RECEIVE THE HIGHEST NUMBER OF VOTES IN THE PREFERENTIAL ELECTION SHALL HAVE THEIR NAMES PLACED ON THE GENERAL ELECTION BALLOT AS CANDIDATES FOR SUCH OFFICE; TO PROVIDE THE PROCEDURE TO FOLLOW IN CASE OF TIES; TO PROVIDE THE MANNER FOR QUALIFYING AS A CANDIDATE FOR PUBLIC OFFICE; TO PROVIDE FOR THE PRINTING OF NECESSARY BALLOTS; TO AMEND SECTIONS 21-7-7, 21-8-7, 21-9-15, 21-9-17, 21-15-1, 21-31-27, 23-15-11, 23-15-21, 23-15-31, 23-15-37, 23-15-129, 23-15-153, 23-15-173, 23-15-197, 23-15-213, 23-15-239, 23-15-240, 23-15-266, 23-15-271, 23-15-313, 23-15-367, 23-15-375, 23-15-401, 23-15-403, 23-15-411, 23-15-423, 23-15-463, 23-15-465, 23-15-469, 23-15-507, 23-15-511, 23-15-513, 23-15-523, 23-15-531.4, 23-15-531.6, 23-15-531.7, 23-15-541, 23-15-557, 23-15-559, 23-15-561, 23-15-573, 23-15-593, 23-15-595, 23-15-601, 23-15-605, 23-15-673, 23-15-687, 23-15-692, 23-15-713, 23-15-755, 23-15-771, 23-15-801, 23-15-807, 23-15-811, 23-15-833, 23-15-859, 23-15-873, 23-15-881, 23-15-885, 23-15-891, 23-15-899, 23-15-911, 23-15-951, 23-15-961, 23-15-963, 23-15-1065, 23-15-1081, 23-15-1085, 23-15-1087, 23-15-1089, 23-15-1091, 23-15-1093, 23-15-1095, 23-15-1097, 25-4-3, 65-1-3, 79-19-21, 79-19-27, 95-1-5, 97-13-18 AND 97-13-35, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO BRING FORWARD SECTION 23-15-575, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO REPEAL SECTION 23-15-127, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE PREPARATION, USE AND REVISION OF PRIMARY ELECTION POLLBOOKS; TO REPEAL SECTION 23-15-171, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DATES OF MUNICIPAL PRIMARY ELECTIONS; TO REPEAL SECTION 23-15-191, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DATE OF STATE, DISTRICT AND COUNTY PRIMARY ELECTIONS; TO REPEAL SECTIONS 23-15-263, 23-15-265, 23-15-267, 23-15-291 THROUGH 23-15-311, 23-15-317, 23-15-319, 23-15-331, 23-15-333 AND 23-15-335, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE DUTIES OF THE STATE EXECUTIVE COMMITTEE AND COUNTY EXECUTIVE COMMITTEES IN PRIMARY ELECTIONS, PROVIDE FOR THE QUALIFICATION OF CANDIDATES FOR PARTY PRIMARY ELECTIONS, AND PROVIDE FOR THE CONDUCT OF PARTY PRIMARY ELECTIONS; TO REPEAL SECTIONS 23-15-359, 23-15-361 AND 23-15-363, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CONTENTS OF GENERAL ELECTION BALLOTS; TO REPEAL SECTIONS 23-15-597 AND 23-15-599, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CANVASS OF RETURNS AND ANNOUNCEMENT OF VOTE BY THE COUNTY EXECUTIVE COMMITTEES IN PRIMARY ELECTIONS AND REQUIRE THE STATE EXECUTIVE COMMITTEE TO TRANSMIT TO THE SECRETARY OF STATE A TABULATED STATEMENT OF THE PARTY VOTE FOR CERTAIN OFFICES; TO REPEAL SECTION 23-15-841, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR PRIMARY ELECTIONS FOR THE NOMINATION OF CANDIDATES TO FILL VACANCIES IN COUNTY AND COUNTY DISTRICT OFFICES; TO REPEAL SECTIONS 23-15-921 THROUGH 23-15-941, MISSISSIPPI CODE OF 1972, WHICH PROVIDE PROCEDURES FOR CONTESTS OF PRIMARY ELECTIONS; TO REPEAL SECTION 23-15-1031, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DATE OF PRIMARY ELECTIONS FOR CONGRESSMEN AND UNITED STATES SENATORS; TO REPEAL SECTION 23-15-1063, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS UNREGISTERED POLITICAL PARTIES FROM CONDUCTING PRIMARY ELECTIONS; TO REPEAL SECTION 23-15-1083, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THAT CERTAIN CONGRESSIONAL PRIMARIES BE HELD ON THE SAME DAY AS THE PRESIDENTIAL PREFERENCE PRIMARY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For purposes of this act, the following words shall have the meaning ascribed herein unless the context otherwise requires:
(a) "Preferential election" means a primary election held for the purpose of determining those candidates whose names will be placed on the general or regular election ballot. Any person who meets the qualifications to hold the office he or she seeks may be a candidate in the preferential election without regard to party affiliation or lack of party affiliation.
(b) "General election" or "regular election" means an election held for the purpose of determining which candidate shall be elected to office.
(c) "Political party" means a party defined as a political party by the provisions of Sections 23-15-1059 and 23-15-1061.
(2) All qualified electors of the State of Mississippi may participate, without regard to party affiliation or lack of party affiliation, in any appropriate preferential, general or regular election.
SECTION 2. The general election in 2017 and every general election thereafter shall be held on the first Tuesday after the first Monday of November of the year. When more than one (1) person has qualified or been certified as a candidate for any office, a preferential election for such office shall be held three (3) weeks before the general election.
SECTION 3. A person who has qualified in the manner provided by law as a candidate for election under Sections 1 through 11 of this act shall have the right to withdraw his or her name as a candidate by giving notice of the withdrawal in writing to the secretary of the appropriate election commission at any time before the printing of the official ballots, and in the event of his or her withdrawal, the name of the candidate shall not be printed on the ballot.
SECTION 4. When only one (1) person has qualified or been certified as a candidate for any office, the person's name shall be placed only on the general or regular election ballot and shall not be placed on the ballot for a preferential election.
SECTION 5. When more than one (1) person has qualified or been certified as a candidate for any office, a preferential election for the office shall be held three (3) weeks before the general or regular election, and any candidate who receives a majority of the votes cast in such preferential election shall have only his or her name placed on the ballot in the general or regular election. Except as provided in Section 6 of this act, if no person shall receive a majority of the votes cast at the preferential election, then the two (2) persons receiving the highest number of votes in the preferential election shall have their names placed on the ballot in the general or regular election as candidates for such office.
SECTION 6. (1) When there is a tie in the preferential election between the candidates receiving the highest number of votes, then only those candidates shall be placed on the ballot as candidates in the general election.
(2) When there is a tie in the preferential election between the candidates receiving the next highest number of votes, and there is not a tie for the highest number of votes, candidates receiving the next highest number of votes, and the one candidate receiving the highest number of votes, no one having received a majority, shall have their names placed on the ballot as candidates in the general or regular election.
(3) If (a) there are more than two (2) candidates in the preferential election, and (b) no candidate in the election receives a majority of the votes cast at the preferential election, and (c) there is not a tie in the preferential election that would require the procedure prescribed in subsection (2) of this section to be followed, and (d) one (1) of the two (2) candidates who receives the highest number of votes in the preferential election withdraws or is otherwise unable to participate in the general or regular election, then the remaining candidate of the two (2) candidates and the candidate who receives the third highest number of votes in the election shall be placed on the ballot as candidates in the general or regular election.
SECTION 7. All candidates receiving the highest number of votes for any office in the general or regular election shall be declared elected to the office, subject to the requirements of Sections 140, 141 and 143, Mississippi Constitution of 1890.
SECTION 8. All candidates upon entering the race for election to any office, except municipal officers, no later than 5:00 p.m. sixty (60) days before the general election, shall file their intent to be a candidate and pay to the secretary of the proper executive committee of the political party with which the candidate is affiliated or the appropriate election commission if not affiliated with a political party for each election the following amounts:
(a) Candidates for Governor and United States Senator, the sum of Three Hundred Dollars ($300.00);
(b) Candidates for United States Representative, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, the sum of Two Hundred Dollars ($200.00);
(c) Candidates for district attorney, the sum of One Hundred Dollars ($100.00);
(d) Candidates for State Senator and State Representative, the sum of Fifteen Dollars ($15.00);
(e) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, the sum of Fifteen Dollars ($15.00); and
(f) Candidates for county surveyor, county coroner, justice court judge and constable, the sum of Ten Dollars ($10.00).
SECTION 9. (1) Candidates for offices set out in Section 8 of this act under paragraphs (a), (b), (c) and (d) shall file their intent to be a candidate with the secretary of the state executive committee of the political party with which the candidate is affiliated or with the secretary of the state election commission if not affiliated with a political party.
(2) Candidates for offices set out in Section 8 of this act under paragraphs (e) and (f) shall file their intent to be a candidate with the secretary of the county executive committee of the political party with which the candidate is affiliated, or with the county election commission if not affiliated with a political party.
Not later than fifty-five (55) days before the general election, the respective executive committee shall certify to the appropriate election commission all candidates who have filed their intent to be a candidate.
(3) (a) The fees required to be paid pursuant to Section 8 of this act shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, if any, and the office for which he or she is a candidate.
(b) The appropriate executive committee or election commission, as the case may be, shall transmit to the Secretary of State a copy of the written statements 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 no 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 by 5:00 p.m. not later than sixty (60) days before the general election. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the preferential election ballot.
(4) The secretary to whom such payments are made pursuant to Section 8 of this act shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, if any, and the secretary 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.
(5) 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.
(6) Upon receipt of the proper fee and all necessary information, the proper executive committee or election commission shall then determine whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and 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. The executive committee or election commission shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court. 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 unless the offense also involved misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. If the proper executive committee or election commission finds that a candidate either (a) is not a qualified elector, (b) 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 (c) has been convicted of a felony as described in this subsection, and not pardoned, then the name of the candidate shall not be placed upon the ballot. If the proper executive committee or 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.
Where there is but one (1) candidate for each office contested at the preferential election, the proper executive committee or election commission when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(7) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 10. (1) Necessary ballots for use in elections shall be printed as provided for in Section 23-15-351. The ballots shall contain the names of all candidates who have filed their intention to be a candidate in the manner and within the time prescribed herein. The names shall be listed alphabetically on the ballot without regard to party affiliation, if any, with indication of the political party, if any, with which the candidate qualified and placed in parentheses following the name of the candidate.
(2) The county 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 general election pursuant to Section 23-15-375; provided, however, that 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 election.
SECTION 11. (1) All candidates upon entering the race for election to any municipal office shall, not later than 5:00 p.m. sixty (60) days before any municipal general or regular election, file their intent to be a candidate and pay to the secretary of the municipal executive committee of their political party or to the municipal election commission for each election the amount of Ten Dollars ($10.00).
(2) Candidates for municipal office shall file their intent to be a candidate with the secretary of the municipal executive committee of the political party with which the candidate is affiliated, or with the secretary of the municipal election commission if not affiliated with a political party.
(3) The election shall be held on the date provided for in Section 23-15-173; and if a preferential election is necessary, the preferential election shall be held three (3) weeks before the general or regular municipal election. At the election, or elections, the municipal election commissioners shall perform the same duties as are specified by law and performed by the county election commissioners with regard to state and county general and preferential elections. Except as otherwise provided by law, all municipal elections shall be held and conducted as is provided by law for state and county elections.
(4) Provided, however, that in municipalities operating under a special or private charter which fixes a time for holding elections other than the time fixed herein, the preferential election shall be three (3) weeks before the general election as fixed by the charter.
(5) Not later than fifty-five (55) days before the general election, the respective municipal executive committees shall certify to the municipal election commission all candidates who have filed, within the time prescribed in this section, with such executive committees their intent to be a candidate.
SECTION 12. Sections 1 through 11 of this act shall apply to all elections to public office, except elections for judicial office as defined in Section 23-15-975 and special elections.
SECTION 13. Nothing in Sections 1 through 11 of this act 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 the commissioners shall have printed on the ballot the name of any candidate who shall have been requested to be a candidate for the office by a petition filed with the commissioners not less than ten (10) working days before the election and signed by not less than fifty (50) qualified electors.
SECTION 14. The state executive committee of a political party is hereby authorized to make and promulgate reasonable rules and regulations for the affairs of the political party and may authorize the county executive committee of the party to have a new registration of the members of that party.
SECTION 15. It shall be the duty of the state executive committee of each political party to furnish to the election commissioners of each county the names of all state and state district candidates who have qualified as provided in Sections 8 and 9 of this act.
SECTION 16. The chairs of the state and county election commissioners, respectively, shall transmit to the Secretary of State a tabulated statement of the vote cast in each county in each state and district election, which statement shall be filed by the Secretary of State and preserved among the records of his or her office.
SECTION 17. Candidates for the offices of Public Service Commissioner, State Highway Commissioner, any other officers elected from each Supreme Court district, representatives in Congress, district attorneys and any other offices elected by districts, shall be voted for by all the counties within their respective districts, and all district candidates, shall be under the supervision and control of the state election commissioners. The commissioners shall discharge, for such state district elections, all the powers and duties imposed upon them in connection with elections of candidates for other state offices.
SECTION 18. Section 21-7-7, Mississippi Code of 1972, is amended as follows:
21-7-7. The governing body
of any such municipality shall be a council, known and designated as such,
consisting of seven (7) members. One (1) of the members shall be the mayor,
having the qualifications as prescribed by Section 21-3-9, who shall have full
rights, powers and privileges of other councilmen. The mayor shall be
nominated and elected at large; the remaining councilmen shall be nominated and
elected one (1) from each ward into which the city shall be divided. However, if
the city be divided into less than six (6) wards, the remaining councilmen
shall be nominated and elected at large. The councilmen, including the mayor,
shall be elected for a term of four (4) years to serve until their successors
are elected and qualified in accordance with the provisions of Section * * * 11 of this act, * * * the term commencing on the first
Monday of January after the municipal election first following the adoption of
the form of government as provided by this chapter.
The compensation for the
members of the council shall, for the first four (4) years of operation, under
this chapter, be fixed by the * * * mayor and board of aldermen holding
office * * *
before the change in form of government. Thereafter the amount of
compensation for each * * *
member may be increased or decreased by the council, by council action taken * * * before the election of members
thereof for the ensuing term, such action to become effective with the ensuing
terms.
SECTION 19. Section 21-8-7, Mississippi Code of 1972, is amended as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise
provided in subsection (4) of this section, the mayor and council members shall
be elected by the voters of the municipality at a regular municipal election
held on the first Tuesday after the first Monday in June as provided in Section * * * 11 of this act, and shall
serve for a term of four (4) years beginning on the first day of July next
following the election that is not on a weekend.
(3) The terms of the initial mayor and council members shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form of government.
(4) (a) The council shall
consist of five (5), seven (7) or nine (9) members. In the event there are
five (5) council members, the municipality shall be divided into either five
(5) or four (4) wards. In the event there are seven (7) council members, the
municipality shall be divided into either seven (7), six (6) or five (5)
wards. In the event there are nine (9) council members, the municipality shall
be divided into seven (7) or nine (9) wards. If the municipality is divided
into fewer wards than it has council members, the other council member or
members shall be elected from the municipality at large. The total number of
council members and the number of council members elected from wards shall be
established by the petition or petitions presented pursuant to Section 21-8-3.
One (1) council member shall be elected from each ward by the voters of that
ward. Council members elected to represent wards must be residents of their
wards at the time of qualification for election, and any council member who
removes the member's residence from the municipality or from the ward from
which elected shall vacate that office. However, any candidate for council
member who is properly qualified as a candidate under applicable law shall be
deemed to be qualified as a candidate in whatever ward the member resides if
the ward has changed after the council has redistricted the municipality as
provided in paragraph (c)(ii) of this subsection (4), and if the wards have
been so changed, any person may qualify as a candidate for council member,
using the person's existing residence or by changing the person's residence,
not less than fifteen (15) days before the * * * preferential
election or special party primary, as the case may be, notwithstanding any
other residency or qualification requirements to the contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be
the mandatory duty of the council to redistrict the municipality by ordinance,
which ordinance may not be vetoed by the mayor, within six (6) months after the
official publication by the United States of the population of the municipality
as enumerated in each decennial census, and within six (6) months after the
effective date of any expansion of municipal boundaries; however, if the
publication of the most recent decennial census or effective date of an
expansion of the municipal boundaries occurs six (6) months or more before the * * *
preferential election in a municipality, then the council shall
redistrict the municipality by ordinance not less than sixty (60) days before
the * * * preferential election.
(ii) If the
publication of the most recent decennial census occurs less than six (6) months
before the * * * preferential election in a
municipality, the election shall be held with regard to the
existing defined wards; reapportioned wards based on the census shall not serve
as the basis for representation until the next regularly scheduled election in
which council members shall be elected.
(d) If annexation of
additional territory into the municipal corporate limits of the municipality
occurs less than six (6) months before the * * *
preferential election in a municipality, the council shall, by
ordinance adopted within three (3) days of the effective date of the
annexation, assign the annexed territory to an adjacent ward or wards so as to
maintain as nearly as possible substantial equality of population between
wards; any subsequent redistricting of the municipality by ordinance, as
required by this chapter, shall not serve as the basis for
representation until the next regularly scheduled election for municipal
council members.
(5) Vacancies occurring in the council shall be filled as provided in Section 23-15-857.
(6) The mayor shall maintain an office at the city hall. The council members shall not maintain individual offices at the city hall; however, in a municipality having a population of one hundred thousand (100,000) and above according to the latest federal decennial census, council members may have individual offices in the city hall. Clerical work of council members in the performance of the duties of their office shall be performed by municipal employees or at municipal expense, and council members shall be reimbursed for the reasonable expenses incurred in the performance of the duties of their office.
SECTION 20. Section 21-9-15, Mississippi Code of 1972, is amended as follows:
21-9-15. (1) (a) The legislative power of any city in which the council-manager plan of government is in effect under this chapter shall be vested in a council consisting of a mayor and five (5) councilmen.
(b) Any city with a
larger or smaller number of councilmen, * * * before September 30, 1962, may
retain this larger or smaller number of councilmen or may adopt the council
size of five (5) as prescribed herein. This option shall be exercised through
the enactment of an appropriate ordinance by the municipal governing body * * * before the election to adopt
the council-manager plan of government. In the event the council fails to
exercise this option, the council shall consist of five (5) councilmen.
(c) At the next
regular municipal election which takes place after the adoption of the council-manager
form of government, the mayor shall be elected at large by the voters of the
entire city. Also, the councilmen shall be elected at large by the voters of
the entire city to represent a city-wide district, or each of four (4)
councilmen may be elected from a ward to represent such ward and one (1)
councilman may be elected to represent a city-wide district. This option shall
be exercised by an appropriate ordinance enacted by the city governing body * * * before the election to adopt
the council-manager plan of government. In the event the council fails to
exercise this option, the councilmen shall be elected at large to represent the
city-wide district. In its discretion at any time after adoption and
implementation of the council-manager plan of government the council may
provide for the election of councilmen by wards as provided herein, which shall
become effective at the next regularly scheduled election for city councilmen.
(d) Councilmen elected
to represent wards must be residents of their wards; and in cities having more
or fewer than five (5) councilmen, * * * before September 30, 1962, the
city governing body shall determine the number of councilmen to represent the
wards and the number of councilmen to represent the city-wide district.
(e) The council of any municipality having a population exceeding forty-five thousand (45,000) inhabitants according to the 1970 decennial census which is situated in a Class 1 county bordering on the State of Alabama and which is governed by a council-manager plan of government on January 1, 1977 may, in its discretion, adopt an ordinance to require the election of four (4) of the five (5) council members from wards and not from the city at large. The four (4) council members shall be elected one (1) each from the wards in which they reside in the municipality, and shall be elected only by the registered voters residing within the ward in which the council member resides. The mayor and fifth council member may continue to be elected from the city at large. Any council member who shall remove his or her residence from the ward from which he or she was elected shall, by operation of law, vacate his or her seat on the council.
After publication of the
population of the municipality according to the 1980 decennial census, the
governing authorities of the municipality shall designate the geographical
boundaries of new wards as provided in this subparagraph. Each ward shall
contain as nearly as possible the population factor obtained by dividing by
four (4) the city's population as shown by the 1980 and each most recent
decennial census thereafter. It shall be the mandatory duty of the council to
redistrict the city by ordinance, which ordinance may not be vetoed by the
mayor, within six (6) months after the official publication by the United
States of the population of the city as enumerated in each decennial census,
and within six (6) months after the effective date of any expansion of
municipal boundaries; provided, however, if the publication of the most recent
decennial census or effective date of an expansion of the municipal boundaries
occurs six (6) months or more * * * before the * * *
preferential election in a municipality, then the council
shall redistrict the city by ordinance within at least sixty (60) days of * * * the preferential election.
If the publication of the most recent decennial census occurs less than six (6)
months * * *
the * * * preferential election in a
municipality, the election shall be held with regard to currently defined
wards; and reapportioned wards based on the census shall not serve as the basis
for representation until the next regularly scheduled election in which council
members shall be elected. If annexation of additional territory into the
municipal corporate limits of the city shall occur less than six (6) months * * * before the * * *
preferential election in a municipality, the city council
shall, by ordinance adopted within three (3) days of the effective date of * * * the annexation, assign * * * the annexed territory to an
adjacent ward or wards so as to maintain as nearly as possible substantial
equality of population between wards. Any subsequent redistricting of the city
by ordinance as required by this section shall not serve as the basis for
representation until the next regularly scheduled election for city
councilmen.
(2) However, in any municipality situated in a Class 1 county bordering on the Mississippi Sound and the State of Alabama, traversed by U.S. Highway 90, the legislative power of such municipality in which the council-manager plan of government is in effect shall be vested in a council consisting of a mayor and six (6) councilmen. In the next regular municipal election in such municipality, the mayor shall be elected at large by the voters of the entire municipality. Also, the councilmen shall be elected at large by the voters of the entire municipality to represent a municipality-wide district, or each of five (5) councilmen may be elected from one (1) of five (5) wards to represent said ward and one (1) councilman shall be elected to represent a municipality-wide district. This option as to wards shall be exercised by an appropriate ordinance enacted by the municipal governing body. In the event the council fails to exercise this option, the councilmen shall be elected at large to represent the municipality-wide district. Councilmen elected to represent wards must be residents of their wards.
The method of electing the mayor and councilmen shall be the same as otherwise provided by law except as provided in this chapter. The mayor and councilmen elected hereunder shall hold office for a term of four (4) years and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he or she is a qualified elector of such city.
(3) (a) In the event a
city with a population of one hundred thousand (100,000) or more inhabitants
according to the last decennial census adopts the council-manager form of
government, the legislative power of * * * the city shall be vested in a
council consisting of a mayor and eight (8) councilmen.
(b) At the next regular municipal election which takes place after the adoption of the council-manager form of government, the mayor shall be elected at large by the voters of the entire municipality. The municipality shall be divided into five (5) wards with one (1) councilman to be elected from each ward by the voters of that ward, and three (3) councilmen to be elected from the municipality at large. Councilmen elected to represent wards must be residents of their wards at the time of qualification for election, and any councilman who removes his or her residence from the city or from the ward from which he or she was elected shall vacate his or her office.
(c) It shall be the
duty of the municipal governing body existing at the time of the adoption of
the council-manager form of government to designate the geographical boundaries
of the five (5) wards within sixty (60) days after the election in which the
council-manager form is selected. In designating the geographical boundaries
of the five (5) wards, each ward shall contain as nearly as possible the
population factor obtained by dividing by five (5) the city's population as
shown by the most recent decennial census. It shall be the mandatory duty of
the council to redistrict the city by ordinance, which ordinance may not be
vetoed by the mayor, within six (6) months after the official publication by
the United States of the population of the city as enumerated in each decennial
census, and within six (6) months after the effective date of any expansion of
municipal boundaries; however, if the publication of the most recent decennial
census or effective date of an expansion of the municipal boundaries occurs six
(6) months or more * * * before the * * * preferential
election in a municipality, then the council shall redistrict the city by
ordinance within at least sixty (60) days of * * * the preferential
election. If the publication of the most recent decennial census occurs
less than six (6) months * * *prior to before the * * * preferential
election in a municipality, the election shall be held with regard to
currently defined wards; and reapportioned wards based on the census shall not
serve as the basis for representation until the next regularly scheduled
election in which city councilmen shall be elected. If annexation of
additional territory into the municipal corporate limits of the city shall
occur less than six (6) months * * * before the * * * preferential
election in a municipality, the city council shall, by ordinance adopted
within three (3) days of the effective date of such annexation, assign such
annexed territory to an adjacent ward or wards so as to maintain as nearly as
possible substantial equality of population between wards; any subsequent
redistricting of the city by ordinance as required by this section shall not
serve as the basis for representation until the next regularly scheduled
election for city councilmen.
(4) The method of electing the mayor and councilmen shall be the same as otherwise provided by law, except as provided in this chapter. The mayor and councilmen elected hereunder shall hold office for a term of four (4) years and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he or she is a qualified elector of such city.
SECTION 21. Section 21-9-17, Mississippi Code of 1972, is amended as follows:
21-9-17. Except as
otherwise provided, all candidates for mayor and councilmen, or any of them, to
be voted for at any general or special municipal election, shall be nominated
by * * * preferential election in a municipality, and no
other name or names shall be placed on the official ballot at such general or
special election than those selected in the manner prescribed herein. Such * * * preferential
election shall be held not less than ten (10), nor more than thirty (30)
days, preceding the general or special election, and such * * * preferential
election shall be held and conducted in the manner as near as may be as is
provided by law for state and county * * * preferential elections.
SECTION 22. Section 21-15-1, Mississippi Code of 1972, is amended as follows:
21-15-1. All officers
elected at the general or regular municipal election provided for in
Section * * *
11 of this act, shall qualify and enter upon the discharge of their
duties on the first day of July after such general election that is not on a
weekend, and shall hold their offices for a term of four (4) years and until
their successors are duly elected and qualified.
SECTION 23. Section 21-31-27, Mississippi Code of 1972, is amended as follows:
21-31-27. No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose.
If any person holding any
office, place, position or employment subject to civil service, actively
participates in political activity in any * * * preferential election or general
election in a municipality where he or she is employed, it shall be
deemed cause for removal.
SECTION 24. Section 23-15-11, Mississippi Code of 1972, is amended as follows:
23-15-11. Every inhabitant
of this state, except persons adjudicated to be non compos mentis, who is a
citizen of the United States of America, eighteen (18) years old and upwards,
who has resided in this state for thirty (30) days and for thirty (30) days in
the county in which he or she seeks to vote, and for thirty (30) days in
the incorporated municipality in which he or she seeks to vote, and who
has been duly registered as an elector under Section 23-15-33, and who has
never been convicted of vote fraud or of any crime listed in Section 241,
Mississippi Constitution of 1890, shall be a qualified elector in and for the
county, municipality and voting precinct of his or her residence, and
shall be entitled to vote at any election upon compliance with Section 23-15-563.
Any person who will be eighteen (18) years of age or older on or before the
date of the general election and who is duly registered to vote not less than
thirty (30) days before the * * * preferential election associated
with the general election, may vote in the * * * preferential election even
though the person has not reached his or her eighteenth birthday at the time
that the person seeks to vote at the * * * preferential election. No
others than those specified in this section shall be entitled, or shall be
allowed, to vote at any election.
SECTION 25. Section 23-15-21, Mississippi Code of 1972, is amended as follows:
23-15-21. It shall be
unlawful for any person who is not a citizen of the United States or the State
of Mississippi to register or to vote in any * * * special, preferential or
general election in the state.
SECTION 26. Section 23-15-31, Mississippi Code of 1972, is amended as follows:
23-15-31. All of the
provisions of this * * *
section shall be applicable, insofar as possible, to municipal, * * *
preferential,
general and special elections; and wherever therein any duty is imposed or any
power or authority is conferred upon the county registrar * * * or county election commissioners * * * with
reference to a state and county election, such duty shall likewise be imposed
and such power and authority shall likewise be conferred upon the municipal
registrar * * * or
municipal election commission * * * with
reference to any municipal election.
SECTION 27. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The
registrar shall keep * * *
the books open at his or her office and shall register the
electors of his or her county at any time during regular office hours.
(2) The registrar may keep
his or her office open for registration of voters from 8:00 a.m. until
7:00 p.m., including the noon hour, for the five (5) business days immediately
preceding the thirtieth day * * * before any regularly scheduled * * *
preferential or
general election. The registrar shall also keep his or her office open
from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the
thirtieth day * * *
before any regularly scheduled * * * preferential or general
election.
(3) The registrar, or any deputy registrar duly appointed by law, may visit and spend such time as he or she may deem necessary at any location in his or her county, selected by the registrar not less than thirty (30) days before an election, for the purpose of registering voters.
(4) A person who is
physically disabled and unable to visit the office of the registrar to register
to vote due to * * *
the disability may contact the registrar and request that the registrar
or * * * the
registrar's deputy visit him or her for the purpose of registering * * * the person to vote. The registrar
or * * * the
registrar's deputy shall visit * * * the person as soon as possible
after such request and provide such person with an application for
registration, if necessary. The completed application for registration shall
be executed in the presence of the registrar or * * * the registrar's deputy.
(5) (a) In the fall and
spring of each year the registrar of each county shall furnish all public
schools with mail-in voter registration applications. * * * The applications shall be provided
in a reasonable time to enable those students who will be eighteen (18) years
of age before a general election to be able to vote in the * * *
preferential and
general elections.
(b) Each public school
district shall permit access to all public schools of this state for the
registrar or * * *
the registrar's deputy for the purpose of registration of persons
eligible to vote and for providing voter education.
SECTION 28. Section 23-15-129, Mississippi Code of 1972, is amended as follows:
23-15-129. The election
commissioners * * * and the registrars of the respective counties are hereby
directed to make an administrative division of the pollbook for each county
immediately following any reapportionment of the Mississippi Legislature or any
realignment of supervisors districts, if necessary. * * * The administrative
division shall form subprecincts whenever necessary within each voting precinct
so that all persons within a subprecinct shall vote on the same candidates for
each public office. The polling place for all subprecincts within any given
voting precinct shall be the same as the polling place for the voting
precinct. Additional managers may be appointed for subprecincts in the
discretion of the election commissioners * * *.
SECTION 29. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the
following times, the election commissioners * * * shall meet at the office of the
registrar and carefully revise the registration books and the pollbooks of the
several voting precincts, and shall erase from those books the names of all
persons erroneously on the books, or who have died, removed or become
disqualified as electors from any cause; and shall register the names of all
persons who have duly applied to be registered and have been illegally denied
registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first
Tuesday in the month immediately preceding the first * * * preferential election for
congressmen in the years when congressmen are elected;
(c) On the first
Monday in the month immediately preceding the first * * * preferential election for state,
state district legislative, county and county district offices in the years in
which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.
(2) Except as provided in
this section, and subject to the following annual limitations, the election
commissioners * * *
shall be entitled to receive a per diem in the amount of Eighty-four Dollars
($84.00), to be paid from the county general fund, for every day or period of
no less than five (5) hours accumulated over two (2) or more days actually
employed in the performance of their duties in the conduct of an election or
actually employed in the performance of their duties for the necessary time
spent in the revision of the registration books and pollbooks as required in
subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the
number of days authorized in subsection (2) of this section, the board of
supervisors of a county may authorize, in its discretion, the election commissioners * * * to receive a per diem in the
amount provided for in subsection (2) of this section, to be paid from the
county general fund, for every day or period of no less than five (5) hours
accumulated over two (2) or more days actually employed in the performance of
their duties in the conduct of an election or actually employed in the
performance of their duties for the necessary time spent in the revision of the
registration books and pollbooks as required in subsection (1) of this section,
for not to exceed five (5) days.
(4) (a) The election commissioners * * * shall be entitled to receive a per
diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county
general fund, not to exceed ten (10) days for every day or period of no less
than five (5) hours accumulated over two (2) or more days actually employed in
the performance of their duties for the necessary time spent in the revision of
the registration books and pollbooks prior to any special election. For
purposes of this paragraph, the regular
special election day shall not be considered a special election. The annual
limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners * * * shall be entitled to receive a per
diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the
county general fund, for the performance of their duties on the day of any
general or special election. The annual limitations set forth in subsection
(2) of this section shall apply to this paragraph.
(5) The election
commissioners * * * shall be entitled to receive a per diem in the amount of
Eighty-four Dollars ($84.00), to be paid from the county general fund, not to
exceed fourteen (14) days for every day or period of no less than five (5)
hours accumulated over two (2) or more days actually employed in the
performance of their duties for the necessary time spent in the revision of the
registration books, pollbooks and in the conduct of a runoff election following
either a general or special election.
(6) The election
commissioners * * * shall be entitled to receive only one (1) per diem payment
for those days when the election commissioners * * * discharge more than one (1) duty
or responsibility on the same day.
(7) The county registrar
shall prepare the pollbooks and the county election commissioners * * * shall prepare the registration
books of each municipality located within the county pursuant to an agreement
between the county and each municipality in the county. The county election
commissioners * * * and the county registrar shall be paid by each municipality
for the actual cost of preparing registration books and pollbooks for the
municipality and shall pay each county election commissioner * * * a per diem in the amount provided
for in subsection (2) of this section for each day or period of not less than
five (5) hours accumulated over two (2) or more days the election
commissioners are actually employed in preparing the registration books for the
municipality, not to exceed five (5) days. The county election
commissioners * * * and county registrar shall provide copies of the
registration books and pollbooks to the municipal clerk of each municipality in
the county. The municipality shall pay the county registrar for preparing and
printing the pollbooks. A municipality may secure "read only" access
to the Statewide * * * Elections Management System and print its own
pollbooks using this information; however, county election commissioners * * * shall remain responsible for
preparing registration books for municipalities and shall be paid for this duty
in accordance with this subsection.
(8) County election
commissioners * * * who perform the duties of an executive committee with
regard to the conduct of a * * * preferential election under a
written agreement authorized by law to be entered into with an executive
committee shall receive per diem as provided for in subsection (2) of this
section. The days that county election commissioners * * * are employed in the conduct of a * * * preferential election shall be
treated the same as days county election commissioners * * * are employed in the conduct of
other elections.
(9) In addition to any per
diem authorized by this section, any election commissioner * * * shall be entitled to the mileage
reimbursement rate allowable to federal employees for the use of a privately
owned vehicle while on official travel on election day.
(10) Every election
commissioner * * * shall sign personally a certification setting forth the
number of hours actually worked in the performance of the election
commissioner's official duties and for which the election commissioner
seeks compensation. The certification must be on a form as prescribed in this
subsection. The election commissioner's signature is, as a matter of
law, made under the election commissioner's oath of office and under
penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X 84.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X 150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am
signing this document under my oath as * * * an election commissioner * * * and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chairman of the commission, any member of the board of supervisors or the clerk of the board of supervisors of such contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The election commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election
commissioner * * * who has not received a certificate issued by the Secretary
of State pursuant to Section 23-15-211 indicating that the election
commissioner * * * has received the required elections seminar instruction and
that the election commissioner * * * is fully qualified to conduct an
election, shall not receive any compensation authorized by this section,
Section 23-15-491 or Section 23-15-239.
SECTION 30. Section 23-15-173, Mississippi Code of 1972, is amended as follows:
23-15-173. * * * A general municipal election shall
be held in each city, town or village on the first Tuesday after the first
Monday of June 1985, and every four (4) years thereafter, for the election of
all municipal officers elected by the people.
* * *
SECTION 31. Section 23-15-197, Mississippi Code of 1972, is amended as follows:
23-15-197. (1) Times for
holding * * *
general elections for congressional offices shall be as prescribed in
Sections * * *
23-15-1033 and 23-15-1041.
(2) Times for holding elections for the office of judge of the Supreme Court shall be as prescribed in Section 23-15-991 and Sections 23-15-974 through 23-15-985.
(3) Times for holding elections for the office of circuit court judge and the office of chancery court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-1015.
(4) Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.
SECTION 32. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
23-15-213. At the general
election in 1984 and every four (4) years thereafter, there shall be
elected five (5) election commissioners * * * for each county whose terms of
office shall commence on the first Monday of January following their election
and who shall serve for a term of four (4) years. Each of the commissioners,
before acting, shall take and subscribe the oath of office prescribed by the
Constitution and file the oath in the office of the clerk of the chancery
court, there to remain. While engaged in their duties, the election
commissioners shall be conservators of the peace in the county, with all the
duties and powers of such.
The qualified electors of
each supervisors district shall elect, at the general election in 1984 and
every four (4) years thereafter, in their district one (1) election
commissioner * * *. No more than one (1) commissioner shall be a resident of
and reside in each supervisors district of the county; it being the purpose of
this section that the county board of election commissioners shall consist of
one (1) person from each supervisors district of the county and that each
commissioner be elected from the supervisors district in which he or she
resides.
Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
The petition shall have
attached thereto a certificate of the registrar showing the number of qualified
electors on each petition, which shall be furnished by the registrar on
request. The board shall determine the sufficiency of the petition, and if the
petition contains the required number of signatures and is filed within the
time required, the president of the board shall verify that the candidate is a
resident of the supervisors district in which he or she seeks election
and that the candidate is otherwise qualified as provided by law, and shall
certify that the candidate is qualified to the * * * chair or secretary of the
county election commission and the names of the candidates shall be placed upon
the ballot for the ensuing election. No county election commissioner shall
serve or be considered as elected * * * until he or she has received
a majority of the votes cast for the position or post for which he or she
is a candidate. If a majority vote is not received in the * * * preferential election, then the * * * procedures described in Sections 5 and
6 of this act shall be followed to determine the candidates whose names will be
placed on the general election ballot, which is in accordance with
appropriate procedures followed in other elections * * * when no
candidate receives a majority of the votes.
Upon taking office, the
county board of election commissioners shall organize by electing a * * * chair and a secretary.
It shall be the duty of the * * * chair to have the official
ballot printed and distributed at each general or special election.
SECTION 33. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
23-15-239. (1) (a) The
executive committee of each county, in the case of a * * * preferential election, or the election
commissioners * * * of each county, in the case of all other elections, in
conjunction with the circuit clerk, shall sponsor and conduct, not less than
five (5) days * * *
before each election, training sessions to instruct managers as to their
duties in the proper administration of the election and the operation of the
polling place. No manager shall serve in any election unless he or she
has received such instructions once during the twelve (12) months immediately
preceding the date upon which * * * the election is held; however,
nothing in this section shall prevent the appointment of an alternate manager
to fill a vacancy in case of an emergency. The county executive committee or
the election commissioners * * *, as appropriate, shall train a
sufficient number of alternates to serve in the event a manager is unable to
serve for any reason.
(b) The executive
committee of each county, in the case of a * * * preferential election, or the election
commissioners * * * of each county, in the case of all other elections, in
conjunction with the circuit clerk, shall sponsor and conduct annually an eight-hour
training course for managers that meets criteria that the Secretary of State
shall prescribe. Managers shall be required to attend this course every four
(4) years from August 7, 2008. The Secretary of State shall develop a version
of the course that may be taken by managers over the Internet. Training
courses, including, but not limited to, online training courses, that meet
criteria prescribed by the Secretary of State and are not sponsored or
conducted by the executive committee or the election commissioners * * *, may be utilized to meet the
requirements of this paragraph if the training course is approved by the
Secretary of State.
(2) (a) If it is eligible
under Section 23-15-266, the county executive committee may enter into a
written agreement with the circuit clerk or the county election commission
authorizing the circuit clerk or the county election commission to perform any
of the duties required of the county executive committee pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the * * *
chair of the county executive committee and the circuit clerk or the * * * chair of the county election
commission, as appropriate. The county executive committee shall notify the
state executive committee and the Secretary of State of the existence of such
agreement.
(b) If it is eligible
under Section 23-15-266, the municipal executive committee may enter into a
written agreement with the municipal clerk or the municipal election commission
authorizing the municipal clerk or the municipal election commission to perform
any of the duties required of the municipal executive committee pursuant to
this section. Any agreement entered into pursuant to this subsection shall be
signed by the * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair of the municipal election commission, as appropriate. The
municipal executive committee shall notify the state executive committee and
the Secretary of State of the existence of such agreement.
(3) The board of supervisors and the municipal governing authority, in their discretion, may compensate managers who attend such training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
(5) Subject to the
following annual limitations, the election commissioners * * * shall be entitled to receive a per
diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county
general fund, for every day or period of no less than five (5) hours
accumulated over two (2) or more days actually employed in the performance of
their duties for the necessary time spent in conducting training sessions as
required by this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than eight (8) days per year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than ten (10) days per year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than twelve (12) days per year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than fifteen (15) days per year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than eighteen (18) days per year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than nineteen (19) days per year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than twenty-two (22) days per year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than thirteen (13) days per year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than fourteen (14) days per year.
(6) Election commissioners * * * shall claim the per diem authorized
in subsection (5) of this section in the manner provided for in Section 23-15-153(6).
SECTION 34. Section 23-15-240, Mississippi Code of 1972, is amended as follows:
23-15-240. (1) The officials in charge of the election in a county or municipality may, in their discretion, appoint not more than two (2) students for each precinct to serve as student interns during elections. To be appointed a student intern a student must:
(a) Be recommended by a principal or other school official, or the person responsible for the student's legitimate home instruction program;
(b) Be at least sixteen (16) years of age at the time of the election for which the appointment is made;
(c) Be a resident of the county or municipality for which the appointment is made;
(d) Be enrolled in a public high school, an accredited private high school or a legitimate home instruction program and be classified as a junior or senior or its equivalent, or be enrolled in a junior college or a college or university; and
(e) Meet any additional qualifications considered necessary by the officials in charge of the election in the county or municipality.
(2) (a) The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; however, such duties shall not include:
(i) Determining the qualifications of a voter in case a voter is challenged;
(ii) The discharge of any duties related to affidavit ballots;
(iii) The operation and maintenance of any voting equipment;
(iv) Any duties normally assigned to a bailiff; or
(v) The tallying of votes.
(b) Student interns shall at all times be under the supervision of the managers and clerks of the election while performing their duties at precincts.
(3) Before performing any duties, student interns shall attend all required training for managers and clerks of the county or municipality and any additional training considered necessary by the officials in charge of the election in the county or municipality.
(4) As used in this section
"officials in charge of the election" means the county or municipal
executive committee, as appropriate, in * * * preferential elections and the
county or municipal election commission, as appropriate, in all other
elections.
SECTION 35. Section 23-15-266, Mississippi Code of 1972, is amended as follows:
23-15-266. A county or
municipal executive committee shall be eligible to enter into written
agreements with a circuit or municipal clerk or a county or municipal election
commission as provided for in Section 23-15-239(2) * * * only if the political party with which such county or
municipal executive committee is affiliated:
(a) Has cast for its candidate for Governor in the last two (2) gubernatorial elections ten percent (10%) of the total vote cast for Governor; or
(b) Has cast for its candidate for Governor in three (3) of the last five (5) gubernatorial elections twenty-five percent (25%) of the total vote cast for Governor.
SECTION 36. Section 23-15-271, Mississippi Code of 1972, is amended as follows:
23-15-271. (1) The state
executive committee of any political party authorized to conduct * * * preferential
elections shall form an election integrity assurance committee for each
congressional district. The state executive committee shall appoint three (3)
of its members to each congressional district election integrity assurance
committee. The members so appointed shall be residents of the congressional
district for which the election integrity assurance committee is formed. The
state executive committee shall name a * * * chair and a secretary from
among the members of each committee. The state executive committee shall
provide to each circuit and municipal clerk a list of the members of the
congressional district integrity assurance committee for the congressional
district in which the county or municipality of such clerk is located.
(2) If a county executive
committee or a municipal executive committee fails to perform in a timely manner
any of the duties specified in * * * Section 23-15-239, * * *
and there is no written agreement in place between the county or municipal
executive committee and the county or municipal election commission or the
circuit or municipal clerk pursuant to such * * * section, or there is such an
agreement in place and it is not being executed, the circuit or municipal clerk
may notify the * * *
chair and secretary of the congressional district election integrity
assurance committee or the * * * chair of the state executive
committee of such failure and call upon them to take immediate and appropriate
action to insure that such duties are performed in order to secure the orderly
conduct of the primary. Such notification may occur on the last day by which
the duties are required to be performed or at such time as the circuit or
municipal clerk believes such notification is necessary for the orderly
administration of the * * *
preferential election.
(3) Nothing in this section
shall be construed to authorize the state executive committee or a
congressional district election assurance committee to conduct * * * preferential elections.
SECTION 37. Section 23-15-313, Mississippi Code of 1972, is amended as follows:
23-15-313. (1) If there be
any political party, or parties, in any municipality which shall not have a
party executive committee for * * * the municipality, * * * the political party, or
parties, shall within thirty (30) days of the date for which a candidate for a
municipal office is required to qualify in that municipality select qualified
electors of that municipality and of that party's political faith to serve on a
temporary municipal executive committee until members of a municipal executive
committee are elected at the next regular election for executive committees.
The temporary municipal executive committee shall be selected in the following
manner: The * * *
chair of the county executive committee of the party desiring to select
a temporary municipal executive committee shall call, upon petition of five (5)
or more members of that political faith, a mass meeting of the qualified
electors of their political faith who reside in * * * the municipality to meet at some
convenient place within * * *such the municipality, at a time to be designated in
the call, and at such mass convention the members of that political faith shall
select a temporary municipal executive committee which shall serve until
members of a municipal executive committee are elected at the next regular
election for executive committees. The public shall be given notice of such
mass meeting as provided in Section 23-15-315. The * * * chair of the county executive
committee shall authorize the call within five (5) calendar days of receipt of
the petition. If the * * *
chair of the county executive committee is either incapacitated,
unavailable or nonresponsive and does not authorize the mass call within five
(5) calendar days of receipt of the petition, any elected officer of the county
executive committee may authorize the call within five (5) calendar days. If
no elected officer of the county executive committee acts to approve such petition
after an additional five (5) calendar days from the date, the chair of the
county executive committee not taking action as provided by this section, the
petitioners shall be authorized to produce the call themselves.
(2) If no municipal executive committee is selected or otherwise formed before an election, the county executive committee may serve as the temporary municipal executive committee and exercise all of the duties of the municipal executive committee for the municipal election. After a county executive committee has fulfilled its duties as the temporary municipal executive committee, as soon as practicable thereafter, the county executive committee shall select a municipal executive committee no later than before the next municipal election.
(3) A person who has been convicted of a felony in a court of this state or any other state or a court of the United States, shall be barred from serving as a member of a municipal executive committee.
SECTION 38. Section 23-15-367, Mississippi Code of 1972, is amended as follows:
23-15-367. (1) Except as
otherwise provided by * * * subsection (2) of this section, * * *
size, print and quality of paper of the official ballot is left to the
discretion of the officer charged with printing the official ballot * * *.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the officer charged with printing the official ballot.
(3) It is the duty of the
Secretary of State, with the approval of the Governor, to furnish the * * * election commission of
each county a sample of the official ballot, not less than * * *
fifty (50)
days * * *
before the election, the general form of which shall be followed as
nearly as practicable.
SECTION 39. Section 23-15-375, Mississippi Code of 1972, is amended as follows:
23-15-375. Local issue
elections may be held on the same date as any regular or general election. A
local issue election held on the same date as the regular or general election
shall be conducted in the same manner as the regular or general election using
the same poll workers and the same equipment. A local issue may be placed on
the regular or general election ballot pursuant to the provisions of Section * * * 10
of this act. The provisions of this section and Section * * * 10 of this act, with regard to
local issue elections shall not be construed to affect any statutory
requirements specifying the notice procedure and the necessary percentage of
qualified electors voting in such an election which is needed for adoption of
the local issue. Whether or not a local issue is adopted or defeated at a local
issue election held on the same day as a regular or general election shall be
determined in accordance with relevant statutory requirements regarding the
necessary percentage of qualified electors who voted in such local issue
election, and only those persons voting for or against such issue shall be
counted in making that determination. As used in this section "local
issue elections" include elections regarding the issuance of bonds, local
option elections, elections regarding the levy of additional ad valorem taxes
and other similar elections authorized by law that are called to consider
issues that affect a single local governmental entity. As used in this section
"local issue" means any issue that may be voted on in a local issue
election.
SECTION 40. Section 23-15-401, Mississippi Code of 1972, is amended as follows:
23-15-401. The list of
candidates used or to be used on the front of the voting machines for a voting
precinct in which a voting machine is used pursuant to law shall be deemed official
ballots under this chapter. The word "ballot" as used in this
chapter (except when reference is made to irregular ballots) means that portion
of the cardboard or paper or other material within the ballot frames containing
the name of the candidate and the designation of the party * * * with which the
candidate qualified, if any, which shall be placed in parentheses following the
name of the candidate, or a statement of a proposed constitutional
amendment, or other question or proposition, with the word "YES" for
voting for any question or proposition, and the word "NO" for voting
against any question. The term "question" shall mean any
constitutional amendment, proposition, or other question submitted to the
voters at any election. The term "official ballot" shall mean the
printed strips of cardboard containing the names of the candidates * * * and a statement of the questions
submitted. The term "irregular ballot" shall mean a vote cast, by or
on a special device, for a person whose name does not appear on the ballots.
The term "voting machine custodian" shall mean the person who shall
have charge of preparing and arranging the voting machine for elections. The
term "protective counter" shall mean a separate counter built into
the voting machine which cannot be reset, which records the total number of
movements of the operating lever. The term "officials in charge of the
election" shall mean the state election commissioners, the county election
commissioners, the county executive committee, the municipal election
commissioners, the municipal executive committee, or any other official or
officials empowered by law or who may in the future be empowered by law to hold
an election.
SECTION 41. Section 23-15-403, Mississippi Code of 1972, is amended as follows:
23-15-403. The board of
supervisors of any county in the State of Mississippi and the governing
authorities of any municipality in the State of Mississippi are hereby
authorized and empowered, in their discretion, to purchase or rent any voting
machine or machines which shall be so constructed as to fulfill the following
requirements: It shall secure to the voter secrecy in the act of voting; it
shall provide facilities for voting for all candidates of as many political
parties or organizations as may make nominations, and for or against as many
questions as submitted; it shall * * * permit the voter
to vote for * * * as many persons for an
office as he or she is lawfully entitled to vote for, but not more; it
shall prevent the voter from voting for the same person more than once for the
same office; it shall permit the voter to vote for or against any question he
may have the right to vote on, but no other; * * * it shall
be so equipped that the election officials can lock out all rows except those * * * in which the * * * voter is entitled to vote
by a single adjustment on the outside of the machine; it shall correctly
register or record and accurately count all votes cast for any and all persons
and for or against any and all questions; it shall be provided with a
"protective counter" or "protective device" whereby any
operation of the machine before or after the election will be detected; it
shall be provided with a counter which shall show at all times during an
election how many persons have voted; it shall be provided with a mechanical
model, illustrating the manner of voting on the machine, suitable for the
instruction of voters; it may also be provided with one (1) device for each
party, for voting for all the presidential electors of that party by one (1)
operation, and a ballot therefor containing only the words "Presidential
Electors For" preceded by the name of that party and followed by the names
of the candidates thereof for the offices of President and Vice President, and
a registering device therefor which shall register the vote cast for * * * the electors when thus voted
collectively; provided, however, that means shall be furnished whereby the
voter can cast a vote for individual electors when permitted to do so by law.
SECTION 42. Section 23-15-411, Mississippi Code of 1972, is amended as follows:
23-15-411. The officer who
furnishes the official ballots for any polling place where a voting machine is
to be used, shall also provide two (2) sample ballots or instruction ballots,
which sample or instruction ballots shall be arranged in the form of a diagram
showing such portion of the front of the voting machine as it will appear after
the official ballots are arranged thereon or therein for voting on election
day. * * *
The sample ballots shall be open to the inspection of all voters on
election day, in all * * *
preferential and general or regular elections where voting
machines are used.
SECTION 43. Section 23-15-423, Mississippi Code of 1972, is amended as follows:
23-15-423. (1) Voting precincts in which voting machines are to be used may be altered, divided or combined so as to provide that each voting precinct in which the machine is to be used shall contain, as nearly as may be, five hundred (500) voters, and that each voting precinct in which two (2) machines are to be used shall contain, as nearly as may be, one thousand (1,000) voters, and that each voting precinct in which three (3) machines are to be used shall contain, as nearly as may be, one thousand five hundred (1,500) voters; however, nothing in this subsection shall prevent any voting precinct from containing a greater number than above.
(2) For each * * * preferential or general
election, the officials in charge of the election shall utilize at least
seventy-five percent (75%) of all the voting machines available to the county
or municipality, as the case may be.
SECTION 44. Section 23-15-463, Mississippi Code of 1972, is amended as follows:
23-15-463. The board of
supervisors of any county in the State of Mississippi and the governing
authorities of any municipality in the State of Mississippi are * * * authorized and empowered, in
their discretion, to purchase or rent voting devices and automatic tabulating
equipment used in an electronic voting system which meets the requirements of
Section 23-15-465, and may use such system in all or a part of the precincts
within its boundaries, or in combination with paper ballots in any election * * *. It may enlarge, consolidate
or alter the boundaries of precincts where an electronic voting system is
used. The provisions of Sections 23-15-461 through 23-15-485 shall be
controlling with respect to elections where an electronic voting system is
used, and shall be liberally construed so as to carry out the purpose of this
chapter. The provisions of the election law relating to the conduct of
elections with paper ballots, insofar as they are applicable and not
inconsistent with the efficient conduct of elections with electronic voting systems,
shall apply. Absentee ballots shall be voted as now provided by law.
SECTION 45. Section 23-15-465, Mississippi Code of 1972, is amended as follows:
23-15-465. No electronic voting system, consisting of a marking or voting device in combination with automatic tabulating equipment, shall be acquired or used in accordance with Sections 23-15-461 through 23-15-485 unless it shall:
(a) Provide for voting in secrecy when used with voting booths;
(b) Permit each voter to vote at any election for all persons and offices for whom and for which he or she is lawfully entitled to vote; to vote for as many persons for an office as he or she is entitled to vote for; to vote for or against any question upon which he or she is entitled to vote; and the automatic tabulating equipment shall reject choices recorded on his or her ballot card or paper ballot if the number of choices exceeds the number which he or she is entitled to vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark or punch to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of his or her choice when permitted by law;
(d) Permit each voter * * * to vote for
the * * *
candidates of one or more parties and for independent * * * candidates;
* * *
( * * *e) Permit each voter to vote for
persons whose names are not on the printed ballot or ballot labels;
( * * *f) Prevent the voter from voting for
the same person more than once for the same office;
( * * *g) Be suitably designed for the purpose
used, of durable construction, and may be used safely, efficiently and
accurately in the conduct of elections and counting ballots;
( * * *h) Be provided with means for sealing
the voting or marking device against any further voting after the close of the
polls and the last voter has voted;
( * * *i) When properly operated, record
correctly and count accurately every vote cast;
( * * *j) Be provided with a mechanical model
for instructing voters, and be so constructed that a voter may readily learn
the method of operating it;
( * * *k) Be safely transportable, and
include a light to enable voters to read the ballot labels and instructions.
SECTION 46. Section 23-15-469, Mississippi Code of 1972, is amended as follows:
23-15-469. Ballots and
ballot labels shall, as far as practicable, be in the same order of arrangement
as provided for paper ballots, except that * * * the information may be printed in
vertical or horizontal rows, or in a number of separate pages which are placed
on the voting device. Ballot labels shall be printed in plain clear type in
black ink and upon clear white materials of such size and arrangement as to fit
the construction of the voting device. Arrows may be printed on the ballot
labels to indicate the place to punch the ballot card, which may be to the
right or left of the names of candidates and propositions. The titles of
offices may be arranged in vertical columns or on a series of separate pages,
and shall be printed above or at the side of the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected.
In case there are more candidates for an office than can be printed in one (1)
column or on one (1) ballot page, the ballot or ballot label shall be clearly
marked that the list of candidates is continued on the following column or
page, and, so far as possible, the same number of names shall be printed on
each column or page. The names of candidates for each office shall be printed
in vertical columns or on separate pages, grouped by the offices which they
seek. * * *
Two (2) sample ballots, which shall be facsimile copies of the official ballot or ballot labels, and instructions to voters, shall be provided for each precinct and shall be posted in each polling place on election day.
Sample ballots may be printed on a single page or on a number of pages stapled together. A separate write-in ballot, which may be in the form of a paper ballot, card or envelope in which the voter places his ballot card after voting, shall be provided if required to permit voters to write in the title of the office and the name of a person not on the printed ballot for whom he or she wishes to vote.
SECTION 47. Section 23-15-507, Mississippi Code of 1972, is amended as follows:
23-15-507. No optical mark reading system shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit each voter to vote at any election for all persons and no others for whom and for which they are lawfully entitled to vote; to vote for as many persons for an office as they are entitled to vote for; to vote for or against any questions upon which they are entitled to vote;
(b) The OMR tabulating equipment shall be capable of rejecting choices recorded on the ballot if the number of choices exceeds the number which the voter is entitled to vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;
(d) Permit each voter * * *
to
vote for the * * *
candidates of one or more parties and for independent * * * candidates;
* * *
( * * *e) Permit each voter to vote for
persons whose names are not on the printed ballot;
( * * *f) Be suitably designed for the
purpose used, of durable construction, and may be used safely, efficiently and
accurately in the conduct of elections and the counting of ballots;
( * * *g) Be provided with means for sealing
the ballots after the close of the polls and the last voter has voted;
( * * *h) When properly operated, record
correctly and count accurately all votes cast; and
( * * *i) Provide the voter with a set of
instructions that will be so displayed that a voter may readily learn the
method of voting.
SECTION 48. Section 23-15-511, Mississippi Code of 1972, is amended as follows:
23-15-511. The ballots
shall, as far as practicable, * * * be in the same order of arrangement as
provided for paper ballots that are to be counted manually, except that such
information may be printed in vertical or horizontal rows. Nothing in this
chapter shall be construed as prohibiting the information being presented to
the voters from being printed on both sides of a single ballot. In those years
when a special election shall occur on the same day as the general election,
the names of candidates in any special election and the general election shall
be placed on the same ballot by the election commissioners * * * or officials in charge of the
election, but the general election candidates shall be clearly distinguished
from the special election candidates. At any time a special election is held
on the same day as a * * * preferential election, the names of the candidates in
the special election may be placed on the same ballot, but shall be clearly
distinguished as special election candidates or * * * preferential election
candidates.
Ballots shall be printed in
plain clear type in black ink and upon clear white materials of such size and
arrangement as to be compatible with the OMR tabulating equipment. Absentee
ballots shall be prepared and printed in the same form and shall be on the same
size and texture as the regular official ballots, except that they shall be
printed on tinted paper; or the ink used to print the ballots shall be of a
color different from that of the ink used to print the regular official
ballots. Arrows may be printed on the ballot to indicate the place to mark the
ballot, which may be to the right or left of the names of candidates and
propositions. The titles of offices may be arranged in vertical columns on the
ballot and shall be printed above or at the side of the names of candidates so
as to indicate clearly the candidates for each office and the number to be
elected. In case there are more candidates for an office * * * than can be printed in one (1)
column, the ballot shall be clearly marked that the list of candidates is
continued on the following column. The names of candidates for each office
shall be printed in vertical columns, grouped by the offices which they seek. * * *
The party
designation, if any, of each candidate * * * shall be printed
following his name as provided for in Section 10 of this act.
Two (2) sample ballots, which shall be facsimile ballots of the official ballot and instructions to the voters, shall be provided for each precinct and shall be posted in each polling place on election day.
A separate ballot security envelope or suitable equivalent in which the voter can place his or her ballot after voting, shall be provided to conceal the choices the voter has made. Absentee voters will receive a similar ballot security envelope provided by the county in which the absentee voter will insert their voted ballot, which then can be inserted into a return envelope to be mailed back to the election official. Absentee ballots will not be required to be folded when a ballot security envelope is provided.
SECTION 49. Section 23-15-513, Mississippi Code of 1972, is amended as follows:
23-15-513. (1) The official ballots, sample ballots and other necessary forms and supplies of the forms and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same official, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots that are to be counted manually.
(2) For each * * * preferential or general election,
the number of official ballots that shall be printed shall be a number that is
equal to not less than seventy-five percent (75%) of the registered voters
eligible to vote in the election.
SECTION 50. Section 23-15-523, Mississippi Code of 1972, is amended as follows:
23-15-523. (1) All
proceedings at the counting center shall be under the direction of the election
commissioners * * * or officials in charge of the election, and shall be
conducted under the observations of the public, but no persons except those
authorized for the purpose shall touch any ballot. All persons who are engaged
in processing and counting of the ballots shall be deputized in writing and
take oath that they will faithfully perform their assigned duties.
(2) The election
commissioners * * * or the officials in charge of the election shall appoint
qualified electors who have received the training required by subsection (11)
of this section to serve as judges on the "resolution board." An odd
number of not less than three (3) members shall be appointed to the resolution
board. The members of the board shall take the oath provided in Section 268,
Mississippi Constitution of 1890. All ballots that have been rejected by the
OMR tabulating equipment and that are damaged or defective, blank or overvoted
will be reviewed by * * *
the board. Election commissioners * * *, candidates who are on the ballot
at the election and the parents, siblings or children of such a candidate shall
not be appointed to the resolution board. * * * In
general elections, members of the party executive committees shall not be
appointed to the resolution board unless members of all of the party executive
committees * * * are appointed to the resolution board.
(3) (a) If any ballot is damaged or defective so that it cannot be properly counted by the OMR tabulating equipment, the ballot will be deposited in an envelope provided for that purpose marked "RESOLUTION BOARD." All such ballots shall be carefully handled so as to avoid altering, removing or adding any mark on the ballot.
(b) The election
commissioners * * * or the officials in charge of the election shall have the
judges on the resolution board manually count any damaged or defective ballots,
who shall determine the intent of the voter and record the vote consistent with
this determination.
(c) As an alternative to the procedure provided for in paragraph (b) of this subsection, the resolution board may be instructed by the officials in charge of the election to prepare a duplicate to the damaged or defective ballot in the following manner:
(i) The resolution board shall prepare a duplicate to the original damaged or defective ballot marked identically to the original.
(ii) The resolution board shall mark the first original they examine as "Original #1" and the duplicate of this original as "Duplicate #1." Subsequent originals and duplicates shall be likewise marked and numbered consecutively so the duplicate of each original can be identified. Duplicate ballots shall be stamped in a different manner from the original ballots so that they may be easily distinguished from the originals.
(iii) The duplicate ballots prepared pursuant to this paragraph shall be counted by the OMR tabulating equipment.
(4) Ballots that have been rejected by the OMR tabulating equipment for appearing to be "blank" shall be examined to verify if they are blank or were marked with a "nondetectable" marking device. If it is determined that the ballot was marked with a nondetectable device, the resolution board may mark over the voter's mark with a detectable marking device.
(5) All ballots that are rejected by the OMR tabulating equipment and which contain overvotes shall be inspected by the resolution board. Regarding those ballots upon which an overvote appears and voter intent cannot be determined by inspection of the resolution board, the officials in charge of the election may use the OMR tabulating equipment in determining the vote in the races which are unaffected by the overvote. All other ballots which are overvoted shall be counted manually following the provisions of this section at the direction of the officials in charge of the election. If for any reason it becomes impracticable to count all or a part of the ballots with the OMR tabulating equipment, the officials in charge may direct that they be counted manually, and voter intent shall be determined by following the provisions of this section. The return printed by the OMR tabulating equipment to which have been added the manually tallied ballots, which shall be duly certified by the officials in charge of the election, shall constitute the official return of each voting precinct. Unofficial and incomplete returns may be released during the count. Upon the completion of the counting, the official returns shall be open to the public.
(6) When the resolution board reviews any OMR ballot in which the voter has failed to fill in the arrow, oval, circle or square for a candidate or a ballot measure in accordance with the ballot instruction, the resolution board shall, if the intent of the voter can be ascertained, count the vote if:
(a) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect within or on the line of the arrow, oval, circle or square by the ballot measure or the name of the candidate.
(b) The voter blackens the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate in pencil or ink and the blackened portion extends beyond the boundaries of the arrow, oval, circle or square.
(c) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect adjacent to the ballot measure or the name of the candidate.
(d) The voter underlines the ballot measure or the name of a candidate.
(e) The voter draws a line from the arrow, oval, circle or square to a ballot measure or the name of a candidate.
(f) The voter draws a circle or oval around the ballot measure or the name of the candidate.
(g) The voter draws a circle or oval around the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate.
(7) The resolution board, when inspecting an OMR ballot which contains or appears to contain one or more overvotes, appears to be damaged or defective, or is rejected by the OMR tabulating equipment for any reason or cannot be counted by the OMR tabulating equipment, shall make its determination in accordance with the following:
(a) When an elector casts more votes for any office or measure than he or she is entitled to cast at an election, all the elector's votes for that office or measure are invalid and the elector is deemed to have voted for none of them except as provided in paragraph (b) of this subsection. If an elector casts less votes for any office or measure than he or she is entitled to cast at an election, all votes cast by the elector shall be counted but no vote shall be counted more than once.
(b) If an elector casts more than one (1) vote for the same candidate for the same office, the first vote is valid and the remaining votes are invalid.
(c) No write-in vote for a candidate whose name is printed on the ballot shall be regarded as defective due to misspelling a candidate's name, or by abbreviation, addition or omission or use of a wrong initial in the name, as long as the intent of the voter can be ascertained.
(d) In any case where a voter writes in the name of a candidate for President of the United States whose name is printed on the general election ballot, the failure by the voter to write in the name of a candidate for the Office of Vice President of the United States on the general election ballot does not invalidate the elector's vote for the slate of electors for any candidate whose name is written in for the Office of President of the United States.
(e) For any ballot measure in which the words "for" or "against" are printed on a ballot, if the voter shall write the word "for" or the word "against" instead of or in addition to marking the ballot in accordance with the ballot instruction in the space adjacent to the preprinted words "for" or "against," the resolution board shall, in reviewing such ballot, count the vote in accordance with the voter's handwritten preference, unless the voter marks the ballot in the space adjacent to the preprinted words "for" or "against" contrary to the handwritten preference, in which case no vote shall be recorded for such ballot in regard to the ballot measure.
(f) For any ballot measure in which the words "yes" or "no" are printed on a ballot, if the voter shall write the word "yes" or the word "no" instead of or in addition to marking the ballot in accordance with the ballot instructions in the space adjacent to the preprinted words "yes" or "no," the resolution board shall, in reviewing such ballot, count the vote in accordance with the voter's handwritten preference, unless the voter marks the ballot in the space adjacent to the preprinted words "yes" or "no" contrary to the handwritten preference, in which case no vote shall be recorded for such ballot in regard to the ballot measure.
(8) OMR tabulating equipment shall be programmed, calibrated, adjusted and set up to reject ballot cards that appear to be damaged or defective. Any switch, lever or feature on OMR tabulating equipment that enables or permits the OMR tabulating equipment to override the rejection of damaged or defective ballot cards so that such cards will not be reviewed by the resolution board, shall not be utilized.
(9) Ballots shall be manually counted by the resolution board only when the ballots are:
(a) Properly before the resolution board due to being rejected by the OMR tabulating equipment because the ballots appear to be damaged or defective or are rejected by the OMR equipment for any other reason; or
(b) Properly before the resolution board due to a malfunction in the OMR tabulating equipment.
(10) The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
(11) Qualified electors who are appointed to serve as members of the resolution board shall be required to have the training required for election managers pursuant to Section 23-15-239.
SECTION 51. Section 23-15-531.4, Mississippi Code of 1972, is amended as follows:
23-15-531.4. (1) The officials in charge of the election of each county or municipality shall:
(a) Cause the proper number of DRE units to be delivered;
(b) Cause the proper ballot design and style to be programmed for each DRE unit which is to be used in any precinct within the county or municipality;
(c) Cause each DRE unit to be placed in proper order for voting;
(d) Examine each unit before it is sent to a polling place;
(e) Verify that each registering mechanism is set at zero; and
(f) Properly secure each unit so that the counting machinery cannot be operated until later authorized.
(2) The circuit clerk shall be the custodian of the DRE units acquired by the county.
(3) The officials in charge
of the election shall be responsible for the preparation of the units to be
used in the county or municipality at the * * * preferential elections and
other elections in the county or municipality.
(4) (a) On or before the third day preceding any election, except runoff elections, the officials in charge of the election shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the Secretary of State may prescribe by rule or regulation.
(b) On or before the third day preceding any runoff election, the officials in charge of the election shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number of DRE units in the county is thirty (30) units or less, all of the units shall be tested. If the total number of DRE units in the county is more than thirty (30) but not more than one hundred (100), then at least one-half (1/2) of the units shall be tested at random. If there are more than one hundred (100) DRE units in the county, the officials in charge of the election shall test at least fifteen percent (15%) of the units at random. In no event shall the officials in charge of the election test less than one (1) DRE unit per precinct. All memory cards to be used in the runoff shall be tested. Public notice of the time and place of the test shall be made at least five (5) days prior thereto. Representatives of candidates, political parties, news media and the public shall be permitted to observe such tests.
(5) In every * * * preferential or general
election, the officials in charge of the election shall furnish, at the expense
of the county or municipality, all ballots, forms of certificates and other
papers and supplies required under this subarticle which are not furnished by
the Secretary of State, all of which shall be in the form and according to any
specifications prescribed from time to time by the Secretary of State.
SECTION 52. Section 23-15-531.6, Mississippi Code of 1972, is amended as follows:
23-15-531.6. (1) For each * * * preferential or general election,
the officials in charge of the election shall utilize at least seventy-five
percent (75%) of all the DRE units that are available to the county or
municipality, as the case may be.
(2) The officials in charge of the election shall ensure the delivery of the proper DRE units to the polling places of the respective precincts at least one (1) hour before the time for opening the polls at each election and shall cause each unit to be set up in the proper manner for use in voting.
(3) The officials in charge
of the election shall require that each DRE unit be thoroughly tested,
inspected and sealed * * * before the delivery of each DRE unit to the polling place.
* * * Before
opening the polls each day on which the units will be used in an election, the
manager shall break the seal on each unit, turn on each unit, certify that each
unit is operating properly and is set to zero, and print a zero tape certifying
that each unit is set to zero and shall keep or record such certification on each
unit.
(4) The officials in charge of the election and poll managers shall provide ample protection against molestation of and injury to the DRE units, and, for that purpose, the officials in charge of the election and poll managers may call upon any law enforcement officer to furnish any assistance that may be necessary. It shall be the duty of any law enforcement officer to furnish assistance when so requested by the officials in charge of the election or poll manager.
(5) The officials in charge
of the election, in conjunction with the governing authorities, shall, at least
one (1) hour * * *
before the opening of the polls:
(a) Provide sufficient lighting to enable electors to read the ballot and which shall be suitable for the use of the poll managers in examining the booth and conducting their responsibilities;
(b) Provide directions
for voting on the DRE units which shall be prominently posted within each
voting booth and at least two (2) sample ballots for the * * * preferential or general election
which shall be prominently posted outside the enclosed space within the polling
place;
(c) Ensure that each
DRE unit's tabulating mechanism is secure throughout the day during the * * * preferential or general
election; and
(d) Provide such other materials and supplies as may be necessary or required by law.
SECTION 53. Section 23-15-531.7, Mississippi Code of 1972, is amended as follows:
23-15-531.7. The officials
in charge of the election shall place on public exhibition and demonstrate the
use of the DRE units throughout the county or municipality during the month
preceding each * * *
preferential and general election. At least during the initial year in
which DRE equipment is used in a county or municipality, all officials in
charge of the election shall offer a series of demonstrations and organized
voter education initiatives to educate electors in the use of such equipment in
voting.
SECTION 54. Section 23-15-541, Mississippi Code of 1972, is amended as follows:
23-15-541. (1) At all
elections, the polls shall be opened at seven o'clock in the morning and be
kept open until seven o'clock in the evening and no longer. Upon the opening
of the polls, and not before, the managers of the election shall designate two
(2) of their number, other than the manager theretofore designated to receive
the blank ballots, who shall thereupon be known respectively as the initialing
manager and the alternate initialing manager. The alternate initialing
manager, in the absence of the initialing manager, shall perform all of the
duties and undertake all of the responsibilities of the initialing manager.
When any person entitled to vote shall appear to vote, the managers shall
identify the voter by requiring the voter to submit identification as required
by Section 23-15-563, and then the voter shall sign his or her name in a
receipt book or booklet provided for that purpose and to be used at that
election only and * * *
the receipt book or booklet shall be used in lieu of the list of voters
who have voted formerly made by the managers or clerks; whereupon and not
before, the initialing manager or, in his or her absence, the alternate
initialing manager shall endorse his or her initials on the back of an
official blank ballot, prepared in accordance with law, and at such place on
the back of the ballot that the initials may be seen after the ballot has been
marked and folded, and when so endorsed he or she shall deliver it to
the voter, which ballot the voter shall mark in the manner provided by law,
which when done the voter shall deliver the ballot to the initialing manager
or, in his or her absence, to the alternate initialing manager, in the
presence of the others, and the manager shall see that the ballot so delivered
bears on the back thereof the genuine initials of the initialing manager, or
alternate initialing manager, and if so, but not otherwise, the ballot shall be
put into the ballot box; and when so done one (1) of the managers or a duly
appointed clerk shall make the proper entry on the pollbook. If the voter is
unable to write his or her name on the receipt book, a manager or clerk
shall note on the back of the ballot that it was receipted for by * * * the manager or clerk's assistance.
(2) (a) A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.
Where the managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) or more managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle, and after determining whether the disabled person is a qualified elector as provided by law, shall allow the disabled elector to cast his or her ballot in secret. After the disabled elector casts his or her ballot, the managers shall mark the pollbook "voted" by the elector's name in the pollbook.
(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing manager or alternate initialing manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "voted" by the elector's name. The initialing manager or alternate initialing manager shall without delay place the ballot in the ballot box.
(c) If, while a voter
is voting by curbside, there are less than three (3) managers immediately
present within the polling place conducting a * * * general or preferential election * * *, all voting at
the polls shall stop until the managers conducting the curbside voting
procedure return so that there are at least three (3) poll managers immediately
present within the polling place to conduct the general or preferential election * * * at all times, and until a
minimum of three (3) managers are present, the remaining poll manager or
managers shall ensure the security of the ballot box, the voting devices, and
any ballots and election materials.
SECTION 55. Section 23-15-557, Mississippi Code of 1972, is amended as follows:
23-15-557. The governing
authorities of any municipality within the State of Mississippi are hereby
authorized and empowered, in their discretion, to divide the municipality into
a sufficient number of voting precincts of such size and location as is
necessary, and there shall be the same number of polling places. The authority
conducting an election shall not be required, however, to establish a polling
place in each of * * *
the precincts, but * * *such the election authorities, whether in a * * * preferential or * * * general election, may locate and establish
such polling places, without regard to precinct lines, in such manner as in the
discretion of such authority will better accommodate the electorate and better
facilitate the holding of the election.
SECTION 56. Section 23-15-559, Mississippi Code of 1972, is amended as follows:
23-15-559. The provisions
of * * * Section 23-15-173 fixing the time for * * * holding * * * general elections shall not
apply to any municipality operating under a special or private charter where
the governing board or authority thereof, on or before June 25, 1952, shall
have adopted and spread upon its minutes a resolution or ordinance declining to
accept such provisions, in which event the * * * general elections shall be
held at the time fixed by the charter of such municipality.
The provisions of Section 23-15-859 shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflicts between the provisions of such section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.
SECTION 57. Section 23-15-561, Mississippi Code of 1972, is amended as follows:
23-15-561. (1) It shall be
unlawful during any * * * election for any candidate for any elective
office or any representative of * * * the candidate or any other person
to publicly or privately put up or in any way offer any prize, cash award or
other item of value to be raffled, drawn for, played for or contested for in
order to encourage persons to vote or to refrain from voting in any election.
(2) Any person who shall violate the provisions of subsection (1) of this section shall, upon conviction thereof, be punished by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00).
(3) Any candidate who shall violate the provisions of subsection (1) of this section shall, upon conviction thereof, in addition to the fine prescribed above, be punished by:
(a) Disqualification as a candidate in the race for the elective office; or
(b) Removal from the elective office, if the offender has been elected thereto.
SECTION 58. Section 23-15-573, Mississippi Code of 1972, is amended as follows:
23-15-573. (1) If any person declares that he or she is a registered voter in the jurisdiction in which he or she offers to vote and that he or she is eligible to vote in the election, but his or her name does not appear upon the pollbooks, or that he or she is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote, or that he or she has been illegally denied registration:
(a) A poll manager shall notify the person that he or she may cast an affidavit ballot at the election.
(b) The person shall be permitted to cast an affidavit ballot at the polling place upon execution of a written affidavit before one (1) of the managers of election stating that the individual:
(i) Believes he or she is a registered voter in the jurisdiction in which he or she desires to vote and is eligible to vote in the election; or
(ii) Is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote; or
(iii) Believes that he or she has been illegally denied registration.
(c) The manager shall allow the individual to prepare his or her vote which shall be delivered by him or her to the proper election official who shall enclose it in an envelope with the written affidavit of the voter, seal the envelope and mark plainly upon it the name of the person offering to vote.
(2) The affidavit shall include:
(a) The complete name, all required addresses and telephone numbers;
(b) A statement that the affiant believes he or she is registered to vote in the jurisdiction in which he or she offers to vote;
(c) The signature of the affiant; and
(d) The signature of a poll manager at the precinct at which the affiant offers to vote.
(3) (a) A separate register shall be maintained for affidavit ballots and the affiant shall sign the register upon completing the affidavit ballot.
(b) In canvassing the
returns of the election, * * * the executive committee in primary elections, orthe election
commissioners * * * shall examine the records and allow the ballot to
be counted, or not counted as it appears legal.
(4) When a person is
offered the opportunity to vote by affidavit ballot, he or she shall be
provided with written information that informs the person how to ascertain
whether * * *
the affidavit ballot was counted and, if the vote was not counted, the
reasons the vote was not counted.
(5) The Secretary of State
shall, by rule duly adopted, establish a uniform affidavit and affidavit ballot
envelope which shall be used in all elections in this state. The Secretary of
State shall print and distribute a sufficient number of affidavits and affidavit
ballot envelopes to the registrar of each county for use in elections. The
registrar shall distribute the affidavits and affidavit ballot envelopes to * * * municipal and county election commissioners
for use in * * *
elections.
(6) County registrars and municipal registrars shall implement a secure free access system that complies with the Help America Vote Act of 2002, by which persons who vote by affidavit ballot may determine if their ballots were counted, and if not, the reasons the ballot was not counted.
(7) Any person who votes in any election as a result of a federal or state court order or other order extending the time established by law for closing the polls, may only vote by affidavit ballot. Any affidavit ballot cast under this subsection shall be separated and kept apart from other affidavit ballots cast by voters not affected by the order.
SECTION 59. Section 23-15-593, Mississippi Code of 1972, is amended as follows:
23-15-593. When the ballot
box is opened and examined by the * * * county election commissioners * * * and it
is found that there have been failures in material particulars to comply with
the requirements of Section 23-15-591 and Section 23-15-895 to such an extent
that it is impossible to arrive at the will of the voters at such precinct, the
entire box may be thrown out unless it be made to appear with reasonable
certainty that the irregularities were not deliberately permitted or engaged in
by the managers at that box, or by one (1) of them responsible for the wrong or
wrongs, for the purpose of electing or defeating a certain candidate or
candidates by manipulating the election or the returns thereof at that box in
such manner as to have it thrown out; in which latter case * * * the county
election commission * * * shall conduct * * * a hearing and make * * * a determination in respect
to * * * the
box as may appear lawfully just, subject to a judicial review of * * * the matter as elsewhere
provided by this chapter. * * * The election
commission * * *
or the court upon review, may order another election to be held at that box
appointing new managers to hold the same.
SECTION 60. Section 23-15-595, Mississippi Code of 1972, is amended as follows:
23-15-595. The box
containing the ballots and other records required by this chapter shall, as
soon as practical after the ballots have been counted, be delivered by one (1)
of the precinct managers to the clerk of the circuit court of the county and * * * the clerk shall, in the presence of
the manager making delivery of the box, place upon the lock of such box a metal
seal similar to the seal commonly used in sealing the doors of railroad freight
cars. Such seals shall be numbered consecutively to the number of ballot boxes
used in the election in the county, and the clerk shall keep in a place
separate from such boxes a record of the number of the seal of each separate
box in the county. The board of supervisors of the county shall pay the cost
of providing such seals. Upon demand of * * * a county election
commissioner, the boxes and their contents shall be delivered to the county
election commission, and after the commission has finished the work of
tabulating returns and counting ballots as required by law, the commission
shall return all papers and ballots to the box of the precinct where * * * the election was held, and it shall
make redelivery of * * *
the boxes and their contents to the circuit clerk who shall reseal * * * the boxes. Upon every occasion * * * the boxes shall be reopened
and each resealing shall be done as provided in this chapter.
SECTION 61. Section 23-15-601, Mississippi Code of 1972, is amended as follows:
23-15-601. (1) When the
result of the election shall have been ascertained by the managers they, or one
(1) of their number, or some fit person designated by them, shall, by noon of
the * * *
day after the election, deliver to the election commissioners * * *, at the courthouse, a statement of
the whole number of votes given for each person and for what office; and the election
commissioners * * * shall, on the first or second day after the preferential
election and after the general election, canvass the returns, ascertain and
declare the result, and * * *, announce the names of the
candidates who have received a majority of the votes cast for
Representative in the Legislature of districts composed of one (1) county or
less, or other county office, board of supervisors, justice court judge and
constable, and shall also
announce the names of those candidates for the above mentioned offices that are
to be submitted to the general election.
* * *
The vote for state and state district offices shall be tabulated by precincts and certified to and returned to the state election commissioners, such returns to be mailed by registered letter or any safe mode of transportation within thirty-six (36) hours after the returns are canvassed and the results ascertained. The state election commissioners shall meet a week from the day following the preferential election held for state and district offices, and shall proceed to canvass the returns and to declare the results and announce the names of the candidates for the different offices who have received a majority of the votes cast and the names of those candidates whose names are to be submitted to the general election. The state election commissioners shall also meet a week from the day on which the general election is held and receive and canvass the returns for state and district offices voted on in the general election. An exact and full duplicate of all tabulations by precincts, as certified under this section, shall be filed with the circuit clerk of the county who shall safely preserve the same in his or her office.
(2) The election
commissioners * * * shall transmit to the Secretary of State, on such forms and
by such methods as may be required by rules and regulations promulgated by the
Secretary of State, a statement of the total number of votes cast in the county
for each candidate for each office and the total number of votes cast for such
candidates in each precinct in the district in which the candidate ran.
SECTION 62. Section 23-15-605, Mississippi Code of 1972, is amended as follows:
23-15-605. The Secretary of
State, immediately after receiving the returns of * * * a general election, not longer
than thirty (30) days after the election, shall sum up the whole number of
votes given for each candidate other than candidates for state offices,
legislative offices composed of one (1) county or less, county offices and
county district offices, according to the statements of the votes certified to
him or her and ascertain the person or persons having the largest number
of votes for each office, and declare such person or persons to be duly
elected; and thereupon all persons chosen to any office at the election shall
be commissioned by the Governor; but if it appears that two (2) or more
candidates for any district office where the district is composed of two (2) or
more counties, standing highest on the list, and not elected, have an equal
number of votes, the election shall be forthwith decided between the candidates
having an equal number of votes by lot, fairly and publicly drawn, under the
direction of the Governor and Secretary of State.
SECTION 63. Section 23-15-673, Mississippi Code of 1972, is amended as follows:
23-15-673. (1) For the purposes of this subarticle, the term "absent voter" shall mean and include the following persons if they are absent from their county of residence and are otherwise qualified to vote in Mississippi:
(a) Any enlisted or commissioned members, male or female, of the United States Army, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Navy, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Air Force, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Marines, or any of its respective components or various divisions thereof; or any persons in any division of the armed services of the United States, who are citizens of Mississippi;
(b) Any member of the Merchant Marine and the American Red Cross who is a citizen of Mississippi;
(c) Any disabled war veteran who is a patient in any hospital and who is a citizen of Mississippi;
(d) Any civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and who is a citizen of Mississippi;
(e) Any trained or certified emergency response provider who is deployed during the time period authorized by law for absentee voting, on election day, or during any state of emergency declared by the President of the United States or any Governor of any state within the United States;
(f) Any citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia;
(g) Any citizen of Mississippi enrolled as a student at the United States Naval Academy, the United States Coast Guard Academy, the United States Merchant Marine Academy, the United States Air Force Academy or the United States Military Academy.
(2) The spouse and dependents of any absent voter as set out in paragraphs (a) through (g) of subsection (1) of this section shall also be included in the meaning of absent voter and may register to vote and vote an absentee ballot as provided in this subarticle if also absent from the county of their residence on the date of the election and otherwise qualified to vote in Mississippi.
(3) For the purpose of this
subarticle, the term "election" shall mean and include the following
sets of elections: special and runoff special elections, preferential and
general elections * * * or general elections without
preferential elections, whichever system is applicable.
SECTION 64. Section 23-15-687, Mississippi Code of 1972, is amended as follows:
23-15-687. (1) The
registrar shall keep all applications for absentee ballots and shall, within
twenty-four (24) hours, if possible, send to the absent voter on whose behalf
the application is made, the proper affidavit and the proper ballot or ballots
applicable to the elections. * * * The information shall be processed
through the Statewide Election Management System.
(2) One (1) application for an absentee ballot shall serve as a request by the applicant for an absentee ballot for:
(a) The next federal
general election, including all * * * preferential elections
associated with the election;
(b) All state and
county * * *
preferential and general elections that occur after the receipt of the
application by the registrar through the date of the next federal general
election that occurs after the receipt of the application by the registrar.
(3) The registrar shall preserve all applications for absentee ballots for one (1) year as a record to be furnished to any court or other duly constituted authority for inspection or evidence if properly requested.
(4) If the registrar rejects an application for an absentee ballot or denies a request to register to vote from a uniformed services applicant or an overseas voter, the registrar shall provide the person with the reasons for the rejection.
(5) Any runoff election for a federal election shall be considered a continuation of such federal election.
(6) An absent voter as defined in Section 23-15-673(1) may sign an absentee ballot application by electronic signature. The Secretary of State shall adopt rules necessary to implement this subsection.
SECTION 65. Section 23-15-692, Mississippi Code of 1972, is amended as follows:
23-15-692. (1) An absent
voter who resides outside the United States, who is a member of the United
States Armed Forces or who is a family member of a member of the Armed Forces,
and who is a registered voter of the State of Mississippi, may use the Federal
Write-In-Absentee Ballot as provided for by 42 USCS 1973ff-2 in preferential,
general, special * * * and runoff elections for local, state and federal offices.
(2) Upon receipt of a Federal Write-In-Absentee Ballot executed by a person who is a registered voter or whose information on the form is sufficient to register or update the registration of that person, the Federal Write-In-Absentee Ballot shall be considered as an absentee ballot request. Nothing in this subsection shall suspend the voter registration deadlines otherwise provided by law.
SECTION 66. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose
of this subarticle, any duly qualified elector may vote as provided in this
subarticle if * * * the elector falls within the following
categories:
(a) Any qualified
elector who is a bona fide student, teacher or administrator at any college,
university, junior college, high, junior high, or elementary grade school whose
studies or employment at such an institution necessitates his or her
absence from the county of his or her voting residence on the date of
any * * *
election, or the spouse and dependents of * * * the student, teacher or
administrator if such spouse or dependent(s) maintain a common domicile,
outside of the county of his voting residence, with * * * the student, teacher or
administrator.
(b) Any qualified
elector who is required to be away from his or her place of residence on
any election day due to his or her employment as an employee of a member
of the Mississippi congressional delegation and the spouse and dependents of * * * the person if he or she * * * resides with * * * the absentee voter away from the
county of the spouse's voting residence.
(c) Any qualified elector who is away from his or her county of residence on election day for any reason.
(d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others.
(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day during the times at which the polls will be open.
SECTION 67. Section 23-15-755, Mississippi Code of 1972, is amended as follows:
23-15-755. All of the
provisions of Sections 23-15-621 through 23-15-735 shall be applicable, insofar
as possible, to municipal, * * * preferential, general and
special elections, and wherever herein any duty is imposed or any power or
authority is conferred upon the county registrar * * * or county election commissioners, * * * with reference to
a state and county election, such duty shall likewise be imposed and such power
and authority shall likewise be conferred upon the municipal registrar * * * or municipal election commission * * *
with
reference to any municipal election. * * *
SECTION 68. Section 23-15-771, Mississippi Code of 1972, is amended as follows:
23-15-771. At the state
convention, a slate of electors composed of the number of electors allotted to
this state, which * * *
electors announce a clearly expressed design and purpose to support the
candidates for President and Vice President of the national political party
with which the * * *
party of this state has had an affiliation and identity of purpose heretofore,
shall be designated and selected for a place upon the * * * election ballot to be held as
herein provided.
SECTION 69. Section 23-15-801, Mississippi Code of 1972, is amended as follows:
23-15-801. (a) "Election" * * * means a preferential, general * * *, runoff or special * * * election.
(b) "Candidate" * * * means an individual who seeks * * * election * * * to any elective office other than a federal
elective office * * *.
For purposes of this article, an individual shall be deemed to seek * * * election:
(i) If * * * the individual has received
contributions aggregating in excess of Two Hundred Dollars ($200.00) or has
made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for
a candidate for the Legislature or any statewide or state district office, by
the qualifying deadlines specified in Sections * * * 8 and 9 of this act and 23-15-977,
whichever occurs first; or
(ii) If * * * the individual has given his or her
consent to another person to receive contributions or make expenditures on
behalf of * * *
the individual and if such person has received * * * contributions aggregating in excess of Two
Hundred Dollars ($200.00) during a calendar year, or has made * * * expenditures aggregating in excess of Two
Hundred Dollars ($200.00) during a calendar year.
(c) "Political
committee" * * *
means any committee, party, club, association, political action
committee, campaign committee or other groups of persons or affiliated
organizations which receives contributions aggregating in excess of Two Hundred
Dollars ($200.00) during a calendar year or which makes expenditures
aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year
for the purpose of influencing or attempting to influence the action of voters
for or against the * * * election * * * of one or more candidates, or
balloted measures and shall, in addition, include each political party
registered with the Secretary of State.
(d) "Affiliated
organization" * * *
means any organization which is not a political committee, but which
directly or indirectly establishes, administers or financially supports a
political committee.
(e) (i)
"Contribution" * * *shall includes any gift, subscription, loan, advance or
deposit of money or anything of value made by any person or political committee
for the purpose of influencing any election for elective office or balloted
measure;
(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;
(iii)
"Contribution to a political party" includes any gift, subscription,
loan, advance or deposit of money or anything of value made by any person,
political committee, or other organization to a political party and to any
committee, subcommittee, campaign committee, political committee and other
groups of persons and affiliated organizations of the political party * * *;
(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.
(f) (i)
"Expenditure" * * *shall includes any purchase, payment, distribution,
loan, advance, deposit, gift of money or anything of value, made by any person
or political committee for the purpose of influencing any balloted measure or
election for elective office; and a written contract, promise, or agreement to
make an expenditure;
(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;
(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.
(g) The term
"identification" * * *
means:
(i) In the case of any
individual, the name, the mailing address, and the occupation of * * * the individual, as well as the name
of his or her employer; and
(ii) In the case of
any other person, the full name and address of * * * the person.
(h) The term
"political party" * * * means an association, committee or
organization which nominates a candidate for election to any elective office
whose name appears on the election ballot as the candidate of such association,
committee or organization.
(i) The term
"person" * * *
means any individual, family, firm, corporation, partnership,
association or other legal entity.
(j) The term
"independent expenditure" * * * means an expenditure by a person
expressly advocating the election or defeat of a clearly identified candidate
which is made without cooperation or consultation with any candidate or any
authorized committee or agent of such candidate, and which is not made in
concert with or at the request or suggestion of any candidate or any authorized
committee or agent of such candidate.
(k) The term "clearly
identified" * * *
means that:
(i) The name of the candidate involved appears; or
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
SECTION 70. Section 23-15-807, Mississippi Code of 1972, is amended as follows:
23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report may terminate its obligation to report only upon submitting a final report that it will no longer receive any contributions or make any disbursement and that such candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign each such report.
(b) Candidates who are
seeking election * * * and political committees that make
expenditures for the purpose of influencing or attempting to influence the
action of voters for or against the * * * election * * * of one or more candidates or
balloted measures at * * *
an election, shall file the following reports:
(i) In any calendar
year during which there is a regularly scheduled election, a preelection
report, which shall be filed no later than the seventh day before any election
in which such candidate or political committee has accepted contributions or
made expenditures and which shall be complete as of the tenth day before * * * the election;
(ii) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year.
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file in the year in which they are to be elected, periodic reports which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31.
(d) Contents of reports. Each report under this article shall disclose:
(i) For the reporting
period and the calendar year, the total amount of all contributions and the
total amount of all expenditures of the candidate or reporting committee which
shall include those required to be identified pursuant to * * * paragraph (ii) of this * * * subsection as well as the
total of all other contributions and expenditures during the calendar year. * * * The reports shall be cumulative
during the calendar year to which they relate;
(ii) The identification of:
1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) when made to a political committee or to a candidate for an office other than statewide office or office elected by Supreme Court district, or in excess of Five Hundred Dollars ($500.00) when made to a candidate for statewide office or office elected by Supreme Court district, together with the date and amount of any such contribution;
2. Each person or
organization, candidate or political committee who receives an expenditure,
payment or other transfer from the reporting candidate, political committee or
its agent, employee, designee, contractor, consultant or other person or
persons acting in its behalf during the reporting period when the expenditure,
payment or other transfer to such person, organization, candidate or political
committee within the calendar year have an aggregate value or amount in excess
of Two Hundred Dollars ($200.00) when received from a political committee or
candidate for an office other than statewide office or office elected by
Supreme Court district, or in excess of Five Hundred Dollars ($500.00) when
received from a candidate for statewide office or office elected by Supreme
Court district, together with the date and amount of such expenditure * * *;
(iii) The total amount of cash on hand of each reporting candidate and reporting political committee;
(iv) In addition to
the contents of reports specified in * * * paragraphs (i), (ii) and (iii) of
this * * *
subsection, each political party shall disclose:
1. Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
2. Each person or organization who receives an expenditure by a political party or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure.
(e) The appropriate office
specified in Section 23-15-805 must be in actual receipt of the reports
specified in this article by 5:00 p.m. on the dates specified in * * * subsection (b) of this
section. If the date specified in * * * subsection (b) of this section
shall fall on a weekend or legal holiday then the report shall be due in the
appropriate office at 5:00 p.m. on the first working day before the date
specified in * * *
subsection (b) of this section. The reporting candidate or reporting
political committee shall ensure that the reports are delivered to the
appropriate office by the filing deadline. The Secretary of State may approve
specific means of electronic transmission of completed campaign finance
disclosure reports, which may include, but not be limited to, transmission by
electronic facsimile (FAX) devices.
(f) (i) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution. The notification shall include:
1. The name of the receiving candidate;
2. The name of the receiving candidate's political committee, if any;
3. The office sought by the candidate;
4. The identification of the contributor;
5. The date of receipt;
6. The amount of the contribution;
7. If the contribution is in-kind, a description of the in-kind contribution; and
8. The signature of the candidate or the treasurer or director of the candidate's political committee.
(ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
SECTION 71. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (a) Any
candidate or any other person who shall * * * willfully and deliberately and
substantially violate the provisions and prohibitions of this article shall be
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine
in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not
longer than six (6) months or by both fine and imprisonment.
(b) In addition to the
penalties provided in * * *
subsection (a) of this section, any candidate or political committee
which is required to file a statement or report which fails to file * * * the statement or report on the date
in which it is due may be compelled to file * * * the statement or report by an
action in the nature of a mandamus.
(c) No candidate shall be
certified * * * as elected to office * * * until he or she files all
reports required by this article due as of the date of certification.
(d) No candidate who is
elected to office shall receive any salary or other remuneration for the office * * * until he or she files all
reports required by this article due as of the date such salary or remuneration
is payable.
(e) In the event that a
candidate fails to timely file any report required pursuant to this article but
subsequently files a report or reports containing all of the information
required to be reported by him or her as of the date on which the sanctions
of * * *
subsections (c) and (d) of this section would be applied to him, such
candidate shall not be subject to the sanctions of * * * subsections (c) and (d).
SECTION 72. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or
elections to fill vacancies, shall in all respects be held, conducted and
returned in the same manner as general elections, except that where no
candidate receives a majority of the votes cast in * * * the election, then a runoff
election shall be held three (3) weeks after such election and the two (2)
candidates who receive the highest number of popular votes for * * * the office shall have their names
submitted as * * *
the candidates to the * * * runoff and the candidate who leads
in such runoff election shall be elected to the office. When there is a tie in
the first election of those receiving the next highest number of votes,
these two (2) and the one (1) receiving the highest number of
votes, none having received a majority, shall go into the runoff
election and whoever leads in * * * the runoff election shall be
entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates.
* * *
SECTION 73. Section 23-15-859, Mississippi Code of 1972, is amended as follows:
23-15-859. Whenever under
any statute a special election is required or authorized to be held in any
municipality, and the statute authorizing or requiring * * * the election does not specify the
time within which such election shall be called, or the notice which shall be
given thereof, the governing authorities of the municipality shall, by
resolution, fix a date upon which such election shall be held. * * * The date shall not be less than
twenty-one (21) nor more than thirty (30) days after the date upon which * * * the resolution is adopted, and not
less than three (3) weeks' notice of * * * the election shall be given by the
clerk by a notice published in a newspaper published in the municipality once
each week for three (3) weeks next preceding the date of such election, and by
posting a copy of such notice at three (3) public places in such municipality.
Nothing * * *
in this section, however, shall be applicable to elections on the
question of the issuance of the bonds of a municipality or to preferential
or general * * * elections for the election of municipal officers.
SECTION 74. Section 23-15-873, Mississippi Code of 1972, is amended as follows:
23-15-873. No person,
whether an officer or not, shall, in order to promote his or her own
candidacy, or that of any other person, to be a candidate for public office in
this state, directly or indirectly, himself, herself or through another
person, promise to appoint, or promise to secure or assist in securing the
appointment * * * or election of another person to any public position or
employment, or to secure or assist in securing any public contract or the
employment of any person under any public contractor, or to secure or assist in
securing the expenditure of any public funds * * * on the personal behalf of any
particular person or group of persons, except that the candidate may publicly
announce what is his or her choice or purpose in relation to an election
in which he or she may be called on to take part if elected. It shall
be unlawful for any person to directly or indirectly solicit or receive any
promise by this section prohibited. But this does not apply to a sheriff,
chancery clerk, circuit clerk, or any other person, of the state or county when
it comes to their office force.
SECTION 75. Section 23-15-881, Mississippi Code of 1972, is amended as follows:
23-15-881. It shall be
unlawful for the * * * Mississippi Transportation Commission or any member
of the * * *
Mississippi Transportation Commission, or the board of supervisors of
any county or any member of the board of supervisors of such county, to employ,
during the months of * * * August, September, October and November of any
year in which a general * * *primary election is held for the * * * election of members of
the * * *
Mississippi Transportation Commission and members of the boards of
supervisors, a greater number of persons to work and maintain the state
highways, in any highway district, or the public roads, in any supervisors
district of the county, as the case may be, than the average number of persons
employed for similar purposes in * * * the highway district or supervisors
district, as the case may be, during the months of * * * August, September,
October and November of the three (3) years immediately preceding
the year in which * * *
the general * * *
election is held. It shall be unlawful for the * * * Mississippi Transportation
Commission, or the board of supervisors of any county, to expend out of the
state highway funds, or the road funds of the county or any supervisors
district thereof, as the case may be, in the payment of wages or other
compensation for labor performed in working and maintaining the highways of any
highway district, or the public roads of any supervisors district of the
county, as the case may be, during the months of * * * August, September,
October and November of such election year, a total amount in excess of the
average total amount expended for * * * the labor, in such highway district
or supervisors district, as the case may be, during the corresponding four * * *-month period of the three (3)
years immediately preceding.
It shall be the duty of the * * * Mississippi Transportation
Commission and the board of supervisors of each county, respectively, to keep
sufficient records of the numbers of employees and expenditures made for labor
on the state highways of each highway district, and the public roads of each
supervisors district, for the months of * * * August, September,
October and November of each year, to show the number of persons
employed for such work in each highway district and each supervisors district,
as the case may be, during said four * * *-month period, and the total
amount expended in the payment of salaries and other compensation to such
employees, so that it may be ascertained, from an examination of such records,
whether or not the provisions of this chapter have been violated.
It is provided, however,
because of the abnormal conditions existing in certain counties of the state
due to recent floods in which roads and bridges have been materially damaged or
washed away and destroyed, if the board of supervisors in any county passes a
resolution as provided in Section 19-9-11 * * *, for the emergency
issuance of road and bridge bonds, the provisions of this section shall not be
applicable to or in force concerning the board of supervisors during the
calendar year 1955.
SECTION 76. Section 23-15-885, Mississippi Code of 1972, is amended as follows:
23-15-885. The restrictions
imposed in Sections 23-15-881 and 23-15-883 shall likewise apply to the mayor
and board of aldermen, or other governing authority, of each municipality, in
the employment of labor for working and maintaining the streets of the
municipality during the four-month period next preceding the date of holding
the general * * *
election in such municipality for the election of municipal officers.
SECTION 77. Section 23-15-891, Mississippi Code of 1972, is amended as follows:
23-15-891. No common
carrier, telegraph company or telephone company shall give to any candidate, or
to any member of any political committee, or to any person to be used to aid or
promote the success or defeat of any candidate for election for any public
office, free transportation or telegraph or telephone service, as the case may
be, or any reduction thereof that is not made alike to all other persons. All
persons required by the provisions of this chapter to make and file statements
shall make oath that they have not received or made use of, directly or
indirectly, in connection with any candidacy for * * * election to any public
office, free transportation or telegraph or telephone service.
SECTION 78. Section 23-15-899, Mississippi Code of 1972, is amended as follows:
23-15-899. Every placard,
bill, poster, pamphlet or other printed matter having reference to any
election, or to any candidate, that has not been submitted to, and approved and
subscribed by a candidate or his or her campaign manager or assistant
manager pursuant to the provisions of Section 23-15-897, shall bear upon the
face thereof the name and the address of the author and of the printer and
publisher thereof, and failure to so provide shall be a misdemeanor, and it
shall be a misdemeanor for any person to mutilate, or remove, previously to the
date of the * * *
election, any placard, poster or picture which has been lawfully
placed or posted.
SECTION 79. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) When the
returns for a box and the contents of the ballot box and the conduct of the
election * * *
have been canvassed and reviewed by the county election commission * * *, all the contents of the
box required to be placed and sealed in the ballot box by the managers shall be
replaced therein by the election commission * * * and
the box shall be * * *
resealed and delivered to the circuit clerk, who shall safely keep and
secure the same against any tampering therewith. At any time within twelve
(12) days after the canvass and examination of the box and its contents by the
election commission * * *, any candidate or his or
her representative authorized in writing by him or her shall have
the right of full examination of * * * the box and its contents upon three
(3) days' notice of his or her application therefor served upon the
opposing candidate or candidates, or upon any member of their family over the
age of eighteen (18) years, which examination shall be conducted in the
presence of the circuit clerk or his or her deputy who shall be charged
with the duty to see that none of the contents of the box are removed from the
presence of the clerk or in any way tampered with. Upon the completion of * * * the examination the box
shall be resealed with all its contents * * * in the same way it was
previously sealed. And if any contest or complaint before the court shall
arise over * * *
the box, it shall be kept intact and sealed until the court hearing and
another ballot box, if necessary, shall be furnished for the precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 80. Section 23-15-951, Mississippi Code of 1972, is amended as follows:
23-15-951. Except as
otherwise provided by Section 23-15-955 or 23-15-961, a person desiring to
contest the election of another person returned as elected to any office within
any county, may, within twenty (20) days after the election, file a petition in
the office of the clerk of the circuit court of the county, setting forth the
grounds upon which the election is contested. When such a petition is filed,
the circuit clerk shall immediately notify, by registered letter, telegraph,
telephone, or personally the Chief Justice of the Supreme Court or in his or
her absence, or disability, some other Justice of the Supreme Court, who
shall forthwith designate and notify a circuit judge or chancellor 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. The circuit clerk shall also cause a copy of * * * the petition to be served upon the
contestee, which shall serve as notice to * * * the contestee.
The Supreme Court shall
compile a list of judges throughout the state to hear * * * the disputes before an election.
It shall be the official duty of the designated circuit judge or chancellor to
proceed to discharge the duty of hearing the contest at the earliest possible
date. The date of the contest shall be fixed by the judge or chancellor, and
the judge or chancellor shall provide reasonable notice to the contestant and
the contestee of the date and time fixed for the contest. The judge or
chancellor shall cause the contestant and contestee to be served in a reasonable
manner. When the contestee is served, such contestee shall promptly file his or
her answer, and cross-complaint, if the contestee has a cross-complaint.
The court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict of the jury shall find the person having the greatest number of legal votes at the election. If the jury shall find against the person returned elected, the clerk shall issue a certificate thereof; and the person in whose favor the jury shall find shall be commissioned by the Governor, and shall qualify and enter upon the duties of his or her office. Each party shall be allowed ten (10) peremptory challenges, and new trials shall be granted and costs awarded as in other cases. In case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty (20) days after the election, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his or her office.
A person desiring to contest
the election of another person returned as elected to any seat in the
Mississippi Legislature shall comply with the provisions of Section 23-15-955.
A person desiring to contest the qualifications of a candidate * * *
in a preferential election shall comply with the provisions of Section
23-15-961.
SECTION 81. 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 office in a preferential election shall file a petition specifically
setting forth the grounds of the challenge within ten (10) days after the
qualifying deadline for the office in question. The petition shall be filed
with the proper executive committee with whom the candidate in
question qualified or with the proper election commission with whom the
candidate in question qualified if the candidate is not affiliated with a
political party.
(2) Within ten (10) days of receipt of the petition described in subsection (1) of this section, the appropriate executive committee or election commission shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate executive committee or election commission 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 that meeting and present evidence in support of his or her position.
(3) If the appropriate executive committee or election commission fails to rule upon the petition within the time required in subsection (2) of this section, that inaction shall be interpreted as a denial of the request for relief contained in the petition.
(4) Any party aggrieved by the action or inaction of the appropriate executive committee or election commission may file a petition for judicial review to the circuit court of the county in which the executive committee or election commission whose decision is being reviewed sits. The petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee or election commission. 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 or her petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(5) 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 or her 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 or
her answer, and also his or her cross-complaint if * * * a cross-complaint exists. 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
is legally qualified to have his or her 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.
(6) 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 or her 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 or election
commission is entitled to proceed based upon their decision * * * 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.
(7) The procedure set forth
in this section shall be the * * * only manner in which the
qualifications of a candidate seeking public office * * * in a preferential
election may be challenged * * * before the time * * * the
candidate's name is placed on the general election ballot. After a * * * candidate in a preferential
election has been elected to public office, the election may be challenged
as otherwise provided by law. After a * * * candidate in a preferential
election assumes an elective office, his or her qualifications to
hold that office may be contested as otherwise provided by law.
SECTION 82. Section 23-15-963, Mississippi Code of 1972, is amended as follows:
23-15-963. (1) Any person
desiring to contest the qualifications of another person who has qualified
pursuant to * * * Sections
8 and 9 of this act 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 * * *
preferential
election set forth in Section * * * 2 of
this act. Such petition shall be filed with the same body with whom the
candidate in question qualified pursuant to * * * Sections
8 and 9 of this act.
(2) Any person desiring to
contest the qualifications of another person who has qualified pursuant to the
provisions of Section 23-15-213 * * * 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 * * * before the general election. * * * The 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 * * *.
(3) Any person desiring to
contest the qualifications of another person who has qualified pursuant to the
provisions of * * * Section 11 of this act
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 * * *
preferential election set forth in Section * * * 2 of
this act. * * *
The petition shall be filed with the municipal election
commissioners * * *, being the same body with whom the candidate in question
qualified pursuant to Section * * * 11 of
this act.
(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 * * * the meeting and present evidence in
support of his or her 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. * * * The petition must be filed no later
than fifteen (15) days after the date the petition was originally filed with
the appropriate election officials. * * * 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 or her 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 * * * 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 or her 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 or her 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 * * * 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 * * * only manner in which the qualifications of a candidate seeking
public office who qualified pursuant to the provisions of Sections * * * 8, 9 and 11 of this act and
Section 23-15-213 * * *, may be challenged * * * before the time of his or
her 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 or her qualifications to hold that
office may be contested as otherwise provided by law.
SECTION 83. Section 23-15-1065, Mississippi Code of 1972, is amended as follows:
23-15-1065. * * * No person shall claim, or
represent himself in any manner to be a member of any state, district or county
executive committee of any political party in this state, or claim to be the
national committeeman or national committeewoman or any other officer or
representative of such political party without having been lawfully elected or
chosen as * * * provided by the laws of this state * * *.
Any person who violates the provisions of this section, in addition to other measures or penalties provided by law, may be enjoined therefrom upon application to the courts by any person or persons, or any political party, official or representative of such political party aggrieved thereby.
SECTION 84. Section 23-15-1081, Mississippi Code of 1972, is amended as follows:
23-15-1081. A presidential preference primary or presidential preferential election may be held on the second Tuesday in March of each year in which a President of the United States is to be elected. Each political party which has cast for its candidates for President and Vice President in the previous presidential election more than twenty percent (20%) of the total vote cast for President and Vice President in the state, may conduct a presidential preference primary. No elector shall vote in the primary of more than one (1) political party in the same presidential preference primary.
SECTION 85. Section 23-15-1085, Mississippi Code of 1972, is amended as follows:
23-15-1085. The * * * chair of a party's state
executive committee shall notify the Secretary of State if the party intends to
hold a presidential preference primary or presidential preferential
election. The Secretary of State shall be notified * * * before December 1 of the year
preceding the year in which a presidential preference primary or
presidential preferential election may be held pursuant to Section 23-15-1081. * * *
SECTION 86. Section 23-15-1087, Mississippi Code of 1972, is amended as follows:
23-15-1087. Except as
otherwise provided in this chapter, the laws regulating * * * elections shall,
in so far as practical, apply to and govern presidential preference
primary elections or presidential preferential elections.
SECTION 87. Section 23-15-1089, Mississippi Code of 1972, is amended as follows:
23-15-1089. The Secretary of State shall place the name of a candidate upon the presidential preference primary ballot or the presidential preference election 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 or
presidential preferential election the Secretary of State shall publicly
announce and distribute to the news media for publication a list of the
candidates he or she intends to place on the ballot at the following
presidential preference primary election or presidential preferential
election. Following this announcement he or she shall not add
candidates to * * *
the selection, and he or she 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 88. Section 23-15-1091, Mississippi Code of 1972, is amended as follows:
23-15-1091. When the Secretary of State places the name of a candidate on the ballot pursuant to Section 23-15-1093, he or she shall notify the candidate that his or her name will appear on the ballot of this state in the presidential preference primary election or the presidential preferential election.
The secretary shall also notify the candidate that he or she may withdraw his or her name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 23-15-1095 no later than the sixtieth day before that election.
SECTION 89. Section 23-15-1093, Mississippi Code of 1972, is amended as follows:
23-15-1093. (1) Any person desiring to have his or her name placed on the presidential preference primary ballot or presidential preferential election ballot shall pay a qualifying fee and file the petition or petitions as described in this section.
(2) The amount of the qualifying fee shall be Two Thousand Five Hundred Dollars ($2,500.00). 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) A candidate shall file a petition or petitions in support of his or her candidacy with the state executive committee of the appropriate political party or the Secretary of State, whichever is applicable, after January 1 of the year in which the presidential preference primary or presidential preferential election is to be held and before January 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 or her 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 or her congressional district or in the state, as appropriate.
SECTION 90. Section 23-15-1095, Mississippi Code of 1972, is amended as follows:
23-15-1095. A candidate's name shall be printed on the appropriate primary or preferential election ballot unless he or she submits to the Secretary of State before the printing of the official sample ballot, an affidavit stating without qualification that he or she is not now and does not presently intend to become a candidate for the Office of President of the United States at the upcoming nominating convention of his or her political party or at the upcoming preferential election. If a candidate withdraws pursuant to this section, the Secretary of State shall notify the state executive committee of the political party of such candidate or the appropriate election commission if such candidate is not affiliated with a political party that the candidate's name will not be placed on the ballot.
SECTION 91. Section 23-15-1097, Mississippi Code of 1972, is amended as follows:
23-15-1097. All expenses of the presidential preference primary election or presidential preferential election, which are authorized expenses, as provided by statute relating to primary, preferential or general elections, shall be paid in the same manner as provided by law. Compensation of election officials shall be limited to that which is authorized by statute.
SECTION 92. Section 25-4-3, Mississippi Code of 1972, is amended as follows:
25-4-3. As used in this chapter, unless the context requires otherwise:
(a) "Advisory boards or commissions" means committees created solely to provide technical or professional knowledge or expertise to a parent organization, and whose members exercise no direct authority to expend public funds other than reimbursement for personal expenses incurred as a result of a member's service on the advisory board;
(b) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, self-employed individual, joint-stock company, receivership, trust or other legal entity or undertaking organized for economic gain or a nonprofit corporation or other such entity, association or organization receiving public funds;
(c) "Candidate
for public office" means an individual who has filed the necessary
documents or papers to appear as a candidate for * * * election to any
elective office existing under the laws of the State of Mississippi, including * * * preferential, special or general
elections. The term "candidate" does not include any person within
the meaning of Section 301(b) of the Federal Election Campaign Act of 1971;
(d) "Commission" means the Mississippi Ethics Commission;
(e) "Compensation" means money or thing of value received, or to be received, from any person for services rendered or to be rendered;
(f) "Household member" means:
(i) The spouse of the public servant; or
(ii) Any person
over the age of twenty-one (21) who resided in the public servant's household
during the entire reporting period * * *;
(g) "Income" means money or thing of value received, or to be received, from any source, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, forgiveness of debt, fee, royalty or any combination thereof;
(h) "Person" means any individual, firm, business, corporation, association, partnership, union or other legal entity;
(i) "Public employee" means any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the Mississippi State Legislature or by the governing body of any political subdivision thereof, or any other body politic within the State of Mississippi;
(j) "Public funds" means all monies, whether federal, state, district or local;
(k) "Public official" means:
(i) Any elected official of the State of Mississippi or any political subdivision thereof or any other body politic within the State of Mississippi; or
(ii) Any member, officer, director, commissioner, supervisor, chief, head, agent or employee of the State of Mississippi, or any agency thereof, of any political subdivision of the State of Mississippi, of any body politic within the State of Mississippi, or of any public entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the state, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds;
(l) "Public servant" means:
(i) Any elected or appointed official of the government;
(ii) Any officer, director, commissioner, supervisor, chief, head, agent or employee of the government or any agency thereof, or of any public entity created by or under the laws of the State of Mississippi or created by an agency or governmental entity thereof, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds; or
(iii) Any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the government.
SECTION 93. Section 65-1-3, Mississippi Code of 1972, is amended as follows:
65-1-3. There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.
On Tuesday after the first
Monday in November of the year 1951, and every four (4) years thereafter, state
highway commissioners shall be elected at the same time and in the same manner
as the Governor is chosen; and the laws governing * * * preferential elections and the
holding of general elections in this state shall apply to and govern the * * * election of state highway
commissioners. The state highway commissioners so elected shall enter upon the
discharge of the duties of their respective offices on the first Monday of
January in the year next succeeding the date of their election, and they shall
serve for a term of four (4) years and until their successors shall have been
duly elected and qualified.
If any one or more of the
state highway commissioners elected under the provisions of this chapter shall
die, resign or be removed from office, the Governor shall fill the vacancy by
appointment for the unexpired term, provided such unexpired term shall not
exceed twelve (12) months. If * * * the unexpired term * * * exceeds twelve (12) months, the
Governor shall, within fifteen (15) days from the date of such vacancy, by
proclamation duly made, call an election in the Supreme Court district in which * * * the vacancy exists, to be held
within sixty (60) days from the date of the issuance of * * * the proclamation, at which election
a state highway commissioner shall be elected to fill such vacancy for the
remaining portion of such unexpired term. Such special election shall be held
in the manner provided for holding general elections in this state, as far as
practicable.
Each of * * * the state highway commissioners,
before entering upon the discharge of the duties of his or her office,
shall take and subscribe the oath of office required of other state officials
and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with
some surety company authorized to do business in this state as surety,
conditioned for the faithful performance of the duties of his or her
office and for the faithful and true accounting of all funds or monies or
property coming into his or her hands by virtue of * * * the office, and conditioned further
that all such funds, monies and property will be expended and used by him or
her only for purposes authorized by law, * * * the bond to be approved by the
Governor or Attorney General and to be filed in the Office of the Secretary of
State. The premium on such bonds shall be paid out of the funds of the
Mississippi Department of Transportation.
From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi transportation commissioners.
SECTION 94. Section 79-19-21, Mississippi Code of 1972, is amended as follows:
79-19-21. The affairs of
the association shall be managed by a board of not less than five (5)
directors, elected by the members or stockholders from their own number and
shall have all rights and powers as provided for under the general corporation
laws of this state, and such other powers as may be necessary to the proper
execution of provisions of this chapter. The bylaws may provide that the territory
in which the association has members shall be divided into districts and that
the directors shall be elected according to such districts. In such case the
bylaws shall specify the number of directors to be elected by each district,
the manner and method of reapportioning the directors and of redistricting the
territory covered by the association. The bylaws may provide that * * * preferential elections should be
held in each district to elect the directors apportioned to such districts and
the result of all such * * * primary preferential elections must be ratified by the
next regular meeting of the association or may be considered final as to the
association.
The bylaws may provide that
one or more directors may be appointed by the president of Mississippi State
University of Agriculture and Applied Science or such other public official,
commission, association or board as may be indicated by such bylaws. * * * The directors shall represent
primarily the interest of the general public in such associations. The
director or directors so appointed need not be members or stockholders of the
association, but shall have the same powers and rights as other directors. * * * The directors shall not number more
than one-fifth (1/5) of the entire number of directors.
The directors of an association may provide a fair remuneration for the time actually spent by its officers, directors and employees in its service. No director, during the term of his or her office, shall be a party to a contract for profit with the association, differing in any way from the business relations accorded regular members or holders of common stock of the association.
The bylaws may provide for
an executive committee and may allot to * * * the committee all the functions and
powers of the board of directors, subject to the general direction and control
of the board.
When a vacancy on the board of directors occurs, other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy unless the bylaws provide for an election of directors by districts. In such a case the board of directors shall immediately call a special election to be voted in by the members or stockholders in that district to fill the vacancy.
SECTION 95. Section 79-19-27, Mississippi Code of 1972, is amended as follows:
79-19-27. Any member may
bring charges against an officer or director by filing them in writing with the
secretary of the association, together with a petition signed by ten percent
(10%) of the members, requesting the removal of the officer or director in
question. The removal shall be voted upon at the next regular or special
meeting of the association and, by a vote of a majority of the members, the
association may remove the officer or director and fill the vacancy. The
director or officer against whom such charges have been brought shall be
informed in writing of the charges * * * before the meeting and shall
have an opportunity at the meeting to be heard in person or by counsel and to
present witnesses; and the person or persons bringing charges against him or
her shall have the same opportunity. But * * * the officer or director may be
suspended by a vote of two-thirds (2/3) of the directors, pending the
hearing of such charges.
In case the bylaws provide
for election of directors by districts with * * * preferential elections in each
district, then the petition for removal of a director must be signed by twenty
percent (20%) of the members residing in the district from which he or she
was elected. The board of directors must call a special meeting of the members
residing in that district to consider the removal of the director. By a vote
of the majority of the members of that district, the director in question shall
be removed from office.
SECTION 96. Section 95-1-5, Mississippi Code of 1972, is amended as follows:
95-1-5. (1) Before any civil action is brought for publication, in a newspaper domiciled and published in this state or authorized to do business in Mississippi so as to be subject to the jurisdiction of the courts of this state, of a libel, or against any radio or television station domiciled in this state, the plaintiff shall, at least ten (10) days before instituting any such action, serve notice in writing on the defendant at its regular place of business, specifying the article, broadcast or telecast, and the statements therein, which he or she alleges to be false and defamatory.
(2) If it appears upon the
trial that * * *
the article was published, broadcast or telecast in good faith, that its
falsity was due to an honest mistake of the facts, and there were reasonable
grounds for believing that the statements in * * * the article, broadcast or telecast
were true, and that within ten (10) days after the service of * * * the notice a full and fair
correction, apology and retraction was published in the same edition or
corresponding issues of the newspaper in which * * * the article appeared, and in as
conspicuous place and type as was * * * the original article, or was
broadcast or telecast under like conditions correcting an honest mistake, and
if the jury shall so find, the plaintiff in such case shall recover only actual
damages. The burden of proof of the foregoing facts shall be affirmative
defenses of the defendant and pled as such.
(3) This section shall not
apply to any publication concerning a candidate for public office made within
ten (10) days of any * * *
preferential, general or special election in which such candidate's
candidacy for or election to public office is to be determined, and this
section shall not apply to any editorial or to any regularly published column
in which matters of opinions are expressed.
SECTION 97. Section 97-13-18, Mississippi Code of 1972, is amended as follows:
97-13-18. (1) It shall be
unlawful for a foreign national, directly or through any other person, to make
any contribution or any expenditure of money or other thing of value, or to
promise expressly or impliedly to make any such contribution or expenditure, in
connection with an election to any political office or in connection with any * * * preferential election,
convention or caucus held to select candidates for any political office.
(2) No person shall solicit, accept or receive any such contribution from a foreign national.
(3) The term foreign national means:
(a) A foreign principal as defined in 22 USCS 611(b), except that the term "foreign national" does not include any individual who is a citizen of the United States; or
(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.
SECTION 98. Section 97-13-35, Mississippi Code of 1972, is amended as follows:
97-13-35. * * * Any person who * * * votes at * * * an election, not being legally
qualified, or who * * *
votes in more than one (1) county, or at more than one (1) place in any
county or in any city, town, or village entitled to separate representation, or
who * * *
votes out of the district of his or her legal domicile, * * * shall, upon conviction, be imprisoned in the county jail not more
than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00),
or both.
* * *
SECTION 99. Section 23-15-575, Mississippi Code of 1972, is brought forward as follows:
23-15-575. No person shall be eligible to participate in any primary election unless he intends to support the nominations made in the primary in which he participates.
SECTION 100. Section 23-15-127, Mississippi Code of 1972, which provides for the preparation, use and revision of primary election pollbooks, is repealed.
SECTION 101. Section 23-15-171, Mississippi Code of 1972, which provides for the dates of municipal primary elections, is repealed.
SECTION 102. Section 23-15-191, Mississippi Code of 1972, which provides for the date of state, district and county primary elections, is repealed.
SECTION 103. Sections 23-15-263, 23-15-265, 23-15-267, 23-15-291, 23-15-293, 23-15-295, 23-15-296, 23-15-297, 23-15-299, 23-15-301, 23-15-303, 23-15-305, 23-15-307, 23-15-309, 23-15-311, 23-15-317, 23-15-319, 23-15-331, 23-15-333 and 23-15-335, Mississippi Code of 1972, which provide for the duties of the state executive committee and county executive committees in primary elections, provide for the qualification of candidates for party primary elections, and provide for the conduct of party primary elections, are repealed.
SECTION 104. Sections 23-15-359, 23-15-361 and 23-15-363, Mississippi Code of 1972, which provide for the contents of general election ballots, are repealed.
SECTION 105. Sections 23-15-597 and 23-15-599, Mississippi Code of 1972, which provide for the canvass of returns and announcement of vote by the county executive committees in primary elections, and require the state executive committee to transmit to the Secretary of State a tabulated statement of the party vote for certain offices, are repealed.
SECTION 106. Section 23-15-841, Mississippi Code of 1972, which provides for primary elections for nominations of candidates to fill vacancies in county and county district offices, is repealed.
SECTION 107. Sections 23-15-921, 23-15-923, 23-15-925, 23-15-927, 23-15-929, 23-15-931, 23-15-933, 23-15-935, 23-15-937, 23-15-939 and 23-15-941, Mississippi Code of 1972, which provide procedures for contests of primary elections, are repealed.
SECTION 108. Section 23-15-1031, Mississippi Code of 1972, which provides for the date of primary elections for Congressmen and United States Senators, is repealed.
SECTION 109. Section 23-15-1063, Mississippi Code of 1972, which prohibits unregistered political parties from conducting primary elections, is repealed.
SECTION 110. Section 23-15-1083, Mississippi Code of 1972, which requires that certain congressional primaries be held on the same day as the presidential preference primary, is repealed.
SECTION 111. Sections 1 through 17 of this act shall be codified as new sections in Chapter 15, Title 23, Mississippi Code of 1972.
SECTION 112. This act shall take effect and be in force from and after July 1, 2017.
