Bill Text: MS HB373 | 2022 | Regular Session | Introduced
Bill Title: Elections; increase qualification fees for.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [HB373 Detail]
Download: Mississippi-2022-HB373-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Apportionment and Elections
By: Representative Gibbs (36th)
House Bill 373
AN ACT TO AMEND SECTIONS 23-15-297 AND 23-15-309, MISSISSIPPI CODE OF 1972, TO INCREASE THE QUALIFICATION FEES FOR STATE, STATE DISTRICT, COUNTY, COUNTY DISTRICT, FEDERAL AND MUNICIPAL ELECTIONS; TO BRING FORWARD SECTION 23-15-977, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE QUALIFICATION FEES FOR JUDICIAL ELECTIONS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election and all independent candidates and special election candidates shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for
Governor, * * * Three Thousand Dollars ($3,000.00).
(b) Candidates for
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, * * * One Thousand Five Hundred Dollars
($1,500.00).
(c) Candidates for
district attorney, State Senator and State Representative, * * * One
Thousand Dollars ($1,000.00).
(d) Candidates for
sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county
attorney, county superintendent of education and board of supervisors, * * * Five Hundred
Dollars ($500.00).
(e) Candidates for
county surveyor, county coroner, justice court judge and constable, * * * Five Hundred
Dollars ($500.00).
(f) Candidates for
United States Senator, * * * Three Thousand Dollars ($3,000.00).
(g) Candidates for
United States Representative, * * * One Thousand
Five Hundred Dollars ($1,500.00).
SECTION 2. Section 23-15-309, Mississippi Code of 1972, is amended as follows:
23-15-309. (1) Nominations
for all municipal officers which are elective shall be made at a primary
election, or elections, to be held in the manner prescribed by law. All
persons desiring to be candidates for the nomination in the primary elections
shall first pay * * * One Hundred Dollars ($100.00) to the clerk
of the municipality, at least sixty (60) days before the first primary
election, no later than 5:00 p.m. on such deadline day. If the sixtieth day to
file the fee and written statement before an election falls on a Sunday or
legal holiday, the fees and written statements submitted on the business day
immediately following the Sunday or legal holiday shall be accepted.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, the email address of the candidate, if any, and the office for which he or she is a candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him or her, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. No candidate may attempt to qualify with any political party that does not have a duly organized municipal executive committee, and the municipal clerk shall not accept any assessments made pursuant to subsection (1) if the municipal clerk does not have contact information for the secretary of the municipal executive committee for that political party. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. The funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) Upon receipt of the above information, the proper municipal executive committee shall then determine, at the time of the qualifying deadline, whether each candidate is a qualified elector of the municipality, and of the ward if the office sought is a ward office, shall determine whether each candidate either 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 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 on or after December 8, 1992, 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 on or after December 8, 1992. 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 such 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 municipal executive committee finds that a candidate either (a) 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 (b) has been convicted of a felony as described in this subsection and not pardoned, then the executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he or she meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot. If the executive committee 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.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 3. Section 23-15-977, Mississippi Code of 1972, is brought forward as follows:
23-15-977. (1) Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials and pay the proper assessment by not later than 5:00 p.m. on February 1 of the year in which the general election for the judicial office is held. If February 1 occurs on a Saturday, Sunday or legal holiday, candidates shall file their intent to be a candidate and pay the proper assessment by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. Candidates shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court justice and Court of Appeals judge, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county election commissioners of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his or her intent to be a candidate for a judicial office and that person later dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person later dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 4. This act shall take effect and be in force from and after July 1, 2022.
