Bill Text: MS HB928 | 2015 | Regular Session | Introduced


Bill Title: Runoff elections; clarify when ballots should be printed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB928 Detail]

Download: Mississippi-2015-HB928-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Apportionment and Elections

By: Representative Perkins

House Bill 928

AN ACT TO AMEND SECTION 23-15-351, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN BALLOTS FOR RUNOFF ELECTIONS ARE REQUIRED TO BE PRINTED BY ELECTION COMMISSIONERS FOR A RUNOFF ELECTION FOR A COUNTY OFFICE; TO BRING FORWARD SECTION 23-15-603, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CERTIFICATION OF VOTES CAST AT AN ELECTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 23-15-351, Mississippi Code of 1972, is amended as follows:

     23-15-351.  It shall be the duty of the chairman of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the said election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law.  The printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.

      * * * In the case of the statewide special election for the selection of the official state flag provided for in Section 1 of Laws, 2001, Chapter 301, the provisions of this article regarding the printing and distribution of the official ballots, shall be governed by the provisions of Section 1(2) of Laws, 2001, Chapter 301.The chairman of the election commission of each county shall have printed all necessary ballots, including absentee ballots, for any county, county district or nonstate runoff election no later than forty-eight (48) hours after the votes have been certified by the commissioners.  For such elections, the chairman of the election commission nor any other election official in charge of printing the ballots shall be prohibited by the Office of the Secretary of State from printing such ballots in the time provided in this section.

     SECTION 2.  Section 23-15-603, Mississippi Code of 1972, is brought forward as follows:

     23-15-603.  (1)  The commissioners of election shall, within ten (10) days after the general election, transmit to the Secretary of State, to be filed in his office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS," to be delivered by the Secretary of State to the Speaker of the House of Representatives at the next ensuing session of the Legislature.  In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election.

     (2)  Constitutional amendments shall be voted for at the time fixed by the concurrent resolution.  The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally.  The commissioners of election shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments.

     (3)  The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State and submitted to each branch of the Legislature, at the session next ensuing.  Certified county vote totals shall represent the final results of the election.

     (4)  The statements required by this section shall contain a certification, signed and dated by a majority of the commissioners of election, which shall read as follows:

     "We, the undersigned commissioners of election, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein."

     (5)  The statements required by this section shall be transmitted 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.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2015.


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