MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Constitution

By: Representative Wilson

House Concurrent Resolution 34

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890, BY AMENDING SECTION 44 TO REMOVE CRIMES OF MANSLAUGHTER, VIOLATIONS OF THE INTERNAL REVENUE CODE AND VIOLATIONS OF STATE TAX LAWS, FROM THE LIST OF CRIMES WHICH DO NOT DISQUALIFY A PERSON FROM HOLDING OFFICE; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890, is proposed to the qualified electors of the state:

     Amend Section 44, Mississippi Constitution of 1890, to read as follows:

     "Section 44.  (1)  No person shall be eligible to a seat in either house of the Legislature, or to any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime; and any person who shall have been convicted of giving or offering, directly, or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or appointment of any person to office, shall, on conviction thereof, be disqualified from holding any office of profit or trust under the laws of this state.

     (2)  No person who is convicted after ratification of this amendment in another state of any offense which is a felony under the laws of this state, and no person who is convicted after ratification of this amendment of any felony in a federal court, shall be eligible to hold any office of profit or trust in this state.

     (3)  This section shall not disqualify a person from holding office if he has been pardoned for the offense * * *or if the offense of which the person was convicted was manslaughter, any violation of the United States Internal Revenue Code or any violation of the tax laws of this state unless such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office."

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2016, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This amendment removes crimes of manslaughter, violations of the Internal Revenue Code and violations of state tax laws, from the list of crimes which do not disqualify a person from holding office."