Bill Text: MS HC47 | 2016 | Regular Session | Introduced
Bill Title: Constitution; amend to require open primaries.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HC47 Detail]
Download: Mississippi-2016-HC47-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Rules; Apportionment and Elections
By: Representative Reynolds
House Concurrent Resolution 47
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, BY CREATING A NEW SECTION TO ABOLISH PARTISAN PRIMARIES; TO PROVIDE THE TIME FOR HOLDING PREFERENTIAL AND GENERAL 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 HIS NAME AND HIS NAME ONLY 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 REQUIRE THE LEGISLATURE TO PROVIDE FOR NONPARTISAN PREFERENTIAL MUNICIPAL ELECTIONS BY GENERAL LAW; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi
Constitution of 1890 are proposed to the qualified electors of the
state:
I.
Amend Article 5, Mississippi Constitution of 1890, by adding a new Section ____, to read as follows:
"Section___. All candidates without regard to party affiliation, if any, shall qualify for office with the Secretary of State at least sixty (60) days prior to the first preferential election, which shall be held for each office elected in this state and shall be held on the second Tuesday after the first Monday in September in every fourth year. When only one (1) person has qualified as a candidate for an office, such person's name shall be placed on the general election ballot. The preferential election shall be held three (3) weeks before the general election and the candidate who receives a majority of the votes cast for such office shall have his name and his name only placed on the general election ballot. When no candidate receives a majority of the votes cast in the preferential election for an office, then the two (2) 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. The Legislature shall, by general law, provide that municipalities shall conduct nonpartisan preferential elections."
II.
Amend Mississippi Constitution of 1890 by repealing Section 140, which reads as follows:
"Section 140. The Governor of the state shall be chosen in the following manner: On the first Tuesday after the first Monday of November of A.D. 1895, and on the first Tuesday after the first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes." In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature.
The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected."
III.
Amend Mississippi Constitution of 1890 by repealing Section 141, which reads as follows:
"Section 141. If no person shall receive such majorities, then the House of Representatives shall proceed to choose a Governor from the two persons who shall have received the highest number of popular votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted."
IV.
Amend Mississippi Constitution of 1890 by repealing Section 143, which reads as follows:
"Section 143. All other state officers shall be elected at the same time, and in the same manner as provided for election of Governor."
V.
Amend Mississippi Constitution of 1890 by repealing Section 247, which reads as follows:
"Section 247. The Legislature shall enact laws to secure fairness in party primary elections, conventions, or other methods of naming party candidates."
BE IT FURTHER RESOLVED, That these proposed amendments 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, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment removes a partisan system of elections in the State of Mississippi and replaces that system with preferential elections with no party affiliations."
