Bill Text: MS SB2394 | 2019 | Regular Session | Introduced
Bill Title: Primary elections; certain duties regarding conduct of to be performed by local election commissions and clerks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2394 Detail]
Download: Mississippi-2019-SB2394-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) Blackwell
Senate Bill 2394
AN ACT TO AMEND SECTIONS 23-15-239 AND 23-15-240, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COUNTY ELECTION COMMISSION AND THE CIRCUIT CLERK OR A MUNICIPAL ELECTION COMMISSION AND THE MUNICIPAL CLERK SHALL SPONSOR AND CONDUCT POLL MANAGER TRAINING BEFORE ANY PRIMARY OR OTHER ELECTION; TO REMOVE THE AUTHORITY OF COUNTY AND MUNICIPAL EXECUTIVE COMMITTEES TO SPONSOR AND CONDUCT POLL MANAGER TRAINING; TO AMEND SECTION 23-15-263, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF COUNTY EXECUTIVE COMMITTEES TO PRINT BALLOTS FOR PRIMARY ELECTIONS; TO AMEND SECTION 23-15-265, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY POLL MANAGER APPOINTED BY A COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE MUST COMPLETE POLL MANAGER TRAINING THAT IS CONDUCTED BY THE COUNTY OR MUNICIPAL ELECTION COMMISSION BEFORE SERVING IN ANY ELECTION; TO AMEND SECTION 23-15-266, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF A COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE TO ENTER INTO AGREEMENTS WITH A CIRCUIT OR MUNICIPAL CLERK OR A COUNTY OR MUNICIPAL ELECTION COMMISSION REGARDING POLL MANAGER TRAINING, BALLOT PRINTING, BALLOT BOX DISTRIBUTION AND THE CERTIFICATION OF PRIMARY ELECTION RETURNS; TO AMEND SECTION 23-15-267, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COUNTY OR MUNICIPAL ELECTION COMMISSION TO DISTRIBUTE BALLOT BOXES TO THE VOTING PRECINCTS BEFORE PRIMARY ELECTIONS; TO PROVIDE THAT A CIRCUIT OR MUNICIPAL CLERK MAY PERFORM SUCH DUTIES IF CERTAIN CRITERIA ARE MET; TO AMEND SECTION 23-15-271, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ELECTION INTEGRITY ASSURANCE COMMITTEE FOR EACH CONGRESSIONAL DISTRICT TO ENTER INTO AGREEMENTS WITH A CIRCUIT OR MUNICIPAL CLERK OR A COUNTY OR MUNICIPAL ELECTION COMMISSION ON BEHALF OF A COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE WHO FAILS TO PERFORM CERTAIN DUTIES RELATED TO PRIMARY ELECTIONS; TO AMEND SECTION 23-15-333, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COUNTY OR MUNICIPAL ELECTION COMMISSION TO DETERMINE CERTAIN ASPECTS OF AND PRINT PRIMARY ELECTION BALLOTS; TO PROVIDE THAT A CIRCUIT OR MUNICIPAL CLERK MAY PERFORM SUCH DUTIES IF CERTAIN CRITERIA ARE MET; TO AMEND SECTION 23-15-331, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE EXECUTIVE COMMITTEE OF EACH POLITICAL PARTY TO PROVIDE EACH COUNTY ELECTION COMMISSION WITH A SAMPLE OF THE OFFICIAL PRIMARY ELECTION BALLOT; TO AMEND SECTION 23-15-335, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COUNTY OR MUNICIPAL ELECTION COMMISSION TO DESIGNATE A PERSON TO DISTRIBUTE BALLOTS TO THE VOTING PRECINCTS; TO PROVIDE THAT A CIRCUIT OR MUNICIPAL CLERK MAY PERFORM SUCH DUTY IF CERTAIN CRITERIA ARE MET; TO AMEND SECTION 23-15-597, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A CIRCUIT OR MUNICIPAL CLERK TO CERTIFY PRIMARY ELECTION RESULTS INSTEAD OF A COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-15-221, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DUTIES OF MUNICIPAL ELECTION COMMISSIONERS, TO CONFORM TO THE PRECEDING AMENDMENT REGARDING POLL MANAGER TRAINING; TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DUTIES OF MUNICIPAL EXECUTIVE COMMITTEES, TO CONFORM TO THE PRECEDING AMENDMENTS REGARDING BALLOT PRINTING; TO AMEND SECTIONS 23-15-361 AND 23-15-359, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE PRINTING OF GENERAL ELECTION BALLOTS, TO CONFORM TO THE PRECEDING AMENDMENTS AUTHORIZING A CIRCUIT OR MUNICIPAL CLERK TO CERTIFY PRIMARY ELECTION RESULTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2020, this section shall read as follows:]
23-15-239. (1) * * *
The election commissioners and
circuit clerk of each county shall sponsor and conduct poll manager training.
Poll manager training shall provide at least four (4) hours but not more than
eight (8) hours of instructions to poll managers as to their duties in the
proper administration of the election and the operation of the polling place.
The election commissioners and circuit clerk shall conduct poll manager
training not less than five (5) days before each primary, general, special or
other election to be held in the county. Any poll manager who completes
the online training course provided by the Secretary of State shall only be
required to complete two (2) hours of in-person poll manager training. No poll
manager shall serve in any election unless he or she has received these
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 poll manager to fill a vacancy in case of an
emergency. The * * * election commissioners * * * shall train a sufficient
number of alternates to serve in the event a poll manager is unable to serve
for any reason.
* * *
( * * *2) The board of supervisors and
the municipal governing authority, in their discretion, may compensate poll
managers who attend these 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. Poll 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.
( * * *3) 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.
( * * *4) Subject to the following annual
limitations, the election commissioners shall be entitled to receive a per diem
in the amount of One Hundred Dollars ($100.00), 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 or more according to the latest federal decennial census, not more than twenty-two (22) days per year.
( * * *5) Election commissioners shall claim
the per diem authorized in subsection ( * * *4) of this section in the manner
provided for in Section 23-15-153(6).
( * * *6) (a) To provide poll manager
training, the Secretary of State has developed a single, comprehensive poll
manager training program to ensure uniform, secure elections throughout the
state. The program includes online training on all state and federal election
laws and procedures and voting machine opening and closing procedures.
(b) County election commissioners shall designate one (1) poll manager per precinct, who shall individually access and complete the online training program, including all skills assessments, at least five (5) days before an election. The poll manager shall be defined as a "certified poll manager," and entitled to a "Certificate of Completion" and compensation for the successful completion of the training and skills assessment in the amount of Twenty-five Dollars ($25.00) payable from the Secretary of State. Compensation paid to any poll manager under this paragraph (b) shall not exceed Twenty-five Dollars ($25.00) per calendar year.
(c) Every election held after January 1, 2018, shall have at least one (1) certified poll manager appointed by the county election officials to work in each polling place in the county during each general election.
[From and after January 1, 2020, this section shall read as follows:]
23-15-239. (1) * * * The election commissioners and circuit clerk of
each county shall sponsor and conduct poll manager training. Poll manager
training shall provide at least four (4) hours but not more than eight (8)
hours of instructions to poll managers as to their duties in the proper
administration of the election and the operation of the polling place. The
election commissioners and circuit clerk shall conduct poll manager training
not less than five (5) days before each primary, general, special or other
election to be held in the county. Any poll manager who completes the
online training course provided by the Secretary of State shall only be
required to complete two (2) hours of in-person poll manager training. No poll
manager shall serve in any election unless he or she has received these
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 poll manager to fill a vacancy in case of an
emergency. The * * * election commissioners * * * shall train a sufficient
number of alternates to serve in the event a poll manager is unable to serve
for any reason.
* * *
( * * *2) The board of supervisors and the
municipal governing authority, in their discretion, may compensate poll
managers who attend these 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. Poll 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.
( * * *3) 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.
( * * *4) Subject to the following annual
limitations, the election commissioners shall be entitled to receive a per diem
in the amount of One Hundred Dollars ($100.00), 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 or more according to the latest federal decennial census, not more than twenty-two (22) days per year.
( * * *5) Election commissioners shall claim
the per diem authorized in subsection ( * * *4) of this section in the manner
provided for in Section 23-15-153(6).
( * * *6) (a) To provide poll manager
training, the Secretary of State has developed a single, comprehensive poll
manager training program to ensure uniform, secure elections throughout the
state. The program includes online training on all state and federal election
laws and procedures and voting machine opening and closing procedures.
(b) County poll managers who individually access and complete the online training program, including all skills assessments, at least five (5) days before an election shall be defined as "certified poll managers," and entitled to a "Certificate of Completion."
(c) At least one (1) certified poll manager shall be appointed by the county election officials to work in each polling place in the county during each general election.
SECTION 2. 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, the 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 poll managers of the election while performing their duties at precincts.
(3) Before performing any
duties, student interns shall attend all required training for poll managers of
the county or municipality and any additional training considered necessary by
the * * * county or
municipal election commission, as appropriate.
(4) As used in this section "officials in charge of the election" means the county or municipal executive committee, as appropriate, in primary elections and the county or municipal election commission, as appropriate, in all other elections.
SECTION 3. Section 23-15-263, Mississippi Code of 1972, is amended as follows:
23-15-263. (1) Unless
otherwise provided in this chapter, the county executive committee at primary
elections shall perform all duties that relate to the qualification of
candidates for primary elections, * * * appoint
the primary election officers, resolve contests in regard to primary elections,
and perform all other duties required by law to be performed by the county
executive committee; however, each house of the Legislature shall rule on the
qualifications of the membership of its respective body in contests involving
the qualifications of such members. The executive committee shall be subject
to all the penalties to which county election commissioners are subject, except
that Section 23-15-217 shall not apply to members of the county executive
committee who seek elective office.
(2) A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office. The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office.
(3) The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense when committed in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter.
SECTION 4. Section 23-15-265, Mississippi Code of 1972, is amended as follows:
23-15-265. (1) The county executive committee of each county shall meet not less than two (2) weeks before the date of any primary election and appoint the poll managers for same, all of whom may be members of the same political party. The number of poll managers appointed by the county executive committee shall be the same number as election commissioners are allowed to appoint pursuant to Sections 23-15-231 and 23-15-235. If the county executive committee fails to meet on the date named, supra, further notice shall be given of the time and place of meeting. Before serving in any election, poll managers appointed by the county executive committee must complete the poll manager training conducted by the county election commissioners and circuit clerk as set forth in Section 23-15-239.
(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 the 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.
SECTION 5. 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 * * * 23-15-265(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 6. Section 23-15-267, Mississippi Code of 1972, is amended as follows:
23-15-267. (1) The ballot
boxes provided by the election commissioners in each county shall be used in
primary elections, and the * * * election
commissioners shall distribute them to the voting precincts of the county
before the time for opening the polls, in the same manner, as near as may be,
as that provided for in general elections.
(2) The boxes shall be securely sealed and locked beginning at the start of voting on election day until the end of voting on election day; and the box shall be kept by one (1) of the poll managers, and the poll manager having the box shall carefully keep it, and neither open it himself or herself nor permit it to be done, nor permit any person to have any access to it throughout voting during election day. The box shall not be removed from the polling place after the polls are open until the polls close and the count is completed.
(3) After each election, the ballot boxes shall be delivered to the clerk of the circuit court of the county for preservation; and he or she shall keep them for future use, and, when called for, deliver them to the election commissioners.
(4) (a) * * * The county election commission and circuit clerk may
enter into a written agreement authorizing the circuit clerk to perform any of
the duties required of the county election commission pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the chair of the county election commission and the circuit clerk.
The county election commission shall notify any county executive committee that
is eligible under Section 23-15-266 and the Secretary of State of the existence
of the agreement.
(b) * * *
The municipal election
commission and municipal clerk may enter into a written agreement authorizing
the municipal clerk to perform any of the duties required of the municipal
election commission pursuant to this section. Any agreement entered into
pursuant to this subsection shall be signed by the chair of the municipal
election commission and the municipal clerk. The municipal election commission
shall notify any municipal executive committee that is eligible under Section
23-15-266 and the Secretary of State of the existence of the agreement.
(5) The person, or persons, whose duty it is to comply with the provisions of this section and who shall fail, or neglect, from any cause, to deliver the boxes or any of them as herein provided shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and be imprisoned in the county jail of the residence of the person, or persons, who violates any of the provisions of this section, for a period of not less than thirty (30) days or more than six (6) months, and fined not more than Five Hundred Dollars ($500.00).
SECTION 7. 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 political party primaries 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 the clerk is located.
(2) If within sixty (60)
days of an election, a county executive committee or a municipal executive
committee fails to attend training, perform in a timely manner any of
the duties specified in Section 23-15-597 or perform in a timely manner any
of the duties specified in * * * Section
23-15-265 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 * * * Section 23-15-265, or there
is such an agreement in place and it is not being executed, the circuit or
municipal clerk shall 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 ensure that such duties are performed in order to secure
the orderly conduct of the primary. Upon receiving the notice, the election
integrity assurance committee * * * shall be authorized to contract on behalf of the county or
municipal executive committee with the county or municipal election commission
or the circuit or municipal clerk for the conduct of the primary election.
(3) Nothing in this section shall be construed to authorize the state executive committee or a congressional district election assurance committee to conduct primaries.
SECTION 8. Section 23-15-333, Mississippi Code of 1972, is amended as follows:
23-15-333. (1) The county * * *
election
commission shall have printed all necessary ballots, for use in primary
elections. The county * * * executive committeeelection commission shall have
printed all necessary absentee ballots forty-five (45) days before the election
as required by law. The ballots shall contain the names of all the candidates
to be voted for at the election, and there shall be left on each ballot one (1)
blank space under the title of each office for which a nominee is to be
elected; and in the event of the death of any candidate whose name shall have
been printed on the ballot, the name of the candidate duly substituted in the
place of the deceased candidate may be written in such blank space by the
voter. Except as otherwise provided in subsection (2) of this section, the
order in which the titles to the various offices shall be printed, and the
size, print and quality of the paper of the ballot is left to the discretion of
the county * * * election commission. Provided, however, that in all
cases the arrangement of the names of the candidates for each office shall be
alphabetical. No ballot shall be used except those so printed.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates, electors or delegates for the following national offices:
(i) President of the United States of America;
(ii) United States Senator or United States Representative;
(b) Candidates for the following statewide offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance;
(c) Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney;
(d) Candidates for the following legislative offices: Senator and House of Representatives;
(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 paragraphs (e) and (f) are left to the discretion of the county * * *
election
commission. Candidates' names shall be listed alphabetically under each
office by the candidate's last name.
(3) If after the deadline to qualify as a candidate for an office, only one (1) person has duly qualified to be a candidate for the office in the primary election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the primary election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate executive committee shall declare each candidate as the party nominee if the candidate meets all the qualifications to hold the office.
(4) (a) * * * The county election commission and circuit clerk may
enter into a written agreement authorizing the circuit clerk to perform any of
the duties required of the county election commission pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the chair of the county election commission and the circuit clerk.
The county election commission shall notify any county executive committee that
is eligible under Section 23-15-266 and the Secretary of State of the existence
of the agreement.
(b) * * *
The municipal election
commission and municipal clerk may enter into a written agreement authorizing
the municipal clerk to perform any of the duties required of the municipal
election commission pursuant to this section. Any agreement entered into
pursuant to this subsection shall be signed by the chair of the municipal election
commission and the municipal clerk. The municipal election commission shall
notify any municipal executive committee that is eligible under Section 23-15-266
and the Secretary of State of the existence of the agreement.
SECTION 9. Section 23-15-331, Mississippi Code of 1972, is amended as follows:
23-15-331. It shall be the
duty of the state executive committee of each political party to furnish to
each county * * * election commission, not less than fifty (50) days
prior to the election, the names of all state and state district candidates and
all candidates for legislative districts composed of more than one county or
parts of more than one county who have qualified as provided by law, and in
accordance with the requirements of Section 23-15-333 a sample of the official
ballot to be used in the primary, the general form of which shall be followed
as nearly as practicable.
SECTION 10. Section 23-15-335, Mississippi Code of 1972, is amended as follows:
23-15-335. (1) The county * * *
election
commission shall designate a person whose duty it shall be to distribute
all necessary ballots for use in a primary election, and shall designate one
(1) among the poll managers at each polling place to receive and receipt for
the blank ballots to be used at that place. When the blank ballots are
delivered to a local poll manager, the distributor shall take from the local
poll manager a receipt therefor signed in duplicate by both the distributor and
the poll manager, one (1) of which receipts the distributor shall deliver to
the circuit clerk and the other shall be retained by the local poll manager and
the last mentioned duplicate receipt shall be enclosed in the ballot box with
the voted ballots when the polls have been closed and the votes have been
counted. The printer of the ballots shall take a receipt from the distributor
of the ballots for the total number of the blank ballots delivered to the
distributor. The printer shall secure all ballots printed by him or her in
such a safe manner that no person can procure them or any of them, and he or
she shall deliver no blank ballot or ballots to any person except the
distributor above mentioned, and then only upon his or her receipt therefor as
above specified. The distributor of the blank ballots shall so securely hold
the same that no person can obtain any of them, and he or she shall not deliver
any of them to any person other than to the authorized local poll managers and
upon their respective receipts therefor. The * * * election commission
shall see to it that the total blank ballots delivered to the distributor,
shall correspond with the total of the receipts executed by the local poll
managers.
(2) (a) * * * The county election commission and circuit clerk may
enter into a written agreement authorizing the circuit clerk to perform any of
the duties required of the county election commission pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the chair of the county election commission and the circuit clerk.
The county election commission shall notify any county executive committee that
is eligible under Section 23-15-266 and the Secretary of State of the existence
of the agreement.
(b) * * *
The municipal election
commission and municipal clerk may enter into a written agreement authorizing
the municipal clerk to perform any of the duties required of the municipal
election commission pursuant to this section. Any agreement entered into
pursuant to this subsection shall be signed by the chair of the municipal
election commission and the municipal clerk. The municipal election commission
shall notify any municipal executive committee that is eligible under Section
23-15-266 and the Secretary of State of the existence of the agreement.
(3) Any person charged with any of the duties prescribed in this section who shall willfully or with culpable carelessness violate the same shall be guilty of a misdemeanor.
SECTION 11. Section 23-15-597, Mississippi Code of 1972, is amended as follows:
23-15-597. (1) The county
executive committee shall meet no later than one (1) week from the day
following each primary election to receive and canvass the returns that must be
made within the time fixed by law for returns of general elections and declare
the result, and announce the name of the nominees for county and county
district offices and the names of those candidates to be submitted to the
second primary. The vote for state, state district offices and legislative
offices shall be tabulated by precincts and certified to and returned to the
State Executive Committee, such returns to be mailed by registered letter or
any safe mode of transmission within thirty-six (36) hours after the returns
are canvassed and the result ascertained. The State Executive Committee shall
meet one (1) week from the day following the first primary election held for
state, state district offices and legislative offices, and shall proceed to
canvass the returns and to declare the result, and announce the names of those
nominated for the different offices in the first primary and the names of those
candidates whose names are to be submitted to the second primary election. The
State Executive Committee shall also meet one (1) week from the day on which
the second primary election * * * is held and receive and canvass the
returns for state and district offices, if any, and legislative offices,
if any, voted on in the second primary. 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) (a) * * * The circuit clerk is authorized to perform any of the
abovementioned duties of the county executive committee if the county executive
committee fails to act within the times fixed by subsection (1) of this
section.
(b) * * *
The municipal clerk is
authorized to perform any of the abovementioned duties of the municipal
executive committee if the municipal executive committee fails to act within
the times fixed by subsection (1) of this section.
SECTION 12. Section 23-15-221, Mississippi Code of 1972, is amended as follows:
23-15-221. (1) The governing authorities of municipalities having a population of less than twenty thousand (20,000) inhabitants according to the last federal decennial census shall appoint three (3) election commissioners; the governing authorities of municipalities having a population of twenty thousand (20,000) inhabitants or more and less than one hundred thousand (100,000) inhabitants according to the last federal decennial census shall appoint five (5) election commissioners; and the governing authorities of municipalities having a population of one hundred thousand (100,000) or more according to the last federal decennial census shall appoint seven (7) election commissioners. The municipal election commissioners, in conjunction with the municipal clerk, shall perform all the duties in respect to the municipal election prescribed by law to be performed by the county election commissioners where not otherwise provided. The election commissioners shall, in case there be but one (1) election precinct in the municipality, act as poll managers themselves.
(2) The city council or board of aldermen or other governing authority of any municipality desiring to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners shall adopt an ordinance declaring its intention to enter into an agreement with the municipality's county to have the county election commissioners conduct municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. If the municipality is located in more than one (1) county, the municipality shall choose which county it wants to conduct its elections and other duties of its municipal election commissioners and enter into an agreement with that county to have that county's election commissioners conduct the municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. A certified copy of this ordinance shall be immediately forwarded to the Chair of the State Board of Election Commissioners. The municipal authorities shall have a copy of the ordinance published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the municipality and having a general circulation therein. The first publication shall be not less than twenty-eight (28) days before the effective date fixed in the ordinance, and the last publication shall be made not less than seven (7) days before such date. If no newspaper is published in the municipality, then notice shall be given by publishing the ordinance for the required time in some newspaper published in the same or an adjoining county having a general circulation in the municipality. A copy of the ordinance shall also be posted at three (3) public places in the municipality for a period of at least twenty-one (21) days during the time of its publication in a newspaper. The publication of the ordinance may be made as provided in Section 21-17-19. Proof of publication must also be furnished to the Chair of the State Board of Election Commissioners.
(3) If a city council or board of aldermen or other governing authority of any municipality adopts an ordinance to abolish municipal election commissioners in the municipality's county and authorize county election commissioners to conduct the municipal election commissioners' duties, the county election commissioners shall conduct all of the duties of the municipal election commissioners including, but not limited to:
(a) Canvass the results of bond elections in a municipality;
(b) Canvass the returns of special and general elections for mayor and councilmen and within five (5) days after any special or general election, deliver to each person receiving the highest number of votes a certificate of election;
(c) Certify to the Secretary of State the name or names of the person or persons elected at special and general elections within ten (10) days after any special or general election;
(d) Revise the primary pollbooks for municipalities at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks, except they shall not remove from the pollbook any person who is qualified to participate in primary elections;
(e) Print the pollbooks that are to be used in municipal elections;
(f) Print and distribute the "official ballots";
(g) Perform the duties of poll managers in the event there is only one (1) election precinct in the municipality;
(h) Perform any of the
duties required of the * * * municipal executive committeecounty election commission
pursuant to Section 23-15-239 * * *;
(i) Determine whether each party candidate in the municipal general election is a qualified elector of the municipality, and of the ward if the office sought is a ward office, 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, and 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;
(j) Declare each candidate elected without opposition, if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of paragraph (i) of this subsection (3);
(k) Canvass the returns for municipal elections received from all voting precincts and within ten (10) days after the election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear that any two (2) or more of the candidates receiving the highest number of votes shall have received an equal number of votes, the election shall be decided by the toss of a coin or by lot, fairly and publicly drawn by the election commissioners;
(l) Transmit the statement provided in Section 23-15-611 to the Secretary of State certifying the name or names of the person or persons elected at municipal elections, and such person or persons shall be issued commissions by the Governor;
(m) Receiving the filed document by any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361 as a candidate for municipal office elected on the date designated by law for regular municipal elections that specifically sets forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309; and
(n) Perform all other duties with respect to the municipal election prescribed by law.
(4) If the city council or board of aldermen or other governing authority of any municipality does not desire to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners, then nothing in this section shall be construed in any way to affect, alter or modify the existence of those municipal election commissioners now operating under the laws relating to municipal election commissioners provided in the Mississippi Code of 1972. Those municipalities shall continue to enjoy the form of election commissions and the conduct of the respective elections that are now enjoyed by them, and each shall possess all rights, powers, privileges and immunities granted and conferred under the laws relating to municipal election commissioners provided in the Mississippi Code of 1972.
SECTION 13. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Municipal
primary elections shall be held on the first Tuesday in April preceding the
general municipal election and, in the event a second primary shall be
necessary, such second primary shall be held on the fourth Tuesday in
April preceding such general municipal election. The candidate receiving a
majority of the votes cast in the election shall be the party nominee. If no
candidate shall receive a majority vote at the election, the two (2) candidates
receiving the highest number of votes shall have their names placed on the
ballot for the second primary election. The candidate receiving the most votes
cast in the second primary election shall be the party nominee. However, if no
candidate shall receive a majority vote at the first primary, and there is a
tie in the election of those receiving the next highest vote, those candidates
receiving the next highest vote and the candidate receiving the highest vote
shall have their names placed on the ballot for the second primary election,
and whoever receives the most votes cast in the second primary election shall
be the party nominee. At the primary election the municipal executive
committee shall perform the same duties as are specified by law and performed
by members of the county executive committee with regard to state and county
primary elections. Each municipal executive committee shall have as many
members as there are elective officers of the municipality, and the members of
the municipal executive committee of each political party shall be elected in
the primary elections held for the nomination of candidates for municipal
offices. The provisions of this section shall govern all municipal primary
elections as far as applicable, but * * * the
poll managers and other officials of the primary election shall be appointed by
the municipal executive committee of the party holding the primary, and the
returns of such election shall be made to such municipal executive committee.
Vacancies in the executive committee shall be filled by it.
(2) Provided, however, that in municipalities operating under a special or private charter which fixes a time for holding elections, other than the time fixed by Chapter 491, Laws of 1950, the first primary election shall be held on the first Tuesday, two (2) months before the time for holding the general election, as fixed by the charter, and the second primary election, where necessary, shall be held three (3) weeks after the first primary election, unless the charter of any such municipality provides otherwise, in which event the provisions of the special or private charter shall prevail as to the time of holding such primary elections.
(3) All primary elections in municipalities shall be held and conducted in the same manner as is provided by law for state and county primary elections.
SECTION 14. Section 23-15-361, Mississippi Code of 1972, is amended as follows:
23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he or she was a participant in the primary election, and that the person whose name is presented by him or her was nominated by such primary election. The municipal election commissioners who are required to have the ballots printed, shall also have printed on the ballot in any municipal general election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality or a municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality or a municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition
required above shall be filed no later than 5:00 p.m. on the same date by which
candidates for nomination in the municipal primary election are required to pay
the fee provided for in Section 23-15-309, the name of the person requested to
be a candidate, unless nominated by a political party, shall not be placed upon
the ballot. The ballot shall contain the names of each candidate for each
municipal office, and the names shall be listed under the name of the political
party the candidate represents as provided by law and as certified * * *
by the municipal clerk or
by the municipal executive committee of such political party. In the event
such candidate qualifies as an independent as herein provided, he or she shall
be listed on the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal election commissioners of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal election commission shall determine whether each party candidate in the municipal general election is a qualified elector of the municipality, and of the ward if the office sought is a ward office and 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 municipal election commission 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 municipal 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 above and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission 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 the candidate shall not be placed upon the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, only one (1) person has duly qualified to be a candidate for the office in the general election the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 15. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as provided in this section, the ballot shall contain the names of all party nominees certified by the appropriate executive committee or by the circuit clerk, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297, if the candidates and nominees meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the
petition or fee, whichever is applicable, required above shall be filed as
provided for in subsection (3), (4) or (5) of this section, as appropriate, the
name of the person requested to be a candidate, unless nominated by a political
party, shall not be placed upon the ballot. The ballot shall contain the names
of each candidate for each office, and the names shall be listed under the name
of the political party that candidate represents as provided by law and as
certified * * *
by the circuit clerk or by the state executive committee of the
political party. In the event the candidate qualifies as an independent as provided
in this section, he or she shall be listed on the ballot as an independent
candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the Secretary of State by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners of all persons who have filed petitions with the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(5) The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(6) The 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 regular or general election pursuant to Section 23-15-375; however, 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 date of the election.
(7) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(8) Nothing in this section 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, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the Secretary of State and signed by not less than fifty (50) qualified electors.
(9) The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district 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 election commission shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The election commission 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 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 appropriate 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 election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission 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 that 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 appropriate 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.
(10) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, only one (1) person has duly qualified to be a candidate for the office in the general election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (9) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(11) The petition required by this section may not be filed by using the Internet.
SECTION 16. This act shall take effect and be in force from and after July 1, 2019.
