Bill Text: MS SB2480 | 2016 | Regular Session | Introduced
Bill Title: Elections; authorize procedures to promote full investigation and detection of election law violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2480 Detail]
Download: Mississippi-2016-SB2480-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A; Elections
By: Senator(s) Watson
Senate Bill 2480
AN ACT TO AMEND SECTION 23-15-165, MISSISSIPPI CODE OF 1972, TO REQUIRE REGISTRARS TO DESIGNATE WHICH PARTY PRIMARY ELECTION A VOTER PARTICIPATES IN AFTER EACH SUCH ELECTION; TO REMOVE DATE OF BIRTH AND AGE INFORMATION FROM THE LIST OF ITEMS EXEMPT FROM DISCLOSURE UNDER THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983; TO AMEND SECTION 23-15-929, MISSISSIPPI CODE OF 1972, TO PERMIT LIBERAL DISCOVERY BY THE PARTIES INVOLVED IN AN ELECTION CONTEST AS TO THE CONTENTS OF BALLOT BOXES, VOTER REGISTRATION RECORDS, POLLBOOKS AND ANY OTHER ELECTION RECORD; TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO INCREASE THE LENGTH OF TIME WITHIN WHICH A CANDIDATE MAY EXAMINE THE BALLOT BOX; TO CLARIFY THAT THE PERIOD OF TIME WITHIN WHICH THE BALLOT BOXES MAY BE EXAMINED COMMENCES UPON CERTIFICATION BY THE STATE EXECUTIVE COMMITTEE; TO PROVIDE THAT NOTICE OF A CANDIDATE'S INTENT TO EXAMINE THE BALLOT BOXES SHALL BE SERVED UPON THE CIRCUIT CLERK; TO PROVIDE THAT THE CIRCUIT CLERK SHALL POST THE NOTICE IN A PUBLIC PLACE AND MAIL THE NOTICE TO ANY OPPOSING CANDIDATE; TO PERMIT PERSONS CONDUCTING THE EXAMINATION TO COPY THE CONTENTS OF THE BALLOT BOX, POLLBOOKS AND ANY OTHER ELECTION RECORDS; TO REQUIRE CIRCUIT CLERKS TO PRESERVE BALLOT BOXES AND THEIR CONTENTS FOR CERTAIN PERIODS OF TIME; TO AMEND SECTION 97-13-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO VOTES OR ATTEMPTS TO VOTE IN THE RUN-OFF PRIMARY ELECTION OF ONE PARTY WHEN HE HAS VOTED IN THE PRIMARY ELECTION OF ANOTHER PARTY WITHIN THE PREVIOUS 21 DAYS SHALL BE GUILTY OF A MISDEMEANOR; TO AMEND SECTION 23-15-575, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON SHALL VOTE IN THE PRIMARY OR RUN-OFF PRIMARY ELECTION OF ONE PARTY IF HE HAS VOTED IN THE PRIMARY OR RUN-OFF PRIMARY ELECTION OF ANOTHER PARTY WITHIN THE PREVIOUS 60 DAYS; TO AMEND SECTION 23-15-127, MISSISSIPPI CODE OF 1972, TO REQUIRE PRIMARY ELECTION POLLBOOKS TO BE PREPARED BEFORE ANY PRIMARY OR RUN-OFF PRIMARY ELECTION; TO PROVIDE THAT THESE POLLBOOKS DESIGNATE WHICH PARTY PRIMARY ELECTION THE VOTER HAS PARTICIPATED IN WITHIN THE PREVIOUS 60 DAYS; TO CREATE SECTION 23-15-614, MISSISSIPPI CODE OF 1972, TO REQUIRE MUNICIPAL AND CIRCUIT CLERKS TO ENTER INTO THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM A VOTER'S HISTORY OF PARTICIPATING IN ANY ELECTION WITHIN 30 DAYS AFTER THE ELECTION BUT BEFORE PREPARING ANY SUBSEQUENT POLLBOOKS; TO AMEND SECTIONS 23-15-597, 23-15-599 AND 23-15-611, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEADLINES FOR THE CERTIFICATION OF ELECTION RESULTS; TO AMEND SECTIONS 23-15-171, 23-15-191, 23-15-213, 23-15-833, 23-15-857, 23-15-981, 23-15-1031 AND 23-15-1083, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A SECOND PRIMARY ELECTION, IF ANY, SHALL OCCUR FOUR WEEKS AFTER THE FIRST PRIMARY ELECTION; TO AMEND SECTION 23-15-921, MISSISSIPPI CODE OF 1972, TO EXTEND THE DEADLINE FOR FILING CERTAIN ELECTION CONTESTS TO 30 DAYS AFTER CERTIFICATION OF THE ELECTION; TO AMEND SECTION 23-15-923, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PETITION TO CONTEST CERTAIN OTHER ELECTIONS SHALL BE FILED WITHIN 30 DAYS AFTER CERTIFICATION OF THOSE ELECTIONS; TO AMEND SECTIONS 23-15-927 AND 23-15-951, MISSISSIPPI CODE OF 1972, TO EXTEND THE DEADLINE FOR REQUESTING JUDICIAL REVIEW OF AN ELECTION CONTEST TO 30 DAYS AFTER THE CERTIFICATION OF THE ELECTION AND TO PROVIDE THAT CERTAIN ELECTION CONTESTS SHALL BE TRIED WITHOUT A JURY; TO AMEND SECTION 23-15-961, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE QUALIFICATIONS OF A PARTY NOMINEE MAY BE CHALLENGED AFTER HIS NOMINATION BUT BEFORE A GENERAL ELECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-165, Mississippi Code of 1972, is amended as follows:
23-15-165. (1) From and after July 1, 2002, the Office of the Secretary of State, in cooperation with the local registrars and election commissioners, shall begin to procure, implement and maintain an electronic information processing system and programs capable of maintaining a centralized database of all registered voters in the state. The system shall encompass software and hardware, at both the state and county level, software development training, conversion and support and maintenance for the system. This system shall be known as the "Statewide Elections Management System" and shall constitute the official record of registered voters in every county of the state.
(2) The Office of the Secretary of State shall develop and implement the Statewide Elections Management System so that the registrar and election commissioners of each county shall:
(a) Verify that an applicant that is registering to vote in such county is not registered to vote in another county;
(b) Be notified automatically that a registered voter in its county has registered to vote in another county;
(c) Record a voter's history of participating in primary elections;
( * * *d) Receive regular reports of death,
changes of address and convictions for disenfranchising crimes that apply to
voters registered in the county; and
( * * *e) Retain all present functionality
related to, but not limited to, the use of voter roll data and to implement
such other functionality as the law requires to enhance the maintenance of
accurate county voter records and related jury selection and redistricting
programs.
(3) As a part of the procurement and implementation of the system, the Office of the Secretary of State shall, with the assistance of the advisory committee, procure services necessary to convert current voter registration records in the counties into a standard, industry accepted file format that can be used on the Statewide Elections Management System. Thereafter, all official voter information shall be maintained on the Statewide Elections Management System. The standard industry accepted format of data shall be reviewed and approved by a majority of the advisory committee created in subsection (5) of this section after consultation with the Circuit Clerks Association and the format may not be changed without majority approval of the advisory committee and without consulting the Circuit Clerks Association.
(4) The Secretary of State may, with the assistance of the advisory committee, adopt rules and regulations necessary to administer the Statewide Elections Management System. Such rules and regulations shall at least:
(a) Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;
(b) Provide procedures for integrating data into the centralized database;
(c) Provide security to insure that only the registrar, or his designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;
(d) Provide the registrar or his designee or other appropriate official, as the law may require, access to the system at all times, including the ability to download copies of the industry standard file, for all purposes related to their official duties, including, but not limited to, exclusive access for the purpose of printing of all local pollbooks;
(e) Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;
(f) Provide a procedure that will allow the registrar, or his designee or other appropriate official, as the law may require, to record which party primary election a voter participates in after each such election;
( * * *g) Provide a procedure that will allow
the registrar, or his designee or other appropriate official, as the law may
require, to identify the precinct and subprecinct to which a voter should be
assigned; and
( * * *h) Provide a procedure for phasing in
or converting existing manual and computerized voter registration systems in
counties to the Statewide Elections Management System.
(5) The Secretary of State shall establish an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee shall include two (2) representatives from the Circuit Clerks Association, appointed by the association; two (2) representatives from the Election Commissioners Association of Mississippi, appointed by the association; one (1) member of the Mississippi Association of Supervisors, or its staff, appointed by the association; the Director of the Stennis Institute of Government at Mississippi State University, or his designee; the Executive Director of the Department of Information Technology Services, or his designee; two (2) persons knowledgeable about elections and information technology appointed by the Secretary of State; and the Secretary of State, who shall serve as the chairman of the advisory committee.
(6) (a) Social security
numbers * * * and
telephone numbers * * * in statewide, district, county and
municipal voter registration files shall be exempt from and shall not be
subject to inspection, examination, copying or reproduction under the
Mississippi Public Records Act of 1983.
(b) Copies of
statewide, district, county or municipal voter registration files, excluding
social security numbers * * *, and telephone numbers * * *, shall
be provided to any person in accordance with the Mississippi Public Records Act
of 1983 at a cost not to exceed the actual cost of production.
SECTION 2. Section 23-15-929, Mississippi Code of 1972, is amended as follows:
23-15-929. Upon the filing of the petition and bond as provided for in Section 23-15-927, the circuit clerk shall immediately, by registered letter or by telegraph or telephone, or personally, notify the Chief Justice of the Supreme Court, or, in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or a retired judge on senior status of a district other than that which embraces the county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint, and it shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice, to be served in such reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has one to prefer.
The court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict of the jury shall find the person having the greatest number of legal votes at the election. If the jury shall find against the person returned elected, the clerk shall issue a certificate thereof; and the person in whose favor the jury shall find shall be commissioned by the Governor, and shall qualify and enter upon the duties of his office. Each party shall be allowed ten (10) peremptory challenges, and new trials shall be granted and costs awarded as in other cases. In case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty (20) days after the election, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his office.
A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination in a political party primary election shall comply with the provisions of Section 23-15-961.
SECTION 3. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) When the
returns for a box and the contents of the ballot box and the conduct of the
election thereat have been canvassed and reviewed and the results thereof
certified by the county election commission in the case of general
elections or the county executive committee in the case of primary elections,
all the contents of the box required to be placed and sealed in the ballot box
by the managers shall be replaced therein by the election commission or
executive committee, as the case may be, and the box shall be forthwith
resealed and delivered to the circuit clerk, who shall safely keep and secure
the same against any tampering therewith. At any time within * * * twenty (20) days after the * * *
certification of the election results by the county
election commission or executive committee, as the case may be, or by the
state executive committee for an election district not contained within a
single county, any candidate or his representative authorized in writing by
him shall have the right of full examination of said box and its contents upon
three (3) days' notice of his application therefor served upon the * * * circuit
clerk. The circuit clerk shall promptly post a copy of the notice in a public
place in the clerk's office and shall promptly mail a copy of the notice to any
opposing candidate's last-known mailing address. The examination shall be
conducted in the presence of the circuit clerk or his deputy who shall be
charged with the duty to see that none of the contents of the box are removed
from the presence of the clerk or in any way tampered with. The persons
conducting the examination of the ballot box shall be permitted to obtain
copies redacted consistent with Section 23-15-165(6) of the contents of the
ballot box, pollbooks and any other election records at a cost not to exceed
the actual cost of production. Upon the completion of said examination the
box shall be resealed with all its contents as theretofore. The clerk shall
maintain a record of each time the box is unsealed and resealed. The clerk
shall likewise unseal and reseal the box and guard its contents during any
court-ordered discovery as to its contents and during any examination by the
executive committee for the purposes of a primary election contest. And if
any contest or complaint before the court shall arise over said box, it shall
be kept intact and sealed until the court hearing and another ballot box, if
necessary, shall be furnished for the precinct involved. The ballot boxes
shall be preserved securely until any election contest proceedings regarding
the boxes concludes or sixty (60) days after the election, whichever is later.
Thereafter, the clerk shall remove and preserve the contents of the ballot
boxes, excluding any unused ballots or equipment found therein, for three (3)
years as public records.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 4. Section 97-13-35, Mississippi Code of 1972, is amended as follows:
97-13-35. Any person who
shall vote at any election, not being legally qualified, or who shall vote in
more than one (1) county, or at more than one (1) place in any county or in any
city, town, or village entitled to separate representation, or who shall vote
out of the district of his legal domicile, or who shall vote or attempt to vote
in the primary election of one (1) party when he shall have voted * * * in the primary election of
another party held on the same date, or who shall vote or attempt to
vote in the run-off primary election of one (1) party when he shall have voted
in the primary election of another party held thirty (30) days previously,
shall be guilty of a misdemeanor, and, on conviction, shall be fined not
exceeding Two Hundred Dollars ($200.00), or be imprisoned in the county jail
not more than six (6) months, or both.
SECTION 5. Section 23-15-575, Mississippi Code of 1972, is amended as follows:
23-15-575. No person shall be eligible to participate in any primary election unless he intends to support the nominations made in the primary in which he participates.
No person shall be eligible to participate in a primary election or run-off primary election of one (1) party if he has participated in a primary election or run-off primary election of another party within the previous thirty (30) days.
SECTION 6. Section 23-15-127, Mississippi Code of 1972, is amended as follows:
23-15-127. (1) (a)
It shall be the duty of registrar of the county or municipality to prepare and
furnish to the appropriate election commissioner pollbooks for each voting
precinct in which the election is to be conducted, in which shall be entered
the name, residence, date of birth * * *, date of registration * * * and eligibility to participate in the
primary for each person duly registered in such voting precinct as now
provided by law, and which pollbooks shall be known as "primary election
pollbooks" and shall be used only in holding primary elections.
(b) Primary election pollbooks shall be prepared for each party for each primary and run-off primary election. Each party's primary election pollbook shall contain lines striking through the names of those voters who cast a ballot in the primary of another party within thirty (30) days before the date of the run-off primary election for which the pollbook is prepared.
(2) The election commissioners of the county or municipality shall revise the primary pollbooks at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks now provided for under the law, except they shall not remove from the pollbook any person who is qualified to participate in primary elections; however, upon the written request of the municipal election commission, the county commissioners of election shall revise the primary pollbooks of the municipality as provided in this subsection.
(3) All laws applicable to the revision of pollbooks now in use shall be applicable to the revision of pollbooks for primary elections, and all rights of voters to be heard and to appeal to the executive committee of his party from the action of the election commissioners now provided by law shall be available to the voter in the revisions of the pollbooks for primary elections provided for in this section.
SECTION 7. The following shall be codified as Section 23-15-614, Mississippi Code of 1972:
23-15-614. Municipal clerks in the case of municipal elections and circuit clerks, in the case of all other elections, shall enter the voting participation history of each person who votes in any primary, general or special election into the Statewide Elections Management System. Clerks shall enter this information into the system no more than thirty (30) days after an election but before preparing a pollbook for any subsequent election.
SECTION 8. Section 23-15-597, Mississippi Code of 1972, is amended as follows:
23-15-597. (1) The county
executive committee shall meet on the first or second day after each primary
election, shall receive and canvass the returns which 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 within
ten (10) days after the primary, 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 and certified. The
state executive committee shall meet * * * ten (10) days
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 * * * ten (10) days after the second primary election
was held and receive and canvass the returns for state and district offices, if
any, and legislative offices, if any, voted on in such 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 office.
(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 chairman of the county executive committee and the circuit clerk or the chairman 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 such 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 chairman of the municipal executive committee and the municipal clerk or the chairman 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 9. Section 23-15-599, Mississippi Code of 1972, is amended as follows:
23-15-599. (1) (a) Within * * * fourteen (14) days after the
first primary election and within * * * fourteen (14) days after the
second primary election, if any, the chairman of the state executive committee
shall transmit to the Secretary of State a tabulated statement of the party
vote cast in each county and precinct in each county in each state and state
district election, and each legislative election for districts consisting of
more than one (1) county or parts of more than one (1) county. The statement
shall be transmitted by the state executive committee on such forms and by such
methods as may be required by rules and regulations promulgated by the
Secretary of State. The statement shall be filed by the Secretary of State and
preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the chairman of the state executive committee, which shall read as follows:
"I _______________, Chairman of the _________ Party State Executive Committee, do hereby certify that, on a majority vote of the ________ Party State Executive Committee, these vote totals for each county and for each candidate are the official vote totals for the election reflected therein."
(2) (a) Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the county executive committee shall transmit to the Secretary of State a tabulated statement of the party vote cast in their county and each precinct in their county in each election for county and county district office and each election for legislative office for districts containing one (1) county or less. The statement shall be transmitted by the county executive committee on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the majority of the members of the county executive committee, which shall read as follows:
"We, the undersigned members of the county executive committee, do hereby certify that these vote totals for each candidate are the official vote totals for the election reflected therein."
SECTION 10. Section 23-15-611, Mississippi Code of 1972, is amended as follows:
23-15-611. (1) In
municipal elections, managers of elections shall, immediately upon the closing
of the polls, count the ballots and ascertain the number of votes cast in each
voting precinct for each of the candidates or ballot measures and make a return
thereof to the municipal election commissioners. On the day following the
election, the election commissioners shall canvass the returns so received from
all voting precincts and shall, within * * * ten (10) days after such
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 lot, fairly and publicly
drawn by the election commissioners with the aid of two (2) or more qualified
electors of the municipality.
(2) (a) Within * * * ten (10) days after any
election, the municipal election commissioners shall transmit a statement to
the Secretary of State certifying the name or names of the person or persons
elected thereat, and such person or persons shall be issued commissions by the
Governor. The statement shall also include vote totals for each candidate for
each office and vote totals for and against ballot measures, if any, including
the vote totals for each candidate a ballot measure in each precinct in the
municipality.
(b) The statements required by this subsection shall contain a certification, signed and dated by a majority of the municipal election commissioners, which shall read as follows:
"We, the undersigned municipal election commissioners, do hereby certify that this statement contains the official vote for the election reflected therein."
(c) The statements required by this subsection 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.
(d) If the statement certifying the names of the persons elected is not transmitted to the Secretary of State as required by this subsection, the Secretary of State may issue a show cause order directing the municipal election commissioners to provide to the Secretary of State written response containing the reasons for their failure to transmit the statement. The municipal election commissioners shall file their response to the show cause order with the Secretary of State within five (5) working days after the issuance of the show cause order. If the statement certifying the names of the persons elected is not transmitted to the Secretary of State within five (5) working days after the issuance of the show cause order, the Secretary of State may petition a court of competent jurisdiction to compel the municipal election commissioners to comply with this subsection. If the statement certifying the names of the persons elected is received by the Secretary of State within five (5) days after the issuance of the show cause order, a response to the show cause order shall not be required.
SECTION 11. 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 * * * first Tuesday in May preceding
such general municipal election. At such 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 such
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 officers to prepare the ballots
and the managers and other officials of the primary election shall be appointed
by the municipal executive committee of the party holding such 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 exactly * * *
eight (8) weeks before
the time for holding the general election, as fixed by the charter, and the
second primary election, where necessary, shall be held * * * four (4) 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 12. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first Tuesday after the first Monday of August
preceding any regular or general election; and the second primary shall be held * * * four (4) weeks thereafter.
Any candidate who receives the highest popular vote cast for the office which
he seeks in the first primary shall thereby become the nominee of the party for
such office; provided also it be a majority of all the votes cast for that
office. If no candidate receive such majority of popular votes in the first
primary, then the two (2) candidates who receive the highest popular vote for
such office shall have their names submitted as such candidates to a second
primary, and the candidate who leads in such second primary shall be nominated
to the office. When there is a tie in the first primary of those receiving
next highest vote, these two (2) and the one (1) receiving the highest vote,
none having received a majority, shall go into the second primary, and whoever
leads in such second primary shall be entitled to the nomination.
SECTION 13. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
23-15-213. At the general election in 1984 and every four (4) years thereafter, there shall be elected five (5) commissioners of election for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners, before acting, shall take and subscribe the oath of office prescribed by the Constitution and file the oath in the office of the clerk of the chancery court, there to remain. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
The qualified electors of each supervisors district shall elect, at the general election in 1984 and every four (4) years thereafter, in their district one (1) commissioner of election. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he resides.
Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
The petition shall have
attached thereto a certificate of the registrar showing the number of qualified
electors on each petition, which shall be furnished by the registrar on
request. The board shall determine the sufficiency of the petition, and if the
petition contains the required number of signatures and is filed within the
time required, the president of the board shall verify that the candidate is a
resident of the supervisors district in which he seeks election and that the
candidate is otherwise qualified as provided by law, and shall certify that the
candidate is qualified to the chairman or secretary of the county election
commission and the names of the candidates shall be placed upon the ballot for
the ensuing election. No county election commissioner shall serve or be
considered as elected unless and until he has received a majority of the votes
cast for the position or post for which he is a candidate. If a majority vote
is not received in the first election, then the two (2) candidates receiving
the most votes for each position or post shall be placed upon the ballot for a
second election to be held * * * four (4) weeks later in
accordance with appropriate procedures followed in other elections involving
runoff candidates.
Upon taking office, the county board of election commissioners shall organize by electing a chairman and a secretary.
It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.
SECTION 14. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or
elections to fill vacancies, shall in all respects be held, conducted and
returned in the same manner as general elections, except that where no
candidate receives a majority of the votes cast in such election, then a runoff
election shall be held * * * four (4) weeks after such election and the two (2)
candidates who receive the highest popular votes for such office shall have
their names submitted as such candidates to the said runoff and the candidate
who leads in such runoff election shall be elected to the office. When there
is a tie in the first election of those receiving the next highest vote, these
two (2) and the one receiving the highest vote, none having received a
majority, shall go into the runoff election and whoever leads in such runoff
election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates.
At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
SECTION 15. Section 23-15-857, Mississippi Code of 1972, is amended as follows:
23-15-857. (1) When it shall happen that there is any vacancy in a city, town or village office which is elective, the unexpired term of which shall not exceed six (6) months, the same shall be filled by appointment by the governing authority or remainder of the governing authority of said city, town or village. The municipal clerk shall certify to the Secretary of State the fact of such appointment, and the person or persons so appointed shall be commissioned by the Governor.
(2) When it shall happen that there is any vacancy in an elective office in a city, town or village the unexpired term of which shall exceed six (6) months, the governing authority or remainder of the governing authority of said city, town or village shall make and enter on the minutes an order for an election to be held in such city, town or village to fill the vacancy and fix a date upon which such election shall be held. Such order shall be made and entered upon the minutes at the next regular meeting of the governing authority after such vacancy shall have occurred, or at a special meeting to be held not later than ten (10) days after such vacancy shall have occurred, Saturdays, Sundays and legal holidays excluded, whichever shall occur first. Such election shall be held on a date not less than thirty (30) days nor more than forty-five (45) days after the date upon which the order is adopted.
Notice of such election shall be given by the municipal clerk by notice published in a newspaper published in the municipality. Such notice shall be published once each week for three (3) successive weeks preceding the date of such election. The first notice to be published at least thirty (30) days before the date of such election. Notice shall also be given by posting a copy of such notice at three (3) public places in such municipality not less than twenty-one (21) days prior to the date of such election. One (1) of such notices shall be posted at the city, town or village hall. In the event that there is no newspaper published in the municipality, then such notice shall be published as provided for above in a newspaper which has a general circulation within the municipality and by posting as provided for above. In addition, the governing authority may publish such notice in such newspaper for such additional times as may be deemed necessary by the governing authority.
Each candidate shall qualify by petition filed with the municipal clerk by 5:00 p.m. at least twenty (20) days before the date of the election and such petition shall be signed by not less than the following number of qualified electors:
(a) For an office of a city, town or village having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office of a city, town or village having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
No qualifying fee shall be required of any candidate, and the election provided for herein shall be held as far as practicable in the same manner as municipal general elections.
The candidate receiving a
majority of the votes cast in said election shall be elected. 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
election to be held * * * four (4) weeks thereafter. The candidate receiving a
majority of the votes cast in said election shall be elected. However, if no
candidate shall receive a majority and there is a tie in the election of those
receiving the next highest vote, those receiving the next highest vote and the
candidate receiving the highest vote shall have their names placed on the
ballot for the election to be held * * * four (4) weeks thereafter, and
whoever receives the most votes cast in such election shall be elected.
Should the election to be
held * * *
four (4) weeks thereafter result in a tie vote, the candidate to prevail
shall be decided by lot, fairly and publicly drawn under the supervision by the
election commission with the aid of two (2) or more qualified electors of the
municipality.
The clerk of the election commission shall then give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election and runoff election showing the results thereof, certified by the clerk of the governing authority. The person elected shall be commissioned by the Governor.
However, if nineteen (19) days prior to the date of the election only one (1) person shall have qualified as a candidate, the governing authority, or remainder of the governing authority, shall dispense with the election and appoint that one (1) candidate in lieu of an election. In the event no person shall have qualified by 5:00 p.m. at least twenty (20) days prior to the date of the election, the governing authority or remainder of the governing authority shall dispense with the election and fill the vacancy by appointment. The clerk of the governing authority shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor.
SECTION 16. Section 23-15-981, Mississippi Code of 1972, is amended as follows:
23-15-981. If two (2) or
more candidates qualify for judicial office, the names of those candidates
shall be placed on the general election ballot. If any candidate for such an
office receives a majority of the votes cast for such office in the general
election, he shall be declared elected. If no candidate for such office
receives a majority of the votes cast for such office in the general election,
the names of the two (2) candidates receiving the highest number of votes for
such office shall be placed on the ballot for a second election to be held * * * four (4) weeks later in
accordance with appropriate procedures followed in other elections involving
runoff candidates.
SECTION 17. Section 23-15-1031, Mississippi Code of 1972, is amended as follows:
23-15-1031. Except as may
be otherwise provided by Section 23-15-1081, the first primary election for
congressmen shall be held on the first Tuesday in June of the years in which
congressmen are elected, and the second primary, when one is necessary, shall
be * * *
four (4) weeks thereafter. Each year in which a presidential election
is held, the congressional primary shall be held as provided in Section 23-15-1081.
The election shall be held in all districts of the state on the same day.
Candidates for United States Senator shall be nominated at the congressional
primary next preceding the general election at which a senator is to be elected
and in the same manner that congressmen are nominated, and the chairman and
secretary of the state executive committee shall certify the vote for United
States Senator to the Secretary of State in the same manner that county
executive committees certify the returns of counties in general state and county
primary elections.
SECTION 18. Section 23-15-1083, Mississippi Code of 1972, is amended as follows:
23-15-1083. Beginning in
1988, as an alternative to the congressional primary election date set forth in
Section 23-15-1031, when a political party elects to conduct a presidential
preference primary, the first primary election for congressmen, and senators,
if senators are to be elected, shall be held on the second Tuesday in March,
and the second primary, when one is necessary, shall * * * four (4) weeks thereafter, and
the election shall be held in all districts of the state on the same day.
SECTION 19. Section 23-15-921, Mississippi Code of 1972, is amended as follows:
23-15-921. Except as
otherwise provided by Section 23-15-961, a person desiring to contest the
election of another person returned as the nominee of the party to any county
or county district office, or as the nominee of a legislative district composed
of one (1) county or less, may, within * * * thirty (30) days after certification
of the primary election, file a petition with the secretary, or any member
of the county executive committee in the county in which the election was held,
setting forth the grounds upon which the primary election is contested; and it
shall be the duty of the executive committee to assemble by call of the
chairman or three (3) members of said committee, notice of which contest shall
be served five (5) days before said meeting, and after notifying all parties
concerned proceed to investigate the grounds upon which the election is
contested and, by majority vote of members present, declare the true results of
such primary.
SECTION 20. Section 23-15-923, Mississippi Code of 1972, is amended as follows:
23-15-923. Except as
otherwise provided in Section 23-15-961, a person desiring to contest the
election of another returned as the nominee in state, congressional and
judicial districts, and in legislative districts composed of more than one (1)
county or parts of more than one (1) county, * * * may, within thirty (30)
days after the certification of the primary election, file a petition with
the Chairman of the State Executive Committee * * * reciting the grounds upon which
the election is contested. If necessary and with the advice of four (4)
members of said committee, the chairman shall issue his fiat to the chairman of
the appropriate county executive committee, and in like manner as in the county
office, the county committee shall investigate the complaint and return their
findings to the chairman of the state committee. The state executive committee
by majority vote of members present shall declare the true results of such
primary.
SECTION 21. Section 23-15-927, Mississippi Code of 1972, is amended as follows:
23-15-927. When and after
any contest has been filed with the county executive committee, or complaint
with the State Executive Committee, and the executive committee having
jurisdiction fails * * * to fully
act upon the contest or complaint or fails to give * * * the full relief
required by the facts and the law within twenty (20) days after the filing
of the contest, the contestant shall have the right forthwith to file in
the circuit court of the county in which the irregularities are charged to have
occurred, or, if more than one (1) county is involved, then in one (1) of the
counties, a sworn copy of his protest or complaint, together with a sworn
petition, setting forth with particularity how the executive committee has
wrongfully failed to act or to fully and promptly investigate or has wrongfully
denied the relief prayed by the contest, with a prayer for a judicial review
thereof. A petition for judicial review must be filed within * * * thirty (30) days after any
contest or complaint has been filed with an executive committee. The petition
for a judicial review shall not be filed unless it bears the certificate of two
(2) practicing attorneys stating that they have each fully made an independent
investigation into the matters of fact and of law upon which the protest and
petition are based, and that after the investigation they believe that the
protest and petition should be sustained and that the relief prayed in the
protest and petitions should be granted; the two (2) attorneys may not be
practicing in the same law firm. The petitioner shall give a cost bond in the
sum of Three Hundred Dollars ($300.00), with two (2) or more sufficient
sureties conditioned to pay all costs in case his petition be dismissed, and an
additional bond may be required, by the judge, if necessary, at any subsequent
stage of the proceedings. The filing of the petition for judicial review in
the manner set forth in this section shall automatically supersede and suspend
the operation and effect of the order, ruling or judgment of the executive
committee appealed from. In no event shall a prayer for relief be filed in any
court other than the appropriate circuit court as authorized in this section.
SECTION 22. Section 23-15-951, Mississippi Code of 1972, is amended as follows:
23-15-951. Except as
otherwise provided by Section 23-15-955 or 23-15-961, a person desiring to
contest the election of another person returned as elected to any office within
any county, may, within * * *twenty (20) thirty (30) days after the certification
of the election, file a petition in the office of the clerk of the circuit
court of the county, setting forth the grounds upon which the election is
contested. When such a petition is filed, the circuit clerk shall immediately
notify, by registered letter, telegraph, telephone, or personally the Chief
Justice of the Supreme Court or in his absence, or disability, some other
Justice of the Supreme Court, who shall forthwith designate and notify a
circuit judge or chancellor of a district other than that which embraces the
district, subdistrict, county or any of the counties, involved in the contest
or complaint, to proceed to the county in which the contest or complaint has
been filed to hear and determine the contest or complaint. The circuit clerk
shall also cause a copy of such petition to be served upon the contestee, which
shall serve as notice to such contestee.
The Supreme Court shall compile a list of judges throughout the state to hear such disputes before an election. It shall be the official duty of the designated circuit judge or chancellor to proceed to discharge the duty of hearing the contest at the earliest possible date. The date of the contest shall be fixed by the judge or chancellor, and the judge or chancellor shall provide reasonable notice to the contestant and the contestee of the date and time fixed for the contest. The judge or chancellor shall cause the contestant and contestee to be served in a reasonable manner. When the contestee is served, such contestee shall promptly file his answer, and cross-complaint, if the contestee has a cross-complaint.
The trial judge or chancellor shall permit the parties liberal discovery, under the circuit clerk's supervision, as to the contents of the ballot boxes, voter registration records, pollbooks and any other election records. Any production of records under this paragraph shall not include information exempt from disclosure under Section 23-15-165(6).
The court shall, at the
first term, cause an issue to be made up and tried * * * without a jury, and the verdict of
the * * * judge
or chancellor shall find the person having the greatest number of legal votes
at the election or the election results cannot be ascertained. If the * * * judge or chancellor shall find
against the person returned elected, the clerk shall issue a certificate
thereof; and the person in whose favor the * * * judge or chancellor shall find
shall be commissioned by the Governor, and shall qualify and enter upon the
duties of his office. If the election results cannot be ascertained, the
election of the person returned as elected shall be vacated, and the Governor
shall call a special election as provided by law. * * *
New trials shall be granted and costs awarded as in
other cases.
In case the election of
district attorney or other state district election be contested, the petition
may be filed in any county of the district or in any county of an adjoining
district within * * * thirty (30) days after the certification of the
election, and like proceedings shall be had thereon as in the case of county
officers, and the person found to be entitled to the office shall qualify as
required by law and enter upon the duties of his office.
A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination in a political party primary election shall comply with the provisions of Section 23-15-961.
SECTION 23. Section 23-15-961, Mississippi Code of 1972, is amended as follows:
23-15-961. (1) Any person desiring to contest the qualifications of another person as a candidate for nomination in a political party primary election shall file a petition specifically setting forth the grounds of the challenge within ten (10) days after the qualifying deadline for the office in question. The petition shall be filed with the executive committee with whom the candidate in question qualified.
(2) Within ten (10) days of receipt of the petition described in subsection (1) of this section, the appropriate executive committee shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate executive committee shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at that meeting and present evidence in support of his position.
(3) If the appropriate executive committee fails to rule upon the petition within the time required in subsection (2) of this section, that inaction shall be interpreted as a denial of the request for relief contained in the petition.
(4) Any party aggrieved by the action or inaction of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the executive committee whose decision is being reviewed sits. The petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee. The person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(5) Upon the filing of the petition and bond, the circuit clerk shall immediately, by registered letter or by telegraph or by telephone, or personally, notify the Chief Justice of the Supreme Court, or in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or retired judge on senior status of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. It shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice. The contestant and contestee are to be served in a reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has a cross-complaint. The hearing before the trial court shall be de novo. The matter shall be tried to the trial judge, without a jury. After hearing the evidence, the trial judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The trial judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(6) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate executive committee is entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(7) The procedure set forth in this section shall be the sole and only manner in which the qualifications of a candidate seeking public office as a party nominee may be challenged prior to the time of his nomination or election. After a party nominee has been elected to public office, the election may be challenged as otherwise provided by law. After a party nominee assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law. After a person is elected as party nominee to public office, his qualifications to hold that nomination may be contested as otherwise provided by law.
SECTION 24. This act shall take effect and be in force from and after July 1, 2016.
