Bill Text: MS SB2673 | 2016 | Regular Session | Introduced
Bill Title: Elections; revise qualifying fees for party candidates and required number of signatures for independent candidates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2673 Detail]
Download: Mississippi-2016-SB2673-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) Doty
Senate Bill 2673
AN ACT TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFYING FEES TO RUN FOR STATEWIDE OFFICE, UNITED STATES SENATOR AND UNITED STATES HOUSE OF REPRESENTATIVES; TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIRED NUMBER OF PERSONS WHO MUST SIGN THE PETITIONS IN SUPPORT OF INDEPENDENT AND SPECIAL ELECTION CANDIDATES FOR CERTAIN OFFICES; TO AMEND SECTION 23-15-1093, MISSISSIPPI CODE OF 1972, TO ADD A QUALIFYING FEE FOR CANDIDATES FOR PRESIDENT OF THE UNITED STATES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates
upon entering the race for party nominations for office shall first pay a
qualifying fee to the proper officer as provided for in Section 23-15-299
for each primary election * * * the following amounts:. The amount of the qualifying fee
shall be determined by the state executive committee with which the candidate
is affiliated and shall adhere to the following guidelines:
(a) Candidates for
Governor * * * no less than one percent
(1%) and no more than three percent (3%) of the annual salary of the office.
(b) Candidates for the
offices of Lieutenant Governor, Attorney General, Secretary of State, State
Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner
of Agriculture and Commerce, State Highway Commissioner and State Public Service
Commissioner, * * * no less than one percent
(%1) and no more than three (3%) of the annual salary of the office.
(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).
(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).
(f) Candidates for
United States Senator, * * * no less than one
percent (1%) and no more than three percent (3%) of the annual salary of the
office.
(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).
SECTION 2. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures. 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 * * * two thousand (2,000)
qualified electors.
(b) For an office
elected by the qualified electors of a Supreme Court district, not less than * * * one thousand (1,000)
qualified electors.
(c) For an office
elected by the qualified electors of a congressional district, not less than * * * one thousand (1,000)
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 * * * five hundred (500) 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.
(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or (4) 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 such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of such political party. In the event such candidate qualifies as an independent as provided in this section, he 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 State Board of Election Commissioners by no later than 5:00 p.m. on the same date by which candidates for nominations in the political party primary elections are required to pay the fee provided for in Section 23-15-297, Mississippi Code of 1972; 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 for nominations in the political party elections 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 commissioners of election of all persons who have filed petitions with such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
(5) The 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 such local issue must be filed with the commissioners of election by the appropriate governing authority not less than sixty (60) days previous to the date of the election.
(6) 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.
(7) 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 State Board of Election Commissioners and signed by not less than fifty (50) qualified electors.
(8) 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 is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he 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 office or money coming into his hands by virtue of his 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 seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, 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.
(9) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election, the name of such person shall be placed on the ballot; provided, however, that if there shall be 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 commission in accordance with the provisions of subsection (8) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(10) The petition required by this section may not be filed by using the Internet.
SECTION 3. Section 23-15-1093, Mississippi Code of 1972, is amended as follows:
23-15-1093. (1) Any person desiring to have his name placed on the presidential preference primary ballot shall pay a qualifying fee and file the petition or petitions as described in this section.
(2) The amount of the qualifying fee to be paid shall be determined by the state executive committee of the appropriate political party, but the fee shall be no less than one percent (1%) and no more than three percent (3%) of the annual salary of the President of the United States.
(3) A candidate
shall file a petition or petitions in support of his candidacy with the
state executive committee of the appropriate political party after January 1 of
the year in which the presidential preference primary is to be held and before
January 15 of that same year. To comply with this section, a candidate may
file a petition or petitions signed by a total of not less than * * * two thousand four
hundred (2,400) qualified electors of the state, or petitions signed by not
less than * * * six hundred (600) qualified electors of each
congressional district of the state, in which case there shall be a separate
petition for each congressional district. The petitions shall be in such form
as the state executive committee may prescribe; provided, that there shall be a
space for the county of residence of each signer next to the space provided for
his signature. No signature may be counted as valid unless the county of
residence of the signer is provided. Each petition shall contain an
affirmation under the penalties of perjury that each signer is a qualified
elector in his congressional district or in the state, as appropriate.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.
