MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections

By: Representative Guice

AN ACT TO AMEND SECTION 23-15-303, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL CANDIDATES, REGARDLESS OF PARTY AFFILIATION, SHALL BE LISTED ON THE BALLOTS IN PARTY PRIMARIES AND THAT VOTERS IN A PARTY PRIMARY MAY VOTE FOR THE CANDIDATE OF THEIR CHOICE REGARDLESS OF PARTY AFFILIATION; TO AMEND SECTION 23-15-305, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE METHOD USED TO DETERMINE WHICH CANDIDATE SHALL RECEIVE HIS OR HER PARTY'S NOMINATION; TO AMEND SECTION 23-15-191, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 23-15-303, Mississippi Code of 1972, is amended as follows:

23-15-303. When two (2) or more political parties or political organizations are holding primary elections, each shall be conducted entirely independent of the other but at the same time.

In each party primary there shall be listed, under the office for which he is a candidate, the name of every person who has qualified to become a candidate regardless of party affiliation; however, no independent candidates shall participate in a party primary. The names shall be listed in alphabetical order under each office, and the candidate's party affiliation shall be printed under his or her name. The voters in a party primary may vote for the candidate of their choice regardless of party affiliation.

The board of supervisors or the supervisor of the district in which the voting precinct is located shall have authority, and it is made its and his duty when requested, to specifically designate the respective places where the precinct election of each party shall be held where there may be a dispute as to the room or exact place for holding the precinct elections.

SECTION 2. Section 23-15-305, Mississippi Code of 1972, is amended as follows:

23-15-305. The candidate that receives the highest number of votes cast for his party shall be his party's nominee. If there is a tie between two (2) candidates receiving the highest number of votes cast for their party, then the two (2) candidates shall go to a second primary and the one receiving the highest number of votes shall be his party's nominee.

If the candidate who received the * * * highest number of votes cast for the office for any reason declines to enter the general election, then in that event the candidate who received the second highest number of votes cast shall have his name submitted to the * * * general election.

If the candidate who received the second highest number of votes cast for the office for any reason declines to enter the general election, then in that event the candidate who received the third highest number of votes cast shall have his name submitted to the * * * general election.

If one (1) candidate receives a majority of the votes cast in both party primaries, he or she shall be declared each party's nominee and shall have his name submitted to the general election.

SECTION 3. 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 three (3) 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 the office. * * * When there is a tie in the first primary of those receiving the highest number of votes cast, these two (2) * * * shall go into the second primary, and whoever leads in the second primary shall be entitled to the nomination.

SECTION 4. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 5. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.