1997 Regular Session
To: Apportionment and Elections
By: Representative Denny
House Bill 405
AN ACT TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO PRESCRIBE A PENALTY TO BE ASSESSED AGAINST CANDIDATES FOR NOT TIMELY FILING A CAMPAIGN FINANCE REPORT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (a) Any candidate or any other person who shall wilfully and deliberately violate the provisions and prohibitions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00).
(b) In addition to the penalties provided in paragraph (a) of this subsection, any candidate or political committee which is required to file a statement or report which fails to file the statement or report on the date in which it is due may be compelled to file the statement or report by an action in the nature of a mandamus.
(c) A candidate shall not be certified as nominated for election or as elected to office unless and until he files all reports required by this section due as of the date of certification.
(d) A candidate who is elected to office shall not receive any salary or other remuneration for the office unless and until he files all reports required by this section due as of the date the salary or remuneration is payable.
(e) In the event that a candidate fails to timely file any report required pursuant to this section but subsequently files a report or reports containing all of the information required to be reported by him as of the date on which the sanctions of paragraphs (c) and (d) of this subsection would be applied to him, the candidate shall not be subject to the sanctions of said paragraphs (c) and (d).
(f) Any candidate who fails to timely file any report required pursuant to this chapter, but subsequently files a report or reports containing all of the information required to be reported shall be assessed a civil penalty of Twenty-five Dollars ($25.00) per day and part of any day until a report is delivered to the Secretary of State, not to exceed a maximum of ten (10) days.
SECTION 2. 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 3. 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.