MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections

By: Representative Cummings

AN ACT TO PROVIDE THAT IF AFTER THE QUALIFYING DEADLINE, BUT BEFORE THE PRIMARY ELECTION, A CANDIDATE FOR NOMINATION IN A PRIMARY ELECTION DIES, OR WITHDRAWS OR RESIGNS DUE TO NONPOLITICAL REASONS AND A VACANCY OCCURS IN THE PRIMARY ELECTION, THEN THE EXECUTIVE COMMITTEE SHALL APPOINT A NOMINEE FOR THE OFFICE; TO PROVIDE THAT A CANDIDATE WHO WITHDRAWS FOR NONPOLITICAL REASONS SHALL SUBMIT AN AFFIDAVIT TO THE STATE PARTY CHAIRMAN OF THE CANDIDATE'S PARTY AND THE STATE BOARD OF ELECTION COMMISSIONERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) If after the qualifying deadline, but before the primary election, any candidate for nomination in a primary election dies or who withdraws or resigns from his candidacy for a legitimate nonpolitical reason as defined in Section 23-15-317, and the death, withdrawal or resignation causes a vacancy on the ballot for the office for which the candidate qualified in the primary election, then the municipal, county or state executive committee with which the candidate qualified as a candidate for the primary election shall appoint a nominee for the office. Within two (2) days after the nomination is made by the appropriate executive committee, the committee shall formally notify the Secretary of State of the name of the nominee. The Secretary of State shall thereupon officially notify the appropriate officials charged with conducting the election for the office wherein the vacancy occurred of the name of the nominee. All nominations made pursuant to the provisions of this section shall have the same force and effect and shall entitle the nominee to all rights and privileges that would accrue to him as if he had been nominated in the regular primary election. The nominee shall have his name submitted as his party's nominee in the general election.

(2) Any candidate who withdraws based upon a "legitimate nonpolitical reason" which is not covered by the definition in Section 23-15-317, shall have the strict burden of proof for his reason.

(3) A candidate who wishes to withdraw or resign for a legitimate nonpolitical reason shall submit his reason by sworn affidavit. The affidavit shall be filed with the state party chairman of the candidate's party and the State Board of Election Commissioners. No substitution of candidates shall be authorized, except for death or disqualification, unless the State Board of Election Commissioners approves the affidavit as constituting a "legitimate nonpolitical reason" for the candidate's withdrawal or resignation within five (5) days of the date the affidavit is submitted to the board.

(4) Immediately upon approval or disapproval of the affidavit, the State Board of Election Commissioners shall notify the respective executive committee of same.

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.