MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A; Apportionment and Elections

By: Representatives Reeves, Denny, Janus, Mitchell, Warren, Wells-Smith, Scott (80th)

House Bill 993

(As Passed the House)

AN ACT TO PROVIDE THAT POLITICAL PARTIES, POLITICAL ACTION COMMITTEES OR INDIVIDUALS MAY DONATE NOT MORE THAN ONE THOUSAND DOLLARS TO A JUDICIAL CANDIDATE; TO REQUIRE JUDICIAL CANDIDATES TO IDENTIFY ALL MAKERS OF CAMPAIGN LOANS; TO REQUIRE DISCLOSURE OF HOW THE CAMPAIGN LOANS OR OTHER EXTENSIONS OF CREDIT WERE USED, AND HOW AND WHEN THE LOANS OR OTHER EXTENSIONS OF CREDIT ARE TO BE REPAID; TO REGULATE THE SOLICITATION OF CAMPAIGN FUNDS; TO REQUIRE JUDICIAL CANDIDATES TO SIGN AN OATH REGARDING JUDICIAL CAMPAIGNS; TO REQUIRE CAMPAIGN FUNDS REMAINING AFTER THE PAYMENT OF EXPENSES TO BE USED TO ENFORCE CANON 7 OF THE CODE OF JUDICIAL CONDUCT; TO PROHIBIT AN INCUMBENT JUDGE FROM USING COURT PERSONNEL AS WORKERS IN HIS CAMPAIGN ACTIVITIES; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT POLITICAL COMMITTEES SHALL REPORT EXPENDITURES MADE IN SUPPORT OF A CANDIDATE, EVEN IF DONE WITHOUT CONSULTATION WITH THE CANDIDATE; TO REQUIRE JUDICIAL CANDIDATES TO FILE QUARTERLY AND OTHER REPORTS IN JUDICIAL ELECTION YEARS; TO REQUIRE JUDICIAL CANDIDATES TO FAX TEN DAYS, FIVE DAYS AND THE DAY BEFORE THE ELECTION A STATEMENT OF THE CONTRIBUTIONS AND EXPENDITURES MADE WITHIN THE PREVIOUS TWENTY-FOUR HOURS; TO REQUIRE CANDIDATES TO REPORT ALL CONTRIBUTIONS; 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; TO PROHIBIT INCUMBENTS FROM RECEIVING CONTRIBUTIONS UNTIL QUALIFYING FOR REELECTION; TO AMEND SECTIONS 23-15-951 AND 23-15-961, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SUPREME COURT SHALL APPOINT A JUDGE FROM A DIFFERENT DISTRICT TO HEAR AN ELECTION CONTEST; TO PROVIDE THAT JUDICIAL ELECTIONS SHALL BE HELD CONCURRENTLY WITH PARTY PRIMARY ELECTIONS; TO PROVIDE THAT JUDICIAL CANDIDATES WILL REMAIN NONPARTISAN; TO PROVIDE FOR THE RESOLUTION OF ELECTION DAY DISPUTES; TO AMEND SECTIONS 9-4-5, 23-15-191, 23-15-991 AND 23-15-1015, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO REVISE THE ELECTION OF JUSTICE COURT JUDGES; AND FOR RELATED PURPOSES. 

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

SECTION 1. It shall be unlawful for any political party, political action committee or individual to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of One Thousand Dollars ($1,000.00) for the purpose of aiding any candidate for judicial office, or to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of One Thousand Dollars ($1,000.00) to any candidate for judicial office as a contribution to the expense of a candidate for judicial office.

SECTION 2. Judicial candidates shall disclose the identity of any individual or entity from which the candidate receives a loan or other extension of credit for use in his campaign and any cosigners for a loan or extension of credit. The candidate shall disclose how the loan or other extension of credit was used, and how and when the loan or other extension of credit is to be repaid and the method of repayment. The candidate shall disclose all loan documents related to such loans or extensions of credit.

SECTION 3. Judicial candidates or their election committees may accept or solicit campaign contributions beginning forty-five (45) days before the qualifying deadline and may accept or solicit campaign contributions if they have qualified up to the day of the swearing in of the elected judge.

No candidate for any judicial office nor any committee acting for or on such candidate's behalf shall solicit or accept campaign contributions at any time after the deadline for qualifying to seek election to the judicial office if such candidate is unopposed for election to such office.

No candidate for any judicial office nor any committee for or on such candidate's behalf shall expend any campaign funds at any time after the deadline for qualifying to seek election to the judicial office if such candidate is unopposed for election to such office.

SECTION 4. Simultaneously with filing the required documents to seek election for a judicial office, the candidate shall sign the following pledge under oath and under penalty of perjury:

"State of Mississippi

County of ___________

I, (name of candidate) , do solemnly swear or affirm under penalty of perjury that I will faithfully abide by all laws, canons and regulations applicable to elections for judicial office, understanding that a campaign for a judicial office should reflect the dignity, responsibility and professional character that a person chosen for a judicial office should possess.

(signature of candidate)

(name of candidate)

Sworn to and subscribed before me, this the day of , .

Notary Public or other official

authorized to administer oaths" SECTION 5. Any funds of any judicial candidate remaining after the payment of campaign expenses shall be paid over to the Mississippi Bar which shall maintain such funds in a special account to be used only in the enforcement of Canon 7 of the Code of Judicial Conduct. Such payment shall be made no later than the date for commencement of the term of the judicial office sought by the candidate.

SECTION 6. Any material distributed by a judicial candidate or his campaign committee or any other person or entity, or at the request of the candidate, his campaign committee and any other person or entity shall state that it is distributed by the candidate or that it is being distributed with the candidate's approval. All such material shall conspicuously identify who has prepared the material and who is distributing the material. The identifying language shall state whether or not the material has been submitted to and approved by the candidate. If the candidate has not approved the material, the material shall so state. The identity of organizations or committees shall state the names of all officers of such organizations or committees.

SECTION 7. An incumbent judge who is a candidate for judicial office shall not use court personnel as workers in his campaign activities.

SECTION 8. Section 23-15-807, Mississippi Code of 1972, is amended as follows:

23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report may terminate its obligation to report only upon submitting a final report that it will no longer receive any contributions or make any disbursement and that such candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign each such report.

(b) Candidates who are seeking election, or nomination for election, and political committees that make expenditures for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, with or without consultation with the candidates, or balloted measures at such election, shall file the following reports:

(i) In any calendar year during which there is a regularly scheduled election, a preelection report, which shall be filed no later than the seventh day before any election in which such candidate or political committee has accepted contributions or made expenditures and which shall be complete as of the tenth day before such election;

(ii) In 1987 and every fourth year thereafter, periodic reports, which shall be filed no later than the tenth day after May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; * * *

(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year; and

(iv) In judicial elections, monthly reports shall be filed with the Secretary of State by candidates or their political committees for judicial office, in addition to the preelection reports. Ten (10) days, five (5) days and by 4:30 p.m. one (1) day before each judicial election, the candidates for judicial office shall fax reports, followed by a signed copy to be mailed or filed in person, containing a list of all reportable expenditures made and contributions received by the candidate within the previous twenty-four (24) hours.

(c) Contents of reports. Each report under this article shall disclose:

(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee required to be identified pursuant to item (ii) of this paragraph. Such reports shall be cumulative during the calendar year to which they relate;

(ii) The identification of:

1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) when made to a political committee or to a candidate for a judicial office or an office other than statewide office or office elected by Supreme Court district or in excess of Two Hundred Dollars ($200.00) when made to a candidate for statewide office or office elected by Supreme Court district together with the date and amount of any such contribution;

2. Each person or organization who receives an expenditure or expenditures from the reporting candidate or political committee during the reporting period when the expenditure or expenditures to such person or organization within the calendar year * * * when received from a political committee or candidate for a judicial office or an office other than statewide office or office elected by Supreme Court district or * * * when received from a candidate for statewide office or office elected by Supreme Court district together with the date and amount of such expenditure.

* * *

SECTION 9. 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 article 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 section, any candidate or political committee which is required to file a statement or report which fails to file such statement or report on the date in which it is due may be compelled to file such statement or report by an action in the nature of a mandamus.

(c) No candidate shall be certified as nominated for election or as elected to office unless and until he files all reports required by this article due as of the date of certification.

(d) No candidate who is elected to office shall receive any salary or other remuneration for the office unless and until he files all reports required by this article due as of the date such salary or remuneration is payable.

(e) In the event that a candidate fails to timely file any report required pursuant to this article 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 section would be applied to him, such candidate shall not be subject to the sanctions of said paragraphs (c) and (d).

(f) No person who holds any elective office in this state other than a federal elective office shall receive or solicit, or permit any political committee, affiliated organization or other person to receive or solicit, contributions for the purpose of obtaining financial support for that person as a candidate for reelection to the office he holds or for election to some other office in this state during the period beginning on the date that his current term of office begins and continuing until such time as the person has met the qualifications for and has legally qualified as a candidate for the office to which he seeks election or reelection.

(g) Any candidate who fails to timely file or fax 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 Fifty Dollars ($50.00) per day and part of any day until a report is delivered to the Secretary of State.

SECTION 10. Section 23-15-951, Mississippi Code of 1972, is amended as follows:

23-15-951. Except as otherwise provided by Section 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) days after 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; upon the filing of the petition 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 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. Before any election the Supreme Court shall compile a list of judges throughout the state to hear such disputes. It shall be the official duty of the circuit judge or chancellor to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge or chancellor 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 or chancellor 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 court shall * * * 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.

SECTION 11. 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. Such 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 above, 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 such 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 above, such 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. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee. Such 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 from the list provided in Section 23-15-951 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. It shall be the official duty of the circuit judge or chancellor to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge or chancellor 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 or chancellor 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 circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit 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 circuit 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 above 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.

SECTION 12. The judges listed and selected to hear election disputes as provided in Section 23-15-951 shall be available on election day to immediately hear and resolve any election day disputes. The rules for filing pleadings shall be relaxed to carry out the purposes of this section. The judges selected shall perform no other judicial duties on election day. The Supreme Court shall send judges to the sites of disputes but no judge shall hear a dispute in the district, subdistrict or county in which he was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.

SECTION 13. Section 9-4-5, Mississippi Code of 1972, is amended as follows:

9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.

(2) (a) In order to provide that the offices of not more than a majority of the judges of said court shall become vacant at any one (1) time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) congressional districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Court of Appeals each candidate shall state the position number of the office to which he aspires and the election ballots shall so indicate.

(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.

(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.

(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.

(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.

(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.

(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.

(c) In the year prior to the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held at the same time as the party primaries in the congressional district from which the incumbent Court of Appeals judge was elected. The candidates shall remain nonpartisan candidates, but will be elected at the same time the party primaries are being held. Each party shall provide the necessary nonpartisan designation and ballots for judicial elections at all voting locations. At the election there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.

(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his election and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding such election.

(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term prior to the election to fill the remainder of said term according to provisions of Section 23-15-849, Mississippi Code of 1972.

SECTION 14. 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 such office; provided also it be a majority of all the votes cast for that office. If no candidate receives 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. Each party shall provide the necessary nonpartisan designation and ballots for voting in judicial elections at all voting places.

The names of all candidates for the office of justice court judge shall appear on the ballot at the primary elections, but the names shall be grouped together on a separate portion of the ballot.

Except as may be provided by the provisions of this act, the general laws for the election of state officers shall apply to and govern the election of justice court judges.

The name of an unopposed candidate for the office of justice court judge shall be placed on the primary election ballot.

Any candidate who receives the highest popular vote cast for the office of justice court judge during the first election shall thereby be declared elected to the office; provided it is a majority of all the votes cast for that office. If a candidate does not receive a majority of the popular votes in the first election, then the two (2) candidates who receive the highest popular vote for the office shall have their names submitted as the candidates in the general election, and the candidate who receives the highest popular vote during such election shall be declared the winner.

In any election for the office of justice court judge, all qualified electors, regardless of party affiliation or lack thereof, shall be qualified to vote for candidates for the office of justice court judge.

SECTION 15. Section 23-15-991, Mississippi Code of 1972, is amended as follows:

23-15-991. The term of office of judges of the Supreme Court shall be eight (8) years. Concurrently with the party primary elections held next preceding the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the Supreme Court district from which such incumbent was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires. The candidates for the office of judge of the Supreme Court shall remain nonpartisan candidates, but the election will be held at the same time as party primaries are being held. The parties shall provide the necessary nonpartisan designation and ballots for judicial elections at all voting locations.

SECTION 16. Section 23-15-1015, Mississippi Code of 1972, is amended as follows:

23-15-1015. On Tuesday after the first Monday in November 1998, and every four (4) years thereafter and concurrently with the party primary elections, there shall be held an election in every county for judges of the several circuit and chancery court districts. The candidates for the office of circuit judge or chancellor shall remain nonpartisan candidates, but the election will be held at the same time as party primaries are being held. The laws regulating the general elections shall, except as otherwise provided for in Sections 23-15-974 through 23-15-985, apply to and govern elections of judges of the circuit and chancery courts.

SECTION 17. 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 18. 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.