MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Municipalities; County Affairs

By: Representatives Hamilton, Ellzey, Maples, McInnis, Endt, Franks, Short, Comans, Miller

AN ACT TO REQUIRE AN ELECTION BEFORE THE EXTENSION OF THE CORPORATE LIMITS OF ANY MUNICIPALITY; TO REQUIRE A PETITION FOR ANNEXATION BEFORE AN ELECTION; TO REQUIRE CERTIFICATION OF PETITION SIGNATURES; TO PROVIDE FOR NOTICE OF THE ELECTION; TO PROVIDE FOR THE CONDUCT OF THE ELECTION; TO PROVIDE FOR THE CERTIFICATION AND PUBLICATION OF THE RESULTS OF THE ELECTION; TO REQUIRE THE FILING OF NOTICE WITH THE SECRETARY OF STATE; TO REPEAL SECTIONS 21-1-27 THROUGH 21-1-39, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES; AND FOR RELATED PURPOSES.  

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

SECTION 1. The governing authorities of any municipality may extend the corporate limits of such municipality in the manner set forth in this act.

SECTION 2. To effect any such extension, a petition shall first be submitted to the governing authorities of the municipality by a majority of the freeholders within the territory proposed to be annexed, accompanied by an adequate description thereof, praying that an election be ordered to see if such territory shall be included in the municipality.

SECTION 3. If the governing authorities of the municipality shall find that the petition filed under Section 2 of this act has been signed by a majority of the freeholders within the territory proposed to be annexed, it may certify that fact to the county election commissioners of the county in which the territory is situated. Such territory shall not be annexed until such certification is made by the governing authorities of the municipality and an election is held in accordance with this act. If so certified, the county election commissioners shall order an

election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such municipality, on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed.

SECTION 4. The county election commissioners shall give at least ten (10) days' notice before the date set for such election by notice signed by the county election commissioners and posted in three (3) conspicuous places within the corporate limits of the municipality and also three (3) conspicuous places within the territory proposed to be annexed to the municipality and by similar notice published ten (10) days before the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed thereto.

SECTION 5. The election so ordered shall be a special election and not a municipal election and shall be held, regulated and conducted in accordance with the laws governing elections in this state, except as otherwise provided in this act. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such election as are required of registered qualified electors to vote in state and county general elections. At such election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for such purpose within the territory proposed to be annexed and in a precinct or precincts to be designated therein by the county election commissioners.

SECTION 6. The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county election commissioners shall certify the result of such election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be in favor of the annexation or if neither gives a majority against the annexation, then the governing body shall publish the result of such election and declare the annexed territory a part of the municipality.

SECTION 7. Any municipality increasing its territory shall file a notice with the Secretary of State describing its new boundaries. Such notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added.

SECTION 8. Sections 21-1-27 through 21-1-39, Mississippi Code of 1972, which relate to the extension or contraction of corporate boundaries, are repealed.

SECTION 9. 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 10. 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.