MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections

By: Representatives Franks, Holden, Evans, Dedeaux, Henderson (26th), Cummings, Hudson, Nettles

House Bill 1176

AN ACT TO PROVIDE THAT ELECTED OFFICES SHALL BE DECLARED VACANT IF THE ELECTED OFFICIAL CHANGES PARTIES DURING HIS TERM OF OFFICE UNLESS THE CHANGE OCCURS IN THE LAST YEAR OF A TERM; TO REQUIRE ANNUAL REGISTRATION; TO PROVIDE THAT THE REGISTRATION RECORDS OF POLITICAL PARTIES SHALL BE OPEN TO THE PUBLIC; AND FOR RELATED PURPOSES. 

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

SECTION 1. All elected officials in the state who are members of a political party and who are elected as a party candidate shall register by February 1 of each year with a political party in the state or by January 1 of an election year when running for reelection to the office the official currently holds or for election to another office. If an elected official registers with a political party during his term of office that is a different political party from the political party to which he paid qualifying fees as a candidate for the office he currently holds, then the office to which he was elected shall be declared vacant immediately by the Secretary of State or by the proper election commission, and the office shall be filled by special election or as otherwise provided by law. Registering with a different political party for reelection to the office the official currently holds or for election to another office shall not render an office vacant if a candidate is qualifying for the office in the last year of his current term of office. The annual party registration records shall be maintained by all political parties and shall be open to the public.

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.