1997 Regular Session
By: Representatives Reeves, Denny, Janus, Mitchell, Scott (80th), Warren, Wells-Smith
House Concurrent Resolution 47
A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 102, 140 AND 252, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT, UNLESS PRESCRIBED BY LAW, GENERAL ELECTIONS FOR ALL STATE AND COUNTY ELECTIVE OFFICERS SHALL BE HELD ON THE FIRST SATURDAY AFTER THE FIRST FRIDAY IN NOVEMBER, A.D. 1999, AND EVERY FOUR YEARS THEREAFTER; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:
Amend Section 102, Mississippi Constitution of 1890, to read as follows:
"Section 102. Except as otherwise prescribed by general law, all general elections for state and county officers shall commence and be held every four (4) years, on the first Saturday after the first Friday in November * * *. The electors, in all cases except in cases of treason, felony, and breach of peace, shall be privileged from arrest during their attendance at elections and in going to and returning therefrom."
Amend Section 140, Mississippi Constitution of 1890, to read as follows:
"Section 140. The Governor of the state shall be chosen in the following manner: On the first Saturday after the first Friday of November of A.D. 1999, and on the first Saturday after the first Friday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes." In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature.
The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected."
Amend Section 252, Mississippi Constitution of 1890 to read as follows:
"Section 252. Except as otherwise prescribed by general law, the term of office of all elective officers under this Constitution shall be four (4) years, except as otherwise provided herein. Except as otherwise prescribed by general law, a general election for all elective officers shall be held on the Saturday next after the first Friday of November, A.D. 1999, and every four (4) years thereafter."
BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 1997, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment amends three sections of the Constitution to provide that, unless otherwise prescribed by general law, general elections for state and county elective officers shall be held on the first Saturday after the first Friday in November 1999, and every four years thereafter."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, 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.