MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Apportionment and Elections

By: Representative Green (72nd)

AN ACT TO PROVIDE THAT IF AN ELECTED OFFICIAL CHANGES POLITICAL PARTIES DURING HIS TERM OF OFFICE, HE SHALL RESIGN HIS OFFICE AND THE OFFICE SHALL BE DECLARED VACANT, UNLESS THE CHANGE OCCURS WITHIN SIX MONTHS OF A REGULAR ELECTION TO FILL THAT OFFICE; AND FOR RELATED PURPOSES. 

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

SECTION 1. 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 elected official shall resign his office and 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 regular election will be held to fill the office he currently holds within six (6) months of the candidate changing political parties.

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.