MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Municipalities

By: Representative Broomfield

AN ACT TO AMEND SECTIONS 21-3-7 AND 21-3-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ALDERMAN THAT IS ELECTED FROM THE MUNICIPALITY AT LARGE SHALL SERVE AS THE MAYOR PRO TEMPORE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 21-3-7, Mississippi Code of 1972, is amended as follows:

21-3-7. In all municipalities having a population of less than ten thousand (10,000) according to the latest available federal census, there shall be five (5) aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into four (4) wards, with one (1) alderman to be selected from each ward and one (1) from the municipality at large. In those municipalities which determine to select one (1) alderman from each of the four (4) wards and one (1) alderman from the municipality at large, the alderman elected form the municipality at large shall serve as the mayor pro tempore of the municipality. On a petition of twenty percent (20%) of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of such qualified electors of such municipality voting in a special election called for that purpose. All aldermen shall be selected by vote of the entire electorate of the municipality. Those municipalities which determine to select one (1) alderman from each of the four (4) wards shall select one (1) from the candidates for alderman from each particular ward who shall be a resident of said ward by majority vote of the entire electorate of the municipality.

In all municipalities having a population of ten thousand (10,000) or more, according to the latest available federal census, there shall be seven (7) aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into six (6) wards, with one (1) alderman to be selected from each ward and one (1) from the municipality at large. On a petition of twenty percent (20%) of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of such qualified electors of such municipality voting in a special election called for that purpose. This section in no way affects the number of aldermen, councilmen, or commissioners of any city operating under a special charter. All aldermen shall be selected by vote of the entire electorate of the municipality. Those municipalities which determine to select one (1) alderman from each of the six (6) wards shall select one (1) of the candidates for alderman from each particular ward by majority vote of the entire electorate of the municipality.

SECTION 2. Section 21-3-13, Mississippi Code of 1972, is amended as follows:

21-3-13. The board of aldermen shall elect from among its members a mayor pro tempore, who shall serve in the place of the mayor in cases of temporary absence or disability of the mayor. In those municipalities which determine to select one (1) alderman from each of the four (4) wards and the one (1) alderman from the municipality at large, the alderman elected from the municipality at large shall serve as the mayor pro tempore of the municipality. SECTION 3. This act shall take effect and be in force from and after July 1, 1998.