MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Apportionment and Elections

By: Representative McInnis

AN ACT TO AMEND SECTION 23-15-831, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY VACANCY CREATED IN CERTAIN STATE AND STATE-DISTRICT OFFICES SHALL BE FILLED BY APPOINTMENT UNTIL THE NEXT REGULAR GENERAL ELECTION; TO PROVIDE THAT DURING THE NEXT REGULAR GENERAL ELECTION AFTER A VACANCY OCCURS IN A STATE OR STATE-DISTRICT OFFICE THE VACANT OFFICE SHALL BE FILLED BY ELECTION FOR THE REMAINDER OF THE TERM; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 23-15-831, Mississippi Code of 1972, is amended as follows:

23-15-831. When a vacancy other than in the Legislature shall occur, by death, resignation or otherwise, in any state or state district office, which is elective, and there is no special provision of law for the filling of the vacancy, the office shall be filled * * * by appointment by the Governor. The person appointed to the vacant office shall hold the office until the next regular general election. At the next regular general election the office shall be filled by election and the person elected during such election shall hold the office for the remainder of the unexpired term.

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.