MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Apportionment and Elections

By: Representative Saucier

AN ACT TO PROVIDE THAT IN ANY PRIMARY, REGULAR, GENERAL OR SPECIAL ELECTION TO FILL ANY STATE, STATE-DISTRICT, COUNTY OR MUNICIPAL OFFICE OR TO FILL THE OFFICES OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES, THE BALLOT SHALL HAVE PRINTED THEREON "NONE OF THE ABOVE NAMED CANDIDATES" FOR WHICH A VOTER MAY CAST HIS OR HER VOTE; TO PROVIDE THAT VOTES CAST FOR "NONE OF THE ABOVE NAMED CANDIDATES" SHALL BE COUNTED, BUT SHALL HAVE NO EFFECT UPON THE OUTCOME OF THE ELECTION; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) In any primary, regular, general or special election held after the effective date of this act to fill any state, state-district, county or municipal office, or to fill the offices of President and Vice President of the United States, the ballot shall have printed thereon following the list of the candidates for the office, the words "NONE OF THE ABOVE NAMED CANDIDATES," along with a box adjacent thereto so that the voter may express his or her preference.

(2) The votes cast for "NONE OF THE ABOVE NAMED CANDIDATES" shall be counted but shall have no effect upon the outcome of the election, except in determining whether or not a candidate has received a majority of the votes cast in the election, or such other number of votes as may be required to declare the candidate a winner or to otherwise further participate in subsequent election runoffs, all votes cast for "NONE OF THE ABOVE NAMED CANDIDATES" shall be subtracted from the total number of votes cast in the election and treated as if the votes had not been cast in the election.

(3) Every sample ballot or other instruction to voters prescribed or approved by the Secretary of State shall clearly explain that the voter may mark his choice of the space "NONE OF THE ABOVE NAMED CANDIDATES" only if he or she has not voted for any candidate for the office. Also, the sample ballot or other instruction to voters must explain that any vote cast for "NONE OF THE ABOVE NAMED CANDIDATES" shall be counted, but shall have no effect upon the outcome of the election.

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.