1998 Regular Session
By: Senator(s) Harden
Senate Bill 3079
(As Passed the Senate)
AN ACT TO AMEND SECTION 23-15-217, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTION COMMISSIONERS TO BECOME A CANDIDATE FOR ANOTHER OFFICE IF THE OFFICE IS VACATED AND A SPECIAL ELECTION IS NEEDED, AND IF THE ELECTION COMMISSIONER HAS TAKEN NO ACTION AS AN ELECTION COMMISSIONER WITH REFERENCE TO THE ELECTION AT WHICH THE VACANCY IS TO BE FILLED; TO PROVIDE THAT AN ELECTION COMMISSIONER WHO QUALIFIES AS A CANDIDATE FOR THE VACANCY SHALL BE REMOVED FROM THE OFFICE OF ELECTION COMMISSIONER AT THE TIME OF SUCH QUALIFICATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-217, Mississippi Code of 1972, is amended as follows:
23-15-217. (1) A commissioner of election of any county may be a candidate for any other office at any election held or to be held during the four-year term for which he has been elected to the office of commissioner of election or with reference to which he has acted as such; provided that he has resigned from the office of election commissioner before January 1 of the year in which he desires to seek the office. However, if the office sought by the election commissioner is vacant and requires the calling of a special election, an election commissioner may be a candidate in that special election if the election commissioner has taken no action as an election commissioner with reference to the election at which the vacancy is to be filled. An election commissioner who qualifies as a candidate for a vacancy in office that requires the calling of a special election shall be removed from the office of election commissioner at the time he qualifies as a candidate for such vacancy in office.
(2) In any case involving the election of a county election commissioner wherein there is a contest of any nature including, but not limited to, the right of any person to vote or the counting of any challenge ballot, all the duties and powers of the commission in connection with said contest shall be performed by the board of supervisors, as is contemplated by Section 23-15-215 in cases where there are no commissioners of election in the county.
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.