MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A; Apportionment and Elections

By: Representatives Chaney, King, Holden, Moore, Saucier, Smith (59th), Rotenberry, Formby, Ellington, Cameron, Robertson, Davis, Ishee, Denny, Maples, Johnson, Woods, Williams, Foster, Martinson, Jennings, Janus, Ketchings, Roberson, Barnett (116th), Howell, Read, Wells-Smith

AN ACT TO AMEND SECTION 1 OF CHAPTER 301, LAWS OF 1999, AND SECTIONS 23-15-976 AND 97-13-15, MISSISSIPPI CODE OF 1972, TO ALLOW POLITICAL COMMITTEES TO ENDORSE AND CONTRIBUTE TO JUDICIAL CANDIDATES IN THE SAME MANNER AS CORPORATIONS MAY CONTRIBUTE TO CANDIDATES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 1 of Chapter 301, Laws of 1999, is amended as follows:

Section 1. It shall be unlawful for any individual * * * to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Thousand Five Hundred Dollars ($2,500.00) for the purpose of aiding any candidate or candidate's political committee for judge of a county, circuit or chancery court or in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, or to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Thousand Five Hundred Dollars ($2,500.00) to any candidate or the candidate's political committee for judge of a county, circuit or chancery court or in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, as a contribution to the expense of a candidate for judicial office.

SECTION 2. Section 23-15-976, Mississippi Code of 1972, is amended as follows:

23-15-976. A judicial office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation.

23-15-976. A judicial office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation. The Legislature finds that in order to ensure that campaigns for nonpartisan judicial office remain nonpartisan and without any connection to a political party, political parties and any committee or political committee affiliated with a political party may engage in fund-raising on behalf of a candidate or officeholder of a nonpartisan judicial office, * * * a political party or any committee or political committee affiliated with a political party may make a contribution to a candidate for nonpartisan judicial office or the political committee of a candidate for nonpartisan judicial office, and a political party or any committee or political committee affiliated with a political party may publicly endorse any candidate for nonpartisan judicial office in the manner provided in Section 97-13-15. No candidate or candidate's political committee for nonpartisan judicial office shall accept a contribution from a political party or any committee or political committee affiliated with a political party, except as allowable under Section 97-13-15.

SECTION 3. Section 97-13-15, Mississippi Code of 1972, is amended as follows:

97-13-15. It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties shall be an annual limitation applicable to each calendar year.

97-13-15. It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) per calendar year for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties, candidates and committees or other persons acting in behalf of such candidates shall be an annual limitation applicable to each calendar year. The provisions of this section shall apply to political parties and committees affiliated with political parties in judicial elections governed by Sections 23-15-971 et seq.

SECTION 4. 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 5. 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.