HB0446_S_Amend

SECTION 1. (1) There is hereby created a joint study committee to examine the election of justice court judges. The joint committee shall consist of the Chairman of the Senate Elections Committee and five (5) members of the Senate Elections Committee appointed by the Lieutenant Governor, and the Chairman of the House Apportionment and Elections Committee and five (5) members of the House Apportionment and Elections Committee appointed by the Speaker of the House. The Chairman of the Senate Elections Committee and the Chairman of the House Apportionment and Elections Committee shall serve as co-chairmen of the joint committee. The joint committee shall examine all aspects of the election of justice court judges and shall, in addition to any other aspects of the election the joint committee may choose to examine the election of justice court judges on a nonpartisan basis.

(2) The joint committee shall make a report of its findings and recommendations, including necessary legislation, to the Legislature on December 1, 2002.

(3) The joint committee shall meet on the call of the co-chairmen and shall organize by selecting from its membership a vice chairman who shall also serve as secretary and shall be responsible for keeping all records of the joint committee. A majority of the members of the joint committee shall constitute a quorum. All members shall be notified in writing of all meetings and such notices shall be mailed at least five (5) days prior to the date on which a meeting is to be held.

(4) Members of the committee shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.

(5) All state agencies shall cooperate with the joint committee in providing information and resources necessary for the joint committee to make its study.

(6) The joint committee shall utilize the staff of the Legislature and any other assistance made available to it.

(7) Upon presentation of its report the joint committee shall be dissolved.

SECTION 2. Section 9-5-7, Mississippi Code of 1972, is amended as follows:

9-5-7. There shall be three (3) chancellors for the First Chancery Court District. For purposes of appointment and election the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

SECTION 3. Section 9-5-13, Mississippi Code of 1972, is amended as follows:

9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.

(2) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. For purposes of appointment and election the two (2) chancellorships in Subdistrict 3-2 shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 4. Section 9-5-22, Mississippi Code of 1972, is amended as follows:

9-5-22. There shall be two (2) chancellors for the Sixth Chancery Court District. For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 5. Section 9-5-40, Mississippi Code of 1972, is amended as follows:

9-5-40. There shall be two (2) judges for the Twelfth Chancery Court District. For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 6. Section 9-5-54, Mississippi Code of 1972, is amended as follows:

9-5-54. There shall be two (2) chancellors for the Eighteenth Chancery Court District. For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 7. Section 9-7-7, Mississippi Code of 1972, is amended as follows:

9-7-7. (1) There shall be three (3) judges for the First Circuit Court District.

(2) For the purposes of appointment and election the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

SECTION 8. Section 9-7-14, Mississippi Code of 1972, is amended as follows:

9-7-14. (1) There shall be two (2) circuit judges for the Third Circuit Court District.

(2) For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 9. Section 9-7-20, Mississippi Code of 1972, is amended as follows:

9-7-20. (1) There shall be two (2) judges for the Fifth Circuit Court District.

(2) For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 10. Section 9-7-32, Mississippi Code of 1972, is amended as follows:

9-7-32. (1) There shall be two (2) judges for the Tenth Circuit Court District.

(2) For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 11. Section 9-7-39, Mississippi Code of 1972, is amended as follows:

9-7-39. (1) The Fourteenth Circuit Court District shall be comprised of the following counties:

(a) Lincoln County;

(b) Pike County; and

(2) There shall be two (2) judges for the Fourteenth Circuit Court District.

(3) For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

(4) For the purpose of elections after the 2002 regular election for judges, in addition to the two (2) judgeships created in subsection (2) of this section, there shall be one (1) additional judgeship. For the purpose of the election of the judgeship created in this subsection, the following subdistrict is created to be composed of the following precincts in the following counties:

(a) Lincoln County: Alexander Jr. High, East Lincoln, Forrestry, Fair River, Government Complex, High School, Little Bahala, Big Springs, New Pearlhaven, Brignal, Rogers Circle, Enterprise, Bogue Chitto, Ruth and Norfield Precincts;

(b) Pike County: Precincts 4, 6, 14, 20, 16, 7, 10, 10A, 6A, 2, 3, 11, 12, 13, 17 and 18; and

(c) Walthall County: West Tylertown, North Knoxo, Sartinville, Darbun, Varnell, District 4 West, Enon, Dinan, Hope and St. Paul Precincts.

SECTION 12. Section 9-7-42, Mississippi Code of 1972, is amended as follows:

9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District.

(2) For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 13. Section 9-7-43, Mississippi Code of 1972, is amended as follows:

9-7-43. (1) The Sixteenth Circuit Court District shall be comprised of the following counties:

(a) Clay County;

(b) Lowndes County;

(d) Oktibbeha County.

(2) For the purpose of elections after the 2002 regular election for judges, the Sixteenth Circuit Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 16-1 shall be composed of Lowndes County.

(b) Subdistrict 16-2 shall be composed of Oktibbeha County.

SECTION 14. Section 9-7-44, Mississippi Code of 1972, is amended as follows:

9-7-44. (1) Through November 30, 2002, there shall be two (2) judges for the Sixteenth Circuit Court District.

(2) From and after December 1, 2002, there shall be three (3) judges for the Sixteenth Circuit Court District.

(3) The initial holder of the third judgeship created by subsection (2) of this section shall be appointed by the Governor for a term to expire at the same time as the expiration of the terms of circuit judges elected at the November 2002 election.

SECTION 15. Section 9-7-45, Mississippi Code of 1972, is amended as follows:

9-7-45. The Seventeenth Circuit Court District shall be divided into three (3) subdistricts as follows:

(a) Subdistrict 17-1 shall consist of DeSoto County; * * *

(b) Subdistrict 17-2 shall consist of * * * Tate County and the following precincts from Panola County: East Sardis, East Como, Pleasant Mount, Cold Springs, Pope, Courtland, Batesville 3, Coles Point, North Springport, South Springport, Eureka, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A and East Batesville 5; and

(c) Subdistrict 17-3 shall consist of Tallahatchie County, Yalobusha County and the following precincts from Panola County: West Sardis, West Como, Longtown, Crenshaw, Pleasant Grove, South Sardis, Belmont-Hebron, Curtis, North Asa, East Crowder, Tocowa and North Batesville B.

SECTION 16. Section 9-7-46, Mississippi Code of 1972, is amended as follows:

9-7-46. (1) There shall be three (3) circuit judges for the Seventeenth Circuit Court District.

(2) For the purpose of appointment and election, the three (3) judgeships shall be separate and distinct, and one (1) judge shall be elected from each subdistrict.

SECTION 17. Section 9-7-54, Mississippi Code of 1972, is amended as follows:

9-7-54. (1) There shall be two (2) judges for the Twentieth Circuit Court District.

(2) For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

SECTION 18. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

[Through December 31, 2002, this section shall read as follows:]

23-15-977. (1) All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in June prior to the general election for judicial office and shall pay to the proper officials the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.

(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate filed with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.

[From and after January 1, 2003, this section shall read as follows:]

23-15-977. (1) All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

SECTION 19. Section 9-1-103, Mississippi Code of 1972, is amended as follows:

9-1-103. Unless otherwise provided by law, whenever a vacancy shall occur in any judicial office by reason of death of an incumbent, resignation or retirement of an incumbent, removal of an incumbent from office, or creation of a new judicial office in which there has not heretofore been an incumbent, the Governor shall have the authority to appoint a qualified person to fill such vacancy to serve for the unexpired term or until such vacancy is filled by election as provided in Section 23-15-849, Mississippi Code of 1972. When a vacancy shall occur for any of the reasons enumerated in this section, the clerk of the court shall notify the Governor of such vacancy immediately.

SECTION 20. Section 23-15-849, Mississippi Code of 1972, is amended as follows:

23-15-849. (1) Unless otherwise provided by law, vacancies in the office of judge of the Supreme Court or Court of Appeals or circuit judge, or chancellor, shall be filled for the unexpired term by the qualified electors at the next regular election for state officers or for representatives in Congress occurring more than nine (9) months after the existence of the vacancy to be filled, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following his election. Except as may be otherwise provided by law, upon the occurring of such a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof until the vacancy shall be filled by election as * * * provided in this subsection.

(2) Elections to fill vacancies in the office of judge of the Supreme Court or Court of Appeals shall be held, conducted, returned and the persons elected commissioned in accordance with the law governing regular elections for judges of the Supreme Court or Court of Appeals insofar as they may be applicable.

SECTION 21. Sections 23-15-982 and 23-15-983, Mississippi Code of 1972, which provide for the calculation of the vote in multijudge districts in which candidates run "in the herd," are repealed.

SECTION 22. If any section of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections of this act shall be in no manner affected thereby but shall remain in full force and effect.

SECTION 23. 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 24. 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, whichever date is later.