***Adopted***

AMENDMENT No. 5 TO AMENDMENT No. 1 PROPOSED TO

                             House Bill NO. 446

                             By Senator(s) Turner


     AMEND by striking Section 14 in its entirety and renumber subsequent section(s) accordingly.

     AMEND by striking Section 21 and inserting in lieu thereof the following and renumber subsequent section(s) accordingly:

     SECTION *.  Section 23-15-982, Mississippi Code of 1972, is amended as follows:

     23-15-982.  (1)  Majority of vote equals any excess of the total vote for all candidates divided by the number of judgeships to be filled divided by two (2).

     If some or all candidates in a multijudge election do not receive a majority of the vote, then candidates equal in number to twice the number of remaining positions to be filled and having the highest votes shall run in a runoff election.  In such event, if there is not a sufficient number of remaining candidates equal to twice the number of remaining positions to be filled, then all remaining candidates shall run in the runoff election.

     (2)  Any tie votes which require resolution to determine who shall enter a runoff election shall be determined by the commissioners of election in the manner prescribed by Sections 23-15-601 and 23-15-605.

     Candidates equal to the remaining number of positions to be filled who have the highest votes in the runoff election are elected.

     Any tie votes which must be determined in order to decide who is elected as a result of a runoff election shall be determined by the State Election Commission in the manner prescribed by Sections 23-15-601 and 23-15-605.

     (3)  The provisions of this section shall apply only to the Sixteenth Circuit Court District.

     SECTION *.  Section 23-15-983, Mississippi Code of 1972, is amended as follows:

     23-15-983.  At the general election, the candidates equal to the number of positions to be filled and having the highest votes shall be elected.

     Any tie votes in the general election which must be resolved in order to determine who is elected shall be resolved in the manner prescribed by Sections 23-15-601 and 23-15-605.

     The provisions of this section shall apply only to the Sixteenth Circuit Court District.

     FURTHER, AMEND the title to conform.