2003 Regular Session
To: Apportionment and Elections
By: Representative Horne, Jennings, Markham, Rogers, Smith (59th), Masterson, Reynolds, Warren, Dedeaux, Guice
AN ACT TO PROHIBIT ANY PERSON FROM RECEIVING, EXPENDING OR SOLICITING CAMPAIGN CONTRIBUTIONS DURING ANY SPECIAL OR REGULAR LEGISLATIVE SESSION; TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. No person shall solicit, give or receive campaign contributions in or on the grounds of the New Capitol.
SECTION 2. Except as otherwise provided in this section, the Governor, the Lieutenant Governor, any member of the Legislature, or any political committee organized in support thereof, shall not receive campaign contributions during any regular or special legislative sessions. This prohibition shall not apply to a regular or special legislative session occurring during the fourth year of a four-year term.
SECTION 3. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (a) Any candidate or any other person who shall wilfully and deliberately and substantially violate the provisions and prohibitions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer than six (6) months or by both fine and imprisonment. In addition to the penalty prescribed in this paragraph, any person who shall violate Section 1 or 2 of this act shall be required to pay any campaign contributions or other monies unlawfully received to the State Treasurer for immediate deposit in the State General Fund.
(b) In addition to the penalties provided in paragraph (a) of this section, any candidate or political committee which is required to file a statement or report which fails to file such statement or report on the date in which it is due may be compelled to file such statement or report by an action in the nature of a mandamus.
(c) No candidate shall be certified as nominated for election or as elected to office unless and until he files all reports required by this article due as of the date of certification.
(d) No candidate who is elected to office shall receive any salary or other remuneration for the office unless and until he files all reports required by this article due as of the date such salary or remuneration is payable.
(e) In the event that a candidate fails to timely file any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported by him as of the date on which the sanctions of paragraphs (c) and (d) of this section would be applied to him, such candidate shall not be subject to the sanctions of said paragraphs (c) and (d).
SECTION 4. Sections 1 and 2 of this act shall be codified in Article 23, Chapter 15, Title 23, Mississippi Code of 1972.
SECTION 5. 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 6. 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.