MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Apportionment and Elections
By: Representative Clarke (By Request), Dickson, Evans, Fleming, Green, Huddleston, Myers, Thomas, Wallace, West, Whittington
AN ACT TO REQUIRE ELECTED OFFICIALS WHO CHANGE POLITICAL PARTY AFFILIATION TO RETURN ALL CONTRIBUTIONS, GIVEN TO OR MADE ON BEHALF OF THE ELECTED OFFICIAL BY A POLITICAL PARTY, TO THE POLITICAL PARTY THE ELECTED OFFICIAL LEAVES; TO REQUIRE THE SECRETARY OF STATE TO DETERMINE THE TOTAL AMOUNT OF CONTRIBUTIONS OWED TO A POLITICAL PARTY; TO PROVIDE PENALTIES FOR AN ELECTED OFFICIAL WHO FAILS TO BEGIN SUCH PAYMENTS TIMELY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any elected official who changes his or her political party affiliation shall return to the political party that he or she is leaving all contributions given to the elected official by the political party and all expenditures made by the political party on behalf of the elected official. A "change in political party affiliation" occurs when:
(a) Any elected official publicly declares that he or she is leaving the political party with which he or she was affiliated when he or she was elected to office;
(b) Any elected official publicly declares that he or she is becoming a member of a political party which is different from the political party with which he or she was affiliated at the time of election; or
(c) Any elected official affiliates himself or herself, in the written statement required under Section 23-15-299(4)(a), with a political party that is different from the political party affiliation in the written statement provided on the qualifying deadline for the office that he or she holds at the time he or she qualifies.
(2) The Office of the Secretary of State shall determine the total amount of contributions and expenditures that must be returned to the political party, create a plan for repayment of the contributions and expenditures to the political party and designate the date an elected official is to begin payment to the political party.
The Secretary of State shall compute the total amount of contributions and expenditures owed to a political party by using the report filed by a political party required under subsection (3) of this section, and the reports required under Section 23-15-807(b). The reports required under Section 23-15-807(b) shall cover the following periods:
(a) Preelection reports covering the period from the qualifying deadline date of the office the elected official holds to the date the elected official changed political party affiliation.
(b) Periodic reports covering the period from the qualifying deadline date of the office the elected official holds to the date the elected official changed political party affiliation.
(c) Calendar year reports covering the period from the qualifying deadline date of the office the elected official holds to the date the elected official changed political party affiliation.
(3) (a) The political party to which the contributions and expenditures are to be returned shall file a report with the Office of the Secretary of State showing the total amount of contributions given to or expenditures made on behalf of the elected official. The report shall cover the period from the qualifying deadline date of the office the elected official holds to the date the elected official changed political party affiliation.
(b) The report must be filed within thirty (30) days after the date the elected official publicly declares that he or she is leaving a political party or within thirty (30) days after the qualifying deadline for the office for which the candidate is qualifying.
(4) (a) The elected official shall begin payment of the amount of contributions and expenditures owed to a political party within thirty (30) days of the date designated by the Secretary of State to begin payment to the political party. The elected official shall provide payment on any dates provided in the Secretary of State's repayment plan on the dates designated.
(b) If the official fails to begin timely payment as required under paragraph (a) of this subsection, he or she shall be subject to a civil penalty of One Hundred Dollars ($100.00) per day until payment is made.
(c) The Attorney General shall collect the civil penalties and may institute suit to collect the penalties. All civil penalties must be deposited into the State General Fund.
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 July 1, 2003, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 2003, 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.