2004 Regular Session
To: Apportionment and Elections
By: Representative Gunn, Ellington, Fillingane, Staples
AN ACT TO AMEND SECTION 23-15-593, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COUNTY EXECUTIVE COMMITTEE, THE STATE EXECUTIVE COMMITTEE OR THE COUNTY ELECTION COMMISSION TO MAKE ANY DETERMINATION THAT IS LAWFULLY JUST WHEN IRREGULARITIES EXIST WITH THE BALLOT BOX; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-593, Mississippi Code of 1972, is amended as follows:
23-15-593. When the ballot box is opened and examined by the county executive committee in the case of a primary election, or county election commissioners in the case of other elections, and it is found that there have been failures in material particulars * * * to such an extent that it is impossible to arrive at the will of the voters at the precinct, the entire box may be thrown out unless it be made to appear with reasonable certainty that the irregularities were * * * deliberately permitted or engaged in by the managers at that box, or by one (1) of them responsible for the wrong or wrongs, for the purpose of electing or defeating a certain candidate or candidates by manipulating the election or the returns thereof at that box in such manner as to have it thrown out; in which latter case, the county executive committee, the state executive committee or the county election commission, as appropriate, shall conduct such hearing and make such determination in respect to said box, as may appear lawfully just, subject to a judicial review of said matter as elsewhere provided by this chapter. When such failures in material particulars are found, the county executive committee, the state executive committee, or the election commission, or the court upon review, may order another election to be held at that box appointing new managers to hold the same.
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 the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.