2004 Regular Session
By: Senator(s) Bryan
A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY AMENDING SECTION 140 TO PROVIDE THAT THE GOVERNOR SHALL BE ELECTED AT A GENERAL ELECTION AND THE PERSON RECEIVING THE HIGHEST NUMBER OF POPULAR VOTES AND AT LEAST 40% OF THE TOTAL VOTES CAST SHALL BE ELECTED; TO REQUIRE A RUNOFF ELECTION IF NO PERSON RECEIVES THE REQUIRED VOTES; TO REPEAL SECTION 141 MISSISSIPPI CONSTITUTION OF 1890, TO ABOLISH THE REQUIREMENT THAT THE GOVERNOR BE ELECTED BY VOTE OF THE HOUSE OF REPRESENTATIVES IF NO PERSON RECEIVES BOTH A MAJORITY OF THE POPULAR VOTE AND A MAJORITY OF THE ELECTORAL VOTES; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:
Amend Section 140, Mississippi Constitution of 1890, to read as follows:
Section 140. The Governor of the state shall be elected by the people in a general election to be held on the first Tuesday after the first Monday of November of A.D. 2007, and on the first Tuesday after the first Monday of November in every fourth yearthereafter. * * * The person receiving the highest number of votes and at least forty percent (40%) of the total votes cast in the election for the office shall be declared elected.
If no person receives the required number of votes to be elected, then a runoff election shall be held between the two (2) persons who received the highest number of votes as provided by law.
* * *
Amend the Mississippi Constitution of 1890 by repealing Section 141 which reads as follows:
Section 141. If no person shall receive such majorities, then the House of Representatives shall proceed to choose a Governor from the two (2) persons who shall have received the highest number of popular votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted.
BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2004, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the Governor shall be elected at the general election and the person receiving the highest number of popular votes and at least forty percent (40%) of the total votes cast for that office shall be declared elected Governor. If no person receives the vote required to be elected, then a runoff election shall be held between the two (2) persons receiving the highest number of votes."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, 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.