Senate Resolution 3

A RESOLUTION TO ADOPT A REMEDY TO THE ELECTION CONTEST FOR MISSISSIPPI SENATE DISTRICT 29 OF THE MISSISSIPPI STATE SENATE.

WHEREAS, on or about November 25, 2003, the Hinds County Commissioners of Election certified the election of Dwayne Thomas as Senator for Mississippi Senate District 29; and

WHEREAS, on December 5, 2003, Richard White filed with the Secretary of the Senate a Petition to Contest the Election for Mississippi State Senate District 29; and

WHEREAS, Section 38, Mississippi Constitution of 1890, provides that each house of the Legislature "...shall judge of the qualifications, return and election of its own members"; and

WHEREAS, Section 23-15-955 provides that the legislative resolution of election contests involving Senate and House of Representative seats "...shall be conducted in accordance with procedures and precedents established by the House of Representatives or the Senate as the case may be. Such procedures and precedents may be found in the Journals of the House of Representatives and of the State Senate and/or in the published Rules of the House of Representatives and of the State Senate"; and

WHEREAS, on January 6, 2004, the Senate adopted Senate Resolution No. 2 which established a special committee and charged it with the duty of investigating and proposing to the Senate a remedy to the election contest for District 29 in the form of a resolution; and

WHEREAS, on January 7, 2004, pursuant to Senate Resolution No. 2, the Lieutenant Governor appointed Senators Burton (Chairman), Doxey, Hyde-Smith, Posey and Robertson to serve on the Special Committee to Investigate the Election Contest for Senate District 29 of the Mississippi Senate; and

WHEREAS, on January 8, 2004, the special committee met, organized and scheduled hearings on the election contest for Senate District 29 to begin on January 14, 2004; and

WHEREAS, the Special Committee to Investigate the Election Contest for Senate District 29 of the Mississippi Senate conducted evidentiary hearings on the election contest:

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI,....