Lost

AMENDMENT NO 2 PROPOSED TO

Cmte Sub for Senate Resolution No.    3

BY: Senator(s) Bryan

     AMEND line 56 by changing the colon to a semicolon and by inserting the word "and" thereafter.

     FURTHER AMEND by striking lines 57 through 70 and insert in lieu thereof the following:

     WHEREAS, 565 un-initialed ballots were cast at the General Election in Precinct 94 of Senate District 29, and of these votes, 487 were cast for Thomas, 66 were cast for White and 12 contained no votes for candidates in Senate District 29; and

     WHEREAS, 102 un-initialed ballots were cast at the General Election for Senate District 29 in Precincts 8, 9, 91, 92, 93, B2, C2 and TE, and of these votes, 58 were cast for Thomas, 42 were cast for White and 2 contained no votes for candidates in Senate District 29; and

     WHEREAS, because the number of un-initialed ballots cast at these precincts is not great and the election was conducted at these precincts without any significant problems, the Senate can remove the un-initialed ballots from the vote totals in the precincts; and

     WHEREAS, 151 voters in Precinct 93B of Senate District 28 were allowed to vote at the General Election in Senate District 29 because a voting device was improperly programmed, and of these votes, 83 were cast for Thomas and 68 were cast for White; and

     WHEREAS, the removal from the certified General Election results for Senate District 29 of all the votes cast at the General Election in Precinct 94, of the un-initialed ballots cast in Precincts 8, 9, 91, 92, 93, B2, C2 and TE and of the votes cast by voters from Precinct 93B, results in 7,920 votes for Thomas and 8,545 for White; and

     WHEREAS, a special election should be called in Precinct 94 and the results of the special election in Precinct 94 of Senate District 29 should be added to the revised results of the election to determine who should be seated in Senate District 29:

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, That the Senate finds that the Honorable Dwayne Thomas cannot be seated and hereby orders that a special election shall be held in Precinct 94 by the Hinds County Election Commission for the office of State Senator for District 29 on Tuesday, February 10, 2004, between the Honorable Dewayne Thomas and the Honorable Richard White.

     BE IT FURTHER RESOLVED, That the Hinds County Election Commission shall revise the final General Election vote totals in District 29 Senate race by:

          (a)  Removing the votes cast in Precinct 94;

          (b)  By removing the votes cast by un-initialed ballots in Precincts 8, 9, 91, 92, 93, B2, C2 and TE;

          (c)  By removing the votes cast by electors from Precinct 93B; and

          (d)  By including the results from the Tuesday, February 10, 2004, special election in Precinct 94 ordered by this resolution.

     BE IT FURTHER RESOLVED, That the Hinds County Election Commission shall be responsible for conducting the special election in accordance with the terms of this resolution and all applicable state laws not in conflict with the terms of this resolution.