2005 Regular Session
To: Elections; Constitution
By: Senator(s) Dawkins
A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 CREATING A NEW SECTION 255 TO REQUIRE THE GOVERNOR TO CALL A SPECIAL SESSION IN THE FIRST YEAR FOLLOWING THE 2010 DECENNIAL CENSUS AND EVERY TEN YEARS THEREAFTER FOR THE PURPOSE OF REDISTRICTING THE CONGRESSIONAL DISTRICTS OF THIS STATE; TO PROVIDE THAT SUCH REDISTRICTING SHALL BE ACCOMPLISHED BY PASSAGE OF A JOINT RESOLUTION; TO PROVIDE THAT IF THE LEGISLATURE SHALL FAIL TO ADOPT SUCH JOINT RESOLUTION, A FIVE-MEMBER COMMISSION COMPOSED OF THE CHIEF JUSTICE OF THE SUPREME COURT AS CHAIRMAN, THE ATTORNEY GENERAL, THE SECRETARY OF STATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL CONVENE AND WITHIN 30 DAYS OF THE ADJOURNMENT OF SUCH SPECIAL SESSION REDISTRICT THE CONGRESSIONAL DISTRICTS OF THIS STATE; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Section 255. Not later than October 31 in the first year following the 2010 decennial census and every ten (10) years thereafter, the Governor shall call a special session to redistrict by joint resolution the congressional districts of this state in accordance with all applicable constitutional and statutory law. Such special session shall not exceed thirty (30) consecutive days, during which no other business shall be conducted and it shall be the mandatory duty of the Legislature to adopt a joint resolution redistricting the congressional districts of this state. Should such special session not adopt the joint resolution as required by this section, a five-member commission consisting of the Chief Justice of the Supreme Court as chairman, the Attorney General, the Secretary of State, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall immediately convene and within thirty (30) days of the adjournment of such special session redistrict the congressional districts of this state. Such redistricting shall be final upon filing with the Office of the Secretary of State.
BE IT FURTHER RESOLVED, That this proposed amendment 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 2006, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment requires the Governor to call a special session for the purpose of redistricting the state's congressional districts in the year following a decennial census. If the special session adjourns without adopting a joint resolution redistricting the congressional districts, a commission composed of the Chief Justice of the Supreme Court, the Attorney General, the Secretary of State, the Speaker of the House of Representatives and the President Pro Tempore of the Mississippi Senate is required to convene and redistrict the congressional districts."
BE IT FURTHER RESOLVED, That the Attorney General 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.