2005 Regular Session
By: Senator(s) Flowers
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A CANDIDATE CHARGED WITH A VIOLATION OF CAMPAIGN FINANCE LAW SHALL BE TRIED IN THE COUNTY WHERE THE CAMPAIGN FINANCE REPORT WAS PREPARED OR THE COUNTY OF RESIDENCE OF THE CANDIDATE; AND FOR RELATED PURPOSES.
NOW, THEREFORE, 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:
Amend Section 26, Mississippi Constitution of 1890, to read as follows:
Section 26. In all criminal prosecutions the accused shall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was committed, except that a candidate for public office charged a violation of campaign finance law shall be tried in the county in which the campaign finance report was prepared or the county of residence of the candidate; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication, sodomy or crime against nature the court may, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial. Notwithstanding any other provisions of this Constitution, the Legislature may enact laws establishing a state grand jury with the authority to return indictments regardless of the county where the crime was committed. The subject matter jurisdiction of a state grand jury is limited to criminal violations of the Mississippi Uniform Controlled Substances Law or any other crime involving narcotics, dangerous drugs or controlled substances, or any crime arising out of or in connection with a violation of the Mississippi Uniform Controlled Substances Law or a crime involving narcotics, dangerous drugs or controlled substances if the crime occurs within more than one (1) circuit court district of the state or transpires or has significance in more than one (1) circuit court district of the state. The venue for the trial of indictments returned by a state grand jury shall be as prescribed by general law.
BE IT FURTHER RESOLVED, That the amendments in this resolution shall be submitted 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 the amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that a candidate for public office charged a violation of campaign finance law shall be tried in the county where the campaign finance report was prepared or in the county of residence of the candidate."
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.