2006 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Albritton
AN ACT TO AMEND SECTION 9-7-42, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL JUDGE FOR THE FIFTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON MAY BE A CANDIDATE FOR ONLY ONE JUDICIAL POST IN A SINGLE ELECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-7-42, Mississippi Code of 1972, is amended as follows:
9-7-42. (1) There shall be three (3) judges for the Fifteenth Circuit Court District.
(2) For purposes of appointment and election, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."
(3) The initial holder of the "Place Three" judgeship shall be elected in the regular election of November 2006; candidates therefor shall qualify to run not later than forty-five (45) days before that election. The person elected shall begin the term of office in January of 2007 at the same time as circuit judges generally, and there shall be no vacancy of the office before that time. The three (3) judges shall otherwise be elected, and any vacancy in office filled, as provided for circuit judges generally.
SECTION 2. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file the intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file the intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file the intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed * * * intent to be a candidate with, and paid the proper assessment to, the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(4) A candidate may qualify for only one (1) judicial office.
SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, 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.
SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.