MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Apportionment and Elections
By: Representative Wilson
AN ACT TO AMEND SECTIONS 23-15-191, 23-15-193, 23-15-299, 23-15-881, 5-3-55, 7-5-1, 9-11-2, 19-3-1, 19-25-1, 65-1-5 AND 77-1-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE OFFICERS ELECTED AT THE ELECTION HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER 2023 SHALL HOLD OFFICE FOR ONLY THREE YEARS IN ORDER TO MOVE STATE AND COUNTY GENERAL ELECTIONS TO THE SAME TIME AS CONGRESSIONAL ELECTIONS, STARTING WITH THE 2026 ELECTION; TO BRING FORWARD SECTIONS 23-15-153, 23-15-213, 23-15-833, 23-15-963 AND 37-3-9, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first Tuesday * * * in June
preceding any regular or general election; and the second primary shall be held
three (3) weeks thereafter. The candidate that receives a majority of the
votes cast in the election shall be the party nominee. If no candidate
receives a majority vote at the election, then the two (2) candidates who
receive the highest number of votes shall have their names placed on the ballot
for the second primary election to be held three (3) weeks later. The
candidate who receives the most votes in the second primary election shall be
the party nominee. However, if no candidate receives a majority vote at the
first primary, and there is a tie in the election of those receiving the next
highest vote, then those candidates receiving the next highest vote and the
candidate receiving the highest vote shall have their names placed on the
ballot for the second primary election to be held three (3) weeks later, and whoever
receives the most votes cast in the second primary election shall be the party
nominee.
SECTION 2. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2024, this section shall read as follows:]
23-15-193. At the election * * * held
on the first Tuesday after the first Monday in November 2019, there shall
be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of
Public Accounts, State Treasurer, Attorney General, three (3) public service
commissioners, three (3) Mississippi Transportation Commissioners, Commissioner
of Insurance, Commissioner of Agriculture and Commerce, Senators and members of
the House of Representatives in the Legislature, district attorneys for the
several districts, clerks of the circuit and chancery courts of the several
counties, as well as sheriffs, coroners, assessors, surveyors and members of
the boards of supervisors, justice court judges and constables, and all other
officers to be elected by the people at the general state election. All such
officers shall hold their offices for a term of four (4) years, and until their
successors are elected and qualified. The state officers shall be elected in
the manner prescribed in Section 140 of the Constitution.
[From January 1, 2024, until January 1, 2027, this section shall read as follows:]
23-15-193. At the election held on the first Tuesday after the first Monday in November 2023, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of three (3) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
[From and after January 1, 2027, this section shall read as follows:]
23-15-193. At the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
SECTION 3. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a)
Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297
shall be paid by each candidate who seeks a nomination in the political party
election to the secretary of the state executive committee with which the
candidate is affiliated by 5:00 p.m. on * * * January 1 of the year in which the
primary election for the office is held or on the date of the qualifying
deadline provided by statute for the office, whichever is earlier; however, no
such assessments may be paid before January 1 of the year in which the primary
election for the office is held. If * * * January 1 or the date of the
qualifying deadline provided by statute for the office occurs on a Saturday,
Sunday or legal holiday, then the assessments required to be paid by this
paragraph (1)(a) shall be paid by 5:00 p.m. on the business day immediately
following the Saturday, Sunday or legal holiday.
(b) Assessments made
pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 shall be paid by
each independent candidate or special election candidate to the Secretary of
State by 5:00 p.m. on * * *
January 1 of the year in which the primary election for the office is
held or on the date of the qualifying deadline provided by statute for the
office, whichever is earlier; however, no such assessments may be paid before
January 1 of the year in which the primary election for the office is held. If * * * January 1 or the date of the
qualifying deadline provided by statute for the office occurs on a Saturday,
Sunday or legal holiday, then the assessments required to be paid by this
paragraph (1)(b) shall be paid by 5:00 p.m. on the business day immediately
following the Saturday, Sunday or legal holiday.
(2) (a) Assessments made
pursuant to paragraphs (d) and (e) of Section 23-15-297, shall be paid by each
candidate who seeks a nomination in the political party election to the circuit
clerk of that candidate's county of residence by 5:00 p.m. on * * * January 1 of the year in which the
primary election for the office is held or on the date of the qualifying
deadline provided by statute for the office, whichever is earlier; however, no
such assessments may be paid before January 1 of the year in which the election
for the office is held. If * * * January 1 or the date of the
qualifying deadline provided by statute for the office occurs on a Saturday,
Sunday or legal holiday, then the assessments required to be paid by this
paragraph (2)(a) shall be paid by 5:00 p.m. on the business day immediately
following the Saturday, Sunday or legal holiday. The circuit clerk shall
forward the fee and all necessary information to the secretary of the proper
county executive committee within two (2) business days. No candidate may
attempt to qualify with any political party that does not have a duly organized
county executive committee, and the circuit clerk shall not accept any
assessments paid for nonlegislative offices pursuant to paragraphs (d) and (e)
of Section 23-15-297 if the circuit clerk does not have contact information for
the secretary of the county executive committee for that political party.
(b) Assessments made
pursuant to paragraphs (d) and (e) of Section 23-15-297 shall be paid by each
independent candidate or special election candidate to the circuit clerk of
that candidate's county of residence by 5:00 p.m. on * * * January 1 of the year in which the
primary election for the office is held or on the date of the qualifying deadline
provided by statute for the office, whichever is earlier; however, no such
assessments may be paid before January 1 of the year in which the primary
election for the office is held. If * * * January 1 or the date of the
qualifying deadline provided by statute for the office occurs on a Saturday,
Sunday or legal holiday, then the assessments required to be paid by this
paragraph (2)(b) shall be paid by 5:00 p.m. on the business day immediately
following the Saturday, Sunday or legal holiday. The circuit clerk shall
forward the fee and all necessary information to the secretary of the proper
county election commission within two (2) business days.
(3) (a) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (3)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (3)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, if applicable, the email address of the candidate, if any, and the office for which he or she is a candidate.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot or the general election ballot.
(5) The Secretary of State or the secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which the candidate making payment is running and the political party with which he or she is affiliated, if applicable, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold the funds to be finally disposed of by order of their respective executive committees. The funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committee members, and of their secretary and may pay the secretary such salary as may be reasonable. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(7) Upon receipt of the proper fee and all necessary information, the proper executive committee or the Secretary of State, whichever is applicable, shall then determine at the time of the qualifying deadline, unless otherwise provided by law, whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and whether each candidate meets all other qualifications to hold the office he or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office. The proper executive committee or the Secretary of State, whichever is applicable, shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee or the Secretary of State, whichever is applicable, shall also determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless the offense also involved misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. If the proper executive committee or the Secretary of State, whichever is applicable, finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he or she seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove that he or she meets all qualifications to hold the office subject to no contingencies, then the name of that candidate shall not be placed upon the ballot. If the proper executive committee or the Secretary of State, whichever is applicable, determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee or the Secretary of State, whichever is applicable, when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 4. Section 23-15-881, Mississippi Code of 1972, is amended as follows:
23-15-881. It shall be
unlawful for the Mississippi Transportation Commission or any member of the
Mississippi Transportation Commission, or the board of supervisors of any
county or any member of the board of supervisors of such county, to employ,
during the months of * * *
March, * * *
April, * * *
May and * * *
June of any year in which a general primary election is held for the
nomination and election of members of the Mississippi Transportation Commission
and members of the boards of supervisors, a greater number of persons to work
and maintain the state highways, in any highway district, or the public roads,
in any supervisors district of the county, as the case may be, than the average
number of persons employed for similar purposes in such highway district or
supervisors district, as the case may be, during the months of * * * March, * * * April, * * * May and * * * June of the three (3) years
immediately preceding the year in which such general primary election is held.
It shall be unlawful for the Mississippi Transportation Commission, or the
board of supervisors of any county, to expend out of the state highway funds,
or the road funds of the county or any supervisors district thereof, as the
case may be, in the payment of wages or other compensation for labor performed
in working and maintaining the highways of any highway district, or the public
roads of any supervisors district of the county, as the case may be, during the
months of * * *
March, * * *
April, * * *
May and * * *
June of such election year, a total amount in excess of the average
total amount expended for such labor, in such highway district or supervisors
district, as the case may be, during the corresponding four-month period of the
three (3) years immediately preceding.
It shall be the duty of the
Mississippi Transportation Commission and the board of supervisors of each
county, respectively, to keep sufficient records of the numbers of employees
and expenditures made for labor on the state highways of each highway district,
and the public roads of each supervisors district, for the months of * * * March, * * * April, * * * May and * * * June of each year, to show the
number of persons employed for such work in each highway district and each
supervisors district, as the case may be, during said four-month period, and
the total amount expended in the payment of salaries and other compensation to
such employees, so that it may be ascertained, from an examination of such
records, whether or not the provisions of this chapter have been violated.
SECTION 5. Section 5-3-55, Mississippi Code of 1972, is amended as follows:
5-3-55. The committee shall
be composed of seven (7) members from the Senate and seven (7) members from the
House of Representatives, one (1) from each of the congressional districts of
the State of Mississippi as they currently exist and three (3) from the state
at large, to be appointed by the Lieutenant Governor and the Speaker of the
House of Representatives for a term concurrent with their term in their
respective house. For the remainder of the present term, the Lieutenant
Governor and Speaker shall make their respective appointments within fifteen
(15) days after sine die adjournment of the 2004 Regular Session; and for each
full four-year term thereafter and the three-year term that will run from
January 1, 2024, until January 1, 2027, the Lieutenant Governor and Speaker
shall make their appointments within fifteen (15) days after the first calendar
day of the regular session in the first year of such * * * terms. The term
of each member shall be concurrent with his or her term of office.
The committee shall meet no
later than ten (10) days after the final day of the 2004 Regular Session, and
annually thereafter, for the purpose of organizing by electing from the
membership a * * *
chair, vice * * *
chair and secretary.
SECTION 6. Section 7-5-1, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2024, this section shall read as follows:]
7-5-1. The Attorney General
provided for by Section 173 of the Mississippi Constitution shall be elected at
the * * *
election held on the first Tuesday after the first Monday in November 2019,
and in the same manner as the Governor is elected. His term of office shall be
four (4) years and his compensation shall be fixed by the Legislature. He
shall be the chief legal officer and advisor for the state, both civil and
criminal, and is charged with managing all litigation on behalf of the state,
except as otherwise specifically provided by law. No arm or agency of the
state government shall bring or defend a suit against another arm or agency
without prior written approval of the Attorney General. He shall have the
powers of the Attorney General at common law and, except as otherwise provided
by law, is given the sole power to bring or defend a lawsuit on behalf of a
state agency, the subject matter of which is of statewide interest. He shall
intervene and argue the constitutionality of any statute when notified of a
challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His
qualifications for office shall be as provided for chancery and circuit judges
in Section 154 of the Mississippi Constitution.
[From January 1, 2024, until January 1, 2027, this section shall read as follows:]
7-5-1. The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the election held on the first Tuesday after the first Monday in November 2023, and in the same manner as the Governor is elected. His term of office shall be three (3) years and his compensation shall be fixed by the Legislature. He shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. No arm or agency of the state government shall bring or defend a suit against another arm or agency without prior written approval of the Attorney General. He shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest. He shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.
[From and after January 1, 2027, this section shall read as follows:]
7-5-1. The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, and in the same manner as the Governor is elected. His term of office shall be four (4) years and his compensation shall be fixed by the Legislature. He shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. No arm or agency of the state government shall bring or defend a suit against another arm or agency without prior written approval of the Attorney General. He shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest. He shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.
SECTION 7. Section 9-11-2, Mississippi Code of 1972, is amended as follows:
9-11-2. (1) * * * There shall be
a competent number of justice court judges in each county of the state. The
number of justice court judges for each county shall be determined as follows:
(a) In counties with a population, according to the latest federal decennial census, of thirty-five thousand (35,000) and less, there shall be two (2) justice court judges unless the board of supervisors, by resolution duly spread upon its minutes, finds that one (1) justice court judge is a competent number to adequately handle the needs of the citizens of the county.
(b) In counties with a population, according to the latest federal decennial census, of more than thirty-five thousand (35,000) and less than seventy thousand (70,000), there shall be three (3) justice court judges, unless the board of supervisors, by resolution duly spread upon its minutes, finds that two (2) is a competent number of justice court judges to adequately handle the needs of the citizens of the county.
(c) In counties with a population, according to the latest federal decennial census, of seventy thousand (70,000) and less than one hundred fifty thousand (150,000), there shall be four (4) justice court judges, unless the board of supervisors, by resolution duly spread upon its minutes, finds that three (3) is a competent number of justice court judges to adequately handle the needs of the citizens of the county.
(d) In counties with a population, according to the latest federal decennial census, of one hundred fifty thousand (150,000) and more, there shall be five (5) justice court judges, unless the board of supervisors, by resolution duly spread upon its minutes, finds that four (4) is a competent number of justice court judges to adequately handle the needs of the citizens of the county.
(2) The board of supervisors shall establish single member election districts in the county for the election of each of the justice court judges authorized and required to be elected for the county under the provisions of subsection (1) of this section, and one (1) justice court judge shall be elected for each district by the electors thereof. In any county authorized and required under the provisions of subsection (1)(a) of this section to provide for the election of two (2) justice court judges for the county in which there are two (2) judicial districts, the smaller of such judicial districts, according to population based upon the latest federal decennial census, shall comprise or shall be wholly encompassed within one (1) of such election districts.
(3) (a) Nothing in this section shall be construed to authorize or require more than five (5) justice court judges in any one (1) county from and after January 1, 1984, nor to authorize or require an increase in the number of justice court judges for any county during the term of office of any justice court judge.
(b) Nothing in this section shall be construed to authorize or require a county to decrease the number of justice court judge positions in the county as of June 30, 2014.
SECTION 8. Section 19-3-1, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2024, this section shall read as follows:]
19-3-1. Each county shall
be divided into five (5) districts, with due regard to equality of population
and convenience of situation for the election of members of the boards of
supervisors, but the districts as now existing shall continue until changed.
The qualified electors of each district shall elect, at the * * *
election held on the first Tuesday after the first Monday in November 2019,
in their districts one (1) member of the board of supervisors. Subject to the
provisions of Section 23-15-285, the board, by a three-fifths (3/5) vote of all
members elected, may change the districts, the boundaries to be
entered at large in the minutes of the proceedings of the board. Provided,
however, that such changed boundaries shall in as far as possible conform as to
natural, visible artificial boundaries, such as streets, highways, railroads,
rivers, lakes, bayous or other obvious lines of demarcation, except county
lines and municipal corporate limits.
If the boundaries of the districts are changed by order of the board of supervisors as provided in this section, the order shall be published in a newspaper having general circulation in the county once each week for three (3) consecutive weeks.
[From January 1, 2024, until January 1, 2027, this section shall read as follows:]
19-3-1. Each county shall be divided into five (5) districts, with due regard to equality of population and convenience of situation for the election of members of the boards of supervisors, but the districts as now existing shall continue until changed. The qualified electors of each district shall elect, at the election held on the first Tuesday after the first Monday in November 2023, in their districts one (1) member of the board of supervisors, whose term of office shall be three (3) years. Subject to the provisions of Section 23-15-285, the board, by a three-fifths (3/5) vote of all members elected, may change the districts, the boundaries to be entered at large in the minutes of the proceedings of the board. Provided, however, that such changed boundaries shall in as far as possible conform as to natural, visible artificial boundaries, such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, except county lines and municipal corporate limits.
If the boundaries of the districts are changed by order of the board of supervisors as provided in this section, the order shall be published in a newspaper having general circulation in the county once each week for three (3) consecutive weeks.
[From and after January 1, 2027, this section shall read as follows:]
19-3-1. Each county shall be divided into five (5) districts, with due regard to equality of population and convenience of situation for the election of members of the boards of supervisors, but the districts as now existing shall continue until changed. The qualified electors of each district shall elect, at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, in their districts one (1) member of the board of supervisors, whose term of office shall be four (4) years. Subject to the provisions of Section 23-15-285, the board, by a three-fifths (3/5) vote of all members elected, may change the districts, the boundaries to be entered at-large in the minutes of the proceedings of the board. Provided, however, that such changed boundaries shall in as far as possible conform as to natural, visible artificial boundaries, such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, except county lines and municipal corporate limits.
If the boundaries of the districts are changed by order of the board of supervisors as provided in this section, the order shall be published in a newspaper having general circulation in the county once each week for three (3) consecutive weeks.
SECTION 9. Section 19-25-1, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2024, this section shall read as follows:]
19-25-1. At the election held on the first Tuesday after the first Monday in November 2019, there shall be chosen one (1) sheriff for each county, who shall be commissioned by the Governor. The sheriff shall continue in office for the term of four (4) years and until his successor shall be qualified, unless sooner removed. Before he enters upon the duties of his office he shall take the oath prescribed by the Constitution, and give bond as prescribed by Section 19-25-5.
[From January 1, 2024, until January 1, 2027, this section shall read as follows:]
19-25-1. At the election held on the first Tuesday after the first Monday in November 2023, there shall be chosen one (1) sheriff for each county, who shall be commissioned by the Governor. The sheriff shall continue in office for the term of three (3) years and until his successor shall be qualified, unless sooner removed. Before he enters upon the duties of his office he shall take the oath prescribed by the Constitution, and give bond as prescribed by Section 19-25-5.
[From and after January 1, 2027, this section shall read as follows:]
19-25-1. At the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, there shall be chosen one (1) sheriff for each county, who shall be commissioned by the Governor. The sheriff shall continue in office for the term of four (4) years and until his successor shall be qualified, unless sooner removed. Before he enters upon the duties of his office he shall take the oath prescribed by the Constitution, and give bond as prescribed by Section 19-25-5.
SECTION 10. Section 65-1-5, Mississippi Code of 1972, is amended as follows:
65-1-5. When the
transportation commissioners enter upon the duties of their office, the
Transportation Commission shall meet and organize by the election of one (1) of
its members to serve as chairman of the commission for the * * * term for which the commissioner
shall have been elected. The commission, a majority of which shall constitute
a quorum, shall meet in regular session on the second Tuesday of each month at
the office of the commission in Jackson, Mississippi; however, the commission
may meet in regular session not more than three (3) times each year at such
other location as may be set by the commission. At such regular
sessions the commission may hear, continue and determine any and all matters
coming before it. The commission may hold special sessions at the call of the
executive director or the chairman at such times and places in this state as
either of them may deem necessary. At such special sessions it may hear,
continue, consider and determine any and all matters coming before it, provided
that at least five (5) days' notice of such meetings shall be given to all the
members of the commission beforehand. A special session may be called at any
time without the foregoing notice, or any notice, if by and with the unanimous
consent of all the members of the commission, but such unanimous consent shall
be spread at large on the minutes of the commission. If any session is held at
a location other than at the commission's office in Jackson, Mississippi, the
commission shall make provisions to allow public participation in the meeting
by appearing at the Jackson office.
The Mississippi Transportation Commission shall act as a legal entity, and shall only speak through its minutes, and in all matters shall act as a unit. Any action on the part of any member of the commission separately shall not bind the commission as a unit, but such individual member only shall be liable personally on his official bond.
The Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction of the subject matter of any such suit. In any suit against the Mississippi Transportation Commission service of process shall be had by serving the secretary of the commission with such process; and a copy of the declaration, petition or bill of complaint, or other initial pleading shall be handed the secretary along with the process.
SECTION 11. Section 77-1-1, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2024, this section shall read as follows:]
77-1-1. A public service
commission, hereinafter referred to in this chapter as the commission, is
hereby created, consisting of three (3) members, one (1) to be elected from
each of the three (3) Supreme Court districts by the qualified electors of such
district. Elections for such officers shall be * * * at the general election * * *
held on the first Tuesday after the first Monday in November 2019, and
the terms of office of the three (3) commissioners elected at the general
election * * * shall be four (4) years.
The commissioners shall each receive a yearly salary fixed by the Legislature, payable monthly.
The commissioners shall each possess the qualifications prescribed for the Secretary of State. The commissioners shall not operate, own any stock in, or be in the employment of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under their jurisdiction or supervision.
[From January 1, 2024, until January 1, 2027, this section shall read as follows:]
77-1-1. A public service commission, hereinafter referred to in this chapter as the commission, is hereby created, consisting of three (3) members, one (1) to be elected from each of the three (3) Supreme Court districts by the qualified electors of such district. Elections for such officers shall be at the general election held on the first Tuesday after the first Monday in November 2023, and the terms of office of the three (3) commissioners elected at the general election shall be three (3) years.
The commissioners shall each receive a yearly salary fixed by the Legislature, payable monthly.
The commissioners shall each possess the qualifications prescribed for the Secretary of State. The commissioners shall not operate, own any stock in, or be in the employment of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under their jurisdiction or supervision.
[From and after January 1, 2027, this section shall read as follows:]
77-1-1. A public service commission, hereinafter referred to in this chapter as the commission, is hereby created, consisting of three (3) members, one (1) to be elected from each of the three (3) Supreme Court districts by the qualified electors of such district. Elections for such officers shall be held in the general election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, and the terms of office of the three (3) commissioners elected at the general election shall be four (4) years.
The commissioners shall each receive a yearly salary fixed by the Legislature, payable monthly.
The commissioners shall each possess the qualifications prescribed for the Secretary of State. The commissioners shall not operate, own any stock in, or be in the employment of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under their jurisdiction or supervision.
SECTION 12. Section 23-15-153, Mississippi Code of 1972, is brought forward as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, for not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
(5) The election commissioners shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
(7) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information.
(8) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections.
(9) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day.
(10) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $84.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239.
SECTION 13. Section 23-15-213, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2028, this section shall read as follows:]
23-15-213. (1) At the general election in 2020 and every four (4) years thereafter, there shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
(2) The qualified electors of each supervisors district shall elect, at the general election in 2020, in their district one (1) election commissioner. The election commissioners from board of supervisors' Districts One, Three and Five shall serve for a term of four (4) years. The election commissioners from board of supervisors' Districts Two and Four shall serve for a term of six (6) years. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) Upon taking office, the county election commissioners shall organize by electing a chair and a secretary.
(6) It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.
[From and after January 1, 2032, this section shall read as follows:]
23-15-213. (1) There shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
(2) (a) At the general election in 2032 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts One, Three and Five shall elect in their district one (1) election commissioner.
(b) At the general election in 2034 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts Two and Four shall elect in their district one (1) election commissioner.
(c) No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) In the first meeting in January of each year, the county election commissioners shall organize by electing a chair and a secretary, who shall serve a one (1) year term. The county election commissioners shall provide the names of the chair and secretary to the Secretary of State and provide notice of any change in officers which may occur during the year.
(6) It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.
SECTION 14. Section 23-15-833, Mississippi Code of 1972, is brought forward as follows:
23-15-833. Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, a runoff election shall be held three (3) weeks after the election. The two (2) candidates who receive the highest popular votes for the office shall have their names submitted as the candidates to the runoff and the candidate who leads in the runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in the runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
SECTION 15. Section 23-15-963, Mississippi Code of 1972, is brought forward as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for municipal office elected on the date designated by law for regular municipal elections, shall file a petition specifically setting forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309, Mississippi Code of 1972. Such petition shall be filed with the municipal commissioners of election, being the same body with whom the candidate in question qualified pursuant to Section 23-15-361, Mississippi Code of 1972.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by the action or inaction of the appropriate election officials may file a petition for judicial review to the circuit court of the county in which the election officials whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate election officials. Such person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(7) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(8) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(9) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office who qualified pursuant to the provisions of Sections 23-15-359, 23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged prior to the time of his election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 16. Section 37-3-9, Mississippi Code of 1972, is brought forward as follows:
37-3-9. (1) There shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure. He shall be the Chief Administrative Officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education. The State Superintendent of Education, serving on July 1, 2011, shall continue to receive the salary that he was receiving on January 1, 2011. From and after the completion of the term of the said superintendent serving on July 1, 2011, the salary of the State Superintendent of Education shall be established by the State Board of Education. The State Superintendent of Public Education shall have at least a master's degree in any field and a minimum of five (5) years' experience in administration in the educational field.
(2) The State Superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law. The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.
SECTION 17. This act shall take effect and be in force from and after July 1 in the year following the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in H.C.R. 5, 2018 Regular Session.