MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Polk, Doty, Moran, Younger, Massey, Parks, Seymour, Blackwell, Parker, McDaniel
AN ACT TO CREATE SECTION 23-15-299.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY PERSON WHO IS A CANDIDATE FOR ANY PUBLIC OFFICE FROM APPEARING IN PUBLICLY FUNDED ADVERTISEMENTS DURING THE YEAR OF THE STATEWIDE GENERAL ELECTION; TO PROVIDE THAT THOSE CANDIDATES WHO VIOLATE THE PROHIBITION SHALL BE DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE UNTIL THE NEXT STATEWIDE GENERAL ELECTION; TO AMEND SECTIONS 23-15-297, 23-15-299, 23-15-359 AND 23-15-977, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 23-15-299.1, Mississippi Code of 1972:
23-15-299.1. (1) For the purposes of this section, these words and phrases are defined as follows:
(a) "Advertisement" means material, content, display or publication related to any state agency or local governmental entity or any service available through any state agency or local governmental entity that is: (i) disseminated by radio, Internet or television; or (ii) printed in any newspaper, magazine, billboard or placard; and (iii) paid for with federal, state agency or local governmental funds. The term "advertisement" shall not include items such as newsletters, public information pamphlets, public information on the official websites of state agencies or local governmental entities, directional signage, stationery, letterhead or business cards.
(b) "Agency" is defined in Section 25-17-1(a).
(c) "Local governmental entity" is defined in Section 25-17-1(b).
(2) A person who is a candidate for election to the same or another public office shall not permit the use of his name, voice or likeness in any advertisement during the year of the state general election. When the person pays the required fee to enter an election for any public office to the proper official, he shall also file an affidavit stating that he has not violated the provisions of this section.
(3) No state agency or local governmental entity shall expend funds for advertisements that use the name, voice or likeness of any person who is a candidate for election to any public office during the period set forth in subsection (2) of this section.
SECTION 2. (1) Any person elected to the same or another public office who fails to file an affidavit stating that he has not violated the provisions of Section 23-15-299.1 may be compelled to file the affidavit by an action in the nature of a mandamus. Unless and until he files the required affidavit, the person:
(a) Shall not be certified as nominated for election or as elected to office;
(b) Shall not receive any salary or other remuneration for the office.
(2) A person elected to the same or another public office who fails to file the affidavit by the date his salary or renumeration is payable shall be in willful and deliberate and substantial violation of the provisions and prohibitions of Section 23-15-299.1 and shall be guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer than six (6) months or by both fine and imprisonment.
(3) Any person elected to the same or another public office who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of Section 23-15-299.1 to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable.
(4) The Secretary of State shall notify the Attorney General of those candidates in violation of subsection (2) or (3) of this section, and the Attorney General, upon receiving the notice, shall prosecute the candidates. A conviction under subsection (2) or (3) of this section shall disqualify the candidate from holding the office to which he was elected or any other public office until the date of the statewide general election next occurring after the violation. The conviction may be appealed to the Supreme Court in the manner provided by law on an expedited basis.
SECTION 3. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. (1) All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election and all independent candidates and special election candidates shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for Governor, One Thousand Dollars ($1,000.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, Five Hundred Dollars ($500.00).
(c) Candidates for district attorney, State Senator and State Representative, Two Hundred Fifty Dollars ($250.00).
(d) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, One Hundred Dollars ($100.00).
(f) Candidates for United States Senator, One Thousand Dollars ($1,000.00).
(g) Candidates for United States Representative, Five Hundred Dollars ($500.00).
(2) All candidates upon entering the race for party nominations for office shall also file the affidavit required under Section 23-15-299.1 with the proper official as provided for in Section 23-15-299 stating that the candidate has not permitted the use of his or her name, voice or likeness in any advertisement during the year of the state general election.
SECTION 4. 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 March 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 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 (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 March 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 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 (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 March 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 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 (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 March 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 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 (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 the affidavit required under Section 23-15-299.1, 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 affidavits and 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 affidavit and 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 affidavit 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, the required affidavit 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. The proper executive committee or the Secretary of
State, whichever is applicable, shall determine whether the candidate has filed
the affidavit required under Section 23-15-299.1. 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, * * *
(c) has been convicted of a felony as described in this subsection, and not
pardoned, or (d) has not filed the affidavit required under Section 23-15-299.1,
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 5. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as
provided in this section, the ballot shall contain the names of all party nominees
certified by the appropriate executive committee, and independent and special
election candidates who have timely filed petitions containing the required
signatures * * *,
paid the assessments * * *that must be paid pursuant to required under Section 23-15-297, * * * and filed the affidavit required
under Section 23-15-299.1. All candidates and nominees must meet
all of the qualifications to hold the office sought to be placed on the
ballot. A petition requesting that an independent or special election
candidate's name be placed on the ballot for any office shall be filed as
provided for in subsection (3) or (4) of this section, as appropriate, and
shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the petition or fee, whichever is applicable, required above shall be filed as provided for in subsection (3), (4) or (5) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and the names shall be listed under the name of the political party that candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of the political party. In the event the candidate qualifies as an independent as provided in this section, he or she shall be listed on the ballot as an independent candidate.
(b) The name of an
independent or special election candidate who dies before the printing of the
ballots * * * or
who does not file the affidavit required under Section 23-15-299.1 by the
applicable deadline shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the Secretary of State by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners of all persons who have filed petitions with the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(5) The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(6) The election commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of the local issue must be filed with the election commissioners by the appropriate governing authority not less than sixty (60) days before the date of the election.
(7) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(8) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the Secretary of State and signed by not less than fifty (50) qualified electors.
(9) The appropriate election
commission shall determine whether each candidate is a qualified elector of the
state, state district, county or county district 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 election
commission shall determine whether the candidate has taken the steps necessary
to qualify for more than one (1) office at the election. The election
commission also shall 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. The
appropriate election commission shall determine whether the candidate has filed
the affidavit required under Section 23-15-299.1. If the appropriate
election commission 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, * * * (c) has been convicted of a felony as
described in this subsection, and not pardoned, or (d) has not filed the
affidavit required under Section 23-15-299.1, then the election commission
shall notify the candidate and give the candidate an opportunity to be heard.
The election commission 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 such candidate shall not be placed upon the ballot. If the
appropriate election commission 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.
(10) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, only one (1) person has duly qualified to be a candidate for the office in the general election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (9) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(11) The petition required by this section may not be filed by using the Internet.
SECTION 6. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate and the affidavit required under Section 23-15-299.1 with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May before 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).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held. Candidates for judicial office must file the affidavit required under Section 23-15-299.1, except that the candidate must affirm that he or she has not permitted the use of his or her name, voice or likeness during the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their 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 their 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 election commissioners of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his or her intent to be a candidate for a judicial office and that person later dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person later dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 7. This act shall take effect and be in force from and after its passage.