MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education
By: Representative Sanford
AN ACT TO AMEND SECTIONS 37-5-9 AND 37-7-711, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN A CONTEST FOR OFFICE OF BOARD OF EDUCATION TRUSTEES, THE PERSON IN EACH RESPECTIVE SUPERVISORS DISTRICT WHO RECEIVES THE MAJORITY OF VOTES CAST FOR THE POSITION SOUGHT SHALL BE DECLARED THE WINNER; TO PROVIDE FOR A RUNOFF BETWEEN THE TWO CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES IN INSTANCES WHERE NEITHER CANDIDATE RECEIVES THE MAJORITY OF VOTES CAST IN THE ELECTION; TO PROVIDE THAT THE RUNOFF ELECTION SHALL OCCUR THREE WEEKS AFTER THE FIRST ELECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. The name of any
qualified elector who is a candidate for the county board of education shall be
placed on the ballot used in the general elections by the county election
commissioners, provided that the candidate files with the county election
commissioners, not more than ninety (90) days and not less than sixty (60) days
prior to the date of such general election, a petition of nomination signed by
not less than fifty (50) qualified electors of the county residing within each
supervisors district. Where there are less than one hundred (100) qualified
electors in said supervisors district, it shall only be required that said
petition of nomination be signed by at least twenty percent (20%) of the
qualified electors of such supervisors district. The candidate in each
supervisors district who receives the * * * majority of votes cast in
the district shall be declared elected. If no candidate receives a majority
of the votes cast at the election, a runoff shall be held between the two (2)
candidates receiving the highest number of votes in the first election. The
runoff election, in the event that such is necessary, shall be held three (3)
weeks after the first election.
When any member of the
county board of education is to be elected from the county at large under the
provisions of this chapter, then the petition required by the preceding
paragraph hereof shall be signed by the required number of qualified electors
residing in any part of the county outside of the territory embraced within a
municipal separate school district or special municipal separate school
district. The candidate who receives the * * * majority of votes cast in
the election shall be declared elected. If no candidate receives a majority
of the votes cast at the election, a runoff shall be held between the two (2)
candidates receiving the highest number of votes in the first election. The
runoff election, in the event that such is necessary, shall be held three (3)
weeks after the first election.
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 2. Section 37-7-711, Mississippi Code of 1972, is amended as follows:
37-7-711. In all such
special municipal separate school districts which may be so organized,
reorganized or reconstituted to embrace the entire county in which the majority
of the inhabitants of the county reside outside the corporate limits of the
municipality, the name of any qualified elector who is a candidate for the
board of trustees of such special municipal separate school district, whether
such person be a candidate for an unexpired term or for a full term, shall be
placed on the ballot used in the elections, provided that the candidate files
with the county election commissioners, not more than ninety (90) days and not
less than sixty (60) days prior to the date of such general election, a
petition of nomination signed by not less than fifty (50) qualified electors of
the county. Where there are less than one hundred (100) qualified electors in
said area represented by the trustee, it shall only be required that said
petition of nomination be signed by at least twenty percent (20%) of the
qualified electors in said area. * * * However, * * * in any such special municipal separate
school district which embraces the entire county and which borders the
Mississippi River and in which Interstate Highway 20 and United States Highway
61 intersect and having a population in excess of forty-seven thousand (47,000)
according to the 1990 federal decennial census, the candidate shall be required
to file a petition of nomination with the county election commissioners not
less than sixty (60) days prior to the date of such general election, in
addition to the other requirements prescribed herein.
The candidate in each
election who receives the * * *highest number majority of votes cast in the election
shall be declared to have been elected. If no candidate receives a majority
of the votes cast at the election, a runoff shall be held between the two (2)
candidates receiving the highest number of votes in the first election. The
runoff election, in the event that such is necessary, shall be held three (3)
weeks after the first election.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.