House Bill 1539

AN ACT TO CREATE A SPECIAL LEGISLATIVE COMMITTEE COMPOSED OF THE MEMBERS OF THE HOUSE MANAGEMENT COMMITTEE AND THE SENATE RULES COMMITTEE, FOR THE PURPOSE OF PROPOSING OPTIONS FOR THE DESIGN OF THE OFFICIAL FLAG OF THE STATE OF MISSISSIPPI TO BE CONSIDERED BY THE LEGISLATURE; TO PROVIDE THAT THE MEMBERS OF THOSE COMMITTEES SHALL MEET TOGETHER IN CAUCUSES OF THE MEMBERS FROM EACH OF THE FOUR CONGRESSIONAL DISTRICTS FROM WHICH THEY WERE SELECTED, AND EACH CAUCUS OF MEMBERS MAY PROPOSE A NEW DESIGN OF THE OFFICIAL STATE FLAG AS AN OPTION FOR THE DESIGN OF THE OFFICIAL STATE FLAG; TO PROVIDE THAT EACH CAUCUS THAT PROPOSES A NEW DESIGN OF THE OFFICIAL STATE FLAG SHALL PRESENT ITS FLAG DESIGN TO THE LEGISLATURE NOT LATER THAN THE BEGINNING OF THE 2020 REGULAR SESSION; TO PROVIDE FOR A STATEWIDE SPECIAL ELECTION ON THE SAME DATE AS THE REGULAR GENERAL ELECTION IN NOVEMBER 2020, WHICH WILL BE A NONBINDING REFERENDUM ON OPTIONS PROPOSED FOR THE DESIGN OF THE OFFICIAL STATE FLAG; TO ALLOW THE ELECTORATE IN THE SPECIAL ELECTION TO VOTE FOR ONE OF THE OPTIONS FOR THE DESIGN OF THE OFFICIAL STATE FLAG, WHICH WILL BE ANY DESIGNS PROPOSED BY THE CAUCUSES AND THE DESIGN OF THE CURRENT OFFICIAL STATE FLAG DESIGN; TO PROVIDE THAT IF NONE OF THE PROPOSITIONS RECEIVES A MAJORITY OF THE VOTES CAST IN THE SPECIAL ELECTION, THERE SHALL BE A RUNOFF ELECTION THREE WEEKS LATER BETWEEN THE TWO PROPOSITIONS RECEIVING THE HIGHEST NUMBER OF VOTES; TO PROVIDE THAT THE RESULTS OF THE REFERENDUM ARE NONBINDING ON THE LEGISLATURE, BUT THE LEGISLATURE SHALL CONSIDER THE OPTIONS PROPOSED FOR THE DESIGN OF THE OFFICIAL STATE FLAG IN THE SPECIAL ELECTION DURING THE 2021 REGULAR SESSION; TO PROVIDE THAT IF THE LEGISLATURE CHOOSES TO CHANGE THE DESIGN OF THE OFFICIAL STATE FLAG, THE LEGISLATURE SHALL AMEND THE CODE SECTION SETTING THE DESIGN OF THE OFFICIAL STATE FLAG TO REFLECT THE DESCRIPTION OF THE NEW DESIGN OF THE OFFICIAL STATE FLAG; TO REQUIRE THAT THE SPECIAL ELECTION BE ADMINISTERED BY MEANS OF BALLOTS CONTAINING A COLOR PICTURE OR DRAWING OF EACH OF THE OPTIONS PROPOSED FOR THE DESIGN OF THE OFFICIAL STATE FLAG; TO REQUIRE THE SECRETARY OF STATE TO PROVIDE THOSE BALLOTS TO THE ELECTION COMMISSIONERS OF EACH COUNTY; TO AMEND SECTIONS 23-15-351 AND 23-15-355, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is created a special legislative committee, to be composed of the members of the House Management Committee and the Senate Rules Committee, for the purpose of proposing options for the design of the official flag of the State of Mississippi to be considered by the Legislature. The members of those committees shall meet together in caucuses of the members from each of the four (4) congressional districts from which they were selected, and each caucus of members may propose a new design of the official state flag as an option for the design of the official state flag. Each caucus that proposes a new design of the official state flag shall present its flag design to the Legislature not later than the beginning of the 2020 Regular Session.

(2) In developing their flag designs, the caucuses are authorized:

(a) To hold public meetings at such times and locations as the caucus determines;

(b) To receive written, public comment, in a manner as the caucus determines, and to hold public hearings, under the terms and conditions as the caucus determines;

(c) To collect, examine and consider all information which the caucus determines may be helpful in developing its flag design;

(d) To consult with historical experts, social science experts, representatives of organizations and associations, and others, whose knowledge or expertise may assist the caucus in developing its flag design; and

(e) To make any inquiries and conduct any business that may assist the caucus in developing its flag design.

(3) There shall be a statewide special election, to be held on the same date as the regular general election on Tuesday, November 3, 2020, which will be a nonbinding referendum on options proposed for the design of the official state flag. The special election shall be conducted in the same manner as regular general elections are held, except as otherwise provided in subsection (5) of this section. The question put before the voters at the statewide special election shall read on the ballots as follows:

"PLEASE VOTE FOR ONE OF THE FOLLOWING PROPOSITIONS

THE FOLLOWING PROPOSITIONS ARE OPTIONS PROPOSED FOR THE DESIGN OF THE OFFICIAL FLAG OF THE STATE OF MISSISSIPPI TO BE CONSIDERED BY THE LEGISLATURE:

PROPOSITION 'A'

(Here shall be inserted the color picture or drawing, which the Secretary of State has provided to county election commissioners, of the current official state flag design as prescribed in Section 3-3-16.)

FOR PROPOSITION 'A': _____

PROPOSITION 'B'

(If the members of the special legislative committee from the caucus of the First Congressional District have proposed a new design of the official state flag, here shall be inserted the color picture or drawing, which the Secretary of State has provided to county election commissioners, of the proposed new state flag design of the First Congressional District.)

FOR PROPOSITION 'B': _____

PROPOSITION 'C'

(If the members of the special legislative committee from the caucus of the Second Congressional District have proposed a new design of the official state flag, here shall be inserted the color picture or drawing, which the Secretary of State has provided to county election commissioners, of the proposed new state flag design of the Second Congressional District.)

FOR PROPOSITION 'C': _____

PROPOSITION 'D'

(If the members of the special legislative committee from the caucus of the Third Congressional District have proposed a new design of the official state flag, here shall be inserted the color picture or drawing, which the Secretary of State has provided to county election commissioners, of the proposed new state flag design of the Third Congressional District.)

FOR PROPOSITION 'D': _____

PROPOSITION 'E'

(If the members of the special legislative committee from the caucus of the Fourth Congressional District have proposed a new design of the official state flag, here shall be inserted the color picture or drawing, which the Secretary of State has provided to county election commissioners, of the proposed new state flag design of the Fourth Congressional District.)

FOR PROPOSITION 'E': _____"

If the members of the special legislative committee from the caucus of any of the congressional districts do not propose a new design of the official state flag, then the lettering for the different propositions as provided above shall be re-lettered so that there will be consecutive lettering from Proposition "B" through the last proposition.

(4) The qualified electors may indicate their preference on the line following the proposition that they prefer. If none of the propositions receives a majority of the votes cast in the special election, the two (2) propositions receiving the highest number of votes shall be placed on the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures that are followed in other elections involving runoff elections. The results of the referendum are nonbinding on the Legislature, but the Legislature shall consider the options proposed for the design of the official state flag in the special election during the 2021 Regular Session. If the Legislature chooses to change the design of the official state flag, the Legislature shall amend Section 3-3-16 to reflect the description of the new design of the official state flag and take whatever other steps that may be necessary to effectuate the new design of the official state flag.

(5) The statewide special election for the referendum on options proposed for the design of the official state flag shall be administered by means of ballots containing a uniform representation of the options proposed for the design of the official state flag, which shall be provided by the Secretary of State to the election commissioners of each county. The Secretary of State shall determine whether, in each county, it would be more efficient to administer the election by paper ballots, voting machines, electronic voting systems, optical mark reading equipment or other mechanized equipment. The method used in each county shall be as uniform as practicable when compared to any other county in which the same method is used. In any event, the Secretary of State shall include a color picture or drawing of each of the options proposed for the design of the official state flag on all ballots provided for in this section. The Secretary of State is authorized to enter into any necessary contracts for providing the required color picture or drawing of each of the options proposed for the design of the official state flag on all ballots in all counties of this state. The costs incurred in providing the ballots which are required to include a color picture or drawing of each of the options proposed for the design of the official state flag shall be borne by the State of Mississippi, and the Legislature shall appropriate the funds necessary for this purpose. All other costs associated with the holding of the statewide special election shall be borne by each individual county.

(6) The county election commissioners shall transmit to the Secretary of State, in the same manner as the vote for state officers is transmitted, a statement of the total number of votes cast for each proposition in the statewide special election and in the runoff election, if there is a runoff. The Secretary of State shall tabulate those returns and certify the results to the Governor and to each house of the Legislature.

SECTION 2. Section 23-15-351, Mississippi Code of 1972, is amended as follows:

23-15-351. It shall be the duty of the chair of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law. The printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.

In the case of the statewide special election on options proposed for the design of the official state flag provided for in Section 1 of this act, the provisions of this article regarding the printing and distribution of the official ballots shall be governed by the provisions of Section 1(5) of this act.

SECTION 3. Section 23-15-355, Mississippi Code of 1972, is amended as follows:

23-15-355. Ballots in all elections shall be printed and distributed at public expense and shall be known as "official ballots." The expense of printing the ballots shall be paid out of the county treasury, except that in municipal elections such expenses shall be paid by the respective cities, towns and villages.

In the case of the statewide special election on options proposed for the design of the official state flag provided for in Section 1 of this act, the provisions of this section regarding payment of the expenses of printing the official ballots shall be governed by the provisions of Section 1(5) of this act.

SECTION 4. This act shall take effect and be in force from and after July 1, 2019.