MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Constitution

By: Representative Beckett

House Concurrent Resolution 47

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 140, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE GOVERNOR SHALL BE ELECTED BY A MAJORITY OF THE PEOPLE IN A GENERAL ELECTION AND NOT BY THE ELECTORAL VOTE OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES, AND IF NO CANDIDATE RECEIVES A MAJORITY VOTE AT THE GENERAL ELECTION, THEN A RUNOFF ELECTION SHALL BE HELD TWO (2) WEEKS LATER, AND THE CANDIDATE WHO RECEIVES A MAJORITY VOTE IN THE RUNOFF ELECTION SHALL BE ELECTED AS GOVERNOR; AND PROPOSING THE REPEAL OF SECTION 141, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDES THAT THE HOUSE OF REPRESENTATIVES SHALL CHOOSE A GOVERNOR FROM THE TWO PERSONS WHO SHALL HAVE RECEIVED THE HIGHEST NUMBER OF POPULAR VOTES; AND PROPOSING THE REPEAL OF SECTION 142, MISSISSIPPI CONSTITUTION OF 1890, WHICH PROVIDES THAT, IN CASE OF AN ELECTION OF THE GOVERNOR BY THE HOUSE OF REPRESENTATIVES, NO MEMBER OF THE HOUSE OF REPRESENTATIVES SHALL RECEIVE AN APPOINTMENT FROM THE GOVERNOR.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

     Amend Section 140, Mississippi Constitution of 1890, to read as follows:

     "Section 140.  The Governor of the state shall be chosen in the following manner:  The Governor shall be elected by a majority of the people in a general election on the first Tuesday after the first Monday of November * * *of A.D. 1895 2023, and on the first Tuesday after the first Monday of November in every fourth year thereafter * * *, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes".  In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts.  The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature.

The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them.  The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected.  The candidate who receives the majority number of votes cast for the office of Governor at the general election shall be elected as Governor.  If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held two (2) weeks later.  The candidate who receives a majority of the votes cast in the runoff election shall be elected as Governor.  However, if no candidate receives a majority votes cast at the election, 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 number of votes cast shall have their names placed on the ballot for the runoff election to be held two (2) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected as Governor."

     Amend the Mississippi Constitution of 1890 by repealing Section 141, which reads as follows:

     "Section 141.  If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes.  The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted."

     Amend the Mississippi Constitution of 1890 by repealing Section 142, which reads as follows:

     "Section 142.  In case of an election of governor or any state officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other state officer so elected, during the term for which he shall be elected."

     BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2020, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment provides that the Governor shall be elected by a majority of the people in a general election and not by the electoral vote of the Mississippi House of Representatives, and if no candidate receives a majority vote at the general election, then a runoff election shall be held two (2) weeks later, and the candidate who receives a majority vote in the runoff election shall be elected as Governor."