MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Elections; County Affairs
By: Senator(s) DeBar
AN ACT TO CREATE THE "NONPARTISAN COUNTY ELECTIONS ACT"; TO PROVIDE THAT THE COUNTY OFFICES OF CHANCERY CLERK, CIRCUIT CLERK, TAX ASSESSOR, TAX COLLECTOR, COUNTY SURVEYOR AND COUNTY CORONER SHALL BE NONPARTISAN; TO PROVIDE DEFINITIONS FOR SUCH ACT; TO PROVIDE WHEN A CANDIDATE SHALL FILE THEIR INTENT AND THE AMOUNT OF FEES APPLICABLE FOR SUCH OFFICE; TO PROVIDE HOW THE NAMES OF THE CANDIDATES SHALL BE GROUPED ON A BALLOT; TO PROVIDE THE PROCEDURE WHEN TWO OR MORE CANDIDATES QUALIFY FOR COUNTY OFFICE; TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO REMOVE COUNTY OFFICES FROM FEE REQUIREMENTS FOR PARTY NOMINATION; TO AMEND SECTIONS 23-15-297, 23-15-291, 23-15-153, 23-15-21, 23-15-31, 23-15-507 AND 23-15-911, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Nonpartisan County Elections Act."
(2) The purpose of this act is to provide that the following county offices shall be nonpartisan: chancery clerk, circuit clerk, tax assessor, tax collector, county surveyor and county coroner.
SECTION 2. (1) A county office listed in Section 1 of this act shall be a nonpartisan office and a candidate for election to a county office is prohibited from campaigning or qualifying for such an office based on party affiliation. No committee, political party, or political committee affiliated with a political party shall engage in fund-raising, make any contribution, nor endorse any candidate or officeholder of a nonpartisan county office, or the political committee of a candidate or officeholder of a nonpartisan county office. No candidate, candidate's political committee, nor officeholder of a nonpartisan county office shall accept a contribution from any committee, political party, nor political committee affiliated with a political party.
(2) Except as otherwise provided by this act, the general laws for election in this state shall apply to and govern the election for county offices.
SECTION 3. (1) For purposes of this act, the following words shall have the meanings provided herein, unless the context clearly indicates otherwise:
(a) "Preferential county election" means an election held for the purpose of determining those candidates for county offices listed in Section 1 of this act whose names will be placed on the general or regular election ballot. Any person who meets the qualifications as a candidate for a county office may be a candidate in the preferential county election without regard to party affiliation or lack of party affiliation.
(b) "General election" or "regular election" means an election held as provided by law in Title 23, Chapter 15, Mississippi Code of 1972, for the purpose of determining which candidate shall be elected to office.
(c) "County office" means an office listed in Section 1 of this act.
(d) "Candidate" means a person who enters the race for an office listed in Section 1 of this act.
(2) All qualified electors of the State of Mississippi, without regard to party affiliation or lack of party affiliation, shall be qualified to vote for candidates for nomination for county office.
SECTION 4. (1) All candidates for county office listed in Section 1 of this act shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. sixty (60) days before any general or regular election and pay the proper officials One Hundred Dollars ($100.00).
(2) No person shall be denied a place upon the ballot for any office for which he desires to be a candidate because of his inability to pay the assessment above set out.
(3) Candidates for county office 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 county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk, within two (2) business days.
SECTION 5. (1) The names of candidates for county office which appear on the ballot at the general election shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan county elections.
(2) The names of all candidates for county office shall be listed in alphabetical order on any ballot and no reference to political party affiliation shall appear on any ballot with respect to any nonpartisan county office or candidate.
(3) The name of an unopposed candidate for county office shall be placed on the general election ballot.
SECTION 6. If two (2) or more candidates qualify for county office, the names of those candidates shall be placed on the general election ballot. If any candidate for such an office receives a majority of the votes cast for such office in the general election, he shall be declared elected. If no candidate for such office receives a majority of the votes cast for such office in the general election, the names of the two (2) candidates receiving the highest number of votes for such office shall be placed on the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other runoff elections.
SECTION 7. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. 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, * * * county attorney,
county superintendent of education and board of supervisors, One Hundred
Dollars ($100.00).
(e) Candidates for * * * 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).
SECTION 8. Section 23-15-291, Mississippi Code of 1972, is amended as follows:
23-15-291. Except as provided in Sections 1 and 3 of this act, all nominations for state, district, county and county district officers made by the different parties of this state shall be made by primary elections. All primary elections shall be governed and regulated by the election laws of the state in force at the time the primary election is held.
SECTION 9. Section 23-15-153, Mississippi Code of 1972, is amended 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) (i) 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
(ii) On the first Monday in the month immediately preceding the first county preferential election for nonpartisan county 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 One Hundred Dollars ($100.00), 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, * * * not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), 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 One Hundred Dollars ($100.00), 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 $100.00
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 10. Section 23-15-21, Mississippi Code of 1972, is amended as follows:
23-15-21. It shall be unlawful for any person who is not a citizen of the United States or the State of Mississippi to register or to vote in any * * * election in the state.
SECTION 11. Section 23-15-31, Mississippi Code of 1972, is amended as follows:
23-15-31. All of the provisions of this subarticle shall be applicable, insofar as possible, to municipal, primary, county preferential, general and special elections; and wherever therein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners or county executive committee with reference to a state and county election, such duty shall likewise be conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election.
SECTION 12. Section 23-15-507, Mississippi Code of 1972, is amended as follows:
23-15-507. No OMR equipment shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit eligible voters to vote at any election for all persons for whom they are lawfully entitled to vote; to vote for as many persons for an office as they are lawfully entitled to vote; to vote for or against any ballot initiative, measure or other local issue upon which they are lawfully entitled to vote;
(b) The OMR equipment shall be capable of rejecting choices marked on the ballot if the number of choices exceeds the number that the voter is entitled to vote for the office or on the measure;
(c) Permit each voter, in presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;
(d) Permit each voter,
in other than primary elections, to vote for the * * * candidates of one or more
parties and for independent candidates;
(e) Permit each voter to vote for candidates only in the primary in which he or she is qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot;
(g) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;
(h) Be provided with means for sealing the ballots after the close of the polls;
(i) When properly operated, record correctly and count accurately all votes cast; and
(j) Provide the voter with a set of instructions that will be displayed in such a way that a voter may readily learn the method of voting.
SECTION 13. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) (a) When the returns for a box and the contents of the ballot box and the conduct of the election have been canvassed and reviewed by the county election commission in the case of general and preferential elections or the county executive committee in the case of primary elections, all the contents of the box required to be placed and sealed in the ballot box by the poll managers shall be replaced therein by the election commission or executive committee, as the case may be, and the box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep and secure the same against any tampering. At any time within twelve (12) days after the canvass and examination of the box and its contents by the election commission or executive committee, as the case may be, any candidate or his or her representative authorized in writing by him or her shall have the right of full examination of the box and its contents upon three (3) days' notice of his or her application therefor served upon the opposing candidates. The service of notice shall be provided to each opposing candidate by delivering a copy personally to each candidate, or by performing two (2) of the following:
(i) By leaving a copy at each candidate's usual place of residence with a family member, who shall be no less than sixteen (16) years of age and, who resides in the candidate's residence;
(ii) By email or other electronic means, with receipt deemed upon transmission; or
(iii) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at that candidate's residence with receipt deemed mailing.
(b) If service of notice cannot be made to any opposing candidate, then notice may be posted on the door of each candidate's usual place of abode. If any candidate's usual place of residence is a multi-family dwelling, a copy of the notice must be mailed to the candidate or candidates by United States first-class mail, postage prepaid, return receipt requested. Proof of service of notice upon any opposing candidate shall be made to the circuit clerk within three (3) days before a full examination of the ballot box may be conducted.
(c) The examination shall be conducted in the presence of the circuit clerk or his or her deputy who shall be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with. Upon the completion of the examination the box shall be resealed with all its original contents inside. And if any contest or complaint before the court shall arise over the box, it shall be kept intact and sealed until the court hearing and another ballot box, if necessary, shall be furnished for the precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 14. This act shall take effect and be in force from and after July 1, 2020.