MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Elections
By: Senator(s) Carter
AN ACT TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE EXECUTIVE COMMITTEE OF EACH POLITICAL PARTY TO DETERMINE THE FILING FEE FOR ENTERING THE RACE FOR PARTY NOMINATIONS FOR OFFICE FOR CERTAIN POLITICAL CANDIDATES; TO REVISE THE FILING FEE FOR CERTAIN INDEPENDENT CANDIDATES; TO REQUIRE THE SECRETARY OF STATE TO PROMULGATE ANY NECESSARY RULES AND REGULATIONS TO ADMINISTER AND ENFORCE THIS SECTION; TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 the following amounts:
(a) Candidates for Governor, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section.
(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, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section.
(c) Candidates for State Senator and State Representative, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section.
(d) Candidates for district attorney, Two Hundred Fifty Dollars ($250.00).
(e) 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).
(f) Candidates for county surveyor, county coroner, justice court judge and constable, One Hundred Dollars ($100.00).
(g) Candidates for United States Senator, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section.
(h) Candidates for United States Representative, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section.
(2) (a) The state executive committee of a political party shall set the entry fee that a candidate is to pay upon entering the race for party nominations for the offices listed in paragraphs (a), (b), (c), (g) and (h) of subsection (1) of this section. For each respective office, the entry fee set by the state executive committee shall not exceed the average of the entry fees provided by law in the Southeastern United States as determined by the Secretary of State, excluding entry fees assessed in Arkansas. The authority granted under this subsection shall not be exercised by any state executive committee of a political party for any individual office more than once every two (2) years, beginning from the effective date of this act.
(b) Each state executive committee of a political party shall report the entry fee determined for each office to the Secretary of State by at least ninety (90) days before the qualifying deadline for the office as provided in Section 23-15-299. If a state executive committee does not meet the deadline in this paragraph for any office, there shall be no entry fee assessed for the office in that party's primary election during that election cycle.
(3) All * * * independent candidates and special
election candidates entering the race for office shall pay to the proper
officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for Governor, * * * one
percent (1%) of the annual salary of the office sought.
(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, * * * one percent (1%) of the annual salary
of the office sought.
(c) Candidates for State Senator and State Representative, one percent (1%) of the annual salary of the office sought.
( * * *d) Candidates for district attorney * * *, Two
Hundred Fifty Dollars ($250.00).
( * * *e) 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).
( * * *f) Candidates for county surveyor,
county coroner, justice court judge and constable, One Hundred Dollars
($100.00).
( * * *g) Candidates for United States
Senator, * * * one percent (1%) of the annual salary of the
office sought.
( * * *h) Candidates for United States Representative, * * * one percent
(1%) of the annual salary of the office sought.
The salary of any office that is the basis for calculating the filing fee is the starting salary for the office, rather than the salary received by the incumbent, if different. If no starting salary can be determined for the office, then the salary used for calculation is the salary of the incumbent, as of January 1 of the election year.
(4) The Secretary of State shall:
(a) Publish the fees listed in this section by at least forty-five (45) days before the qualifying deadline for each office; and
(b) Promulgate any rules or regulations necessary to administer and enforce this section.
SECTION 2. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a)
Assessments made pursuant to * * * subsection (1)(a), (b) * * *, (c) and (d) 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 (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 * * *
subsection (3)(a), (b) * * *, (c) and (d) 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 (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 * * *
subsection (1)( * * *e)
and ( * * *f)
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 (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 * * *
subsection (1)( * * *e)
and ( * * *f)
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 * * *
subsection (3)( * * *e)
and ( * * *f)
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 (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 * * *
subsection (1)( * * *g)
and ( * * *h)
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 * * *
subsection (1)( * * *g)
and ( * * *h)
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 (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 * * *
subsection (3)( * * *g)
and ( * * *h)
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 * * * subsection (3)( * * *g) and ( * * *h) 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 (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 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 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 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 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) (a) Upon receipt of the proper fee 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 (i) of any felony in a court of this state, (ii) on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, (iii) of any felony in a federal court on or after December 8, 1992, or (iv) of any offense that involved the misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. 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.
(b) If the proper executive committee or the Secretary of State, whichever is applicable, finds that a candidate either (i) is not a qualified elector, (ii) 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, or (iii) has been convicted of a felony or other disqualifying offense as described in paragraph (a) of this subsection, and not pardoned, 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.
(c) 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.
(d) 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 3. This act shall take effect and be in force from and after July 1, 2021.