House Bill 36

AN ACT TO AMEND SECTION 23-15-905, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON SHALL, AT THE SAME TIME, BE A MEMBER OF THE LEGISLATURE AND BE AN ELECTED OFFICER OF ANY COUNTY OR MUNICIPALITY; TO PROVIDE THAT AN ELECTED OFFICER OF A COUNTY OR MUNICIPALITY MUST RESIGN FROM THAT POSITION IF HE OR SHE IS DECLARED THE WINNER OF THE LEGISLATIVE OFFICE BEFORE HE OR SHE TAKES THE OATH OF OFFICE FOR THAT POSITION; TO PROVIDE THAT A MEMBER OF THE LEGISLATURE MUST RESIGN FROM THAT POSITION IF HE OR SHE IS DECLARED THE WINNER OF AN ELECTED OFFICE FOR A COUNTY OR MUNICIPALITY BEFORE HE OR SHE TAKES THE OATH OF OFFICE FOR THAT POSITION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-905, Mississippi Code of 1972, is amended as follows:

23-15-905. (1) No person may qualify as a candidate for more than one (1) office if the election for those offices occurs on the same day. If a person takes the steps necessary to qualify for more than one (1) office, the appropriate executive committee or election commissioner shall determine the last office for which the person qualified and the person shall be considered to be qualified as a candidate for that office only and the person shall be notified of this determination. The provisions of this subsection shall not apply to elections for municipal office.

(2) No person may qualify as a candidate for more than one (1) municipal office if the election for those offices occurs on the same day. If a person takes the steps necessary to qualify for more than one (1) office, the appropriate executive committee or election commissioner shall determine the last office for which the person qualified and the person shall be considered to be qualified as a candidate for that office only and the person shall be notified of this determination.

(3) (a) Notwithstanding any other provision of law to the contrary, no person shall hold more than one (1) elected office at the same time.

(b) If an elected officer qualifies as a candidate for any other elected office and is certified as elected to that other office, that person shall resign from his or her previous elected office before he or she takes the oath of office for the current elected office.

(c) If such person fails to resign from his or her previous elected office, he or she shall not be eligible to take the oath of office for the current elected office, and the vacancy shall be filled as provided by law.

(d) For purposes of this subsection (3), "elected office" includes, but is not limited to, any federal, judicial, state, state district, county, county district or municipal office.

(4) The provisions of subsection (3) shall apply to all general and special elections held from and after July 1, 2022.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.