House Bill 176

AN ACT TO AMEND SECTION 23-15-771, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONE PRESIDENTIAL ELECTOR SHALL BE CHOSEN FROM EACH CONGRESSIONAL DISTRICT, AND TWO PRESIDENTIAL ELECTORS SHALL BE CHOSEN AT LARGE; TO PROVIDE THAT THE PRESIDENTIAL ELECTORS CHOSEN FROM EACH CONGRESSIONAL DISTRICT SHALL BE A RESIDENT AND QUALIFIED ELECTOR OF THE CONGRESSIONAL DISTRICT FROM WHICH THEY ARE CHOSEN; TO AMEND SECTIONS 23-15-781, 23-15-785, 23-15-789 AND 23-15-1055, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-771, Mississippi Code of 1972, is amended as follows:

23-15-771. At the state convention, a slate of electors composed of the number of electors allotted to this state, which said electors announce a clearly expressed design and purpose to support the candidates for President and Vice President of the national political party with which the said party of this state has had an affiliation and identity of purpose heretofore, shall be designated and selected for a place upon the primary election ballot to be held as herein provided. One (1) presidential elector shall be chosen from each congressional district, and two (2) presidential electors shall be chosen at large. The presidential electors chosen from each congressional district shall be a resident and qualified elector of the congressional district from which they are chosen.

SECTION 2. Section 23-15-781, Mississippi Code of 1972, is amended as follows:

23-15-781. The number of electors of President and Vice President of the United States to which this state may be entitled, shall be chosen by the qualified electors of the state at large and each congressional district, on the first Tuesday after the first Monday of November in the year in which an election of President and Vice President shall occur.

SECTION 3. Section 23-15-785, Mississippi Code of 1972, is amended as follows:

23-15-785. (1) When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1,000) qualified voters of this state.

(2) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of the convention and by the chairman of the state executive committee of the political party making the nomination. Any nominating petition, to be valid, must contain the signatures as well as the addresses of the petitioners. The certificates and petitions must be filed with the State Board of Election Commissioners by filing them in the Office of the Secretary of State by 5:00 p.m. not less than sixty (60) days previous to the day of the election.

(3) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen.

(a) Each person * * *~~so listed~~ who is an at-large presidential elector shall execute the following statement which shall be attached to the certificate or petition when it is filed with the State Board of Election Commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot * * * for President and Vice President for the presidential and vice-presidential candidates who received the highest number of votes in the state.

(b) Each person who is a congressional district presidential elector shall execute the following statement which shall be attached to the certificate or petition when it is filed with the State Board of Election Commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot for President and Vice President for the presidential and vice-presidential candidates who received the highest number of votes in my congressional district.

(4) The State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "PRESIDENTIAL ELECTORS FOR (here insert the name of the candidate for President, the word 'AND' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on the official ballots, and a vote cast therefor shall be counted and shall be in all respects effective as a vote for each of the presidential electors representing those candidates for President and Vice President of the United States. In the case of unpledged electors, the State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "UNPLEDGED ELECTOR(S) (here insert the name(s) of individual unpledged elector(s) if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name(s) of the elector(s) rather than a slate of electors)."

SECTION 4. Section 23-15-789, Mississippi Code of 1972, is amended as follows:

23-15-789. The electors chosen shall meet at the seat of government of the state on the first Monday after the second Wednesday in December next following their election, and shall there give their votes for President and Vice President of the United States, and shall make return thereof agreeably to the laws of the United States; and should any elector so chosen fail to attend and give his vote, the other electors attending shall appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be forthwith reported to the Secretary of State. Each at-large presidential elector shall give his or her vote for the presidential and vice-presidential candidates who received the highest number of votes in the state and consistent with his or her pledge. Each congressional district presidential elector shall give his or her vote for the presidential and vice-presidential candidates who received the highest number of votes in his or her congressional district and consistent with his or her pledge.

SECTION 5. Section 23-15-1055, Mississippi Code of 1972, is amended as follows:

23-15-1055. Except as otherwise provided in this chapter, the state executive committee of each political party shall determine the method and procedures by which delegates and delegate alternates to the national nominating conventions are to be selected as well as adopt any other rule not inconsistent with this chapter. The state executive committee of the political party shall establish, at least ninety (90) days prior to the second Tuesday in March in years in which a presidential election is held, procedures to be followed in the nomination of candidates for delegates and delegate alternates to the nominating convention of the political party. A copy of any rule or regulation adopted by the state executive committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record.

SECTION 6. This act shall take effect and be in force from and after July 1, 2022.