Senate Bill 2303

AN ACT TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, TO REQUIRE COUNTY EXECUTIVE COMMITTEES TO APPOINT MEMBERS OF THE MUNICIPAL EXECUTIVE COMMITTEE AND INFORM THE MUNICIPAL CLERK AND STATE EXECUTIVE COMMITTEE OF THE APPOINTMENTS BY A DATE CERTAIN BEFORE THE MUNICIPAL PRIMARY ELECTION; TO REQUIRE THE STATE EXECUTIVE COMMITTEE, IF IT HAS RECEIVED NO NOTICE OF THE APPOINTMENTS BY THE DEADLINE, TO APPOINT MEMBERS OF THE MUNICIPAL EXECUTIVE COMMITTEE AND INFORM THE MUNICIPAL CLERK BY A DATE CERTAIN BEFORE THE MUNICIPAL PRIMARY ELECTION; TO REVISE THE NUMBER OF MEMBERS APPOINTED TO THE MUNICIPAL EXECUTIVE COMMITTEE; TO REPEAL SECTIONS 23-15-313 AND 23-15-315, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR TEMPORARY EXECUTIVE COMMITTEES, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-171, Mississippi Code of 1972, is amended as follows:

23-15-171. (1) Municipal primary elections shall be held on the first Tuesday in April preceding the general municipal election and, in the event a second primary shall be necessary, such second primary shall be held on the fourth Tuesday in April preceding such general municipal election. The candidate receiving a majority of the votes cast in the election shall be the party nominee. If no candidate shall receive a majority vote at the election, the two (2) candidates receiving the highest number of votes shall have their names placed on the ballot for the second primary election. The candidate receiving the most votes cast in the second primary election shall be the party nominee. However, if no candidate shall receive a majority vote at the first primary, and there is a tie in the election of those receiving the next highest vote, those candidates receiving the next highest vote and the candidate receiving the highest vote shall have their names placed on the ballot for the second primary election, and whoever receives the most votes cast in the second primary election shall be the party nominee. At the primary election the municipal executive committee shall perform the same duties as are specified by law and performed by members of the county executive committee with regard to state and county primary elections. * * *

(2) (a) Members of the municipal executive committee shall be appointed by the respective county executive committee with appointments to be made no later than one hundred fifty (150) days prior to the municipal primary election. Notification must be provided by the county executive committee to the municipal clerk and to the state executive committee of the party of the individuals appointed to the municipal executive committee. If the municipal clerk and the state executive committee have not received notification of the appointments by one hundred twenty (120) days prior to the first primary election, the state executive committee shall immediately appoint the members of the municipal executive committee and notify the municipal clerk.

(b) The number of members of the municipal executive committee shall be determined as follows:

(i) For the governing authorities of municipalities having a population of less than twenty thousand (20,000) inhabitants, three (3) members;

(ii) For the governing authorities of municipalities having a population of twenty thousand (20,000) inhabitants or more and less than one hundred thousand (100,000) inhabitants, five (5) members; and

(iii) For the governing authorities of municipalities having a population of more than one hundred thousand (100,000) inhabitants, seven (7) members.

The number of inhabitants under this paragraph shall be determined according to the last federal decennial census.

(3) The provisions of this section shall govern all municipal primary elections as far as applicable, but the officers to prepare the ballots and the poll managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding the primary, and the returns of such election shall be made to such municipal executive committee. Vacancies in * * * ~~the~~ an executive committee shall be filled by * * * it the county executive committee.

( * * *24) * * * ~~Provided, however, that~~ Notwithstanding any provision of law in this section to the contrary except for subsection (6) of this section, in municipalities operating under a special or private charter which fixes a time for holding elections, other than the time fixed by Chapter 491, Laws of 1950, the first primary election shall be held on the first Tuesday, two (2) months before the time for holding the general election, as fixed by the charter, and the second primary election, where necessary, shall be held three (3) weeks after the first primary election, unless the charter of any such municipality provides otherwise, in which event the provisions of the special or private charter shall prevail as to the time of holding such primary elections.

( * * *35) All primary elections in municipalities shall be held and conducted in the same manner as is provided by law for state and county primary elections.

(6) A person who has been convicted of a felony in a court of this state or any other state or a court of the United States, shall be barred from serving as a member of a municipal executive committee.

SECTION 2. Sections 23-15-313 and 23-15-315, Mississippi Code of 1972, which provide for temporary executive committees, are repealed to conform.

SECTION 3. This act shall take effect and be in force from and after its passage.