MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Elections
By: Senator(s) Tate, Seymour, England, Butler (38th), Thomas, Jackson (11th), Barnett, Hickman, Jordan
AN ACT TO AMEND SECTION 23-15-213, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT ELECTION COMMISSIONERS COMPLETE A SKILLS ASSESSMENT; TO AMEND SECTION 23-15-211, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
[Until December 31, 2022, this section shall read as follows:]
23-15-213. (1) At the general
election in 2020, there shall be elected five (5) election commissioners for each
county whose terms of office shall commence on the first Monday of January following
their election. Each of the commissioners shall be required to attend a training
seminar provided by the Secretary of State * * *
and before acting * * *
shall take and subscribe the oath of office prescribed by the Constitution. The
oath shall be filed in the office of the clerk of the chancery court. Upon filing
the oath of office, the election commissioner may be provided access to the Statewide
Elections Management System for the purpose of performing his or her duties. While
engaged in their duties, the commissioners shall be conservators of the peace in
the county, with all the duties and powers of such.
(2) The qualified electors of each supervisors district shall elect, at the general election in 2020, in their district one (1) election commissioner. The election commissioners from board of supervisors' Districts One, Three and Five shall serve for a term of four (4) years. The election commissioners from board of supervisors' Districts Two and Four shall serve for a term of three (3) years. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) Upon taking office, the county election commissioners shall organize by electing a chair and a secretary.
(6) It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.
[From and after January 1, 2023, this section shall read as follows:]
23-15-213. (1) There shall
be elected five (5) election commissioners for each county whose terms of office
shall commence on the first Monday of January following their election and who shall
serve for a term of four (4) years. Each of the commissioners shall be required
to attend a training seminar provided by the Secretary of State * * *
and before acting * * *
shall take and subscribe the oath of office prescribed by the Constitution. The
oath shall be filed in the office of the clerk of the chancery court. Upon filing
the oath of office, the election commissioner may be provided access to the Statewide
Elections Management System for the purpose of performing his or her duties. While
engaged in their duties, the commissioners shall be conservators of the peace in
the county, with all the duties and powers of such.
(2) (a) At the general election in 2024 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts One, Three and Five shall elect in their district one (1) election commissioner.
(b) At the general election in 2023 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts Two and Four shall elect in their district one (1) election commissioner.
(c) No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than February 1 of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) In the first meeting in
January of each year, the county election commissioners shall organize by electing
a chair and a secretary, who shall serve a one * * *-year term. The county election commissioners
shall provide the names of the chair and secretary to the Secretary of State and
provide notice of any change in officers which may occur during the year.
(6) It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.
SECTION 2. Section 23-15-211, Mississippi Code of 1972, is amended as follows:
23-15-211. (1) There shall be a State Board of Election Commissioners to consist of the following members:
(a) The Governor, who shall serve as chair;
(b) The Secretary of State, who shall serve as secretary, maintain minutes of all meetings and accept service of process on behalf of the board; and
(c) The Attorney General.
Any two (2) of the members of the State Board of Election Commissioners may perform the duties required of the board.
(2) The duties of the board shall include, but not be limited to, the following:
(a) Ruling on a candidate's qualifications to run for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district, and other state district offices;
(b) Approving the state ballot for the offices stated in paragraph (a) of this subsection (2);
(c) Removing the names of candidates from the ballot for failure to comply with campaign finance filing requirements for the offices stated in paragraph (a) of this subsection (2) in previous election cycles; and
(d) Adopting any administrative rules and regulations as are necessary to carry out the statutory duties of the board.
(3) The board of supervisors of each county shall pay members of the county election commission for attending training events a per diem in the amount provided in Section 23-15-153; however, except as otherwise provided in this section, the per diem shall not be paid to an election commissioner for more than twelve (12) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.
(4) Included in this twelve
(12) days shall be an elections seminar, conducted and sponsored by the
Secretary of State. Election commissioners and chairpersons of each political
party executive committee, or their designee, shall be required to attend. An
election commissioner shall be certified by the Secretary of State only after
attending the annual elections seminar * * *
provided for in Section 23-15-213.
(5) Each participant shall
receive a certificate from the Secretary of State indicating that the named
participant has received the elections training seminar instruction * * *
provided for in Section 23-15-213. Election commissioners shall annually file
the certificate with the chancery clerk. If any election commissioner shall
fail to file the certificate by April 30 of each year, his or her office shall
be vacated, absent exigent circumstances as determined by the board of
supervisors and consistent with the facts. The vacancy shall be declared by
the board of supervisors and the vacancy shall be filled in the manner described
by law. Before declaring the office vacant, the board of supervisors shall
give the election commissioner notice and the opportunity for a hearing.
(6) The Secretary of State, upon approval of the board of supervisors, may authorize not more than eight (8) additional training days per year for election commissioners in one or more counties. The board of supervisors of each county shall pay members of the county election commission for attending training on these days a per diem in the amount provided in Section 23-15-153.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.