April 21, 2022

 

 

 

TO THE MISSISSIPPI SENATE:

 

GOVERNOR’S VETO MESSAGE FOR SENATE BILL 2306

 

            I am returning Senate Bill 2306:  “AN ACT TO AMEND SECTION 23-15-813, MISSISSIPPI CODE OF 1972, TO TRANSFER THE AUTHORITY OF THE MISSISSIPPI ETHICS COMMISSION TO ASSESS A CIVIL PENALTY AGAINST ANY CANDIDATE OR POLITICAL COMMITTEE FOR FAILURE TO FILE A REPORT TO THE SECRETARY OF STATE; TO DELETE THE PROVISIONS THAT PROVIDES FOR A HEARING FOR A  CANDIDATE OR POLITICAL COMMITTEE BEFORE THE STATE BOARD OF ELECTION COMMISSIONERS; TO PROVIDE FOR AN APPEAL PROCEDURE FOR THOSE CANDIDATES WHO ARE ASSESSED A CIVIL PENALTY BY THE SECRETARY OF STATE; TO AMEND SECTION 23-15-807, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR REPORTS THAT WOULD OTHERWISE BE DUE ON A WEEKEND OR LEGAL HOLIDAY SHALL BE DUE ON THE NEXT WORKING DAY AFTER THE DUE DATE; AND FOR RELATED PURPOSES.”

            Senate Bill 2306 amends Miss. Code § 23-15-813 to transfer from the Mississippi Ethics Commission to the Mississippi Secretary of State the power to assess civil penalties against any candidate or political committee that fails to timely file a required campaign finance disclosure report, or a report that does not substantially comply with statutory requirements.  In addition, Senate Bill 2306 removes the statutory right of a candidate or political committee assessed a civil penalty to seek administrative review of the penalty by a hearing officer(s) appointed by the State Board of Election Commissioners prior to filing an appeal in the Circuit Court.   

            In 2017, a bipartisan group of Senators authored comprehensive legislation to reform Mississippi’s campaign finance disclosure laws (Senate Bill 2689, Regular Session 2017).  A key component of these reforms was transferring from the Mississippi Secretary of State, an elected official, to the Mississippi Ethics Commission, an appointed public body, the power to assess fines and evaluate the sufficiency of campaign finance disclosure reports.  This legislation passed the full Senate 52-0. 

            I believed then, as I believe now, that the assessment of penalties for violations of campaign finance disclosure laws should be made by an appointed public body not subject to such laws, as opposed to a single elected official who is subject to such laws.  The Mississippi Ethics Commission is comprised of eight members with staggered four-year terms, two of which are appointed by each of the following elected public officials:  Governor, Lieutenant Governor, Speaker of the Mississippi House of Representatives and Chief Justice of the Mississippi Supreme Court.  Thus, the members of the Mississippi Ethics Commission are insulated from the elections process.  To be clear, this is not a reflection on any current officeholder.  However, the potential for abuse of power by the eight member Ethics Commission is far less when juxtaposed with a single elected official who could seek to unscrupulously weaponize the power to further his political ambitions.

            Additionally, I believe it is prudent to provide an administrative avenue to seek review of the assessment of a civil penalty prior to requiring the candidate or political committee to file an appeal in the Circuit Court.  Such an administrative process provides a more timely and cost effective mechanism for an aggrieved party to seek review of the assessment of a penalty.         

For these reasons, I am vetoing Senate Bill 2306.

Respectfully submitted,

 

 

 

 

                                                                        TATE REEVES

                                                                        GOVERNOR