MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representatives Sanford, Anthony
AN ACT TO AMEND SECTIONS 23-15-171, 23-15-191, 23-15-193, 23-15-213, 23-15-833, 23-15-857, 23-15-981, 23-15-1031, 23-15-1083, 37-5-9, 37-7-215, 37-7-217, 37-7-227 AND 37-7-711, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME FOR HOLDING RUNOFF ELECTIONS TO FOUR WEEKS AFTER THE FIRST ELECTION INSTEAD OF THREE WEEKS; 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 * * * four (4)
weeks 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. Each municipal executive committee shall have as many members as
there are elective officers of the municipality, and the members of the
municipal executive committee of each political party shall be elected in the
primary elections held for the nomination of candidates for municipal offices.
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 executive
committee shall be filled by it.
(2) Provided, however, that
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 * * * four (4) 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.
(3) 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.
SECTION 2. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first Tuesday after the first Monday of August
preceding any regular or general election; and the second primary shall be held * * * four (4) weeks thereafter.
The candidate that receives a majority of the votes cast in the election shall
be the party nominee. If no candidate receives a majority vote at the
election, then the two (2) candidates who receive the highest number of votes
shall have their names placed on the ballot for the second primary election to
be held * * *
four (4) weeks later. The candidate who receives the most votes in the
second primary election shall be the party nominee. However, if no candidate
receives a majority vote at the first primary, and there is a tie in the
election of those receiving the next highest vote, then 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 to
be held * * *
four (4) weeks later, and whoever receives the most votes cast in the
second primary election shall be the party nominee.
SECTION 3. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. (1) At the election in 2023, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
(2) The state officers that
receive a majority of votes cast for the office at the general election shall be
elected. If no candidate receives a majority number of votes cast at the election,
then the two (2) candidates who receive the highest number of votes cast shall have
their names placed on the ballot for the runoff election to be held * * * four (4) weeks later. The candidate
who receives a majority of the votes cast in the runoff election shall be elected.
However, if no candidate receives a majority vote cast at the election, and there
is a tie in the election of those receiving the next highest vote, then those candidates
receiving the next highest vote and the candidate receiving the highest number of
votes cast shall have their names placed on the ballot for the runoff election to
be held * * *
four (4) weeks later, and whoever receives the majority of votes cast in
the runoff election shall be elected. If it appears that two (2) or more candidates
for state office have an equal number of votes after the runoff election, the interested
candidates shall appear before the Chief Justice of the Mississippi Supreme Court
within two (2) days after the canvass and the tie shall be determined by a toss
of a coin or by lot fairly and publicly drawn, and a certificate of election shall
be given accordingly.
SECTION 4. Section 23-15-213, Mississippi Code of 1972, is amended 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 satisfactorily complete a skills assessment, 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. Such skills assessment shall only be required once every four (4) years. 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 supervisor's 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 supervisor's district of the county and that each commissioner be elected from the supervisor's 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 supervisor's 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 supervisor's
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 * * * four (4) 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 5. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or
elections to fill vacancies, shall in all respects be held, conducted and
returned in the same manner as general elections, except that where no
candidate receives a majority of the votes cast in the election, a runoff
election shall be held * * * four (4) weeks after the election. The two (2)
candidates who receive the highest popular votes for the office shall have
their names submitted as the candidates to the runoff and the candidate who leads
in the runoff election shall be elected to the office. When there is a tie in
the first election of those receiving the next highest vote, these two (2) and
the one receiving the highest vote, none having received a majority, shall go
into the runoff election and whoever leads in the runoff election shall be
entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
SECTION 6. Section 23-15-857, Mississippi Code of 1972, is amended as follows:
23-15-857. (1) When there is a vacancy in an elective office in a city, town or village, the unexpired term of which shall not exceed six (6) months, the same shall be filled by appointment by the governing authority or remainder of the governing authority of the city, town or village. The municipal clerk shall certify the appointment to the Secretary of State and the appointed person or persons shall be commissioned by the Governor.
(2) When there is a vacancy in an elective office in a city, town or village, the unexpired term of which shall exceed six (6) months, the governing authority or remainder of the governing authority of the city, town or village shall make and enter on the minutes an order for an election to be held in the city, town or village to fill the vacancy and fix a date upon which the election shall be held. The order shall be made and entered upon the minutes at the next regular meeting of the governing authority after the vacancy occurs, or at a special meeting to be held not later than ten (10) days after the vacancy occurs, Saturdays, Sundays and legal holidays excluded, whichever shall occur first. The election shall be held on a date not less than thirty (30) days nor more than forty-five (45) days after the date upon which the order is adopted.
Notice of the election shall be given by the municipal clerk by notice published in a newspaper published in the municipality. The notice shall be published once each week for three (3) successive weeks preceding the date of the election. The first notice shall be published at least thirty (30) days before the date of the election. Notice shall also be given by posting a copy of the notice at three (3) public places in the municipality not less than twenty-one (21) days before the date of the election. One (1) of the notices shall be posted at the city, town or village hall. In the event that there is no newspaper published in the municipality, such notice shall be published as provided for above in a newspaper that has a general circulation within the municipality and by posting as provided for above. Additionally, the governing authority may publish the notice in that newspaper for as many additional times as may be deemed necessary by the governing authority.
Each candidate shall qualify by petition filed with the municipal clerk by 5:00 p.m. at least twenty (20) days before the date of the election. If the twentieth day to file the petition before the election falls on a Sunday or legal holiday, the petition filed on the business day immediately following the Sunday or legal holiday shall be accepted. The petition shall be signed by not less than the following number of qualified electors:
(a) For an office of a city, town, village or municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office of a city, town, village or municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
No qualifying fee shall be required of any candidate, and the election shall be held as far as practicable in the same manner as municipal general elections.
The candidate receiving a
majority of the votes cast in the election shall be elected. If no candidate receives
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 election to
be held * * *
four (4) weeks thereafter. The candidate receiving a majority of the
votes cast in the election shall be elected. However, if no candidate receives
a majority and there is a tie in the election of those receiving the next
highest vote, those receiving the next highest vote and the candidate receiving
the highest vote shall have their names placed on the ballot for the election to
be held * * *
four (4) weeks thereafter, and whoever receives the most votes cast in
the election shall be elected.
Should the election held * * * four (4) weeks thereafter result
in a tie vote, the prevailing candidate shall be decided by a toss of a coin or
by lot fairly and publicly drawn under the supervision of the election
commission.
The clerk of the election commission shall then give a certificate of election to the person elected, and return to the Secretary of State a copy of the order of holding the election and runoff election results, certified by the clerk of the governing authority. The person elected shall be commissioned by the Governor.
However, if nineteen (19) days before the date of the election only one (1) person shall have qualified as a candidate, the governing authority, or remainder of the governing authority, shall dispense with the election and appoint that one (1) candidate in lieu of an election. In the event no person shall have qualified by 5:00 p.m. at least twenty (20) days before the date of the election, the governing authority or remainder of the governing authority shall dispense with the election and fill the vacancy by appointment. The clerk of the governing authority shall certify the appointment to the Secretary of State, and the appointed person shall be commissioned by the Governor.
SECTION 7. Section 23-15-981, Mississippi Code of 1972, is amended as follows:
23-15-981. If two (2) or
more candidates qualify for judicial office, the names of those candidates
shall be placed on the general election ballot. If any candidate for such an
office receives a majority of the votes cast for such office in the general election,
he shall be declared elected. If no candidate for such office receives a majority
of the votes cast for such office in the general election, the names of the two
(2) candidates receiving the highest number of votes for such office shall be
placed on the ballot for a second election to be held * * * four (4) weeks later in accordance
with appropriate procedures followed in other elections involving runoff
candidates.
SECTION 8. Section 23-15-1031, Mississippi Code of 1972, is amended as follows:
23-15-1031. Except as
provided by Section 23-15-1081, the first primary election for Congressmen
shall be held on the first Tuesday in June of the years in which congressmen
are elected, and a second primary, if necessary, shall be held * * * four (4) weeks thereafter.
Each year in which a presidential election is held, the congressional primary
shall be held as provided in Section 23-15-1081. The election shall be held in
all districts of the state on the same day. Candidates for United States Senator
shall be nominated at the congressional primary next preceding the general
election at which a senator is to be elected and in the same manner that
congressmen are nominated. The chair and secretary of the state executive
committee shall certify the vote for United States Senator to the Secretary of
State in the same manner that county executive committees certify the returns
of counties in general state and county primary elections.
SECTION 9. Section 23-15-1083, Mississippi Code of 1972, is amended as follows:
23-15-1083. Beginning in
1988, as an alternative to the congressional primary election date set forth in
Section 23-15-1031, when a political party elects to conduct a presidential
preference primary, the first primary election for congressmen, and senators,
if senators are to be elected, shall be held on the second Tuesday in March,
and the second primary, when one is necessary, shall be held * * * four (4) weeks thereafter, and
the election shall be held in all districts of the state on the same day.
SECTION 10. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. The name of any qualified
elector who is a candidate for the county board of education shall be placed on
the ballot used in the general elections by the county election commissioners, provided
that the candidate files with the county election commissioners, not more than ninety
(90) days and not less than sixty (60) days prior to the date of such general election,
a petition of nomination signed by not less than fifty (50) qualified electors of
the county residing within each supervisors district. Where there are less than
one hundred (100) qualified electors in said supervisors district, it shall only
be required that said petition of nomination be signed by at least twenty percent
(20%) of the qualified electors of such supervisors district. The candidate in
each supervisors district who receives the majority of votes cast in the district
shall be declared elected. If no candidate receives a majority of the votes cast
at the election, a runoff shall be held between the two (2) candidates receiving
the highest number of votes in the first election. The runoff election, in the
event that such is necessary, shall be held * * * four (4) weeks after the first
election.
When any member of the county
board of education is to be elected from the county at large under the provisions
of this chapter, then the petition required by the preceding paragraph hereof shall
be signed by the required number of qualified electors residing in any part of the
county outside of the territory embraced within a municipal separate school district
or special municipal separate school district. The candidate who receives the majority
of votes cast in the election shall be declared elected. If no candidate receives
a majority of the votes cast at the election, a runoff shall be held between the
two (2) candidates receiving the highest number of votes in the first election.
The runoff election, in the event that such is necessary, shall be held * * * four (4) weeks after the first
election.
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 11. Section 37-7-215, Mississippi Code of 1972, is amended as follows:
37-7-215. All such
elections shall be held on the first Tuesday after the first Monday in November
of each year and in the same manner as general state and county elections are
held and conducted. In the event a runoff is necessary the runoff shall be held * * * four (4) weeks thereafter.
SECTION 12. Section 37-7-217, Mississippi Code of 1972, is amended as follows:
37-7-217. (1) The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms.
(2) The qualified electors of each school district operating under Section 37-7-215 shall vote on the date specified in that section and at the special trustee election districts.
(3) A person elected shall assume the duties of his office for the full term on the first day of January if the election is for the full term. A person elected to an unexpired term shall assume office immediately.
(4) The county election commissioners shall forthwith certify the results of the election to the superintendent of the municipal separate or special municipal separate school district, as the case may be, which certificate shall be delivered to such superintendent within five (5) days following the first election.
(5) If a person does not receive a majority of the votes cast at the election, a runoff shall be held between the two (2) persons receiving the highest number of votes at the first election. In the event a runoff is necessary the runoff shall be held four (4) weeks thereafter.
SECTION 13. Section 37-7-227, Mississippi Code of 1972, is amended as follows:
37-7-227. (1) The county
election commissioners shall indicate on the ballot which of the persons whose
names appear thereon are candidates for a full term, and which of such persons,
if any, are candidates for an unexpired term or terms. The candidate who
receives a majority of the votes cast, either for a full term or for an
unexpired term or terms, as indicated on the ballot, shall be declared elected,
and the person or persons elected to a full term shall assume the duties of his
office on the first day of January of the year following such election. The
person or persons elected to an unexpired term(s) shall assume office immediately.
If no candidate receives a majority of the votes cast at the election, a runoff
shall be held in the same manner * * * four (4) weeks after the
election between the two (2) candidates receiving the highest number of votes
upon the first ballot.
(2) Notwithstanding any
other provision of law, if an election for school board trustees occurs on a
Tuesday, during a general election, any runoff for such election shall occur * * * four (4) weeks after the
election.
SECTION 14. Section 37-7-711, Mississippi Code of 1972, is amended as follows:
37-7-711. In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the name of any qualified elector who is a candidate for the board of trustees of such special municipal separate school district, whether such person be a candidate for an unexpired term or for a full term, shall be placed on the ballot used in the elections, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. However, in any such special municipal separate school district which embraces the entire county and which borders the Mississippi River and in which Interstate Highway 20 and United States Highway 61 intersect and having a population in excess of forty-seven thousand (47,000) according to the 1990 federal decennial census, the candidate shall be required to file a petition of nomination with the county election commissioners not less than sixty (60) days prior to the date of such general election, in addition to the other requirements prescribed herein.
The candidate in each
election who receives the majority of votes cast in the election shall be
declared to have been elected. If no candidate receives a majority of the
votes cast at the election, a runoff shall be held between the two (2) candidates
receiving the highest number of votes in the first election. The runoff
election, in the event that such is necessary, shall be held * * * four (4) weeks after the first
election.
SECTION 15. This act shall take effect and be in force from and after July 1, 2024.