MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Apportionment and Elections

By: Representative Moak

AN ACT TO AMEND SECTION 23-15-811, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CANDIDATE OR OTHER PERSON WHO IS REQUIRED TO FILE ANY CAMPAIGN FINANCE DISCLOSURE REPORT AND WHO FAILS TO FILE THE REPORT TIMELY SHALL BE GUILTY OF A MISDEMEANOR; TO PRESCRIBE PENALTIES FOR THE VIOLATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-811, Mississippi Code of 1972, is amended as follows:

23-15-811. (a) Except as otherwise provided in paragraph (c) of this section, any candidate or any other person who wilfully and deliberately violates any of the provisions * * * of this article is guilty of a misdemeanor and, upon conviction, * * * shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00).

(b) In addition to the penalties provided in paragraph (a) of this section, any candidate or political committee that is required to file a statement or report which fails to file the statement or report on the date on which it is due may be compelled to file the statement or report by an action in the nature of a mandamus.

(c) Any candidate or any other person who fails to file timely any report required under this article is guilty, upon conviction, of a misdemeanor and shall be punished for each  violation by a fine of not more than Five Hundred Dollars ($500.00), by imprisonment for not more than six (6) months, or by both fine and imprisonment.

(d) No candidate may be certified as nominated for election or as elected to office * * * until he files all reports required by this article due as of the date of certification.

(e) No candidate who is elected to office may receive any salary or other remuneration for the office * * * until he files all reports required by this article due as of the date such salary or remuneration is payable.

(f) If a candidate fails to file timely any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported by him as of the date on which the sanctions of paragraphs (d) and (e) of this section would be applied to him, the candidate is not subject to the sanctions of * * * paragraphs (d) and (e) of this section.

SECTION 2. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or from and after July 1, 1999, whichever date is later.