MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Elections

By: Senator(s) Harden (By Request)

AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO INVESTIGATE VIOLATIONS OF THE ELECTION LAWS; TO GRANT THE SECRETARY OF STATE CERTAIN POWERS WITH REGARD TO SUCH INVESTIGATIONS; TO PROVIDE THAT IF THE SECRETARY OF STATE DETERMINES THAT THERE IS PROBABLE CAUSE THAT A CRIMINAL VIOLATION OF THE ELECTION LAWS HAS OCCURRED, HE SHALL PRESENT THE RESULTS OF HIS INVESTIGATION TO THE ATTORNEY GENERAL; TO AUTHORIZE THE ATTORNEY GENERAL TO PROSECUTE CRIMINAL VIOLATIONS OF THE ELECTION LAWS PRESENTED TO HIM AS A RESULT OF INVESTIGATIONS BY THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Secretary of State:

(a) May make such investigations as he deems necessary to determine whether any violation of the election laws of this state have occurred; and

(b) May require or permit any person to file a statement in writing under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning alleged violations of the election laws prior to initiating an investigation of such violation.

(2) For the purpose of any investigation or proceeding under this section, the Secretary of State or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other documents or records which the Secretary of State deems relevant or material to the inquiry.

(3) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon application by the Secretary of State, may issue to the person an order requiring him to appear before the Secretary of State, or the officer designated by him, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.

(4) No person is excused from attending and testifying or from producing any document or record before the Secretary of State, or in obedience to the subpoena of the Secretary of State or any officer designated by him, or in any proceeding instituted by the Secretary of State, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty; but no individual may be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence, except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

(5) If, after conducting an investigation, the Secretary of State determines that there is probable cause to believe that a criminal violation of the election laws has occurred, he shall present the results of his investigation to the Attorney General who may bring and prosecute an action regarding such violation in the name of the state. In any prosecution initiated pursuant to this section, the Attorney General shall have the same right as the district attorney to enter the grand jury room while the grand jury is in session and to perform such services with reference to the work of the grand jury as the district attorney is authorized by law to perform.

SECTION 2. The Attorney General of the State of Mississippi is hereby directed to 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.