MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Constitution

By: Senator(s) Hawks, Johnson (19th), White (29th)

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 TO PROVIDE A RECALL PROCEDURE FOR THE RECALL OF COUNTY, CHANCERY, CIRCUIT, APPELLATE AND SUPREME COURT JUDGES; TO PROVIDE FOR A RECALL ELECTION.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend by adding the following section:

Section __. Citizens may petition for the recall of any county, chancery, circuit, Court of Appeals or Supreme Court judge by filing a petition signed by qualified electors equal in number to at least twelve percent (12%) of the votes cast in the judge's district at the last judicial election. The petition for the recall of a judge shall be filed with the Secretary of State. The circuit clerk shall certify that a petition has the requisite number of signatures for the recall of county, chancery and circuit judges. The Secretary of State shall certify that a petition has the requisite number of signatures for the recall of Court of Appeals and Supreme Court judges. Upon certification that a recall petition has the requisite number of signatures, the Governor shall call for a recall election within two (2) weeks of the certification. The ballot issue to be presented to the voters shall be as follows:

"Shall ( judge's name ) be recalled from office and a new election held to replace the judge?"

If a majority voting in the election vote in favor of the proposition, the judge shall be deemed immediately removed from office and a special election to fill the position shall be called as provided by law.

The Legislature may enact laws to carry out the provisions of this section.

BE IT FURTHER RESOLVED, That this amendment shall be submitted to the qualified electors at an election held on the first Tuesday after the first Monday of November 1999, as provided by Section 273 of the Constitution and by law.

BE IT FURTHER RESOLVED, That the explanation of this amendment for the ballot shall read as follows: "This proposed constitutional amendment provides for a recall election for county, chancery, circuit, Court of Appeals and Supreme Court judges."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi is hereby directed to submit this resolution, immediately upon adoption by the Legislature, 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.