MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A; Appropriations

By: Representative Frierson

AN ACT TO AMEND SECTION 9-7-42, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL JUDGE FOR THE FIFTEENTH CIRCUIT COURT DISTRICT; TO AMEND SECTIONS 23-15-977, 23-15-982 AND 23-15-983, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-7-42, Mississippi Code of 1972, is amended as follows:

9-7-42. (1) There shall be two (2) judges for the Fifteenth Circuit Court District; however, from and after January 1, 2001, there shall be three (3) judges for the Fifteenth Circuit Court District.

(2) For the purposes of appointment and election, from and after January 1, 2001, the three (3) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

(3) For the purposes of the 2000 election only, any candidates for the third position of Circuit Judge of the Fifteenth Circuit Court District, or "Place Three" created under subsection (1) of this section, shall file their intent to be a candidate not later than sixty (60) days prior to the general election. The qualification and election of the three (3) judgeships shall otherwise be as provided by Sections 23-15-974 through 23-15-985.

SECTION 2. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. (1) Except as may be otherwise provided by law, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).

(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.

(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate filed with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.

SECTION 3. Section 23-15-982, Mississippi Code of 1972, is amended as follows:

23-15-982. (1) Majority of vote equals any excess of the total vote for all candidates divided by the number of judgeships to be filled divided by two (2).

If some or all candidates in a multijudge election do not receive a majority of the vote, then candidates equal in number to twice the number of remaining positions to be filled and having the highest votes shall run in a runoff election. In such event, if there is not a sufficient number of remaining candidates equal to twice the number of remaining positions to be filled, then all remaining candidates shall run in the runoff election.

(2) Any tie votes which require resolution to determine who shall enter a runoff election shall be determined by the commissioners of election in the manner prescribed by Sections 23-15-601 and 23-15-605.

Candidates equal to the remaining number of positions to be filled who have the highest votes in the runoff election are elected.

Any tie votes which must be determined in order to decide who is elected as a result of a runoff election shall be determined by the State Election Commission in the manner prescribed by Sections 23-15-601 and 23-15-605.

(3) The provisions of this section shall apply only to districts and subdistricts which are multijudge districts except for the Eighth, Tenth, Sixteenth and Twentieth Chancery Court Districts and the Second, Eighth, Fifteenth and Nineteenth Circuit Court Districts.

SECTION 4. Section 23-15-983, Mississippi Code of 1972, is amended as follows:

23-15-983. At the general election, the candidates equal to the number of positions to be filled and having the highest votes shall be elected.

Any tie votes in the general election which must be resolved in order to determine who is elected shall be resolved in the manner prescribed by Sections 23-15-601 and 23-15-605.

The provisions of this section shall apply only to districts and subdistricts which are multijudge districts except for the Eighth, Tenth, Sixteenth and Twentieth Chancery Court Districts and the Second, Eighth, Fifteenth and Nineteenth Circuit Court Districts.

SECTION 5. The Attorney General of the State of Mississippi is 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 6. 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.