MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Constitution

By: Representative Reynolds

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTION 140 AND SECTION 141, MISSISSIPPI CONSTITUTION OF 1890, TO ABOLISH THE REQUIREMENT THAT THE GOVERNOR BE ELECTED BY BOTH A MAJORITY OF THE POPULAR VOTE AND A MAJORITY OF THE ELECTORAL VOTES; TO PROVIDE THAT THE PERSON WHO RECEIVES A MAJORITY OF THE POPULAR VOTE FOR THE OFFICE OF GOVERNOR AT THE GENERAL ELECTION SHALL BE DECLARED ELECTED; TO PROVIDE THAT IF NO CANDIDATE RECEIVES A MAJORITY OF THE POPULAR VOTE, THEN THE GOVERNOR SHALL BE ELECTED BY THE HOUSE OF REPRESENTATIVES; AND FOR RELATED PURPOSES.

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

I.

Amend Section 140, Mississippi Constitution of 1890, to read as follows:

"SECTION 140. The Governor of the state shall be elected by the people in a general election to be held on the first Tuesday after the first Monday of November of A.D. 2003, and on the first Tuesday after the first Monday of November in every fourth year thereafter * * *. The person receiving a majority of the number of votes cast in the election for the office shall be declared elected." * * *

II.

Amend Section 141, Mississippi Constitution of 1890, to read as follows:

"SECTION 141. If no person * * * receives such majority,

then the House of Representatives shall proceed to choose a Governor from the two (2) persons who * * * received the highest number of * * * votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted."

BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2000, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment abolishes the requirement that the Governor, in order to be elected, must receive both a majority of the popular vote and a majority of the electoral votes. Under the amendment, the person who receives a majority of the popular vote for Governor at the general election is declared elected. If no candidate receives a majority, the House of Representatives decides the winner."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall 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.