MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Elections

By: Senator(s) Tollison

AN ACT TO AMEND SECTION 23-15-365, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE EVENT OF THE DEATH, RESIGNATION, WITHDRAWAL OR REMOVAL OF A CANDIDATE AFTER THE QUALIFYING DEADLINE, THE NAME OF THE CANDIDATE DULY SUBSTITUTED MAY BE WRITTEN BY THE VOTER IN THE BLANK SPACE ON THE GENERAL ELECTION AND SPECIAL ELECTION BALLOTS; TO AMEND SECTION 23-15-333, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE EVENT OF THE DEATH OF A CANDIDATE BETWEEN THE QUALIFYING DEADLINE AND THE DATE OF THE FIRST PRIMARY ELECTION, THE NAME OF THE CANDIDATE DULY SUBSTITUTED IN THE PLACE OF THE DECEASED CANDIDATE MAY BE WRITTEN BY THE VOTER IN THE BLANK SPACE ON THE PRIMARY ELECTION BALLOT; TO AMEND SECTION 23-15-317, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A PERSON NOMINATED FOR OFFICE DIES OR IS REMOVED OR WITHDRAWS OR RESIGNS BETWEEN THE QUALIFYING DEADLINE AND THE GENERAL ELECTION AND THE PERSON IS UNOPPOSED IN THE PRIMARY ELECTION, THE APPROPRIATE EXECUTIVE COMMITTEE IS AUTHORIZED TO NOMINATE A SUBSTITUTE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-365, Mississippi Code of 1972, is amended as follows:

23-15-365. There shall be left on each ballot one (1) blank space under the title of each office to be voted for, and in the event of the death, resignation, withdrawal or removal of any candidate between the qualifying deadline and the date of the general election, the name of the candidate duly substituted in the place of such candidate may be written in such blank space by the voter. In the case of a special election in which no primary is conducted, the name of the candidate duly substituted may be written in such blank space by the voter if the death, resignation, withdrawal or removal of any candidate occurs after the qualifying deadline.

SECTION 2. Section 23-15-333, Mississippi Code of 1972, is amended as follows:

23-15-333. The county executive committee shall have printed all necessary ballots, for use in primary elections. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate between the qualifying deadline and the date of the first primary election, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. The order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed.

The county executive committee shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall be printed in large, clear type on "Cards of Instruction," and the county executive committee shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the county executive committee and they may be used, if applicable, in subsequent elections.

SECTION 3. Section 23-15-317, Mississippi Code of 1972, is amended as follows:

23-15-317. If any person nominated for office in a primary election shall die, be removed after his nomination or withdraw or resign from his candidacy for a legitimate nonpolitical reason as defined in this section, and such vacancy in nomination shall occur between the primary election and the ensuing general election, or between the qualifying deadline and the general election if the person is unopposed in the primary election of the political party with which the person is affiliated, then the municipal, county or state executive committee with which the original nominee qualified as a candidate in the primary election shall nominate a nominee for such office. Where such a party nominee is unopposed each political party registered with the State Board of Election Commissioners shall have the privilege of nominating a candidate for the office involved. Such nominee shall be duly certified by the respective executive committee chairman. Within two (2) days after such nomination is made by the appropriate executive committee, such committee shall formally notify the Secretary of State of the name of the nominee. The Secretary of State shall thereupon officially notify the appropriate officials charged with conducting the election for the office wherein the vacancy occurred of the name of the nominee. All nominations made pursuant to the provisions of this section shall have the same force and effect and shall entitle the nominees to all rights and privileges that would accrue to them as if they had been nominated in the regular primary election.

"Legitimate nonpolitical reason" as used in this section shall be limited to the following:

(a) Reasons of health, which shall include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued.

(b) Family crises, which shall include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business.

(c) Substantial business conflict, which shall include the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to properly carry out the functions of the office being sought.

Any candidate who withdraws based upon a "legitimate nonpolitical reason" which is not covered by the above definition shall have the strict burden of proof for his reason.

A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit. Such affidavit shall be filed with the state party chairman of the nominee's party and the State Board of Election Commissioners. No substitution of candidates shall be authorized, except for death or disqualification, unless the State Board of Election Commissioners approves the affidavit as constituting a "legitimate nonpolitical reason" for the candidate's resignation within five (5) days of the date the affidavit is submitted to the board.

Immediately upon approval or disapproval of such affidavit, the State Board of Election Commissioners shall notify the respective executive committee of same.

SECTION 4. 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 5. 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.