MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary; Elections

By: Senator(s) Williamson

Senate Bill 2253

AN ACT TO AMEND SECTIONS 9-5-7, 9-5-13, 9-5-22, 9-5-40 AND 9-5-54, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ELECTION BY POSTS OF CHANCELLORS IN CERTAIN CHANCERY COURT DISTRICTS; TO AMEND SECTIONS 9-7-7, 9-7-14, 9-7-20, 9-7-32, 9-7-39, 9-7-42, 9-7-44 AND 9-7-54, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR POSTS IN CERTAIN CIRCUIT COURT DISTRICTS; TO REPEAL SECTIONS 23-15-982 AND 23-15-983, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CALCULATION OF VOTE IN MULTIJUDGE DISTRICTS WHEREIN CANDIDATES RUN "IN THE HERD"; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-5-7, Mississippi Code of 1972, is amended as follows:

     9-5-7.  There shall be three (3) chancellors for the First Chancery Court District.  For purposes of appointment and election the three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two" and "Place Three."

     SECTION 2.  Section 9-5-13, Mississippi Code of 1972, is amended as follows:

     9-5-13.  (1)  There shall be three (3) chancellors for the Third Chancery Court District.

     (2)  The chancellor of Subdistrict 3-1 shall be elected from DeSoto County.  The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.  For purposes of appointment and election the two (2) chancellorships in Subdistrict 3-2 shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 3.  Section 9-5-22, Mississippi Code of 1972, is amended as follows:

     9-5-22.  There shall be two (2) chancellors for the Sixth Chancery Court District.  For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 4.  Section 9-5-40, Mississippi Code of 1972, is amended as follows:

     9-5-40.  There shall be two (2) judges for the Twelfth Chancery Court District.  For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 5.  Section 9-5-54, Mississippi Code of 1972, is amended as follows:

     9-5-54.  There shall be two (2) chancellors for the Eighteenth Chancery Court District.  For purposes of appointment and election the two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 6.  Section 9-7-7, Mississippi Code of 1972, is amended as follows:

     9-7-7.  (1)  There shall be three (3) judges for the First Circuit Court District.

     (2)  For the purposes of appointment and election 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."

     SECTION 7.  Section 9-7-14, Mississippi Code of 1972, is amended as follows:

     9-7-14.  (1)  There shall be two (2) circuit judges for the Third Circuit Court District.

     (2)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 8.  Section 9-7-20, Mississippi Code of 1972, is amended as follows:

     9-7-20.  (1)  There shall be two (2) judges for the Fifth Circuit Court District.

     (2)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 9.  Section 9-7-32, Mississippi Code of 1972, is amended as follows:

     9-7-32.  (1)  There shall be two (2) judges for the Tenth Circuit Court District.

     (2)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 10.  Section 9-7-39, Mississippi Code of 1972, is amended as follows:

     9-7-39.  (1)  The Fourteenth Circuit Court District shall be comprised of the following counties:

          (a)  Lincoln County;

          (b)  Pike County; and

          (c)  Walthall County.

     (2)  There shall be two (2) judges for the Fourteenth Circuit Court District.

     (3)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 11.  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.

     (2)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 12.  Section 9-7-44, Mississippi Code of 1972, is amended as follows:

     9-7-44.  (1)  There shall be two (2) judges for the Sixteenth Circuit Court District.

     (2)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 13.  Section 9-7-54, Mississippi Code of 1972, is amended as follows:

     9-7-54.  (1)  There shall be two (2) judges for the Twentieth Circuit Court District.

     (2)  For the purposes of appointment and election the two (2) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."

     SECTION 14.  Sections 23-15-982 and 23-15-983, Mississippi Code of 1972, which provide for the calculation of the vote in multijudge districts in which candidates run "in the herd" are repealed.

     SECTION 15.  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 16.  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.