Senate Bill 2289

(As Passed the Senate)

AN ACT TO AMEND SECTION 23-15-839, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT VACANCIES IN THE OFFICE OF COUNTY JUDGE ARE TO BE FILLED IN THE SAME MANNER AS VACANCIES IN THE OFFICE OF CIRCUIT JUDGE; TO AMEND SECTION 9-1-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE GOVERNOR'S APPOINTMENT OF A JUDGE TO FILL A VACANCY IN THE DEFINED JUDICIAL OFFICES SHALL BE FOR THE REMAINDER OF THE UNEXPIRED TERM VACATED; TO REPEAL SECTION 23-15-849, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE FILLING OF VACANCIES IN THE OFFICE OF JUDGE OF THE SUPREME COURT OR COURT OF APPEALS OR CIRCUIT JUDGE OR CHANCELLOR BY SPECIAL ELECTION IF THE NEXT REGULAR ELECTION OCCURS MORE THAN NINE MONTHS AFTER THE EXISTENCE OF THE VACANCY TO BE FILLED AND WHICH APPLIES TO THE FILLING OF VACANCIES IN THE OFFICE OF JUDGE OF THE COUNTY COURT BY APPLICATION OF SECTION 9-9-5, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-839, Mississippi Code of 1972, is amended as follows:

23-15-839. (1) When a vacancy shall occur in any county or county district office other than the office of county court judge, the same shall be filled by appointment by the board of supervisors of the county, by order entered upon its minutes, where the vacancy occurs, or by appointment of the president of the board of supervisors, by and with the consent of the majority of the board of supervisors, if such vacancy occurs when said board is not in session, and the clerk of the board shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor; and if the unexpired term be longer than six (6) months, such appointee shall serve until a successor is elected as hereinafter provided, unless the regular special election day on which the vacancy should be filled occurs in a year in which an election would normally be held for that office as provided by law, in which case the person so appointed shall serve the unexpired portion of the term. Such vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The board of supervisors of the county shall, within ten (10) days after the happening of the vacancy, make an order, in writing, directed to the commissioners of election, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election, showing the results thereof, certified by the clerk of the board of supervisors. The person elected shall be commissioned by the Governor.

(2) In any election ordered pursuant to this section where only one (1) person shall have qualified with the commissioners of election to be a candidate within the time provided by law, the commissioners of election shall certify to the board of supervisors that there is but one (1) candidate. Thereupon, the board of supervisors shall dispense with the election and shall appoint the candidate so certified to fill the unexpired term. The clerk of the board shall certify to the Secretary of State the candidate so appointed to serve in said office and that candidate shall be commissioned by the Governor. In the event that no person shall have qualified by 5:00 p.m. sixty (60) days prior to the date of the election, the commissioners of election shall certify that fact to the board of supervisors which shall dispense with the election and fill the vacancy by appointment. The clerk of the board of supervisors shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor.

SECTION 2. Section 9-1-103, Mississippi Code of 1972, is amended as follows:

9-1-103. Whenever a vacancy shall occur in any judicial

office by reason of death of an incumbent, resignation or retirement of an incumbent, removal of an incumbent from office,

or, unless specific provision to fill the new judicial office has been made in law, creation of a new judicial office in which there has not heretofore been an incumbent, the Governor shall have the authority to appoint a qualified person to fill such vacancy to

serve for the unexpired term * * *. Appointments for such vacancies made by the Governor from and after the effective date of Senate Bill No. 2289, 2002 Regular Session, shall be subject to the advice and consent of the Senate. When a vacancy shall occur for any of the reasons enumerated in this section, the clerk of the court shall notify the Governor of such vacancy immediately. The vacancy shall not be filled if the Governor fails to submit the appointment to the Senate within twelve (12) months from the date the vacancy occurs.

SECTION 3. Section 23-15-849, Mississippi Code of 1972, which provides for the filling of vacancies in the office of Judge of the Supreme Court or Court of Appeals or circuit judge or chancellor by special election if the next regular election occurs more than nine months after the existence of the vacancy to be filled, and which applies to the filling of vacancies in the office of judge of the county court by application of Section 9-9-5, Mississippi Code of 1972, is repealed.

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.