HB446 - Conference Report

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

[Until July 1, 2006, this section shall read 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."

[From and after July 1, 2006, this section shall read as follows:]

9-5-7. There shall be three (3) chancellors for the First Chancery Court District.

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

[Until July 1, 2006, this section shall read 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."

[From and after July 1, 2006, this section shall read as follows:]

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

SECTION 3. Section 9-5-54, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2006, this section shall read 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."

[From and after July 1, 2006, this section shall read as follows:]

9-5-54. There shall be two (2) chancellors for the Eighteenth Chancery Court District.

SECTION 4. Section 9-7-7, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2006, this section shall read 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."

[From and after July 1, 2006, this section shall read as follows:]

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

SECTION 5. Section 9-7-39, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2006, this section shall read 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

(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."

[From and after July 1, 2006, this section shall read 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

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

SECTION 6. Section 9-7-45, Mississippi Code of 1972, is amended as follows:

9-7-45. The Seventeenth Circuit Court District shall be comprised of the following counties:

(a) Panola County;

(b) * * * Tallahatchie County;

(d) Yalobusha County.

SECTION 7. Section 9-7-46, Mississippi Code of 1972, is amended as follows:

9-7-46. * * * There shall be two (2) circuit judges for the Seventeenth Circuit Court District.

* * *

SECTION 8. Section 9-7-55, Mississippi Code of 1972, is amended as follows:

9-7-55. (1) The Twenty-first Circuit Court District shall be comprised of the following counties:

(a) Holmes County;

(b) Humphreys County; and

(2) There shall be two (2) judges for the Twenty-first Circuit Court District. For 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. The following shall be codified as Section 9-7-59, Mississippi Code of 1972:

9-7-59. (1) The Twenty-third Circuit Court District shall be comprised of DeSoto County.

(2) There shall be two (2) judges for the Twenty-third Circuit Court District.

SECTION 10. Section 23-15-982, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2006, this section shall read 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 First, Third, Eighth, Tenth, Sixteenth, Eighteenth and Twentieth Chancery Court Districts and the First, Second, Eighth, Fourteenth, Nineteenth and Twenty-first Circuit Court Districts.

[From and after July 1, 2006, this section shall read 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).

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

(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, Nineteenth and Twenty-first Circuit Court Districts.

SECTION 11. Section 23-15-983, Mississippi Code of 1972, is amended as follows:

[Until July 1, 2006, this section shall read 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 First, Third, Eighth, Tenth, Sixteenth, Eighteenth and Twentieth Chancery Court Districts and the First, Second, Eighth, Fourteenth, Nineteenth and Twenty-first Circuit Court Districts.

[From and after July 1, 2006, this section shall read 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, Nineteenth and Twenty-first Circuit Court Districts.

SECTION 12. Notwithstanding any other provision of law to the contrary for the election in 2002 only, candidates for chancellor in the First, Third and Eighteenth Chancery Court Districts and for judge in the First and Fourteenth Circuit Court Districts shall qualify by 5:00 p.m. on July 1, 2002.

SECTION 13. (1) There is hereby created a joint study committee to examine the election of justice court judges. The joint committee shall consist of the Chairman of the Senate Elections Committee and five (5) members of the Senate Elections Committee appointed by the Lieutenant Governor, and the Chairman of the House Apportionment and Elections Committee and five (5) members of the House Apportionment and Elections Committee appointed by the Speaker of the House. The Chairman of the Senate Elections Committee and the Chairman of the House Apportionment and Elections Committee shall serve as cochairmen of the joint committee. The joint committee shall examine all aspects of the election of justice court judges and shall, in addition to any other aspects of the election the joint committee may choose to examine the election of justice court judges on a nonpartisan basis.

(2) The joint committee shall make a report of its findings and recommendations, including necessary legislation, to the Legislature on December 1, 2002.

(3) The joint committee shall meet on the call of the cochairmen and shall organize by selecting from its membership a vice chairman who shall also serve as secretary and shall be responsible for keeping all records of the joint committee. A majority of the members of the joint committee shall constitute a quorum. All members shall be notified in writing of all meetings and such notices shall be mailed at least five (5) days prior to the date on which a meeting is to be held.

(4) Members of the committee shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.

(5) All state agencies shall cooperate with the joint committee in providing information and resources necessary for the joint committee to make its study.

(6) The joint committee shall utilize the staff of the Legislature and any other assistance made available to it.

(7) Upon presentation of its report the joint committee shall be dissolved.

SECTION 14. If any section of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections of this act shall be in no manner affected thereby but shall remain in full force and effect.

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. Sections 6, 7, 8 and 9 of this act shall take effect and be in force from and after January 1, 2008, if Senate Concurrent Resolution No. 543, 2002 Regular Session, is ratified by the electorate or from and after January 1, 2006, if Senate Concurrent Resolution No. 543, 2002 Regular Session, is not ratified by the electorate and provided that these sections are effectuated under the Voting Rights Act of 1965, as amended and extended, and the remainder of 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.


CONFEREES FOR THE HOUSE	CONFEREES FOR THE SENATE

X (SIGNED:)	X (SIGNED:)
Thomas U. Reynolds	Hob Bryan

X (SIGNED:)	X (SIGNED:)
Ferr Smith	Gray Tollison

X (SIGNED:)	(NOT SIGNED:)
Edward Blackmon, Jr.	Bennie L. Turner