Senate Bill 2319

AN ACT TO AMEND SECTION 23-15-981, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN AN ELECTION FOR JUDICIAL OFFICE IN WHICH NO CANDIDATE RECEIVES A MAJORITY VOTE, THAT THE CANDIDATE WHO RECEIVES THE HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION SHALL BE DECLARED ELECTED IF THE CANDIDATE WHO RECEIVES THE SECOND HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION FOR ANY REASON DECLINES TO ENTER THE SECOND ELECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-981, Mississippi Code of 1972, is amended as follows:

23-15-981. If two (2) or more candidates qualify for judicial office, the names of those candidates shall be placed on the general election ballot. If any candidate for such an office receives a majority of the votes cast for such office in the general election, he shall be declared elected. If no candidate for such office receives a majority of the votes cast for such office in the general election, the names of the two (2) candidates receiving the highest number of votes for such office shall be placed on the ballot for a second election to be held two (2) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates. If the candidate who received the second highest number of votes cast for judicial office in the general election for any reason declines to enter the second election, then the candidate for judicial office who received the highest number of votes cast in the general election shall be declared elected.

SECTION 2. 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 3. 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.