MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Judiciary A; Apportionment and Elections
By: Representative Holland
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, 9-7-46 AND 9-7-54, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR POSTS IN THE FIRST, THIRD, FIFTH, TENTH, FOURTEENTH, FIFTEENTH, SIXTEENTH AND TWENTIETH CIRCUIT COURT DISTRICTS; TO BRING FORWARD SECTION 9-7-45, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 23-15-982 AND 23-15-983, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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) judgeships 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 9-7-45, Mississippi Code of 1972, is brought forward as follows:
9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall consist of DeSoto County; and
(b) Subdistrict 17-2 shall consist of Panola County, Tallahatchie County, Tate County and Yalobusha County.
SECTION 14. Section 9-7-46, Mississippi Code of 1972, is amended as follows:
9-7-46. (1) There shall be three (3) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the three (3) judgeships shall be separate and distinct, and one (1) judge shall be elected from subdistrict 17-1 and two (2) judges shall be elected from subdistrict 17-2. The two (2) judgeships in subdistrict 17-2 shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 15. 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 16. Section 23-15-982, Mississippi Code of 1972, is amended 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, Sixth, Eighth, Tenth, Twelfth, Sixteenth, Eighteenth and Twentieth Chancery Court Districts and Subdistrict 3-2 of the Third Chancery Court District and the First, Second, Third, Fifth, Eighth, Tenth, Fourteenth, Fifteenth, Sixteenth, Subdistrict 17-2 of the Seventeenth Circuit Court District, Nineteenth and Twentieth Circuit Court Districts.
SECTION 17. Section 23-15-983, Mississippi Code of 1972, is amended 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, Sixth, Eighth, Tenth, Twelfth, Sixteenth, Eighteenth and Twentieth Chancery Court Districts and Subdistrict 3-2 of the Third Chancery Court District and the First, Second, Third, Fifth, Eighth, Tenth, Fourteenth, Fifteenth, Sixteenth, Subdistrict 17-2 of the Seventeenth Circuit Court District, Nineteenth and Twentieth Circuit Court Districts.
SECTION 18. 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 19. 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, whichever date is later.