Senate Resolution 2

A RESOLUTION TO ESTABLISH THE PROCEDURES TO BE FOLLOWED IN THE ELECTION CONTEST FOR MISSISSIPPI SENATE DISTRICT 29 FILED WITH THE SECRETARY OF THE SENATE BY RICHARD WHITE.

WHEREAS, on or about November 25, 2003, the Hinds County Commissioners of Election certified the election of Dwayne Thomas as Senator for Mississippi Senate District 29; and

WHEREAS, on December 5, 2003, Richard White filed with the Secretary of the Senate a Petition to Contest the Election for Mississippi State Senate District 29; and

WHEREAS, Section 38, Mississippi Constitution of 1890, provides that each house of the Legislature "...shall judge of the qualification, return and election of its own members"; and

WHEREAS, the Senate has adopted no rule establishing procedures to govern election contests of Senate seats, and the Mississippi Legislature has adopted no statutes governing the specific procedures involved in handling the contest of an election other than Sections 23-15-955 and 23-15-957; and

WHEREAS, Section 23-15-955 provides that the legislative resolution of election contests involving Senate and House of Representative seats "...shall be conducted in accordance with procedures and precedents established by the House of Representatives or the Senate as the case may be. Such procedures and precedents may be found in the Journals of the House of Representatives and of the State Senate and/or in the published Rules of the House of Representatives and of the State Senate"; and

WHEREAS, the Senate has the authority to establish procedures for the handling of election contests pursuant to Section 38, Mississippi Constitution of 1890, and Section 23-15-955:

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, That effective upon the adoption of this resolution, the procedure for resolving the contest of the election in Senate District 29 shall be as follows:

(1) The Lieutenant Governor shall appoint a special committee to investigate the election contest and make recommendations to the Senate regarding the resolution of the contest. The special committee shall be composed of one (1) member of the Senate from each congressional district and one (1) member of the Senate appointed from the state at large. As soon as practicable, the committee shall meet to review the election contest.

(2) (a) The special committee may allow either party to the election contest to obtain discovery regarding any matter, not privileged, which is relevant to the particular grounds stated in the election contest or any response thereto.

(b) If discovery is allowed, all forms of discovery shall be completed within time limits set by the special committee.

(3) The special committee shall meet as soon as practicable after the adoption of this resolution. The resolution of the election contest shall be a matter of the highest priority for the Senate, and any conflicts in scheduling meetings of the special committee shall be resolved in favor of expediting the committee's work on the election contest. The special committee shall have the power to investigate all facts concerning the election or qualifications of any member or contestant, but shall not place itself in the position of investigating matters not alleged in the election contest or any response thereto. It also shall have the power to issue subpoenas and compel the attendance of witnesses and the production of such documents or papers as may be required as provided for in Section 23-15-957.

(4) The committee shall conclude its deliberations, file a report of its findings with the Secretary of the Senate and report a resolution containing its recommendations to resolve the election contest by not later than Thursday, January 15, 2004, unless the special committee determines, by a majority vote, that circumstances require an extension of the reporting deadline to a later date. Dissenting members of the special committee may file a minority report with the Secretary of the Senate by not later than the date the special committee files the report of its findings. The resolution, once reported to the Senate, shall be subject to amendment and shall be adopted by a majority vote of those present and voting. The resolution adopted by the Senate may contain the following remedies:

(a) The permanent seating of the person who was certified;

(b) The permanent seating of the petitioner in the election contest;

(d) An order requiring a new election for the district or for certain precincts in the district, as appropriate; or

(e) Any other remedy including those that are available to the courts in cases involving an election contest.

(5) If a party to the election contest is permanently seated, the person shall receive the regular compensation and expenses of a member of the Senate and be entitled to all rights and privileges of the office of Senator, including, but not limited to, seniority, retroactive to the beginning of the session.