MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary A
By: Representative Blackmon, Warren, Rotenberry
AN ACT TO AMEND SECTION 9-5-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 2000 CENSUS; TO AMEND SECTIONS 9-5-1, 9-5-7, 9-5-11, 9-5-13, 9-5-17, 9-5-22, 9-5-23, 9-5-25, 9-5-31, 9-5-36, 9-5-37, 9-5-40, 9-5-43, 9-5-51, 9-5-54 AND 9-5-58, MISSISSIPPI CODE OF 1972, TO REDISTRICT CERTAIN CHANCERY COURT DISTRICTS; TO REVISE CERTAIN CHANCELLORSHIPS; TO PROVIDE NEW CHANCELLORS IN CERTAIN CHANCERY COURT DISTRICTS; TO CREATE SUBDISTRICTS IN CERTAIN CHANCERY COURT DISTRICTS; TO CODIFY SECTION 9-5-42, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL CHANCELLOR FOR THE THIRTEENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-7-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 2000 CENSUS; TO AMEND SECTIONS 9-7-1, 9-7-7, 9-7-14, 9-7-15, 9-7-20, 9-7-21, 9-7-23, 9-7-25, 9-7-29, 9-7-32, 9-7-33, 9-7-42, 9-7-44, 9-7-46, 9-7-53 AND 9-7-54, MISSISSIPPI CODE OF 1972, TO REDISTRICT CERTAIN CIRCUIT COURT DISTRICTS; TO CREATE SUBDISTRICTS IN CERTAIN CIRCUIT COURT DISTRICTS; TO REVISE CERTAIN JUDGESHIPS; TO PROVIDE NEW JUDGES IN CERTAIN CIRCUIT COURT DISTRICTS; TO CREATE SECTION 9-7-59 AND 9-7-60, MISSISSIPPI CODE OF 1972, TO CREATE THE TWENTY-THIRD CIRCUIT COURT DISTRICT; 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 9-5-1, Mississippi Code of 1972, is amended as follows:
9-5-1. A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 2000. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.
SECTION 2. Section 9-5-7, Mississippi Code of 1972, is amended as follows:
9-5-7. (1) There shall be four (4) chancellors for the First Chancery Court District.
(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The chancellor to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The chancellor to fill Place Two shall be a resident of Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellors to fill Place Three and Place Four shall be residents of Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss, Tishomingo or Union Counties. Election of the four (4) offices of chancellor shall be by election to be held in every county within the First Chancery Court District of Mississippi.
SECTION 3. Section 9-5-11, Mississippi Code of 1972, is amended as follows:
9-5-11. * * * The Third Chancery Court District shall be comprised of the following counties:
(a) DeSoto County;
(b) Grenada County;
(c) Montgomery County;
(d) Panola County;
(e) Tate County; and
(f) Yalobusha County.
* * *
SECTION 4. 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) 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 5. Section 9-5-17, Mississippi Code of 1972, is amended as follows:
9-5-17. (1) The Fifth Chancery Court District shall be comprised of Hinds County.
(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:
(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 44, 45, 46, 78, 79, 72, 73, 74, 75, 76, 77, 92, 93, 96, 1, 2, 4, 5, 6, 8, 9, 10, 32, 47 and 97.
(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: Precincts 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, * * * 27, * * * 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.
(c) Subdistrict 5-3 shall consist of the following precincts in Hinds County: Precincts 21, 22, 23, 25, 28, 31, 86, 58, 59, 66, 67, 68, 69, 70, 71, 89, 24, 26, 54, 55, 56, 57, 60, 61, 62, 18, 19, 20, 50, 51, 52, 53, 63 and 64 and Jackson State Precinct.
(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: Precincts 94, 95, 87, 88, 90 and 91, Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram 1, Byram 2, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.
SECTION 6. Section 9-5-22, Mississippi Code of 1972, is amended as follows:
9-5-22. (1) There shall be two (2) chancellors for the Sixth Chancery Court District.
(2) 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 7. Section 9-5-23, Mississippi Code of 1972, is amended as follows:
9-5-23. (1) The Seventh Chancery Court District shall be comprised of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Leflore County;
(d) Quitman County;
(e) Tallahatchie County; and
(f) Tunica County.
(2) The Seventh Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 7-1 shall consist of Quitman County; Tunica County; the following precincts in Coahoma County: Lula, Coahoma, Lyon, Clarksdale 1-4, Clarksdale 2-4, Jonestown and Clarksdale 4-3 Precincts; the following precincts in Leflore County: North Greenwood, Money and Northeast Greenwood Precincts; and the following precincts in Tallahatchie County: Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverrette, Cascilla, Murphreesboro, Rosebloom and Philipp Precincts.
(b) Subdistrict 7-2 shall consist of Bolivar County and the following precincts in Coahoma County: Friars Point, Forrell, Sherard, Rena Lara and Clarksdale 5-4 Precincts.
(c) Subdistrict 7-3 shall consist of the following precincts in Coahoma County: Dublin, Clarksdale 3-3, Clarksdale 3-4, Cagle Crossing, Clarksdale 4-2, Bobo and Roundway Precincts; the following precincts in Leflore County: Minter City, East Greenwood Sub-A, East Greenwood Sub-B, Schlater, Central Greenwood, West Greenwood, Mississippi Valley State University, North Itta Bena, South Itta Bena, Southwest Greenwood, Rising Sun, Southeast Greenwood, Sidon, Morgan City, Swiftown and South Greenwood Precincts; and the following precincts in Tallahatchie County: Brazil, Webb Beat 2, Sumner Beat 2, Cowart, Tippo, Glendora, Webb Beat 4, Webb Beat 5, Sumner Beat 5 and Tutwiler Precincts.
SECTION 8. Section 9-5-25, Mississippi Code of 1972, is amended as follows:
9-5-25. There shall be three (3) chancellors for the Seventh Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 9. Section 9-5-31, Mississippi Code of 1972, is amended as follows:
9-5-31. (1) The Ninth Chancery Court District shall be comprised of the following counties:
(a) Humphreys County;
(b) Issaquena County;
(c) Sharkey County;
(d) Sunflower County;
(e) Warren County; and
(f) Washington County.
(2) The Ninth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 9-1 shall consist of the following precincts in the following counties:
(i) Sunflower County: Indianola 3 North, Indianola 3 South, Ruleville, Boyer-Linn, Fairview-Hale, Rome, Sunflower Plantation, Drew and Ruleville North Precincts; and
(ii) Washington County: Buster Brown Community Center, Extension Building, Faith Lutheran Church, Brent Center, William Percy Library, American Legion, Metcalf City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.
(b) Subdistrict 9-2 shall consist of Humphreys County and the following precincts in the following counties:
(i) Sunflower County: Inverness, Indianola 1, Moorhead, Indianola 2 West, Indianola 2 East, Sunflower, Indianola 3 Northeast, Doddsville and Sunflower 4 Precincts; and
(ii) Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Avon Health Center, Arcola City Hall, Kapco Co., Hollandale City Hall, Darlove Baptist Church, Mangelardi Bourbon Store and Grace Methodist Church Precincts.
(c) Subdistrict 9-3 shall consist of Issaquena County, Sharkey County and Warren County.
SECTION 10. Section 9-5-36, Mississippi Code of 1972, is amended as follows:
9-5-36. (1) There shall be four (4) chancellors for the Tenth Chancery Court District.
(2) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," * * * "Place Three" and "Place Four," respectively. The chancellor to fill Place One shall be a resident of Forrest, Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Two shall be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three shall be a resident of Forrest County. The chancellor to fill Place Three shall be a resident of Forrest, Lamar, Marion, Pearl River or Perry County. Election of the four (4) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District of Mississippi.
SECTION 11. Section 9-5-37, Mississippi Code of 1972, is amended as follows:
9-5-37. (1) The Eleventh Chancery Court District shall be comprised of the following counties:
(a) Holmes County;
(b) Leake County;
(c) Madison County; and
(d) Yazoo County.
(2) The Eleventh Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of Holmes County, Yazoo County and Canton Precinct 4, Canton Precinct 5, Smith School, Magnolia Heights, Flora and Bible Church Precincts of Madison County;
(b) Subdistrict 11-2 shall consist of Leake County and Ratliff Ferry, Madisonville, Trace Harbor, Canton Precinct 1, Canton Precinct 2, Canton Precinct 3, Canton Precinct 7, Cameron Street, Main Harbor, Victory Baptist Church, Bear Creek, Madison 1, Madison 2, Madison 3, Ridgeland 1, Ridgeland 3, Ridgeland 4, Ridgeland First Methodist Church, Gluckstadt, Lorman/Cavalier, Tougaloo, Cobblestone Church of God, Highland Colony Baptist Church, Whisper Lake, Virlilia, Liberty, New Industrial Park, Madison County Baptist Family Life Center, Cameron, Couparle, Camden, Sharon and Luther Branson School Precincts of Madison County.
SECTION 12. Section 9-5-40, Mississippi Code of 1972, is amended as follows:
9-5-40. (1) There shall be two (2) judges for the Twelfth Chancery Court District.
(2) 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 13. The following shall be codified as Section 9-5-42, Mississippi Code of 1972:
9-5-42. (1) There shall be two (2) chancellors for the Thirteenth Chancery Court District.
(2) 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 14. Section 9-5-43, Mississippi Code of 1972, is amended as follows:
9-5-43. (1) The Fourteenth Chancery Court District shall be comprised of the following counties:
(a) Chickasaw County;
(b) Clay County;
(c) Lowndes County;
(d) Noxubee County;
(e) Oktibbeha County; and
(f) Webster County.
(2) The Fourteenth Chancery Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 14-1 shall consist of Chickasaw County, Webster County and the following precincts in Oktibbeha County: West Starkville, Adaton, North Longview, Self Creek, Double Springs, Northeast Starkville, East Starkville, North Starkville, Maben, South Starkville, South Longview, Craig Springs, Bradley, Center Grove and Sturgis Precincts.
(b) Subdistrict 14-2 shall consist of the following precincts in the following counties:
(i) Clay County: Vinton, East West Point, Siloam, Central West Point, South West Point and Cedar Bluff Precincts; and
(ii) Lowndes County: Caledonia, Steens A, Steens B, Caldwell, Stokes Beard B, Fairview, Sale, Rural Hill B, Lee High, Brandon A, Brandon B, Franklin A, Franklin B, Air Base A, Air Base B, Air Base C, Air Base D, Steens C, Rural Hill A, New Hope A, Mitchell, New Hope B, Union Academy A and University A Precincts.
(c) Subdistrict 14-3 shall consist of Noxubee County and the following precincts in the following counties:
(i) Clay County: North West Point, Union Star, Tibbee, Cairo, Caradine, Una, West Point, Pheba and Pine Bluff Precincts;
(ii) Lowndes County: Co-op A, Co-op B, Trinity, Coleman, Stokes Beard A, Fairgrounds A, Fairgrounds B, Fairgrounds C, Coleman, Plum Grove A, Crawford A, Hunt C, Hunt B, Hunt A, Union Academy B, University B, West Lowndes, Artesia, Mayhew, Crawford B, Crawford C, New Hope C, Plum Grove B and Plum Grove C Precincts; and
(iii) Oktibbeha County: Osborn, Hickory Grove, Bell Schoolhouse, Central Starkville, Gillespie Street Center, Sessums and Oktoc Precincts.
SECTION 15. Section 9-5-51, Mississippi Code of 1972, is amended as follows:
9-5-51. (1) The Seventeenth Chancery Court District shall be comprised of the following counties:
(a) Adams County;
(b) Claiborne County;
(c) Jefferson County; and
(d) Wilkinson County.
(2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: * * * Palestine, Northside School, Thompson, Pine Ridge, Airport * * * and Washington Precincts.
(b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Bellemont, Carpenter * * *, Duncan Park, Beau Pre, Kingston, Concord, Convention Center, Maryland Heights, Liberty Park, Morgantown, Foster Mound and Oakland Precincts.
(3) There shall be two (2) chancellors for the Seventeenth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
SECTION 16. Section 9-5-54, Mississippi Code of 1972, is amended as follows:
9-5-54. (1) There shall be two (2) chancellors for the Eighteenth Chancery Court District.
(2) For the 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 17. Section 9-5-58, Mississippi Code of 1972, is amended as follows:
9-5-58. There shall be three (3) chancellors for the Twentieth 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 18. Section 9-7-1, Mississippi Code of 1972, is amended as follows:
9-7-1. A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 2000. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January 1931, and their terms of office shall continue for four (4) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.
SECTION 19. Section 9-7-7, Mississippi Code of 1972, is amended as follows:
9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.
(2) For purposes of appointment and election, the four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The judge to fill Place One shall be a resident of Alcorn, Prentiss or Tishomingo County. The judge to fill Place Two shall be a resident of Itawamba, Lee, Monroe or Pontotoc County. The judges to fill Place Three and Place Four shall be residents of Alcorn, Itawamba, Lee, Monroe, Pontotoc, Prentiss or Tishomingo Counties. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District of Mississippi.
SECTION 20. 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 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 21. Section 9-7-15, Mississippi Code of 1972, is amended as follows:
9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:
(a) Leflore County;
(b) Sunflower County; and
(c) Washington County.
(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:
(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:
(i) Leflore County: Minter City, North Greenwood, Money, Northeast Greenwood, Schlater, West Greenwood, Mississippi Valley State University and Southeast Greenwood Precincts; and
(ii) Sunflower County: Ruleville, Rome, Sunflower Plantation, Drew, Doddsville, Boyer-Linn, Fairview-Hale and Ruleville North Precincts.
(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:
(i) Sunflower County: Indianola 1, Sunflower, Indianola 3 North, Indianola 3 South, Indianola 3 Northeast and Sunflower 4 Precincts; and
(ii) Washington County: Extension Building, Faith Lutheran Church, American Legion, Metcalfe City Hall, Elks Club, Leland Health Department Clinic, Leland Light and Water Plant and Greenville Industrial College Precincts.
(c) Subdistrict 4-3 shall consist of the following precincts in the following counties:
(i) Leflore County: East Greenwood Sub-A, East Greenwood Sub-B, Central Greenwood, North Itta Bena, South Itta Bena, Southwest Greenwood, Rising Sun, Sidon, Morgan City, Swiftown and South Greenwood Precincts;
(ii) Sunflower County: Moorhead, Inverness, Indianola 2 West and Indianola 2 East Precincts; and
(iii) Washington County: Arcola City Hall, Hollandale City Hall, Darlove Baptist Church and Mangelardi Bourbon Store Precincts.
(d) Subdistrict 4-4 shall consist of the following precincts in Washington County: St. James Episcopal Church, Swiftwater Baptist Church, Glen Allan Health Clinic, Italian Club, Ward's Recreation Center, Buster Brown Community Center, Avon Health Center, Kapco Company, Brent Center, William Percy Library and Grace Methodist Church Precincts.
(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.
SECTION 22. 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 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 23. Section 9-7-21, Mississippi Code of 1972, is amended as follows:
9-7-21. (1) The Sixth Circuit Court District shall be comprised of the following counties:
(a) Adams County;
(b) Amite County;
(c) Franklin County; and
(d) Wilkinson County.
(2) The Sixth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 6-1 shall consist of Wilkinson County and the following precincts in the following counties:
(i) Adams County: Courthouse, By-Pass Fire Station, Cloverdale, Carpenter * * *, Concord, Maryland Heights, Northside School, Thompson, Pine Ridge and Airport * * * Precincts; and
(ii) Amite County: Gloster, Ariel, Homochitto, Crosby, East Centreville, Street and Berwick Precincts.
(b) Subdistrict 6-2 shall consist of Franklin County, and the following precincts in the following counties:
(i) Amite County: East Gloster, Liberty, New Zion, Zion Hill, Amite River, Oneil, East Fork, East Liberty, Smithdale, Tangipahoa, Riceville, South Liberty, Tickfaw and Walls Precincts.
(ii) Adams County: Bellemont, Duncan Park, Beau Pre, Kingston, Convention Center, Liberty Park, Palestine, Morgantown, Foster Mound, Oakland and Washington Precincts.
(3) There shall be two (2) circuit judges for the Sixth Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 24. Section 9-7-23, Mississippi Code of 1972, is amended as follows:
9-7-23. (1) The Seventh Circuit Court District shall be comprised of Hinds County.
(2) The Seventh Circuit Court District shall be divided into five (5) subdistricts in Hinds County as follows:
(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: Precincts 33, 34, 35, 36, 37, 38, 42, 43, 44, 45, 46, 78, * * * 72, * * * 76, 77, * * * 93, 96, 1, 2, 4, 5, 6, 8, 9, * * * 32, 47 and 97.
(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: Precincts * * * 39, 40, 41, 79, 80, 81, 82, 83, 84, 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30 and 85, Brownsville, Cynthia, Pocahontas and Tinnin Precincts.
(c) Subdistrict 7-3 shall consist of the following precincts in Hinds County: Precincts 10, 22, * * * 31, * * * 58, 59, 66, 67, 68, 69, 70, 71, 89, * * * 26, 54, 55, 56, 57, * * * 18, 19, 20, 50, 51, 52, 53, 63, 64 and 89 and Jackson State Precinct.
(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: * * * Bolton, Edwards, Pine Haven, Utica 1, Utica 2, Byram 1, Byram 2, Cayuga, Learned, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Raymond 1, * * * St. Thomas, Old Byram, Terry, Chapel Hill and Dry Grove Precincts.
(e) Subdistrict 7-5 shall consist of the following precincts in Hinds County: Precincts 21, 24, 25, 26, 60, 61, 62, 73, 74, 75, 86, 87, 88, 90, 91, 92, 94 and 95 and Raymond 2 and Spring Ridge Precincts.
SECTION 25. Section 9-7-25, Mississippi Code of 1972, is amended as follows:
9-7-25. (1) There shall be five (5) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.
SECTION 26. Section 9-7-29, Mississippi Code of 1972, is amended as follows:
9-7-29. (1) The Ninth Circuit Court District shall be comprised of the following counties:
(a) Issaquena County;
(b) Sharkey County; and
(c) Warren County.
(2) The Ninth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 9-1 shall consist of Issaquena County, Sharkey County and the following precincts in Warren County: St. Aloysius, Kings, Cedar Grove, 3-61 Store, Auditorium, Brunswick, Vicksburg Junior High School and American Legion Precincts.
(b) Subdistrict 9-2 shall consist of the following precincts in Warren County: Oak Ridge, Bovina, Culkin, Redwood, Number 7 Firestation, Jett, Elks Club, Goodrum Church, Yokena, Plumbers Hall, Beechwood, Y.M.C.A., Moose Lodge and Tingleville Precincts.
SECTION 27. 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 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 28. Section 9-7-33, Mississippi Code of 1972, is amended as follows:
9-7-33. (1) The Eleventh Circuit Court District shall be comprised of the following counties:
(a) Bolivar County;
(b) Coahoma County;
(c) Quitman County; and
(d) Tunica County.
(2) The Eleventh Circuit Court District shall be divided into three (3) subdistricts as follows:
(a) Subdistrict 11-1 shall consist of the following precincts from the following counties:
(i) Bolivar County: Gunnison, West Rosedale, East Rosedale, Pace, Beulah, Roundlake/Deeson, Benoit, Scott, Northwest Cleveland, Cleveland Courthouse, West Central Cleveland, West Cleveland, Longshot, South Cleveland, North Cleveland, Skene, Shaw, Boyle, Choctaw and Stringtown Precincts; and
(ii) Coahoma County: Sherard, Clarksdale 2-4, Rena Lara, * * * Bobo and Clarksdale 5-4 Precincts.
(b) Subdistrict 11-2 shall consist of the following precincts from the following counties:
(i) Bolivar County: Pleasant Green, Duncan/Alligator, Shelby, Mound Bayou, Winstonville, Merigold, Renova, East Central Cleveland, Cleveland Eastgate, and East Cleveland Precincts;
(ii) Coahoma County: Dublin, Clarksdale 3-3, Clarksdale 3-4, Cagle Crossing, Clarksdale 4-2 and Roundway Precincts; and
(iii) Quitman County: Southwest Marks, West Lambert and Lambert * * * Precincts.
(c) Subdistricts 11-3 shall consist of Tunica County and the following precincts in the following counties:
(i) Coahoma County: Lula, Farrell, Friars Point, Lyon, Clarksdale 1-4, Clarksdale 4-3, * * * Coahoma and Jonestown Precincts; and
(ii) Quitman County: Crenshaw, Sledge, * * * Darling, Belen, Northwest Marks, Northeast Marks, East Marks-NE Lambert and Crowder Precincts.
SECTION 29. Section 9-7-42, Mississippi Code of 1972, is amended as follows:
9-7-42. (1) There shall be three (3) judges for the Fifteenth 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 30. Section 9-7-44, Mississippi Code of 1972, is amended as follows:
9-7-44. There shall be three (3) judges for the Sixteenth Circuit Court District.
SECTION 31. Section 9-7-46, Mississippi Code of 1972, is amended as follows:
9-7-46. (1) There shall be four (4) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the four (4) judgeships shall be separate and distinct, and two (2) judges shall be elected from Subdistrict 17-1 and two (2) judges shall be elected from Subdistrict 17-2. For purposes of appointment and election, the two (2) judgeships in Subdistrict 17-1 shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 32. Section 9-7-53, Mississippi Code of 1972, is amended as follows:
9-7-53. The Twentieth Circuit Court District shall be * * * Rankin County.
SECTION 33. 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 34. The following shall be codified as Section 9-7-59, Mississippi Code of 1972:
9-7-59. The Twenty-third Circuit Court District shall be Madison County and shall be divided into two (2) subdistricts as follows:
(a) (i) Subdistrict 23-1 shall consist of the following precincts: Ratliff Ferry, Canton Precinct 2, Canton Precinct 3, Canton Precinct 7, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Liberty, New Industrial Park, Madison County Baptist Family Life Center, Cameron, Couparle, Camden, Sharon, Canton Precinct 1, Canton Precinct 4, Luther Branson School and Bible Church Precincts.
(ii) Subdistrict 23-1 shall consist of the following partial precincts: Madisonville and Bear Creek Precincts. The Split Precinct Block List developed in conjunction with Chapter 761, Laws of 2002, that details portions of partial or split precincts that are contained within a subdistrict by census tract and block number and was utilized in developing the partial or split precincts of this subdistrict is hereby incorporated and shall be construed to be an integral part of this section.
(b) (i) Subdistrict 23-2 shall consist of the following precincts: Trace Harbor, Main Harbor, Victory Baptist Church, Madison 1, Madison 2, Madison 3, Ridgeland 3, Ridgeland 4, Ridgeland First Methodist Church, Gluckstadt, Lorman-Cavalier, Ridgeland 1, Tougaloo, Cobblestone Church of God, Highland Colony Baptist Church and Whisper Lake Precincts.
(ii) Subdistrict 23-2 shall consist of that portion of the following partial precincts not included in Subdistrict 23-1: Madisonville and Bear Creek Precincts.
SECTION 35. The following shall be codified as Section 9-7-60, Mississippi Code of 1972:
9-7-60. There shall be two (2) judges for the Twenty-third Circuit Court District. One (1) judge shall be elected from each subdistrict.
SECTION 36. 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 chancery court districts with chancellorships designated as places and the First, Second, Third, Fifth, Eighth, Tenth, Fifteenth, Subdistrict 17-2 of the Seventeenth, Nineteenth and Twentieth Circuit Court Districts.
SECTION 37. 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 chancery court districts with chancellorships designated as places and the First, Second, Third, Fifth, Eighth, Tenth, Fifteenth, Subdistrict 17-2 of the Seventeenth, Nineteenth and Twentieth Circuit Court Districts.
SECTION 38. No new judgeships or chancellorships created by this act shall be filled until the judicial elections are conducted in 2006. Any district attorneys for circuit court districts created by this act whose term of office begins on January 1, 2007, shall be elected at a special election to be held at the same time as the judicial elections in 2006. Thereafter, such district attorneys shall be elected at the time and in the manner provided by law for electing district attorneys.
SECTION 39. 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 40. This act shall take effect and be in force from and after January 1, 2006, provided that it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.