MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary A
By: Representative Franks
AN ACT TO AMEND SECTION 9-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR FOUR SUPREME COURT DISTRICTS; TO AMEND SECTION 9-3-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHIEF JUSTICE SHALL BE ELECTED STATEWIDE; TO AMEND SECTIONS 23-15-977 AND 23-15-933, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 9-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR POSTS IN THE FIRST CHANCERY COURT DISTRICT; TO AMEND SECTION 9-5-54, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR POSTS IN THE EIGHTEENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 9-7-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR POSTS IN THE FIRST CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-14, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR POSTS IN THE THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTIONS 23-15-982 AND 23-15-983, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-3-1, Mississippi Code of 1972, is amended as follows:
9-3-1. The state shall be divided into four (4) Supreme Court districts, as follows, to wit:
The counties of Attala, Bolivar, Carroll, Claiborne, Coahoma, Copiah, Hinds, Holmes, Humphreys, Issaquena, Jefferson, * * * Leake, Leflore, Madison, Montgomery, Quitman, Sharkey, Sunflower, Tallahatchie, Tunica, Warren, Washington and Yazoo shall constitute the First District.
* * *
The counties of Alcorn, * * * Benton, Calhoun, * * * Chickasaw, Choctaw, Clay, * * * DeSoto, Grenada, Itawamba, Lafayette, Lee, * * * Lowndes, Marshall, Monroe, * * * Panola, Pontotoc, Prentiss, * * * Tate, Tippah, Tishomingo, * * * Union, Webster, * * * and Yalobusha, shall constitute the Second District.
The counties of Adams, Amite, Covington, Franklin, Jasper, Jefferson Davis, Kemper, Lauderdale, Lawrence, Lincoln, Neshoba, Newton, Noxubee, Oktibbeha, Pike, Rankin, Scott, Simpson, Smith, Walthall, Wilkinson and Winston shall constitute the Third District.
The counties of Clarke, Forrest, George, Greene, Hancock, Harrison, Jackson, Jones, Lamar, Marion, Pearl River, Perry, Stone and Wayne shall constitute the Fourth District.
SECTION 2. Section 9-3-11, Mississippi Code of 1972, is amended as follows:
9-3-11. The Chief Justice of the Supreme Court shall be elected statewide as provided in Section 23-15-993.
SECTION 3. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Chief Justice of the Supreme Court, Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
SECTION 4. Section 23-15-993, Mississippi Code of 1972, is amended as follows:
23-15-993. For the purpose of all elections, each of the nine (9) judgeships of the Supreme Court shall be considered a separate office. The two (2) offices in each of the four (4) Supreme Court districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Supreme Court each candidate shall state the position number of the office to which he aspires and the regular election ballots shall so indicate. The Chief Justice shall be elected statewide and the office shall be a term that ends in January, 2013. In Supreme Court District Number 1: Position Number 1 shall be that office for which the term ends in January 2006; and Position Number 2 shall be that office for which the term ends in January 2005. In District Number 2: Position Number 1 shall be that office for which the term ends in January 2012; and Position Number 2 shall be that office for which the term ends in January 2009. In District Number 3: Position Number 1 shall be that office for which the term ends in January 2009; and Position Number 2 shall be that office for which the term ends in January 2009. In District Number 4: Position 1 shall be that office for which the term ends in January 2009; and Position 2 shall be that office for which their term ends in January 2005.
SECTION 5. Section 9-5-7, Mississippi Code of 1972, is amended as follows:
9-5-7. (1) There shall be three (3) chancellors for the First Chancery 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 6. 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) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two."
SECTION 7. 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 8. 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 9. 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, Eighth, Tenth, Sixteenth, Eighteenth and Twentieth Chancery Court Districts and the First, Second, third, Eighth and Nineteenth Circuit Court Districts.
SECTION 10. 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, Eighth, Tenth, Sixteenth, Eighteenth and Twentieth Chancery Court Districts and the First, Second, Third, Eighth and Nineteenth Circuit Court Districts.
SECTION 11. 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 12. Sections 5 through 10 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. Sections 1 through 4 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, provided that House Concurrent Resolution No. 1531, 2005 Regular Session, is ratified by the electorate.