MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Judiciary, Division A; Appropriations

By: Senator(s) Albritton

Senate Bill 2109

AN ACT TO AMEND SECTION 9-5-36, MISSISSIPPI CODE OF 1972, TO ADD A CHANCELLOR TO THE TENTH CHANCERY COURT DISTRICT; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON MAY BE A CANDIDATE FOR ONLY ONE JUDICIAL POST AT A TIME; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 Four shall be elected at-large from the Tenth Chancery Court District.  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 2.  Section 23-15-977, Mississippi Code of 1972, is amended as follows:

     23-15-977.  (1) * * *  Candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file the 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 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 the 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 the 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 the 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.

     (4)  A candidate may qualify for only one (1) judicial office.

     SECTION 3.  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 4.  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.