House Bill 201

AN ACT TO AMEND SECTION 23-15-605, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A RUNOFF ELECTION WHERE TWO OR MORE CANDIDATES FOR ANY DISTRICT OFFICE WHERE THE DISTRICT IS COMPOSED OF TWO OR MORE COUNTIES, STANDING HIGHEST ON THE LIST, AND NOT ELECTED, HAVE AN EQUAL NUMBER OF VOTES; TO AMEND SECTION 23-15-611, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A RUNOFF ELECTION WHERE TWO OR MORE OF THE CANDIDATES IN MUNICIPAL ELECTIONS RECEIVING THE HIGHEST NUMBER OF VOTES SHALL HAVE RECEIVED AN EQUAL NUMBER OF VOTES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-605, Mississippi Code of 1972, is amended as follows:

23-15-605. The Secretary of State, immediately after receiving the returns of an election, not longer than thirty (30) days after the election, shall sum up the whole number of votes given for each candidate other than candidates for state offices, legislative offices composed of one (1) county or less, county offices and county district offices, according to the statements of the votes certified to him and ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected; and thereupon all persons chosen to any office at the election shall be commissioned by the Governor; but if it appears that two (2) or more candidates for any district office where the district is composed of two (2) or more counties, standing highest on the list, and not elected, have an equal number of votes, then a runoff election shall be held two (2) weeks after such election and the candidate who leads in such runoff shall be elected to the office. If such runoff election results in the two (2) candidates having an equal number of votes, a second runoff shall be held two (2) weeks after the first runoff election. If the second runoff election results in the two (2) candidates having an equal number of votes, then the election shall be decided between the candidates having an equal number of votes by lot, fairly and publicly drawn, under the direction of the Governor and Secretary of State.

SECTION 2. Section 23-15-611, Mississippi Code of 1972, is amended as follows:

23-15-611. (1) In municipal elections, managers of elections shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in each voting precinct for each of the candidates or ballot measures and make a return thereof to the municipal election commissioners. On the day following the election, the election commissioners shall canvass the returns so received from all voting precincts and shall, within five (5) days after such election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear that any two (2) or more of the candidates receiving the highest number of votes shall have received an equal number of votes, then a runoff election shall be held two (2) weeks after such election and the candidate who leads in such runoff shall be elected to the office. If such runoff election results in the two (2) candidates having an equal number of votes, a second runoff shall be held two (2) weeks after the first runoff election. If the second runoff election results in the two (2) candidates having an equal number of votes, then the election shall be decided between the candidates having an equal number of votes by lot, fairly and publicly drawn, under the direction of the election commissioners with the aid of two (2) or more qualified electors of the municipality.

(2) Within five (5) days after any election, the municipal election commissioners shall transmit a statement to the Secretary of State certifying the name or names of the person or persons elected thereat, and such person or persons shall be issued commissions by the Governor. The statement shall also include vote totals for each candidate for each office and vote totals for and against ballot measures, if any, including the vote totals for each candidate a ballot measure in each precinct in the municipality.

(3) The statements required by this subsection shall contain a certification, signed and dated by a majority of the municipal election commissioners, which shall read as follows:

"We, the undersigned municipal election commissioners, do hereby certify that this statement contains the official vote for the election reflected therein."

(4) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.