MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Apportionment and Elections
By: Representative Reynolds
AN ACT TO PROVIDE THAT THE BOARD OF SUPERVISORS OF ANY COUNTY OR GOVERNING AUTHORITY OF ANY MUNICIPALITY MAY PETITION A CIRCUIT COURT IN HINDS COUNTY TO REQUEST THAT SUCH PETITIONING COUNTY'S ELECTIONS BE DELAYED AND RESCHEDULED, AND ALTERNATE VOTING LOCATIONS AND SYSTEMS BE SPECIFIED WITHIN A CERTAIN TIME FROM THE ORIGINAL DATE OF AN ELECTION DURING EMERGENCIES THAT AFFECT THE ELECTORAL PROCESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The board of supervisors of any county or governing authority of any municipality may petition a circuit court in Hinds County to request that such petitioning county's or petitioning municipality's elections be delayed and rescheduled, or alternate voting locations and systems be specified by such Hinds County Circuit Court within ninety (90) days from the original date of an election, if the following conditions occur:
(a) The Governor proclaims a state of emergency in the petitioning county or petitioning municipality and the state of emergency interferes with the electoral process in such a manner that prohibits electors from voting; or
(b) If emergency circumstances, not constituting a declared state of emergency, interfere with the electoral process.
The Hinds County Circuit Judge that reschedules the elections or determines alternate voting locations and systems shall direct the rescheduling of the election until a specific date provided that the same date must be set for the entirety of any district in which an election is being rescheduled or alternate voting locations and systems are determined.
(c) If the circuit court enters any order affecting any election under this act, any person may immediately appeal such order to the Supreme Court and such appeal shall take precedence over all other appeals and shall be decided by the Supreme Court with all deliberate speed.
SECTION 2. 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 3. 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.