House Concurrent Resolution 36

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 44, MISSISSIPPI CONSTITUTION OF 1890, TO REMOVE THE DISQUALIFICATION OF A PERSON TO BE ELIGIBLE TO A SEAT IN EITHER HOUSE OF THE LEGISLATURE OR TO ANY OFFICE OF PROFIT OR TRUST IN THIS STATE WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES UNDER THE LAWS OF THIS STATE OR OF ANY FELONY UNDER THE LAWS OF ANOTHER STATE OR UNDER FEDERAL LAW BEGINNING FIVE YEARS FOLLOWING THE DATE THAT SUCH PERSON COMPLETES HIS SENTENCE, INCLUDING PROBATION, PAROLE AND ALL CONDITIONS AND RESTRICTIONS IMPOSED UPON HIM FOR CONVICTION OF THE OFFENSE; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 44, Mississippi Constitution of 1890, to read as follows:

"Section 44. (1) No person shall be eligible to a seat in either house of the Legislature, or to any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime; and any person who shall have been convicted of giving or offering, directly, or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or appointment of any person to office, shall, on conviction thereof, be disqualified from holding any office of profit or trust under the laws of this state for a period of five (5) years from and after the date that such person completes his sentence, including probation, parole and all conditions and restrictions imposed upon him for conviction of the offense.

(2) No person who is convicted after ratification of this amendment in another state of any offense which is a felony under the laws of this state, and no person who is convicted after ratification of this amendment of any felony in a federal court, shall be eligible to hold any office of profit or trust in this state for a period of five (5) years from and after the date that such person completes his sentence, including probation, parole and all conditions and restrictions imposed upon him for conviction of the offense.

(3) This section shall not disqualify a person from holding office if he has been pardoned for the offense or if the offense of which the person was convicted was manslaughter, any violation of the United States Internal Revenue Code or any violation of the tax laws of this state unless such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2006, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment to remove the disqualification of a person to be eligible to a seat in either house of the Legislature or any office of profit or trust in this state who has been convicted of certain offenses beginning five years following the date that such person completes his sentence, including probation, parole and all conditions and restrictions imposed upon him for conviction of the offense."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, 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.