Senate Bill 2665

AN ACT TO AMEND SECTION 37-5-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON RESIDING IN A MUNICIPAL SEPARATE SCHOOL DISTRICT SHALL NOT BE ELIGIBLE TO HOLD THE OFFICE OF ELECTED COUNTY SUPERINTENDENT OF EDUCATION; TO CLARIFY THAT ANY SUCH PERSON RESIDING IN A MUNICIPAL SEPARATE SCHOOL DISTRICT SHALL VOTE IN SUCH ELECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-5-71, Mississippi Code of 1972, is amended as follows:

37-5-71. (1) The county superintendents of education shall be elected in the manner prescribed by the provisions of this chapter, unless such office be made appointive as provided in this chapter, in which case the county superintendent shall be appointed by the county board of education or by the trustees of a separate school district embracing an entire county with a population of fifteen thousand (15,000) or less, as provided in subsection (2) of Section 37-7-203. In all cases he shall have such qualifications as prescribed by Section 37-9-13 and receive such compensation as established under Section 37-9-37.

(2) All qualified electors residing within any municipal separate or special municipal separate school district shall not vote in the election for the county superintendent of education, and all qualified electors residing within any municipal or special municipal separate school district shall not be eligible to qualify for or hold the office of elected county superintendent of education.

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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.