House Bill 394

AN ACT TO AMEND SECTION 37-5-9, MISSISSIPPI CODE OF 1972, TO REQUIRE CANDIDATES FOR THE COUNTY BOARD OF EDUCATION TO DECLARE THE POLITICAL PARTY WITH WHICH THEY ARE AFFILIATED, TO PROVIDE THAT THE CANDIDATE WHO RECEIVES A MAJORITY OF THE VOTES CAST IN THE GENERAL ELECTION SHALL BE ELECTED AND TO REQUIRE A RUN-OFF ELECTION IF NO CANDIDATE RECEIVES A MAJORITY OF VOTES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-5-9, Mississippi Code of 1972, is amended as follows:

37-5-9. (1) The name of any qualified elector who is a candidate for the county board of education and the political party with which the candidate is affiliated shall be placed on the ballot used in the general elections by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. The petition of nomination must include the name of the political party with which the candidate is affiliated. Where there are fewer than one hundred (100) qualified electors in the supervisors district, it shall only be required that the petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such supervisors district. The candidate in each supervisors district who receives a majority of the votes cast in the district shall be elected. If no candidate receives a majority of the votes cast in the general election, then the two (2) candidates who receive the highest number of votes cast in the district shall have their names submitted as candidates in a run-off election two (2) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the district in the run-off election shall be elected.

(2) When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives a majority of the votes cast in the county shall be elected. If no candidate receives a majority of the votes cast in the general election, then the two (2) candidates who receive the highest number of votes cast in the county shall have their names submitted as candidates in a run-off election two (2) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the county in the run-off election shall be elected.

(3) In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.

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, or July 1, 2007, whichever is later.