MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary A; Appropriations

By: Representative Cockerham

House Bill 793

AN ACT TO AMEND SECTION 9-5-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TWO CHANCELLORS FOR THE FOURTH CHANCERY COURT DISTRICT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-5-15, Mississippi Code of 1972, is amended as follows:

     9-5-15.  (1)  The Fourth Chancery Court District shall be comprised of the following counties:

          (a)  Amite County;

          (b)  Franklin County;

          (c)  Pike County; and

          (d)  Walthall County.

     (2)  The Fourth Chancery Court District shall be divided into two (2) subdistricts as follows:

          (a)  Subdistrict 4-1 shall consist of Franklin County and the following precincts in the following counties:

              (i)  Amite County:  East Fork, East Gloster, East Liberty, Homochitto, New Zion, Oneil, Smithdale, Tangipahoa and Zion Hill Precincts;

              (ii)  Pike County:  Precincts 12, 13, 18, 18A, 19, 19A, 21, 21A, 22, 24, 3* and 3A*; and

              (iii)  Walthall County:  Darbun, Dexter, District 3 Tylertown, District 4 Tylertown, District 4 West, East Tylertown, Enon, Hope, Improve, Lexie, Mesa, Midway, North Kirklin, North Knoxo, Sartinville, South Kirklin, South Knoxo, St. Paul, Varnel and West Tylertown Precincts.

          (b)  Subdistrict 4-2 shall consist of the following precincts in the following counties:

              (i)  Amite County:  Amite River, Ariel, Berwick, Crosby, East Centreville, Gloster, Liberty, Riceville, South Liberty, Street, Tickfaw and Walls Precincts;

              (ii)  Pike County:  Precincts 1, 10, 10A, 11, 14, 15, 16, 17, 2, 2D, 23, 25, 26, 27, 4, 6, 6A, 7, 8, 9, 3* and 3A*; and

              (iii)  Walthall County:  Dinan 98 Precinct.

     (3)  The Standing Joint Legislative Committee on Reapportionment shall file with the Secretary of State of Mississippi the Split Precinct Block List that details the portions of the partial or split precincts that are contained within a district by census tract and block number, and such document duly filed with the Secretary of State is hereby incorporated into and shall be construed to be an integral part of this section.  Such partial or split precincts contained in this section shall be identifiable by an asterisk (*) which shall follow its designation within any subdistrict.

     (4)  (a)  There shall be two (2) chancellors for the Fourth Chancery Court District.  One (1) chancellor shall be elected from each subdistrict.

          (b)  The chancellorship existing as of January 1, 2008, shall be the chancellorship to be elected from subdistrict 4-1.  The initial term for the second chancellorship created under this section shall begin on January 1, 2010, and shall end at the same time as for chancery judges generally.  Candidates shall be elected from subdistrict 4-2 in a special election in November 2010.  Candidates for that chancellorship shall qualify to run not later than forty-five (45) days before that election.  The chancellors shall otherwise be elected and any vacancy in office filled as provided for chancery judges generally.

     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.