MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Apportionment and Elections
By: Representative Moore
AN ACT TO PROHIBIT A PUBLIC EMPLOYEE WHO QUALIFIES AS A CANDIDATE FOR PUBLIC OFFICE FROM USING PUBLIC RESOURCES FOR THE CANDIDATE'S CAMPAIGN OR ANY BOND ISSUE ON AN ELECTION BALLOT; TO PROHIBIT A PUBLIC EMPLOYEE FROM USING PUBLIC RESOURCES FOR ANY CAMPAIGN OR ANY BOND ISSUE ON AN ELECTION BALLOT; TO PROHIBIT A GOVERNMENTAL ENTITY FROM USING PUBLIC RESOURCES FOR ANY REASON RELATED TO A BOND ISSUE ON AN ELECTION BALLOT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this act, the following words shall have the meanings ascribed herein unless the context shall otherwise require:
(a) "Candidate" means a person who has qualified under the election laws of this state for a public office.
(b) "Governmental entity" means the state, a county, a municipality, any other political subdivision, a board, a commission, an institution, an instrumentality, or legislative or administrative body of the state, a county or a municipality created by statute, ordinance or executive order including all units that expend public funds.
(c) "Public employee" means a person employed by the state, a county, a municipality or any other political subdivision and includes any member of a board, commission, institution, instrumentality, or legislative or administrative body of the state, a county or a municipality created by statute, ordinance or executive order including all units that expend public funds. This definition includes any elected or appointed official of the state, a county, a municipality or any other political subdivision, board, a commission, an institution, an instrumentality, or legislative or administrative body of the state, a county or municipality created by statute, ordinance or executive order, including all units that expend public funds.
(d) "Public resource" means money, property, commercial interests, in-kind services or anything else belonging to a governmental entity, including a public employee.
(2) (a) A public employee who qualifies as a candidate for public office under the laws of this state shall be prohibited from using a public resource for any reason related to such candidate's campaign or any other issue on an election ballot.
(b) No public employee shall use a public resource for a candidate's campaign or any other issue on an election ballot.
(c) No governmental entity shall use a public resource for a candidate's campaign or any other issue on an election ballot.
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.