House Bill 487

AN ACT TO CREATE A NEW SECTION 23-15-919, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A THREE-JUDGE PANEL TO REVIEW ELECTION CONTESTS; TO AMEND SECTIONS 23-15-921 AND 23-15-923, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME PERIOD ALLOWED TO FILE ELECTION CONTESTS; TO CREATE PROCEDURES FOR PARTIES AGGRIEVED BY THE ACTION OR INACTION OF AN EXECUTIVE COMMITTEE; TO AMEND SECTION 23-15-931, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ELECTION COURT TO HEAR ELECTIONS CONTESTS; TO AMEND SECTIONS 23-15-933, 23-15-937, 23-15-939, 23-15-951 AND 23-15-913, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO BRING FORWARD SECTION 23-15-935, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES A JUDGE TO COMPEL THE ATTENDANCE OF THE ELECTION COMMISSIONERS; TO CREATE A NEW SECTION 23-15-920, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN AGGRIEVED PARTY OF THE ELECTION COURT TO FILE AN APPEAL WITH THE MISSISSIPPI SUPREME COURT; TO REPEAL SECTIONS 23-15-927, 23-15-929 AND 23-15-953, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE PROCEDURE FOR FILING AND HEARING AN ELECTION CONTEST; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 23-15-919, Mississippi Code of 1972:

23-15-919. (1) To facilitate and make possible the timely disposition of election contests, the Supreme Court shall appoint a three-judge panel to be known as an election court in each of the three (3) Supreme Court districts to hear and determine, without a jury, all election contests filed in the respective districts under the provisions of this article. The Supreme Court may, in its discretion, appoint additional election courts.

(2) The election court shall be composed of senior judges pursuant to Section 9-1-107. At the discretion of the Supreme Court, active judges may be assigned to an election court. The Chief Justice of the Supreme Court shall appoint the presiding judge for each election court.

(3) The election court shall issue a decision in every case heard before the election court within ten (10) days after the pleadings have been filed with the election court. Appeal of the judgment of the election court shall be to the Supreme Court within seven (7) days after the date of the judgment.

(4) The judges of the election courts shall be compensated at the monthly rate of a regular circuit court judge.

(5) The Supreme Court shall prescribe rules for submission of cases to the election courts, as well as all other rules of procedure for the election court.

(6) The election court shall exist until disposition of all election contests assigned by the Supreme Court.

SECTION 2. Section 23-15-921, Mississippi Code of 1972, is amended as follows:

23-15-921. (1) Except as otherwise provided by Section 23-15-961, a person desiring to contest the election of another person returned as the nominee of the party to any county or county district office, or as the nominee of a legislative district composed of one (1) county or less, may, within fourteen (14) days after the primary election, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the executive committee to assemble by call of the chairman or three (3) members of said committee, notice of which contest shall be served five (5) days before said meeting, and after notifying all parties concerned proceed to investigate the grounds upon which the election is contested and, by majority vote of members present, declare the true results of such primary no later than seven (7) days after receipt of the petition.

(2) If the county executive committee fails to rule upon the petition within the time required in this section, such inaction shall be interpreted as a denial of the request for relief contained in the petition.

(3) Any party aggrieved by the action or inaction of the county executive committee shall have the right to file a petition for judicial review to the election court no later than seven (7) days after the date of the decision of the county executive committee or failure of the committee to rule within the time required. The appeal shall be filed with the circuit clerk of the county in which the election was held. The contestant shall pay a filing fee in the sum of One Hundred Ten Dollars ($110.00) to the clerk. The circuit clerk shall forward the pleadings to the election court pursuant to Supreme Court rules. The contestant shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs if such petition is dismissed, and an additional bond may be required by the court, if necessary, at any subsequent stage of the proceedings. The election court shall hear and determine, without a jury, the election contest within ten (10) days after the pleadings have been filed with the election court. An appeal of the judgment of the election court shall be filed with the Supreme Court within seven (7) days after the date of the judgment in accordance with Supreme Court rules.

SECTION 3. Section 23-15-923, Mississippi Code of 1972, is amended as follows:

23-15-923. (1) Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee in state, congressional and judicial districts, and in legislative districts composed of more than one (1) county or parts of more than one (1) county, may within fourteen (14) days after the primary election, file a petition with the chairman of the state executive committee, * * * reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee within seven (7) days after receipt of the complaint, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee within seven (7) days after receipt of the fiat. The state executive committee by majority vote of members present shall declare the true results of such primary no later than seven (7) days after receipt of the findings from the county committee.

(2) If the State Executive Committee fails to rule upon the petition within the time required as herein provided in this section, such inaction shall be interpreted as a denial of the request for relief contained in the petition.

(3) Any party aggrieved by the action or inaction of the State Executive Committee shall have the right to file a petition for judicial review to the election court no later than seven (7) days after the date of the decision of the State Executive Committee or failure of the committee to rule within the time required. The appeal shall be filed with the Circuit Clerk of Hinds County. The contestant shall pay a filing fee in the sum of One Hundred Ten Dollars ($110.00) to the clerk. The circuit clerk shall forward the pleadings to the election court pursuant to Supreme Court rules. The contestant shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case such petition is dismissed, and an additional bond may be required by the court, if necessary, at any subsequent stage of the proceedings. The election court shall hear and determine, without a jury, the election contest within ten (10) days after the pleadings have been filed with the election court. An appeal of the judgment of the election court shall be filed with the Supreme Court within seven (7) days after the date of the judgment in accordance with Supreme Court rules.

SECTION 4. Section 23-15-931, Mississippi Code of 1972, is amended as follows:

23-15-931. When the day for the hearing has been set, the circuit clerk shall issue subpoenas for witnesses as in other litigated cases. The election court shall be attended by the sheriff, and clerk, or their deputies, and by a court reporter. The election court so constituted shall fully hear the contest * * * de novo, and the original contestant before the party executive committee shall have the burden of proof and the burden of going forward with the evidence in the hearing before the election court. The election court, after the contest * * * shall have been fully heard anew, shall make a finding dictated to the reporter covering all controverted material issues of fact, * * * and thereupon, the election court shall enter the judgment which the county executive committee should have entered, of which the election commissioners shall take judicial notice, or if the matter be one within the jurisdiction of the State Executive Committee, the judgment shall be certified and promptly forwarded to the Secretary of the State Executive Committee, and in the absence of an appeal, it shall be the duty of the State Executive Committee forthwith to reassemble and revise any decision theretofore made by it so as to conform to the judicial judgment aforesaid. The election court shall issue a decision in every case heard before the court within ten (10) days after the pleadings have been filed with the election court.

SECTION 5. Section 23-15-933, Mississippi Code of 1972, is amended as follows:

23-15-933. Any party aggrieved by the judgment of the election court, may file an appeal in the Supreme Court within seven (7) days after the date of the judgment in accordance with Supreme Court rules.

SECTION 6. Section 23-15-937, Mississippi Code of 1972, is amended as follows:

23-15-937. * * * When no final decision has been made in time as * * * specified in this section, the name of the nominee declared by the party executive committee shall be printed on the official ballots as the party nominee, but the contest or complaint shall not thereby be dismissed but the cause shall nevertheless proceed to final judgment and if the said judgment be in favor of the contestant, the election of the contestee shall thereby be vacated and the Governor, or the Lieutenant Governor in case the Governor be a party to the contest, shall call a special election for the office or offices involved, if the contestee has already entered upon the term he shall vacate the office upon the qualification of the person elected at said special election, and may be removed by quo warranto if he fail so to do.

SECTION 7. Section 23-15-939, Mississippi Code of 1972, is amended as follows:

23-15-939. The reasonable traveling expenses of the judge or chancellor shall be paid by order of the board of supervisors of the county or counties wherein a contest or complaint under this section is heard, upon an itemized certificate thereof by the said judge or chancellor. * * *

SECTION 8. Section 23-15-951, Mississippi Code of 1972, is amended as follows:

23-15-951. (1) Except as otherwise provided by Section 23-15-955 or 23-15-961, a person desiring to contest the election of another person returned as elected to any office within any county, may, within fourteen (14) days after the election, file a petition with the circuit clerk of the * * * county, setting forth the grounds upon which the election is contested. The contestant shall pay a filing fee in the sum of One Hundred Ten Dollars ($110.00) to the clerk. The circuit clerk shall forward the pleadings to the election court pursuant to Supreme Court rules. The contestant shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case such petition be dismissed, and an additional bond may be required by the court, if necessary, at any subsequent stage of the proceedings. The election court shall hear and determine, without a jury, the contest within ten (10) days after the pleadings have been filed with the election court.

(2) When the day for the hearing has been set, the circuit clerk shall issue subpoenas for witnesses as in other litigated cases. The election court shall be attended by the sheriff and clerk, or their deputies, and by a court reporter. The contestant shall have the burden of proof and the burden of going forward with the evidence in the hearing before the election court. The election court, after the contest shall have been fully heard, shall make a finding dictated to the reporter covering all controverted material issues of fact; and shall determine the person having the greatest number of legal votes at the election. If the election court shall find against the person returned elected, the clerk shall issue a certificate; and the person in whose favor the election court shall find shall be commissioned by the Governor, shall be qualified as elected and enter upon the duties of the office. If the election of district attorney or any other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within fourteen (14) days after the election. The proceedings provided by this section shall regulate such contest.

(3) A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination in a political party primary election shall comply with the provisions of Section 23-15-961.

SECTION 9. The following shall be codified as Section 23-15-920, Mississippi Code of 1972:

23-15-920. A party aggrieved by the judgment of the election court may file an appeal in the Supreme Court within seven (7) days after the date of the judgment pursuant to Supreme Court rules.

SECTION 10. Section 23-15-913, Mississippi Code of 1972, is amended as follows:

23-15-913. The Supreme Court shall appoint judges to be available on election day to immediately hear and resolve any election day disputes. The rules for filing pleadings shall be relaxed to carry out the purposes of this section. The judges selected shall perform no other judicial duties on election day. The Supreme Court shall send judges to the sites of disputes but no judge shall hear a dispute in the district, subdistrict or county in which he was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.

SECTION 11. Section 23-15-935, Mississippi Code of 1972, is brought forward as follows:

23-15-935. The trial judge shall have the same power to compel the attendance of the election commissioners upon and throughout the hearings as is given to the judge of a circuit court to compel the attendance of jurors, and the commissioners must attend unless physically unable so to do. But if any one or more or all of the commissioners are absent so as to not be served with notice, or is or are physically unable to attend, the trial judge shall proceed without them or any of them, so that the hearing shall not be delayed on their account or on account of any one or more of them. When, under Section 23-15-937, the hearing is transferred in whole or in part to another county or counties, the election commissioners of the county or counties to which the hearing is transferred shall attend the hearings in their respective counties, subject to foregoing provisions in respect to absent or disabled commissioners.

SECTION 12. Sections 23-15-927, 23-15-929 and 23-15-953 which provide the procedure for filing and hearing an election contest, are repealed.

SECTION 13. 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 14. 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.