MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Apportionment and Elections

By: Representative Banks

House Bill 1297

AN ACT TO PROVIDE THE MANNER IN WHICH MUNICIPAL ELECTION COMMISSIONERS SHALL BE SERVED WHEN A PERSON CONTESTS THE ELECTION OF ANOTHER TO A MUNICIPAL OFFICE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Except as otherwise provided by law, a person desiring to contest the nomination or election of another person to a municipal office shall file a petition within twenty (20) days after the election, with at least two (2) members of the municipal election commission, or the city clerk, if such members of the election commission cannot be found.

      (2)  Process of service for a municipal election contest shall be delivered upon at least two (2) members of the municipal election commission, or the municipal clerk, if such members of the municipal election commission cannot be found.

     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.