Senate Bill 2181

AN ACT TO AMEND SECTIONS 23-15-367, 23-15-511 AND 23-15-833, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE PROVISIONS REGARDING THE PLACEMENT OF TITLES OF OFFICES ON THE BALLOT SHALL APPLY IN SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE THAT OCCUR ON THE SAME DAY AS THE GENERAL ELECTION; TO PROVIDE THAT IN SUCH CASES THE GENERAL ELECTION CANDIDATES AND SPECIAL ELECTION CANDIDATES SHALL BE CLEARLY DISTINGUISHED FROM SPECIAL ELECTION CANDIDATES UNDER THE TITLE OF THE OFFICE FOR WHICH THEY ARE CANDIDATES; TO AMEND SECTION 23-15-853, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VACANCIES IN THE OFFICE OF UNITED STATES SENATOR SHALL BE FILLED IN THE SAME MANNER AS VACANCIES IN THE OFFICE OF REPRESENTATIVE IN CONGRESS; TO REPEAL SECTION 23-15-855, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE MANNER IN WHICH VACANCIES IN THE OFFICE OF UNITED STATES SENATOR ARE FILLED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-367, Mississippi Code of 1972, is amended as follows:

23-15-367. (1) Except as otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2) of this section, the arrangement of the names of the candidates, and the order in which the titles of the various offices shall be printed, and the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot; but the arrangement need not be uniform.

(2) The titles for the various offices shall be listed in the following order:

(a) Candidates for national office;

(b) Candidates for statewide office;

(d) Candidates for legislative office;

(e) Candidates for countywide office;

(f) Candidates for county district office.

The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the officer charged with printing the official ballot. This subsection shall apply to special elections to fill vacancies in office that occur on the same day as the general election; however, general election candidates and special election candidates shall be clearly distinguished under the title of the office for which they are candidates.

(3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated commissioner of each county a sample of the official ballot, not less than fifty-five (55) days prior to the election, the general form of which shall be followed as nearly as practicable.

SECTION 2. Section 23-15-511, Mississippi Code of 1972, is amended as follows:

23-15-511. The ballots shall, as far as practicable, * * * be in the same order of arrangement as provided for paper ballots that are to be counted manually, except that such information may be printed in vertical or horizontal rows. Nothing in this chapter shall be construed as prohibiting the information being presented to the voters from being printed on both sides of a single ballot. In those years when a special election shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot by the commissioners of elections or officials in charge of the election in the manner provided for in Section 27-15-367. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot separate from the primary election candidate and the names of the candidates shall be clearly distinguished as special election candidates or primary election candidates.

Ballots shall be printed in plain clear type in black ink and upon clear white materials of such size and arrangement as to be compatible with the OMR tabulating equipment. Absentee ballots shall be prepared and printed in the same form and shall be on the same size and texture as the regular official ballots, except that they shall be printed on tinted paper; or the ink used to print the ballots shall be of a color different from that of the ink used to print the regular official ballots. Arrows may be printed on the ballot to indicate the place to mark the ballot, which may be to the right or left of the names of candidates and propositions. The titles of offices may be arranged in vertical columns on the ballot and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. In case there are more candidates for an office than can be printed in one (1) column, the ballot shall be clearly marked that the list of candidates is continued on the following column. The names of candidates for each office shall be printed in vertical columns, grouped by the offices which they seek. In partisan elections, the party designation of each candidate, which may be abbreviated, shall be printed following his name.

Two (2) sample ballots, which shall be facsimile ballots of the official ballot and instructions to the voters, shall be provided for each precinct and shall be posted in each polling place on election day.

A separate ballot security envelope or suitable equivalent in which the voter can place his ballot after voting, shall be provided to conceal the choices the voter has made. Absentee voters will receive a similar ballot security envelope provided by the county in which the absentee voter will insert their voted ballot, which then can be inserted into a return envelope to be mailed back to the election official. Absentee ballots will not be required to be folded when a ballot security envelope is provided.

SECTION 3. Section 23-15-833, Mississippi Code of 1972, is amended as follows:

23-15-833. (1) Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices.

(2) All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in such election, then a runoff election shall be held three (3) weeks after such election and the two (2) candidates who receive the highest popular votes for such office shall have their names submitted as such candidates to the said runoff and the candidate who leads in such runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in such runoff election shall be entitled to the office.

(3) * * * If a special election * * * occurs on the same day as the general election, the names of candidates in the special election and the general election shall be placed on the same ballot, in the manner provided for in Section 23-15-367.

At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot separate from the primary election candidates and the names of the candidates shall be clearly distinguished as special election candidates or primary election candidates.

SECTION 4. Section 23-15-853, Mississippi Code of 1972, is amended as follows:

23-15-853. (1) If a vacancy happens in the representation in Congress or in the office of United States Senator, the vacancy shall be filled for the unexpired term by a special election, to be ordered by the Governor, within sixty (60) days after such vacancy occurs, and to be held at a time fixed by his order, and which time shall be not less than sixty (60) days after the issuance of the order of the Governor, which shall be directed to the commissioners of election of the several counties in which the election is conducted, who shall, immediately on the receipt of the order, give notice of the election by publishing the order in some newspaper having a general circulation in the county and by posting notice of the election at the front door of the courthouse. The order shall also be directed to the State Board of Election Commissioners. The election shall be prepared for and conducted, and returns shall be made, in all respects as provided for a special election to fill vacancies.

(2) Candidates for the office in such an election must qualify with the Secretary of State by 5:00 p.m. not less than forty-five (45) days previous to the date of the election. The commissioners of election shall have printed on the ballot in such special election the name of any candidate who shall have been requested to be a candidate for the office by a petition filed with the Secretary of State and personally signed by not less than one thousand (1,000) qualified electors of the district in the case of candidates to fill a vacancy in representation in Congress, or signed by not less than one thousand (1,000) qualified electors of the state in the case of candidate to fill a vacancy in the office of United States Senator. The petition shall be filed by 5:00 p.m. not less than forty-five (45) days previous to the date of the election.

(3) There shall be attached to each petition required by this section, upon the time of filing with the Secretary of State, a certificate from the appropriate registrar or registrars showing the number of qualified electors appearing upon each such petition which the registrar shall furnish to the petitioner upon request.

SECTION 5. Section 23-15-855, Mississippi Code of 1972, which provides the manner in which vacancies in the Office of United States Senator are filled, is repealed.

SECTION 6. 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 7. 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.