Senate Bill 2343

AN ACT TO AMEND SECTIONS 9-7-31 AND 9-7-32, MISSISSIPPI CODE OF 1972, TO CREATE SUBDISTRICTS WITHIN THE TENTH CIRCUIT COURT DISTRICT AND TO REVISE THE NUMBER OF CIRCUIT COURT JUDGES IN THAT DISTRICT; TO PROVIDE FOR PRECINCT BOUNDARIES; TO PROVIDE FOR CANDIDACY FOR ELECTION FOR JUDGESHIPS PRIOR TO THE INCEPTION OF THE JUDGESHIP; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-7-31, Mississippi Code of 1972, is amended as follows:

9-7-31. The Tenth Circuit Court District shall be divided into two (2) subdistricts as follows:

(a) Subdistrict 10-1 shall consist of Clarke County, * * * Wayne County, and the following precincts in Lauderdale County: 1, 16, 17, 18, 2, 3, 5, Andrews Chapel, Bailey, Causeyville, Center Hill, Clarkdale, Collinsville, Culpepper, East Bonita, Martin, Meehan, Mt. Gilead, Obadiah, Pickard, Pine Springs, Prospect, Sageville, South Nellieburg, South Russell, Suqualena, Valley, Vimville, West Lauderdale, Whynot and Zero.

(b) Subdistrict 10-2 shall consist of Kemper County and the following precincts in Lauderdale County: East Lauderdale, Center Ridge, Marion, East Marion, West Dalewood, Toomsuba, Alamucha, Kewanee, Daleville, Russell, Odom, 4, 6, 7, 8, 9, 10, 11, 12, 14 and 15.

SECTION 2. Section 9-7-32, Mississippi Code of 1972, is amended as follows:

9-7-32. (1) There shall be three (3) judges for the Tenth Circuit Court District.

(2) For purposes of appointment and election, the three (3) judgeships shall be separate and distinct, and two (2) judges shall be elected from Subdistrict 10-1, and one (1) judge shall be elected from Subdistrict 10-2. The two (2) judgeships in Subdistrict 10-1 shall be denominated for purposes of appointment and election * * * as "Place One" and "Place Two," and the judgeship in Subdistrict 10-2 shall be denominated for purposes of appointment and election as "Place Three."

SECTION 3. (1) The boundaries of the subdistricts described in this act shall be the boundaries of the precincts listed as those boundaries are contained in Census 2000 redistricting maps (Public Law 94-171) Tiger line file.

(2) For the purposes of the special election to be held to fill Place Three; only, the candidates for Place Three in the Tenth Circuit Court District shall qualify to run not later than sixty (60) days before the regular election of November 2011, which shall be the date of the special election. The Place Three judge shall otherwise be elected, and any vacancy in office filled, as provided for circuit judges generally.

(3) The candidates for the judgeship that is newly created by this ad shall be entitled to run for that office in the special judicial election to be held in conjunction with the regular election of November 2011.

SECTION 4. 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 5. Sections (1) and (2) of this act shall take effect and be in force from and after January 1, 2012, provided this act is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended; Sections (3) and (4) of this act shall take effect and be in force from and after the date effectuated.