House Bill 753

AN ACT TO AMEND SECTION 37-7-213, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME REQUIRED FOR NOTICE OF ELECTION FOR SCHOOL DISTRICT ELECTIONS; TO AMEND SECTIONS 37-7-215 AND 37-7-223, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF TRUSTEES, THE COUNTY ELECTION COMMISSIONERS OR ANY OTHER AUTHORITIES CONDUCTING SCHOOL BOARD ELECTIONS TO ALLOW ANY QUALIFIED ELECTOR OF THE SCHOOL DISTRICT WHO IS AN ACTIVELY DEPLOYED MEMBER OF THE UNITED STATES ARMED FORCES TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 37-7-219, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 37-7-217, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE CONDUCT OF CERTAIN SCHOOL BOARD ELECTIONS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-7-213, Mississippi Code of 1972, is amended as follows:

37-7-213. Notice of said election shall be given at least thirty (30) days before the election by the superintendent by posting a notice thereof in at least three (3) public places in the school district upon the bulletin board of all school buildings in such school district, and in addition thereto, notice shall be made by publication once in each week during three (3) successive weeks in a public newspaper of the county in which the election shall take place, if there be such a newspaper, and where there is no newspaper in the county, the notice shall be posted at the courthouse door of the county and published as above provided in a public newspaper in an adjoining county, or at the seat of government of the state, and the period of said publication shall be deemed completed at the end of thirty (30) days from the date of the first publication; provided, there have been three (3) publications made as hereinabove required. Such notice shall contain a statement of the time and place for the holding of the election, the number of trustees to be elected, and whether same be for a full term or for an unexpired term. In addition, the notice shall contain the names of the candidates for each position to be filled and the area to be represented by each. In addition thereto, the principal, teacher or superintendent of each school within such district shall announce the date, time, purpose and place of holding said election to the pupils at least three (3) times during the week immediately preceding same.

SECTION 2. Section 37-7-215, Mississippi Code of 1972, is amended as follows:

37-7-215. All such elections shall be held on the first Tuesday after the first Monday in November and, except as otherwise provided in this chapter, in accordance with procedures followed in regular general elections. The board of trustees or any other authorities conducting the elections shall allow any qualified elector who is an actively deployed member of the United States Armed Forces to vote by absentee ballot in all such elections within thirty (30) days of the election. In the event a runoff is necessary, such runoff shall be held three (3) weeks thereafter.

SECTION 3. Section 37-7-219, Mississippi Code of 1972, is amended as follows:

37-7-219. For the purpose of holding such an election, it shall be the duty of the trustees of such school district whose terms do not expire in that year to prepare from the records in the office of the county registrar a list of the qualified electors of such school district who are eligible to participate in such election. Such list shall be furnished to the chairman and secretary of said meeting. Except as provided in Section 37-7-215 for actively deployed members of the United States Armed Forces, no person who is not present at the time and place of holding said election shall be eligible to vote therein.

SECTION 4. Section 37-7-223, Mississippi Code of 1972, is amended as follows:

37-7-223. All elections of consolidated or consolidated line school district trustees shall be held on the first Tuesday after the first Monday in November of each year in the same manner as general state and county elections are held and conducted. The county election commissioners shall allow any qualified elector who is an actively deployed member of the United States Armed Forces to vote by absentee in all such elections at least thirty (30) days of the election.

SECTION 5. Section 37-7-217, Mississippi Code of 1972, is amended as follows:

37-7-217. The qualified electors of each school district operating under Section 37-7-215 * * * shall meet on the date specified therein and at the time and place or places specified by the board of trustees of the school district, and at such meeting the electors shall immediately organize by electing a chairman and a secretary of the meeting and shall thereupon proceed to elect the necessary number of trustees by secret written ballot from the list of candidates properly qualified. If there is an election for a full term and for an unexpired term or terms, such election shall be separately held and conducted. The person elected shall immediately assume the duties of his office for the full term if the election is for the full term, or for the remainder of the unexpired term if the election is for an unexpired term. The chairman and secretary of the meeting shall forthwith certify the results of the election to the superintendent of the municipal separate or special municipal separate school district, as the case may be, which certificate shall be delivered to such superintendent within five (5) days following said election. If a person shall not receive a majority of the votes cast upon the first ballot, a runoff shall be held between the two (2) persons receiving the highest number of votes upon such first ballot, which runoff shall be held three (3) weeks thereafter. No trustees' election shall be discontinued or adjourned but same shall be completed upon the day specified therefor.

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.