MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education; Elections
By: Senator(s) Smith, Massey, Polk, Wiggins, Moran, Collins, Lee, Watson, Harkins, Hill, Stone, Gandy, Hale, McDaniel
AN ACT TO AMEND SECTION 37-7-217, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN QUALIFIED ELECTORS TO VOTE BY ABSENTEE BALLOT IN ELECTIONS FOR THE BOARD OF TRUSTEES OF CERTAIN TYPES OF SCHOOL DISTRICTS; TO AMEND SECTION 37-7-219, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-7-217, Mississippi Code of 1972, is amended as follows:
37-7-217. (1) 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.
(2) Qualified electors who fall within the definition of the term "absent voter" in Section 23-15-673 or who fall within the categories listed in Section 23-15-713 shall be allowed to vote by absentee ballot. Absentee ballot applications shall be made available to qualified electors by the superintendent of education and the superintendent of education or his designee shall perform the duties of the county registrar and election managers with regard to absentee ballots as provided for in the Absentee Balloting Procedures Law (Section 23-15-621 et seq.), the Armed Forces Absentee Voting Law (Section 23-15-671 et seq.) and the Absentee Voter Law (Section 23-15-711 et seq.).
SECTION 2. 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. * * *
SECTION 3. 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 4. 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.