MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Apportionment and Elections
By: Representative Denny
AN ACT TO REQUIRE ALL CANDIDATES FOR PUBLIC OFFICE TO DESIGNATE AN AGENT TO ACCEPT AND RECEIVE ANY WRITTEN NOTICE REQUIRED FOR ANY PURPOSE UNDER STATE AND FEDERAL ELECTION LAWS; TO PROVIDE THAT ALL SUCH DESIGNATIONS SHALL BE MADE IN WRITING, AND SHALL LIST THE AGENT BY HIS OR HER NAME, RESIDENTIAL STREET ADDRESS, POST OFFICE ADDRESS, TELEPHONE NUMBER, FACSIMILE NUMBER AND EMAIL ADDRESS, IF APPLICABLE; TO AMEND SECTIONS 23-15-213, 23-15-299 AND 23-15-309, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO PROVIDE THAT THE COMMITTEE SHALL ALSO DETERMINE WHETHER ANY CANDIDATE HAS BEEN CONVICTED OF BRIBERY, PERJURY OR OTHER INFAMOUS CRIMES, WHICH INCLUDES CONVICTION OF ANY FELONY IN THIS STATE AND ANY CRIME PUNISHABLE BY AT LEAST ONE (1) YEAR IN THE STATE PENITENTIARY, OR HAS BEEN CONVICTED AFTER DECEMBER 8, 1992, IN ANOTHER STATE OF ANY OFFENSE WHICH IS A FELONY UNDER THE LAWS OF THIS STATE, OR HAS BEEN CONVICTED AFTER DECEMBER 8, 1992, OF ANY FELONY IN FEDERAL COURT; TO AMEND SECTIONS 23-15-313, 23-15-359 AND 23-15-361, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A CANDIDATE'S AGENT TO ACCEPT AND RECEIVE NOTICE FOR A REQUEST TO FULLY EXAMINE THE RETURNS OF A BALLOT BOX; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. All candidates for public office shall designate an agent to accept and receive any written notice required for any purpose under state and federal election laws. All such designations shall be made in writing, and shall list the agent by his or her name, residential street address, post office address, telephone number, facsimile number and e-mail address, if applicable.
SECTION 2. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
23-15-213. At the general election in 1984 and every four (4) years thereafter, there shall be elected five (5) commissioners of election for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners, before acting, shall take and subscribe the oath of office prescribed by the Constitution and file the oath in the office of the clerk of the chancery court, there to remain. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
The qualified electors of each supervisors district shall elect, at the general election in 1984 and every four (4) years thereafter, in their district one (1) commissioner of election. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he resides.
Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot. All candidates shall designate an agent to accept and receive any written notice required for any purpose under state and federal election laws. All such designations shall be made in writing, and shall list the agent by his or her name, residential street address, post office address, telephone number, facsimile number and email address, if applicable.
The petition shall have attached thereto a certificate of the registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chairman or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected unless and until he has received a majority of the votes cast for the position or post for which he is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
Upon taking office, the county board of election commissioners shall organize by electing a chairman and a secretary.
It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.
SECTION 3. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(b) If the 2010 census redistricting information that is provided to the state in accordance with Public Law 94-171 has not been received from the United States Secretary of Commerce by the Governor of the State of Mississippi by January 1, 2011, then the qualifying deadline for legislative offices shall be changed for the year 2011 only, as follows: Assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on June 1, 2011. This paragraph (b) shall stand repealed on July 1, 2012; however, no such assessments may be paid before January 1 of the year in which the election for the office is held.
(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for legislative offices, shall be paid by each candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days.
(3) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated and the office for which he or she is a candidate. All candidates for public office shall designate an agent to accept and receive any written notice required for any purpose under state and federal election laws. All such designations shall be made in writing, and shall list the agent by his or her name, residential street address, post office address, telephone number, facsimile number and email address, if applicable.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot.
(5) The secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.
(7) Upon receipt of the
proper fee and all necessary information, the proper executive committee shall
then determine whether each candidate is a qualified elector of the state,
state district, county or county district which they seek to serve, and whether
each candidate meets all other qualifications to hold the office he is seeking
or presents absolute proof that he will, subject to no contingencies, meet all
qualifications on or before the date of the general or special election at
which he could be elected to office. The executive committee shall determine
whether the candidate has taken the steps necessary to qualify for more than
one (1) office at the election. The committee also shall determine whether any
candidate has been convicted of * * * any felony in a court of this
state, or has been convicted on or after December 8, 1992, of any offense in
another state which is a felony under the laws of this state, or has been
convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the
United States Internal Revenue Code or any violations of the tax laws of this
state unless the offense also involved the misuse or abuse of his office
or money coming into his hands by virtue of his office. If the proper
executive committee finds that a candidate either (a) is not a qualified elector,
(b) does not meet all qualifications to hold the office he seeks and fails to
provide absolute proof, subject to no contingencies, that he will meet the
qualifications on or before the date of the general or special election at
which he could be elected, or (c) has been convicted of a * * * disqualifying crime as described
in this subsection, and not pardoned, then the name of such candidate shall not
be placed upon the ballot. If the proper executive committee determines that
the candidate has taken the steps necessary to qualify for more than one (1)
office at the election, the action required by Section 23-15-905, shall be
taken.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 4. Section 23-15-309, Mississippi Code of 1972, is amended as follows:
23-15-309. (1) Nominations for all municipal officers which are elective shall be made at a primary election, or elections, to be held in the manner prescribed by law. All persons desiring to be candidates for the nomination in the primary elections shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least sixty (60) days prior to the first primary election, no later than 5:00 p.m. on such deadline day.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he is affiliated, and the office for which he is a candidate and the name, residential street address, post office address, telephone number, facsimile number and email address, if applicable, of an agent, authorized by virtue of the candidate's appointment, to accept and receive written notice for all purposes under state and federal election laws, in place and instead of the candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. Such funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) Upon receipt of the
above information, the proper municipal executive committee shall then
determine whether each candidate is a qualified elector of the municipality,
and of the ward if the office sought is a ward office, shall determine whether
each candidate either meets all other qualifications to hold the office he is
seeking or presents absolute proof that he will, subject to no contingencies,
meet all qualifications on or before the date of the general or special
election at which he could be elected to office. The executive committee shall
determine whether the candidate has taken the steps necessary to qualify for
more than one (1) office at the election. The committee also shall determine
whether any candidate has been convicted of * * * any felony in a court of this
state, or has been convicted on or after December 8, 1992, of any offense in
another state which is a felony under the laws of this state, or has been
convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the
United States Internal Revenue Code or any violations of the tax laws of this
state unless such offense also involved misuse or abuse of his office or money
coming into his hands by virtue of his office. If the proper municipal
executive committee finds that a candidate either (a) is not a qualified
elector, (b) does not meet all qualifications to hold the office he seeks
and fails to provide absolute proof, subject to no contingencies, that he will
meet the qualifications on or before the date of the general or special
election at which he could be elected, or * * * (c) has been convicted of a * * * disqualifying crime as described
in this subsection and not pardoned, then the name of such candidate shall not
be placed upon the ballot. If the executive committee determines that the
candidate has taken the steps necessary to qualify for more than one (1) office
at the election, the action required by Section 23-15-905, shall be taken.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 5. Section 23-15-313, Mississippi Code of 1972, is amended as follows:
23-15-313. (1) If there be any political party, or parties, in any municipality which shall not have a party executive committee for such municipality, such political party, or parties, shall within thirty (30) days of the date for which a candidate for a municipal office is required to qualify in that municipality select qualified electors of that municipality and of that party's political faith to serve on a temporary municipal executive committee until members of a municipal executive committee are elected at the next regular election for executive committees. The temporary municipal executive committee shall be selected in the following manner: The chairman of the county executive committee of the party desiring to select a temporary municipal executive committee shall call, upon petition of five (5) or more members of that political faith, a mass meeting of the qualified electors of their political faith who reside in such municipality to meet at some convenient place within such municipality, at a time to be designated in the call, and at such mass convention the members of that political faith shall select a temporary municipal executive committee which shall serve until members of a municipal executive committee are elected at the next regular election for executive committees. The public shall be given notice of such mass meeting as provided in Section 23-15-315. The chairman of the county executive committee shall authorize the call within five (5) calendar days of receipt of the petition. If the chairman of the county executive committee is either incapacitated, unavailable or nonresponsive and does not authorize the mass call within five (5) calendar days of receipt of the petition, any elected officer of the county executive committee may authorize the call within five (5) calendar days. If no elected officer of the county executive committee acts to approve such petition after an additional five (5) calendar days from the date, the chair of the county executive committee not taking action as provided by this section, the petitioners shall be authorized to produce the call themselves.
(2) If no municipal executive committee is selected or otherwise formed before an election, the county executive committee may serve as the temporary municipal executive committee and exercise all of the duties of the municipal executive committee for the municipal election. After a county executive committee has fulfilled its duties as the temporary municipal executive committee, as soon as practicable thereafter, the county executive committee shall select a municipal executive committee no later than before the next municipal election.
(3) A person who has been
convicted of * * *
a felony in a court of this state or another state or a court of the United
States, shall be barred from serving as a member of a municipal executive
committee.
SECTION 6. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of such political party. In the event such candidate qualifies as an independent as provided in this section, he shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the State Board of Election Commissioners by no later than 5:00 p.m. on the same date by which candidates for nominations in the political party primary elections are required to pay the fee provided for in Section 23-15-297, Mississippi Code of 1972; however, no petition may be filed before January 1 of the year in which the election for the office is held. All candidates shall designate, in writing, an agent, by his or her name, residence street address, post office address, telephone number, facsimile number and email address, if applicable, authorized by virtue of such candidate's appointment, to accept and receive written notice for all purposes under state and federal election laws, in place and instead of the candidate.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates for nominations in the political party elections are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. All candidates shall designate, in writing, an agent, by his or her name, residence street address, post office address, telephone number, facsimile number and email address, if applicable, authorized by virtue of such candidate's appointment, to accept and receive written notice for all purposes under state and federal election laws, in place and instead of the candidate.
The circuit clerk shall notify the county commissioners of election of all persons who have filed petitions with such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
(5) The commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of such local issue must be filed with the commissioners of election by the appropriate governing authority not less than sixty (60) days previous to the date of the election.
(6) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(7) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the State Board of Election Commissioners and signed by not less than fifty (50) qualified electors.
(8) The appropriate
election commission shall determine whether each candidate is a qualified
elector of the state, state district, county or county district they seek to
serve, and whether each candidate meets all other qualifications to hold the
office he is seeking or presents absolute proof that he will, subject to no
contingencies, meet all qualifications on or before the date of the general or
special election at which he could be elected to office. The election
commission shall determine whether the candidate has taken the steps necessary
to qualify for more than one (1) office at the election. The election
commission also shall determine whether any candidate has been convicted of * * * any felony in a court of this
state, or has been convicted on or after December 8, 1992, of any offense in
another state which is a felony under the laws of this state, or has been
convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the
United States Internal Revenue Code or any violations of the tax laws of this
state, unless the offense also involved misuse or abuse of his office or money
coming into his hands by virtue of his office. If the appropriate election
commission finds that a candidate either (a) is not a qualified elector, (b)
does not meet all qualifications to hold the office he seeks and fails to
provide absolute proof, subject to no contingencies, that he will meet the
qualifications on or before the date of the general or special election at
which he could be elected, or (c) has been convicted of a felony as described
in this subsection, and not pardoned, then the name of such candidate shall not
be placed upon the ballot. If the appropriate election commission determines
that the candidate has taken the steps necessary to qualify for more than one
(1) office at the election, the action required by Section 23-15-905, shall be taken.
(9) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election, the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (8) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(10) The petition required by this section may not be filed by using the Internet.
SECTION 7. Section 23-15-361, Mississippi Code of 1972, is amended as follows:
23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant in the primary election, and that the person whose name is presented by him was nominated by such primary election. The municipal election commissioner designated to have the ballots printed shall also have printed on the ballot in any municipal general election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary election are required to pay the fee provided for in Section 23-15-309, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each municipal office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. Provided further, however, that nothing in this section shall prohibit a person from qualifying as a nominee of a political party, or from requesting to be a candidate for the office by filing a petition, in the event of the death of a candidate for the office which makes it impossible to have an election contest. In the event such candidate qualifies as an independent as herein provided, he shall be listed on the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal commissioners of election of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal
commission shall determine whether each party candidate in the municipal
general election is a qualified elector of the municipality, and of the ward if
the office sought is a ward office and shall determine whether each candidate
either meets all other qualifications to hold the office he is seeking or
presents absolute proof that he will, subject to no contingencies, meet all
qualifications on or before the date of the general or special election at
which he could be elected to office. The municipal election commission also
shall determine whether any candidate has been convicted of * * * any felony in a court of this
state, or has been convicted on or after December 8, 1992, of any offense in
another state which is a felony under the laws of this state, or has been
convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the
United States Internal Revenue Code or any violations of the tax laws of this
state unless such offense also involved misuse or abuse of his office or money
coming into his hands by virtue of his office. If the municipal election
commission finds that a candidate either (a) is not a qualified elector, (b)
does not meet all qualifications to hold the office he seeks and fails to
provide absolute proof, subject to no contingencies, that he will meet the
qualifications on or before the date of the general or special election at
which he could be elected, or (c) has been convicted of a felony as described
above and not pardoned, then the name of the candidate shall not be placed upon
the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 8. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) When the
returns for a box and the contents of the ballot box and the conduct of the
election thereat have been canvassed and reviewed by the county election
commission in the case of general elections or the county executive committee
in the case of primary elections, all the contents of the box required to be
placed and sealed in the ballot box by the managers shall be replaced therein
by the election commission or executive committee, as the case may be, and the
box shall be forthwith resealed and delivered to the circuit clerk, who shall
safely keep and secure the same against any tampering therewith. At any time
within twelve (12) days after the canvass and examination of the box and its
contents by the election commission or executive committee, as the case may be,
any candidate or his representative authorized in writing by him shall have the
right of full examination of said box and its contents upon three (3) days'
notice of his application therefor served upon the opposing candidate or
candidates, * * * or
candidate's agent designated to accept and receive notice as otherwise provided
by law. Service of notice shall be provided to the opposing candidate or
candidates, or candidate's designated agent by delivering a copy to him or her
personally; by leaving a copy at his or her dwelling or usual place of residence
with a family member who shall not be less than sixteen (16) years of age and
residing therein; by leaving a copy at his or her principal office or usual
place of business with some person in a supervisory or managerial position
thereof; by email or other electronic means, with receipt deemed upon
transmission thereof; or by mailing a copy of the notice by registered or
certified mail, addressed to the opposing candidate or candidate(s) or his or
her designated agent at his or her residence or principal office or place of
business, with receipt deemed upon mailing thereof. If service of notice
cannot be made to an opposing candidate or candidate's designated agent,
the notice may be posted on the door of such designated agent's usual
place of abode; however, if the candidate or candidates' usual place of
residence is a multi-family dwelling, a copy of the notice must be mailed to
the candidate or candidates by United States, first class mail, postage prepaid
thereon. Proof of service of notice upon an opposing candidate, or candidates,
or candidate's designated agent shall be made to the clerk three (3) days
before a full examination of the ballot box may be conducted, which
examination shall be conducted in the presence of the circuit clerk or his
deputy who shall be charged with the duty to see that none of the contents of
the box are removed from the presence of the clerk or in any way tampered
with. Upon the completion of said examination the box shall be resealed with
all its contents as theretofore. And if any contest or complaint before the
court shall arise over said box, it shall be kept intact and sealed until the
court hearing and another ballot box, if necessary, shall be furnished for the
precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 9. 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 10. 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.