MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Apportionment and Elections
By: Representative Brown (66th)
AN ACT TO AMEND SECTION 23-15-193, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR ELECTED STATE, DISTRICT AND COUNTY OFFICIALS TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR COUNTY JUDGES TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 23-15-191, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF THE FIRST PRIMARIES TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN AUGUST; TO AMEND SECTIONS 23-15-637 AND 23-15-715, MISSISSIPPI CODE OF 1972, TO CONFORM THE TIME FOR CASTING AN ABSENTEE BALLOT TO THE PRECEDING SECTIONS; TO AMEND SECTION 23-15-833, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF THE REGULAR SPECIAL ELECTION TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EACH YEAR; TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR MEMBERS OF THE STATE HIGHWAY COMMISSIONERS TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN MAY; TO AMEND SECTION 9-4-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. On the first
Saturday after the first Monday in November at the general election
in * * * 2015,
and every four (4) years thereafter, there shall be elected a Governor,
Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State
Treasurer, Attorney General, three (3) public service commissioners, three (3)
Mississippi Transportation Commissioners, Commissioner of Insurance,
Commissioner of Agriculture and Commerce, Senators and members of the House of
Representatives in the Legislature, district attorneys for the several
districts, clerks of the circuit and chancery courts of the several counties,
as well as sheriffs, coroners, assessors, surveyors and members of the boards
of supervisors, justice court judges and constables, and all other officers to
be elected by the people at the general state election. All such officers
shall hold their offices for a term of four (4) years, and until their
successors are elected and qualified. The state officers shall be elected in
the manner prescribed in Section 140 of the Constitution.
SECTION 2. Section 9-9-5, Mississippi Code of 1972, is amended as follows:
9-9-5. (1) The county judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. In the event of the establishment of a county court by agreement between two (2) or more counties as provided in Section 9-9-3, the judge of said court may be a qualified elector of any one (1) of said counties, and shall have such other qualifications as provided for by law. The county judge shall be elected by the qualified electors of his county at the time and in the manner as circuit judges are elected and he shall hold office for the same term. Vacancies in the office of county judge shall be filled in the same manner as vacancies in the office of circuit judge.
(2) Provided, however, that in any county having a total population in excess of eleven thousand (11,000) according to the 1970 federal decennial census and a total assessed valuation of real and personal property of not less than Sixteen Million Dollars ($16,000,000.00) and not more than Seventeen Million Dollars ($17,000,000.00) and in which Mississippi Highway 4 and United States Highway 61 intersect, in which there is a vacancy in the post of county judge resulting from the failure of a candidate to qualify for that post, the board of supervisors of such county may, upon certification of such vacancy to the board, appoint a county judge to serve out the term so vacated who shall be a licensed attorney from such county or an adjoining county. The compensation of such attorney shall be the same he would have otherwise received if elected.
(3) In the event that any
county wherein is located a state hospital and wherein U.S. Highway 80 and Mississippi
Highway 43 intersect shall establish a county court, the county judge of such
county shall be elected at the general election to be held on * * *
Saturday after the
first Monday of November * * * 19822014, after qualifying therefor as provided by
law. Provided, however, that the board of supervisors of such county may
appoint a county judge who shall be a licensed attorney from such county until
the office of county judge shall be filled pursuant to said election.
SECTION 3. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first * * * Saturday after the first Monday
of August preceding any regular or general election; and the second primary
shall be held three (3) weeks thereafter on a Saturday. Any candidate
who receives the highest popular vote cast for the office which he seeks in the
first primary shall thereby become the nominee of the party for such office;
provided also it be a majority of all the votes cast for that office. If no
candidate receive such majority of popular votes in the first primary, then the
two (2) candidates who receive the highest popular vote for such office shall
have their names submitted as such candidates to a second primary, and the
candidate who leads in such second primary shall be nominated to the office.
When there is a tie in the first primary of those receiving the next
highest vote, these two (2) and the one (1) receiving the highest vote, none
having received a majority, shall go into the second primary, and whoever leads
in such second primary shall be entitled to the nomination.
SECTION 4. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. Absentee ballots
received by mail, except presidential ballots as provided for in
Sections 23-15-731 and 23-15-733 and except as otherwise provided by Section 23-15-699,
must be received by the registrar by 5:00 p.m. on the date preceding the
election; any received after such time shall be handled as provided in Section
23-15-647 and shall not be counted. All ballots cast by the absent elector
appearing in person in the office of the registrar shall be cast not later than
12:00 noon on the * * *
Thursday immediately preceding elections held on Tuesday, the Thursday
immediately preceding elections held on Saturday, or the second day immediately
preceding the date of elections held on other days. The registrar shall
deposit all absentee ballots which have been timely cast in the ballot boxes upon
receipt.
SECTION 5. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:
(a) Not more than
forty-five (45) days nor later than 12:00 noon on * * * the Thursday immediately preceding elections held on
Saturday, or the second day immediately preceding the date of elections held on
other days, he shall appear in person before the registrar of the county in
which he resides, or for municipal elections he shall appear in person before
the city clerk of the municipality in which he resides and, when the elector so
appears, he shall execute and file an application as provided in Section 23-15-627
and vote by absentee ballot, except that if the ballot has not been printed by
forty-five (45) days preceding the election, the elector may appear and file an
application anytime before the election. Then the absentee ballot shall be mailed
by the circuit clerk to the elector as soon as the ballot has been printed.
(b) Within forty-five
(45) days next prior to any election, any elector who cannot comply with
paragraph (a) of this section by reason of temporarily residing outside the county,
or any person who has a temporary or permanent physical disability, persons who
are sixty-five (65) years of age or older, or any person who is the parent,
spouse or dependent of a temporarily or permanently physically disabled person
who is hospitalized outside of his county of residence or more than fifty (50)
miles away from his residence and such parent, spouse or dependent will be with
such person on election day, may make application for an absentee ballot by
mailing the appropriate application to the registrar. Only persons temporarily
residing out of the county of their residence, persons having a temporary or
permanent physical disability, persons who are sixty-five (65) years of age or
older, or any person who is the parent, spouse or dependent of a temporarily or
permanently physically disabled person who is hospitalized outside of his
county of residence or more than fifty (50) miles away from his residence, and
such parent, spouse or dependent will be with such person on election day, may
obtain absentee ballots by mail under the provisions of this * * * paragraph and as provided by
Section 23-15-713. Applications of persons temporarily residing outside the
county shall be sworn to and subscribed before an official who is authorized to
administer oaths or other official authorized to witness absentee balloting as
provided in this chapter, said application to be accompanied by such verifying
affidavits as required by this chapter. The applications of persons having a
temporary or permanent physical disability shall not be required to be
accompanied by an affidavit but shall be witnessed and signed by a person
eighteen (18) years of age or older. The registrar shall send to such absent
voter a proper absentee voter ballot within twenty-four (24) hours, or as soon
thereafter as the ballots are available, containing the names of all candidates
who qualify or the proposition to be voted on in such election, and with such
ballot there shall be sent an official envelope containing upon it in printed
form the recitals and data hereinafter required.
SECTION 6. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as
otherwise provided by law, the first * * * Saturday 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, and any vacancy in the office
of circuit judge or chancellor.
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.
In those years when the regular special election day 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, but shall be clearly distinguished as general election candidates or special election candidates.
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, but shall be clearly distinguished as special election candidates or primary election candidates.
SECTION 7. Section 65-1-3, Mississippi Code of 1972, is amended as follows:
65-1-3. There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.
On * * * Saturday after the first Monday
in November of the year * * * 19512015, and every four (4) years thereafter, state
highway commissioners shall be elected at the same time and in the same manner
as the Governor is chosen; and the laws governing primary elections and the
holding of general elections in this state shall apply to and govern the
nomination and election of state highway commissioners. The state highway
commissioners so elected shall enter upon the discharge of the duties of their
respective offices on the first Monday of January in the year next succeeding
the date of their election, and they shall serve for a term of four (4) years
and until their successors shall have been duly elected and qualified.
If any one or more of the state highway commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court district in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a state highway commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.
Each of said state highway commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.
From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi transportation commissioners.
SECTION 8. Section 9-4-5, Mississippi Code of 1972, is amended as follows:
9-4-5. (1) The term of office
of judges of the Court of Appeals shall be eight (8) years. An election shall
be held on the first * * * Saturday
after the first Monday in November * * *1.
(2) (a) In order to provide that the offices of not more than a majority of the judges of said court shall become vacant at any one (1) time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Court of Appeals each candidate shall state the position number of the office to which he aspires and the election ballots shall so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
(c) In the year prior to the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the manner provided in this section in the district from which the incumbent Court of Appeals judge was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his election and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding such election.
(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term prior to the election to fill the remainder of said term according to provisions of Section 23-15-849, Mississippi Code of 1972.
(5) (a) The State of Mississippi is hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
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.