House Bill 696

AN ACT TO PROVIDE THAT THE OFFICE OF COUNTY ATTORNEY IS A NONPARTISAN OFFICE AND A CANDIDATE FOR ELECTION THERETO IS PROHIBITED FROM CAMPAIGNING OR QUALIFYING FOR SUCH AN OFFICE BASED ON PARTY AFFILIATION; TO PROVIDE THAT CANDIDATES FOR COUNTY ATTORNEY SHALL QUALIFY BY FILING A PETITION WITH THE CLERK OF THE BOARD OF SUPERVISORS OF THE CANDIDATE'S COUNTY OF RESIDENCE THAT IS PERSONALLY SIGNED BY NOT LESS THAN 50 QUALIFIED ELECTORS OF THE COUNTY IN WHICH THEY RESIDE, REQUESTING THAT SUCH PERSON BE A CANDIDATE; TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The office of county attorney is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation. No political party, political parties nor any committee or political committee affiliated with a political party shall engage in fund-raising on behalf of a candidate or officeholder of a nonpartisan county attorney office, nor shall a political party or any committee or political committee affiliated with a political party make any contribution to a candidate for nonpartisan county attorney office or the political committee of a candidate for nonpartisan county attorney office, nor shall a political party or any committee or political committee affiliated with a political party publicly endorse any candidate for nonpartisan county attorney office. No candidate or candidate's political committee for nonpartisan county attorney office shall accept a contribution from a political party or any committee or political committee affiliated with a political party.

(2) Candidates for county attorney shall qualify by filing a petition that is personally signed by not less than fifty (50) qualified electors of the county in which they reside, requesting that such person be a candidate with the clerk of the board of supervisors of the candidate's county of residence. Such petition shall be filed by 5:00 p.m. on March 1 of the year in which the primary election for other county offices is held.

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 county in which he seeks election and that the candidate is otherwise qualified as provided by law.

The board shall determine 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 board shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The board 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 board 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 board determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, then the name of such candidate shall not be placed upon the ballot.

SECTION 2. Section 23-15-297, Mississippi Code of 1972, is amended as follows:

23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:

(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).

(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).

(d) Candidates for state senator, state representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, * * *~~county attorney,~~ county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).

(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).

(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).

(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).

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.