MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A
By: Representative Formby
AN ACT TO AMEND SECTION 9-1-23, 9-5-1 AND 9-7-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT JUDICIAL CANDIDATES BE QUALIFIED ELECTORS IN THE DISTRICTS OR COUNTIES WHERE THEY SEEK TO BE ELECTED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-1-23, Mississippi Code of 1972, is amended as follows:
9-1-23. The judges of the Supreme, circuit and county courts and chancellors and judges of the Court of Appeals shall be conservators of the peace for the state, each with full power to do all acts which conservators of the peace may lawfully do; and the circuit judges and chancellors shall reside within their respective districts and be qualified electors of such districts to be candidates and the county judges shall reside in their respective counties and be qualified electors of such counties to be candidates.
SECTION 2. Section 9-5-1, Mississippi Code of 1972, is amended as follows:
9-5-1. A chancellor shall
be elected for and from each of the chancery court districts as provided in
this chapter and the listing of individual precincts shall be those precincts
as they existed on October 1, 1990. He shall hold court in any other district
with the consent of the chancellor thereof when in their opinion the public
interest may be thereby promoted. The terms of all chancellors elected at the
regular election for the year 1930 shall begin on the first day of January,
1931, and their terms of office shall continue for four (4) years. A
chancellor shall be a resident of the district in which he serves * * *
and shall * * * be required to be a resident of a
subdistrict if the district is divided into subdistricts. A candidate shall
be a qualified elector of the district and subdistrict, if applicable, to run
for chancellor.
SECTION 3. Section 9-7-1, Mississippi Code of 1972, is amended as follows:
9-7-1. A circuit judge
shall be elected for and from each circuit court district and the listing of
individual precincts shall be those precincts as they existed on October 1,
1990. He may hold court in any other district with the consent of the judge
thereof, when in their opinion the public interest may require. The terms of
all circuit judges hereafter elected shall begin on the first day of January
1931 and their terms of office shall continue for four (4) years. A circuit
judge shall be a resident of the district in which he or she serves * * *
and shall * * * be required to be a resident of a
subdistrict if the district is divided into subdistricts. A candidate shall
be a qualified elector of the district and subdistrict, if applicable, to run
for circuit judge.
SECTION 4. 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 5. 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.