MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Apportionment and Elections

By: Representative Staples

House Bill 572

AN ACT TO PROVIDE FOR A STATEWIDE SPECIAL ELECTION FOR THE PURPOSE OF CONDUCTING A REFERENDUM ON THE QUESTION OF CONDUCTING OPEN PRIMARIES IN THE STATE OF MISSISSIPPI; TO ALLOW THE ELECTORATE TO VOTE "YES" OR "NO" ON THE QUESTION; TO REQUIRE THE SECRETARY OF STATE TO PROVIDE SUCH BALLOTS TO THE ELECTION COMMISSIONERS OF EACH COUNTY; TO REQUIRE ANY INDIVIDUAL WHO MAKES CONTRIBUTIONS TO OR EXPENDITURES IN SUPPORT OR OPPOSITION, IN AMOUNTS AGGREGATING IN EXCESS OF TWO HUNDRED DOLLARS, OF THE PROPOSITION PRESENTED TO THE ELECTORATE IN THE STATEWIDE SPECIAL ELECTION ON THE QUESTION OF OPEN PRIMARIES IN THE STATE OF MISSISSIPPI, TO FILE A REPORT; TO REQUIRE THE COUNTY ELECTION COMMISSIONERS TO TRANSMIT THE RESULTS OF SUCH TO THE SECRETARY OF STATE; TO REQUIRE THE SECRETARY OF STATE TO TABULATE THE RESULTS AND CERTIFY SUCH RESULTS TO THE GOVERNOR; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There shall be a statewide special election for the purpose of conducting a referendum on the question of conducting open primaries in the State of Mississippi, to be held on the first Tuesday after the first Monday in November 2014, and conducted in the same manner as regular general elections are held.  The question put before the voters at the statewide special election shall read on the ballots as follows:

     "SHOULD THE MISSISSIPPI LEGISLATURE CHANGE THE LAW TO ALLOW QUALIFIED ELECTORS TO VOTE IN OPEN PRIMARY ELECTIONS FOR STATE, COUNTY AND LOCAL OFFICES?

______ YES

______ NO"

      The qualified electors may indicate their preference on the line following the proposition.  The preference of a majority of the qualified electors voting in the election shall not be binding on the Mississippi Legislature in any manner.

     (2)  The statewide special election on the question of conducting open primaries in the State of Mississippi shall be administered by means of ballots provided by the Secretary of State to the election commissioners of each county.  The Secretary of State shall determine whether, in each county, it would be more efficient to administer the election by paper ballots, voting machines, electronic voting systems, optical mark reading equipment or other mechanized equipment.  The method used in each county shall be as uniform as practicable when compared to any other county in which the same method is used.  The costs associated with the holding of the statewide special election on the question of conducting open primaries in the State of Mississippi shall be borne by each county. 

     (3)  Every individual who makes contributions to, expenditures in support of, or expenditures in opposition to the proposition presented to the electorate in the statewide special election on the question of open primaries in the State of Mississippi, in amounts aggregating in excess of Two Hundred Dollars ($200.00), shall file all reports required to be filed by political committees under Sections 23-15-801 through 23-15-817, in the same manner and at the same time as provided for political committees.

     (4)  The county election commissioners shall transmit to the Secretary of State, in the same manner as the vote for state officers is transmitted, a statement of the total number of votes cast "YES" and "NO" on the proposition in the statewide special election.  The Secretary of State shall tabulate such returns and certify the results to the Governor and to each house of the Legislature.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.