Senate Bill 2507

AN ACT TO AMEND SECTION 23-15-597, MISSISSIPPI CODE OF 1972, TO REQUIRE CIRCUIT OR MUNICIPAL CLERKS WHO DO NOT PERFORM THE DUTIES OF AN EXECUTIVE COMMITTEE IN A PRIMARY ELECTION TO PROVIDE A FULL EXAMINATION OF THE BALLOT BOX AND ITS CONTENTS BY THE EXECUTIVE COMMITTEE FOR THE PURPOSE OF DETERMINING THE RESULTS OF THE ELECTION; TO PROVIDE THAT ANY CIRCUIT OR MUNICIPAL CLERK WHO REFUSES A FULL EXAMINATION BY THE EXECUTIVE COMMITTEE SHALL BE DEEMED GUILTY OF A CRIME; TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY CIRCUIT CLERK OR DEPUTY CLERK WHO REFUSES A FULL EXAMINATION OF THE BALLOT BOX AND ITS CONTENTS BY A CANDIDATE OR HIS REPRESENTATIVE SHALL BE DEEMED GUILTY OF A CRIME; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-597, Mississippi Code of 1972, is amended as follows:

23-15-597. (1) The county executive committee shall meet on the first or second day after each primary election, shall receive and canvass the returns which must be made within the time fixed by law for returns of general elections and declare the result, and announce the name of the nominees for county and county district offices and the names of those candidates to be submitted to the second primary. The vote for state, state district offices and legislative offices shall be tabulated by precincts and certified to and returned to the state executive committee, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six (36) hours after the returns are canvassed and the result ascertained. The state executive committee shall meet a week from the day following the first primary election held for state, state district offices and legislative offices, and shall proceed to canvass the returns and to declare the result, and announce the names of those nominated for the different offices in the first primary and the names of those candidates whose names are to be submitted to the second primary election. The state executive committee shall also meet a week from the day on which the second primary election was held and receive and canvass the returns for state and district offices, if any, and legislative offices, if any, voted on in such second primary. An exact and full duplicate of all tabulations by precincts as certified under this section shall be filed with the circuit clerk of the county who shall safely preserve the same in his office.

(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

(3) In counties or municipalities without a written agreement with the circuit clerk or municipal clerk under subsection (2) of this section, the circuit clerk or municipal clerk shall allow the executive committee to examine the ballot box and its contents to canvass the returns and determine the results. If any circuit clerk or municipal clerk shall refuse or neglect to provide the executive committee with the ballot box and its contents, he shall, upon conviction, be deemed guilty of a crime and shall be punished by a fine not exceeding Ten Thousand Dollars ($10,000.00) or by imprisonment in the Department of Corrections not exceeding one (1) year, and shall be removed from office.

SECTION 2. 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 upon any member of their family over the age of eighteen (18) years, 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.

(3) If any circuit clerk or his deputy shall refuse or neglect to provide any candidate or his representative full examination of the ballot box and its contents as provided in this section, he shall, upon conviction, be deemed guilty of a crime and shall be punished by a fine not exceeding Ten Thousand Dollars ($10,000.00) or by imprisonment in the Department of Corrections not exceeding one (1) year, and shall be removed from office.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.