House Bill 958

(COMMITTEE SUBSTITUTE)

AN ACT TO PROHIBIT MEMBERS OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, STATE INSTITUTION OF HIGHER LEARNING CHANCELLORS, PRESIDENTS AND ADMINISTRATORS, MEMBERS OF THE MISSISSIPPI COMMUNITY COLLEGE BOARD, MEMBERS OF THE BOARD OF TRUSTEES FOR A PUBLIC COMMUNITY OR JUNIOR COLLEGE, PUBLIC COMMUNITY OR JUNIOR COLLEGE PRESIDENTS AND ADMINISTRATORS, SCHOOL BOARD MEMBERS, SCHOOL SUPERINTENDENTS, ADMINISTRATORS, PRINCIPALS AND ASSISTANT PRINCIPALS FROM ENGAGING IN POLITICAL ACTIVITY WHILE IN PERFORMANCE OF OFFICIAL DUTIES AND RESPONSIBILITIES; TO PROHIBIT THE USE OF INSTITUTION, COLLEGE AND DISTRICT TIME, EQUIPMENT, SUPPLIES OR PERSONNEL TO PRODUCE, DISTRIBUTE, DISSEMINATE, CIRCULATE OR COMMUNICATE ANY MATERIAL OR INFORMATION IN SUPPORT OR OPPOSITION OF POLITICAL ACTIVITY; TO PROHIBIT SOLICITING OR ATTEMPTS TO SOLICIT FUNDS FROM SCHOOL DISTRICT PERSONNEL ON BEHALF OF A POLITICAL ACTIVITY; TO PROHIBIT POLITICAL ACTIVITY ON SCHOOL PROPERTY; TO PROVIDE THAT LIMITATIONS IMPOSED ON ADMINISTRATORS, SCHOOL BOARD MEMBERS, SCHOOL SUPERINTENDENTS AND SCHOOL ADMINISTRATORS ENGAGING IN POLITICAL ACTIVITY SHALL NOT BE APPLICABLE TO SUCH PERSON ON THEIR PERSONAL TIME; TO REQUIRE ADMINISTRATORS, SCHOOL SUPERINTENDENTS, SCHOOL BOARD MEMBERS AND ADMINISTRATORS TO REMAIN NEUTRAL BY NOT ENGAGING IN POLITICAL ACTIVITIES ON SCHOOL PROPERTY AND BY NOT PUBLICLY SUPPORTING OR OPPOSING ANY POLITICAL PARTY; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-801, 23-15-871 AND 23-15-873, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, the following terms shall have their meanings ascribed in this section, unless the context clearly requires otherwise:

(a) "Political activity" includes any and all efforts of individuals, individually or in concert with others, which are done for the purpose of supporting or opposing any political party, philosophy or issue in an election or done to affect the outcome thereof, campaigning on behalf of a specific candidate or issue or lobbying the Legislature for policy change. "Political activity" shall not include encouraging awareness and involvement in the political process in a neutral and nonpartisan manner.

(b) "School facilities" means any buildings and grounds, owned, operated, controlled or maintained by the school board, a state institution of higher learning, the Board of Trustees of State Institutions of Higher Learning, a public community or junior college or the Mississippi Community College Board, including, but not limited to, schools, ancillary facilities, athletic facilities, and office complexes.

(c) "Political events" include any and all meetings, fund raisers, gatherings, or other such events organized or conducted for the purpose of supporting or opposing any candidate for public office, any issue which is or may be scheduled to appear on an election ballot, or any political party or organization. "Political events" shall not include an academic activity or student led activity.

(d) "College or school administrator" means each member of the Board of Trustees of State Institutions of Higher Learning; state institution of higher learning chancellor, president or administrator; member of the Mississippi Community College Board; member of the board of trustees for a public community or junior college; public community or junior college president or administrator; school board member; school superintendent, administrator, principal and assistant principal.

SECTION 2. Each college or school administrator retains all rights and obligations of citizenship provided in the Constitution and Laws of the State of Mississippi and the Constitution of the United States. However, no college or school administrator shall:

(a) Use or allow the use of state institution of higher learning, Board of Trustees of State Institutions of Higher Learning, public community or junior college, Mississippi Community College Board or school district time, equipment, supplies or personnel to produce, distribute, disseminate, circulate or communicate any material or information in support or opposition of any political party, philosophy or issue in an election or done to affect the outcome thereof, campaigning on behalf of a specific candidate or issue or lobbying the Legislature for policy change. For purpose of this paragraph

(a), "time" means the regularly scheduled hours of operation designated by the Board of Trustees of State Institutions of Higher Learning, board of trustees for a public community or junior college, Mississippi Community College Board or school board for the performance of official duties and responsibilities associated with the position for which an individual is employed;

(b) Use his or her official position in any way to influence or attempt to influence, state institution of higher learning, public community or junior college or district personnel to support or oppose any political party, philosophy or issue in an election or done to affect the outcome thereof, campaigning on behalf of a specific candidate or issue or lobbying the Legislature for policy change. Such prohibition shall include, but not be limited to, any form of advocacy or opposition in a classroom or school setting, faculty or staff meeting, or other higher education or school related employment relationship;

(c) Participate in any political activity, except lobbying the Legislature with proper authorization, while in the performance of his or her official duties;

(d) Attempt, either directly or indirectly, to coerce political activity or political support from any other state institution of higher learning, public community or junior college or school district personnel; or

(e) Solicit or attempt to solicit funds from state institution of higher learning, public community or junior college or school district personnel on behalf of a candidate, party or issue, or any campaign or lobbying effort. Nothing in this section shall be interpreted to prohibit any person from suggesting to another person, outside of normal work hours in a noncoercive manner, that he or she may voluntarily contribute to a fund which is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes.

SECTION 3. Except as otherwise provided, every person shall have the right to actively participate in political activities on behalf of any candidate, party, or issue during the time he or she is not scheduled to be on duty, which duty time includes the "time" as defined in Section 2(a) of this act. For purposes of this section, no person is on duty during authorized personal or vacation leave. However, a college or school administrator may not, at any time:

(a) Solicit or attempt to solicit funds as prohibited by Section 2(e);

(b) Attempt to coerce other state institution of higher learning, public community or junior college or school district personnel as prohibited by Section 2(d); or

(c) Misuse or allow the misuse of state institution of higher learning, public community or junior college or school district time, equipment, supplies or personnel to produce, distribute, disseminate, circulate or communicate any material or information, or misuse or allow the misuse of his or her official position, as prohibited by Section 2(a) and (b). Nothing in this paragraph (c) shall be construed to prohibit an authorized individual from lobbying the Legislature at the Capitol or elsewhere using an official vehicle for transportation.

SECTION 4. Any complaint filed by any person stating that any college or school administrator has violated the provisions of this act shall be transferred to the Office of the Secretary of State. If, after verification of the complaint, any college or school administrator is found to be in violation of the provisions of this act, the Office of the Secretary of State shall issue the following fines against such persons:

(a) For the first offense, a One Hundred Dollar ($100.00) civil fine for each violation; and

(b) For a second or subsequent violation, a Two Hundred Fifty Dollar ($250.00) civil fine for each violation.

SECTION 5. Section 23-15-801, Mississippi Code of 1972, is brought forward as follows:

23-15-801. (a) "Election" shall mean a general, special, primary or runoff election.

(b) "Candidate" shall mean an individual who seeks nomination for election, or election, to any elective office other than a federal elective office and for purposes of this article, an individual shall be deemed to seek nomination for election, or election:

(i) If such individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23-15-299 and 23-15-977, whichever occurs first; or

(ii) If such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made such expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.

(c) "Political committee" shall mean any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations which receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or which makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures and shall, in addition, include each political party registered with the Secretary of State.

(d) "Affiliated organization" shall mean any organization which is not a political committee, but which directly or indirectly establishes, administers or financially supports a political committee.

(e) (i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;

(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;

(iii) "Contribution to a political party" includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party.

(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.

(f) (i) "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;

(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;

(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.

(g) The term "identification" shall mean:

(i) In the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and

(ii) In the case of any other person, the full name and address of such person.

(h) The term "political party" shall mean an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of such association, committee or organization.

(i) The term "person" shall mean any individual, family, firm, corporation, partnership, association or other legal entity.

(j) The term "independent expenditure" shall mean an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate or any authorized committee or agent of such candidate, and which is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of such candidate.

(k) The term "clearly identified" shall mean that:

(i) The name of the candidate involved appears; or

(ii) A photograph or drawing of the candidate appears; or

(iii) The identity of the candidate is apparent by unambiguous reference.

SECTION 6. Section 23-15-871, Mississippi Code of 1972, is brought forward as follows:

23-15-871. It shall be unlawful for any corporation or any officer or employee thereof, or any member of a firm, or trustee or any member of any association, or any other employer, to direct or coerce, directly or indirectly, any employee to vote or not to vote for any particular person or group of persons in any election, or to discharge or to threaten to discharge any such employee, or to increase or decrease the salary or wages of an employee, or otherwise promote or demote him, because of his vote or failure to vote for any particular candidate or group of candidates; and likewise it shall be unlawful for any employer, or employee having the authority to employ or discharge other employees, to make any statement public or private, or to give out or circulate any report or statement, calculated to intimidate or coerce or otherwise influence any employee as to his vote, and when any such statement has obtained circulation, it shall be the duty of such employer to publicly repudiate it, in the absence of which repudiation the employer shall be deemed by way of ratification to have made it himself. Nor shall any employee be requested, directed or permitted to canvass for or against any candidate or render any other services for or against any candidate or group of candidates, during any of the hours within which the salary of said employee as an employee is being paid or agreed to be paid; nor shall any such employee be allowed any vacation or leave of absence at the expense of the employer to render any service or services for or against any candidate or group of candidates, or to take any active part in any election campaign whatsoever; nor shall any employee at the expense, in whole or in part, of any employer take any part whatever in any election campaign, except the necessary time to cast his vote. The prohibitions of this section shall apply to all state, state district, county and county district officers, and to any board or commission and the members thereof by whatever name designated and whether elective or appointive, and to each and every one of those employed by them or any of them. And no state, state district, county or county district officer, or any employee of any of them who directly or indirectly has the control, or in any way the power of control, or who asserts or pretends that he has such power, over the expenditure of any public funds in this state, whatever the purpose or object of said expenditure may be, shall state, suggest or intimate, publicly or privately, or in any manner or form, that any such expenditure shall in any wise depend upon or be influenced by the vote of any person, group of persons, or community or group of communities, whether for or against any candidate or group of candidates at any election. This section and every part of it shall apply also to all federal officers, agents, employees, boards and commissions by whatever name known and to each and every one of those employed by them or any of them, as to any interference by them or any of them, contrary to the provisions of this chapter, in the elections of this state.

SECTION 7. Section 23-15-873, Mississippi Code of 1972, is brought forward as follows:

23-15-873. No person, whether an officer or not, shall, in order to promote his own candidacy, or that of any other person, to be a candidate for public office in this state, directly or indirectly, himself or through another person, promise to appoint, or promise to secure or assist in securing the appointment, nomination or election of another person to any public position or employment, or to secure or assist in securing any public contract or the employment of any person under any public contractor, or to secure or assist in securing the expenditure of any public funds in the personal behalf of any particular person or group of persons, except that the candidate may publicly announce what is his choice or purpose in relation to an election in which he may be called on to take part if elected. It shall be unlawful for any person to directly or indirectly solicit or receive any promise by this section prohibited. But this does not apply to a sheriff, chancery clerk, circuit clerk, or any other person, of the state or county when it comes to their office force.

SECTION 8. This act shall take effect and be in force from and after July 1, 2016.