MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) Polk, Chassaniol, Moran, Doty, Younger, Jackson (11th)
AN ACT TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO REQUIRE INDEPENDENT AND SPECIAL ELECTION CANDIDATES TO PAY QUALIFYING FEES AND TO REVISE THE QUALIFYING FEES FOR CERTAIN OFFICES; TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE DEADLINE FOR INDEPENDENT AND SPECIAL ELECTION CANDIDATES TO PAY THEIR ASSESSMENT FEES AND TO WHOM SUCH FEES MUST BE PAID; TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 23-15-309 AND 23-15-361, 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. 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 and all independent candidates and special election candidates shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for Governor * * *,
One Thousand Five Hundred Dollars ($1,500.00).
(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, * * * State Public Service Commissioner, * * *
State Senator and State Representative, Five Hundred Dollars
($500.00).
(c) Candidates for
district attorney, * * * Three Hundred
Dollars ($300.00).
(d) Candidates for * * * sheriff,
chancery clerk, circuit clerk, tax assessor, tax collector, county attorney,
county superintendent of education and board of supervisors, * * * Two
Hundred Fifty Dollars ($250.00).
(e) Candidates for
county surveyor, county coroner, justice court judge and constable, * * * One
Hundred Fifty Dollars ($150.00).
(f) Candidates for
United States Senator, * * * One Thousand
Five Hundred Dollars ($1,500.00).
(g) Candidates for
United States Representative, * * *
One Thousand Five Hundred Dollars ($1,500.00).
SECTION 2. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a)
Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 * * * shall be paid by each
candidate who seeks a nomination in the political party election to the
secretary of the state executive committee with which the candidate is
affiliated by 5:00 p.m. on March 1 of the year in which the primary election
for the office is held or on the date of the qualifying deadline provided by
statute for the office, whichever is earlier; however, no such assessments may
be paid before January 1 of the year in which the primary election for the
office is held.
(b) * * * Assessments made pursuant
to paragraphs (a), (b) and (c) of Section 23-15-297 shall be paid by each
independent candidate or special election candidate to the State Board of
Election Commissioners by 5:00 p.m. on March 1 of the year in which the primary
election for the office is held or on the date of the qualifying deadline
provided by statute for the office, whichever is earlier; however, no such
assessments may be paid before January 1 of the year in which the primary
election for the office is held.
(2) (a) Assessments
made pursuant to paragraphs (d) and (e) of Section 23-15-297, * * *
shall be paid by each candidate who seeks a nomination in the political
party election to the circuit clerk of such candidate's county of residence
by 5:00 p.m. on March 1 of the year in which the primary election for the
office is held or on the date of the qualifying deadline provided by statute
for the office, whichever is earlier; however, no such assessments may be paid
before January 1 of the year in which the election for the office is held. The
circuit clerk shall forward the fee and all necessary information to the
secretary of the proper county executive committee within two (2) business
days.
(b) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county election commission within two (2) business days.
(3) (a) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(b) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each independent candidate or special election candidate to the State Board of Election Commissioners by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each independent candidate or special election candidate to the State Board of Election Commissioners by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, if applicable, and the office for which he or she is a candidate.
(b) The state executive committee or the State Board of Election Commissioners shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot or the general election ballot.
(5) The secretary, * * * circuit clerk or the State Board of
Election Commissioners to whom such payments are made shall promptly
receipt for same stating the office for which such candidate making payment is
running and the political party with which he or she is affiliated, if
applicable, and he or she shall keep an itemized account in detail showing
the exact time and date of the receipt of each payment received by him or her
and, where applicable, the date of the postmark on the envelope containing the
fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.
(7) Upon receipt of the
proper fee and all necessary information, the proper executive committee or
the State Board of Election Commissioners, whichever is applicable, shall
then determine whether each candidate is a qualified elector of the state,
state district, county or county district which they seek to serve, and whether
each candidate meets all other qualifications to hold the office he is seeking
or presents absolute proof that he or she 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 executive
committee or the State Board of Election Commissioners, whichever is
applicable, shall determine whether the candidate has taken the steps
necessary to qualify for more than one (1) office at the election. The
committee * * * or the State Board of Election
Commissioners, whichever is applicable,
shall also 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 proper
executive committee or the State Board of Election Commissioners, whichever
is applicable, 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 or she
will meet the qualifications on or before the date of the general or special
election at which he or she 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 proper executive
committee or the State Board of Election Commissioners, whichever is
applicable, determines that the candidate has taken the steps necessary to
qualify for more than one (1) office at the election, the action required by
Section 23-15-905, shall be taken.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee or the State Board of Election Commissioners, whichever is applicable, when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 3. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of such political party. In the event such candidate qualifies as an independent as provided in this section, he shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices
described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this
section shall be filed with the State Board of Election Commissioners by no
later than 5:00 p.m. on the same date by which candidates * * *
are required to pay the fee provided for in Section 23-15-297, Mississippi Code
of 1972; however, no petition may be filed before January 1 of the year in
which the election for the office is held.
(4) Petitions for offices
described in paragraphs (f) and (g) of subsection (1) of this section shall be
filed with the proper circuit clerk by no later than 5:00 p.m. on the same date
by which candidates * * * are required to pay the
fee provided for in Section 23-15-297; however, no petition may be filed before
January 1 of the year in which the election for the office is held. The
circuit clerk shall notify the county commissioners of election of all persons
who have filed petitions with such clerk. Such notification shall occur within
two (2) business days and shall contain all necessary information.
(5) The commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of such local issue must be filed with the commissioners of election by the appropriate governing authority not less than sixty (60) days previous to the date of the election.
(6) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(7) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the State Board of Election Commissioners and signed by not less than fifty (50) qualified electors.
(8) The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office. The election commission shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The election commission 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 appropriate election commission 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 or she will meet the qualifications on or before the date of the general or special election at which he or she 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 appropriate election commission determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(9) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election, the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (8) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(10) The petition required by this section may not be filed by using the Internet.
SECTION 4. Section 23-15-309, Mississippi Code of 1972, is brought forward as follows:
23-15-309. (1) Nominations for all municipal officers which are elective shall be made at a primary election, or elections, to be held in the manner prescribed by law. All persons desiring to be candidates for the nomination in the primary elections shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least sixty (60) days prior to the first primary election, no later than 5:00 p.m. on such deadline day.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he is affiliated, and the office for which he is a candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. Such funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) Upon receipt of the above information, the proper municipal executive committee shall then determine whether each candidate is a qualified elector of the municipality, and of the ward if the office sought is a ward office, shall determine whether each candidate either 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 executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee 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 such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper municipal executive committee finds that a candidate either (a) 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 (b) 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 executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 5. Section 23-15-361, Mississippi Code of 1972, is brought forward as follows:
23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant in the primary election, and that the person whose name is presented by him was nominated by such primary election. The municipal election commissioner designated to have the ballots printed shall also have printed on the ballot in any municipal general election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary election are required to pay the fee provided for in Section 23-15-309, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each municipal office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. Provided further, however, that nothing in this section shall prohibit a person from qualifying as a nominee of a political party, or from requesting to be a candidate for the office by filing a petition, in the event of the death of a candidate for the office which makes it impossible to have an election contest. In the event such candidate qualifies as an independent as herein provided, he shall be listed on the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal commissioners of election of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal commission shall determine whether each party candidate in the municipal general election is a qualified elector of the municipality, and of the ward if the office sought is a ward office and shall determine whether each candidate either 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 municipal election commission 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 such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the municipal election commission 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 above and not pardoned, then the name of the candidate shall not be placed upon the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 6. This act shall take effect and be in force from and after July 1, 2016.