MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Municipalities; Elections

By: Senator(s) Jolly

Senate Bill 2603

AN ACT TO AMEND SECTION 21-3-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPALITIES WITH A POPULATION OF 300 OR LESS TO ELECT THREE ALDERMEN; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-3-7, Mississippi Code of 1972, is amended as follows:

     21-3-7.  (1)  (a)  In all municipalities having a population of three hundred (300) or less according to the latest available federal census, there shall be three (3) aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into two (2) wards, with one (1) alderman to be selected from each ward and one (1) from the municipality at large.  On a petition of twenty percent (20%) of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of the qualified electors of the municipality voting in a special election called for that purpose.  All aldermen shall be selected by vote of the entire electorate of the municipality.  Those municipalities which determine to select one (1) alderman from each of the two (2) wards shall select one from the candidates for alderman from each particular ward who shall be a resident of the ward by majority vote of the entire electorate of the municipality.

          (b)  The aldermen elected as of July 1, 2016 in those municipalities qualifying for three (3) aldermen under this subsection shall serve out the remainder of their terms before any change in the number of aldermen may occur.

     (2)  In all municipalities having a population of more than three hundred (300) but less than ten thousand (10,000) according to the latest available federal census, there shall be five (5) aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into four (4) wards, with one (1) alderman to be selected from each ward and one (1) from the municipality at large.  On a petition of twenty percent (20%) of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of * * *such the qualified electors of * * *such the municipality voting in a special election called for that purpose.  All aldermen shall be selected by vote of the entire electorate of the municipality.  Those municipalities which determine to select one (1) alderman from each of the four (4) wards shall select one from the candidates for alderman from each particular ward who shall be a resident of said ward by majority vote of the entire electorate of the municipality.

     (3)  In all municipalities having a population of ten thousand (10,000) or more, according to the latest available federal census, there shall be seven (7) aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into six (6) wards, with one (1) alderman to be selected from each ward and one (1) from the municipality at large.  On a petition of twenty percent (20%) of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of * * *such the qualified electors of * * *such the municipality voting in a special election called for that purpose.  This section in no way affects the number of aldermen, councilmen, or commissioners of any city operating under a special charter.  All aldermen shall be selected by vote of the entire electorate of the municipality.  Those municipalities which determine to select one alderman from each of the six (6) wards shall select one (1) of the candidates for alderman from each particular ward by majority vote of the entire electorate of the municipality.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.