MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections
By: Representatives McNeal, Hughes
AN ACT TO AUTHORIZE ANY COUNTY OR MUNICIPALITY TO HOLD AN ELECTION ON THE QUESTION OF PERMITTING NONPARTISAN PREFERENTIAL ELECTIONS OR RETAINING PARTISAN PRIMARY ELECTIONS; TO PROVIDE THE METHOD FOR CONDUCTING THE NONPARTISAN PREFERENTIAL ELECTION IF VOTED BY THE COUNTY OR MUNICIPALITY; TO PROVIDE THAT COUNTY AND MUNICIPAL OFFICES SHALL BE NONPARTISAN; TO PROVIDE DEFINITIONS FOR SUCH ACT; TO PROVIDE WHEN A CANDIDATE SHALL FILE THEIR INTENT AND THE AMOUNT OF FEES APPLICABLE FOR SUCH OFFICE; TO PROVIDE HOW THE NAMES OF THE CANDIDATES SHALL BE GROUPED ON A BALLOT; TO PROVIDE THE PROCEDURE WHEN TWO OR MORE CANDIDATES QUALIFY FOR COUNTY OR MUNICIPAL OFFICE; TO PROVIDE THAT THE OFFICE OF ELECTION COMMISSIONER SHALL BE A NONPARTISAN OFFICE; TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO REMOVE COUNTY OFFICES FROM FEE REQUIREMENTS FOR PARTY NOMINATION; TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 21-7-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION OF LAW THAT PROVIDES FOR THE PARTY NOMINATION OF A MAYOR; TO PROVIDE FOR CERTAIN AMENDMENT TO THE ELECTION LAWS FOR COUNTY AND MUNICIPAL ELECTIONS IF THE QUESTION ON CONDUCTING NONPARTISAN PREFERENTIAL ELECTIONS PASSES; TO AMEND SECTIONS 23-15-291, 23-15-153, 23-15-367, 23-15-411, 23-15-713, 23-15-213, 21-8-7, 21-15-1, 23-15-21, 23-15-31, 23-15-173, 23-15-313, 23-15-465, 23-15-507, 23-15-559, 23-15-885, 23-15-409, 23-15-511, 23-15-673 AND 23-15-911, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO REPEAL SECTION 23-15-171, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR MUNICIPAL PRIMARY ELECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. A county or municipality may, at an election held for the purpose under the election laws applicable to such county or municipality, to either permit a county or municipality to conduct nonpartisan preferential elections for local county or municipal elections or require that a county or municipality continue to conduct partisan primary elections and not conduct nonpartisan preferential elections for local county or municipal elections. An election to determine whether such nonpartisan preferential elections shall be permitted in counties and municipalities wherein county and municipal offices are elected at partisan primary elections shall be ordered by the county boards of supervisors or the municipal governing authorities upon the presentation of a petition to such boards of supervisors or governing authorities containing the names of at least ten percent (10%) of the duly qualified voters of such county or municipality asking for the election. In like manner, an election to determine whether such county or municipality shall be required to conduct partisan primary elections and not conduct nonpartisan preferential elections for local county or municipal elections shall be ordered by the county boards of supervisors or municipal governing authorities upon the presentation of a petition to such boards of supervisors or governing authorities containing the names of at least ten percent (10%) of the duly qualified voters of such county or municipality asking for the election. No election on either question shall be held by any one (1) county or municipality more often than once in two (2) years.
Thirty (30) days' notice shall be given to the qualified electors of such county or municipality, in the manner prescribed by law, upon the question of either permitting nonpartisan preferential elections or requiring retention of partisan primary elections, and the notice shall contain a statement of the question to be voted on at the election. The ballots to be used in the election shall have the following words printed thereon: "For conducting nonpartisan preferential elections for county and municipal elected offices" and the words "Against conducting nonpartisan preferential elections for county and municipal elected offices" next below. In marking his or her ballot the voter shall make a cross (X) opposite the words of his or her choice.
If in the election a majority of the qualified electors in the county or municipality voting in the election shall vote "for conducting nonpartisan preferential elections," then the county board of supervisors or municipal governing authorities shall pass the necessary order permitting nonpartisan preferential elections for the county or municipal elected offices. If in the election a majority of the qualified electors in the county or municipality voting in the election shall vote "against conducting nonpartisan preferential elections," then the county board of supervisors or municipal governing authorities shall pass the necessary order requiring retention of partisan primary elections for the county or municipal elected offices.
SECTION 2. (1) Upon a majority vote of the qualified electors of a county, a county office shall be a nonpartisan office and a candidate for election to a county office is prohibited from campaigning or qualifying for such an office based on party affiliation. No committee, political party, or political committee affiliated with a political party shall engage in fund-raising, make any contribution, or endorse any candidate or officeholder of a nonpartisan county office, or the political committee of a candidate or officeholder of a nonpartisan county office. No candidate, candidate's political committee, or officeholder of a nonpartisan county office shall accept a contribution from any committee, political party, or political committee affiliated with a political party.
(2) Except as otherwise provided by this act, the general laws for election in this state shall apply to and govern the election for county offices.
SECTION 3. (1) For purposes of this act, the following words shall have the meanings provided herein, unless the context clearly indicates otherwise:
(a) "Preferential county election" means an election held for the purpose of determining those candidates for county offices whose names will be placed on the general or regular election ballot. Any person who meets the qualifications as a candidate for a county office may be a candidate in the preferential county election without regard to party affiliation or lack of party affiliation.
(b) "General election" or "regular election" means an election held as provided by law in Chapter 15, Title 23, Mississippi Code of 1972, for the purpose of determining which candidate shall be elected to office.
(2) All qualified electors of the State of Mississippi, without regard to party affiliation or lack of party affiliation, shall be qualified to vote for candidates for nomination for county office.
SECTION 4. (1) All candidates for county office shall file their intent to be a candidate with the proper officials no later than 5:00 p.m. sixty (60) days before any general or regular election and pay the proper officials the following amounts:
(a) Candidates for district attorney, not to exceed Two Hundred Fifty Dollars ($250.00);
(b) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, the sum of One Hundred Dollars ($100.00); and
(c) Candidates for county surveyor, county coroner, justice court judge and constable, the sum of One Hundred Dollars ($100.00).
(2) No person shall be denied a place upon the ballot for any office for which he or she desires to be a candidate because of an inability to pay the assessment set out above.
(3) Candidates for county office shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to the circuit clerk of the county. The circuit clerk shall notify the county election commissioners of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, the clerk, within two (2) business days.
SECTION 5. (1) The names of candidates for county office which appear on the ballot at the general election shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan county elections.
(2) The names of all candidates for county office shall be listed in alphabetical order on any ballot and no reference to political party affiliation shall appear on any ballot with respect to any nonpartisan county office or candidate.
(3) The name of an unopposed candidate for county office shall be placed on the general election ballot.
SECTION 6. If two (2) or more candidates qualify for county office, the names of those candidates shall be placed on the general election ballot. If any candidate for such an office receives a majority of the votes cast for the office in the general election, he or she shall be declared elected. If no candidate for the office receives a majority of the votes cast for the office in the general election, the names of the two (2) candidates receiving the highest number of votes for the office shall be placed on the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other runoff elections.
SECTION 7. (1) Upon a majority vote of the qualified electors of a municipality, a municipal office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation. In order to ensure that campaigns for nonpartisan municipal offices remain nonpartisan and without any connection to a political party, political parties and any committee or political committee affiliated with a political party shall not engage in fundraising on behalf of a candidate or officeholder of a nonpartisan municipal office, and a political party or any committee or political committee affiliated with a political party shall not make any contribution to a candidate for nonpartisan municipal office or the political committee of a candidate for nonpartisan county office, and a political party or any committee or political committee affiliated with a political party publicly shall not endorse any candidate for nonpartisan municipal office. No candidate or candidate's political committee for nonpartisan municipal office shall accept a contribution from a political party or any committee or political committee affiliated with a political party.
(2) Except as otherwise provided by this act, the general laws for election shall apply to and govern the election for municipal offices.
SECTION 8. (1) For purposes of this act, the following words shall have the meaning provided herein unless the context shall otherwise require:
(a) "Preferential municipal election" means an election held for the purpose of determining those candidates for municipal offices whose names will be placed on the general or regular election ballot. Any person who meets the qualifications as a candidate for a municipal office may be a candidate in the preferential municipal election without regard to party affiliation or lack of party affiliation.
(b) "General election" or "regular election" means an election held as provided by law in Chapter 15, Title 23, Mississippi Code of 1972, for the purpose of determining which candidate shall be elected to office.
(2) All qualified electors of the State of Mississippi, without regard to party affiliation or lack of party affiliation, shall be qualified to vote for candidates for municipal office.
SECTION 9. (1) The names of candidates for municipal office which appear on the ballot at the general election shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan municipal elections.
(2) The names of all candidates for a municipal office shall be listed in alphabetical order on the ballot and no reference to political party affiliation shall appear on the ballot with respect to a nonpartisan municipal office or candidate.
(3) The name of an unopposed candidate for municipal office shall be placed on the general election ballot.
SECTION 10. If two (2) or more candidates qualify for municipal office, the names of those candidates shall be placed on the general election ballot. If any candidate for such an office receives a majority of the votes cast for such office in the general election, he or she shall be declared elected. If no candidate for the office receives a majority of the votes cast for the office in the general election, the names of the two (2) candidates receiving the highest number of votes for the office shall be placed on the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
SECTION 11. Upon a majority vote of the qualified electors in a county or municipality at an election for the purpose under the election laws applicable to such county or municipality, to either permit a county or municipality to conduct nonpartisan preferential elections for local county or municipal elections or require that a county or municipality continue to conduct partisan primary elections and not conduct nonpartisan preferential elections for local county or municipal elections, Sections 23-15-291, 23-15-153, 23-15-367, 23-15-411, 23-15-713, 23-15-213, 21-8-7, 21-15-1, 23-15-21, 23-15-31, 23-15-173, 23-15-313, 23-15-465, 23-15-507, 23-15-559, 23-15-885, 23-15-409, 23-15-511, 23-15-673 and 23-15-911, shall be amended as provided in this act and Section 23-15-171 shall be repealed as provided in this act to conform to the results of the majority vote of the qualified electors in a county or municipality to conduct nonpartisan preferential elections.
During the first legislative session that convenes after a majority of the qualified electors of a county or municipality vote to conduct nonpartisan preferential elections for the county or municipal elected offices, the Legislature shall conform the necessary sections of law.
SECTION 12. 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 Dollars ($1,000.00).
(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 and State Public Service Commissioner, Five Hundred Dollars ($500.00).
(c) Candidates for * * * State Senator and State
Representative, Two Hundred Fifty Dollars ($250.00).
* * *
( * * *d) Candidates for United States
Senator, One Thousand Dollars ($1,000.00).
( * * *e) Candidates for United States
Representative, Five Hundred Dollars ($500.00).
SECTION 13. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a)
Assessments made pursuant to paragraphs (a) * * * and (b) * * * 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) * * * and (b) * * * of Section 23-15-297 shall be paid by
each independent candidate or special election candidate to the Secretary of
State 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 paragraph * * *
(c) 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 paragraph * * *
(c) 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 ( * * *fd) and ( * * *e) 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 ( * * *d)
and ( * * *e)
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 ( * * *fd) and ( * * *e) of Section 23-15-297 must be paid by
each independent candidate or special election candidate to the Secretary of
State 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 ( * * *d) and ( * * *e) 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 Secretary of State
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 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 * * *
the 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 of State
or the secretary or circuit clerk to whom such payments are made shall promptly
receipt for same stating the office for which * * * the 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 * * * the funds to be finally disposed of
by order of their respective executive committees. * * * The 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 committee * * * members, and of their secretary and
may pay the secretary such salary as may be reasonable. The Secretary of State
shall deposit any qualifying fees received from candidates into the Elections
Support Fund established in Section 23-15-5.
(7) Upon receipt of the
proper fee and all necessary information, the proper executive committee or the
Secretary of State, 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 or she 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 proper executive committee or the Secretary of
State, 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 Secretary of State, 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 or her
office or money coming into his or her hands by virtue of * * * the office. If the proper executive
committee or the Secretary of State, 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 or she 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 * * *
on the ballot. If the proper executive committee or the Secretary of
State, 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 Secretary of State, 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 14. Section 21-7-7, Mississippi Code of 1972, is amended as follows:
21-7-7. The governing body
of any such municipality shall be a council, known and designated as such,
consisting of seven (7) members. One (1) of the members shall be the mayor,
having the qualifications as prescribed by Section 21-3-9, who shall have full
rights, powers and privileges of other councilmen. The mayor shall be * * * elected at large; the remaining
councilmen shall be * * * elected one (1) from each ward into which the city shall be
divided. However, if the city be divided into less than six (6) wards, the
remaining councilmen shall be * * * elected at large. The
councilmen, including the mayor, shall be elected for a term of four (4) years
to serve until their successors are elected and qualified in accordance with
the provisions of Section 21-11-7, * * * the term commencing on the first
Monday of January after the municipal election first following the adoption of
the form of government as provided by this chapter.
The compensation for the
members of the council shall, for the first four (4) years of operation, under
this chapter, be fixed by the * * * mayor and board of aldermen holding
office * * *
before the change in form of government. Thereafter the amount of
compensation for each * * *
member may be increased or decreased by the council, by council action taken * * * before the election of members
thereof for the ensuing term, such action to become effective with the ensuing
terms.
SECTION 15. Section 23-15-291, Mississippi Code of 1972, is amended as follows:
23-15-291. All nominations
for state and district * * * officers made by the different parties of
this state shall be made by primary elections. All primary elections shall be
governed and regulated by the election laws of the state in force at the time
the primary election is held.
SECTION 16. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the
following times, the election commissioners * * * shall meet at the office of the
registrar and carefully revise the registration books and the pollbooks of the
several voting precincts, and shall erase from those books the names of all
persons erroneously on the books, or who have died, removed or become
disqualified as electors from any cause; and shall register the names of all
persons who have duly applied to be registered and have been illegally denied
registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for congressmen in the years when congressmen are elected;
(c) On the first
Monday in the month immediately preceding the first primary election for state * * * and state district legislative * * * offices in the
years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
(e) On the first Monday in the month immediately preceding the first preferential election for county or municipal office in the years in which those offices are elected.
Except for the names of those persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.
(2) Except as provided in
this section, and subject to the following annual limitations, the election
commissioners * * * shall be entitled to receive a per diem in the amount of
Eighty-four Dollars ($84.00), to be paid from the county general fund, for
every day or period of no less than five (5) hours accumulated over two (2) or
more days actually employed in the performance of their duties in the conduct
of an election or actually employed in the performance of their duties for the
necessary time spent in the revision of the registration books and pollbooks as
required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the
number of days authorized in subsection (2) of this section, the board of
supervisors of a county may authorize, in its discretion, the election commissioners * * * to receive a per diem in the amount
provided for in subsection (2) of this section, to be paid from the county
general fund, for every day or period of no less than five (5) hours
accumulated over two (2) or more days actually employed in the performance of
their duties in the conduct of an election or actually employed in the
performance of their duties for the necessary time spent in the revision of the
registration books and pollbooks as required in subsection (1) of this section,
for not to exceed five (5) days.
(4) (a) The election commissioners * * * shall be entitled to receive a per
diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county
general fund, not to exceed ten (10) days for every day or period of no less
than five (5) hours accumulated over two (2) or more days actually employed in
the performance of their duties for the necessary time spent in the revision of
the registration books and pollbooks * * * before any special election.
For purposes of this paragraph, the
regular special election day shall not be considered a special election. The
annual limitations set forth in subsection (2) of this section shall not apply
to this paragraph.
(b) The election commissioners * * * shall be entitled to receive a per
diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the
county general fund, for the performance of their duties on the day of any
general or special election. The annual limitations set forth in subsection
(2) of this section shall apply to this paragraph.
(5) The election
commissioners * * * shall be entitled to receive a per diem in the amount of
Eighty-four Dollars ($84.00), to be paid from the county general fund, not to
exceed fourteen (14) days for every day or period of no less than five (5)
hours accumulated over two (2) or more days actually employed in the
performance of their duties for the necessary time spent in the revision of the
registration books, pollbooks and in the conduct of a runoff election following
either a general or special election.
(6) The election
commissioners * * * shall be entitled to receive only one (1) per diem payment
for those days when the election commissioners * * * discharge more than one (1) duty or
responsibility on the same day.
(7) The county registrar
shall prepare the pollbooks and the county election commissioners * * * shall prepare the registration
books of each municipality located within the county pursuant to an agreement
between the county and each municipality in the county. The county election
commissioners * * * and the county registrar shall be paid by each municipality
for the actual cost of preparing registration books and pollbooks for the
municipality and shall pay each county election commissioner * * * a per diem in the amount provided
for in subsection (2) of this section for each day or period of not less than
five (5) hours accumulated over two (2) or more days the commissioners are
actually employed in preparing the registration books for the municipality, not
to exceed five (5) days. The county election commissioners * * * and county registrar shall provide
copies of the registration books and pollbooks to the municipal clerk of each
municipality in the county. The municipality shall pay the county registrar
for preparing and printing the pollbooks. A municipality may secure "read
only" access to the Statewide * * * Elections Management
System and print its own pollbooks using this information; however, county election
commissioners * * * shall remain responsible for preparing registration books
for municipalities and shall be paid for this duty in accordance with this
subsection.
(8) County election
commissioners * * * who perform the duties of an executive committee with
regard to the conduct of a primary election under a written agreement
authorized by law to be entered into with an executive committee shall receive
per diem as provided for in subsection (2) of this section. The days that
county election commissioners * * * are employed in the conduct of a
primary election shall be treated the same as days county election commissioners * * * are employed in the conduct of
other elections.
(9) In addition to any per
diem authorized by this section, any election commissioner * * * shall be entitled to the mileage
reimbursement rate allowable to federal employees for the use of a privately
owned vehicle while on official travel on election day.
(10) Every election
commissioner * * * shall sign personally a certification setting forth the
number of hours actually worked in the performance of the commissioner's
official duties and for which the commissioner seeks compensation. The
certification must be on a form as prescribed in this subsection. The
commissioner's signature is, as a matter of law, made under the commissioner's
oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X 84.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X 150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am
signing this document under my oath as * * * an election commissioner * * * and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chairman of the commission, any member of the board of supervisors or the clerk of the board of supervisors of such contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The election commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election
commissioner * * * who has not received a certificate issued by the Secretary
of State pursuant to Section 23-15-211 indicating that the election
commissioner * * * has received the required elections seminar instruction and
that the election commissioner * * * is fully qualified to conduct an
election, shall not receive any compensation authorized by this section,
Section 23-15-491 or Section 23-15-239.
SECTION 17. Section 23-15-367, Mississippi Code of 1972, is amended as follows:
23-15-367. (1) Except as otherwise provided by Sections 23-15-974 through 23-15-985, House Bill No. 244, 2017 Regular Session, and subsection (2) of this section, the arrangement of the names of the candidates, and the order in which the titles of the various offices shall be printed, and the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot; but the arrangement need not be uniform.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the officer charged with printing the official ballot.
(3) It is the duty of the
Secretary of State, with the approval of the Governor, to furnish the
designated commissioner of each county a sample of the official ballot, not
less than fifty-five (55) days * * * before the election, the
general form of which shall be followed as nearly as practicable.
SECTION 18. Section 23-15-411, Mississippi Code of 1972, is amended as follows:
23-15-411. The officer who
furnishes the official ballots for any polling place where a voting machine is
to be used, shall also provide two (2) sample ballots or instruction ballots,
which sample or instruction ballots shall be arranged in the form of a diagram
showing * * *
the portion of the front of the voting machine as it will appear after
the official ballots are arranged thereon or therein for voting on election
day. Such sample ballots shall be open to the inspection of all voters on
election day, in all * * * elections where voting machines are used.
SECTION 19. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose
of this subarticle, any duly qualified elector may vote as provided in this
subarticle if he * * *
or she falls within the following categories:
(a) Any qualified
elector who is a bona fide student, teacher or administrator at any college,
university, junior college, high, junior high, or elementary grade school whose
studies or employment at such institution necessitates his or her
absence from the county of his or her voting residence on the date of
any * * * election, or the spouse and dependents of the
student, teacher or administrator if the spouse or dependent(s) maintain
a common domicile, outside of the county of his or her voting residence,
with the student, teacher or administrator.
(b) Any qualified
elector who is required to be away from his or her place of residence on
any election day due to his or her employment as an employee of a member
of the Mississippi congressional delegation and the spouse and dependents of the
person if he or she * * * resides with * * * the absentee voter away from the
county of the spouse's voting residence.
(c) Any qualified elector who is away from his or her county of residence on election day for any reason.
(d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others.
(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day during the times at which the polls will be open.
SECTION 20. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
23-15-213. At the general
election in 1984 and every four (4) years thereafter there shall be elected
five (5) * * * election commissioners for each county whose terms of
office shall commence on the first Monday of January following their election
and who shall serve for a term of four (4) years. Each of the commissioners,
before acting, shall take and subscribe the oath of office prescribed by the
Constitution and file the oath in the office of the clerk of the chancery
court, there to remain. While engaged in their duties, the commissioners shall
be conservators of the peace in the county, with all the duties and powers of
such.
The qualified electors of
each supervisors district shall elect, at the general election in 1984 and
every four (4) years thereafter, in their district one (1) * * *
election commissioner.
No more than one (1) commissioner shall be a resident of and reside in each
supervisors district of the county; it being the purpose of this section that
the county board of election commissioners shall consist of one (1) person from
each supervisors district of the county and that each commissioner be elected from
the supervisors district in which he or she resides.
Candidates for county
election commissioner shall qualify by filing with the clerk of the board of
supervisors of their respective counties a petition personally signed by not
less than fifty (50) qualified electors of the supervisors district in which
they reside, requesting that they be a candidate, by 5:00 p.m. not later than
the first Monday in June of the year in which the election occurs and unless
the petition is filed within the required time, their names shall not be placed
upon the ballot. All candidates shall declare in writing their party
affiliation, if any, to the board of supervisors, and such party affiliation
shall be shown on the * * *
ballot. The ballots for the nonpartisan office of county election
commissioner shall be prepared as provided for nonpartisan county and municipal
preferential elections.
The petition shall have
attached thereto a certificate of the registrar showing the number of qualified
electors on each petition, which shall be furnished by the registrar on
request. The board shall determine the sufficiency of the petition, and if the
petition contains the required number of signatures and is filed within the
time required, the president of the board shall verify that the candidate is a
resident of the supervisors district in which he or she seeks election
and that the candidate is otherwise qualified as provided by law, and shall
certify that the candidate is qualified to the * * * chair or secretary of the
county election commission and the names of the candidates shall be placed upon
the ballot for the ensuing election. No county election commissioner shall
serve or be considered as elected * * * until he or she has received
a majority of the votes cast for the position or post for which he or she
is a candidate. If a majority vote is not received in the first election, then
the two (2) candidates receiving the most votes for each position or post shall
be placed upon the ballot for a second election to be held three (3) weeks
later in accordance with appropriate procedures followed in other elections
involving runoff candidates.
Upon taking office, the
county board of election commissioners shall organize by electing a * * * chair and a secretary.
It shall be the duty of the * * * chair to have the official
ballot printed and distributed at each general or special election.
SECTION 21. Section 21-8-7, Mississippi Code of 1972, is amended as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise
provided in subsection (4) of this section, the mayor and council members shall
be elected by the voters of the municipality at a regular municipal election
held on the first Tuesday after the first Monday in June as provided in * * * House Bill No.
244, 2017 Regular Session, and shall serve for a term of four (4) years
beginning on the first day of July next following the election that is not on a
weekend.
(3) The terms of the initial mayor and council members shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form.
(4) (a) The council shall
consist of five (5), seven (7) or nine (9) members. In the event there are
five (5) council members, the municipality shall be divided into either five
(5) or four (4) wards. In the event there are seven (7) council members, the
municipality shall be divided into either seven (7), six (6) or five (5)
wards. In the event there are nine (9) council members, the municipality shall
be divided into seven (7) or nine (9) wards. If the municipality is divided
into fewer wards than it has council members, the other council member or
members shall be elected from the municipality at large. The total number of
council members and the number of council members elected from wards shall be
established by the petition or petitions presented pursuant to Section 21-8-3.
One (1) council member shall be elected from each ward by the voters of that
ward. Council members elected to represent wards must be residents of their
wards at the time of qualification for election, and any council member who
removes the member's residence from the municipality or from the ward from
which elected shall vacate that office. However, any candidate for council
member who is properly qualified as a candidate under applicable law shall be
deemed to be qualified as a candidate in whatever ward the member resides if
the ward has changed after the council has redistricted the municipality as
provided in paragraph (c)(ii) of this subsection (4), and if the wards have
been so changed, any person may qualify as a candidate for council member,
using the person's existing residence or by changing the person's residence,
not less than fifteen (15) days before the * * * preferential
municipal election or special elections, as the case may be,
notwithstanding any other residency or qualification requirements to the
contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be
the mandatory duty of the council to redistrict the municipality by ordinance,
which ordinance may not be vetoed by the mayor, within six (6) months after the
official publication by the United States of the population of the municipality
as enumerated in each decennial census, and within six (6) months after the
effective date of any expansion of municipal boundaries; however, if the
publication of the most recent decennial census or effective date of an
expansion of the municipal boundaries occurs six (6) months or more * * * before the
preferential municipal election a general municipal election, then the
council shall redistrict the municipality by ordinance not less than sixty (60)
days * * * before such preferential municipal election.
(ii) If the
publication of the most recent decennial census occurs less than six (6) months * * * before the
preferential municipal election of a general municipal election, the
election shall be held with regard to the existing defined wards; reapportioned
wards based on the census shall not serve as the basis for representation until
the next regularly scheduled election in which council members shall be
elected.
(d) If annexation of
additional territory into the municipal corporate limits of the municipality
occurs less than six (6) months * * * before the
preferential municipal election of a general municipal election, the
council shall, by ordinance adopted within three (3) days of the effective date
of the annexation, assign the annexed territory to an adjacent ward or wards so
as to maintain as nearly as possible substantial equality of population between
wards; any subsequent redistricting of the municipality by ordinance, as
required by this chapter, shall not serve as the basis for
representation until the next regularly scheduled election for municipal
council members.
(5) Vacancies occurring in the council shall be filled as provided in Section 23-15-857.
(6) The mayor shall maintain an office at the city hall. The council members shall not maintain individual offices at the city hall; however, in a municipality having a population of one hundred thousand (100,000) and above according to the latest federal decennial census, council members may have individual offices in the city hall. Clerical work of council members in the performance of the duties of their office shall be performed by municipal employees or at municipal expense, and council members shall be reimbursed for the reasonable expenses incurred in the performance of the duties of their office.
SECTION 22. Section 21-15-1, Mississippi Code of 1972, is amended as follows:
21-15-1. All officers
elected at the general municipal election provided for in House Bill No.
244, 2017 Regular Session, shall qualify and enter upon the discharge of
their duties on the first day of July after * * * the general election that is not on
a weekend, and shall hold their offices for a term of four (4) years and until
their successors are duly elected and qualified.
SECTION 23. Section 23-15-21, Mississippi Code of 1972, is amended as follows:
23-15-21. It shall be unlawful for any person who is not a citizen of the United States or the State of Mississippi to register or to vote in any * * * election in the state.
SECTION 24. Section 23-15-31, Mississippi Code of 1972, is amended as follows:
23-15-31. All of the
provisions of this subarticle shall be applicable, insofar as possible, to any
elections; and wherever therein any duty is imposed or any power or authority
is conferred upon the county registrar, county election commissioners or county
executive committee with reference to a state and county election, * * * the duty shall likewise be imposed
and * * * the
power and authority shall likewise be conferred upon the municipal registrar,
municipal election commission or municipal executive committee with reference
to any municipal election.
SECTION 25. Section 23-15-173, Mississippi Code of 1972, is amended as follows:
23-15-173. (1) A general municipal election shall be held in each city, town or village on the first Tuesday after the first Monday of June 1985, and every four (4) years thereafter, for the election of all municipal officers elected by the people.
(2) Except as otherwise provided by House Bill No. 244, 2017 Regular Session, all municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections.
SECTION 26. Section 23-15-313, Mississippi Code of 1972, is amended as follows:
23-15-313. (1) If there be
any political party, or parties, in any municipality which shall not have a
party executive committee for such municipality, * * * the political party, or parties,
shall within thirty (30) days of the date for which a candidate for a municipal
office is required to qualify in that municipality select qualified electors of
that municipality and of that party's political faith to serve on a temporary
municipal executive committee until members of a municipal executive committee
are elected at the next * * *regular election for executive committees. The temporary
municipal executive committee shall be selected in the following manner: The * * * chair of the county executive
committee of the party desiring to select a temporary municipal executive
committee shall call, upon petition of five (5) or more members of that
political faith, a mass meeting of the qualified electors of their political
faith who reside in * * *
the municipality to meet at some convenient place within * * * the municipality, at a time to be
designated in the call, and at such mass convention the members of that
political faith shall select a temporary municipal executive committee which
shall serve until members of a municipal executive committee are elected at the
next * * *
election for executive committees. The public shall be given notice of such
mass meeting as provided in Section 23-15-315. The * * * chair of the county executive
committee shall authorize the call within five (5) calendar days of receipt of
the petition. If the * * *
chair of the county executive committee is either incapacitated,
unavailable or nonresponsive and does not authorize the mass call within five
(5) calendar days of receipt of the petition, any elected officer of the county
executive committee may authorize the call within five (5) calendar days. If
no elected officer of the county executive committee acts to approve such
petition after an additional five (5) calendar days from the date, the chair of
the county executive committee not taking action as provided by this section, the
petitioners shall be authorized to produce the call themselves.
(2) If no municipal executive committee is selected or otherwise formed before an election, the county executive committee may serve as the temporary municipal executive committee and exercise all of the duties of the municipal executive committee for the municipal election. After a county executive committee has fulfilled its duties as the temporary municipal executive committee, as soon as practicable thereafter, the county executive committee shall select a municipal executive committee no later than before the next municipal election.
(3) A person who has been convicted of a felony in a court of this state or any other state or a court of the United States, shall be barred from serving as a member of a municipal executive committee.
SECTION 27. Section 23-15-465, Mississippi Code of 1972, is amended as follows:
23-15-465. No electronic voting system, consisting of a marking or voting device in combination with automatic tabulating equipment, shall be acquired or used in accordance with Sections 23-15-461 through 23-15-485 unless it shall:
(a) Provide for voting in secrecy when used with voting booths;
(b) Permit each voter
to vote at any election for all persons and offices for whom and for which he or
she is lawfully entitled to vote; to vote for as many persons for an office
as he or she is entitled to vote for; to vote for or against any
question upon which he or she is entitled to vote; and the automatic
tabulating equipment shall reject choices recorded on * * * the ballot card or paper ballot if
the number of choices exceeds the number which he or she is entitled to
vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark or punch to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of his or her choice when permitted by law;
(d) Permit each voter, at other than primary elections, to vote for the candidates of one or more parties and for independent candidates;
(e) Permit each voter to vote for candidates only in the primary in which he or she is qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot or ballot labels;
(g) Prevent the voter from voting for the same person more than once for the same office;
(h) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots;
(i) Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted;
(j) When properly operated, record correctly and count accurately every vote cast;
(k) Be provided with a mechanical model for instructing voters, and be so constructed that a voter may readily learn the method of operating it;
(l) Be safely transportable, and include a light to enable voters to read the ballot labels and instructions.
SECTION 28. Section 23-15-507, Mississippi Code of 1972, is amended as follows:
23-15-507. No optical mark reading system shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit each voter to vote at any election for all persons and no others for whom and for which they are lawfully entitled to vote; to vote for as many persons for an office as they are entitled to vote for; to vote for or against any questions upon which they are entitled to vote;
(b) The OMR tabulating equipment shall be capable of rejecting choices recorded on the ballot if the number of choices exceeds the number which the voter is entitled to vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;
(d) Permit each voter, at other than primary elections, to vote for the candidates of one or more parties and for independent candidates;
(e) Permit each voter to vote for candidates only in the primary in which they are qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot;
(g) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;
(h) Be provided with means for sealing the ballots after the close of the polls and the last voter has voted;
(i) When properly operated, record correctly and count accurately all votes cast; and
(j) Provide the voter with a set of instructions that will be so displayed that a voter may readily learn the method of voting.
SECTION 29. Section 23-15-559, Mississippi Code of 1972, is amended as follows:
23-15-559. The provisions
of House Bill No. 244, 2017 Regular Session and Section 23-15-173
fixing the time for the holding of municipal elections shall not apply
to any municipality operating under a special or private charter where the
governing board or authority thereof, on or before June 25, 1952, shall have
adopted and spread upon its minutes a resolution or ordinance declining to
accept such provisions, in which event the primary and general elections shall
be held at the time fixed by the charter of * * * the municipality.
The provisions of Section 23-15-859 shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflicts between the provisions of such section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.
SECTION 30. Section 23-15-885, Mississippi Code of 1972, is amended as follows:
23-15-885. The restrictions imposed in Sections 23-15-881 and 23-15-883 shall likewise apply to the mayor and board of aldermen, or other governing authority, of each municipality, in the employment of labor for working and maintaining the streets of the municipality during the four-month period next preceding the date of holding the preferential election in such municipality for the election of municipal officers.
SECTION 31. Section 23-15-409, Mississippi Code of 1972, is amended as follows:
23-15-409. All ballots for
use in voting machines shall be furnished by the same officer whose duty it is
to furnish regular ballots and shall be printed on paper or clear white
material, of * * *
the form and size as will fill the ballot frames of the machines, in
plain color type as large as the space will reasonably permit. The names of the
candidates for each office shall be arranged on each voting machine, either in
columns or horizontal rows; the caption of the various ballots on * * * the machines shall be so placed on
said machines as to indicate to the voter what key lever or other device is to
be used or operated in order to vote for the candidate or candidates of his or
her choice. The order of the arrangement of parties and of candidates
shall be as now required by law.
SECTION 32. Section 23-15-511, Mississippi Code of 1972, is amended as follows:
23-15-511. The ballots
shall, as far as practicable, * * * be in the same order of arrangement as
provided for paper ballots that are to be counted manually, except that such
information may be printed in vertical or horizontal rows. Nothing in this
chapter shall be construed as prohibiting the information being presented to
the voters from being printed on both sides of a single ballot. In those years
when a special election shall occur on the same day as the general election,
the names of candidates in any special election and the general election shall
be placed on the same ballot by the election commissioners * * * or officials in charge of the
election, but the general election candidates shall be clearly distinguished
from the special election candidates. At any time a special election is held
on the same day as a party primary election, the names of the candidates in the
special election may be placed on the same ballot, but shall be clearly
distinguished as special election candidates or primary election candidates.
Ballots shall be printed in
plain clear type in black ink and upon clear white materials of such size and
arrangement as to be compatible with the OMR tabulating equipment. Absentee
ballots shall be prepared and printed in the same form and shall be on the same
size and texture as the regular official ballots, except that they shall be
printed on tinted paper; or the ink used to print the ballots shall be of a
color different from that of the ink used to print the regular official
ballots. Arrows may be printed on the ballot to indicate the place to mark the
ballot, which may be to the right or left of the names of candidates and
propositions. The titles of offices may be arranged in vertical columns on the
ballot and shall be printed above or at the side of the names of candidates so
as to indicate clearly the candidates for each office and the number to be
elected. In case there are more candidates for an office * * * than can be printed in one (1)
column, the ballot shall be clearly marked that the list of candidates is
continued on the following column. The names of candidates for each office
shall be printed in vertical columns, grouped by the offices which they seek.
In partisan elections, the party designation of each candidate, which may be
abbreviated, shall be printed following his name.
Two (2) sample ballots, which shall be facsimile ballots of the official ballot and instructions to the voters, shall be provided for each precinct and shall be posted in each polling place on election day.
A separate ballot security envelope or suitable equivalent in which the voter can place his or her ballot after voting, shall be provided to conceal the choices the voter has made. Absentee voters will receive a similar ballot security envelope provided by the county in which the absentee voter will insert their voted ballot, which then can be inserted into a return envelope to be mailed back to the election official. Absentee ballots will not be required to be folded when a ballot security envelope is provided.
SECTION 33. Section 23-15-673, Mississippi Code of 1972, is amended as follows:
23-15-673. (1) For the purposes of this subarticle, the term "absent voter" shall mean and include the following persons if they are absent from their county of residence and are otherwise qualified to vote in Mississippi:
(a) Any enlisted or commissioned members, male or female, of the United States Army, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Navy, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Air Force, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Marines, or any of its respective components or various divisions thereof; or any persons in any division of the armed services of the United States, who are citizens of Mississippi;
(b) Any member of the Merchant Marine and the American Red Cross who is a citizen of Mississippi;
(c) Any disabled war veteran who is a patient in any hospital and who is a citizen of Mississippi;
(d) Any civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and who is a citizen of Mississippi;
(e) Any trained or certified emergency response provider who is deployed during the time period authorized by law for absentee voting, on election day, or during any state of emergency declared by the President of the United States or any Governor of any state within the United States;
(f) Any citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia;
(g) Any citizen of Mississippi enrolled as a student at the United States Naval Academy, the United States Coast Guard Academy, the United States Merchant Marine Academy, the United States Air Force Academy or the United States Military Academy.
(2) The spouse and dependents of any absent voter as set out in paragraphs (a) through (g) of subsection (1) of this section shall also be included in the meaning of absent voter and may register to vote and vote an absentee ballot as provided in this subarticle if also absent from the county of their residence on the date of the election and otherwise qualified to vote in Mississippi.
(3) For the purpose of this subarticle, the term "election" shall mean and include the following sets of elections: special and runoff special elections, preferential and general elections in counties and municipalities, first and second primary elections or general elections without preferential elections, whichever system is applicable.
SECTION 34. 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 and preferential 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 or her
representative authorized in writing by * * * the candidate shall have the right
of full examination of * * *
the box and its contents upon three (3) days' notice of his or her
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 or
her 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 * * * the examination the box shall be
resealed with all its contents as theretofore. And if any contest or complaint
before the court shall arise over * * * the 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.
SECTION 35. Section 23-15-171, Mississippi Code of 1972, which provides the procedure for municipal primary elections, is hereby repealed.
SECTION 36. Sections 2 through 37 of this act shall take effect and be enforce from and after October 1 of any year in which the majority of qualified electors in a county or municipality vote to conduct nonpartisan preferential elections.
SECTION 37. This act shall take effect and be in force from and after October 1, 2017.