House Bill 374

AN ACT TO AMEND SECTION 37-5-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN A CONTEST FOR OFFICE OF BOARD OF TRUSTEES, THE PERSON WHO RECEIVES THE MAJORITY OF VOTES CAST FOR THE POSITION SOUGHT SHALL BE DECLARED THE WINNER; TO PROVIDE FOR A RUNOFF BETWEEN THE TWO CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES IN INSTANCES WHERE NEITHER CANDIDATE RECEIVES THE MAJORITY OF VOTES CAST IN THE ELECTION; TO PROVIDE THAT THE RUNOFF ELECTION SHALL OCCUR THREE WEEKS AFTER THE FIRST ELECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-5-9, Mississippi Code of 1972, is amended as follows:

37-5-9. The name of any qualified elector who is a candidate for the county board of education shall be placed on the ballot used in the general elections by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. Where there are less than one hundred (100) qualified electors in said supervisors district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such supervisors district. The candidate in each supervisors district who receives the * * *~~highest number~~ majority of votes cast in the district shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election.

When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the * * * ~~highest number~~majority of votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election.

In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.