House Concurrent Resolution 44

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 34, 35, 133, 134 AND 173, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A PERSON WHO HAS SERVED TWO CONSECUTIVE FOUR-YEAR TERMS IN THE MISSISSIPPI HOUSE OF REPRESENTATIVES, MISSISSIPPI SENATE, OR OFFICE OF THE SECRETARY OF STATE, STATE TREASURER, AUDITOR OF PUBLIC ACCOUNTS AND ATTORNEY GENERAL IS NOT ELIGIBLE TO SERVE AGAIN IN THAT OFFICE UNTIL ONE FULL TERM HAS INTERVENED DURING WHICH THE PERSON DID NOT SERVE IN THAT OFFICE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 34, Mississippi Constitution of 1890, to read as follows:

"Section 34. The house of representatives shall consist of members chosen every four (4) years by the qualified electors of the several counties and representative districts. A person elected as a member of the House of Representatives is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms in the House of Representatives, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section."

Amend Section 35, Mississippi Constitution of 1890, to read as follows:

"Section 35. The senate shall consist of members chosen every four (4) years by the qualified electors of the several districts. A person elected as a member of the Senate is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms in the Senate, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section."

Amend Section 133, Mississippi Constitution of 1890, to read as follows:

"Section 133. There shall be a Secretary of State, who shall be elected as herein provided. He or she shall be at least twenty-five years of age, a citizen of the state five (5) years next preceding the day of his or her election, and he or she shall continue in office during the term of four (4) years, and shall be keeper of the capitol * * *~~;he~~. A person elected as Secretary of State is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as Secretary of State, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section. A person elected as Secretary of State shall keep a correct register of all official acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the legislature, and * * *he shall perform such other duties as may be required of him or her by law. * * *He A person elected as Secretary of State shall receive such compensation as shall be prescribed."

Amend Section 134, Mississippi Constitution of 1890, to read as follows:

"Section 134. A State Treasurer and an Auditor of Public Accounts shall be elected as herein provided, who shall hold their office for the term of four (4) years, and shall possess the same qualifications as required for the Secretary of State. A person elected as State Treasurer or Auditor of Public Accounts is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as State Treasurer or Auditor of Public Accounts, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section. They shall receive such compensation as may be provided by law."

Amend Section 173, Mississippi Constitution of 1890, to read as follows:

"Section 173. There shall be an Attorney General elected at the same time and in the same manner as the Governor is elected, whose term of office shall be four (4) years and whose compensation shall be fixed by law. A person elected as Attorney General is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as Attorney General, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section. The qualifications for the Attorney General shall be the same as herein prescribed for judges of the circuit and chancery courts."

BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2018, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one amendment.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that a person who has served for two consecutive four-year terms in the Mississippi House of Representatives, Mississippi Senate, or Office of the Secretary of State, State Treasurer, Auditor of Public Accounts and Attorney General is not eligible to serve again in that office until one full term has intervened."