MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Rules; Constitution

By: Senator(s) Blount

Senate Concurrent Resolution 535

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY AMENDING SECTION 140 AND REPEALING SECTIONS 141 AND 142 TO ABOLISH THE REQUIREMENT THAT THE GOVERNOR BE ELECTED BY ELECTORAL VOTE OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES AND TO PROVIDE THAT THE PERSON RECEIVING THE HIGHEST POPULAR VOTE AT THE GENERAL ELECTION SHALL BE GOVERNOR.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, TWO-THIRDS OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCURRING THEREIN, WHICH TWO-THIRDS CONSISTS OF NOT LESS THAN A MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state for ratification or rejection at an election to be held on the first Tuesday after the first Monday of November 2018:

     Amend Section 140, Mississippi Constitution of 1890, to read as follows:

     Section 140.  The Governor of the state shall be chosen in the following manner:  The Governor shall be elected by the people in a general election on the first Tuesday after the first Monday of November of A.D. * * * 1895 2019, and on the first Tuesday after the first Monday of November in every fourth year thereafter. * * *, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes".  In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts.  The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature. The person receiving the highest number of votes shall be elected.

 * * * The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them.  The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected."

     Amend the Mississippi Constitution of 1890 by repealing Section 141 which reads as follows:

     Section 141.  If no person shall receive such majorities, then the House of Representatives shall proceed to choose a Governor from the two (2) persons who shall have received the highest number of popular votes.  The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted.

     Amend the Mississippi Constitution of 1890 by repealing Section 142 which reads as follows:

     Section 142.  In case of an election of Governor or any state officer by the House of Representatives, no member of that House shall be eligible to receive any appointment from the Governor or other state officer so elected, during the term for which he shall be elected.

     BE IT FURTHER RESOLVED, That this proposed amendment 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.

     BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows:  "This proposed constitutional amendment amends one (1) section of the Constitution and repeals two (2) other sections to abolish the requirement that the Governor be elected by electoral vote of the Mississippi House of Representatives.  The amendment provides that the person receiving the highest number of popular votes at the general election shall be elected Governor."