House Concurrent Resolution 5

A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 34, 35, 116, 133, 134, 135, 168, 171, 173 AND 174, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE STATE OFFICERS ELECTED AT THE ELECTION HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER 2023 SHALL HOLD OFFICE FOR ONLY THREE YEARS IN ORDER TO MOVE STATE AND COUNTY GENERAL ELECTIONS TO THE SAME TIME AS CONGRESSIONAL ELECTIONS, STARTING WITH THE 2026 ELECTION.

BE IT RESOLVED 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. (1) Until January 1, 2024, the House of Representatives shall consist of members chosen * * *~~every four years~~ at the election held on the first Tuesday after the first Monday in November 2019, by the qualified electors of the several * * *~~counties and representative~~ districts.

(2) From January 1, 2024, until January 1, 2027, the House of Representatives shall consist of members chosen for three (3) years at the election held on the first Tuesday after the first Monday in November 2023, by the qualified electors of the several districts.

(3) From and after January 1, 2027, the House of Representatives shall consist of members chosen at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, by the qualified electors of the several districts."

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

"Section 35. (1) Until January 1, 2024, the Senate shall consist of members chosen * * *~~every four years~~ at the election held on the first Tuesday after the first Monday in November 2019, by the qualified electors of the several districts.

(2) From January 1, 2024, until January 1, 2027, the Senate shall consist of members chosen for three (3) years at the election held on the first Tuesday after the first Monday in November 2023, by the qualified electors of the several districts.

(3) From and after January 1, 2027, the Senate shall consist of members chosen at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, by the qualified electors of the several districts."

Amend Section 116, Mississippi Constitution of 1890, to read as follows:

"Section 116. (1) Until January 1, 2024, the Chief Executive Power of this state shall be vested in a Governor, who shall hold his office for four (4) years and shall be elected at the election held on the first Tuesday after the first Monday in November 2019. Any person elected to the office of Governor shall be eligible to succeed himself in office. However, no person shall be elected to the office of Governor more than twice, and no person who has held the office of Governor or has acted as Governor for more than two (2) years of a term to which another person was elected shall be elected to the office of Governor more than once.

(2) From January 1, 2024, until January 1, 2027, the Chief Executive Power of this state shall be vested in a Governor, who shall be elected at the election held on the first Tuesday after the first Monday in November 2023 and shall hold his office for three (3) years. Any person elected to the office of Governor shall be eligible to succeed himself in office. However, no person shall be elected to the office of Governor more than twice, and no person who has held the office of Governor or has acted as Governor for more than two (2) years of a term to which another person was elected shall be elected to the office of Governor more than once.

(3) From and after January 1, 2027, the Chief Executive Power of this state shall be vested in a Governor, who shall be elected at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, and shall hold his office for four (4) years. Any person elected to the office of Governor shall be eligible to succeed himself in office. However, no person shall be elected to the office of Governor more than twice, and no person who has held the office of Governor or has acted as Governor for more than two (2) years of a term to which another person was elected shall be elected to the office of Governor more than once."

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

"Section 133. (1) Until January 1, 2024, there shall be a Secretary of State, who shall be elected as herein provided at the election held on the first Tuesday after the first Monday in November 2019. He shall be at least twenty-five (25) years of age, a citizen of the state five (5) years next preceding the day of his election, and he shall continue in office during the term of four (4) years, and shall be keeper of the Capitol; he 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 by law. He shall receive such compensation as shall be prescribed.

(2) From January 1, 2024, until January 1, 2027, there shall be a Secretary of State, who shall be elected as herein provided at the election held on the first Tuesday after the first Monday in November 2023 and he shall continue in office during the term of three (3) years. He shall be at least twenty-five (25) years of age, a citizen of the state five (5) years next preceding the day of his election, and shall be keeper of the Capitol; he 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 by law. He shall receive such compensation as shall be prescribed.

(3) From and after January 1, 2027, there shall be a Secretary of State, who shall be elected as herein provided at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, and he shall continue in office during the term of four (4) years. He shall be at least twenty-five (25) years of age, a citizen of the state five (5) years next preceding the day of his election, and shall be keeper of the Capitol; he 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 by law. He shall receive such compensation as shall be prescribed."

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

"Section 134. (1) Until January 1, 2024, a State Treasurer and an Auditor of Public Accounts shall be elected as herein provided, at the election held on the first Tuesday after the first Monday in November 2019, 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. They shall receive such compensation as may be provided by law.

(2) From January 1, 2024, until January 1, 2027, a State Treasurer and an Auditor of Public Accounts shall be elected as herein provided at the election held on the first Tuesday after the first Monday in November 2023, who shall hold their office for the term of three (3) years, and shall possess the same qualifications as required for the Secretary of State. They shall receive such compensation as may be provided by law.

(3) From and after January 1, 2027, a State Treasurer and an Auditor of Public Accounts shall be elected as herein provided at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, 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. They shall receive such compensation as may be provided by law."

Amend Section 135, Mississippi Constitution of 1890, to read as follows:

"Section 135. * * *~~Effective January 1, 1964~~ (1) Until January 1, 2024, there shall be a sheriff, coroner, assessor, tax collector and surveyor for each county to be selected as elsewhere provided herein, at the election held on the first Tuesday after the first Monday in November 2019, who shall hold their office for four (4) years and who shall be eligible to immediately succeed themselves in office, provided, however, if the offices of sheriff and tax collector are combined the holder thereof shall not be eligible to immediately succeed himself in office. The Legislature may combine any one or more of said offices in any county or counties and shall fix their compensation. The duties heretofore imposed on the county treasurer shall be discharged by some person or persons selected as required by law.

(2) From January 1, 2024, until January 1, 2027, there shall be a sheriff, coroner, assessor, tax collector and surveyor for each county to be selected as eleswhere provided herein at the election held on the first Tuesday after the first Monday in November 2023, who shall hold their office for three (3) years and who shall be eligible to immediately succeed themselves in office; provided, however, if the offices of sheriff and tax collector are combined the holder thereof shall not be eligible to immediately succeed himself in office. The Legislature may combine any one or more of said offices in any county or counties and shall fix their compensation. The duties heretofore imposed on the county treasurer shall be discharged by some person or persons selected as required by law.

(3) From and after January 1, 2027, there shall be a sheriff, coroner, assessor, tax collector and surveyor for each county to be selected as elsewhere provided herein at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, who shall hold their office for four (4) years and who shall be eligible to immediately succeed themselves in office, provided, however, if the offices of sheriff and tax collector are combined the holder thereof shall not be eligible to immediately succeed himself in office. The Legislature may combine any one or more of said offices in any county or counties and shall fix their compensation. The duties heretofore imposed on the county treasurer shall be discharged by some person or persons selected as required by law."

Amend Section 168, Mississippi Constitution of 1890, to read as follows:

"Section 168. (1) Until January 1, 2024, the clerk of the Supreme Court shall be appointed by the Supreme Court in the manner and for a term as shall be provided by the Legislature, and the clerk of the circuit court and the clerk of the chancery court shall be selected in each county in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2019, and shall hold office for the term of four (4) years, and the Legislature shall provide by law what duties shall be performed during vacation by the clerks of the circuit and chancery courts, subject to the approval of the court.

(2) From January 1, 2024, until January 1, 2027, the clerk of the Supreme Court shall be appointed by the Supreme Court in the manner and for a term as shall be provided by the Legislature, and the clerk of the circuit court and the clerk of the chancery court shall be selected in each county in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2023, and shall hold office for the term of three (3) years, and the Legislature shall provide by law what duties shall be performed during vacation by the clerks of the circuit and chancery courts, subject to the approval of the court.

(3) From and after January 1, 2027, the clerk of the Supreme Court shall be appointed by the Supreme Court in the manner and for a term as shall be provided by the Legislature, and the clerk of the circuit court and the clerk of the chancery court shall be selected in each county in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, and shall hold office for the term of four (4) years, and the Legislature shall provide by law what duties shall be performed during vacation by the clerks of the circuit and chancery courts, subject to the approval of the court."

Amend Section 171, Mississippi Constitution of 1890, to read as follows:

"Section 171. (1) Until January 1, 2024, a competent number of justice court judges and constables shall be chosen in each county in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2019, but not less than two (2) such judges in any county, who shall hold their office for the term of four (4) years. Each justice court judge shall have resided two (2) years in the county next preceding his selection and shall be high school graduate or have a general equivalency diploma unless he shall have served as a justice of the peace or been elected to the office of justice of the peace prior to January 1, 1976. All persons elected to the office of justice of the peace in November * * *, 1975, shall take office in January * * *, 1976, as justice court judges.

The maximum civil jurisdiction of the justice court shall extend to causes in which the principal amount in controversy is Five Hundred Dollars ($500.00) or such higher amount as may be prescribed by law. The justice court shall have jurisdiction concurrent with the circuit court over all crimes whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail; but the Legislature may confer on the justice court exclusive jurisdiction in such petty misdemeanors as the Legislature shall see proper.

In all causes tried in justice court, the right of appeal shall be secured under such rules and regulations as shall be prescribed by law, and no justice court judge shall preside at the trial of any cause where he may be interested, or the parties or either of them shall be connected with him by affinity or consanguinity, except by the consent of the justice court judge and of the parties.

All reference in the Mississippi Code to justice of the peace shall mean justice court judge.

(2) From January 1, 2024, until January 1, 2027, a competent number of justice court judges and constables shall be chosen in each county in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2023, but not less than two (2) such judges in any county, who shall hold their office for the term of three (3) years. Each justice court judge shall have resided two (2) years in the county next preceding his selection and shall be high school graduate or have a general equivalency diploma unless he shall have served as a justice of the peace or been elected to the office of justice of the peace prior to January 1, 1976. All persons elected to the office of justice of the peace in November 1975, shall take office in January 1976, as justice court judges.

All reference in the Mississippi Code to justice of the peace shall mean justice court judge.

(3) From and after January 1, 2027, a competent number of justice court judges and constables shall be chosen in each county in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, but not less than two (2) such judges in any county, who shall hold their office for the term of four (4) years. Each justice court judge shall have resided two (2) years in the county next preceding his selection and shall be high school graduate or have a general equivalency diploma unless he shall have served as a justice of the peace or been elected to the office of justice of the peace prior to January 1, 1976. All persons elected to the office of justice of the peace in November 1975, shall take office in January 1976, as justice court judges.

All reference in the Mississippi Code to justice of the peace shall mean justice court judge."

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

"Section 173. (1) Until January 1, 2024, there shall be an Attorney General elected at the * * * ~~same time~~ election held on the first Tuesday after the first Monday in November 2019, 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. The qualifications for the Attorney General shall be the same as herein prescribed for judges of the circuit and chancery courts.

(2) From January 1, 2024, until January 1, 2027, there shall be an Attorney General elected at the election held on the first Tuesday after the first Monday in November 2023 and in the same manner as the Governor is elected, whose term of office shall be three (3) years and whose compensation shall be fixed by law. The qualifications for the Attorney General shall be the same as herein prescribed for judges of the circuit and chancery courts.

(3) From and after January 1, 2027, there shall be an Attorney General elected at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, 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. The qualifications for the Attorney General shall be the same as herein prescribed for judges of the circuit and chancery courts."

Amend Section 174, Mississippi Constitution of 1890, to read as follows:

"Section 174. (1) Until January 1, 2024, a district attorney for each circuit court district shall be selected in the manner provided by law, at the election held on the first Tuesday after the first Monday in November 2019, whose term of office shall be four (4) years whose duties shall be prescribed by law, and whose compensation shall be a fixed salary.

(2) From January 1, 2024, until January 1, 2027, a district attorney for each circuit court district shall be selected in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2023, whose term of office shall be three (3) years, whose duties shall be prescribed by law, and whose compensation shall be a fixed salary.

(3) From and after January 1, 2027, a district attorney for each circuit court district shall be selected in the manner provided by law at the election held on the first Tuesday after the first Monday in November 2026, and every four (4) years thereafter, whose term of office shall be four (4) years, whose duties shall be prescribed by law, and whose compensation shall be a fixed salary."

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 since the proposed amendments pertain to one subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the state officers elected at the general election on the first Tuesday after the first Monday in November 2023 shall hold office for only three years in order to move state and county general elections to the same time as congressional elections, starting with the 2026 election."