House Concurrent Resolution 7

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION TO ABOLISH PARTISAN PRIMARIES AND REPEALING SECTIONS 140, 141, 143 AND 247; TO PROVIDE THE TIME FOR HOLDING PREFERENTIAL AND GENERAL ELECTIONS; TO PROVIDE THAT WHEN ONLY ONE PERSON HAS QUALIFIED AS A CANDIDATE FOR AN OFFICE, SUCH PERSON'S NAME SHALL BE PLACED ON THE GENERAL ELECTION BALLOT; TO PROVIDE THAT THE NAME OF THE CANDIDATE WHO RECEIVES A MAJORITY OF THE VOTES CAST FOR SUCH OFFICE IN THE PREFERENTIAL ELECTIONS, AND NAME ONLY, SHALL BE PLACED ON THE GENERAL ELECTION BALLOT; TO PROVIDE THAT WHEN NO CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN THE PREFERENTIAL ELECTION FOR AN OFFICE, THE NAMES OF THE TWO CANDIDATES WHO RECEIVE THE HIGHEST NUMBER OF VOTES IN THE PREFERENTIAL ELECTION SHALL BE PLACED ON THE GENERAL ELECTION BALLOT AS CANDIDATES FOR SUCH OFFICE; TO REQUIRE THE LEGISLATURE TO ENACT GENERAL LAWS FOR CARRYING OUT THE PROVISIONS OF THIS CONSTITUTIONAL AMENDMENT; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi

Constitution of 1890 are proposed to the qualified electors of the

state:

Amend Article 5, Mississippi Constitution of 1890, by adding a new Section ____, to read as follows:

"Section___. All candidates for Governor, state office, the House of Representatives and Senate, without regard to party affiliation, if any, must qualify for office with the Secretary of State at least sixty (60) days before the first preferential election, which will be held for each office elected in this state on the second Tuesday after the first Monday of September 2019 and in every fourth year thereafter. When only one (1) person has qualified as a candidate for an office, that person's name must be placed on the general election ballot. The name of the candidate who receives a majority of the votes cast in the preferential election for the office, and that name only, will be placed on the general election ballot. When no candidate receives a majority of the votes cast in the preferential election for an office, then the names of the two (2) candidates who receive the highest number of votes in the preferential election will be placed on the general election ballot as candidates for that office. The general election will be held on the first Tuesday after the first Monday of November 2019 and in every fourth year thereafter. In addition to the election of Governor, state officials and members of the House of Representatives and Senate, all other elections, including county and municipal elections, will be nonpartisan preferential elections. The Legislature shall enact general laws to carry out the provisions of this section."

II.

Amend Mississippi Constitution of 1890 by repealing Section 140, which reads as follows:

"Section 140. The Governor of the state shall be chosen in the following manner: On the first Tuesday after the first Monday of November of A.D. 1895, 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 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."

III.

Amend 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 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."

IV.

Amend Mississippi Constitution of 1890 by repealing Section 143, which reads as follows:

"Section 143. All other state officers shall be elected at the same time, and in the same manner as provided for election of Governor."

Amend Mississippi Constitution of 1890 by repealing Section 247, which reads as follows:

"Section 247. The Legislature shall enact laws to secure fairness in party primary elections, conventions, or other methods of naming party candidates."

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 (1) amendment since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment removes a partisan system of elections in the State of Mississippi and replaces that system with preferential elections with no party affiliations."