MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Apportionment and Elections

By: Representative Calhoun

House Bill 351

AN ACT TO AMEND SECTION 23-15-217, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT AN ELECTION COMMISSIONER RESIGN BEFORE QUALIFYING AS A CANDIDATE FOR ANOTHER OFFICE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-217, Mississippi Code of 1972, is amended as follows:

     23-15-217.  (1)  An election commissioner of any county may be a candidate for any other office at any election held or to be held during the four-year term for which he or she has been elected to the office of election commissioner * * *; provided that he or she has resigned from the office of election commissioner before he or she files to qualify for the office that he or she desires to seek.  The clerk for the board of supervisors must have actually received the resignation for it to be deemed submitted.

     (2)  In any case involving the election of a county election commissioner wherein there is a contest of any nature, including, but not limited to, the right of any person to vote or the counting of any challenge ballot, all the duties and powers of the commission in connection with the contest shall be performed by the board of supervisors, as is contemplated by Section 23-15-215 in cases where there are no election commissioners in the county.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.

---