MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Constitution; Elections

By: Senator(s) Johnson, Branning, Jackson (11th), Jackson (32nd)

Senate Concurrent Resolution 548

(COMMITTEE SUBSTITUTE)

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY AMENDING SECTION 140 AND REPEALING SECTIONS 141, 142 AND 143 TO PROVIDE THAT THE PERSON RECEIVING THE MAJORITY OF VOTES FOR THE OFFICE OF GOVERNOR AND ALL STATE ELECTED OFFICIALS AT THE GENERAL ELECTION SHALL BE DECLARED ELECTED; TO PROVIDE THAT IF NO PERSON RECEIVES A MAJORITY OF THE VOTES, THEN A RUNOFF ELECTION SHALL BE HELD BETWEEN THE TWO PERSONS RECEIVING THE HIGHEST NUMBER OF VOTES AND TO PROVIDE FOR A TIEBREAKER VOTE BY THE LEGISLATURE; TO ABOLISH THE REQUIREMENT THAT THE GOVERNOR AND ALL STATE ELECTED OFFICIALS BE ELECTED BY VOTE OF THE HOUSE OF REPRESENTATIVES IF NO PERSON RECEIVES BOTH A MAJORITY OF THE POPULAR VOTE AND A MAJORITY OF THE ELECTORAL VOTES; 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:

I.

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

     Section 140.  The Governor of the state and all state elected officials shall be * * * chosen in the following manner elected by the people in a general election to be held on the first Tuesday after the first Monday of November * * * of A.D.1895 2023, and on the first Tuesday after the first Monday of November in every fourth year thereafter * * *,until the day shall be changed by law, on election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, or Governor, and.  The person receiving * * * in any county or such legislative district the highest a majority of the number of votes cast * * * therein in the election for * * * said these offices * * *, 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.

If no person receives a majority of the votes, then a runoff election shall be held between the two (2) persons who received the highest number of votes.  The election shall be held in the same manner and in accordance with the same procedure, as nearly as practicable, as provided by law for a general election.  The candidate who receives a majority of the votes in the runoff election shall be declared elected.  If the two (2) candidates in the runoff election have an equal number of votes, the tie shall be broken by a vote of the Legislature taken at a Joint Session held on the first day of the Regular Session following the election, with each Senator having two (2) votes and each House member having one (1) vote.

II.

     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.

III.

     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.

IV.

     Amend the 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.

     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 2020, as provided by Section 273 of the Constitution and by general law, with the proposed amendments in this resolution being voted on as one amendment since they pertain to one subject.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This amendment provides that to be elected Governor, or to any other statewide office, a candidate receive a majority of the vote in the general election.  If no candidate receives a majority of the vote, then a runoff election between the two candidates receiving the highest number of votes shall be held and the candidate receiving the most votes shall be elected.  The requirement of receiving the most votes in a majority of Mississippi House of Representative's districts is removed."