MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Apportionment and Elections
By: Representative Hopkins
AN ACT TO AMEND SECTIONS 5-1-1, 5-1-3, 7-3-3, 7-9-1, 7-7-202, 7-5-1, 69-1-3, 83-1-3, 9-4-5, 9-5-1, 9-7-1, 21-8-7, 21-9-15, 21-15-1, 23-15-193, 23-15-991, 23-15-213, 37-5-7, 65-1-3 AND 77-1-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO HAS SERVED TWO OR MORE CONSECUTIVE TERMS AS A MEMBER OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES, MEMBER OF THE MISSISSIPPI SENATE, SECRETARY OF STATE, STATE TREASURER, STATE AUDITOR, ATTORNEY GENERAL, COMMISSIONER OF AGRICULTURE AND COMMERCE, COMMISSIONER OF INSURANCE, SUPREME COURT JUSTICE, COURT OF APPEALS JUDGE, CHANCELLOR, CIRCUIT COURT JUDGE, MAYOR, COUNCIL MEMBER, ALDERMAN, ELECTION COMMISSIONER, TRANSPORTATION COMMISSIONER, PUBLIC SERVICE COMMISSIONER, MEMBER OF THE COUNTY BOARD OF EDUCATION, SHERIFF, CIRCUIT CLERK, CHANCERY CLERK, CORONER, TAX ASSESSOR, SURVEYOR, MEMBER OF THE BOARD OF SUPERVISORS, JUSTICE COURT JUDGE, CONSTABLE, ANY OTHER OFFICIAL ELECTED AT THE GENERAL STATE ELECTION, OR ANY OTHER OFFICIAL ELECTED AT THE GENERAL MUNICIPAL ELECTION, IS NOT ELIGIBLE TO SERVE AGAIN IN THAT OFFICE UNTIL ONE FULL TERM HAS INTERVENED DURING WHICH THE PERSON DID NOT SERVE IN THAT OFFICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 5-1-1, Mississippi Code of 1972, is amended as follows:
5-1-1. The number of Representatives shall be one hundred twenty-two (122) and shall be elected from districts adopted as provided in Section 254 of the Mississippi Constitution of 1890.
A person elected as a member of the House of Representatives is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms in the House of Representatives, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 2. Section 5-1-3, Mississippi Code of 1972, is amended as follows:
5-1-3. The number of Senators shall be fifty-two (52) and shall be elected from fifty-two (52) districts adopted as provided in Section 254 of the Mississippi Constitution of 1890. A person elected as a member of the Senate is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms in the Senate, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 3. Section 7-3-3, Mississippi Code of 1972, is amended as follows:
7-3-3. The Secretary of State shall keep his or her office at the seat of the government, shall keep the same open Monday through Friday of each week for eight (8) hours each day, and shall carefully preserve the official books, library, papers, records, and furniture belonging to his or her office. A person elected as Secretary of State is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as Secretary of State, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 4. Section 7-9-1, Mississippi Code of 1972, is amended as follows:
7-9-1. The State Treasurer shall keep his or her office at the seat of the government, and shall keep the same open Monday through Friday of each week for eight (8) hours each day. A person elected as State Treasurer is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as State Treasurer, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 5. Section 7-7-202, Mississippi Code of 1972, is amended as follows:
7-7-202. The State Auditor shall keep the office of the department at the seat of the government and shall keep it open Monday through Friday of each week for at least eight (8) hours each day. A person elected as State Auditor is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as State Auditor, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section. The State Auditor may establish satellite offices at other locations in the state. The State Auditor is authorized to prepare and use an official seal.
SECTION 6. Section 7-5-1, Mississippi Code of 1972, is amended as follows:
7-5-1. The Attorney General
provided for by Section 173 of the Mississippi Constitution shall be elected at
the same time and in the same manner as the Governor is elected. * * * The term of office for the
Attorney General shall be four (4) years and * * * the compensation for that office
shall be fixed by the Legislature. A person elected as Attorney General is
eligible to succeed himself or herself in office; however, after serving two (2)
or more full and consecutive terms as Attorney General, he or she is not
eligible to serve again in that office until at least one (1) full term has
intervened during which the person did not serve in that office. Any years
served by a member elected to fill a vacancy in office for less than a full term
shall not be included in the term limitation set forth in this section. * * * The Attorney General shall be the
chief legal officer and advisor for the state, both civil and criminal, and is
charged with managing all litigation on behalf of the state, except as
otherwise specifically provided by law. No arm or agency of the state
government shall bring or defend a suit against another arm or agency without
prior written approval of the Attorney General. He or she shall have
the powers of the Attorney General at common law and, except as otherwise
provided by law, is given the sole power to bring or defend a lawsuit on behalf
of a state agency, the subject matter of which is of statewide interest. * * * The Attorney General shall intervene
and argue the constitutionality of any statute when notified of a challenge
thereto, pursuant to the Mississippi Rules of Civil Procedure. His or her
qualifications for office shall be as provided for chancery and circuit judges
in Section 154 of the Mississippi Constitution.
SECTION 7. Section 69-1-3, Mississippi Code of 1972, is amended as follows:
69-1-3. The term of office of the Commissioner of Agriculture and Commerce shall be four (4) years, and any vacancy occurring shall be filled by appointment by the Governor as provided by law. A person elected as Commissioner of Agriculture and Commerce is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as Commissioner of Agriculture and Commerce, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 8. Section 83-1-3, Mississippi Code of 1972, is amended as follows:
83-1-3. The chief officer
of the department shall be denominated the Commissioner of Insurance, who shall
be elected at the general election as other state officers, and who shall
possess the same qualifications as required for the Secretary of State. His or
her term of office shall be four (4) years, as that of other state
officials. A person elected as Commissioner of Insurance is eligible to
succeed himself or herself in office; however, after serving two (2) or more full
and consecutive terms as Commissioner of Insurance, he or she is not eligible
to serve again in that office until at least one (1) full term has intervened
during which the person did not serve in that office. Any years served by a
member elected to fill a vacancy in office for less than a full term shall not
be included in the term limitation set forth in this section. No person
shall be Commissioner of Insurance who is in any way connected with the
management or control of any company, corporation, association, or order
affected by this title, and his or her term of office shall immediately
cease if at any time he or she shall become so interested. Before
entering on the discharge of * * * the duties of Commissioner of
Insurance, the commissioner shall take the oath of office required of state
officers and give a corporate bond in favor of the state in the penal sum of
Twenty-five Thousand Dollars ($25,000.00) in some company or companies duly
authorized to transact business in this state, to be approved by the Governor
and conditioned for the faithful performance of the duties of * * * the office during his or her
term, which bond and oath of office shall be filed with the Secretary of State.
SECTION 9. Section 9-4-5, Mississippi Code of 1972, is amended as follows:
9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district; provided, however, judges of the Court of Appeals who are elected to take office after the first Monday of January 2002, shall be elected from the Court of Appeals Districts described in subsection (5) of this section. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.
(2) A person elected as a judge of the Court of Appeals is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as a judge of the Court of Appeals, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
( * * *3) (a) In order to provide that the
offices of not more than a majority of the judges of said court shall become
vacant at any one (1) time, the terms of office of six (6) of the judges first
to be elected shall expire in less than eight (8) years. For the purpose of
all elections of members of the court, each of the ten (10) judges of the Court
of Appeals shall be considered a separate office. The two (2) offices in each
of the five (5) districts shall be designated Position Number 1 and
Position Number 2, and in qualifying for office as a candidate for any office
of judge of the Court of Appeals each candidate shall state the position number
of the office to which he aspires and the election ballots shall so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
(c) In the year prior to the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the manner provided in this section in the district from which the incumbent Court of Appeals judge was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
( * * *4) No person shall be eligible for the
office of judge of the Court of Appeals who has not attained the age of thirty
(30) years at the time of his election and who has not been a practicing attorney
and citizen of the state for five (5) years immediately preceding such
election.
( * * *5) Any vacancy on the Court of Appeals
shall be filled by appointment of the Governor for that portion of the
unexpired term prior to the election to fill the remainder of said term
according to provisions of Section 23-15-849, Mississippi Code of 1972.
( * * *6) (a) The State of Mississippi is
hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
SECTION 10. Section 9-5-1, Mississippi Code of 1972, is amended as follows:
9-5-1. (1) A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.
(2) A person elected as a chancellor is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as chancellor, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 11. Section 9-7-1, Mississippi Code of 1972, is amended as follows:
9-7-1. (1) A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts.
(2) A person elected as a circuit judge is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as a circuit judge, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 12. Section 21-8-7, Mississippi Code of 1972, is amended as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise provided in subsection (4) of this section, the mayor and council members shall be elected by the voters of the municipality at a regular municipal election held on the first Tuesday after the first Monday in June as provided in Section 21-11-7, and shall serve for a term of four (4) years beginning on the first day of July next following the election that is not on a weekend.
(3) The terms of the initial mayor and council members shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form.
(4) A person elected as mayor or council member is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as mayor or council member, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
( * * *5) (a) The council shall consist of
five (5), seven (7) or nine (9) members. In the event there are five (5)
council members, the municipality shall be divided into either five (5) or four
(4) wards. In the event there are seven (7) council members, the municipality
shall be divided into either seven (7), six (6) or five (5) wards. In the
event there are nine (9) council members, the municipality shall be divided
into seven (7) or nine (9) wards. If the municipality is divided into fewer
wards than it has council members, the other council member or members shall be
elected from the municipality at large. The total number of council members and
the number of council members elected from wards shall be established by the
petition or petitions presented pursuant to Section 21-8-3. One (1) council
member shall be elected from each ward by the voters of that ward. Council
members elected to represent wards must be residents of their wards at the time
of qualification for election, and any council member who removes the member's
residence from the municipality or from the ward from which elected shall vacate
that office. However, any candidate for council member who is properly
qualified as a candidate under applicable law shall be deemed to be qualified
as a candidate in whatever ward the member resides if the ward has changed
after the council has redistricted the municipality as provided in paragraph
(c)(ii) of this subsection (4), and if the wards have been so changed, any
person may qualify as a candidate for council member, using the person's
existing residence or by changing the person's residence, not less than fifteen
(15) days before the first party primary or special party primary, as the case
may be, notwithstanding any other residency or qualification requirements to
the contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more before the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days before the first party primary.
(ii) If the publication of the most recent decennial census occurs less than six (6) months before the first primary of a general municipal election, the election shall be held with regard to the existing defined wards; reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected.
(d) If annexation of additional territory into the municipal corporate limits of the municipality occurs less than six (6) months before the first party primary of a general municipal election, the council shall, by ordinance adopted within three (3) days of the effective date of the annexation, assign the annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the municipality by ordinance as required by this chapter shall not serve as the basis for representation until the next regularly scheduled election for municipal council members.
( * * *6) Vacancies occurring in the council
shall be filled as provided in Section 23-15-857.
( * * *7) The mayor shall maintain an office
at the city hall. The council members shall not maintain individual offices at
the city hall; however, in a municipality having a population of one hundred
thousand (100,000) and above according to the latest federal decennial census,
council members may have individual offices in the city hall. Clerical work of
council members in the performance of the duties of their office shall be
performed by municipal employees or at municipal expense, and council members
shall be reimbursed for the reasonable expenses incurred in the performance of
the duties of their office.
SECTION 13. Section 21-9-15, Mississippi Code of 1972, is amended as follows:
21-9-15. (1) (a) The legislative power of any city in which the council-manager plan of government is in effect under this chapter shall be vested in a council consisting of a mayor and five (5) councilmen.
(b) Any city with a larger or smaller number of councilmen, prior to September 30, 1962, may retain this larger or smaller number of councilmen or may adopt the council size of five (5) as prescribed herein. This option shall be exercised through the enactment of an appropriate ordinance by the municipal governing body prior to the election to adopt the council-manager plan of government. In the event the council fails to exercise this option, the council shall consist of five (5) councilmen.
(c) At the next regular municipal election which takes place after the adoption of the council-manager form of government, the mayor shall be elected at large by the voters of the entire city. Also, the councilmen shall be elected at large by the voters of the entire city to represent a city-wide district, or each of four (4) councilmen may be elected from a ward to represent such ward and one (1) councilman may be elected to represent a city-wide district. This option shall be exercised by an appropriate ordinance enacted by the city governing body prior to the election to adopt the council-manager plan of government. In the event the council fails to exercise this option, the councilmen shall be elected at large to represent the city-wide district. In its discretion at any time after adoption and implementation of the council-manager plan of government the council may provide for the election of councilmen by wards as provided herein, which shall become effective at the next regularly scheduled election for city councilmen.
(d) Councilmen elected to represent wards must be residents of their wards; and in cities having more or fewer than five (5) councilmen, prior to September 30, 1962, the city governing body shall determine the number of councilmen to represent the wards and the number of councilmen to represent the city-wide district.
(e) The council of any municipality having a population exceeding forty-five thousand (45,000) inhabitants according to the 1970 decennial census which is situated in a Class 1 county bordering on the State of Alabama and which is governed by a council-manager plan of government on January 1, 1977, may, in its discretion, adopt an ordinance to require the election of four (4) of the five (5) council members from wards and not from the city at large. The four (4) council members shall be elected one (1) each from the wards in which they reside in the municipality, and shall be elected only by the registered voters residing within the ward in which the council member resides. The mayor and fifth council member may continue to be elected from the city at large. Any council member who shall remove his residence from the ward from which he was elected shall, by operation of law, vacate his seat on the council.
After publication of the population of the municipality according to the 1980 decennial census, the governing authorities of the municipality shall designate the geographical boundaries of new wards as provided in this subparagraph. Each ward shall contain as nearly as possible the population factor obtained by dividing by four (4) the city's population as shown by the 1980 and each most recent decennial census thereafter. It shall be the mandatory duty of the council to redistrict the city by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the city as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; provided, however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more prior to the first primary of a general municipal election, then the council shall redistrict the city by ordinance within at least sixty (60) days of such first primary. If the publication of the most recent decennial census occurs less than six (6) months prior to the first primary of a general municipal election, the election shall be held with regard to currently defined wards; and reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected. If annexation of additional territory into the municipal corporate limits of the city shall occur less than six (6) months prior to the first primary of a general municipal election, the city council shall, by ordinance adopted within three (3) days of the effective date of such annexation, assign such annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards. Any subsequent redistricting of the city by ordinance as required by this section shall not serve as the basis for representation until the next regularly scheduled election for city councilmen.
(2) However, in any municipality situated in a Class 1 county bordering on the Mississippi Sound and the State of Alabama, traversed by U.S. Highway 90, the legislative power of such municipality in which the council-manager plan of government is in effect shall be vested in a council consisting of a mayor and six (6) councilmen. In the next regular municipal election in such municipality, the mayor shall be elected at large by the voters of the entire municipality. Also, the councilmen shall be elected at large by the voters of the entire municipality to represent a municipality-wide district, or each of five (5) councilmen may be elected from one (1) of five (5) wards to represent said ward and one (1) councilman shall be elected to represent a municipality-wide district. This option as to wards shall be exercised by an appropriate ordinance enacted by the municipal governing body. In the event the council fails to exercise this option, the councilmen shall be elected at large to represent the municipality-wide district. Councilmen elected to represent wards must be residents of their wards.
The method of electing the mayor and councilmen shall be the same as otherwise provided by law except as provided in this chapter. The mayor and councilmen elected hereunder shall hold office for a term of four (4) years and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he is a qualified elector of such city.
A person elected as mayor or councilman is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as mayor or councilman, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
(3) (a) In the event a city with a population of one hundred thousand (100,000) or more inhabitants according to the last decennial census adopts the council-manager form of government, the legislative power of said city shall be vested in a council consisting of a mayor and eight (8) councilmen.
(b) At the next regular municipal election which takes place after the adoption of the council-manager form of government, the mayor shall be elected at large by the voters of the entire municipality. The municipality shall be divided into five (5) wards with one (1) councilman to be elected from each ward by the voters of that ward, and three (3) councilmen to be elected from the municipality at large. Councilmen elected to represent wards must be residents of their wards at the time of qualification for election, and any councilman who removes his residence from the city or from the ward from which he was elected shall vacate his office.
(c) It shall be the duty of the municipal governing body existing at the time of the adoption of the council-manager form of government to designate the geographical boundaries of the five (5) wards within sixty (60) days after the election in which the council-manager form is selected. In designating the geographical boundaries of the five (5) wards, each ward shall contain as nearly as possible the population factor obtained by dividing by five (5) the city's population as shown by the most recent decennial census. It shall be the mandatory duty of the council to redistrict the city by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the city as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more prior to the first primary of a general municipal election, then the council shall redistrict the city by ordinance within at least sixty (60) days of such first primary. If the publication of the most recent decennial census occurs less than six (6) months prior to the first primary of a general municipal election, the election shall be held with regard to currently defined wards; and reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which city councilmen shall be elected. If annexation of additional territory into the municipal corporate limits of the city shall occur less than six (6) months prior to the first primary of a general municipal election, the city council shall, by ordinance adopted within three (3) days of the effective date of such annexation, assign such annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the city by ordinance as required by this section shall not serve as the basis for representation until the next regularly scheduled election for city councilmen.
(4) The method of electing the mayor and councilmen shall be the same as otherwise provided by law, except as provided in this chapter. The mayor and councilmen elected hereunder shall hold office for a term of four (4) years and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he is a qualified elector of such city.
A person elected as mayor or councilman is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as mayor or councilman, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 14. Section 21-15-1, Mississippi Code of 1972, is amended as follows:
21-15-1. (1) All officers elected at the general municipal election provided for in Section 23-15-173 shall qualify and enter upon the discharge of their duties on the first day of July after such general election that is not on a weekend, and shall hold their offices for a term of four (4) years and until their successors are duly elected and qualified.
(2) A person elected to a municipal office at the general municipal election is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms in that office, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 15. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. At the election in 1995, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
A person elected to office under this section is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms in that office, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 16. Section 23-15-991, Mississippi Code of 1972, is amended as follows:
23-15-991. The term of
office of * * *
justice of the Supreme Court shall be eight (8) years. Concurrently
with the regular election for representatives in Congress, held next preceding
the expiration of the term of an incumbent, and likewise each eighth year thereafter,
an election shall be held in the Supreme Court district from which such
incumbent was elected at which there shall be elected a successor to the
incumbent, whose term of office shall thereafter begin on the first Monday of
January of the year in which the term of the incumbent he succeeds expires.
A person elected as a justice of the Supreme Court is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as a justice of the Supreme Court, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 17. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
[Until December 31, 2022, this section shall read as follows:]
23-15-213. (1) At the general election in 2020, there shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
(2) The qualified electors of each supervisors district shall elect, at the general election in 2020, in their district one (1) election commissioner. The election commissioners from board of supervisors' Districts One, Three and Five shall serve for a term of four (4) years. The election commissioners from board of supervisors' Districts Two and Four shall serve for a term of three (3) years. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) Upon taking office, the county election commissioners shall organize by electing a chair and a secretary.
(6) It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.
(7) A person elected as an election commissioner is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as an election commissioner, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
[From and after January 1, 2023, this section shall read as follows:]
23-15-213. (1) There shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
(2) (a) At the general election in 2024 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts One, Three and Five shall elect in their district one (1) election commissioner.
(b) At the general election in 2023 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts Two and Four shall elect in their district one (1) election commissioner.
(c) No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for county election
commissioner shall qualify by filing with the clerk of the board of supervisors
of their respective counties a petition personally signed by not less than fifty
(50) qualified electors of the supervisors district in which they reside, requesting
that they be a candidate, by 5:00 p.m. not later than the first Monday in June February 1 of the year in which the election
occurs and unless the petition is filed within the required time, their names shall
not be placed upon the ballot. All candidates shall declare in writing their party
affiliation, if any, to the board of supervisors, and such party affiliation shall
be shown on the official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) In the first meeting in
January of each year, the county election commissioners shall organize by electing
a chair and a secretary, who shall serve a one * * *-year term. The county election commissioners
shall provide the names of the chair and secretary to the Secretary of State and
provide notice of any change in officers which may occur during the year.
(6) It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.
(7) A person elected as an election commissioner is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as an election commissioner, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 18. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
37-5-7. (1) On the first
Tuesday after the first Monday in May * * * 1954, an election shall be held in each county
in this state in the same manner as general state and county elections are held
and conducted, which election shall be held for the purpose of electing the
county boards of education established under the provisions of this chapter.
At such election, the members of the said board from Supervisors Districts * * * 1 and * * * 2 shall be elected for the term
expiring on the first Monday of January * * * 1957; members of the board from Supervisors
Districts * * *
3 and * * *
4 shall be elected for a term expiring on the first Monday of January * * * 1959; and the member of the board from Supervisors
District * * *
5 shall be elected for a term expiring on the first Monday of January * * * 1955. Except as otherwise provided in subsection
(2), all subsequent members of the board shall be elected for a term of six (6)
years at the regular general election held on the first Monday in November next
preceding the expiration of the term of office of the respective member or
members of such board. All members of the county board of education as herein
constituted, shall take office on the first Monday of January following the
date of their election.
(2) On the first Tuesday
after the first Monday in November, in any year in which any county shall elect
to utilize the authority contained in Section 37-5-1(2), an election shall be
held in each such county in this state for the purpose of electing the county
boards of education in such counties. At said election the members of the said
county board of education from Districts * * * 1 and * * * 2 shall be elected for a term of
four (4) years, the members from Districts * * * 3 and * * * 4 shall be elected for a term of
six (6) years, and the member from District * * * 5 shall be elected for a term of
two (2) years. Thereafter, members shall be elected at general elections as
vacancies occur for terms of six (6) years each. All members of the county
board of education shall take office on the first Monday of January following
the date of their election.
A person elected to the county board of education is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as a county board of education member, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
(3) (a) Current members of the Board of Trustees of the Greenwood Public School District serving on November 1, 2017, shall continue in office as the new County Board of Education of the Greenwood-Leflore School District until their successors are elected as follows:
(i) The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;
(ii) The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and
(iii) One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.
(b) All subsequent members shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective members, and shall take office on January 1 next succeeding the election.
(4) On the first Tuesday after the first Monday in November 2017, an election shall be held in Holmes County for the purpose of electing the county board of education in the new Holmes County Consolidated School District. At the election, the members of the said county board of education shall be elected from single member board of education districts, which shall be consistent with the supervisors district lines in the county, and shall be elected for an initial term of six (6) years. Subsequent elections for the Holmes County Board of Education shall be held on the first Tuesday after the first Monday in November 2023 and every four (4) years thereafter at the same time and manner as other general elections are held, and the member shall be elected for a term of four (4) years. All members of the county board of education in the new Holmes County Consolidated School District shall take office on the first Monday of January following the date of their election.
(5) On the first Tuesday after the first Monday in November 2023, an election shall be held in Chickasaw County for the purpose of electing the county board of education in the new Chickasaw County School District. The board of supervisors shall declare and designate posts for each member of the new board. At said election, the members of the said county board of education from Posts One and Two shall be elected for a term of four (4) years, the members from Posts Three and Four shall be elected for a term of three (3) years and the member from Post Five shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of four (4) years each. All members of the county board of education in the new Chickasaw County School District shall take office on the first Monday of January following the date of their election.
SECTION 19. Section 65-1-3, Mississippi Code of 1972, is amended as follows:
65-1-3. There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court Districts of the state. Only qualified electors who are citizens of the Supreme Court District in which he or she seeks election for five (5) years immediately preceding the day of the election shall be eligible for such office; however, the five-year citizen requirement shall apply to elections held from and after January 1, 2020.
On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, State Highway Commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of State Highway Commissioners. The State Highway Commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified.
If any one or more of the State Highway Commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court District in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a State Highway Commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.
A person elected as a Transportation Commissioner is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as a Transportation Commissioner, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
Each of said State Highway Commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.
From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi Transportation Commissioners.
SECTION 20. Section 77-1-1, Mississippi Code of 1972, is amended as follows:
77-1-1. A public service commission, hereinafter referred to in this chapter as the commission, is hereby created, consisting of three (3) members, one (1) to be elected from each of the three (3) Supreme Court districts by the qualified electors of such district. Elections for such officers shall be held in the general election in November 1959, and every four (4) years thereafter, and the terms of office of the three (3) commissioners elected at the general election in November 1959 shall expire on December 31, 1963.
The commissioners shall each receive a yearly salary fixed by the Legislature, payable monthly.
The commissioners shall each possess the qualifications prescribed for the Secretary of State. The commissioners shall not operate, own any stock in, or be in the employment of any telephone company, gas or electric utility company, or any other public utility that shall come under their jurisdiction or supervision.
A person elected as public service commissioner is eligible to succeed himself or herself in office; however, after serving two (2) or more full and consecutive terms as a public service commissioner, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full term shall not be included in the term limitation set forth in this section.
SECTION 21. This act shall take effect and be in force from and after July 1 in the year following the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in HCR____, 2022 Regular Session.