MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Apportionment and Elections

By: Representative Eubanks

House Bill 1126

AN ACT TO PROVIDE THAT NO GOVERNMENT OFFICIAL OR ELECTION OFFICIAL SHALL SOLICIT, TAKE OR OTHERWISE ACCEPT FROM ANY PERSON, ANY CONTRIBUTION, DONATION OR ANYTHING ELSE OF VALUE FOR PURPOSES OF CONDUCTING STATE OR LOCAL ELECTIONS IN THIS STATE; TO PROVIDE THAT ALL COSTS AND EXPENSES RELATED TO CONDUCTING ELECTIONS SHALL BE PAID FOR WITH PUBLIC FUNDS; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  As used in this act, "person" means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, association, committee, corporation, whether or not operated for profit, or any other organization or group of persons acting in concert, or any other non-governmental third-party entity.

     SECTION 2.  (1)  Notwithstanding any other provision of law to the contrary, no government official or election official shall solicit, take or otherwise accept from any person, any contribution, donation or anything else of value for purposes of conducting state or local elections in this state.  All costs and expenses related to conducting elections shall be paid for with public funds.

     (2)  Nothing in this section shall prevent any state, county or municipal entity from applying for, accepting or using any grant that may be payable from federal funds available for the purpose of conducting state or local elections in this state as otherwise provided by law, except all new federal election funds shall be approved by the Legislature before such funds may be accepted or distributed by a person, group or entity charged by the state to conduct any official election occurring within the state.

     SECTION 3.  (1)  Any person who violates the provisions of this act shall be guilty of a felony and, upon conviction, shall be sentenced to pay a fine of up to Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than ten (10) years.

     (2)  The Secretary of State shall promulgate any rules and regulations as necessary to effectuate the provisions of this act.  

     SECTION 4.  It is the intent of the Legislature that every provision of this section shall operate with equal force and shall be severable one from the other and that, in the event that any provision of this section shall be held invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and the remaining provisions of this act deemed fully enforceable.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2022.