MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Elections

By: Senator(s) Tate, England, Hill

Senate Bill 2575

(As Passed the Senate)

AN ACT TO AMEND SECTION 23-15-973, MISSISSIPPI CODE OF 1972, TO PROHIBIT CIRCUIT JUDGES FROM ALLOWING ANY CANDIDATE FOR JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, CIRCUIT JUDGE OR CHANCELLOR TO ADDRESS THE PUBLIC DURING COURT TERMS; TO DELETE THE PROHIBITION AGAINST ANY CANDIDATE FOR JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS, CIRCUIT JUDGE OR CHANCELLOR ALIGNING HIMSELF OR HERSELF WITH ANY CANDIDATE OR CANDIDATES FOR ANY OTHER OFFICE OR WITH ANY POLITICAL FACTION OR ANY POLITICAL PARTY AT ANY TIME DURING ANY PRIMARY OR GENERAL ELECTION CAMPAIGN; TO DELETE THE PENALTY FOR DOING SO; TO AMEND SECTION 23-15-976, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION AGAINST A POLITICAL PARTY FUNDRAISING ON BEHALF OF OR ENDORSING A CANDIDATE OR OFFICE HOLDER OF A NONPARTISAN JUDICIAL OFFICE; TO DELETE THE PROHIBITION AGAINST A CANDIDATE OR CANDIDATE'S POLITICAL COMMITTEE FOR A NONPARTISAN JUDICIAL OFFICE ACCEPTING A CONTRIBUTION FROM A POLITICAL PARTY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-973, Mississippi Code of 1972, is amended as follows:

     23-15-973. * * *  It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of judge of the Supreme Court, judges of the Court of Appeals, circuit judge and chancellor to address the people during court terms.  In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations.  It shall be unlawful for any candidate for any of the offices mentioned in this section to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign.  Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote.  Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void. No judge of any circuit court may provide an opportunity for any candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge or chancellor to address the public during court terms.

SECTION 2.  Section 23-15-976, Mississippi Code of 1972, is amended as follows:

     23-15-976.  A judicial office is a nonpartisan office and a candidate for election thereto is prohibited from * * * campaigning or qualifying for such an office based on party affiliation. * * *  The Legislature finds that in order to ensure that campaigns for nonpartisan judicial office remain nonpartisan and without any connection to a political party, political parties and any committee or political committee affiliated with a political party shall not engage in fund‑raising on behalf of a candidate or officeholder of a nonpartisan judicial office, nor shall a political party or any committee or political committee affiliated with a political party make any contribution to a candidate for nonpartisan judicial office or the political committee of a candidate for nonpartisan judicial office, nor shall a political party or any committee or political committee affiliated with a political party publicly endorse any candidate for nonpartisan judicial office.  No candidate or candidate's political committee for nonpartisan judicial office shall accept a contribution from a political party or any committee or political committee affiliated with a political party.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.

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