MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Rules

By: Senator(s) Sojourner

Senate Resolution 11

A RESOLUTION TO AMEND SECTIONS 41, 42, 117, 128, 150, 154,  133, 173, AND 134, OF THE MISSISSIPPI CONSTITUTION OF 1890, TO ADD THE REQUIREMENT THAT CANDIDATES CANNOT RUN FOR CERTAIN ELECTED STATE OFFICE POSITIONS IF THEY WILL BE 75 YEARS OF AGE OR OLDER AT THE TIME OF ELECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Amend Section 41, Mississippi Constitution of 1890, to read as follows:

     "Section 41.  No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one (21) years, who shall be seventy-five (75) years of age or older at the time of election, and who shall not be a qualified elector of the state, and who shall not have been a resident citizen of the state for four (4) years, and within the district such person seeks to serve for two (2) years, immediately preceding his election.  The seat of a member of the House of Representatives shall be vacated on his removal from the district from which he was elected."

     SECTION 2.  Amend Section 42, Mississippi Constitution of 1890, to read as follows:

     "Section 42.  No person shall be a senator who shall not have attained the age of twenty-five (25) years, who shall be seventy-five (75) years of age or older at the time of election, who shall not have been a qualified elector of the state for four (4) years, and who shall not be an actual resident of the district or territory he may be chosen to represent for two (2) years before his election.  The seat of a senator shall be vacated upon his removal from the district from which he was elected."

     SECTION 3.  Amend Section 117, Mississippi Constitution of 1890, to read as follows:

     "Section 117.  The Governor shall be at least thirty (30) years of age, but shall not be seventy-five (75) years of age or older at the time of election, and shall have been a citizen of the United States twenty (20) years, and shall have resided in this state five (5) years next preceding the day of his election."

     SECTION 4.  Amend Section 128, Mississippi Constitution of 1890, to read as follows:

     "Section 128.  There shall be a Lieutenant Governor who shall be elected at the same time, in the same manner, and for the same term, and who shall possess the same qualifications and age requirements as required of the Governor.  Any person elected to the office of Lieutenant Governor shall be eligible to succeed himself in office, but no person who has been elected to the Office of Lieutenant Governor for two (2) successive terms shall be eligible to hold that office until one (1) term has intervened."

     SECTION 5.  Amend Section 150, Mississippi Constitution of 1890, to read as follows:

     "Section 150.  No personal shall be eligible to the office of judge of the Supreme Court who shall not have attained the age of thirty (30) years at the time of his appointment, who shall be seventy-five (75) years of age or older at the time of election, and who shall not have been a practicing attorney and a citizen of the state for five (5) years immediately preceding such appointment."

     SECTION 6.  Amend Section 154, Mississippi Constitution of 1890, to read as follows:

     "Section 154.  No person shall be eligible to the office of judge of the circuit court or of the chancery court who shall not have been a practicing lawyer for five (5) years and who shall not have attained the age of twenty-six (26) years, and who shall not have been five (5) years a citizen of this state."

     SECTION 7.  Amend Section 133, Mississippi Constitution of 1890, to read as follows:

     "Section 133.  There shall be a Secretary of State, who shall be elected as herein provided.  He shall be at least twenty-five (25) years of age, but shall not be seventy-five (75) years of age or older at the time of election, a citizen of the state five (5) years next preceding the day of his election, and he shall continue in office during the term of four (4) years, and shall be keeper of the capitol; he shall keep a correct register of all official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the Legislature, and he shall perform such other duties as may be required of him by law.  He shall receive such compensation as shall be prescribed."

     SECTION 8.  Amend Section 173, Mississippi Constitution of 1890, to read as follows:

     "Section 173.  There shall be an Attorney General elected at the same time and in the same manner as the Governor is elected, whose term of office shall be four (4) years and whose compensation shall be fixed by law.  The qualifications and age requirements for the Attorney General shall be the same as herein prescribed for judges of the circuit and chancery courts."

     SECTION 9.  Amend Section 134, Mississippi Constitution of 1890, to read as follows:

     "Section 134.  A State Treasurer and an Auditor of Public Accounts shall be elected as herein provided, who shall hold their office for the term of four (4) years, and shall possess the same qualifications and age requirements as required for the Secretary of State.  They shall receive such compensation as may be provided by law."

     SECTION 10.  This act shall take effect and be in force from and after July 1, 2023.