MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections; Judiciary A
By: Representative Eubanks
* AN ACT TO PROVIDE THAT RANKED-CHOICE VOTING MAY NOT BE USED TO ELECT OR NOMINATE ANY CANDIDATE TO ANY LOCAL, STATE OR FEDERAL ELECTED OFFICE IN THIS STATE; TO PROVIDE THAT ANY ELECTION USING RANKED-CHOICE VOTING IS INVALID; TO PROVIDE THE DEFINITION OF "RANKED-CHOICE" VOTING; TO PROVIDE THAT THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION IN AN APPROPRIATE COURT FOR SUCH DECLARATORY OR INJUNCTIVE RELIEF AS IS NECESSARY TO CARRY OUT THIS PROHIBITION; TO PROVIDE THAT A PERSON WHO IS AGGRIEVED BY A VIOLATION OF THIS CHAPTER MAY BRING A CIVIL ACTION IN AN APPROPRIATE COURT FOR DECLARATORY OR INJUNCTIVE RELIEF WITH RESPECT TO THE VIOLATION; TO PROVIDE CERTAIN EXEMPTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Ranked-choice voting may not be used to elect or nominate any candidate to any local, state or federal elected office in this state.
(2) Any existing or future ordinance enacted or adopted by a county, a municipality or any other local governmental entity which is in conflict with this section is void.
(3) Any election using ranked-choice voting is invalid. No official may be sworn into office on the basis of such election.
(4) For the purposes of this section, "ranked-choice" voting is defined as a method for casting and tabulating votes in which voters rank candidates for an office in order of preference, with tabulation proceeding in multiple rounds following the elimination of one or more candidates until either a single candidate receives a majority of votes cast or the number of candidates elected equals the number of offices to be filled, as applicable.
(5) (a) The Attorney General may bring a civil action in an appropriate court for such declaratory or injunctive relief as is necessary to carry out this section.
(b) A person who is aggrieved by a violation of this chapter may bring a civil action in an appropriate court for declaratory or injunctive relief with respect to the violation.
(c) For purposes of this section, "aggrieved persons" include, but are not limited to, candidates running for election under a ranked-choice election and their campaign committees, a voter who is expected to vote under a ranked-choice election and election officials who are expected to administer a ranked-choice election.
(d) In a civil action under this section, the court may allow the prevailing party reasonable attorney's fees, including litigation expenses, and costs.
(6) The prohibitions of this section do not apply to the internal processes of political parties such as conventions, the election of political party officers or other nonpublic decision making procedures by political parties.
SECTION 2. This act shall take effect and be in force from and after its passage.