MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Apportionment and Elections
By: Representative Wallace
AN ACT TO AMEND SECTION 23-15-785, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR PRESIDENTIAL CANDIDATES FROM SIXTY DAYS BEFORE THE ELECTION TO NINETY DAYS BEFORE THE ELECTION; TO AMEND SECTION 37-7-211, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR BOARDS OF TRUSTEE OF SCHOOL DISTRICTS FROM NOT MORE THAN NINETY AND NOT LESS THAN SIXTY DAYS BEFORE THE ELECTION TO NOT MORE THAN ONE HUNDRED TWENTY DAYS AND NOT LESS THAN NINETY DAYS BEFORE THE ELECTION; TO AMEND SECTION 37-5-9, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR COUNTY BOARDS OF EDUCATION FROM NOT MORE THAN NINETY AND NOT LESS THAN SIXTY DAYS BEFORE THE ELECTION TO NOT MORE THAN ONE HUNDRED TWENTY DAYS AND NOT LESS THAN NINETY DAYS BEFORE THE ELECTION; TO AMEND SECTIONS 37-7-225 AND 37-7-711, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-785, Mississippi Code of 1972, is amended as follows:
23-15-785. (1) When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1,000) qualified voters of this state.
(2) The certificate of
nomination by a political party convention must be signed by the presiding
officer and secretary of the convention and by the chairman of the state
executive committee of the political party making the nomination. Any
nominating petition, to be valid, must contain the signatures as well as the
addresses of the petitioners. The certificates and petitions must be filed
with the State Board of Election Commissioners by filing them in the Office of
the Secretary of State by 5:00 p.m. not less than * * * ninety (90) days previous to
the day of the election.
(3) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached to the certificate or petition when it is filed with the State Board of Election Commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such for ______ for President and _______ for Vice President of the United States" (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached).
(4) The State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "PRESIDENTIAL ELECTORS FOR (here insert the name of the candidate for President, the word 'AND' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on the official ballots, and a vote cast therefor shall be counted and shall be in all respects effective as a vote for each of the presidential electors representing those candidates for President and Vice President of the United States. In the case of unpledged electors, the State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "UNPLEDGED ELECTOR(S) (here insert the name(s) of individual unpledged elector(s) if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name(s) of the elector(s) rather than a slate of electors)."
SECTION 2. Section 37-7-211, Mississippi Code of 1972, is amended as follows:
37-7-211. (1) The name of
any qualified elector who is otherwise eligible under the provisions of
subsection (1) of Section 37-7-203 who shall desire to be a candidate for the
office of trustee must qualify in the following manner in order to be allowed
to be considered for election. By 5:00 p.m. no more than * * * one hundred twenty (120)
days and not less than * * * ninety (90) days before the election, he shall file with
the county election commissioners a petition signed by not less than fifty (50)
qualified electors of the area represented by the office which he seeks, either
for a full term or an unexpired term, as the case may be, and an affidavit by
the candidate offering for election stating his qualifications under the terms
of the section. Where there are less than one hundred (100) qualified electors
in said area represented by the trustee, it shall only be required that said
petition of nomination be signed by at least twenty percent (20%) of the
qualified electors in said area. The petition shall contain an affidavit
certifying that all signatures are the personal signatures of each person whose
name appears on the petition and that each person is a qualified elector.
(2) Unless the petition and
affidavit required in subsection (1) of this section are filed by 5:00 p.m. not
less than * * *
ninety (90) days prior to the election, the name of the candidate shall
not be considered in the election, and votes cast for any person who has failed
to qualify shall not be counted in the election.
(3) If after the time for candidates to file the petition and affidavit provided for in this section there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
SECTION 3. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. The name of any
qualified elector who is a candidate for the county board of education shall be
placed on the ballot used in the general elections by the county election
commissioners, provided that the candidate files with the county election
commissioners, not more than * * * one hundred twenty (120)
days and not less than * * * ninety (90) days prior to the date of such general
election, a petition of nomination signed by not less than fifty (50) qualified
electors of the county residing within each supervisor's district.
Where there are less than one hundred (100) qualified electors in said
supervisor's district, it shall only be required that said petition of
nomination be signed by at least twenty percent (20%) of the qualified electors
of such supervisor's district. The candidate in each supervisor's
district who receives the majority of votes cast in the district shall be
declared elected. If no candidate receives a majority of the votes cast at the
election, a runoff shall be held between the two (2) candidates receiving the
highest number of votes in the first election. The runoff election, in the
event that such is necessary, shall be held four (4) weeks after the first
election.
When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the majority of votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held four (4) weeks after the first election.
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 4. Section 37-7-225, Mississippi Code of 1972, is amended as follows:
37-7-225. The county
election commissioners shall place the name of any person eligible to hold the
office of trustee on the ballot used in the election, provided that such
candidate shall have filed with the county registrar, not more than * * * one hundred twenty (120)
days and by 5:00 p.m. not less than * * * ninety (90) days prior to the
date of such election, a petition of nomination signed by not less than fifty
(50) qualified electors of the school district. Where there are less than one
hundred (100) qualified electors in said district, it shall only be required
that said petition of nomination be signed by at least twenty percent (20%) of
the qualified electors of such school district. If such person be a candidate
for an unexpired term, he shall indicate the term for which he is a candidate
in such petition; otherwise he shall be deemed to be a candidate for a full
term.
If after the time for candidates to file the petition of nomination provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
SECTION 5. Section 37-7-711, Mississippi Code of 1972, is amended as follows:
37-7-711. In all such
special municipal separate school districts which may be so organized,
reorganized or reconstituted to embrace the entire county in which the majority
of the inhabitants of the county reside outside the corporate limits of the
municipality, the name of any qualified elector who is a candidate for the
board of trustees of such special municipal separate school district, whether
such person be a candidate for an unexpired term or for a full term, shall be
placed on the ballot used in the elections, provided that the candidate files
with the county election commissioners, not more than * * * one hundred twenty (120) days
and not less than * * * ninety (90) days prior to the date of such general
election, a petition of nomination signed by not less than fifty (50) qualified
electors of the county. Where there are less than one hundred (100) qualified
electors in said area represented by the trustee, it shall only be required that
said petition of nomination be signed by at least twenty percent (20%) of the
qualified electors in said area. However, in any such special municipal
separate school district which embraces the entire county and which borders the
Mississippi River and in which Interstate Highway 20 and United States Highway
61 intersect and having a population in excess of forty-seven thousand (47,000)
according to the 1990 federal decennial census, the candidate shall be required
to file a petition of nomination with the county election commissioners not
less than * * *
ninety (90) days prior to the date of such general election, in addition
to the other requirements prescribed herein.
The candidate in each election who receives the majority of votes cast in the election shall be declared to have been elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held four (4) weeks after the first election.
SECTION 6. This act shall take effect and be in force from and after July 1, 2025.