MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Apportionment and Elections; Constitution
By: Representative Miles
AN ACT TO AMEND SECTION 23-15-193, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR ELECTED STATE, DISTRICT AND COUNTY OFFICIALS TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR COUNTY JUDGES TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 19-31-9, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR MEMBERS OF THE BOARD OF DIRECTORS FOR A PUBLIC IMPROVEMENT DISTRICT TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 21-8-7, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR MAYORS AND COUNCIL MEMBERS FOR A MUNICIPALITY OPERATING UNDER A MAYOR-COUNCIL FORM OF GOVERNMENT TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF MUNICIPAL PRIMARIES TO THE FIRST SATURDAY IN MAY; TO AMEND SECTION 23-15-173, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF A GENERAL MUNICIPAL ELECTION TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN JUNE; TO AMEND SECTION 23-15-191, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF THE FIRST PRIMARIES TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN AUGUST; TO AMEND SECTIONS 23-15-637 AND 23-15-715, MISSISSIPPI CODE OF 1972, TO CONFORM THE TIME FOR CASTING AN ABSENTEE BALLOT TO THE PRECEDING SECTIONS; TO AMEND SECTION 23-15-833, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF THE REGULAR SPECIAL ELECTION TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EACH YEAR; TO AMEND SECTION 23-15-1031, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF THE FIRST PRIMARY ELECTION FOR CONGRESSMEN TO THE FIRST SATURDAY IN JUNE OF THE YEARS IN WHICH CONGRESSMEN ARE ELECTED; TO AMEND SECTION 37-5-7, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR COUNTY BOARDS OF EDUCATION TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN MAY; TO AMEND SECTION 37-7-207, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR SCHOOL BOARD TRUSTEES TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN MAY; TO AMEND SECTIONS 37-7-215, 37-7-223 AND 37-7-227, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR SCHOOL BOARD TRUSTEES TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER; TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 1972, TO CHANGE THE DAY OF ELECTION FOR MEMBERS OF THE STATE HIGHWAY COMMISSION TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN MAY; TO BRING FORWARD SECTION 9-4-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. On the first
Saturday after the first Monday in November at the general election
in * * * 2015,
and every four (4) years thereafter, there shall be elected a Governor,
Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State
Treasurer, Attorney General, three (3) public service commissioners, three (3)
Mississippi Transportation Commissioners, Commissioner of Insurance,
Commissioner of Agriculture and Commerce, Senators and members of the House of
Representatives in the Legislature, district attorneys for the several
districts, clerks of the circuit and chancery courts of the several counties,
as well as sheriffs, coroners, assessors, surveyors and members of the boards
of supervisors, justice court judges and constables, and all other officers to
be elected by the people at the general state election. All such officers shall
hold their offices for a term of four (4) years, and until their successors are
elected and qualified. The state officers shall be elected in the manner
prescribed in Section 140 of the Constitution.
SECTION 2. Section 9-9-5, Mississippi Code of 1972, is amended as follows:
9-9-5. (1) The county judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. In the event of the establishment of a county court by agreement between two (2) or more counties as provided in Section 9-9-3, the judge of said court may be a qualified elector of any one (1) of said counties, and shall have such other qualifications as provided for by law. The county judge shall be elected by the qualified electors of his county at the time and in the manner as circuit judges are elected and he shall hold office for the same term. Vacancies in the office of county judge shall be filled in the same manner as vacancies in the office of circuit judge.
(2) Provided, however, that in any county having a total population in excess of eleven thousand (11,000) according to the 1970 federal decennial census and a total assessed valuation of real and personal property of not less than Sixteen Million Dollars ($16,000,000.00) and not more than Seventeen Million Dollars ($17,000,000.00) and in which Mississippi Highway 4 and United States Highway 61 intersect, in which there is a vacancy in the post of county judge resulting from the failure of a candidate to qualify for that post, the board of supervisors of such county may, upon certification of such vacancy to the board, appoint a county judge to serve out the term so vacated who shall be a licensed attorney from such county or an adjoining county. The compensation of such attorney shall be the same he would have otherwise received if elected.
(3) In the event that any
county wherein is located a state hospital and wherein U.S. Highway 80 and
Mississippi Highway 43 intersect shall establish a county court, the county
judge of such county shall be elected at the general election to be held on * * *
Saturday after the
first Monday of November * * * 19822015, after qualifying therefor as provided by
law. Provided, however, that the board of supervisors of such county may
appoint a county judge who shall be a licensed attorney from such county until
the office of county judge shall be filled pursuant to said election.
SECTION 3. Section 19-31-9, Mississippi Code of 1972, is amended as follows:
19-31-9. (1) The board of the district shall exercise the powers granted to the district pursuant to this chapter. The board shall consist of five (5) members as otherwise provided in this section. Each member shall hold office for an initial term of six (6) years and until a successor is chosen and qualifies. The initial members of the board shall be residents of the state, and at least one (1) of the initial members shall be either a qualified voter within the district or an individual resident of the area immediately adjacent to the district. Upon appointment or election, the board members shall elect a chair who shall conduct board meetings.
(2) (a) Beginning six (6)
years after the initial appointment of members, the position of each member
whose term has expired shall be filled by a qualified voter of the district,
elected by the qualified voters of the district. There shall be an election of
members every six (6) years from the date of the ordinance establishing the
district. The district manager shall determine the date and time of the
election, which election * * *
shall be held at least twenty (20) days before the anniversary date of the
ordinance establishing the district on the first Saturday of the month in
which the date is set. If a contribution agreement exists, then the
governing body of the public entity that is a party to the contribution
agreement may appoint one (1) of the five (5) members to the board of the
district at the time of the election in lieu of electing that member.
(b) Candidates must qualify in writing by submitting a "Statement of Intent," as prescribed in this paragraph, to the district manager thirty (30) days before the election. The district manager shall prepare a ballot of all candidates qualified to run for office twenty-eight (28) days before the election.
Statement of Intent
Candidate for (insert name of district) Public Improvement District
I, (name of candidate as it will appear on the ballot),
(mailing address, street address, city, state, zip code, telephone number of the candidate), certify that I am a qualified voter, as defined in Section 19-31-5, Mississippi Code of 1972, of the (insert name of public improvement district) Public Improvement District in the State of Mississippi; and I do hereby declare my candidacy for Board of the (insert name of public improvement district) Public Improvement District at the election to be held on (insert date of election).
____________________________________
(Signature of candidate) (Date)
Received by _____________________________________________
(Signature) (Title) (Date)
(c) Notice of the election shall be announced at a public meeting of the board at least ninety (90) days before the date of the election and shall be published once a week for two (2) consecutive weeks in a newspaper which is in general circulation in the area of the district, the last day of such publication to be not fewer than fourteen (14) days nor more than twenty-eight (28) days before the election. In addition, notice of the election shall be sent by United States first-class mail, not fewer than fourteen (14) days before the election, to all qualified voters at their last known address as shown on the tax rolls. Instructions on how all qualified voters may participate in the election, along with sample proxies, shall be provided as part of the notice required by this paragraph, and the location, date and time of the election shall be included on all instructions and notices.
(d) Each qualified voter shall be entitled to cast only one (1) ballot to elect each of the board members, regardless of the number of parcels owned by that voter within the district. Parcels may not be aggregated for determining the number of ballots allowed to be cast by a qualified voter. A list of qualified voters in the form of a voter roll must be kept current by the district manager and deemed final thirty (30) days before the election.
(e) A qualified voter may vote in person or by proxy in writing. A vote cast by proxy must be submitted at or within fourteen (14) days before the election and must be submitted in the form prescribed in this section. Each proxy must be signed
by the qualified voter for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy and the street address, legal description of the property or the property's tax parcel identification number. The signature on a proxy need not be notarized. All votes cast by proxy must be reflected in the voter roll.
Proxy for Election
(Insert name of district) Public Improvement District
I,____________________________________, (name of qualified voter); _________________________________________________(street address); _____________________________________________ (legal description); ______________________________ (tax parcel identification number).
[NOTE: To be considered, this proxy must contain at least one (1) of either: the street address; legal description; or tax parcel identification number.]
1. Do constitute and appoint ______________________ _____________________ (name), attorney and agent for me, and in my name, place and stead, to vote as my proxy for the election of members of the Board of Directors of the (name of district) Public Improvement District on (insert date), at the (insert voting location/facility name with street address); OR (only choose one)
2. Do hereby cast my vote for: ______________________________________ [print or type name of person being voted for – PLEASE NOTE THAT YOUR VOTE MUST BE FOR A QUALIFIED VOTER (AS DEFINED IN MISSISSIPPI CODE SECTION 19-31-5) OF THE DISTRICT. A QUALIFIED VOTER MEANS ANY LANDOWNER OF THE DISTRICT WHO IS AT LEAST EIGHTEEN (18) YEARS OF AGE OR AN AUTHORIZED REPRESENTATIVE OF THE LANDOWNER WHO IS ALSO AT LEAST EIGHTEEN (18) YEARS OF AGE.] to be elected as a member of the Board of Directors of the (name of district) Public Improvement District for a term beginning (date of term) and ending six (6) years from that date or until a successor is chosen.
I understand that I have the right to revoke this proxy at any time before the election. I understand that I have the right to be present in person at the election.
I have executed this proxy on (insert date).
__________________________________
(Printed Name of Qualified Voter)
__________________________________
(Signature of Qualified Voter)
(f) A qualified voter may cast only one (1) vote for each of the five (5) board member positions. When a qualified voter casts a vote for the same person more than once, only one (1) of the votes cast for that person will be counted. When a qualified voter casts more votes to elect board members than he or she is entitled to cast, all votes are invalid, and the qualified voter is deemed to have voted for none of them. When a qualified voter casts fewer votes to elect board members than he or she is entitled to cast, all votes cast by the qualified voter must be counted, but no votes shall be counted more than once.
(g) If a board member dies, resigns or otherwise is prevented from serving as a board member, the board of the district shall appoint a member to fill the remainder of the board member's term. If no qualified voter is willing to serve on the board of the district, the governing body that established the district shall appoint members as necessary to fill any vacancy for the remainder of the term.
(3) Members of the board shall be known as directors and, upon entering into office, shall take an oath of office. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
(4) A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members present unless general law or a rule of the district requires a greater number. If a quorum cannot be obtained in a board meeting, the governing body that established the district shall appoint members as necessary to replace any board member missing three (3) consecutive meetings.
(5) As soon as practicable after each election or appointment, the board shall organize by electing one (1) of its members as chair and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.
(6) The board shall keep a permanent minute book in which shall be recorded minutes of all meetings, resolutions, ordinances, proceedings and all corporate acts.
(7) Members of the board may receive per diem compensation for services in an amount as provided under Section 25-3-69, and shall be entitled to expenses necessarily incurred in the discharge of their duties in accordance with Section 25-3-41. Any payments for compensation and expenses shall be paid from funds of the district.
SECTION 4. Section 21-8-7, Mississippi Code of 1972, is amended as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise
provided in subsection (4) of this section, the mayor and council members shall
be elected by the voters of the municipality at a regular municipal election
held on the first * * * Saturday
after the first Monday in June as provided in Section 21-11-7, and shall serve
for a term of four (4) years beginning on the first day of July next following
the election that is not on a weekend.
(3) The terms of the initial mayor and council members shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form of government.
(4) (a) The council shall consist of five (5), seven (7) or nine (9) members. In the event there are five (5) council members, the municipality shall be divided into either five (5) or four (4) wards. In the event there are seven (7) council members, the municipality shall be divided into either seven (7), six (6) or five (5) wards. In the event there are nine (9) council members, the municipality shall be divided into seven (7) or nine (9) wards. If the municipality is divided into fewer wards than it has council members, the other council member or members shall be elected from the municipality at large. The total number of council members and the number of council members elected from wards shall be established by the petition or petitions presented pursuant to Section 21-8-3. One (1) council member shall be elected from each ward by the voters of that ward. Council members elected to represent wards must be residents of their wards at the time of qualification for election, and any council member who removes the member's residence from the municipality or from the ward from which elected shall vacate that office. However, any candidate for council member who is properly qualified as a candidate under applicable law shall be deemed to be qualified as a candidate in whatever ward the member resides if the ward has changed after the council has redistricted the municipality as provided in paragraph (c)(ii) of this subsection (4), and if the wards have been so changed, any person may qualify as a candidate for council member, using the person's existing residence or by changing the person's residence, not less than fifteen (15) days before the first party primary or special party primary, as the case may be, notwithstanding any other residency or qualification requirements to the contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more before the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days before the first party primary.
(ii) If the publication of the most recent decennial census occurs less than six (6) months before the first primary of a general municipal election, the election shall be held with regard to the existing defined wards; reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected.
(d) If annexation of additional territory into the municipal corporate limits of the municipality occurs less than six (6) months before the first party primary of a general municipal election, the council shall, by ordinance adopted within three (3) days of the effective date of the annexation, assign the annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the municipality by ordinance, as required by this chapter, shall not serve as the basis for representation until the next regularly scheduled election for municipal council members.
(5) Vacancies occurring in the council shall be filled as provided in Section 23-15-857.
(6) The mayor shall maintain an office at the city hall. The council members shall not maintain individual offices at the city hall; however, in a municipality having a population of one hundred thousand (100,000) and above according to the latest federal decennial census, council members may have individual offices in the city hall. Clerical work of council members in the performance of the duties of their office shall be performed by municipal employees or at municipal expense, and council members shall be reimbursed for the reasonable expenses incurred in the performance of the duties of their office.
SECTION 5. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Municipal
primary elections shall be held on the first * * * Saturday in May preceding the
general municipal election and, in the event a second primary shall be
necessary, such second primary shall be held on the third * * *
Saturday in May
preceding such general municipal election. At such primary election the
municipal executive committee shall perform the same duties as are specified by
law and performed by members of the county executive committee with regard to
state and county primary elections. Each municipal executive committee shall
have as many members as there are elective officers of the municipality, and
such members of the municipal executive committee of each political party shall
be elected in the primary elections held for the nomination of candidates for
municipal offices. The provisions of this section shall govern all municipal
primary elections as far as applicable, but the officers to prepare the ballots
and the managers and other officials of the primary election shall be appointed
by the municipal executive committee of the party holding such primary, and the
returns of such election shall be made to such municipal executive committee.
Vacancies in the executive committee shall be filled by it.
(2) Provided, however, that in municipalities operating under a special or private charter which fixes a time for holding elections, other than the time fixed by Chapter 491, Laws of 1950, the first primary election shall be held exactly four (4) weeks before the time for holding the general election, as fixed by the charter, and the second primary election, where necessary, shall be held two (2) weeks after the first primary election, unless the charter of any such municipality provides otherwise, in which event the provisions of the special or private charter shall prevail as to the time of holding such primary elections.
(3) All primary elections in municipalities shall be held and conducted in the same manner as is provided by law for state and county primary elections.
SECTION 6. Section 23-15-173, Mississippi Code of 1972, is amended as follows:
23-15-173. (1) A general
municipal election shall be held in each city, town or village on the first * * * Saturday after the first Monday
of June * * * 2017,
and every four (4) years thereafter, for the election of all municipal officers
elected by the people.
(2) All municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections.
SECTION 7. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first * * * Saturday after the first Monday
of August preceding any regular or general election; and the second primary
shall be held three (3) weeks thereafter on a Saturday. Any candidate
who receives the highest popular vote cast for the office which he seeks in the
first primary shall thereby become the nominee of the party for such office;
provided also it be a majority of all the votes cast for that office. If no
candidate receive such majority of popular votes in the first primary, then the
two (2) candidates who receive the highest popular vote for such office shall
have their names submitted as such candidates to a second primary, and the
candidate who leads in such second primary shall be nominated to the office.
When there is a tie in the first primary of those receiving the next
highest vote, these two (2) and the one (1) receiving the highest vote, none
having received a majority, shall go into the second primary, and whoever leads
in such second primary shall be entitled to the nomination.
SECTION 8. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. Absentee ballots
received by mail, except presidential ballots as provided for in
Sections 23-15-731 and 23-15-733 and except as otherwise provided by Section 23-15-699,
must be received by the registrar by 5:00 p.m. on the date preceding the
election; any received after such time shall be handled as provided in Section
23-15-647 and shall not be counted. All ballots cast by the absent elector
appearing in person in the office of the registrar shall be cast not later than
12:00 noon on the * * *
Thursday immediately preceding elections held on Tuesday, the Thursday
immediately preceding elections held on Saturday, or the second day immediately
preceding the date of elections held on other days. The registrar shall
deposit all absentee ballots which have been timely cast in the ballot boxes
upon receipt.
SECTION 9. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:
(a) Not more than
forty-five (45) days nor later than 12:00 noon on * * * the Thursday immediately preceding elections held on
Saturday, or the second day immediately preceding the date of elections held on
other days, he shall appear in person before the registrar of the county in
which he resides, or for municipal elections he shall appear in person before
the city clerk of the municipality in which he resides and, when the elector so
appears, he shall execute and file an application as provided in Section 23-15-627
and vote by absentee ballot, except that if the ballot has not been printed by
forty-five (45) days preceding the election, the elector may appear and file an
application anytime before the election. Then the absentee ballot shall be
mailed by the circuit clerk to the elector as soon as the ballot has been
printed.
(b) Within forty-five
(45) days next prior to any election, any elector who cannot comply with
paragraph (a) of this section by reason of temporarily residing outside the
county, or any person who has a temporary or permanent physical disability,
persons who are sixty-five (65) years of age or older, or any person who is the
parent, spouse or dependent of a temporarily or permanently physically disabled
person who is hospitalized outside of his county of residence or more than
fifty (50) miles away from his residence and such parent, spouse or dependent
will be with such person on election day, may make application for an absentee
ballot by mailing the appropriate application to the registrar. Only persons
temporarily residing out of the county of their residence, persons having a
temporary or permanent physical disability, persons who are sixty-five (65)
years of age or older, or any person who is the parent, spouse or dependent of
a temporarily or permanently physically disabled person who is hospitalized
outside of his county of residence or more than fifty (50) miles away from his
residence, and such parent, spouse or dependent will be with such person on
election day, may obtain absentee ballots by mail under the provisions of this * * * paragraph and as provided by
Section 23-15-713. Applications of persons temporarily residing outside the
county shall be sworn to and subscribed before an official who is authorized to
administer oaths or other official authorized to witness absentee balloting as
provided in this chapter, said application to be accompanied by such verifying
affidavits as required by this chapter. The applications of persons having a
temporary or permanent physical disability shall not be required to be
accompanied by an affidavit but shall be witnessed and signed by a person
eighteen (18) years of age or older. The registrar shall send to such absent
voter a proper absentee voter ballot within twenty-four (24) hours, or as soon
thereafter as the ballots are available, containing the names of all candidates
who qualify or the proposition to be voted on in such election, and with such
ballot there shall be sent an official envelope containing upon it in printed
form the recitals and data hereinafter required.
SECTION 10. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as otherwise
provided by law, the first * * * Saturday after the first Monday
in November of each year shall be designated the regular special election day,
and on that day an election shall be held to fill any vacancy in county, county
district, and district attorney elective offices, and any vacancy in the office
of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in such election, then a runoff election shall be held three (3) weeks after such election and the two (2) candidates who receive the highest popular votes for such office shall have their names submitted as such candidates to the said runoff and the candidate who leads in such runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in such runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates.
At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
SECTION 11. Section 23-15-1031, Mississippi Code of 1972, is amended as follows:
23-15-1031. Except as may
be otherwise provided by Section 23-15-1081, the first primary election for
congressmen shall be held on the first * * * Saturday in June of the years in
which congressmen are elected, and the second primary, when one is necessary,
shall be held three (3) weeks thereafter. Each year in which a presidential
election is held, the congressional primary shall be held as provided in
Section 23-15-1081. The election shall be held in all districts of the state
on the same day. Candidates for United States Senator shall be nominated at
the congressional primary next preceding the general election at which a
senator is to be elected and in the same manner that congressmen are nominated,
and the chairman and secretary of the State Executive Committee shall certify
the vote for United States Senator to the Secretary of State in the same manner
that county executive committees certify the returns of counties in general
state and county primary elections.
SECTION 12. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
37-5-7. (1) On the first * * * Saturday after the first Monday
in * * *
November 2015, an election shall be held in each county in this
state in the same manner as general state and county elections are held and
conducted, which election shall be held for the purpose of electing the county
boards of education established under the provisions of this chapter. * * *
All
members of the * * *
board * * * shall
be elected for a term of six (6) years at the regular general election held on
the first * * * Saturday
in November * * *. All members of the county board of education
as herein constituted, shall take office on the first Monday of January
following the date of their election.
(2) On the first * * *
Saturday after
the first Monday in November, in any year in which any county shall elect to
utilize the authority contained in Section 37-5-1(2), an election shall be held
in each such county in this state for the purpose of electing the county boards
of education in such counties. At * * * the election the members of
the * * * county
board of education from Districts One and Two shall be elected for a term of
four (4) years, the members from Districts Three and Four shall be elected for
a term of six (6) years, and the member from District Five shall be elected for
a term of (2) years. Thereafter, members shall be elected at general elections
as vacancies occur for terms of six (6) years each. All members of the county
board of education shall take office on the first Monday of January following
the date of their election.
SECTION 13. Section 37-7-207, Mississippi Code of 1972, is amended as follows:
37-7-207. (1) All school districts reconstituted or created under the provisions of Article 1 of this chapter, and which lie wholly within one (1) county, but not including municipal separate and countywide districts, shall be governed by a board of five (5) trustees. The first board of trustees of such districts shall be appointed by the county board of education, and the original appointments shall be so made that one (1) trustee shall be appointed to serve until the first Saturday of March following such appointments, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer, and one (1) for four (4) years longer. After such original appointments, the trustees of such school districts shall be elected by the qualified electors of such school districts in the manner provided for in Sections 37-7-223 through 37-7-229, with each trustee to be elected for a term of five (5) years. The five (5) members of the board of trustees of such consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The board of trustees of any such consolidated school district shall apportion the consolidated school district into five (5) special trustee election districts. The board of trustees of such school district shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees shall thereafter publish the same in a newspaper of general circulation within said school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees, said new district lines shall thereafter be effective.
On the first Tuesday after the first Monday in November, in any year in which any consolidated school district shall elect to utilize the authority to create single member election districts, an election shall be held in each such district in this state for the purpose of electing the board of trustees of such district. At said election the member of the said board from District One shall be elected for a term of one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of five (5) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each. Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229. All members of the said board of trustees shall take office on the first Monday of January following the date of their election. All vacancies which may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately. Said appointee shall be selected from the qualified electors of the district in which the vacancy occurs. In the event the school district is under conservatorship and no members of the board of trustees remain in office, the Governor shall call a special election to fill the vacancies and the said election will be conducted by the county election commission.
(2) All school districts reconstituted and created under the provisions of Article 1 of this chapter, which embrace territory in two (2) or more counties, but not including municipal separate school districts, shall be governed by a board of five (5) trustees. In making the original appointments, the several county boards of education shall appoint the trustee or trustees to which the territory in such county is entitled, and, by agreement between the county boards concerned, one (1) person shall be appointed to serve until the first Saturday of March following, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer and one (1) for four (4) years longer. Thereafter, such trustees shall be elected as is provided for in Sections 37-7-223 through 37-7-229, for a term of five (5) years. The five (5) members of the board of trustees of such line consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The existing board of trustees of such line consolidated school district shall apportion the line consolidated school district into five (5) special trustee election districts. The board of trustees shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees shall thereafter publish the same in a newspaper of general circulation within said school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees, said new district lines shall thereafter be effective. Provided, however, that in any line consolidated school district encompassing two (2) or more counties created pursuant to Laws, 1953, Extraordinary Session, Chapter 12, Section 8, in which, as a condition precedent to the creation of said district, each county belonging thereto was contractually guaranteed to always have at least one (1) representative on said board, in order that said condition precedent may be honored and guaranteed, in any year in which the board of trustees of such line consolidated school district does not have at least one (1) member from each county or part thereof forming such district, the board of trustees in such district shall be governed by a board of a sufficient number of trustees to fulfill this guarantee, five (5) of whom shall be elected from the five (5) special trustee election districts which shall be as nearly equal as possible and one (1) member trustee appointed at large from each county not having representation on the elected board. In such cases, the board of supervisors of each county shall make written agreement to guarantee the manner of appointment of at least one (1) representative from each county in the district, placing such written agreement on the minutes of each board of supervisors in each county.
On the first * * * Saturday after the first Monday
in November, in any year in which any line consolidated school district shall
elect to utilize the authority to create single member election districts, an
election shall be held in each such district in this state for the purpose of
electing the board of trustees of such district. At said election the member
of the said board from District One shall be elected for a term of one (1)
year, the member from District Two shall be elected for a term of two (2)
years, the member from District Three shall be elected for a term of three (3)
years, the member from District Four shall be elected for a term of four (4)
years, and the member from District Five shall be elected for a term of five
(5) years. Thereafter, members shall be elected at general elections as
vacancies occur for terms of five (5) years each. Trustees elected from single
member election districts as provided above shall otherwise be elected as
provided for in Sections 37-7-223 through 37-7-229. All members of the said
board of trustees shall take office on the first Monday of January following
the date of their election. In all elections, the trustee elected shall be a
resident and qualified elector of the district entitled to the representation
upon the board, and he shall be elected only by the qualified electors of such
district. All vacancies which may occur during a term of office shall be
filled by appointment of the consolidated line school district trustees, but
the person so appointed shall serve only until the next general election
following such appointment, at which time a person shall be elected for the
remainder of the unexpired term at the same time and in the same manner as the
trustee is elected for the full term then expiring. The person so elected to
the unexpired term shall take office immediately. In the event the school
district is under conservatorship and no members of the board of trustees
remain in office, the Governor shall call a special election to fill the
vacancies and the said election will be conducted by the county election
commission.
SECTION 14. Section 37-7-215, Mississippi Code of 1972, is amended as follows:
37-7-215. All such
elections shall be held on the first * * * Saturday after the first Monday
in November and, except as otherwise provided in this chapter, in accordance
with procedures followed in regular general elections. In the event a runoff
is necessary, such runoff shall be held three (3) weeks thereafter.
SECTION 15. Section 37-7-223, Mississippi Code of 1972, is amended as follows:
37-7-223. All elections of
consolidated or consolidated line school district trustees shall be held on the
first * * * Saturday
after the first Monday in November of each year in the same manner as general
state and county elections are held and conducted.
SECTION 16. Section 37-7-227, Mississippi Code of 1972, is amended as follows:
37-7-227. (1) The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms. The candidate who receives a majority of the votes cast, either for a full term or for an unexpired term or terms, as indicated on the ballot, shall be declared elected, and the person or persons elected to a full term shall assume the duties of his office on the first day of January of the year following such election. The person or persons elected to an unexpired term(s) shall assume office immediately. If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner three (3) weeks after the election between the two (2) candidates receiving the highest number of votes upon the first ballot.
(2) Notwithstanding any
other provision of law, if an election for school board trustees occurs on a * * *
Saturday, during a
general election, any runoff for such election shall occur three (3) weeks
after the election.
SECTION 17. Section 65-1-3, Mississippi Code of 1972, is amended as follows:
65-1-3. There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.
On * * * Saturday after the first Monday
in November of the year * * * 19512015, and every four (4) years thereafter, state
highway commissioners shall be elected at the same time and in the same manner
as the Governor is chosen; and the laws governing primary elections and the
holding of general elections in this state shall apply to and govern the
nomination and election of state highway commissioners. The state highway
commissioners so elected shall enter upon the discharge of the duties of their
respective offices on the first Monday of January in the year next succeeding
the date of their election, and they shall serve for a term of four (4) years
and until their successors shall have been duly elected and qualified.
If any one or more of the state highway commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court district in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a state highway commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.
Each of said state highway commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.
From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi transportation commissioners.
SECTION 18. Section 9-4-5, Mississippi Code of 1972, is brought forward as follows:
9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district; provided, however, judges of the Court of Appeals who are elected to take office after the first Monday of January 2002, shall be elected from the Court of Appeals Districts described in subsection (5) of this section. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.
(2) (a) In order to provide that the offices of not more than a majority of the judges of said court shall become vacant at any one (1) time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Court of Appeals each candidate shall state the position number of the office to which he aspires and the election ballots shall so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
(c) In the year prior to the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the manner provided in this section in the district from which the incumbent Court of Appeals judge was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his election and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding such election.
(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term prior to the election to fill the remainder of said term according to provisions of Section 23-15-849, Mississippi Code of 1972.
(5) (a) The State of Mississippi is hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
SECTION 19. This act shall take effect and be in force from and after July 1, 2015.