Bill Text: MS HB1030 | 2013 | Regular Session | Introduced
Bill Title: Statewide sales tax increase of one-half cent; authorize an election on question of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB1030 Detail]
Download: Mississippi-2013-HB1030-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Apportionment and Elections; Ways and Means
By: Representative Johnson
House Bill 1030
AN ACT TO REQUIRE A STATEWIDE ELECTION ON THE QUESTION OF INCREASING SALES TAX BY ONE-HALF CENT; TO PROVIDE THAT SUCH ELECTION SHALL BE A SPECIAL ELECTION HELD ON NOVEMBER 5, 2013; TO PROVIDE THAT THE ELECTION SHALL BE ADMINISTERED BY MEANS OF BALLOTS, WHICH SHALL BE PROVIDED BY THE SECRETARY OF STATE TO THE ELECTION COMMISSIONERS OF EACH COUNTY; TO PROVIDE THAT THE SECRETARY OF STATE SHALL DETERMINE WHETHER, IN EACH COUNTY, IT WOULD BE MORE EFFICIENT TO ADMINISTER THE ELECTION BY PAPER BALLOTS, VOTING MACHINES, ELECTRONIC VOTING SYSTEMS, OPTICAL MARK READING EQUIPMENT OR OTHER MECHANIZED EQUIPMENT; TO PROVIDE THAT EVERY INDIVIDUAL WHO MAKES CONTRIBUTIONS TO OR EXPENDITURES IN SUPPORT OF, OR IN OPPOSITION TO A PROPOSITION PRESENTED TO THE ELECTORATE IN THE STATEWIDE SPECIAL ELECTION FOR THE PROPOSED SALES TAX INCREASE, IN AMOUNTS AGGREGATING IN EXCESS OF TWO HUNDRED DOLLARS, SHALL FILE ALL CAMPAIGN FINANCE REPORTS AS REQUIRED BY LAW; TO AMEND SECTION 23-15-805, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There shall be a statewide special election for the purpose of determining whether the State of Mississippi should impose an additional state sales tax in the amount of one-half cent (1/2¢) with the revenue derived therefrom to be used for the sole purpose of providing additional funds for the repair, maintenance, construction and reconstruction of highways, roads and streets in this state. The election shall be held on November 5, 2013, and shall be conducted in the same manner as regular general elections are held, except as otherwise provided in subsection (2) of this section. The question put before the voters at such statewide special election shall read on the ballots as follows:
"PLEASE VOTE FOR PROPOSITION 'A' OR PROPOSITION 'B':
PROPOSITION 'A'
YES, I SUPPORT A ONE-HALF CENT (1/2¢) SALES TAX INCREASE.
PROPOSITION 'B'
NO, I DO NOT SUPPORT A ONE-HALF CENT (1/2¢) SALES TAX INCREASE.
The qualified electors may indicate their preference on the line following the proposition that they prefer.
The preference of a majority of the qualified electors voting in the election shall determine whether there should be imposed an additional state sales tax in the amount of one-half cent (1/2¢) with the revenue derived therefrom to be used for the sole purpose of providing additional funds for the repair, maintenance, construction and reconstruction of highways, roads and streets in this state. In addition to the enactment of the one-half cent (1/2¢) sales tax, if a preference for the tax is approved by a majority of the electors of this state voting in such election, the Legislature shall take whatever other steps are necessary to effectuate the mandate of the electorate's decision.
(2) The statewide special election for the purpose of determining whether a one-half cent (1/2¢) sales tax will occur shall be administered by means of ballots, which shall be provided by the Secretary of State to the election commissioners of each county. The Secretary of State shall determine whether, in each county, it would be more efficient to administer the election by paper ballots, voting machines, electronic voting systems, optical mark reading equipment or other mechanized equipment. The method used in each county shall be as uniform as practicable when compared to any other county in which the same method is used.
(3) Every individual who makes contributions to or expenditures in support of, or in opposition to a proposition described in subsection (1) that is presented to the electorate in the statewide special election for the proposed sales tax increase, in amounts aggregating in excess of Two Hundred Dollars ($200.00), shall file all reports required to be filed by political committees under Sections 23-15-801 through 23-15-817, in the same manner and at the same time as provided for political committees.
(4) The county election commissioners shall transmit to the Secretary of State, in the same manner as the vote for state officers is transmitted, a statement of the total number of votes cast for each proposition in the statewide special election. The Secretary of State shall tabulate such returns and certify the results to the Governor.
SECTION 2. Section 23-15-805, Mississippi Code of 1972, is amended as follows:
23-15-805. (a) Candidates for state, state district, and legislative district offices, and every political committee, which makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office or makes reportable contributions to or expenditures in support of or in opposition to a statewide ballot measure, shall file all reports required under this article with the Office of the Secretary of State.
(b) Candidates for county or county district office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office or makes reportable contributions to or expenditures in support of or in opposition to a countywide ballot measure or a ballot measure affecting part of a county, excepting a municipal ballot measure, shall file all reports required by this section in the office of the circuit clerk of the county in which the election occurs. The circuit clerk shall forward copies of all reports to the Office of the Secretary of State.
(c) Candidates for municipal office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs. The municipal clerk shall forward copies of all reports to the Office of the Secretary of State.
(d) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve such reports for a period of five (5) years.
(e) The provisions of this
section applicable to the reporting by a political committee of contributions
and expenditures regarding statewide ballot measures shall apply to the
statewide special election for the purpose of * * * determining whether the State of
Mississippi will increase sales tax by one-half cent (1/2¢).
SECTION 3. The Secretary of State, the circuit clerks of each county and the election commissioners of each county are authorized to take any necessary actions to prepare the official ballots for the statewide special election for the determination of a one-half cent (1/2¢) sales tax increase. The State of Mississippi shall be responsible for payment of expenses incurred by such officials in taking the necessary actions required by this act.
SECTION 4. The Attorney General of the State of Mississippi shall submit Sections 1 through 2 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. If there are any other changes in election procedures necessitated by the provisions of this act and regardless of whether such changes are being made by or in a county, the Attorney General of the State of Mississippi shall submit such changes along with and in the same manner as Sections 1 through 5 of this act, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 5. Sections 1 through 2 of this act and any other changes in election procedures necessitated by this act shall take effect and be in force from and after the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Section 3 of this act shall take effect and be in force from and after the passage of this act.
