Bill Text: MS HB1203 | 2015 | Regular Session | Introduced


Bill Title: Justice Court Judges; include in "Nonpartisan Judicial Election Act."

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB1203 Detail]

Download: Mississippi-2015-HB1203-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Apportionment and Elections; Judiciary A

By: Representative Bain (By Request)

House Bill 1203

AN ACT TO AMEND SECTION 23-15-975, MISSISSIPPI CODE OF 1972, TO INCLUDE JUSTICE COURT JUDGES UNDER THE "NONPARTISAN JUDICIAL ELECTION ACT"; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 23-15-297, MISSISSIPPI CODE OF 1972, TO REMOVE JUSTICE COURT JUDGES FROM PARTY NOMINATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-975, Mississippi Code of 1972, is amended as follows:

     23-15-975.  As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge and justice court judge.  All such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

     SECTION 2.  Section 23-15-977, Mississippi Code of 1972, is amended as follows:

     23-15-977.  (1)  Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this * * *subarticle articlesubsection shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:

          (a)  Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

          (b)  Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

          (c)  Candidates for county judge and family court judge and justice court judge, the sum of Fifteen Dollars ($15.00).

     Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.

     (2)  Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.

     (3)  Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county.  The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk.  Such notification shall occur within two (2) business days and shall contain all necessary information.

     (4)  If only one (1) person files his intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.

     (5)  If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.

     SECTION 3.  Section 23-15-297, Mississippi Code of 1972, is amended as follows:

     23-15-297.  All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:

          (a)  Candidates for Governor not to exceed Three Hundred Dollars ($300.00).

          (b)  Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).

          (c)  Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).

          (d)  Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).

          (e)  Candidates for county surveyor, county coroner * * *, justice court judge and constable, not to exceed Ten Dollars ($10.00).

          (f)  Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).

          (g)  Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2015.


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