Bill Text: MS HB1380 | 2018 | Regular Session | Introduced

Mississippi House Bill 1380 (Prior Session Legislation)

Introduced

Bill Title: State Flag; provide for statewide referendum on removing Confederate Battle Flag from the design of.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [HB1380 Detail]

Download: Mississippi-2018-HB1380-Introduced.html

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Rules

By: Representative Hines

House Bill 1380

AN ACT TO PROVIDE FOR A STATEWIDE SPECIAL ELECTION FOR THE PURPOSE OF DETERMINING THE WILL OF THE CITIZENS OF THE STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE EMBLEM WILL BE REMOVED FROM THE DESIGN OF THE OFFICIAL FLAG OF THE STATE OF MISSISSIPPI; TO SET THE DATE OF NOVEMBER 6, 2018, FOR THE STATEWIDE SPECIAL ELECTION; TO REQUIRE THE ELECTION TO BE ADMINISTERED BY MEANS OF BALLOTS WITH SPECIFIC LANGUAGE AND TO REQUIRE THE SECRETARY OF STATE TO PROVIDE THOSE BALLOTS TO THE ELECTION COMMISSIONERS OF EACH COUNTY; TO ESTABLISH A COMMISSION TO REDESIGN THE MISSISSIPPI STATE FLAG IF A MAJORITY OF THE ELECTORS VOTE IN FAVOR OF CHANGING THE FLAG; TO PRESCRIBE THE MEMBERSHIP OF THE COMMISSION AND TO PROVIDE FOR ITS ORGANIZATION AND MEETINGS; TO PROVIDE THAT THE REDESIGNED MISSISSIPPI STATE FLAG ADOPTED BY THE COMMISSION SHALL NOT INCLUDE THE DESIGN OF THE CONFEDERATE BATTLE FLAG; TO PROVIDE THAT THE RECOMMENDATION OF THE COMMISSION SHALL BE PRESENTED TO THE GOVERNOR AND THE LEGISLATURE BEFORE JANUARY 1, 2020; TO AMEND SECTIONS 23-15-351 AND 23-15-355, MISSISSIPPI CODE OF 1972, IN CONFORMITY; 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 the will of the citizens of the State of Mississippi as to whether or not the Confederate Battle emblem will be removed from the official flag of the State of Mississippi. The special election shall be held on Tuesday, November 6, 2018, and shall be conducted in the same manner as regular general elections are held. The question put before the voters at the statewide special election shall read on the ballots as follows:

"PLEASE VOTE 'YES' OR 'NO'

The Confederate Battle Flag emblem shall be removed from the official State Flag.

'YES': ________ 'NO': ________"

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 the design of the official flag of the State of Mississippi. If a majority of the qualified electors voting in the election vote "Yes," the provisions of Section 2 of this act shall be in force and effect and the Commission to Redesign the Mississippi State Flag shall develop a new design and report to the Legislature to enact necessary legislation. If a majority of the qualified electors voting in the election vote "No," the design of the State Flag shall continue as prescribed in Section 3-3-16.

(2) The statewide special election shall be administered by means of ballots 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 or voting machines. The costs incurred in providing the ballots shall be borne by the State of Mississippi subject to specific appropriation therefor by the Legislature. All other costs associated with the holding of the statewide special election shall be borne by each individual county.

(3) 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 the returns and certify the results to the Governor and to each house of the Legislature.

SECTION 2. (This section shall be in force and effect only if a majority of the qualified electors voting in the election provided in Section 1 of this act vote in favor of removing the Confederate Battle Flag emblem from the State Flag.)

(1) There is established the Commission to Redesign the Mississippi State Flag (commission) with the sole purpose of developing, designing and reporting to the Governor and the Legislature a new design for the official Mississippi State Flag, in order for the Legislature to adopt necessary legislation during the 2020 Regular Session to effectuate the new design. The new Mississippi State Flag adopted by the commission shall not include the design of the Confederate Battle Flag. The commission is charged with a sensitive and responsible task that it shall conduct in an objective manner. The redesigned Mississippi State Flag shall honor the past while embracing the promise of the future.

(2) The Commission to Redesign the Mississippi State Flag shall be appointed as follows:

(a) Three (3) members of the Mississippi House of Representatives appointed by the Speaker of the House;

(b) Three (3) members of the Mississippi Senate appointed by the Lieutenant Governor;

(i) Two (2) high school students;

(ii) A Mississippi public schoolteacher and a Mississippi public university instructor;

(iii) A representative from the Mississippi Economic Council;

(iv) A representative from the Mississippi Arts Commission;

(v) Two (2) representatives from the Board of Trustees of the Mississippi Department of Archives and History;

(vi) A representative from business and industry; and

(vii) Two (2) members from the state at large.

All appointments shall be made within thirty (30) days following the date of the referendum provided in Section 1 of this act. The chairman of the commission shall be appointed by the Governor from the members of the commission. The commission shall meet as soon as practicable after appointments have been made upon the call of the chairman, and shall organize for business. A quorum of the appointed membership of the commission shall be required for the adoption of any reports and recommendations. The Mississippi Department of Archives and History shall provide meeting space and clerical support for the operation of the commission.

(3) The Commission to Redesign the Mississippi State Flag shall have the following functions and duties:

(a) To hold regular, public meetings when and where it sees fit;

(b) To receive written, public comment, in a manner it sees fit, and to hold public hearings, under the terms and conditions it determines and sees fit;

(c) To collect, examine and consider all information which it determines may be helpful in making a recommendation on use and adoption of Mississippi's State Flag;

(d) To consult with historical experts, social science experts, representatives of organizations and associations, and others, as it sees fit, whose knowledge or expertise may assist the commission in making its recommendation;

(e) To make any inquiries and conduct any business that may assist the commission in submitting a design for a State Flag; however, the new Mississippi State Flag adopted by the commission shall not include the design of the Confederate Battle Flag;

(f) Keep minutes of its meetings, and make those minutes available to the public; and

(g) To make a written recommendation for a new design for the official Mississippi State Flag and an oral presentation if requested, to the Governor, the Lieutenant Governor and the Speaker of the House on or before January 1, 2020.

(4) Members of the commission shall receive no compensation for service on the commission, but may receive reimbursement for mileage and actual expenses as provided in Section 25-3-41, to the extent funds are available for that purpose.

(5) The State Flag currently in use shall remain in use until such time as the Mississippi Legislature considers the report of the commission and the Legislature has had ample time to act.

SECTION 3. Section 23-15-351, Mississippi Code of 1972, is amended as follows:

23-15-351. It shall be the duty of the chair of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law. The printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.

In the case of the statewide special election regarding the design of the official State Flag provided for in Section 1 of this act, the provisions of this article regarding the printing and distribution of the official ballots shall be governed by the provisions of Section 1(2) of this act.

SECTION 4. Section 23-15-355, Mississippi Code of 1972, is amended as follows:

23-15-355. Ballots in all elections shall be printed and distributed at public expense and shall be known as "official ballots." The expense of printing the ballots shall be paid out of the county treasury, except that in municipal elections such expenses shall be paid by the respective cities, towns and villages.

In the case of the statewide special election regarding the design of the official State Flag provided for in Section 1 of this act, the provisions of this section regarding payment of the expenses of printing the official ballots shall be governed by the provisions of Section 1(2) of this act.

SECTION 5. This act shall take effect and be in force from and after July 1, 2018.