Bill Text: MS HB1453 | 2017 | Regular Session | Introduced


Bill Title: Political or politically related emails; prohibit sending to public employees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2017-01-31 - Died In Committee [HB1453 Detail]

Download: Mississippi-2017-HB1453-Introduced.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A; Accountability, Efficiency, Transparency

By: Representative Snowden

House Bill 1453

AN ACT TO PROHIBIT A POLITICAL PARTY, POLITICAL COMMITTEE, CANDIDATE FOR PUBLIC OFFICE OR ADVOCACY GROUP FROM SENDING POLITICAL OR POLITICALLY RELATED ELECTRONIC MAIL OR ELECTRONIC COMMUNICATION TO A PUBLIC EMPLOYEE; TO BRING FORWARD SECTION 23-15-871, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS COERCION OF EMPLOYEE VOTES, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  No political party, political committee, candidate for public office or advocacy group, may send political or politically related electronic mail or electronic communication to any public employee's public electronic mail address.  For purposes of this subsection, the term "public employee" shall not include an elected or appointed official or head of a state agency, or county or municipal department.

     (2)  Any person violating the provisions of subsection (1) of this section shall be subject to a civil fine of One Hundred Dollars ($100.00) for each political or politically related electronic mail or electronic communication sent to any public employee in violation of subsection (1) of this section.   SECTION 2.  Section 23-15-871, Mississippi Code of 1972, is brought forward as follows:

     23-15-871.  It shall be unlawful for any corporation or any officer or employee thereof, or any member of a firm, or trustee or any member of any association, or any other employer, to direct or coerce, directly or indirectly, any employee to vote or not to vote for any particular person or group of persons in any election, or to discharge or to threaten to discharge any such employee, or to increase or decrease the salary or wages of an employee, or otherwise promote or demote him, because of his vote or failure to vote for any particular candidate or group of candidates; and likewise it shall be unlawful for any employer, or employee having the authority to employ or discharge other employees, to make any statement public or private, or to give out or circulate any report or statement, calculated to intimidate or coerce or otherwise influence any employee as to his vote, and when any such statement has obtained circulation, it shall be the duty of such employer to publicly repudiate it, in the absence of which repudiation the employer shall be deemed by way of ratification to have made it himself.  Nor shall any employee be requested, directed or permitted to canvass for or against any candidate or render any other services for or against any candidate or group of candidates, during any of the hours within which the salary of said employee as an employee is being paid or agreed to be paid; nor shall any such employee be allowed any vacation or leave of absence at the expense of the employer to render any service or services for or against any candidate or group of candidates, or to take any active part in any election campaign whatsoever; nor shall any employee at the expense, in whole or in part, of any employer take any part whatever in any election campaign, except the necessary time to cast his vote. The prohibitions of this section shall apply to all state, state district, county and county district officers, and to any board or commission and the members thereof by whatever name designated and whether elective or appointive, and to each and every one of those employed by them or any of them.  And no state, state district, county or county district officer, or any employee of any of them who directly or indirectly has the control, or in any way the power of control, or who asserts or pretends that he has such power, over the expenditure of any public funds in this state, whatever the purpose or object of said expenditure may be, shall state, suggest or intimate, publicly or privately, or in any manner or form, that any such expenditure shall in any wise depend upon or be influenced by the vote of any person, group of persons, or community or group of communities, whether for or against any candidate or group of candidates at any election.  This section and every part of it shall apply also to all federal officers, agents, employees, boards and commissions by whatever name known and to each and every one of those employed by them or any of them, as to any interference by them or any of them, contrary to the provisions of this chapter, in the elections of this state.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.


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