Bill Text: MS HB1585 | 2025 | Regular Session | Introduced
Bill Title: Municipal general elections; require a run off election if no candidate receives a majority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-30 - Title Suff Do Pass [HB1585 Detail]
Download: Mississippi-2025-HB1585-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Apportionment and Elections
By: Representative Hurst
House Bill 1585
AN ACT TO AMEND SECTIONS 23-15-611 AND 21-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY CANDIDATE WHO RECEIVES A MAJORITY VOTE IN A MUNICIPAL ELECTION SHALL BE ELECTED; TO PROVIDE THAT IF NO CANDIDATE RECEIVES A MAJORITY, THEN A RUN OFF ELECTION SHALL BE HELD THREE WEEKS LATER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-611, Mississippi Code of 1972, is amended as follows:
23-15-611. (1) In
municipal elections, poll managers shall, immediately upon the closing of the
polls, count the ballots and ascertain the number of votes cast in each voting
precinct for each of the candidates or ballot measures and make a return
thereof to the municipal election commissioners. On the day following the
election, the election commissioners shall canvass the returns so received from
all voting precincts and shall, within six (6) days after the election, deliver
to each person receiving * * *the highest number a majority of votes a certificate of
election. * * * If no candidate receives
a majority vote at the election, the two (2) candidates receiving the highest
number of votes shall have their names placed on the ballot for the election to
be held three (3) weeks thereafter. The candidate receiving a majority of the
votes cast in the election shall be elected. However, if no candidate receives
a majority and there is a tie in the election of those receiving the next
highest vote, those receiving the next highest vote and the candidate receiving
the highest vote shall have their names placed on the ballot for the election
to be held three (3) weeks thereafter, and whoever receives the most votes cast
in the election shall be elected. Should the election held three (3) weeks
thereafter result in a tie vote, the prevailing candidate shall be decided by a
toss of a coin or by lot fairly and publicly drawn under the supervision of the
election commission.
(2) (a) Within six (6) days after any election, the municipal election commissioners shall transmit a statement to the Secretary of State certifying the name or names of the person or persons elected, and such person or persons shall be issued commissions by the Governor. The statement shall also include vote totals for each candidate for each office and vote totals for and against ballot measures, if any, including the vote totals for each candidate and ballot measure in each precinct in the municipality.
(b) The statements required by this subsection (2) shall contain a certification, signed and dated by a majority of the municipal election commissioners, which shall read as follows:
"We, the undersigned municipal election commissioners, do hereby certify that this statement contains the official vote for the election reflected therein."
(c) The statements required by this subsection (2) shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
(d) If the statement certifying the names of the persons elected is not transmitted to the Secretary of State as required by this subsection (2), the Secretary of State may issue a show cause order directing the municipal election commissioners to provide to the Secretary of State written response containing the reasons for their failure to transmit the statement. The municipal election commissioners shall file their response to the show cause order with the Secretary of State within five (5) working days after the issuance of the show cause order. If the statement certifying the names of the persons elected is not transmitted to the Secretary of State within five (5) working days after the issuance of the show cause order, the Secretary of State may petition a court of competent jurisdiction to compel the municipal election commissioners to comply with this subsection (2). If the statement certifying the names of the persons elected is received by the Secretary of State within five (5) days after the issuance of the show cause order, a response to the show cause order shall not be required.
SECTION 2. Section 21-9-19, Mississippi Code of 1972, is amended as follows:
21-9-19. At all elections held to choose a mayor and councilmen, or any of them, the choice of the person or persons voting shall be indicated and the ballots shall be marked in like manner as is provided by law for general state and county elections.
The poll managers at all
special and general elections for mayor and councilmen, or any of them, shall
immediately, upon the closing of the polls, count the ballots and ascertain the
number of votes cast in each voting precinct for each of the candidates and
make return thereof to the municipal election commissioners. On the day
following any special or general election, the municipal election commissioners
shall canvass the returns so received from all the voting precincts, and shall
within six (6) business days after such special or general election, deliver to
each person receiving * * * a majority of votes a certificate of election.
* * * If no
candidate receives a majority vote at the election, the two (2) candidates
receiving the highest number of votes shall have their names placed on the
ballot for the election to be held three (3) weeks thereafter. The candidate
receiving a majority of the votes cast in the election shall be elected. However,
if no candidate receives a majority and there is a tie in the election of those
receiving the next highest vote, those receiving the next highest vote and the
candidate receiving the highest vote shall have their names placed on the
ballot for the election to be held three (3) weeks thereafter, and whoever
receives the most votes cast in the election shall be elected. Should the
election held three (3) weeks thereafter result in a tie vote, the prevailing
candidate shall be decided by a toss of a coin or by lot fairly and publicly
drawn under the supervision of the election commission.
The election commissioners shall, within ten (10) business days after any special or general election, certify to the Secretary of State the name or names of the person or persons elected at such special or general election, and the Secretary of State shall, immediately upon receiving such certificates, deliver the same to the Governor, who shall immediately issue commissions to the persons mentioned in certificate.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.
