Bill Text: MS HB304 | 2017 | Regular Session | Introduced
Bill Title: Election commissioners; revise to allow for staggered four-year terms of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB304 Detail]
Download: Mississippi-2017-HB304-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections
By: Representative Steverson
House Bill 304
AN ACT TO AMEND SECTION 23-15-213, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY ELECTION COMMISSIONERS SHALL SERVE FOR STAGGERED FOUR-YEAR TERMS BEGINNING IN 2028; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2028, this section shall read as follows:]
23-15-213. (1) At
the general election in 1984 and every four (4) years thereafter, there
shall be elected five (5) election commissioners * * * for each county whose terms of
office shall commence on the first Monday of January following their election
and who shall serve for a term of four (4) years. Each of the commissioners * * * shall be required to attend a training
seminar provided by the Secretary of State and satisfactorily complete a skills
assessment, and before acting, shall take and subscribe the oath of office
prescribed by the Constitution * * *. The oath shall be filed
in the office of the clerk of the chancery court * * *. While engaged in their
duties, the commissioners shall be conservators of the peace in the county,
with all the duties and powers of such.
(2) The qualified
electors of each supervisors district shall elect, at the general election in * * * 2024,
in their district one (1) election commissioner * * *. The election commissioners
from board of Supervisors Districts One, Three and Five shall serve for a term
of four (4) years. The election commissioners from board of Supervisors
Districts Two and Four shall serve for a term of six (6) years. No more
than one (1) commissioner shall be a resident of and reside in each supervisors
district of the county; it being the purpose of this section that the county
board of election commissioners shall consist of one (1) person from each
supervisors district of the county and that each commissioner be elected from
the supervisors district in which he or she resides.
(3) Candidates for
county election commissioner shall qualify by filing with the clerk of the
board of supervisors of their respective counties a petition personally signed
by not less than fifty (50) qualified electors of the supervisors district in
which they reside, requesting that they be a candidate, by 5:00 p.m. not later
than the first Monday in June of the year in which the election occurs and
unless the petition is filed within the required time, their names shall not be
placed upon the ballot. * * *All candidates shall declare in writing their party affiliation, if any,
to the board of supervisors, and such party affiliation shall be shown on the
official ballot.
(4) The petition
shall have attached thereto a certificate of the county registrar
showing the number of qualified electors on each petition, which shall be
furnished by the registrar on request. The board shall determine the
sufficiency of the petition, and if the petition contains the required number
of signatures and is filed within the time required, the president of the board
shall verify that the candidate is a resident of the supervisors district in
which he or she seeks election and that the candidate is
otherwise qualified as provided by law, and shall certify that the candidate is
qualified to the * * *
chair or secretary of the county election commission and the names of
the candidates shall be placed upon the ballot for the ensuing election. No
county election commissioner shall serve or be considered as elected * * * until he or she has received
a majority of the votes cast for the position or post for which he or she
is a candidate. If a majority vote is not received in the first election, then
the two (2) candidates receiving the most votes for each position or post shall
be placed upon the ballot for a second election to be held three (3) weeks
later in accordance with appropriate procedures followed in other elections
involving runoff candidates.
(5) If any election commissioner fails to successfully complete the required training seminar or the skills assessment, his or her office shall be vacated. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Before declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.
(6) Upon taking
office, the county * * * election commissioners shall organize by electing a * * * chair and a secretary.
(7) It shall be the
duty of the * * *
chair to have the official ballot printed and distributed at each
general or special election.
[From and after January 1, 2028, this section shall read as follows:]
23-15-213. (1) * * * There shall be elected five (5) election
commissioners * * * for each county whose terms of office shall commence
on the first Monday of January following their election and who shall serve for
a term of four (4) years. Each of the commissioners * * * shall be required to attend a training
seminar provided by the Secretary of State and satisfactorily complete a skills
assessment, and before acting, shall take and subscribe the oath of office
prescribed by the Constitution * * *. The oath shall be filed
in the office of the clerk of the chancery court * * *. While engaged in their duties, the commissioners shall be
conservators of the peace in the county, with all the duties and powers of
such.
(2) (a) At the
general election in 2028 and every four (4) years thereafter, the qualified
electors of * * *
the board of Supervisors Districts One, Three and Five shall
elect * * * in
their district one (1) election commissioner.
(b) At the
general election in * * *
2030 and every four (4) years thereafter, the qualified electors of
the board of Supervisors Districts Two and Four shall elect in their
district one (1) election commissioner * * *.
(c) No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
(3) Candidates for
county election commissioner shall qualify by filing with the clerk of the
board of supervisors of their respective counties a petition personally signed
by not less than fifty (50) qualified electors of the supervisors district in
which they reside, requesting that they be a candidate, by 5:00 p.m. not later
than the first Monday in June of the year in which the election occurs and
unless the petition is filed within the required time, their names shall not be
placed upon the ballot. * * *
(4) The petition
shall have attached thereto a certificate of the county registrar
showing the number of qualified electors on each petition, which shall be
furnished by the registrar on request. The board shall determine the
sufficiency of the petition, and if the petition contains the required number
of signatures and is filed within the time required, the president of the board
shall verify that the candidate is a resident of the supervisors district in
which he or she seeks election and that the candidate is otherwise
qualified as provided by law, and shall certify that the candidate is qualified
to the * * *
chair or secretary of the county election commission and the names of
the candidates shall be placed upon the ballot for the ensuing election. No
county election commissioner shall serve or be considered as elected * * * until he or she has received
a majority of the votes cast for the position or post for which he or she
is a candidate. If a majority vote is not received in the first election, then
the two (2) candidates receiving the most votes for each position or post shall
be placed upon the ballot for a second election to be held three (3) weeks
later in accordance with appropriate procedures followed in other elections
involving runoff candidates.
(5) If any election commissioner fails to successfully complete the required training seminar or the skills assessment, his or her office shall be vacated. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Before declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.
(6) * * * In the first meeting in
January of each year, the county * * * election commissioners shall
organize by electing a * * *
chair and a secretary, who shall serve a one-year term. The
county election commissioners shall provide the names of the chair and
secretary to the Secretary of State and provide notice of any change in
officers which may occur during the year.
(7) It
shall be the duty of the * * *chairman chair to have the official ballot printed and
distributed at each general or special election.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
