Bill Text: MS HB410 | 2010 | Regular Session | Introduced
Bill Title: "Nonpartisan Municipal Elections Act"; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB410 Detail]
Download: Mississippi-2010-HB410-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Municipalities; Apportionment and Elections
By: Representative DuVall
House Bill 410
AN ACT TO CREATE THE "NONPARTISAN MUNICIPAL ELECTIONS ACT"; TO PROVIDE THAT A MUNICIPAL OFFICE SHALL BE NONPARTISAN; TO PROVIDE DEFINITIONS FOR SUCH ACT; TO PROVIDE WHEN THE CANDIDATE SHALL FILE THEIR INTENT TO BE A CANDIDATE AND THE AMOUNT OF FEES APPLICABLE FOR SUCH OFFICE; TO PROVIDE HOW THE NAMES OF THE CANDIDATES SHALL BE GROUPED ON A BALLOT; TO PROVIDE THE PROCEDURE WHEN TWO OR MORE CANDIDATES QUALIFY FOR MUNICIPAL OFFICE; TO AMEND SECTION 21-7-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION OF LAW THAT PROVIDES FOR THE PARTY NOMINATION OF A MAYOR; TO AMEND SECTIONS 21-8-7, 21-15-1, 23-15-21, 23-15-31, 23-15-173, 23-15-313, 23-15-367, 23-15-411, 23-15-465, 23-15-507, 23-15-559, 23-15-713, 23-15-801, 23-15-885 AND 23-15-911, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTION 23-15-171, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR MUNICIPAL PRIMARY ELECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Nonpartisan Municipal Elections Act."
SECTION 2. (1) A municipal office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation. The Legislature finds that in order to ensure that campaigns for nonpartisan municipal offices remain nonpartisan and without any connection to a political party, political parties and any committee or political committee affiliated with a political party shall not engage in fundraising on behalf of a candidate or officeholder of a nonpartisan municipal office, nor shall a political party or any committee or political committee affiliated with a political party make any contribution to a candidate for nonpartisan municipal office or the political committee of a candidate for nonpartisan county office, nor shall a political party or any committee or political committee affiliated with a political party publicly endorse any candidate for nonpartisan municipal office. No candidate or candidate's political committee for nonpartisan municipal office shall accept a contribution from a political party or any committee or political committee affiliated with a political party.
(2) Except as otherwise provided by this act, the general laws for election shall apply to and govern the election for municipal offices.
SECTION 3. (1) For purposes of this act, the following words shall have the meaning unless the context shall otherwise require:
(a) "Preferential municipal election" means an election held for the purpose of determining those candidates for municipal offices whose names will be placed on the general or regular election ballot. Any person who meets the qualifications as a candidate for a municipal office may be a candidate in the preferential municipal election without regard to party affiliation or lack of party affiliation.
(b) "General election" or "regular election" means an election held as provided by law in Chapter 15, Title 23, Mississippi Code of 1972, for the purpose of determining which candidate shall be elected to office.
(2) All qualified electors of the State of Mississippi, without regard to party affiliation or lack of party affiliation, shall be qualified to vote for candidates for municipal office.
SECTION 4. (1) The names of candidates for municipal office which appear on the ballot at the general election shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan municipal elections.
(2) The names of all candidates for a municipal office shall be listed in alphabetical order on any ballot and no reference to political party affiliation shall appear on any ballot with respect to any nonpartisan municipal office or candidate.
(3) The name of an unopposed candidate for municipal office shall be placed on the general election ballot.
SECTION 5. If two (2) or more candidates qualify for municipal office, the names of those candidates shall be placed on the general election ballot. If any candidate for such an office receives a majority of the votes cast for such office in the general election, he shall be declared elected. If no candidate for such office receives a majority of the votes cast for such office in the general election, the names of the two (2) candidates receiving the highest number of votes for such office shall be placed on 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.
SECTION 6. Section 21-7-7, Mississippi Code of 1972, is amended as follows:
21-7-7. The governing body of any such municipality shall be a council, known and designated as such, consisting of seven (7) members. One (1) of the members shall be the mayor, having the qualifications as prescribed by Section 21-3-9, who shall have full rights, powers and privileges of other councilmen. The mayor shall be * * * elected at large; the remaining councilmen shall be * * * elected one (1) from each ward into which the city shall be divided. However, if the city be divided into less than six (6) wards, the remaining councilmen shall be * * * elected at large. The councilmen, including the mayor, shall be elected for a term of four (4) years to serve until their successors are elected and qualified in accordance with the provisions of Section 21-11-7, said term commencing on the first Monday of January after the municipal election first following the adoption of the form of government as provided by this chapter.
The compensation for the members of the council shall, for the first four (4) years of operation, under this chapter, be fixed by the board of mayor and aldermen holding office prior to the change in form of government. Thereafter the amount of compensation for each such member may be increased or decreased by the council, by council action taken prior to the election of members thereof for the ensuing term, such action to become effective with the ensuing terms.
SECTION 7. Section 21-8-7, Mississippi Code of 1972, is amended as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise provided in subsection (4) of this section, the mayor and councilmen shall be elected by the voters of the municipality at a regular municipal election held on the first Tuesday after the first Monday in June as provided in House Bill No. ___, 2010 Regular Session, and shall serve for a term of four (4) years beginning on the first Monday of July next following his election.
(3) The terms of the initial mayor and councilmen shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form.
(4) (a) The council shall consist of five (5), seven (7) or nine (9) members. In the event there are five (5) councilmen, the municipality shall be divided into either five (5) or four (4) wards. In the event there are seven (7) councilmen, the municipality shall be divided into either seven (7), six (6) or five (5) wards. In the event there are nine (9) councilmen, the municipality shall be divided into seven (7) or nine (9) wards. If the municipality is divided into fewer wards than it has councilmen, the other councilman or councilmen shall be elected from the municipality at large. The total number of councilmen and the number of councilmen elected from wards shall be established by the petition or petitions presented pursuant to Section 21-8-3. One (1) councilman shall be elected from each ward by the voters of that ward. Councilmen elected to represent wards must be residents of their wards at the time of qualification for election, and any councilman who removes his residence from the municipality or from the ward from which he was elected shall vacate his office. However, any candidate for councilman who is properly qualified as a candidate under applicable law shall be deemed to be qualified as a candidate in whatever ward he resides if his ward has changed after the council has redistricted the municipality as provided in subparagraph (c)(ii) of this subsection (4), and if the wards have been so changed, any person may qualify as a candidate for councilman, using his existing residence or by changing his residence, not less than fifteen (15) days prior to the preferential municipal election or special election, as the case may be, notwithstanding any other residency or qualification requirements to the contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more prior to the preferential municipal election of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days prior to such preferential municipal election.
(ii) If the publication of the most recent decennial census occurs less than six (6) months prior to the preferential municipal election of a general municipal election, the election shall be held with regard to currently defined wards; and reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected.
(d) If annexation of additional territory into the municipal corporate limits of the municipality shall occur less than six (6) months prior to the preferential municipal election of a general municipal election, the council shall, by ordinance adopted within three (3) days of the effective date of such annexation, assign such annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the municipality by ordinance as required by this chapter shall not serve as the basis for representation until the next regularly scheduled election for municipal councilmen.
(5) Vacancies occurring in the council shall be filled as provided in Section 23-15-857.
(6) The mayor shall maintain an office at the city hall. The councilmen shall not maintain individual offices at the city hall; provided, however, that in municipalities with populations of one hundred ninety thousand (190,000) and above, councilmen may have individual offices in the city hall. Clerical work of councilmen in the performance of the duties of their office shall be performed by municipal employees or at municipal expense, and councilmen shall be reimbursed for the reasonable expenses incurred in the performance of the duties of their office.
SECTION 8. Section 21-15-1, Mississippi Code of 1972, is amended as follows:
21-15-1. All officers elected at the general municipal election as provided in House Bill No. ____, 2010 Regular Session, shall qualify and enter upon the discharge of their duties on the first Monday of July after such general election, and shall hold their offices for a term of four (4) years and until their successors are duly elected and qualified.
SECTION 9. Section 23-15-21, Mississippi Code of 1972, is amended as follows:
23-15-21. It shall be unlawful for any person who is not a citizen of the United States or the State of Mississippi to register or to vote in any * * * election in the state.
SECTION 10. Section 23-15-31, Mississippi Code of 1972, is amended as follows:
23-15-31. All of the provisions of this subarticle shall be applicable, insofar as possible, to any elections; and wherever therein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners or county executive committee with reference to a state and county election, such duty shall likewise be imposed and such power and authority shall likewise be conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election.
SECTION 11. Section 23-15-173, Mississippi Code of 1972, is amended as follows:
23-15-173. (1) A general municipal election shall be held in each city, town or village on the first Tuesday after the first Monday of June 1985, and every four (4) years thereafter, for the election of all municipal officers elected by the people.
(2) Except as otherwise provided by House Bill No. ___, 2010 Regular Session, all municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections.
SECTION 12. Section 23-15-313, Mississippi Code of 1972, is amended as follows:
23-15-313. If there be any political party, or parties, in any municipality which shall not have a party executive committee for such municipality, such political party, or parties, shall select temporary executive committees to serve until executive committees shall be regularly elected, said selection to be in the following manner, to-wit: The chairman of the county executive committee of the party desiring to select a municipal executive committee shall, upon petition of five (5) or more members of that political faith, call a mass meeting of the electors of their political faith, residing in the municipality, to meet at some convenient place within said municipality, at a time to be designated in the call, and at such mass convention the members of that political faith shall select an executive committee which shall serve until the next * * * election. The public shall be given notice of such mass meeting as provided in the next succeeding section.
SECTION 13. Section 23-15-367, Mississippi Code of 1972, is amended as follows:
23-15-367. (1) Except as otherwise provided by House Bill No. ___, 2010 Regular Session, and Sections 23-15-974 through 23-15-985 and subsection (2) of this section, the arrangement of the names of the candidates, and the order in which the titles of the various offices shall be printed, and the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot; but the arrangement need not be uniform.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the officer charged with printing the official ballot.
(3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated commissioner of each county a sample of the official ballot, not less than fifty-five (55) days prior to the election, the general form of which shall be followed as nearly as practicable.
SECTION 14. Section 23-15-411, Mississippi Code of 1972, is amended as follows:
23-15-411. The officer who furnishes the official ballots for any polling place where a voting machine is to be used, shall also provide two (2) sample ballots or instruction ballots, which sample or instruction ballots shall be arranged in the form of a diagram showing such portion of the front of the voting machine as it will appear after the official ballots are arranged thereon or therein for voting on election day. Such sample ballots shall be open to the inspection of all voters on election day, in all other elections where voting machines are used.
SECTION 15. Section 23-15-465, Mississippi Code of 1972, is amended as follows:
23-15-465. No electronic voting system, consisting of a marking or voting device in combination with automatic tabulating equipment, shall be acquired or used in accordance with Sections 23-15-461 through 23-15-485 unless it shall:
(a) Provide for voting in secrecy when used with voting booths;
(b) Permit each voter to vote at any election for all persons and offices for whom and for which he is lawfully entitled to vote; to vote for as many persons for an office as he is entitled to vote for; to vote for or against any question upon which he is entitled to vote; and the automatic tabulating equipment shall reject choices recorded on his ballot card or paper ballot if the number of choices exceeds the number which he is entitled to vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark or punch to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of his choice when permitted by law;
(d) Permit each voter, at other than primary elections, to vote for the candidates of one or more parties and for independent candidates;
(e) Permit each voter to vote for candidates only in the primary in which he is qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot or ballot labels;
(g) Prevent the voter from voting for the same person more than once for the same office;
(h) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots;
(i) Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted;
(j) When properly operated, record correctly and count accurately every vote cast;
(k) Be provided with a mechanical model for instructing voters, and be so constructed that a voter may readily learn the method of operating it;
(l) Be safely transportable, and include a light to enable voters to read the ballot labels and instructions.
SECTION 16. Section 23-15-507, Mississippi Code of 1972, is amended as follows:
23-15-507. No optical mark reading system shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit each voter to vote at any election for all persons and no others for whom and for which they are lawfully entitled to vote; to vote for as many persons for an office as they are entitled to vote for; to vote for or against any questions upon which they are entitled to vote;
(b) The OMR tabulating equipment shall be capable of rejecting choices recorded on the ballot if the number of choices exceeds the number which the voter is entitled to vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;
(d) Permit each voter, at other than primary elections, to vote for the candidates of one or more parties and for independent candidates;
(e) Permit each voter to vote for candidates only in the primary in which they are qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot;
(g) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;
(h) Be provided with means for sealing the ballots after the close of the polls and the last voter has voted;
(i) When properly operated, record correctly and count accurately all votes cast; and
(j) Provide the voter with a set of instructions that will be so displayed that a voter may readily learn the method of voting.
SECTION 17. Section 23-15-559, Mississippi Code of 1972, is amended as follows:
23-15-559. The provisions of House Bill No. ____, 2010 Regular Session, and Section 23-15-173 fixing the time for the holding of municipal elections shall not apply to any municipality operating under a special or private charter where the governing board or authority thereof, on or before June 25, 1952, shall have adopted and spread upon its minutes a resolution or ordinance declining to accept such provisions, in which event the primary and general elections shall be held at the time fixed by the charter of such municipality.
The provisions of Section 23-15-859 shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflicts between the provisions of such section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.
SECTION 18. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if he * * * falls within the following categories:
(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his absence from the county of his voting residence on the date of any preferential, primary, general or special election, or the spouse and dependents of said student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his voting residence, with such student, teacher or administrator.
(b) Any qualified elector who is required to be away from his place of residence on any election day due to his employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.
(c) Any qualified elector who is away from his county of residence on election day for any reason.
(d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself or others, or whose attendance at the voting place could reasonably cause danger to himself or others.
(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his county of residence or more than fifty (50) miles distant from his residence, if the parent, spouse or dependent will be with such person on election day.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he is required to be at work on election day during the times at which the polls will be open.
SECTION 19. Section 23-15-801, Mississippi Code of 1972, is amended as follows:
23-15-801. (a) "Election" shall mean a preferential, general, special, primary or runoff election.
(b) "Candidate" shall mean an individual who seeks nomination for election, or election, to any elective office other than a federal elective office and for purposes of this article, an individual shall be deemed to seek nomination for election, or election:
(i) If such individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23-15-299 and 23-15-977, whichever occurs first; or
(ii) If such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made such expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.
(c) "Political committee" shall mean any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations which receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or which makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures and shall, in addition, include each political party registered with the Secretary of State.
(d) "Affiliated organization" shall mean any organization which is not a political committee, but which directly or indirectly establishes, administers or financially supports a political committee.
(e) (i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;
(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;
(iii) "Contribution to a political party" includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party;
(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.
(f) (i) "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;
(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;
(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.
(g) The term "identification" shall mean:
(i) In the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and
(ii) In the case of any other person, the full name and address of such person.
(h) The term "political party" shall mean an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of such association, committee or organization.
(i) The term "person" shall mean any individual, family, firm, corporation, partnership, association or other legal entity.
(j) The term "independent expenditure" shall mean an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate or any authorized committee or agent of such candidate, and which is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of such candidate.
(k) The term "clearly identified" shall mean that:
(i) The name of the candidate involved appears; or
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
SECTION 20. Section 23-15-885, Mississippi Code of 1972, is amended as follows:
23-15-885. The restrictions imposed in Sections 23-15-881 and 23-15-883 shall likewise apply to the mayor and board of aldermen, or other governing authority, of each municipality, in the employment of labor for working and maintaining the streets of the municipality during the four-month period next preceding the date of holding the preferential election in such municipality for the election of municipal officers.
SECTION 21. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) When the returns for a box and the contents of the ballot box and the conduct of the election thereat have been canvassed and reviewed by the county election commission in the case of general elections, preferential elections or the county executive committee in the case of primary elections, all the contents of the box required to be placed and sealed in the ballot box by the managers shall be replaced therein by the election commission or executive committee, as the case may be, and the box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep and secure the same against any tampering therewith. At any time within twelve (12) days after the canvass and examination of the box and its contents by the election commission or executive committee, as the case may be, any candidate or his representative authorized in writing by him shall have the right of full examination of said box and its contents upon three (3) days' notice of his application therefor served upon the opposing candidate or candidates, or upon any member of their family over the age of eighteen (18) years, which examination shall be conducted in the presence of the circuit clerk or his deputy who shall be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with. Upon the completion of said examination the box shall be resealed with all its contents as theretofore. And if any contest or complaint before the court shall arise over said box, it shall be kept intact and sealed until the court hearing and another ballot box, if necessary, shall be furnished for the precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 22. Section 23-15-171, Mississippi Code of 1972, which provides the procedure for municipal primary elections, is hereby repealed.
SECTION 23. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 24. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
