Bill Text: MS HB431 | 2022 | Regular Session | Introduced
Bill Title: Municipal election officials; prohibit removal of except where good cause shown.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [HB431 Detail]
Download: Mississippi-2022-HB431-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Apportionment and Elections
By: Representative Blackmon
House Bill 431
AN ACT TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MUNICIPAL EXECUTIVE COMMITTEE MAY ONLY REMOVE A PRIMARY ELECTION OFFICIAL AFTER APPOINTMENT FOR GOOD CAUSE SHOWN, UPON A UNANIMOUS VOTE OF ALL MEMBERS OF THE STATE EXECUTIVE COMMITTEE, OR UPON A MAJORITY VOTE OF THE STATE EXECUTIVE COMMITTEE AFTER A RECOMMENDATION FROM THE MUNICIPAL EXECUTIVE COMMITTEE THAT THE PRIMARY ELECTION OFFICIAL BE REMOVED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Municipal
primary elections shall be held on the first Tuesday in April preceding the
general municipal election and, in the event a second primary shall be
necessary, such second primary shall be held on the fourth Tuesday in
April preceding such general municipal election. The candidate receiving a
majority of the votes cast in the election shall be the party nominee. If no
candidate shall receive 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 second primary election. The candidate receiving the most votes
cast in the second primary election shall be the party nominee. However, if no
candidate shall receive a majority vote at the first primary, and there is a
tie in the election of those receiving the next highest vote, those candidates
receiving the next highest vote and the candidate receiving the highest vote
shall have their names placed on the ballot for the second primary election,
and whoever receives the most votes cast in the second primary election shall
be the party nominee. * * *
(2) Each municipal executive committee shall have as many members as there are elective officers of the municipality, and the members of the municipal executive committee of each political party shall be elected in the primary elections held for the nomination of candidates for municipal offices. The provisions of this section shall govern all municipal primary elections as far as applicable, but the officers to prepare the ballots and the poll managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding the primary, and the returns of such election shall be made to such municipal executive committee. Vacancies in the executive committee shall be filled by it. The municipal executive committee may only remove a primary election official after appointment for good cause shown, upon a unanimous vote of all members of the state executive committee, or upon a majority vote of the state executive committee after a recommendation from the municipal executive committee that the primary election official be removed.
( * * *3) Provided, however, that in
municipalities operating under a special or private charter which fixes a time
for holding elections, other than the time fixed by Chapter 491, Laws of 1950,
the first primary election shall be held on the first Tuesday, two (2) months
before the time for holding the general election, as fixed by the charter, and
the second primary election, where necessary, shall be held three (3) weeks
after the first primary election, unless the charter of any such municipality
provides otherwise, in which event the provisions of the special or private
charter shall prevail as to the time of holding such primary elections.
( * * *4) All primary elections in
municipalities shall be held and conducted in the same manner as is provided by
law for state and county primary elections. At the primary election the
municipal executive committee shall perform the same duties as are specified by
law and performed by members of the county executive committee with regard to
state and county primary elections.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.
