Bill Text: MS HB810 | 2016 | Regular Session | Introduced
Bill Title: Elections; revise how winner is determined when candidates have equal votes.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-23 - Died In Committee [HB810 Detail]
Download: Mississippi-2016-HB810-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Apportionment and Elections
By: Representative Staples
House Bill 810
AN ACT TO AMEND SECTIONS 23-15-601, 23-15-605, 23-15-611 AND 23-15-857, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE PROSCRIBED WHEN TWO CANDIDATES RECEIVE EQUAL VOTES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-601, Mississippi Code of 1972, is amended as follows:
23-15-601. (1) When the
result of the election shall have been ascertained by the managers they, or one
(1) of their number, or some fit person designated by them, shall, by noon of
the second day after the election, deliver to the commissioners of election, at
the courthouse, a statement of the whole number of votes given for each person
and for what office; and the commissioners of election shall canvass the returns,
ascertain and declare the result, and, within ten (10) days after the day of
the election, shall deliver a certificate of his election to the person having
the greatest number of votes for representative in the Legislature of districts
composed of one (1) county or less, or other county office, board of
supervisors, justice court judge and constable. If it appears that two (2) or
more candidates for Representative of the county, or part of the county, or for
any county office, board of supervisors, justice court judge or constable
standing highest on the list, and not elected, have an equal number of votes, * * * a new election shall be held for such
office which shall occur no less than thirty-five (35) days after the date of
the election that resulted from such equal votes, with the aid of two (2)
or more respectable electors of the county, and a certificate of election shall
be given accordingly. The foregoing provisions shall apply to Senators, if the
county be a senatorial district.
(2) The commissioners of election shall transmit 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, a statement of the total number of votes cast in the county for each candidate for each office and the total number of votes cast for such candidates in each precinct in the district in which the candidate ran.
SECTION 2. Section 23-15-605, Mississippi Code of 1972, is amended as follows:
23-15-605. The Secretary of
State, immediately after receiving the returns of an election, not longer than
thirty (30) days after the election, shall sum up the whole number of votes
given for each candidate other than candidates for state offices, legislative
offices composed of one (1) county or less, county offices and county district
offices, according to the statements of the votes certified to him and
ascertain the person or persons having the largest number of votes for each
office, and declare such person or persons to be duly elected; and thereupon
all persons chosen to any office at the election shall be commissioned by the
Governor; but if it appears that two (2) or more candidates for any district office
where the district is composed of two (2) or more counties, standing highest on
the list, and not elected, have an equal number of votes, the election shall be
forthwith decided between the candidates having an equal number of votes by * * * a new election for such office,
which shall occur no less than thirty-five (35) days after the date of the
election that resulted from such equal votes.
SECTION 3. Section 23-15-611, Mississippi Code of 1972, is amended as follows:
23-15-611. (1) In
municipal elections, managers of elections 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 five (5) days after such election,
deliver to each person receiving the highest number of votes a certificate of
election. If it shall appear that any two (2) or more of the candidates
receiving the highest number of votes shall have received an equal number of
votes, the election shall be decided by * * * a new election for
such office which shall occur no less than thirty-five (35) days after the date
of the election that resulted from such equal votes and voted on by the
qualified electors of the municipality.
(2) (a) Within five (5) 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 thereat, 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 a ballot measure in each precinct in the municipality.
(b) The statements required by this subsection 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 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, 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. 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 4. Section 23-15-857, Mississippi Code of 1972, is amended as follows:
23-15-857. (1) When it shall happen that there is any vacancy in a city, town or village office which is elective, the unexpired term of which shall not exceed six (6) months, the same shall be filled by appointment by the governing authority or remainder of the governing authority of said city, town or village. The municipal clerk shall certify to the Secretary of State the fact of such appointment, and the person or persons so appointed shall be commissioned by the Governor.
(2) When it shall happen that there is any vacancy in an elective office in a city, town or village the unexpired term of which shall exceed six (6) months, the governing authority or remainder of the governing authority of said city, town or village shall make and enter on the minutes an order for an election to be held in such city, town or village to fill the vacancy and fix a date upon which such election shall be held. Such order shall be made and entered upon the minutes at the next regular meeting of the governing authority after such vacancy shall have occurred, or at a special meeting to be held not later than ten (10) days after such vacancy shall have occurred, Saturdays, Sundays and legal holidays excluded, whichever shall occur first. Such election shall be held on a date not less than thirty (30) days nor more than forty-five (45) days after the date upon which the order is adopted.
Notice of such election shall be given by the municipal clerk by notice published in a newspaper published in the municipality. Such notice shall be published once each week for three (3) successive weeks preceding the date of such election. The first notice to be published at least thirty (30) days before the date of such election. Notice shall also be given by posting a copy of such notice at three (3) public places in such municipality not less than twenty-one (21) days prior to the date of such election. One (1) of such notices shall be posted at the city, town or village hall. In the event that there is no newspaper published in the municipality, then such notice shall be published as provided for above in a newspaper which has a general circulation within the municipality and by posting as provided for above. In addition, the governing authority may publish such notice in such newspaper for such additional times as may be deemed necessary by the governing authority.
Each candidate shall qualify by petition filed with the municipal clerk by 5:00 p.m. at least twenty (20) days before the date of the election and such petition shall be signed by not less than the following number of qualified electors:
(a) For an office of a city, town or village having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office of a city, town or village having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
No qualifying fee shall be required of any candidate, and the election provided for herein shall be held as far as practicable in the same manner as municipal general elections.
The candidate receiving a majority of the votes cast in said election shall be elected. 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 election to be held two (2) weeks thereafter. The candidate receiving a majority of the votes cast in said election shall be elected. However, if no candidate shall receive 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 two (2) weeks thereafter, and whoever receives the most votes cast in such election shall be elected.
Should the election to be
held two (2) weeks thereafter result in a tie vote, the candidate to prevail
shall be decided by * * * a
new election shall be held for such office which shall occur no less than
thirty-five (35) days after the date of the election that resulted from such
equal votes.
The clerk of the election commission shall then give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election and runoff election showing the results thereof, certified by the clerk of the governing authority. The person elected shall be commissioned by the Governor.
However, if nineteen (19) days prior to the date of the election only one (1) person shall have qualified as a candidate, the governing authority, or remainder of the governing authority, shall dispense with the election and appoint that one (1) candidate in lieu of an election. In the event no person shall have qualified by 5:00 p.m. at least twenty (20) days prior to the date of the election, the governing authority or remainder of the governing authority shall dispense with the election and fill the vacancy by appointment. The clerk of the governing authority shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor.
SECTION 5. This act shall take effect and be in force from and after July 1, 2016.
