Bill Text: MS HB954 | 2019 | Regular Session | Introduced
Bill Title: Public officials; prohibit those convicted of certain crimes from qualifying for public office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB954 Detail]
Download: Mississippi-2019-HB954-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Apportionment and Elections
By: Representative Denny
House Bill 954
AN ACT TO AMEND SECTION 25-1-113, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM QUALIFYING FOR PUBLIC OFFICE IF THAT PERSON PLED GUILTY TO OR WAS CONVICTED OF UNLAWFULLY TAKING PUBLIC FUNDS; TO AMEND SECTIONS 23-15-221, 23-15-299, 23-15-309, 23-15-359, 23-15-361, 37-9-13 AND 99-15-26, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CERTAIN QUALIFICATIONS FOR CANDIDATES, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-1-113, Mississippi Code of 1972, is amended as follows:
25-1-113. (1) * * * The state and
any county, municipality or any other political subdivision shall not employ a
person, or allow such person to be qualified as a candidate for public
office, who has been convicted or pled guilty in any court of this state,
another state, or in federal court of any felony in which public funds were
unlawfully taken, obtained or misappropriated in the abuse or misuse of the
person's office or employment or money coming into the person's hands by virtue
of the person's office or employment.
(2) * * * The state and
any county, municipality or any other political subdivision shall not allow an
individual to be qualified as a candidate for public office, employ or
continue to employ a person who has been convicted or pled guilty in any court
of this state, another state, or in federal court of any felony in which public
funds were unlawfully taken, obtained or misappropriated in the abuse or misuse
of the person's office or employment or money coming into the person's hands by
virtue of the person's office or employment.
SECTION 2. Section 23-15-221, Mississippi Code of 1972, is amended as follows:
23-15-221. (1) The governing authorities of municipalities having a population of less than twenty thousand (20,000) inhabitants according to the last federal decennial census shall appoint three (3) election commissioners; the governing authorities of municipalities having a population of twenty thousand (20,000) inhabitants or more and less than one hundred thousand (100,000) inhabitants according to the last federal decennial census shall appoint five (5) election commissioners; and the governing authorities of municipalities having a population of one hundred thousand (100,000) or more according to the last federal decennial census shall appoint seven (7) election commissioners. The municipal election commissioners, in conjunction with the municipal clerk, shall perform all the duties in respect to the municipal election prescribed by law to be performed by the county election commissioners where not otherwise provided. The election commissioners shall, in case there be but one (1) election precinct in the municipality, act as poll managers themselves.
(2) The city council or board of aldermen or other governing authority of any municipality desiring to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners shall adopt an ordinance declaring its intention to enter into an agreement with the municipality's county to have the county election commissioners conduct municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. If the municipality is located in more than one (1) county, the municipality shall choose which county it wants to conduct its elections and other duties of its municipal election commissioners and enter into an agreement with that county to have that county's election commissioners conduct the municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. A certified copy of this ordinance shall be immediately forwarded to the Chair of the State Board of Election Commissioners. The municipal authorities shall have a copy of the ordinance published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the municipality and having a general circulation therein. The first publication shall be not less than twenty-eight (28) days before the effective date fixed in the ordinance, and the last publication shall be made not less than seven (7) days before such date. If no newspaper is published in the municipality, then notice shall be given by publishing the ordinance for the required time in some newspaper published in the same or an adjoining county having a general circulation in the municipality. A copy of the ordinance shall also be posted at three (3) public places in the municipality for a period of at least twenty-one (21) days during the time of its publication in a newspaper. The publication of the ordinance may be made as provided in Section 21-17-19. Proof of publication must also be furnished to the Chair of the State Board of Election Commissioners.
(3) If a city council or board of aldermen or other governing authority of any municipality adopts an ordinance to abolish municipal election commissioners in the municipality's county and authorize county election commissioners to conduct the municipal election commissioners' duties, the county election commissioners shall conduct all of the duties of the municipal election commissioners including, but not limited to:
(a) Canvass the results of bond elections in a municipality;
(b) Canvass the returns of special and general elections for mayor and councilmen and within five (5) days after any special or general election, deliver to each person receiving the highest number of votes a certificate of election;
(c) Certify to the Secretary of State the name or names of the person or persons elected at special and general elections within ten (10) days after any special or general election;
(d) Revise the primary pollbooks for municipalities at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks, except they shall not remove from the pollbook any person who is qualified to participate in primary elections;
(e) Print the pollbooks that are to be used in municipal elections;
(f) Print and distribute the "official ballots";
(g) Perform the duties of poll managers in the event there is only one (1) election precinct in the municipality;
(h) Perform any of the duties required of the municipal executive committee pursuant to Section 23-15-239 if the municipal executive committee has entered into a written agreement with the municipal clerk or the municipal or county election commission that gives such authorization;
(i) Determine whether
each party candidate in the municipal general election is a qualified elector
of the municipality, and of the ward if the office sought is a ward office,
whether each candidate either meets all other qualifications to hold the office
he or she is seeking or presents absolute proof that he or she will, subject to
no contingencies, meet all qualifications on or before the date of the general
or special election at which he or she could be elected to office, and whether
any candidate has been convicted (i) of any felony in a court of this
state, * * * (ii) on or after December 8, 1992, of any offense
in another state which is a felony under the laws of this state, * * * (iii) of any
felony in a federal court on or after December 8, 1992, or (iv) of any
offense that involved the abuse or misuse of his or her office or money coming
into his or her hands by virtue of the office;
(j) Declare each candidate elected without opposition, if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of paragraph (i) of this subsection (3);
(k) Canvass the returns for municipal elections received from all voting precincts and within ten (10) days after the 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 the toss of a coin or by lot, fairly and publicly drawn by the election commissioners;
(l) Transmit the statement provided in Section 23-15-611 to the Secretary of State certifying the name or names of the person or persons elected at municipal elections, and such person or persons shall be issued commissions by the Governor;
(m) Receiving the filed document by any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361 as a candidate for municipal office elected on the date designated by law for regular municipal elections that specifically sets forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309; and
(n) Perform all other duties with respect to the municipal election prescribed by law.
(4) If the city council or board of aldermen or other governing authority of any municipality does not desire to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners, then nothing in this section shall be construed in any way to affect, alter or modify the existence of those municipal election commissioners now operating under the laws relating to municipal election commissioners provided in the Mississippi Code of 1972. Those municipalities shall continue to enjoy the form of election commissions and the conduct of the respective elections that are now enjoyed by them, and each shall possess all rights, powers, privileges and immunities granted and conferred under the laws relating to municipal election commissioners provided in the Mississippi Code of 1972.
SECTION 3. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (1)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (1)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(2) (a) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, shall be paid by each candidate who seeks a nomination in the political party election to the circuit clerk of that candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (2)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days. No candidate may attempt to qualify with any political party that does not have a duly organized county executive committee, and the circuit clerk shall not accept any assessments paid for nonlegislative offices pursuant to paragraphs (d) and (e) of Section 23-15-297 if the circuit clerk does not have contact information for the secretary of the county executive committee for that political party.
(b) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the circuit clerk of that candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (2)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county election commission within two (2) business days.
(3) (a) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (3)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (3)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, if applicable, the email address of the candidate, if any, and the office for which he or she is a candidate.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot or the general election ballot.
(5) The Secretary of State or the secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which the candidate making payment is running and the political party with which he or she is affiliated, if applicable, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold the funds to be finally disposed of by order of their respective executive committees. The funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committee members, and of their secretary and may pay the secretary such salary as may be reasonable. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(7) (a) Upon
receipt of the proper fee and all necessary information, the proper executive
committee or the Secretary of State, whichever is applicable, shall then
determine at the time of the qualifying deadline, unless otherwise provided by
law, whether each candidate is a qualified elector of the state, state
district, county or county district which they seek to serve, and whether each
candidate meets all other qualifications to hold the office he or she is
seeking or presents absolute proof that he or she will, subject to no
contingencies, meet all qualifications on or before the date of the general or
special election at which he or she could be elected to office. The proper
executive committee or the Secretary of State, whichever is applicable, shall
determine whether the candidate has taken the steps necessary to qualify for
more than one (1) office at the election. The committee or the Secretary of
State, whichever is applicable, shall also determine whether any candidate has
been convicted: (i) of any felony in a court of this state, * * * (ii) on or after
December 8, 1992, of any offense in another state which is a felony under the
laws of this state, * * * (iii) of any felony in a federal court
on or after December 8, 1992, or (iv) of any offense that involved the abuse
or misuse of his or her office or money coming into his or her hands by virtue
of the office. Excepted from * * * subparagraphs (i), (ii) and (iii)
above are convictions of manslaughter and violations of the United States
Internal Revenue Code or any violations of the tax laws of this state * * *.
(b) If the
proper executive committee or the Secretary of State, whichever is applicable,
finds that a candidate either ( * * *i) is not a qualified elector, ( * * *ii) does not meet all qualifications to
hold the office he or she seeks and fails to provide absolute proof, subject to
no contingencies, that he or she will meet the qualifications on or before the
date of the general or special election at which he or she could be elected, or
( * * *iii)
has been convicted of a felony or disqualifying offense as described in paragraph
(a) of this subsection, and not pardoned, then the executive committee
shall notify the candidate and give the candidate an opportunity to be heard.
The executive committee shall mail notice to the candidate at least three (3)
business days before the hearing to the address provided by the candidate on
the qualifying forms, and the committee shall attempt to contact the candidate
by telephone, email and facsimile if the candidate provided this information on
the forms. If the candidate fails to appear at the hearing or to prove that he
or she meets all qualifications to hold the office subject to no contingencies,
then the name of that candidate shall not be placed upon the ballot.
(c) If the proper executive committee or the Secretary of State, whichever is applicable, determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(d) Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee or the Secretary of State, whichever is applicable, when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 4. Section 23-15-309, Mississippi Code of 1972, is amended as follows:
23-15-309. (1) Nominations for all municipal officers which are elective shall be made at a primary election, or elections, to be held in the manner prescribed by law. All persons desiring to be candidates for the nomination in the primary elections shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least sixty (60) days before the first primary election, no later than 5:00 p.m. on such deadline day. If the sixtieth day to file the fee and written statement before an election falls on a Sunday or legal holiday, the fees and written statements submitted on the business day immediately following the Sunday or legal holiday shall be accepted.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, the email address of the candidate, if any, and the office for which he or she is a candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him or her, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. No candidate may attempt to qualify with any political party that does not have a duly organized municipal executive committee, and the municipal clerk shall not accept any assessments made pursuant to subsection (1) if the municipal clerk does not have contact information for the secretary of the municipal executive committee for that political party. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. The funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) (a) Upon
receipt of the above information, the proper municipal executive committee
shall then determine, at the time of the qualifying deadline, whether each
candidate is a qualified elector of the municipality, and of the ward if the
office sought is a ward office, shall determine whether each candidate either
meets all other qualifications to hold the office he or she is seeking or
presents absolute proof that he or she will, subject to no contingencies, meet
all qualifications on or before the date of the general or special election at
which he or she could be elected to office. The executive committee shall
determine whether the candidate has taken the steps necessary to qualify for
more than one (1) office at the election. The committee also shall determine
whether any candidate has been convicted: (i) of any felony in a court
of this state, * * * (ii) on or after December 8, 1992, of any
offense in another state which is a felony under the laws of this state, * * * (iii) of any
felony in a federal court on or after December 8, 1992, or (iv) of any
offense that involved the abuse or misuse of his or her office or money coming
into his or her hands by virtue of the office. Excepted from * * * subparagraphs (i), (ii) and (iii)
above are convictions of manslaughter and violations of the United States
Internal Revenue Code or any violations of the tax laws of this state unless
such offense also involved misuse or abuse of his or her office or money coming
into his or her hands by virtue of the office.
(b) If the
proper municipal executive committee finds that a candidate either ( * * *i) does not meet all qualifications to
hold the office he or she seeks and fails to provide absolute proof, subject to
no contingencies, that he or she will meet the qualifications on or before the
date of the general or special election at which he or she could be elected, or
( * * *ii)
has been convicted of a felony or disqualifying offense as described in paragraph
(a) of this subsection and not pardoned, then the executive committee shall
notify the candidate and give the candidate an opportunity to be heard. The
executive committee shall mail notice to the candidate at least three (3) business
days before the hearing to the address provided by the candidate on the
qualifying forms, and the committee shall attempt to contact the candidate by
telephone, email and facsimile if the candidate provided this information on
the forms. If the candidate fails to appear at the hearing or to prove he or
she meets all qualifications to hold the office subject to no contingencies,
then the name of such candidate shall not be placed upon the ballot.
(c) If the executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 5. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as provided in this section, the ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297, if the candidates and nominees meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the petition or fee, whichever is applicable, required above shall be filed as provided for in subsection (3), (4) or (5) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and the names shall be listed under the name of the political party that candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of the political party. In the event the candidate qualifies as an independent as provided in this section, he or she shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the Secretary of State by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners of all persons who have filed petitions with the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(5) The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(6) The election commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of the local issue must be filed with the election commissioners by the appropriate governing authority not less than sixty (60) days before the date of the election.
(7) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(8) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the Secretary of State and signed by not less than fifty (50) qualified electors.
(9) (a) The
appropriate election commission shall determine whether each candidate is a
qualified elector of the state, state district, county or county district they
seek to serve, and whether each candidate meets all other qualifications to
hold the office he or she is seeking or presents absolute proof that he or she
will, subject to no contingencies, meet all qualifications on or before the
date of the general or special election at which he or she could be elected to
office. The election commission shall determine whether the candidate has
taken the steps necessary to qualify for more than one (1) office at the
election. The election commission also shall determine whether any candidate
has been convicted: (i) of any felony in a court of this state, * * * (ii) on or after
December 8, 1992, of any offense in another state which is a felony under the
laws of this state, * * * (iii) of any felony in a federal court
on or after December 8, 1992, or (iv) of any offense that involved the abuse
or misuse of his or her office or money coming into his or her hands by virtue
of the office. Excepted from * * * subparagraphs (i), (ii) and (iii)
above are convictions of manslaughter and violations of the United States
Internal Revenue Code or any violations of the tax laws of this state * * *.
(b) If the appropriate
election commission finds that a candidate either ( * * *i) is not a qualified elector, ( * * *ii) does not meet all qualifications to
hold the office he or she seeks and fails to provide absolute proof, subject to
no contingencies, that he or she will meet the qualifications on or before the
date of the general or special election at which he or she could be elected, or
( * * *iii)
has been convicted of a felony or disqualifying offense as described in paragraph
(a) of this subsection, and not pardoned, then the election commission
shall notify the candidate and give the candidate an opportunity to be heard.
The election commission shall mail notice to the candidate at least three (3)
business days before the hearing to the address provided by the candidate on
the qualifying forms, and the committee shall attempt to contact the candidate
by telephone, email and facsimile if the candidate provided this information on
the forms. If the candidate fails to appear at the hearing or to prove that he
or she meets all qualifications to hold the office subject to no contingencies,
then the name of such candidate shall not be placed upon the ballot.
(c) If the appropriate election commission determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(10) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, only one (1) person has duly qualified to be a candidate for the office in the general election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (9) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(11) The petition required by this section may not be filed by using the Internet.
SECTION 6. Section 23-15-361, Mississippi Code of 1972, is amended as follows:
23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he or she was a participant in the primary election, and that the person whose name is presented by him or her was nominated by such primary election. The municipal election commissioners who are required to have the ballots printed, shall also have printed on the ballot in any municipal general election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality or a municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality or a municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary election are required to pay the fee provided for in Section 23-15-309, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each municipal office, and the names shall be listed under the name of the political party the candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. In the event such candidate qualifies as an independent as herein provided, he or she shall be listed on the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal election commissioners of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) (a) The
municipal election commission shall determine whether each party candidate in
the municipal general election is a qualified elector of the municipality, and
of the ward if the office sought is a ward office and shall determine whether
each candidate either meets all other qualifications to hold the office he or
she is seeking or presents absolute proof that he or she will, subject to no
contingencies, meet all qualifications on or before the date of the general or
special election at which he or she could be elected to office. The municipal
election commission also shall determine whether any candidate has been
convicted: (i) of any felony in a court of this state, * * * (ii) on or after
December 8, 1992, of any offense in another state which is a felony under the
laws of this state, * * * (iii) of any felony in a federal court
on or after December 8, 1992, or (iv) of any offense that involved the abuse
or misuse of his or her office or money coming into his or her hands by virtue
of the office. Excepted from * * * subparagraphs (i), (ii) and (iii)
above are convictions of manslaughter and violations of the United States
Internal Revenue Code or any violations of the tax laws of this state * * *.
(b) If the
municipal election commission finds that a candidate either ( * * *i) is not a qualified elector, ( * * *ii) does not meet all qualifications to
hold the office he or she seeks and fails to provide absolute proof, subject to
no contingencies, that he or she will meet the qualifications on or before the
date of the general or special election at which he or she could be elected, or
( * * *iii)
has been convicted of a felony or disqualifying crime as described * * * in paragraph (a) of this subsection
and not pardoned, then the election commission shall notify the candidate and
give the candidate an opportunity to be heard. The election commission shall
mail notice to the candidate at least three (3) business days before the
hearing to the address provided by the candidate on the qualifying forms, and
the committee shall attempt to contact the candidate by telephone, email and
facsimile if the candidate provided this information on the forms. If the
candidate fails to appear at the hearing or to prove he or she meets all
qualifications to hold the office subject to no contingencies, then the name of
the candidate shall not be placed upon the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, only one (1) person has duly qualified to be a candidate for the office in the general election the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 7. Section 37-9-13, Mississippi Code of 1972, is amended as follows:
37-9-13. (1) (a) Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have classroom or administrative experience of not less than six (6) years which shall include at least three (3) years of administrative experience as a school building principal (a) in a school with an "A" or "B" accountability rating, or (b) in a school that increased its accountability rating by a letter grade during the period in which the principal was employed as principal at the school, or (c) in a school with comparable accountability rating or improvement in another state which shall be verified by the Mississippi Department of Education.
(b) Notwithstanding the provisions of subsection (4) of this section, no person shall be eligible to the office of superintendent of schools if the person has pled guilty to or been convicted of any offense that involved the abuse or misuse of his or her office or money coming into his or her hands by virtue of the office.
(2) From and after January 1, 2019, in all public school districts, the local school board shall appoint the superintendent of schools of such district. At the expiration of the term of any county superintendent of education elected at the November 2015 general election, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the local school board in the manner provided in Section 37-9-25. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of schools shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district. The superintendent of schools shall have the general powers and duties to administer the schools within his district as prescribed in Section 37-9-14 et seq., Mississippi Code of 1972.
(3) As an alternative to the qualifications prescribed in subsection (1)(a) of this section, the State Board of Education is authorized and directed to issue regulations by January 1, 2018, which include minimum credentials, educational prerequisites, and relevant best practice experience requirements that will qualify a person to serve as a superintendent without having the direct experience or certification as an educator specified in subsection (1)(a) of this section.
(4) The provisions of this section shall be applicable to any superintendent of schools selected on or after July 1, 2017, who has not previously served as a superintendent or assistant superintendent within the last five (5) years.
SECTION 8. Section 99-15-26, Mississippi Code of 1972, is amended as follows:
99-15-26. (1) (a) In all
criminal cases, felony and misdemeanor, other than crimes against the person, a
crime of violence as defined in Section 97-3-2 * * *, a violation of Section 97-11-31, or
any offense that involved the abuse or misuse of his or her office or money
coming into his or her hands by virtue of the office, the circuit or county
court shall be empowered, upon the entry of a plea of guilty by a criminal
defendant made on or after July 1, 2014, to withhold acceptance of the plea and
sentence thereon pending successful completion of such conditions as may be
imposed by the court pursuant to subsection (2) of this section.
(b) In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(c) Notwithstanding paragraph (a) of this subsection (1), in all criminal cases charging a misdemeanor of domestic violence as defined in Section 99-3-7(5), a circuit, county, justice or municipal court shall be empowered, upon the entry of a plea of guilty by the criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(d) No person having previously qualified under the provisions of this section shall be eligible to qualify for release in accordance with this section for a repeat offense. A person shall not be eligible to qualify for release in accordance with this section if charged with the offense of trafficking of a controlled substance as provided in Section 41-29-139(f) or if charged with an offense under the Mississippi Implied Consent Law. Violations under the Mississippi Implied Consent Law can only be nonadjudicated under the provisions of Section 63-11-30.
(2) (a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:
(i) Reasonable restitution to the victim of the crime.
(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.
(iii) Payment of a fine not to exceed the statutory limit.
(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.
(v) The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years. The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.
(b) Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of an effective evidence-based program or a properly controlled pilot study designed to contribute to the evidence-based research literature on programs targeted at reducing recidivism. Such program or pilot study may be community based or institutionally based and should address risk factors identified in a formal assessment of the offender's risks and needs.
(3) When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.
(4) Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.
(5) Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 9. This act shall take effect and be in force from and after July 1, 2019.
