Bill Text: MS HB962 | 2013 | Regular Session | Introduced

Mississippi House Bill 962 (Prior Session Legislation)

Introduced

Bill Title: Open primaries for county office; authorize.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [HB962 Detail]

Download: Mississippi-2013-HB962-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Apportionment and Elections

By: Representative Staples

House Bill 962

AN ACT TO AMEND SECTION 23-15-575, MISSISSIPPI CODE OF 1972, TO AUTHORIZE QUALIFIED ELECTORS TO VOTE IN A PRIMARY ELECTION FOR ANY CANDIDATE FOR COUNTY OFFICE REGARDLESS OF PARTY AFFILIATION; TO AMEND SECTION 23-15-571, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO QUALIFIED ELECTOR MAY BE CHALLENGED BECAUSE SUCH ELECTOR IS VOTING IN A PRIMARY ELECTION FOR CANDIDATES FOR COUNTY OFFICE, REGARDLESS OF A CANDIDATE'S PARTY AFFILIATION; TO AMEND SECTION 23-15-263 AND 23-15-333, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH PARTY'S COUNTY EXECUTIVE COMMITTEE TO INCLUDE ON EACH PRIMARY ELECTION BALLOT THE NAMES OF ALL CANDIDATES FOR COUNTY OFFICE, REGARDLESS OF PARTY AFFILIATION, BUT FOR ANY STATE OR MUNICIPAL OFFICE, ONLY THE NAMES OF CANDIDATES AFFILIATED WITH THE PARTY OF THE COUNTY EXECUTIVE COMMITTEE CONDUCTING THE PRIMARY ELECTION SHALL BE LISTED ON THE PRIMARY ELECTION BALLOT; TO AMEND SECTION 23-15-597, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH COUNTY EXECUTIVE COMMITTEE TO COMPILE THE RETURNS FROM EACH PARTY'S PRIMARY FOR COUNTY OFFICE FOR THE PURPOSE OF DETERMINING THE TOTAL NUMBER OF VOTES RECEIVED BY A CANDIDATE FOR COUNTY OFFICE; TO REQUIRE EACH COUNTY EXECUTIVE COMMITTEE TO ANNOUNCE THE TOTAL NUMBER OF VOTES AFTER ALL THE RETURNS ARE ADDED FROM EACH PRIMARY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 23-15-575, Mississippi Code of 1972, is amended as follows:

23-15-575. * * * Each qualified elector shall be eligible to participate in any primary for county office and vote for any candidate for county office regardless of such candidate's party affiliation.

SECTION 2. Section 23-15-571, Mississippi Code of 1972, is amended as follows:

23-15-571. (1) The following persons shall be designated as authorized challengers and shall be allowed to challenge the qualifications of any person offering to vote:

(a) Any candidate whose name is on the ballot in the precinct in which the challenge is made;

(b) Any official poll watcher of a candidate whose name is on the ballot in the precinct in which the challenge is made;

(d) Any qualified elector from the precinct in which the challenge is made; or

(e) Any manager, clerk or poll worker in the polling place where the person whose qualifications are challenged is offering to vote.

(2) The challenge of any authorized challenger shall be considered and acted upon by the managers of the election.

(3) A person offering to vote may be challenged upon the following grounds:

(a) That he is not a registered voter in the precinct;

(b) That he is not the registered voter under whose name he has applied to vote;

(d) That he is not a resident in the precinct where he is registered;

(e) That he has illegally registered to vote;

(f) That he has removed his ballot from the polling place; or

(g) That he is otherwise disqualified by law.

(4) No qualified elector may be challenged because such elector is voting in a primary election for candidates for county office, regardless of party affiliation.

SECTION 3. Section 23-15-263, Mississippi Code of 1972, is amended as follows:

23-15-263. (1) Unless otherwise provided in this chapter, the county executive committee at primary elections shall perform all duties that relate to the qualification of candidates for primary elections, print ballots for primary elections, appoint the primary election officers, resolve contests in regard to primary elections, and perform all other duties required by law to be performed by the county executive committee; however, each house of the Legislature shall rule on the qualifications of the membership of its respective body in contests involving the qualifications of such members. Each county executive committee shall include on each primary election ballot the names of all candidates for county office, regardless of party affiliation, but for any state or municipal office, only the names of candidates affiliated with the party of the county executive committee conducting the primary shall be listed on the primary election ballot. The executive committee shall be subject to all the penalties to which county election commissioners are subject, except that Section 23-15-217 shall not apply to members of the county executive committee who seek elective office.

(2) A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office. The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office.

(3) The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense when committed in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter.

SECTION 4. Section 23-15-333, Mississippi Code of 1972, is amended as follows:

23-15-333. (1) The county executive committee shall have printed all necessary ballots, for use in primary elections. Each county executive committee shall include on each primary election ballot the names of all candidates for county office, regardless of party affiliation, but for any state or municipal office, only the names of candidates affiliated with the party of the county executive committee conducting the primary shall be listed on the primary election ballot. The county executive committee shall have printed all necessary absentee ballots forty-five (45) days prior to the election as required by law and the names shall be listed as provided in this subsection. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. Except as otherwise provided in subsection (2) of this section, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed.

(2) The titles for the various offices shall be listed in the following order:

(a) Candidates for national office;

(b) Candidates for statewide 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 county executive committee.

(3) The county executive committee shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall clearly explain that the elector may vote for any candidate for county office regardless of party affiliation. The instructions shall be printed in large, clear type on "Cards of Instruction," and the county executive committee shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the county executive committee and they may be used, if applicable, in subsequent elections.

(4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

SECTION 5. Section 23-15-597, Mississippi Code of 1972, is amended as follows:

23-15-597. (1) The county executive committee shall meet on the first or second day after each primary election, shall receive and canvass the returns which must be made within the time fixed by law for returns of general elections and declare the * * *~~result,~~ results. Each county executive committee shall compile the returns from each party's primary for county office for the purpose of determining the total number of votes received by a candidate for county office. After the total number of votes are added from each primary, * * *~~and announce~~ the names of * * *~~the~~ all nominees for county and county district offices and the names of those candidates to be submitted to the second primary shall be announced. The vote for state, state district offices and legislative offices shall be tabulated by precincts and certified to and returned to the state executive committee, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six (36) hours after the returns are canvassed and the result ascertained. The state executive committee shall meet a week from the day following the first primary election held for state, state district offices and legislative offices, and shall proceed to canvass the returns and to declare the result, and announce the names of those nominated for the different offices in the first primary and the names of those candidates whose names are to be submitted to the second primary election. The state executive committee shall also meet a week from the day on which the second primary election was held and receive and canvass the returns for state and district offices, if any, and legislative offices, if any, voted on in such second primary. An exact and full duplicate of all tabulations by precincts as certified under this section shall be filed with the circuit clerk of the county who shall safely preserve the same in his office.

(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

SECTION 6. 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 7. 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.