Bill Text: MS HC52 | 2013 | Regular Session | Introduced
Bill Title: Constitution; amend to change day of November election for statewide officers from Tuesday to Saturday.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HC52 Detail]
Download: Mississippi-2013-HC52-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Apportionment and Elections; Constitution
By: Representative Brown (66th)
House Concurrent Resolution 52
A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO SECTION 102, SECTION 140 AND SECTION 252, MISSISSIPPI CONSTITUTION OF 1890, TO CHANGE THE DAY ON WHICH THE ELECTION OF STATEWIDE OFFICERS OCCURS FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER TO THE FIRST SATURDAY AFTER THE FIRST MONDAY IN NOVEMBER, BEGINNING IN 2015.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:
I.
Amend Section 102, Mississippi Constitution of 1890, to read as follows:
"Section 102. All
general elections for * * * county officers shall commence and be * * * held every four (4) years, on the
first Tuesday after the first Monday in November, until altered by the law; and
the electors, in all cases except in cases of treason, felony, and breach of
peace, shall be privileged from arrest during their attendance at elections and
in going to and returning therefrom."
II.
Amend Section 140, Mississippi Constitution of 1890, to read as follows:
"Section 140. The
Governor of the state shall be chosen in the following manner: On the first * * *
Saturday after the
first Monday of November * * * of A.D. 18952015, and on the first * * *
Saturday after the
first Monday of November in every fourth year thereafter, until the day shall
be changed by law, an election shall be held in the several counties and
districts created for the election of members of the House of Representatives
in this state, for Governor, and the person receiving in any county or such
legislative district the highest number of votes cast therein, for said office,
shall be * * * held
to have received as many votes as such county or district is entitled to
members in the House of Representatives, which last named votes are hereby
designated "electoral votes". In all cases where a representative is
apportioned to two (2) or more counties or districts, the electoral vote based
on such representative, shall be equally divided among such counties or
districts. The returns of said election shall be certified by the election
commissioners, or the majority of them, of the several counties and
transmitted, sealed, to the seat of government, directed to the Secretary of
State, and shall be by him safely kept and delivered to the Speaker of the
House of Representatives on the first day of the next ensuing session of the
Legislature.
The Speaker shall, on the
same day he * * * receives the saidreturns, open and publish them in the presence of the
House of Representatives, and * * * the House shall ascertain and count
the vote of each county and legislative district and decide any contest that
may be made concerning the same, and said decision shall be made by a majority
of the whole number of members of the House of Representatives concurring
therein by a viva voce vote, which shall be recorded in its journal; * * *
however, in case
the two (2) highest candidates have an equal number of votes in any county or
legislative district, the electoral vote of such county or legislative district
shall be considered as equally divided between them. The person found to have
received a majority of all the electoral votes, and also a majority of the
popular vote, shall be declared elected."
III.
Amend Section 252, Mississippi Constitution of 1890, to read as follows:
"Section 252. The term
of office of all elective officers under this Constitution shall be four (4)
years, except as otherwise provided herein. A general election for all * * *
state officers
shall be held on the * * * Saturday
next after the first Monday of November * * * 2015, and every four (4)
years thereafter; * * * however,
the Legislature may change the day and date of general elections to any day and
date in October, November or December."
BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2013, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one amendment since the proposed amendments pertain to one subject.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment changes the day on which the election of statewide public officials occurs from the first Tuesday after the first Monday in November to the first Saturday after the first Monday in November, beginning in 2015 and every four years thereafter."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, 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.
