Bill Text: MS SB2052 | 2024 | Regular Session | Introduced
Bill Title: Elections; change qualifying period and date of primary.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2052 Detail]
Download: Mississippi-2024-SB2052-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Elections
By: Senator(s) Blackwell
Senate Bill 2052
AN ACT TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO CHANGE THE CANDIDATE QUALIFYING PERIOD AND DATE OF PRIMARY ELECTIONS; TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-191, MISSISSIPPI CODE OF 1972, TO CHANGE THE PRIMARY ELECTION DAY FOR STATEWIDE, STATE DISTRICT, LEGISLATIVE, COUNTY AND COUNTY DISTRICT OFFICES; TO AMEND SECTION 23-15-653, MISSISSIPPI CODE OF 1972, TO CLARIFY THE TIME WHICH A REGISTRAR MUST BE OPEN ON THE TWO WEEKS PRIOR TO EACH ELECTION; TO BRING FORWARD SECTION 23-15-541, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a) Assessments
made pursuant to subsection (1)(a), (b), (c) and (d) 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 31 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 * * * March 1 of the year in which the
primary election for the office is held. If * * * March 31 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 (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 subsection (3)(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 31 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 * * * March 1 of the year in which the primary election for the office
is held. If * * * March 31 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 (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 subsection (1)(e) and (f) 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 31 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 * * * March 1 of the year in which the election for the office is
held. If * * *
March 31 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 (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 subsection (1)(e) and (f) 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 subsection (3)(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 31 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 * * * March 1 of the year in which the primary election for the office
is held. If * * * March 31 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 (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 subsection (1)(g) and (h) 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 * * * March 1 of the year in which the
primary election for the office is held. Assessments made pursuant to subsection
(1)(g) and (h) 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 31 of the year in which the
primary election for the office is held; however, no such assessments may be paid
before * * *
March 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 31, 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 (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 subsection (3)(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 * * * March 1 of the year in which the
primary election for the office is held. Assessments made pursuant to subsection
(3)(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 31 of the year in which the
primary election for the office is held; however, no such assessments may be paid
before * * *
March 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 31, 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 (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 misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. Excepted from the 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 other 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 2. 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 the 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 * * * March 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 * * * March 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 misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. Excepted from the 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 other 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. 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 3. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first Tuesday after the first Monday of * * * June preceding any regular or
general election; and the second primary shall be held three (3) weeks
thereafter. The candidate that receives a majority of the votes cast in the
election shall be the party nominee. If no candidate receives a majority vote
at the election, then the two (2) candidates who receive the highest number of votes
shall have their names placed on the ballot for the second primary election to
be held three (3) weeks later. The candidate who receives the most votes in
the second primary election shall be the party nominee. However, if no candidate
receives a majority vote at the first primary, and there is a tie in the
election of those receiving the next highest vote, then 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 to
be held three (3) weeks later, and whoever receives the most votes cast in the
second primary election shall be the party nominee.
SECTION 4. Section 23-15-653, Mississippi Code of 1972, is amended as follows:
23-15-653. All registrars' offices shall remain open from 8:00 am until noon on the two (2) Saturdays prior to each election.
SECTION 5. Section 23-15-541, Mississippi Code of 1972, is brought forward as follows:
23-15-541. (1) At all elections, the polls shall be opened promptly at 7:00 a.m. and be kept open until the last qualified voter, who was standing in line at the polling place at 7:00 p.m., has cast his or her ballot, or 7:00 p.m., whichever is later. One (1) hour before opening the polls, and not before, the poll managers shall designate two (2) of their number, other than the poll manager who was designated as the receiving and returning poll manager, who shall be known respectively as the initialing poll manager and the alternate initialing poll manager. The alternate initialing poll manager, in the absence of the initialing poll manager, shall perform all of the duties and undertake all of the responsibilities of the initialing poll manager. When any person entitled to vote shall appear to vote, the poll managers shall locate the name of the voter in the pollbook, identify the voter by requiring the voter to submit acceptable photo identification as required by Section 23-15-563, and then allow the voter to sign his or her name in a receipt book or booklet provided for that purpose and to be used at that election only. After the voter has signed the receipt book or booklet, the initialing poll manager or, in his or her absence, the alternate initialing poll manager shall endorse his or her initials on the back of an official blank ballot, prepared in accordance with law, and at such place on the back of the ballot that the initials may be seen after the ballot has been marked and folded, and when so endorsed he or she shall deliver it to the voter, which ballot the voter shall mark in the manner provided by law, which when done the voter shall deliver the ballot to the initialing poll manager or, in his or her absence, to the alternate initialing poll manager, in the presence of the others, and the poll manager shall see that the ballot so delivered bears on the back thereof the genuine initials of the initialing poll manager, or alternate initialing poll manager, and if so, but not otherwise, the ballot shall be put into the ballot box; and when so done one (1) of the poll managers shall mark the pollbook "VOTED" across from the name of the voter and in the appropriate column. If the voter is unable to write his or her name on the receipt book, a poll manager shall note on the back of the ballot that it was receipted for by the poll manager's assistance.
(2) A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.
(a) Where the poll managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) poll managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle. After determining the disabled person is a qualified elector as provided by law by locating the disabled elector's name in the pollbook, the poll managers shall identify the disabled elector by requiring the elector to submit acceptable photo identification as required by Section 23-15-563 and then allow the elector to sign his or her name in the receipt book and cast his or her ballot in secret. To ensure the secrecy of the vote of the disabled elector, other passengers in the motor vehicle, except the disabled elector and any other disabled persons in the motor vehicle, shall exit the motor vehicle until the disabled elector has completed the casting of his or her ballot. After the disabled elector casts his or her ballot, the poll managers shall mark "VOTED" by the elector's name and in the appropriate column in the pollbook.
(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing poll manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing poll manager or alternate initialing poll manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "VOTED" by the elector's name and in the appropriate column in the pollbook. The initialing poll manager or alternate initialing poll manager shall without delay place the ballot in the ballot box.
(c) If, while a voter is voting by curbside, there are less than three (3) poll managers immediately present within the polling place conducting an election, all voting at the polls shall stop until the poll managers conducting the curbside voting return to the polls so that there are at least three (3) poll managers immediately present within the polling place to conduct the election, and until a minimum of three (3) poll managers are present, the remaining poll manager or poll managers shall ensure the security of the ballot box, the voting devices, and any ballots and election materials.
(3) Nothing in this section shall prevent a voter from requesting voter assistance as provided in Section 23-15-549.
SECTION 6. This act shall take effect and be in force from and after July 1, 2024.
