Bill Text: MS SB2237 | 2019 | Regular Session | Enrolled
Bill Title: Public office; persons convicted of certain crimes are ineligible to qualify as a candidate for or be appointed to.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-03-21 - Approved by Governor [SB2237 Detail]
Download: Mississippi-2019-SB2237-Enrolled.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Elections
By: Senator(s) Blackwell, Jordan, McDaniel, Hill, Jackson (32nd), Jackson (11th)
Senate Bill 2237
(As Sent to Governor)
AN ACT TO CLARIFY THAT PERSONS WHO HAVE BEEN CONVICTED OF EMBEZZLEMENT OF PUBLIC FUNDS ARE NOT ELIGIBLE TO HOLD PUBLIC OFFICE; TO AMEND SECTIONS 23-15-299 AND 23-15-359, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE APPROPRIATE ELECTION OFFICIALS SHALL VERIFY THAT PERSONS WHO SUBMIT QUALIFYING PAPERS TO RUN FOR PUBLIC OFFICE HAVE NOT BEEN CONVICTED OF A DISQUALIFYING OFFENSE; TO AMEND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE QUALIFICATIONS FOR APPOINTMENT TO THE OFFICE OF SCHOOL DISTRICT SUPERINTENDANT; TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO PROHIBIT NONADJUDICATION OF OFFENSES INVOLVING THE MISUSE OF FUNDS BY PUBLIC OFFICIALS AND EMPLOYEES; 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 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 * * * (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 * * * (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 * * * (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 * * *
(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 * * * (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 * * * (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 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 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 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 state or federal offense in which he or she unlawfully took, obtained or misappropriated funds received by or entrusted to the person by virtue of his or her public office or employment.
(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 4. 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 crimes
in which a person unlawfully takes, obtains or misappropriates funds received
by or entrusted to the person by virtue of his or her public office or
employment, 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 5. This act shall take effect and be in force from and after July 1, 2019.
