Bill Text: MS SB2312 | 2013 | Regular Session | Engrossed
Bill Title: Provide an exclusive procedure to contest the qualification of candidates for county election commissioner and municipal office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-03-05 - Died In Committee [SB2312 Detail]
Download: Mississippi-2013-SB2312-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Elections
By: Senator(s) McDaniel
Senate Bill 2312
(As Passed the Senate)
AN ACT TO AMEND SECTION 23-15-963, MISSISSIPPI CODE OF 1972, TO PROVIDE THE PROPER LOCATION TO FILE AN ELECTION CONTEST FOR ANY PERSON DESIRING TO CONTEST THE ELECTION OF A CANDIDATE FOR COUNTY ELECTION COMMISSIONER OR A CANDIDATE FOR ANY MUNICIPAL OFFICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-963, Mississippi Code of 1972, is amended as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for municipal office elected on the date designated by law for regular municipal elections, shall file a petition specifically setting 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, Mississippi Code of 1972. Such petition shall be filed with the municipal commissioners of election, being the same body with whom the candidate in question qualified pursuant to Section 23-15-361, Mississippi Code of 1972.
( * * *4) Within ten (10) days of receipt
of the petition described * * * in subsections (1), (2) and (3) of this
section, the appropriate election officials shall meet and rule upon the
petition. At least two (2) days before the hearing to consider the petition,
the appropriate election officials shall give notice to both the petitioner and
the contested candidate of the time and place of the hearing on the petition.
Each party shall be given an opportunity to be heard at such meeting and present
evidence in support of his position.
( * * *5) If the appropriate election
officials fail to rule upon the petition within the time required above, such
inaction shall be interpreted as a denial of the request for relief contained
in the petition.
( * * *6) Any party aggrieved by the action
or inaction of the appropriate election officials may file a petition for
judicial review to the circuit court of the county in which theelection officials whose decision is being
reviewed sits. Such petition must be filed no later than fifteen (15) days
after the date the petition was originally filed with the appropriateelection officials. Such person filing for
judicial review shall give a cost bond in the sum of Three Hundred Dollars
($300.00) with two (2) or more sufficient sureties conditioned to pay all costs
in case his petition be dismissed, and an additional bond may be required, by
the court, if necessary, at any subsequent stage of the proceedings.
( * * *7) The circuit court with whom such
a petition for judicial review has been filed shall at the earliest possible
date set the matter for hearing. Notice shall be given the interested parties
of the time set for hearing by the circuit clerk. The hearing before the
circuit court shall be de novo. The matter shall be tried to the circuit
judge, without a jury. After hearing the evidence, the circuit judge shall
determine whether the candidate whose qualifications have been challenged is
legally qualified to have his name placed upon the ballot in question. The
circuit judge may, upon disqualification of any such candidate, order that such
candidate shall bear the court costs of the proceedings.
( * * *8) Within three (3) days after
judgment is rendered by the circuit court, the contestant or contestee, or
both, may file an appeal in the Supreme Court upon giving a cost bond in the
sum of Three Hundred Dollars ($300.00), together with a bill of exceptions
which shall state the point or points of law at issue with a sufficient
synopsis of the facts to fully disclose the bearing and relevancy of such
points of law. The bill of exceptions shall be signed by the trial judge, or
in case of his absence, refusal or disability, by two (2) disinterested
attorneys, as is provided by law in other cases of bills of exception. The
filing of such appeals shall automatically suspend the decision of the circuit
court and the appropriate election officials are entitled to proceed based upon
their decision unless and until the Supreme Court, in its discretion, stays
further proceedings in the matter. The appeal shall be immediately docketed in
the Supreme Court and referred to the court en banc upon briefs without oral
argument unless the court shall call for oral argument, and shall be decided at
the earliest possible date, as a preference case over all others. The Supreme
Court shall have the authority to grant such relief as is appropriate under the
circumstances.
( * * *9) The procedure set forth above
shall be the sole and only manner in which the qualifications of a candidate
seeking public office who qualified pursuant to the provisions of * * *
Sections 23-15-359,
23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged
prior to the time of his election. After any such person has been elected to
public office, the election may be challenged as otherwise provided by law.
After any person assumes an elective office, his qualifications to hold that
office may be contested as otherwise provided by law.
SECTION 2. 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 3. 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.
