Bill Text: MS SB2531 | 2015 | Regular Session | Engrossed
Bill Title: Presidential preference primary; change date to the first Tuesday in March.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2015-03-30 - Died In Conference [SB2531 Detail]
Download: Mississippi-2015-SB2531-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Rules
By: Senator(s) Burton, Parker
Senate Bill 2531
(As Passed the Senate)
AN ACT TO AMEND SECTION 23-15-1081, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PRESIDENTIAL PREFERENCE PRIMARY SHALL BE HELD ON THE FIRST TUESDAY IN MARCH; TO AMEND SECTIONS 23-15-1083, 23-15-1055, 23-15-299 AND 23-15-1093, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-1081, Mississippi Code of 1972, is amended as follows:
23-15-1081. A presidential
preference primary may be held on the * * * first Tuesday in March of each
year in which a President of the United States is to be elected. Each
political party which has cast for its candidates for President and Vice
President in the previous presidential election more than twenty percent (20%)
of the total vote cast for President and Vice President in the state, may
conduct a presidential preference primary. No elector shall vote in the
primary of more than one (1) political party in the same presidential
preference primary.
SECTION 2. Section 23-15-1083, Mississippi Code of 1972, is amended as follows:
23-15-1083. Beginning in
1988, as an alternative to the congressional primary election date set forth in
Section 23-15-1031, when a political party elects to conduct a presidential
preference primary, the first primary election for congressmen, and senators,
if senators are to be elected, shall be held on the * * * first Tuesday in March, and the
second primary, when one is necessary, shall be held three (3) weeks
thereafter, and the election shall be held in all districts of the state on the
same day.
SECTION 3. Section 23-15-1055, Mississippi Code of 1972, is amended as follows:
23-15-1055. The state
executive committee of each political party shall determine the method and procedures
by which delegates and delegate alternates to the national nominating
conventions are to be selected as well as adopt any other rule not inconsistent
with this chapter. The state executive committee of the political party shall
establish, at least ninety (90) days prior to the * * * first Tuesday in March in years
in which a presidential election is held, procedures to be followed in the
nomination of candidates for delegates and delegate alternates to the
nominating convention of the political party. A copy of any rule or regulation
adopted by the state executive committee shall be sent to the Secretary of
State within seven (7) days after its adoption to become a public record.
SECTION 4. 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 and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate 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.
(b) If the 2010 census redistricting information that is provided to the state in accordance with Public Law 94-171 has not been received from the United States Secretary of Commerce by the Governor of the State of Mississippi by January 1, 2011, then the qualifying deadline for legislative offices shall be changed for the year 2011 only, as follows: Assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on June 1, 2011. This paragraph (b) shall stand repealed on July 1, 2012; however, no such assessments may be paid before January 1 of the year in which the election for the office is held.
(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for legislative offices, shall be paid by each candidate to the circuit clerk of such 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. 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.
(3) Assessments made
pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each
candidate to the secretary of the state executive committee with which the
candidate is affiliated by 5:00 p.m. * * * on January 10 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 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.
(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 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.
(5) The secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, 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 said funds to be finally disposed of by order of their respective executive committees. Such 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 committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.
(7) Upon receipt of the proper fee and all necessary information, the proper executive committee shall then determine 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 is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. 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 unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper executive committee finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the name of such candidate shall not be placed upon the ballot. If the proper executive committee 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.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee 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 5. Section 23-15-1093, Mississippi Code of 1972, is amended as follows:
23-15-1093. Any person
desiring to have his name placed on the presidential preference primary ballot
shall file a petition or petitions in support of his candidacy with the state
executive committee of the appropriate political party after January 1 of the
year in which the presidential preference primary is to be held and before
January * * *
10 of that same year. To comply with this section, a candidate may file
a petition or petitions signed by a total of not less than five hundred (500)
qualified electors of the state, or petitions signed by not less than one
hundred (100) qualified electors of each congressional district of the state,
in which case there shall be a separate petition for each congressional
district. The petitions shall be in such form as the state executive committee
may prescribe; provided, that there shall be a space for the county of
residence of each signer next to the space provided for his signature. No
signature may be counted as valid unless the county of residence of the signer
is provided. Each petition shall contain an affirmation under the penalties of
perjury that each signer is a qualified elector in his congressional district
or in the state, as appropriate.
SECTION 6. This act shall take effect and be in force from and after July 1, 2015, and shall stand repealed on June 30, 2015.
