Bill Text: MS SB2552 | 2013 | Regular Session | Introduced
Bill Title: Boards of supervisors; provide the manner of filling vacancies in.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2552 Detail]
Download: Mississippi-2013-SB2552-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: County Affairs; Elections
By: Senator(s) Blount
Senate Bill 2552
AN ACT TO PROVIDE THAT WHEN THERE IS A VACANCY IN THE BOARD OF SUPERVISORS OF A COUNTY, THE UNEXPIRED TERM OF WHICH EXCEEDS SIX MONTHS, THE REMAINING MEMBERS OF THE BOARD OF SUPERVISORS OF THE COUNTY SHALL MAKE AN ORDER DIRECTED TO THE COMMISSIONERS OF ELECTION FOR AN ELECTION TO BE HELD IN THE SUPERVISOR'S DISTRICT TO FILL THE VACANCY AND FIX A DATE UPON WHICH THE ELECTION SHALL BE HELD; TO PROVIDE THAT AT LEAST 40 DAYS' NOTICE SHALL BE GIVEN OF THE ELECTION AND TO PROVIDE THAT CANDIDATES SHALL QUALIFY BY 5:00 P.M. AT LEAST 30 DAYS BEFORE THE DATE OF THE ELECTION; TO PROVIDE FOR NOTICE OF THE ELECTION; TO AMEND SECTIONS 23-15-835 AND 23-15-839, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) When there is a vacancy in the board of supervisors of a county, the unexpired term of which exceeds six (6) months, the remaining members of the board of supervisors of the county shall, within ten (10) days of the occurrence of the vacancy, make an order, in writing, directed to the commissioners of election for an election to be held in the supervisor's district to fill the vacancy and fix a date upon which the election shall be held. At least forty (40) days' notice shall be given of the election. Each candidate shall qualify by 5:00 p.m. at least thirty (30) days before the date of the election.
(2) Immediately upon receipt of the order, the commissioners of election shall give notice of the special election to fill the vacancy in the board of supervisors by posting notices at the courthouse and in the supervisor's district in which the election is to be held for forty (40) days prior to the election.
(3) The special election shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, then a runoff election shall be held as provided for in Section 23-15-833.
(4) The election commission shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election and runoff election showing the results, certified by the clerk of the Board of Supervisors. The person elected shall be commissioned by the Governor.
(5) If only one (1) person qualifies with the commissioners of election to be a candidate within the time provided in subsection (1) of this section, the commissioners of election shall certify to the board of supervisors that there is but one (1) candidate and the board of supervisors shall dispense with the election and appoint the candidate so certified to fill the unexpired term. The clerk of the board shall certify to the Secretary of State the candidate so appointed to serve in the office and that candidate shall be commissioned by the Governor. In the event that no person qualifies within the time provided, the commissioners of election shall certify that fact to the board of supervisors which shall dispense with the election and fill the vacancy by appointment. The clerk of the board of supervisors shall certify to the Secretary of State the fact of the appointment, and the person so appointed shall be commissioned by the Governor.
SECTION 2. Section 23-15-835, Mississippi Code of 1972, is amended as follows:
23-15-835. Except as
otherwise provided by Section 1 of this act, the commissioners of election
of the several counties to whom the writ of election may be directed shall,
immediately on the receipt thereof, give notice of * * * the special election to fill a
vacancy in * * *
the county or county district office by posting notices at the
courthouse and in each supervisor's district in the county for ninety (90) days
prior to such election. * * * The election shall be
prepared for and held as in case of a general election.
SECTION 3. Section 23-15-839, Mississippi Code of 1972, is amended as follows:
23-15-839. (1) When a
vacancy * * *
occurs in any county or county district office, the * * * vacancy shall be filled by
appointment by the board of supervisors of the county, by order entered upon
its minutes, where the vacancy occurs, or by appointment of the president of
the board of supervisors, by and with the consent of the majority of the board
of supervisors, if such vacancy occurs when * * * the board is not in session, and
the clerk of the board shall certify to the Secretary of State the fact of the
appointment, and the person so appointed shall be commissioned by the Governor * * *.
(2) When a vacancy
occurs in any county or county district office * * *, the unexpired term * * * of which is longer than six (6)
months, * * *
the appointee shall serve until a successor is elected as hereinafter
provided, unless the regular special election day on which the vacancy should
be filled occurs in a year in which an election would normally be held for that
office as provided by law, in which case the person so appointed shall serve
the unexpired portion of the term. * * * These vacancies shall be filled
for the unexpired term by the qualified electors at the next regular special
election day occurring more than ninety (90) days after the occurrence of the
vacancy. The board of supervisors of the county shall, within ten (10) days
after the happening of the vacancy, make an order, in writing, directed to the
commissioners of election, commanding an election to be held on the next
regular special election day to fill the vacancy. The election commissioners
shall require each candidate to qualify at least sixty (60) days before the
date of the election, and shall give a certificate of election to the person
elected, and shall return to the Secretary of State a copy of the order of
holding the election, showing the results thereof, certified by the clerk of
the board of supervisors. The person elected shall be commissioned by the
Governor.
( * * *3) In any election ordered pursuant to
this section where only one (1) person * * * qualifies with the
commissioners of election to be a candidate within the time provided by law,
the commissioners of election shall certify to the board of supervisors that
there is but one (1) candidate. Thereupon, the board of supervisors shall
dispense with the election and shall appoint the candidate so certified to fill
the unexpired term. The clerk of the board shall certify to the Secretary of
State the candidate so appointed to serve in * * * the office and that candidate shall
be commissioned by the Governor. In the event that no person * * * qualifies by 5:00
p.m. sixty (60) days prior to the date of the election, the commissioners of
election shall certify that fact to the board of supervisors which shall dispense
with the election and fill the vacancy by appointment. The clerk of the board
of supervisors shall certify to the Secretary of State the fact of the
appointment, and the person so appointed shall be commissioned by the Governor.
(4) This section shall not apply to vacancies in boards of supervisors.
SECTION 4. 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 5. 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.
