Bill Text: MS SB2646 | 2016 | Regular Session | Introduced
Bill Title: Presidential preference primary; change date to the first Tuesday in March.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2646 Detail]
Download: Mississippi-2016-SB2646-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections
By: Senator(s) Doty
Senate Bill 2646
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, 23-15-1093, 23-15-1055 AND 23-15-299, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-1085, 23-15-1087, 23-15-1089, 23-15-1091, 23-15-1095, 23-15-1097, 23-15-627, 23-15-731, 23-15-733, 23-15-771, 23-15-781, 23-15-783, 23-15-785, 23-15-787, 23-15-789, 23-15-791, 23-15-1031, 23-15-1033, 23-15-1035, 23-15-1037, 23-15-1039 AND 23-15-1041, 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 23-15-1081, 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 * * *
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 23-15-1093, 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 4. 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 5. 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. 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 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 * * * 10 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 6. Section 23-15-1085, Mississippi Code of 1972, is brought forward as follows:
23-15-1085. The chairman of a party's state executive committee shall notify the Secretary of State if the party intends to hold a presidential preference primary. The Secretary of State shall be notified prior to December 1 of the year preceding the year in which a presidential preference primary may be held pursuant to Section 23-15-1081. Upon such notification, the Secretary of State shall issue a proclamation setting every party's congressional and senatorial primary elections that are to be held in the year in which the presidential preference primary is to be held on the date provided for in Section 23-15-1083. Once the Secretary of State has issued a proclamation pursuant to this section, the date of the congressional and senatorial primary elections shall not be changed.
SECTION 7. Section 23-15-1087, Mississippi Code of 1972, is brought forward as follows:
23-15-1087. Except as otherwise provided in this chapter, the laws regulating primary and general elections shall in so far as practical apply to and govern presidential preference primary elections.
SECTION 8. Section 23-15-1089, Mississippi Code of 1972, is brought forward as follows:
23-15-1089. The Secretary of State shall place the name of a candidate upon the presidential preference primary ballot when the Secretary of State shall have determined that such a candidate is generally recognized throughout the United States or Mississippi as a candidate for the nomination of President of the United States.
On or before December 15 immediately preceding a presidential preference primary election the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates he intends to place on the ballot at the following presidential preference primary election. Following this announcement he may add candidates to his selection, but he may not delete any candidate whose name appears on the announced list, unless the candidate dies or has withdrawn as a candidate as provided in this chapter.
SECTION 9. Section 23-15-1091, Mississippi Code of 1972, is brought forward as follows:
23-15-1091. When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Section 23-15-1089, he shall notify the candidate that his name will appear on the ballot of this state in the presidential preference primary election.
The secretary shall also notify the candidate that he may withdraw his name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 23-15-1095 no later than the sixtieth day before that election.
SECTION 10. Section 23-15-1095, Mississippi Code of 1972, is brought forward as follows:
23-15-1095. A candidate's name shall be printed on the appropriate primary ballot unless he or she submits to the Secretary of State before the printing of the official sample ballot, an affidavit stating without qualification that he or she is not now and does not presently intend to become a candidate for the Office of President of the United States at the upcoming nominating convention of his or her political party. If a candidate withdraws pursuant to this section, the Secretary of State shall notify the state executive committee of the political party of such candidate that the candidate's name will not be placed on the ballot.
SECTION 11. Section 23-15-1097, Mississippi Code of 1972, is brought forward as follows:
23-15-1097. All expenses of the presidential preference primary election, which are authorized expenses, as provided by statute relating to primary or general elections, shall be paid in the same manner as provided by law. Compensation of election officials shall be limited to that which is authorized by statute.
SECTION 12. Section 23-15-627, Mississippi Code of 1972, is brought forward as follows:
23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his deputy in order to be utilized to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________ (if eligible to vote by mail).
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
_________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 13. Section 23-15-731, Mississippi Code of 1972, is brought forward as follows:
23-15-731. Any presidential absentee ballots received by the registrar subsequent to the delivery of ballot boxes to the election managers and prior to the time for the closing of the polls on election day shall be retained by the registrar and shall be delivered, together with the applications of the qualified absentee elector to an election official designated to receive them. The registrar shall receive a receipt from the designated election official for all such ballots and applications delivered. The designated election officials shall, upon the canvassing of the returns, count such ballots as if delivered to the proper precincts and such ballots shall be considered valid for all purposes as if they had been actually deposited in the proper precinct ballot boxes. The appropriate election officials shall examine the affidavit of each envelope. If the officials are satisfied that the affidavit is sufficient and that the absentee voter is otherwise qualified to vote, an official shall announce the name of the voter and shall give any person present an opportunity to challenge in like manner and for the same cause as the voter could have been challenged had he presented himself personally in such precinct to vote. The ineligibility of the voter to vote by absentee ballot shall be a ground for a challenge. The officials shall consider any absentee voter challenged when a person has previously filed a written challenge of such voter's right to vote. The election officials shall handle any such challenge in the same manner as other challenged ballots are handled, and if the challenge is not affirmed, the officials shall then open the envelope. The officials shall then open the envelope in such manner as not to destroy the affidavit printed thereon and shall deposit the ballot marked "OFFICIAL ABSENTEE BALLOT," in a ballot box reserved for absentee ballots. The commissioners shall endorse on their pollbooks a proper notation to indicate that the absentee voter has voted in such election by absentee ballot.
SECTION 14. Section 23-15-733, Mississippi Code of 1972, is brought forward as follows:
23-15-733. The registrar shall keep safely and unopened all official presidential absentee ballots which are received subsequent to the election. Upon receipt of such ballot, the registrar shall write the day and hour of the receipt of the ballot on its envelope. All such absentee ballots returned to the registrar shall be safely kept unopened by the registrar for the period of time required for the preservation of ballots used in the election, and shall then, without being opened, be destroyed in like manner as the used ballots of the election. Such information shall be processed through the Statewide Election Management System.
SECTION 15. Section 23-15-771, Mississippi Code of 1972, is brought forward as follows:
23-15-771. At the state convention, a slate of electors composed of the number of electors allotted to this state, which said electors announce a clearly expressed design and purpose to support the candidates for President and Vice President of the national political party with which the said party of this state has had an affiliation and identity of purpose heretofore, shall be designated and selected for a place upon the primary election ballot to be held as herein provided.
SECTION 16. Section 23-15-781, Mississippi Code of 1972, is brought forward as follows:
23-15-781. The number of electors of President and Vice President of the United States to which this state may be entitled, shall be chosen by the qualified electors of the state at large, on the first Tuesday after the first Monday of November in the year in which an election of President and Vice President shall occur.
SECTION 17. Section 23-15-783, Mississippi Code of 1972, is brought forward as follows:
23-15-783. The laws regulating the general elections shall in all respects apply to and govern elections of electors of President and Vice President.
SECTION 18. Section 23-15-785, Mississippi Code of 1972, is brought forward as follows:
23-15-785. (1) When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1,000) qualified voters of this state.
(2) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of the convention and by the chairman of the state executive committee of the political party making the nomination. Any nominating petition, to be valid, must contain the signatures as well as the addresses of the petitioners. The certificates and petitions must be filed with the State Board of Election Commissioners by filing them in the Office of the Secretary of State by 5:00 p.m. not less than sixty (60) days previous to the day of the election.
(3) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached to the certificate or petition when it is filed with the State Board of Election Commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such for ______ for President and _______ for Vice President of the United States" (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached).
(4) The State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "PRESIDENTIAL ELECTORS FOR (here insert the name of the candidate for President, the word 'AND' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on the official ballots, and a vote cast therefor shall be counted and shall be in all respects effective as a vote for each of the presidential electors representing those candidates for President and Vice President of the United States. In the case of unpledged electors, the State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "UNPLEDGED ELECTOR(S) (here insert the name(s) of individual unpledged elector(s) if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name(s) of the elector(s) rather than a slate of electors)."
SECTION 19. Section 23-15-787, Mississippi Code of 1972, is brought forward as follows:
23-15-787. The Secretary of State shall, immediately after ascertaining the result, transmit by mail a notice, in writing, to the persons elected.
SECTION 20. Section 23-15-789, Mississippi Code of 1972, is brought forward as follows:
23-15-789. The electors chosen shall meet at the seat of government of the state on the first Monday after the second Wednesday in December next following their election, and shall there give their votes for President and Vice President of the United States, and shall make return thereof agreeably to the laws of the United States; and should any elector so chosen fail to attend and give his vote, the other electors attending shall appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be forthwith reported to the Secretary of State.
SECTION 21. Section 23-15-791, Mississippi Code of 1972, is brought forward as follows:
23-15-791. Each elector shall be allowed the sum of Four Dollars ($4.00) for every twenty (20) miles of travel, to be estimated by the usual land route, in going from his home to and returning from the seat of government to give his vote, and Four Dollars ($4.00) for every day he shall attend there as an elector, to be paid by the State Treasurer, on the warrant of the auditor.
SECTION 22. Section 23-15-1031, Mississippi Code of 1972, is brought forward as follows:
23-15-1031. Except as may be otherwise provided by Section 23-15-1081, the first primary election for congressmen shall be held on the first Tuesday in June of the years in which congressmen are elected, and the second primary, when one is necessary, shall be held three (3) weeks thereafter. Each year in which a presidential election is held, the congressional primary shall be held as provided in Section 23-15-1081. The election shall be held in all districts of the state on the same day. Candidates for United States Senator shall be nominated at the congressional primary next preceding the general election at which a senator is to be elected and in the same manner that congressmen are nominated, and the chairman and secretary of the state executive committee shall certify the vote for United States Senator to the Secretary of State in the same manner that county executive committees certify the returns of counties in general state and county primary elections.
SECTION 23. Section 23-15-1033, Mississippi Code of 1972, is brought forward as follows:
23-15-1033. Representatives in the Congress of the United States shall be chosen by districts on the first Tuesday after the first Monday of November in the year 1986, and every two (2) years thereafter; and the laws regulating general elections shall in all respects apply to and govern elections for representatives in Congress; and the Governor shall issue a commission to the person elected in each of said districts.
SECTION 24. Section 23-15-1035, Mississippi Code of 1972, is brought forward as follows:
23-15-1035. Each congressional district shall be entitled to one (1) representative, who shall have attained the age of twenty-five (25) years, and been seven (7) years a citizen of the United States, and who shall, when elected, be an inhabitant of this state.
SECTION 25. Section 23-15-1037, Mississippi Code of 1972, is brought forward as follows:
23-15-1037. (1) The State of Mississippi is hereby divided into five (5) congressional districts below:
FIRST DISTRICT. The First Congressional District shall be composed of the following counties and portions of counties:
Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Oktibbeha County, the precincts of Double Springs, Maben and Sturgis; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Congressional District shall be composed of the following counties and portions of counties:
Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington, Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Congressional District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Congressional District; that portion of Panola County not included in the First Congressional District; and that portion of Tallahatchie County not included in the First Congressional District.
THIRD DISTRICT. The Third Congressional District shall be composed of the following counties and portions of counties:
Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Rankin, Scott, Smith, Winston; that portion of Attala County not included in the Second Congressional District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Congressional District; that portion of Madison County not included in the Second Congressional District; that portion of Oktibbeha County not included in the First Congressional District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Congressional District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall, Wilkinson; that portion of Hinds County not included in the Second Congressional District; and that portion of Jones county not included in the Third Congressional District.
FIFTH DISTRICT. The Fifth Congressional District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry, Stone; and that portion of Wayne County not included in the Third Congressional District.
(2) The boundaries of the congressional districts described in subsection (1) of this section shall be the boundaries of the counties and precincts listed in subsection (1) as such boundaries existed on October 1, 1990.
SECTION 26. Section 23-15-1039, Mississippi Code of 1972, is brought forward as follows:
23-15-1039. Should an election of representatives in Congress occur after the number of representatives to which the state is entitled shall be changed, in consequence of a new apportionment being made by Congress, and before the districts shall have been changed to conform to the new apportionment, representatives shall be chosen as follows: In case the number of representatives to which the state is entitled be increased, then one (1) member shall be chosen in each district as organized, and the additional member or members shall be chosen by the electors of the state at large; and if the number of representatives shall be diminished, then the whole number shall be chosen by the electors of the state at large.
SECTION 27. Section 23-15-1041, Mississippi Code of 1972, is brought forward as follows:
23-15-1041. There shall be elected, by the electors of Mississippi, qualified under the law to vote for representatives in the lower house of Congress, one (1) United States Senator at the same time and in the same manner that members of the lower house of Congress are elected in 1988, and every six (6) years thereafter; and in the same manner there shall be one (1) United States Senator elected at the congressional election in 1990, and every six (6) years thereafter; and the person elected shall be commissioned by the Governor.
SECTION 28. This act shall take effect and be in force from and after July 1, 2017.
