Bill Text: MS SB2719 | 2014 | Regular Session | Introduced
Bill Title: Justice court judges; to run nonpartisan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2719 Detail]
Download: Mississippi-2014-SB2719-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Accountability, Efficiency, Transparency; Elections
By: Senator(s) Parks
Senate Bill 2719
AN ACT TO AMEND SECTION 9-11-2 AND 23-15-297, MISSISSIPPI CODE 1972, TO PROVIDE FOR THE NONPARTISAN ELECTION OF JUSTICE COURT JUDGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-11-2, Mississippi Code of 1972, is amended as follows:
9-11-2. (1) From and after January 1, 1984, there shall be a competent number of justice court judges in each county of the state. The number of justice court judges for each county shall be determined as follows:
(a) In counties with a population, according to the latest federal decennial census, of thirty-five thousand (35,000) and less, there shall be two (2) justice court judges.
(b) In counties with a population, according to the latest federal decennial census, of more than thirty-five thousand (35,000) and less than seventy thousand (70,000), there shall be three (3) justice court judges.
(c) In counties with a population, according to the latest federal decennial census, of seventy thousand (70,000) and less than one hundred fifty thousand (150,000), there shall be four (4) justice court judges.
(d) In counties with a population, according to the latest federal decennial census, of one hundred fifty thousand (150,000) and more, there shall be five (5) justice court judges.
(2) The board of
supervisors shall establish single member election districts in the county for
the election of each of the justice court judges authorized and required to be
elected for the county under the provisions of subsection (1) of this section,
and one (1) justice court judge shall be elected for each district by the
electors thereof. In any county authorized and required under the provisions
of * * *
subsection (1)(a) of this section to provide for the election of two (2)
justice court judges for the county in which there are two (2) judicial
districts, the smaller of such judicial districts, according to population
based upon the latest federal decennial census, shall comprise or shall be
wholly encompassed within one (1) of such election districts.
(3) Nothing in this section shall be construed to authorize or require more than five (5) justice court judges in any one (1) county from and after January 1, 1984, nor to authorize or require an increase or decrease in the number of justice court judges for any county during the term of office of any justice court judge.
* * *
SECTION 2. Section 23-15-975, Mississippi Code of 1972, is amended as follows:
23-15-975. As used in
Sections 23-15-974 through 23-15-985 of this subarticle, the term
"judicial office" includes the office of justice of the Supreme
Court, judge of the Court of Appeals, circuit judge, chancellor, county court
judge and * * * justice
court judge. * * *
SECTION 3. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for
county court judge * * * and family court judge, the sum of Fifteen Dollars ($15.00).
(d) Candidates for justice court judge, the sum of Ten Dollars ($10.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraph (c) or (d) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 4. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:
(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).
(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).
(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).
(e) Candidates for
county surveyor, county coroner * * * and constable, not to
exceed Ten Dollars ($10.00).
(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).
(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).
SECTION 5. This act shall take effect and be in force from and after its passage to apply to the qualification and candidacy of candidates for justice court judges elected in the November 2015 general election to begin a term beginning January 1, 2016.
