Bill Text: MS SB3058 | 2010 | Regular Session | Enrolled


Bill Title: Certificates of nomination and nominating petitions for President and V.P.; must be filed not later than 5:00 p.m. on the deadline day.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-03-17 - Approved by Governor [SB3058 Detail]

Download: Mississippi-2010-SB3058-Enrolled.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Elections

By: Senator(s) Burton

Senate Bill 3058

(As Sent to Governor)

AN ACT TO AMEND SECTION 23-15-785, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT CERTIFICATES OF NOMINATION AND NOMINATING PETITIONS FOR CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES MUST BE FILED IN THE OFFICE OF THE SECRETARY OF STATE BY NOT LATER THAN 5:00 P.M. 60 DAYS PRIOR TO THE ELECTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 23-15-785, Mississippi Code of 1972, is amended 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 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.


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