Bill Text: MS SB2687 | 2016 | Regular Session | Introduced
Bill Title: Runoff general election; to be held when candidates for an office receive an equal number of votes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2687 Detail]
Download: Mississippi-2016-SB2687-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections
By: Senator(s) Stone
Senate Bill 2687
AN ACT TO REMOVE THE REQUIREMENT THAT TIED ELECTIONS BE DECIDED BY LOT; TO AUTHORIZE A RUNOFF ELECTION WHEN CANDIDATES FOR AN OFFICE WHO RECEIVE THE HIGHEST NUMBER OF VOTES ALSO RECEIVE AN EQUAL NUMBER OF VOTES; TO PROVIDE THAT ONLY THOSE ELIGIBLE ELECTORS WHO DID NOT CAST A VOTE IN THE GENERAL ELECTION SHALL BE ELIGIBLE TO VOTE IN THE RUNOFF ELECTION; TO AMEND SECTIONS 23-15-601, 23-15-605 AND 23-15-607, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-601, Mississippi Code of 1972, is amended as follows:
23-15-601. (1) This section shall apply to the general election for legislative offices where the district is composed of one (1) county or less, any other county office, board of supervisors, justice court judge and constable.
(2) When the result
of the election shall have been ascertained by the managers they, or one (1) of
their number, or some fit person designated by them, shall, by noon of the
second day after the election, deliver to the commissioners of election, at the
courthouse, a statement of the whole number of votes given for each person and
for what office * * *.
The commissioners of election shall canvass the returns, ascertain and declare
the result, and, within ten (10) days after the day of the election, shall
deliver a certificate of his election to the person having the greatest number
of votes for * * * each office.
(3) If it appears
that the two (2) or more candidates * * * with the
highest number of votes have an equal number of votes, * * * then those two (2) or more candidates
for the office shall have their names submitted as candidates in a runoff
election to be held three (3) weeks after the general election. Only those
eligible electors who did not vote in the general election shall be permitted
to vote in the runoff election. The results shall be ascertained as provided
in subsection (2) of this section except that the commissioners of election
shall deliver a certificate of election to the person having the greatest
number of votes in the general and the runoff election.
( * * *4) The commissioners of election shall
transmit to the Secretary of State, on such forms and by such methods as may be
required by rules and regulations promulgated by the Secretary of State, a
statement of the total number of votes cast in the county for each candidate
for each office and the total number of votes cast for such candidates in each
precinct in the district in which the candidate ran.
SECTION 2. Section 23-15-605, Mississippi Code of 1972, is amended as follows:
23-15-605. (1) This section shall apply to the general election for district offices where the district is composed of two (2) or more counties and any office other than state offices, legislative offices composed of one (1) county or less, county offices and county district offices.
(2) The Secretary of
State, immediately after receiving the returns of an election, not longer than
thirty (30) days after the election, shall sum up the whole number of votes
given for each candidate * * *other than candidates for state offices, legislative offices composed of
one (1) county or less, county offices and county district offices for
an office, according to the statements of the votes certified to him * * *. The Secretary of State shall
ascertain the person or persons having the largest number of votes for each
office * * *
and declare such person or persons to be duly elected * * *. Thereupon all persons chosen to
any office at the election shall be commissioned by the Governor * * *.
(3) If it appears
that the two (2) or more candidates for any district office * * *
with the
highest number of votes have an equal number of votes, * * * then
those two (2) or more candidates for the office shall have their names
submitted as candidates in a runoff election to be held three (3) weeks after
the general election. Only those eligible electors who did not vote in the
general election shall be permitted to vote in the runoff election. The
results shall be ascertained as provided in subsection (2) of this section
except that the Secretary of State shall declare the person having the greatest
number of votes in the general and the runoff election to be duly elected.
SECTION 3. Section 23-15-607, Mississippi Code of 1972, is amended as follows:
23-15-607. (1) This section shall apply to any election for judges of the Supreme Court or Court of Appeals.
(2) The
commissioners of election shall, within ten (10) days after an election for
judges of the Supreme Court or Court of Appeals, transmit to the Secretary of
State, to be filed in his office, a statement of the whole number of votes
given in their county, and the whole number of votes given in each precinct in
their county, for each judicial candidate * * *. The Secretary of State shall immediately
notify each member of the State Board of Election Commissioners in writing to
assemble at his office on a day to be fixed by him, to be within ten (10) days
after the receipt by him of such statement, and when assembled pursuant to such
notice the State Board of Election Commissioners shall sum up the whole number
of votes given for each judicial candidate * * * according
to the total number of votes in each county for each candidate as certified to
the Secretary of State, ascertain the person or persons to be elected * * *. Thereupon all persons chosen to
such judicial office at the election shall be commissioned by the
Governor * * *.
(3) If it appears
that the two (2) or more candidates for * * * judicial office with the
highest number of votes have an equal number of votes, * * * then
those two (2) or more candidates for the office shall have their names
submitted as candidates in a runoff election to be held three (3) weeks after
the general election. Only those eligible electors who did not vote in the
general election shall be permitted to vote in the runoff election. The
results shall be ascertained as provided in subsection (2) of this section
except that the Secretary of State shall declare the person having the greatest
number of votes in the general and the runoff election to be duly elected.
( * * *4) The statements required by this
section shall contain a certification, signed and dated by a majority of the
commissioners of election, which shall read as follows:
"We, the undersigned commissioners of election, do hereby certify that this statement of the whole number of votes contain the official vote for the election reflected therein."
( * * *5) The statements required by this
section shall be transmitted to the Secretary of State on such forms and by
such methods as may be required by rules and regulations promulgated by the
Secretary of State.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.
