SB 2178 — Elections; impose residency requirement to run for certain offices.

SB2178 (COMMITTEE(As SUBSTITUTE)Passed the Senate) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Blackwell, Polk, Seymour Senate Bill 2178 (COMMITTEE(As SUBSTITUTE)Passed the Senate) AN ACT TO PROVIDE THAT AANY CANDIDATE FOR PUBLICA STATE DISTRICT OFFICE SHALL BE A RESIDENT OF THE MUNICIPALITY,STATE COUNTY OR COUNTY DISTRICT THAT HE OR SHE SEEKS TO SERVEREPRESENT INFOR SUCHFIVE PUBLICYEARS OFFICEIMMEDIATELY BEFOREPRECEDING THE DATEELECTION OFDAY; QUALIFICATION FOR THE ELECTION;

TO PROVIDE THAT ANY CANDIDATE FOR A STATE DISTRICT OFFICE SHALL BE A RESIDENT OF THE STATE DISTRICT THAT HE OR SHE SEEKS TO REPRESENT FOR FIVE YEARS IMMEDIATELY PRECEDING THE ELECTION DAY;

     SECTION 1.  (1)  Any candidate for any municipal,state county or county district office shall be a resident of the municipality,state county, county district or other territory that he or she seeks to represent onin thesuch dateoffice of qualification for thefive election. (5) Ifyears theimmediately electionpreceding official or proper executive committee, whichever is applicable, with whom a candidate files qualifying information finds that the candidateday doesof notelection. meet the residency requirement, then the candidate's name shall not be placed upon the ballot.

     (2)  Any candidate for any statestatewide district office shall be a resident of the state district that he or she seeks to represent in such office for five (5) years immediately preceding the day of election. election. If the election official or proper executive committee, whichever is applicable, with whom a candidate files qualifying information finds that the candidate does not meet the five-year residency requirement, then the candidate's name shall not be placed upon the ballot.

     (3)  AnyA candidate forshall anyprove statewidein officehis shallor beher aqualifying residentinformation ofthat he or she meets the stateapplicable forfive-year fiveresidency (5)requirement yearsor immediatelyprovide precedingabsolute proof, subject to no contingencies, that he or she will meet the dayresidency requirement on or before the date of election. the Ifelection at which the candidate could be elected to office.  The appropriate election official or proper executive committee, whichever is applicable, with whom a candidate files qualifying information findsshall thatreview theand candidatedetermine doeswhether notthe meetcandidate meets the five-yearapplicable residency requirement,requirement thenaccording to the candidate'sprocedures namein Section 23-15-299.  The appropriate election commission shall notreview beand placeddetermine uponwhether a candidate required to file qualifying information with it meets the ballot.applicable residency requirement according to the procedures in Section 23-15-359.

     (4)  ThisIf sectionthe shallqualifications notfor applyan to any elected office thatinclude imposes a specific residency requirement, the residency requirement toin qualifythis forsection suchshall office.not apply.

     25-31-1.  The district attorney shall possess all the qualifications of county officers and, in addition thereto, shall be a resident of the district in which he or she seeks election for five (5) years immediately preceding the day of the election, shall be a regular licensed and practicing attorneyattorney, and shall have been duly admitted to practice before the Supreme Court of the State of Mississippi for a period of two (2) years.