HC 47 — Constitution; remove the electoral vote requirement for the Governor.

HC 47 (As Adopted by House)House and Senate) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Beckett House Concurrent Resolution 47 (As Adopted by House)House and Senate) A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONAMEND 140,THE MISSISSIPPI CONSTITUTION OF 1890,1890 TO PROVIDE THAT THE GOVERNOR SHALL BE ELECTED BY AAMENDING MAJORITYSECTION OF140 THEAND PEOPLEREPEALING INSECTIONS A141, GENERAL142 ELECTION AND NOT143 BYTO THEPROVIDE ELECTORALTHAT VOTE OF THE MISSISSIPPIPERSON HOUSERECEIVING OF REPRESENTATIVES, AND IF NO CANDIDATE RECEIVES A MAJORITY VOTEOF AT THE GENERALVOTES ELECTION,FOR THENTHE AOFFICE RUNOFFOF ELECTIONGOVERNOR SHALL BE HELD TWO (2) WEEKS LATER, AND THEALL CANDIDATESTATEWIDE WHOELECTED RECEIVESOFFICIALS AAT MAJORITY VOTE IN THE RUNOFFGENERAL ELECTION SHALL BE ELECTEDDECLARED ASELECTED; GOVERNOR;

ANDTO PROPOSINGPROVIDE THETHAT REPEALIF OFNO SECTIONPERSON 141,RECEIVES MISSISSIPPIA CONSTITUTIONMAJORITY OF 1890, WHICH PROVIDES THAT THE HOUSEVOTES, OFTHEN REPRESENTATIVES SHALL CHOOSE A GOVERNORRUNOFF FROMELECTION THE TWO PERSONS WHO SHALL HAVEBE RECEIVEDHELD THEAS HIGHESTPROVIDED NUMBERBY OFGENERAL POPULARLAW; VOTES;

ANDTO PROPOSINGABOLISH THE REPEALREQUIREMENT OFTHAT SECTIONTHE 142,GOVERNOR MISSISSIPPIAND CONSTITUTIONALL OFSTATEWIDE 1890,ELECTED WHICHOFFICIALS PROVIDESBE THAT,ELECTED INBY CASEVOTE OF ANTHE ELECTIONHOUSE OF THEREPRESENTATIVES GOVERNORIF BYNO THEPERSON HOUSERECEIVES OFBOTH REPRESENTATIVES,A NOMAJORITY MEMBER OF THE HOUSEPOPULAR OFVOTE REPRESENTATIVESAND SHALLA RECEIVEMAJORITY ANOF APPOINTMENT FROM THE GOVERNOR.ELECTORAL VOTES;

AND FOR RELATED PURPOSES.

I.

     "SectionSection 140.  The Governor of the state and all statewide elected officials shall bebe * * * chosen in the following manner: manner Theelected Governorby the people in a general election to be held on the first Tuesday after the first Monday of November * * * of A.D.1895 2023, and on the first Tuesday after the first Monday of November in every fourth year thereafter * * *,until the day shall be electedchanged by law, on election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, or Governor, and.  The person receiving * * * in any county or such legislative district the highest a majority of the peoplenumber of votes cast * * * therein in the election for * * * said these offices * * *, shall be * * * holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes".  In all cases where a generalrepresentative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts.  The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first Tuesdayday afterof the firstnext Mondayensuing session of November * * *ofthe A.D.Legislature declared elected.  If no person receives a majority of the votes, then a runoff election shall be held under procedures prescribed by the Legislature in general law.

1895 * * * 2023,The andSpeaker shall, on the firstsame Tuesday after the first Monday of November in every fourth year thereafter * * *, until the day shallhe be changed by law, an election shall behave heldreceived insaid thereturns, severalopen counties and districtspublish createdthem forin the electionpresence of members of the House of RepresentativesRepresentatives, inand thissaid state,House forshall Governor,ascertain and count the personvote receivingof ineach any county orand such legislative district theand highestdecide numberany ofcontest votesthat castmay therein, for said office, shall be holdenmade toconcerning have received as many votes as such county or district is entitled to members in the Housesame, ofand Representatives, which last named votes are hereby designated "electoral votes".  In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts.  The returns of said electiondecision shall be certifiedmade by thea election commissioners, or the majority of them, of the severalwhole countiesnumber and transmitted, sealed, to the seat of government,members directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives onconcurring thetherein firstby daya ofviva thevoce nextvote, ensuingwhich sessionshall ofbe therecorded Legislature.in its journal;

Theprovided, Speakerin shall,case on the sametwo day(2) hehighest shallcandidates have receivedan saidequal returns,number openof andvotes publish them in theany presencecounty ofor thelegislative Housedistrict, of Representatives, and said House shall ascertain and count the electoral vote of eachsuch county andor legislative district andshall decide any contest that may be madeconsidered concerningas theequally same,divided andbetween saidthem.  decisionThe shallperson befound madeto byhave received a majority of all the wholeelectoral numbervotes, ofand membersalso ofa themajority House of Representativesthe concurringpopular therein by a viva voce vote, which shall be recordeddeclared inelected. its journal;

provided,II. in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them.  The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected.  The candidate who receives the majority number of votes cast for the office of Governor at the general election shall be elected as Governor.  If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held two (2) weeks later.  The candidate who receives a majority of the votes cast in the runoff election shall be elected as Governor.  However, if no candidate receives a majority votes cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held two (2) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected as Governor."      Amend the Mississippi Constitution of 1890 by repealing Section 141, which reads as follows:

     "Section 141.  If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes.  The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted."      Amend the Mississippi Constitution of 1890 by repealing Section 142,141, which reads as follows:

     "SectionSection 142. 141.  InIf caseno ofperson anshall electionreceive ofsuch governormajorities, orthen any state officer by the houseHouse of representatives,Representatives no member of that house shall beproceed eligible to receivechoose anya appointmentGovernor from the governortwo orpersons otherwho stateshall officerhave soreceived elected, during the termhighest fornumber whichof hepopular shallvotes.  beThe elected."election      BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by theviva Secretaryvoce ofvote, Statewhich toshall the qualified electors at an election to be heldrecorded onin the firstjournal, Tuesday after the first Monday of November 2020, as provided by Section 273 of the Constitution and by general law, with the amendments in thissuch resolutionmanner being voted on as oneto (1)show amendmentfor sincewhom theeach proposedmember amendmentsvoted. pertain to one (1) subject.

    III. BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment provides that the Governor shall be elected by a majority of the people in a general election and not by the electoral vote of the Mississippi House of Representatives, and if no candidate receives a majority vote at the general election, then a runoff election shall be held two (2) weeks later, and the candidate who receives a majority vote in the runoff election shall be elected as Governor."

     Amend the Mississippi Constitution of 1890 by repealing Section 142, which reads as follows:

     Section 142.  In case of an election of Governor or any state officer by the House of Representatives, no member of that house shall be eligible to receive any appointment from the Governor or other state officer so elected, during the term for which he shall be elected.

IV.

     Amend the Mississippi Constitution of 1890 by repealing Section 143, which reads as follows:

     Section 143.  All other state officers shall be elected at the same time, and in the same manner as provided for election of Governor.

     BE IT FURTHER RESOLVED, That these proposed amendments shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2020, as provided by Section 273 of the Constitution and by general law, with the proposed amendments in this resolution being voted on as one amendment since they pertain to one subject.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This amendment provides that to be elected Governor, or to any other statewide office, a candidate must receive a majority of the votes in the general election.  If no candidate receives a majority of the votes, then a runoff election shall be held as provided by general law.  The requirement of receiving the most votes in a majority of Mississippi House of Representative's districts is removed."