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HB1026 • 2026

Mandatory recount of votes; provide for in certain situations.

AN ACT TO PROVIDE THAT THE SECRETARY OF STATE, OR THE CIRCUIT CLERK IN THE CASE OF A COUNTY ELECTION, OR THE MUNICIPAL CLERK IN THE CASE OF A MUNICIPAL ELECTION, SHALL CONDUCT, IN A METHOD DIFFERENT FROM THE ORIGINAL COUNT, A RECOUNT OF ALL VOTES CAST FOR ANY OFFICE OR BALLOT QUESTION IN ANY ELECTION IF CERTAIN DIFFERENCES EXIST; TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS; AND FOR RELATED PURPOSES.

Elections
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Ladner
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The candidate explanation included a term 'contest for cause' which was not supported by the official source material.

Mandatory Vote Recounts for Close Elections

This bill requires a different method of counting votes if the difference between candidates or ballot questions is very small.

What This Bill Does

  • Requires a recount when the vote difference is equal to or less than 250 votes or 1% of total votes, whichever is greater.
  • Specifies that no candidate pays for this mandatory recount.
  • Sets a deadline of 72 hours to complete and announce the results of the recount.
  • If machines counted the original votes, the recount must be done by hand counting paper ballots.

Who It Names or Affects

  • Election officials like the Secretary of State, county circuit clerks, and municipal clerks
  • Candidates in close elections

Terms To Know

Recount
A new count of votes to check if there was a mistake or fraud.

Limits and Unknowns

  • The bill did not pass and has no effect.
  • Details of how recounts will be conducted are left up to the Secretary of State's rules.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Apportionment and Elections

Official Summary Text

Mandatory recount of votes; provide for in certain situations.

Current Bill Text

Read the full stored bill text
H. B. No. 1026 *HR26/R580* ~ OFFICIAL ~ G1/2
26/HR26/R580
PAGE 1 (ENK\KW)

To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1026

AN ACT TO PROVIDE THAT THE SECRETARY OF STATE, OR THE CIRCUIT 1
CLERK IN THE CASE OF A COUNTY ELECTION, OR THE MUNICIPAL CLERK IN 2
THE CASE OF A MUNICIPAL ELECTION, SHALL CONDUCT, IN A METHOD 3
DIFFERENT FROM THE ORIGINAL COUNT, A RECOUNT OF ALL VOTES CAST FOR 4
ANY OFFICE OR BALLOT QUESTION IN ANY ELECTION IF CERTAIN 5
DIFFERENCES EXIST; TO AUTHORIZE THE SECRETARY OF STATE TO 6
PROMULGATE RULES AND REGULATIONS; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) The Secretary of State, or the circuit clerk 9
in the case of a county election, or the municipal clerk in the 10
case of a municipal election, shall conduct, in a method different 11
from the original count, a recount of all votes cast for any 12
office or ballot question in any election if the official 13
tabulation of all of the returns for that office or question 14
reveals that the difference in: 15
(a) The number of votes cast for a candidate apparently 16
qualified for the general election ballot or elected to office and 17
the number of votes cast for the closest apparently defeated 18
opponent; or 19
H. B. No. 1026 *HR26/R580* ~ OFFICIAL ~
26/HR26/R580
PAGE 2 (ENK\KW)

(b) The number of votes cast in the affirmative for the 20
ballot question and the number of votes cast in the negative for 21
the ballot question, including when applicable, the tabulation of 22
blank votes, is equal to or less than two hundred fifty (250) 23
votes or one percent (1%) of the total number of votes cast for 24
the contest, whichever is greater. 25
(2) No candidate shall be charged for the cost of a 26
mandatory recount under this section. 27
(3) All mandatory recounts of votes under this section shall 28
be completed and the results publicly announced no later than 29
seventy-two (72) hours after the closing of polls on election day. 30
(4) If the original vote count was done using optical mark 31
reading equipment, the mandatory recount of votes shall be 32
performed by a manual hand count of paper ballots. 33
(5) The Secretary of State may promulgate rules and 34
regulations as necessary to effectuate the provisions of this 35
section, including: 36
(a) Authorizing candidates affected by the recount, or 37
their designated representatives, to attend and witness the 38
recount; and 39
(b) Notifying the parties described in paragraph (a) of 40
the time and place of the recount no later than one (1) day before 41
the date of the recount. 42
H. B. No. 1026 *HR26/R580* ~ OFFICIAL ~
26/HR26/R580
PAGE 3 (ENK\KW)
ST: Mandatory recount of votes; provide for in
certain situations.
(6) A recount conducted pursuant to this section shall not 43
be considered a contest for cause subject to Section 23-15-911 44
through 23-15-963. 45
SECTION 2. This act shall take effect and be in force from 46
and after July 1, 2026. 47