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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Sanford
HOUSE BILL NO. 1238
AN ACT TO AMEND SECTIONS 23-15-299 AND 23-15-309, MISSISSIPPI 1
CODE OF 1972, TO AUTHORIZE A POLITICAL PARTY EXECUTIVE COMMITTEE 2
TO DISQUALIFY A CANDIDATE DUE TO THE CANDIDATE NOT MEETING THE 3
QUALIFICATIONS ESTABLISHED BY THAT POLITICAL PARTY EXECUTIVE 4
COMMITTEE; TO REQUIRE A CANDIDATE WHO IS DISQUALIFIED DUE SOLELY 5
TO THE CANDIDATE NOT MEETING THE POLITICAL PARTY'S REQUIREMENTS TO 6
AUTOMATICALLY BE PLACED ON THE BALLOT AS AN INDEPENDENT; TO AMEND 7
SECTIONS 23-15-359 AND 23-15-361, MISSISSIPPI CODE OF 1972, TO 8
REQUIRE THE BALLOT TO INCLUDE THE NAME OF EACH CANDIDATE 9
AUTOMATICALLY RUNNING AS AN INDEPENDENT DUE SOLELY TO THE 10
CANDIDATE NOT MEETING A POLITICAL PARTY'S REQUIREMENTS; AND FOR 11
RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 23-15-299, Mississippi Code of 1972, is 14
amended as follows: 15
23-15-299. (1) (a) Assessments made pursuant to subsection 16
(1)(a), (b), (c) and (d) of Section 23-15-297 shall be paid by 17
each candidate who seeks a nomination in the political party 18
election to the secretary of the state executive committee with 19
which the candidate is affiliated by 5:00 p.m. on February 1 of 20
the year in which the primary election for the office is held or 21
on the date of the qualifying deadline provided by statute for the 22
office, whichever is earlier; however, no such assessments may be 23
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paid before January 1 of the year in which the primary election 24
for the office is held. If February 1 or the date of the 25
qualifying deadline provided by statute for the office occurs on a 26
Saturday, Sunday or legal holiday, then the assessments required 27
to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the 28
business day immediately following the Saturday, Sunday or legal 29
holiday. 30
(b) Assessments made pursuant to subsection (3)(a), (b) 31
and (c) of Section 23-15-297 shall be paid by each independent 32
candidate or special election candidate to the Secretary of State 33
by 5:00 p.m. on February 1 of the year in which the primary 34
election for the office is held or on the date of the qualifying 35
deadline provided by statute for the office, whichever is earlier; 36
however, no such assessments may be paid before January 1 of the 37
year in which the primary election for the office is held. If 38
February 1 or the date of the qualifying deadline provided by 39
statute for the office occurs on a Saturday, Sunday or legal 40
holiday, then the assessments required to be paid by this 41
paragraph (b) shall be paid by 5:00 p.m. on the business day 42
immediately following the Saturday, Sunday or legal holiday. 43
(2) (a) Assessments made pursuant to subsection (1)(e) and 44
(f) of Section 23-15-297, shall be paid by each candidate who 45
seeks a nomination in the political party election to the circuit 46
clerk of that candidate's county of residence by 5:00 p.m. on 47
February 1 of the year in which the primary election for the 48
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office is held or on the date of the qualifying deadline provided 49
by statute for the office, whichever is earlier; however, no such 50
assessments may be paid before January 1 of the year in which the 51
election for the office is held. If February 1 or the date of the 52
qualifying deadline provided by statute for the office occurs on a 53
Saturday, Sunday or legal holiday, then the assessments required 54
to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the 55
business day immediately following the Saturday, Sunday or legal 56
holiday. The circuit clerk shall forward the fee and all 57
necessary information to the secretary of the proper county 58
executive committee within two (2) business days. No candidate 59
may attempt to qualify with any political party that does not have 60
a duly organized county executive committee, and the circuit clerk 61
shall not accept any assessments paid for nonlegislative offices 62
pursuant to subsection (1)(e) and (f) of Section 23-15-297 if the 63
circuit clerk does not have contact information for the secretary 64
of the county executive committee for that political party. 65
(b) Assessments made pursuant to subsection (3)(d) and 66
(e) of Section 23-15-297 shall be paid by each independent 67
candidate or special election candidate to the circuit clerk of 68
that candidate's county of residence by 5:00 p.m. on February 1 of 69
the year in which the primary election for the office is held or 70
on the date of the qualifying deadline provided by statute for the 71
office, whichever is earlier; however, no such assessments may be 72
paid before January 1 of the year in which the primary election 73
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for the office is held. If February 1 or the date of the 74
qualifying deadline provided by statute for the office occurs on a 75
Saturday, Sunday or legal holiday, then the assessments required 76
to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the 77
business day immediately following the Saturday, Sunday or legal 78
holiday. The circuit clerk shall forward the fee and all 79
necessary information to the secretary of the proper county 80
election commission within two (2) business days. 81
(3) (a) Assessments made pursuant to subsection (1)(g) and 82
(h) of Section 23-15-297 must be paid by each candidate who seeks 83
a nomination in the political party election to the secretary of 84
the state executive committee with which the candidate is 85
affiliated by 5:00 p.m. seventy-five (75) days before the 86
congressional preference primary; however, no such assessments may 87
be paid before December 1 of the year before the primary election 88
for the office is held. If seventy-five (75) days before the 89
congressional preference primary in years in which a congressional 90
preference primary occurs on a Saturday, Sunday or legal holiday, 91
then the assessments required to be paid by this paragraph (a) 92
shall be paid by 5:00 p.m. on the business day immediately 93
following the Saturday, Sunday or legal holiday. 94
(b) Assessments made pursuant to subsection (3)(f) and 95
(g) of Section 23-15-297 must be paid by each independent 96
candidate or special election candidate to the Secretary of State 97
by 5:00 p.m. seventy-five (75) days before the congressional 98
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preference primary in years in which a congressional preference 99
primary is held; however, no such assessments may be paid before 100
December 1 of the year in which the primary election for the 101
office is held. If seventy-five (75) days before the 102
congressional preference primary occurs on a Saturday, Sunday or 103
legal holiday, then the assessments required to be paid by this 104
paragraph (b) shall be paid by 5:00 p.m. on the business day 105
immediately following the Saturday, Sunday or legal holiday. 106
(4) (a) The fees paid pursuant to subsections (1), (2) and 107
(3) of this section shall be accompanied by an affidavit under 108
penalty of perjury containing the name, physical address of the 109
candidate's residence, the party with which he or she is 110
affiliated, if applicable, the candidate's phone number, the email 111
address of the candidate, if any, and the office for which he or 112
she is a candidate. Such affidavit shall require the candidate to 113
certify that he or she meets all qualifications for the office for 114
which he or she is a candidate. 115
(b) The state executive committee shall transmit to the 116
Secretary of State a copy of the written statements and required 117
documents accompanying the fees paid pursuant to subsections (1) 118
and (2) of this section. All copies must be received by the 119
Office of the Secretary of State by not later than 6:00 p.m. on 120
the date of the qualifying deadline; provided, however, the 121
failure of the Office of the Secretary of State to receive such 122
copies by 6:00 p.m. on the date of the qualifying deadline shall 123
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not affect the qualification of a person who pays the required fee 124
and files the required statement and the required documents by 125
5:00 p.m. on the date of the qualifying deadline. The Secretary 126
of State shall assess a Five Hundred Dollar ($500.00) fine to any 127
state executive committee that fails to transmit any written 128
statements and other required documents and accompanying fees to 129
the Secretary of State by 6:00 p.m. on the date of the qualifying 130
deadline. Such fine shall be assessed for each written statement 131
and other required documents and fees that were not turned in to 132
the Office of the Secretary of State by 6:00 p.m.; however, in no 133
case shall the total fines assessed to a state executive committee 134
exceed Two Thousand Five Hundred Dollars ($2,500.00) for a 135
particular qualifying deadline. The Secretary of State shall 136
deposit any fines received from any state executive committee into 137
the Elections Support Fund established in Section 23-15-5. The 138
name of any person who pays the required fee and files the 139
required statement and documents after 5:00 p.m. on the date of 140
the qualifying deadline shall not be placed on the primary 141
election ballot or the general election ballot. 142
(5) The Secretary of State or the secretary or circuit clerk 143
to whom such payments are made shall promptly receipt for same 144
stating the office for which the candidate making payment is 145
running and the political party with which he or she is 146
affiliated, if applicable, and he or she shall keep an itemized 147
account in detail showing the exact time and date of the receipt 148
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of each payment received by him or her and, where applicable, the 149
date of the postmark on the envelope containing the fee and from 150
whom, and for what office the party paying same is a candidate. 151
(6) The secretaries of the proper executive committee shall 152
hold the funds to be finally disposed of by order of their 153
respective executive committees. The funds may be used or 154
disbursed by the executive committee receiving same to pay all 155
necessary traveling or other necessary expenses of the members of 156
the executive committee incurred in discharging their duties as 157
committee members, and of their secretary and may pay the 158
secretary such salary as may be reasonable. The Secretary of 159
State shall deposit any qualifying fees received from candidates 160
into the Elections Support Fund established in Section 23-15-5. 161
(7) (a) Upon receipt of the proper fee and all necessary 162
information, the proper executive committee or the Secretary of 163
State, whichever is applicable, shall then determine the 164
following: 165
(i) Whether each candidate is a qualified elector 166
of the state, state district, county or county district which they 167
seek to serve; and 168
(ii) Whether each candidate meets all other 169
qualifications, including qualifications required by the proper 170
political party executive committee, to hold the office he or she 171
is seeking or presents absolute proof that he or she will, subject 172
to no contingencies, meet all qualifications on or before the date 173
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of the general or special election at which he or she could be 174
elected to office; and 175
(iii) Whether the candidate has taken the steps 176
necessary to qualify for more than one (1) office at the election; 177
and 178
(iv) Whether any candidate has been convicted of 179
any of the following and not pardoned: 180
1. Any felony in a court of this state, 181
2. On or after December 8, 1992, any offense 182
in another state which is a felony under the laws of this state, 183
3. Any felony in a federal court on or after 184
December 8, 1992, or 185
4. Any offense that involved the misuse or 186
abuse of his or her office or money coming into his or her hands 187
by virtue of the office. Excepted from the above are convictions 188
of manslaughter and violations of the United States Internal 189
Revenue Code or any violations of the tax laws of this state; and 190
(v) Whether the candidate has voted in any 191
election outside of the jurisdiction in which he or she seeks to 192
represent during the period in which the candidate is required to 193
have resided within the jurisdiction. If a candidate is found to 194
have voted in any election outside of the jurisdiction that he or 195
she seeks to represent during the period in which the candidate is 196
required to have resided within the jurisdiction, the name of such 197
candidate shall not appear on the ballot. However, if a candidate 198
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who votes in an election that he or she was properly registered 199
for is then subsequently redistricted into the jurisdiction that 200
he or she is currently seeking to represent, then he or she shall 201
not be disqualified as a candidate due to voting in an election 202
outside of his or her current jurisdiction during the required 203
residency period. 204
(b) The proper executive committee or the Secretary of 205
State, whichever is applicable, shall make the determinations in 206
paragraph (a) of this subsection within the following time 207
periods: 208
(i) Five (5) days of the qualifying deadline 209
during presidential preference primary elections; or 210
(ii) Fifteen (15) days of the qualifying deadline 211
for federal mid-term elections; or 212
(iii) Thirty (30) days of the qualifying deadline 213
during statewide elections. 214
If the proper executive committee or the Secretary of State, 215
whichever is applicable, finds that a candidate either (i) is not 216
a qualified elector, (ii) does not meet all qualifications, 217
including qualifications required by the proper political party 218
executive committee, to hold the office he or she seeks and fails 219
to provide absolute proof, subject to no contingencies, that he or 220
she will meet the qualifications on or before the date of the 221
general or special election at which he or she could be elected, 222
or (iii) has been convicted of a felony or other disqualifying 223
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offense as described in paragraph (a) of this subsection, and not 224
pardoned, then the executive committee shall notify the candidate 225
and give the candidate an opportunity to be heard. The executive 226
committee shall mail notice to the candidate at least three (3) 227
business days before the hearing to the address provided by the 228
candidate on the qualifying forms, and the committee shall attempt 229
to contact the candidate by telephone, email and facsimile if the 230
candidate provided this information on the forms. If the 231
candidate fails to appear at the hearing or to prove that he or 232
she meets all qualifications to hold the office subject to no 233
contingencies, then the name of that candidate shall not be placed 234
upon the ballot. If the candidate meets all constitutional and 235
statutory requirements for holding the office but is determined 236
not to be qualified due solely to the candidate not meeting the 237
requirements established by the proper political party executive 238
committee, the name of the person shall automatically be placed on 239
the ballot as an independent candidate. 240
(c) If the proper executive committee or the Secretary 241
of State, whichever is applicable, determines that the candidate 242
has taken the steps necessary to qualify for more than one (1) 243
office at the election, the action required by Section 23-15-905, 244
shall be taken. 245
(d) Where there is but one (1) candidate for each 246
office contested at the primary election, the proper executive 247
committee or the Secretary of State, whichever is applicable, when 248
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the time has expired within which the names of candidates shall be 249
furnished shall declare such candidates the nominees. 250
(8) No candidate may qualify by filing the information 251
required by this section by using the Internet. 252
SECTION 2. Section 23-15-309, Mississippi Code of 1972, is 253
amended as follows: 254
23-15-309. (1) Nominations for all municipal officers which 255
are elective shall be made at a primary election, or elections, to 256
be held in the manner prescribed by law. All persons desiring to 257
be candidates for the nomination in the primary elections shall 258
first pay Ten Dollars ($10.00) to the clerk of the municipality, 259
at least sixty (60) days before the first primary election, no 260
later than 5:00 p.m. on such deadline day. If the sixtieth day to 261
file the fee and written statement before an election falls on a 262
Sunday or legal holiday, the fees and written statements submitted 263
on the business day immediately following the Sunday or legal 264
holiday shall be accepted. 265
(2) The fee paid pursuant to subsection (1) of this section 266
shall be accompanied by a written statement containing the name 267
and address of the candidate, the party with which he or she is 268
affiliated, the email address of the candidate, if any, and the 269
office for which he or she is a candidate. 270
(3) The clerk shall promptly receipt the payment, stating 271
the office for which the person making the payment is running and 272
the political party with which such person is affiliated. The 273
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clerk shall keep an itemized account in detail showing the time 274
and date of the receipt of such payment received by him or her, 275
from whom such payment was received, the party with which such 276
person is affiliated and for what office the person paying the fee 277
is a candidate. No candidate may attempt to qualify with any 278
political party that does not have a duly organized municipal 279
executive committee, and the municipal clerk shall not accept any 280
assessments made pursuant to subsection (1) if the municipal clerk 281
does not have contact information for the secretary of the 282
municipal executive committee for that political party. The clerk 283
shall promptly supply all necessary information and pay over all 284
fees so received to the secretary of the proper municipal 285
executive committee. The funds may be used and disbursed in the 286
same manner as is allowed in Section 23-15-299 in regard to other 287
executive committees. 288
(4) Upon receipt of the above information, the proper 289
municipal executive committee shall then determine, at the time of 290
the qualifying deadline, whether each candidate is a qualified 291
elector of the municipality, and of the ward if the office sought 292
is a ward office, shall determine whether each candidate either 293
meets all other qualifications, including qualifications required 294
by the proper municipal executive committee, to hold the office he 295
or she is seeking or presents absolute proof that he or she will, 296
subject to no contingencies, meet all qualifications on or before 297
the date of the general or special election at which he or she 298
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could be elected to office. The executive committee shall 299
determine whether the candidate has taken the steps necessary to 300
qualify for more than one (1) office at the election. The 301
committee also shall determine whether any candidate has been 302
convicted of any felony in a court of this state, or has been 303
convicted on or after December 8, 1992, of any offense in another 304
state which is a felony under the laws of this state, or has been 305
convicted of any felony in a federal court on or after December 8, 306
1992. Excepted from the above are convictions of manslaughter and 307
violations of the United States Internal Revenue Code or any 308
violations of the tax laws of this state unless such offense also 309
involved misuse or abuse of his or her office or money coming into 310
his or her hands by virtue of the office. If the proper municipal 311
executive committee finds that a candidate either (a) does not 312
meet all qualifications, including qualifications required by the 313
proper municipal executive committee, to hold the office he or she 314
seeks and fails to provide absolute proof, subject to no 315
contingencies, that he or she will meet the qualifications on or 316
before the date of the general or special election at which he or 317
she could be elected, or (b) has been convicted of a felony as 318
described in this subsection and not pardoned, then the executive 319
committee shall notify the candidate and give the candidate an 320
opportunity to be heard. The executive committee shall mail 321
notice to the candidate at least three (3) business days before 322
the hearing to the address provided by the candidate on the 323
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qualifying forms, and the committee shall attempt to contact the 324
candidate by telephone, email and facsimile if the candidate 325
provided this information on the forms. If the candidate fails to 326
appear at the hearing or to prove he or she meets all 327
qualifications to hold the office subject to no contingencies, 328
then the name of such candidate shall not be placed upon the 329
ballot. If the candidate meets all constitutional and statutory 330
requirements for holding the office but is determined not to be 331
qualified due solely to the candidate not meeting the requirements 332
established by the proper municipal executive committee, the name 333
of the person shall automatically be placed on the ballot as an 334
independent candidate. If the executive committee determines that 335
the candidate has taken the steps necessary to qualify for more 336
than one (1) office at the election, the action required by 337
Section 23-15-905, shall be taken. 338
(5) Where there is but one (1) candidate, the proper 339
municipal executive committee when the time has expired within 340
which the names of candidates shall be furnished shall declare 341
such candidate the nominee. 342
SECTION 3. Section 23-15-359, Mississippi Code of 1972, is 343
amended as follows: 344
23-15-359. (1) Except as provided in this section, the 345
ballot shall contain the names of all party nominees certified by 346
the appropriate executive committee, * * * independent and special 347
election candidates who have timely filed petitions containing the 348
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required signatures and assessments that must be paid pursuant to 349
Section 23-15-297, and independent candidates who have been placed 350
on the ballot automatically due to not meeting the qualifications 351
required by the proper political party executive committee, if the 352
candidates and nominees meet all of the constitutional and 353
statutory qualifications to hold the office sought. A petition 354
requesting that an independent or special election candidate's 355
name be placed on the ballot for any office shall be filed as 356
provided for in subsection (3) or (4) of this section, as 357
appropriate, and shall be signed by not less than the following 358
number of qualified electors: 359
(a) For an office elected by the state at large, not 360
less than one thousand (1,000) qualified electors. 361
(b) For an office elected by the qualified electors of 362
a Supreme Court district, not less than three hundred (300) 363
qualified electors. 364
(c) For an office elected by the qualified electors of 365
a congressional district, not less than two hundred (200) 366
qualified electors. 367
(d) For an office elected by the qualified electors of 368
a circuit or chancery court district, not less than one hundred 369
(100) qualified electors. 370
(e) For an office elected by the qualified electors of 371
a senatorial or representative district, not less than fifty (50) 372
qualified electors. 373
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(f) For an office elected by the qualified electors of 374
a county, not less than fifty (50) qualified electors. 375
(g) For an office elected by the qualified electors of 376
a supervisors district, not less than fifteen (15) qualified 377
electors. 378
(h) For the Office of President of the United States, a 379
party nominee or independent candidate shall pay an assessment in 380
the amount of Two Thousand Five Hundred Dollars ($2,500.00). 381
(2) (a) Unless the petition or fee, whichever is 382
applicable, required above shall be filed as provided for in 383
subsection (3), (4) or (5) of this section, as appropriate, the 384
name of the person requested to be a candidate, unless nominated 385
by a political party or automatically placed on the ballot as an 386
independent candidate due to not meeting the qualifications 387
required by the political party, shall not be placed upon the 388
ballot. The ballot shall contain the names of each candidate for 389
each office, and the names shall be listed under the name of the 390
political party that candidate represents as provided by law and 391
as certified to the circuit clerk by the state executive committee 392
of the political party. In the event the candidate qualifies as 393
an independent as provided in this section, he or she shall be 394
listed on the ballot as an independent candidate. 395
(b) The name of an independent or special election 396
candidate who dies before the printing of the ballots, shall not 397
be placed on the ballots. 398
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(3) Petitions for offices described in paragraphs (a), (b), 399
(c), (d) and (e) of subsection (1) of this section shall be filed 400
with the Secretary of State, on a form prescribed by the Secretary 401
of State, by no later than 5:00 p.m. on the same date or business 402
day, as applicable, by which candidates are required to pay the 403
fee provided for in Section 23-15-297; and, no petition may be 404
filed before the date specified in Section 23-15-299. 405
(4) Petitions for offices described in paragraphs (f) and 406
(g) of subsection (1) of this section shall be filed with the 407
proper circuit clerk, on a form prescribed by the Secretary of 408
State, by no later than 5:00 p.m. on the same date by which 409
candidates are required to pay the fee provided for in Section 410
23-15-297; however, no petition may be filed before January 1 of 411
the year in which the election for the office is held. The 412
circuit clerk shall notify the county election commissioners of 413
all persons who have filed petitions with the clerk. The 414
notification shall occur within two (2) business days and shall 415
contain all necessary information. 416
(5) A petition required under this section, or any other 417
petition for a special election, shall be accompanied by a 418
statement, on a form prescribed by the Secretary of State, 419
containing the name and physical address of the candidate, the 420
email address of the candidate, if any, and the office he or she 421
seeks. Each statement shall also require the candidate to certify 422
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that he or she meets all the qualifications to hold the office he 423
or she seeks. 424
(6) The assessment for the office described in paragraph (h) 425
of subsection (1) of this section shall be paid to the Secretary 426
of State. The Secretary of State shall deposit any qualifying 427
fees received from candidates into the Elections Support Fund 428
established in Section 23-15-5. 429
(7) The election commissioners may also have printed upon 430
the ballot any local issue election matter that is authorized to 431
be held on the same date as the regular or general election 432
pursuant to Section 23-15-375; however, the ballot form of the 433
local issue must be filed with the election commissioners by the 434
appropriate governing authority not less than sixty (60) days 435
before the date of the election. 436
(8) The provisions of this section shall not apply to 437
municipal elections or to the election of the offices of justice 438
of the Supreme Court, judge of the Court of Appeals, circuit 439
judge, chancellor, county court judge, justice court judge and 440
family court judge. 441
(9) Nothing in this section shall prohibit special elections 442
to fill vacancies in either house of the Legislature from being 443
held as provided in Section 23-15-851. In all elections conducted 444
under the provisions of Section 23-15-851, there shall be printed 445
on the ballot the name of any candidate who, not having been 446
nominated by a political party, shall have been requested to be a 447
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candidate for any office by a petition filed with the Secretary of 448
State and signed by not less than fifty (50) qualified electors. 449
(10) (a) The appropriate election commission shall 450
determine the following: 451
(i) Whether each candidate is a qualified elector 452
of the state, state district, county or county district they seek 453
to serve; and 454
(ii) Whether each candidate meets all other 455
qualifications to hold the office he or she is seeking or presents 456
absolute proof that he or she will, subject to no contingencies, 457
meet all qualifications on or before the date of the general or 458
special election at which he or she could be elected to office; 459
and 460
(iii) Whether the candidate has taken the steps 461
necessary to qualify for more than one (1) office at the election; 462
and 463
(iv) Whether any candidate has been convicted of 464
any of the following: 465
1. Any felony in a court of this state, 466
2. On or after December 8, 1992, any offense 467
in another state which is a felony under the laws of this state, 468
3. Any felony in a federal court on or after 469
December 8, 1992, or 470
4. Any offense that involved the misuse or 471
abuse of his or her office or money coming into his or her hands 472
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by virtue of the office. Excepted from the above are convictions 473
of manslaughter and violations of the United States Internal 474
Revenue Code or any violations of the tax laws of this state; and 475
(v) Whether the candidate has voted in any 476
election outside of the jurisdiction in which he or she seeks to 477
represent during the period in which the candidate is required to 478
have resided within the jurisdiction. If a candidate is found to 479
have voted in any election outside of the jurisdiction that he or 480
she seeks to represent during the period in which the candidate is 481
required to have resided within the jurisdiction, the name of such 482
candidate shall not appear on the ballot. However, if a candidate 483
who votes in an election that he or she was properly registered 484
for is then subsequently redistricted into the jurisdiction that 485
he or she is currently seeking to represent, then he or she shall 486
not be disqualified as a candidate due to voting in an election 487
outside of his or her current jurisdiction during the required 488
residency period. 489
(b) If the appropriate election commission finds that a 490
candidate either (i) is not a qualified elector, (ii) does not 491
meet all qualifications to hold the office he or she seeks and 492
fails to provide absolute proof, subject to no contingencies, that 493
he or she will meet the qualifications on or before the date of 494
the general or special election at which he or she could be 495
elected, or (iii) has been convicted of a felony or other 496
disqualifying offense as described in paragraph (a) of this 497
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subsection, and not pardoned, or (iv) has voted in any election 498
outside of the jurisdiction he or she is currently seeking to 499
represent during the period in which the candidate is required to 500
have resided within the jurisdiction, and is not subject to a 501
redistricting exception as stated in paragraph (a)(v) of this 502
subsection, then the election commission shall notify the 503
candidate and give the candidate an opportunity to be heard. The 504
election commission shall mail notice to the candidate at least 505
three (3) business days before the hearing to the address provided 506
by the candidate on the qualifying forms, and the committee shall 507
attempt to contact the candidate by telephone, email and facsimile 508
if the candidate provided this information on the forms. If the 509
candidate fails to appear at the hearing or to prove that he or 510
she meets all qualifications to hold the office subject to no 511
contingencies, then the name of such candidate shall not be placed 512
upon the ballot. If the appropriate election commission 513
determines that the candidate has taken the steps necessary to 514
qualify for more than one (1) office at the election, the action 515
required by Section 23-15-905, shall be taken. The election 516
commission shall render a decision on whether the name of the 517
candidate shall appear on the ballot within five (5) days of the 518
hearing. 519
(c) (i) A candidate aggrieved by the decision of the 520
appropriate election commission may file a petition for judicial 521
review to the circuit court of the county in which the election 522
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commission whose decision is being reviewed sits. Such petition 523
must be filed no later than ten (10) days after the decision of 524
the election commission. Such candidate filing for judicial 525
review shall give a cost bond in the sum of Three Hundred Dollars 526
($300.00) with two (2) or more sufficient sureties conditioned to 527
pay all costs in case his or her petition be dismissed, and an 528
additional bond may be required, by the court, if necessary, at 529
any subsequent stage of the proceedings. 530
(ii) The circuit court with whom such a petition 531
for judicial review has been filed shall at the earliest possible 532
date set the matter for hearing. Notice shall be given to the 533
interested parties of the time set for hearing by the circuit 534
clerk. The hearing before the circuit court shall be de novo. 535
The matter shall be tried to the circuit judge, without a jury. 536
After hearing the evidence, the circuit judge shall determine 537
whether the candidate whose qualifications have been challenged is 538
legally qualified to have his or her name placed upon the ballot 539
in question. The circuit judge may, upon disqualification of any 540
such candidate, order that such candidate shall bear the court 541
costs of the proceedings. 542
(iii) Within three (3) days after judgment is 543
rendered by the circuit court, the contestant or contestee, or 544
both, may file an appeal in the Supreme Court upon giving a cost 545
bond in the sum of Three Hundred Dollars ($300.00), together with 546
a bill of exceptions that states the point or points of law at 547
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issue with a sufficient synopsis of the facts to fully disclose 548
the bearing and relevancy of such points of law. The bill of 549
exceptions shall be signed by the trial judge, or in case of his 550
or her absence, refusal or disability, by two (2) disinterested 551
attorneys, as is provided by law in other cases of bills of 552
exception. The filing of such appeals shall automatically suspend 553
the decision of the circuit court and the appropriate election 554
officials are entitled to proceed based upon their decision unless 555
the Supreme Court, in its discretion, stays further proceedings in 556
the matter. The appeal shall be immediately docketed in the 557
Supreme Court and referred to the court en banc upon briefs 558
without oral argument unless the court shall call for oral 559
argument, and shall be decided at the earliest possible date, as a 560
preference case over all others. The Supreme Court shall have the 561
authority to grant such relief as is appropriate under the 562
circumstances. 563
(iv) The procedure set forth above shall be the 564
sole and only manner in which a candidate may appeal the 565
appropriate election commission's decision to not place the 566
candidate's name on the ballot under this section. These 567
provisions do not interfere with the rights of other persons to 568
challenge the decision of the appropriate election commission to 569
place the name of the candidate on the ballot in accordance with 570
Section 23-15-963. After any person assumes an elective office, 571
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his or her qualifications to hold that office may be contested as 572
otherwise provided by law. 573
(11) If after the deadline to qualify as a candidate for an 574
office or after the time for holding any party primary for an 575
office, only one (1) person has duly qualified to be a candidate 576
for the office in the general election, the name of that person 577
shall be placed on the ballot; provided, however, that if not more 578
than one (1) person duly qualified to be a candidate for each 579
office on the general election ballot, the election for all 580
offices on the ballot shall be dispensed with and the appropriate 581
election commission shall declare each candidate elected without 582
opposition if the candidate meets all the qualifications to hold 583
the office as determined pursuant to a review by the election 584
commission in accordance with the provisions of subsection (9) of 585
this section and if the candidate has filed all required campaign 586
finance disclosure reports as required by Section 23-15-807. 587
(12) The documents required by this section may not be filed 588
by using the Internet. 589
SECTION 4. Section 23-15-361, Mississippi Code of 1972, is 590
amended as follows: 591
23-15-361. (1) The municipal general election ballot shall 592
contain the names of all candidates who have been put in 593
nomination by the municipal primary election of any political 594
party. There shall be printed on the ballots the names of all 595
persons so nominated, whether the nomination be otherwise known or 596
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not, upon the written request of one or more of the candidates so 597
nominated, or of any qualified elector who will make oath that he 598
or she was a participant in the primary election, and that the 599
person whose name is presented by him or her was nominated by such 600
primary election. The municipal election commissioners who are 601
required to have the ballots printed, shall also have printed on 602
the ballot in any municipal general election the name of any 603
candidate who, not having been nominated by a political party, 604
shall have * * * automatically been placed on the ballot due to 605
not meeting the qualifications required by the proper political 606
party executive committee or who have requested to be a candidate 607
for any office by a petition filed with the clerk of the 608
municipality no later than 5:00 p.m. on the same date by which 609
candidates for nomination in the municipal primary elections are 610
required to pay the fee provided for in Section 23-15-309, and 611
signed by not less than the following number of qualified 612
electors: 613
(a) For an office elected by the qualified electors of 614
a municipality or a municipal district having a population of one 615
thousand (1,000) or more, not less than fifty (50) qualified 616
electors. 617
(b) For an office elected by the qualified electors of 618
a municipality or a municipal district having a population of less 619
than one thousand (1,000), not less than fifteen (15) qualified 620
electors. 621
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(2) Unless the petition required above shall be filed no 622
later than 5:00 p.m. on the same date by which candidates for 623
nomination in the municipal primary election are required to pay 624
the fee provided for in Section 23-15-309, the name of the person 625
requested to be a candidate, unless nominated by a political party 626
or automatically placed on the ballot as an independent candidate 627
due to not meeting the qualifications required by the political 628
party, shall not be placed upon the ballot. The ballot shall 629
contain the names of each candidate for each municipal office, and 630
the names shall be listed under the name of the political party 631
the candidate represents as provided by law and as certified to 632
the municipal clerk by the municipal executive committee of such 633
political party. In the event such candidate qualifies as an 634
independent as herein provided, he or she shall be listed on the 635
ballot as an independent candidate. 636
(3) The clerk of the municipality shall notify the municipal 637
election commissioners of all persons who have filed petitions 638
pursuant to subsection (1) of this section within two (2) business 639
days of the date of filing. 640
(4) The ballot in elections to fill vacancies in municipal 641
elective office shall contain the names of all persons who have 642
qualified as required by Section 23-15-857. 643
(5) The municipal election commission shall determine 644
whether each party candidate in the municipal general election is 645
a qualified elector of the municipality, and of the ward if the 646
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office sought is a ward office and shall determine whether each 647
candidate either meets all other qualifications to hold the office 648
he or she is seeking or presents absolute proof that he or she 649
will, subject to no contingencies, meet all qualifications on or 650
before the date of the general or special election at which he or 651
she could be elected to office. The municipal election commission 652
also shall determine whether any candidate has been convicted of 653
any felony in a court of this state, or has been convicted on or 654
after December 8, 1992, of any offense in another state which is a 655
felony under the laws of this state, or has been convicted of any 656
felony in a federal court on or after December 8, 1992. Excepted 657
from the above are convictions of manslaughter and violations of 658
the United States Internal Revenue Code or any violations of the 659
tax laws of this state unless such offense also involved misuse or 660
abuse of his or her office or money coming into his or her hands 661
by virtue of the office. If the municipal election commission 662
finds that a candidate either (a) is not a qualified elector, (b) 663
does not meet all qualifications to hold the office he or she 664
seeks and fails to provide absolute proof, subject to no 665
contingencies, that he or she will meet the qualifications on or 666
before the date of the general or special election at which he or 667
she could be elected, or (c) has been convicted of a felony as 668
described above and not pardoned, then the election commission 669
shall notify the candidate and give the candidate an opportunity 670
to be heard. The election commission shall mail notice to the 671
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ST: Candidates; authorize political party
executive committee to disqualify a candidate
not meeting the committee's qualifications.
candidate at least three (3) business days before the hearing to 672
the address provided by the candidate on the qualifying forms, and 673
the committee shall attempt to contact the candidate by telephone, 674
email and facsimile if the candidate provided this information on 675
the forms. If the candidate fails to appear at the hearing or to 676
prove he or she meets all qualifications to hold the office 677
subject to no contingencies, then the name of the candidate shall 678
not be placed upon the ballot. 679
(6) If after the deadline to qualify as a candidate for an 680
office or after the time for holding any party primary election 681
for an office, only one (1) person has duly qualified to be a 682
candidate for the office in the general election the name of that 683
person shall be placed on the ballot; provided, however, that if 684
not more than one (1) person has duly qualified to be a candidate 685
for each office on the general election ballot, the election for 686
all offices on the ballot shall be dispensed with and the 687
municipal election commission shall declare each candidate elected 688
without opposition if the candidate meets all the qualifications 689
to hold the office as determined pursuant to a review by the 690
election commission in accordance with the provisions of 691
subsection (5) of this section and if the candidate has filed all 692
required campaign finance disclosure reports as required by 693
Section 23-15-807. 694
SECTION 5. This act shall take effect and be in force from 695
and after July 1, 2026. 696