District attorneys; require removal from office for certain indictments against.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Blackmon

HOUSE BILL NO. 1399

AN ACT TO PROVIDE THAT IF ANY DISTRICT ATTORNEY IS INDICTED 1
FOR A CRIME RELATED TO THE OFFICE OF DISTRICT ATTORNEY OR FOR A 2
CRIME OF MORAL TURPITUDE, HE OR SHE SHALL BE REMOVED FROM OFFICE 3
BY THE GOVERNOR AND THE VACANCY SHALL BE FILLED AS PROVIDED BY 4
LAW; TO PROVIDE CERTAIN COMPENSATION TO A DISTRICT ATTORNEY WHO IS 5
REMOVED FROM OFFICE BUT THE CHARGES ARE DROPPED, HE OR SHE IS 6
ACQUITTED OR OTHERWISE NOT CONVICTED; TO PROVIDE THAT A DISTRICT 7
ATTORNEY'S REMOVAL FROM OFFICE SHALL NOT CREATE A PRESUMPTION OF 8
GUILT FOR THE UNDERLYING CRIME; TO BRING FORWARD SECTIONS 9
23-15-833 AND 23-15-843, MISSISSIPPI CODE OF 1972, WHICH PROVIDE 10
FOR SPECIAL ELECTIONS FOR DISTRICT ATTORNEYS, FOR THE PURPOSE OF 11
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 25-5-1, 25-5-3, 12
25-5-5, 25-5-7, 25-5-9, 25-5-11, 25-5-13, 25-5-15, 25-5-17, 13
25-5-19, 25-5-21, 25-5-23, 25-5-25, 25-5-27, 25-5-29, 25-5-31, 14
25-5-33, 25-5-35 AND 25-5-37, MISSISSIPPI CODE OF 1972, WHICH 15
PROVIDE A REMOVAL PROCESS FOR CERTAIN PUBLIC OFFICERS, FOR THE 16
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. (1) If any district attorney is indicted for a 19
crime related to the office of district attorney or for a crime of 20
moral turpitude, he or she shall be removed from office by the 21
Governor. The vacancy shall be filled as provided by law. 22
(2) If the district attorney is removed from office under 23
subsection (1) of this section and subsequently has the charges 24
dropped, is acquitted or is otherwise not convicted of the crime, 25
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he or she shall be entitled to all compensation, including money 26
and other benefits, that would have been due to him or her had the 27
district attorney been able to carry out their full term. 28
(3) The fact that a district attorney is actually removed 29
from office for an indictment shall not create a presumption of 30
guilt as to the underlying crime. 31
SECTION 2. Section 23-15-833, Mississippi Code of 1972, is 32
brought forward as follows: 33
23-15-833. Except as otherwise provided by law, the first 34
Tuesday after the first Monday in November of each year shall be 35
designated the regular special election day, and on that day an 36
election shall be held to fill any vacancy in county, county 37
district, and district attorney elective offices, and any vacancy 38
in the office of circuit judge or chancellor. 39
All special elections, or elections to fill vacancies, shall 40
in all respects be held, conducted and returned in the same manner 41
as general elections, except that where no candidate receives a 42
majority of the votes cast in the election, a runoff election 43
shall be held four (4) weeks after the election. The two (2) 44
candidates who receive the highest popular votes for the office 45
shall have their names submitted as the candidates to the runoff 46
and the candidate who leads in the runoff election shall be 47
elected to the office. When there is a tie in the first election 48
of those receiving the next highest vote, these two (2) and the 49
one receiving the highest vote, none having received a majority, 50
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shall go into the runoff election and whoever leads in the runoff 51
election shall be entitled to the office. 52
In those years when the regular special election day shall 53
occur on the same day as the general election, the names of 54
candidates in any special election and the general election shall 55
be placed on the same ballot, but shall be clearly distinguished 56
as general election candidates or special election candidates. At 57
any time a special election is held on the same day as a party 58
primary election, the names of the candidates in the special 59
election may be placed on the same ballot, but shall be clearly 60
distinguished as special election candidates or primary election 61
candidates. 62
SECTION 3. Section 23-15-843, Mississippi Code of 1972, is 63
brought forward as follows: 64
23-15-843. In case of death, resignation or vacancy from any 65
cause in the office of district attorney, the unexpired term of 66
which shall exceed six (6) months, the Governor shall within ten 67
(10) days after the vacancy occurs issue a proclamation calling an 68
election to fill a vacancy in the office of district attorney to 69
be held on the next regular special election day in the district 70
where the vacancy occurred unless the vacancy occurs in a year in 71
which a general election would normally be held for that office as 72
provided by law, in which case the appointed person shall serve 73
the unexpired portion of the term. Candidates in such a special 74
election shall qualify in the same manner and be subject to the 75
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same time limitations as set forth in Section 23-15-839. Pending 76
the holding of a special election, the Governor shall make an 77
emergency appointment to fill the vacancy until the same shall be 78
filled by election. 79
SECTION 4. Section 25-5-1, Mississippi Code of 1972, is 80
brought forward as follows: 81
25-5-1. If any public officer, state, district, county or 82
municipal, shall be convicted or enter a plea of guilty or nolo 83
contendere in any court of this state or any other state or in any 84
federal court of any felony other than manslaughter or any 85
violation of the United States Internal Revenue Code, of 86
corruption in office or peculation therein, or of gambling or 87
dealing in futures with money coming to his hands by virtue of his 88
office, any court of this state, in addition to such other 89
punishment as may be prescribed, shall adjudge the defendant 90
removed from office; and the office of the defendant shall thereby 91
become vacant. If any such officer be found by inquest to be of 92
unsound mind during the term for which he was elected or 93
appointed, or shall be removed from office by the judgment of a 94
court of competent jurisdiction or otherwise lawfully, his office 95
shall thereby be vacated; and in any such case the vacancy shall 96
be filled as provided by law. 97
When any such officer is found guilty of a crime which is a 98
felony under the laws of this state or which is punishable by 99
imprisonment for one (1) year or more, other than manslaughter or 100
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any violation of the United States Internal Revenue Code, in a 101
federal court or a court of competent jurisdiction of any other 102
state, the Attorney General of the State of Mississippi shall 103
promptly enter a motion for removal from office in the circuit 104
court of Hinds County in the case of a state officer, and in the 105
circuit court of the county of residence in the case of a 106
district, county or municipal officer. The court, or the judge in 107
vacation, shall, upon notice and a proper hearing, issue an order 108
removing such person from office and the vacancy shall be filled 109
as provided by law. 110
SECTION 5. Section 25-5-3, Mississippi Code of 1972, is 111
brought forward as follows: 112
25-5-3. The Governor is hereby empowered, in accordance with 113
the provisions of Section 139 of the Mississippi Constitution of 114
1890, through the procedure and under the regulations prescribed 115
in Sections 25-5-3 through 25-5-37 and for the reasons and causes 116
set forth, to remove any elective county officer in this state; 117
and every elective officer of any county in this state may be 118
removed from office by the Governor at any time when done in 119
compliance with the regulations hereinafter set forth. 120
SECTION 6. Section 25-5-5, Mississippi Code of 1972, is 121
brought forward as follows: 122
25-5-5. The reasons or causes for removal from office shall 123
be: 124
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Knowingly or wilfully failing, neglecting, or refusing to 125
perform any of the duties required of such officer by law. 126
SECTION 7. Section 25-5-7, Mississippi Code of 1972, is 127
brought forward as follows: 128
25-5-7. Before the Governor shall consider the removal from 129
a county office of any elective county officer, there shall be 130
first filed with him a petition signed by not less than thirty 131
percent (30%) of the qualified electors of said county demanding 132
the removal of said officer. Such petition shall contain a 133
general statement, in not more than two hundred (200) words, of 134
the ground or grounds on which such removal is demanded, which 135
statement shall be for the information of the officer involved, 136
for the information of the council hereinafter provided, and for 137
the information of the qualified electors of the county. 138
All removal petitions with reference to only supervisors, 139
justice court judges and constables must be signed by at least 140
fifty-one percent (51%) of the qualified electors of the beat or 141
district from which they were originally elected. 142
Upon the request of any qualified elector, it shall be the 143
duty of the county and district prosecuting attorney to advise 144
such person as to the provisions of Sections 25-5-3 through 145
25-5-37 and how to comply with the same. 146
SECTION 8. Section 25-5-9, Mississippi Code of 1972, is 147
brought forward as follows: 148
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25-5-9. The removal petition shall be in substantially the 149
following form: 150
REMOVAL PETITION 151
(WARNING. - It is a misdemeanor, punishable by fine and 152
imprisonment, for any person to sign any removal petition with any 153
name other than his own, or knowingly to sign his name more than 154
once to such petition, or knowingly to sign such petition when he 155
is not a qualified elector.) 156
Date: ________ 157
TO THE GOVERNOR OF THE STATE OF MISSISSIPPI: 158
We, the undersigned qualified electors of ________ County, 159
State of Mississippi, respectfully demand that ________, holding 160
the office of ________ in said county, be removed from office by 161
the Governor for the following reasons, to wit: (Setting out the 162
reasons for removal in not more than two hundred words); that a 163
special election, after lawful notice, be called to permit the 164
qualified electors of said county to vote on the question of 165
whether or not the said officer shall be removed; 166
That we each for himself say that: I am a qualified elector 167
of said county, and my voting precinct is correctly written after 168
my name, and that it was stated to me prior to the signing of said 169
petition that after signing the same I would not be permitted to 170
remove my name from said petition. 171
NAME VOTING PRECINCT 172
1. ____________________ _____________________ 173
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2. ____________________ _____________________ 174
3. ____________________ _____________________ 175
SECTION 9. Section 25-5-11, Mississippi Code of 1972, is 176
brought forward as follows: 177
25-5-11. Such petitions may be circulated and signed in 178
sections; that is, there may be more than one copy of the petition 179
circulated, provided they contain identical language. All 180
petitions, all copies thereof, and all sheets for signature shall 181
be dated as of the day of the first signature to said petition or 182
any section thereof, shall be printed on good quality bond paper 183
on pages 8-1/2 inches in width by 13 inches in length with a 184
margin of not less than two inches at the top for binding, and the 185
signature sheets shall have numbered lines printed thereon for 186
consecutive signatures. No signature affixed to such petition can 187
thereafter be withdrawn, and there shall be printed at the bottom 188
of each page of the petition and all copies thereof, including 189
pages for signatures only, in twelve point type, the following 190
warning: "No signature affixed to this petition may thereafter be 191
withdrawn." The death of any signator before final certification 192
of the petition shall cancel his signature. No petition may be 193
considered unless filed with the clerk of the election 194
commissioner, as the case may be, within sixty days of the date of 195
the first signature thereon as hereinbefore defined. 196
SECTION 10. Section 25-5-13, Mississippi Code of 1972, is 197
brought forward as follows: 198
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25-5-13. Each and every petition, or separately circulated 199
section thereof, containing signatures shall be verified on the 200
last page thereof in substantially the following form: 201
STATE OF MISSISSIPPI 202
203
County of ________ 204
I, ________, a qualified elector of said county do now state 205
under oath that every person who signed the foregoing petition 206
signed his or her name thereto in my presence, and that before the 207
signing of said petition the signator was told that after signing 208
the same his or her name could not be removed from said petition; 209
that I believe that each has stated his or her name and precinct 210
correctly, and that so far as I know each signer is a qualified 211
elector of this county, and I further certify that the date 212
appearing on the foregoing petition is the correct date on which 213
the first signature was affixed to said petition or any section 214
thereof. 215
(Signature) ______________ 216
Sworn to and subscribed before me, this ________ day of 217
________, 20____. 218
_________________________ 219
_________________________ 220
SECTION 11. Section 25-5-15, Mississippi Code of 1972, is 221
brought forward as follows: 222
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25-5-15. Before the submission of the petitions to the 223
Governor to be filed by him, all sections of the same shall be 224
consolidated and delivered to the county registrar of the county 225
in which the petition has been circulated. No signatures shall be 226
thereafter added. The county registrar shall compare the 227
signatures of the persons appearing on said petition with the 228
names of the qualified electors appearing on the poll books of 229
said county, and shall attach to said petition, or to each section 230
of the petition if the same has been circulated in sections, the 231
following certificate: 232
STATE OF MISSISSIPPI 233
County of ________ 234
I, ________, county registrar in and for the county and state 235
aforesaid, do hereby certify that I have compared the signatures 236
on the preceding sheets of the removal petition attached hereto, 237
and to the best of my knowledge and belief the said petition (or 238
section of petition) contains the signatures of ________ qualified 239
electors of said county (or beat, as case may be), and I have 240
drawn a line in red ink through the names of those signators who 241
appear by the records in my office not to be qualified electors, 242
or who have died. I further certify that as of the date of the 243
petitions there were ________ qualified electors in this county 244
(or beat, as the case may be). 245
Given under my hand and seal of office, this the ________ day 246
of ________, 20____. 247
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________________ 248
County Registrar 249
SECTION 12. Section 25-5-17, Mississippi Code of 1972, is 250
brought forward as follows: 251
25-5-17. Such certificate by the county registrar shall be 252
prima facie evidence of the facts stated therein and of the 253
qualification of the electors whose signatures are thus certified. 254
The Governor shall consider and count only those signatures on 255
such petition as shall be so certified by the registrar; provided, 256
however, that any officer sought to be removed or any citizen of 257
the county shall have the privilege of submitting evidence in 258
writing, under oath, to the Governor as to the question of whether 259
or not any signator to the petition was in fact a qualified 260
elector at the time of the signing of the petition, or has since 261
died. The decision of the Governor as to whether or not any 262
particular person was or was not a qualified elector at the time 263
of the signing of the petition, or whether or not any particular 264
person has since died, shall be final and shall not be subject to 265
review. The status of the signator as to whether or not he or she 266
was a qualified elector at the time of signing the petition shall 267
be determined as of the date of the petition and not by any other 268
date. 269
SECTION 13. Section 25-5-19, Mississippi Code of 1972, is 270
brought forward as follows: 271
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25-5-19. The county registrar shall not retain in his 272
possession any such petition or any section thereof for a longer 273
period than two (2) days for the first two hundred (200) 274
signatures thereon and one (1) additional day for each two hundred 275
(200) additional signatures or fraction thereof, and the time 276
consumed in the examination of such petitions shall not be counted 277
in determining the time between the signing and the filing of the 278
petitions. At the expiration of the examination, the registrar 279
shall forthwith file the same with the Governor, with his 280
certificate attached, and shall obtain a written receipt for the 281
same. The forms herein are not mandatory, but directory, and if 282
substantially followed in any petition it shall be sufficient, 283
disregarding clerical and technical errors. If the registrar be 284
unable to examine the petition, he shall so certify the fact to 285
the county election commissioners, who shall in the same manner 286
and time perform all the functions herein required of the 287
registrar. In the event the county registrar is the officer whose 288
removal is sought by said petition, then said petition shall be 289
delivered to one (1) of the county election commissioners of the 290
county in which the petition has been circulated, and the county 291
election commissioners of such county shall in the same manner and 292
within the same time perform all functions herein required of the 293
registrar. A fee of Five Cents (5¢) per signature shall be 294
allowed for the aforesaid examination of said petitions, to be 295
paid out of the general funds of the county upon due proof of said 296
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examination. Any registrar or any board of county election 297
commissioners or member thereof who willfully fails or refuses to 298
perform the duty or duties herein required of him or them shall be 299
subject to a civil penalty of One Thousand Dollars ($1,000.00), to 300
be recovered in the chancery court of the county by suit which may 301
be filed by any qualified elector who signed said petition or any 302
section thereof. 303
SECTION 14. Section 25-5-21, Mississippi Code of 1972, is 304
brought forward as follows: 305
25-5-21. When said petitions shall have been filed with the 306
Governor, within ten (10) days of the filing thereof the Governor 307
shall cause true copies thereof (photostatic copies being 308
sufficient) to be personally delivered by some officer of the 309
county, designated in writing by the Governor, to the officer 310
sought to be removed, and shall in like manner and form cause to 311
be personally served on said officer a notice to appear, if he 312
desires, at a time to be fixed by the Governor to show cause, if 313
any he can, why the question of his removal should not be 314
submitted to a vote of the qualified electors as hereinafter 315
provided, which said notice shall be served upon said officer at 316
least twenty (20) days prior to the date when his appearance is 317
required. The place of hearing shall be the county courthouse of 318
the county in which the officer resides. 319
SECTION 15. Section 25-5-23, Mississippi Code of 1972, is 320
brought forward as follows: 321
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25-5-23. At the time and place designated in said notice, 322
the Governor shall cause to be convened a removal council to be 323
composed of three (3) chancery judges appointed by the Governor, 324
none of whom shall reside in the district in which the officer 325
under question resides, to hear and determine whether there is 326
substantial basis for a removal election consistently with the 327
provisions of Sections 25-5-3 through 25-5-37. The senior 328
chancellor shall serve as the presiding judge of the council. The 329
hearing herein provided may continue from day to day and be 330
recessed from time to time, as in the discretion of the council 331
may be ordered. The qualified electors of the county shall 332
likewise be given notice by proclamation of the Governor of the 333
time and place of such hearing. Any interested citizen or 334
citizens may likewise appear at said time and place and make such 335
representations to the council as, in the discretion of the 336
council, may be material to the issues involved. The council 337
shall promulgate rules for such hearings, which shall be in 338
writing, but all representations shall be made under oath, to be 339
administered by some member of the council. It shall not be 340
necessary that a stenographic record be kept of such 341
representations, either for or against removal, but the testimony 342
taken shall be heard as nearly as practicable in compliance with 343
the usually applicable rules of evidence. All decisions of the 344
council on any question, preliminary or final, including the 345
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question of whether just cause for an election has been shown, 346
shall be final and not subject to review. 347
The elective officer concerned shall be entitled to be 348
represented by counsel of his choice at said hearing. 349
SECTION 16. Section 25-5-25, Mississippi Code of 1972, is 350
brought forward as follows: 351
25-5-25. The council shall keep minutes of its final 352
judgments, and the disposition of each petition shall be recorded 353
therein. If it be the judgment of the council that sufficient 354
cause has not been shown to justify the removal of the officer, 355
then the petition shall be dismissed and no new petition shall be 356
filed or entertained for a period of one (1) year from the date of 357
the order dismissing the petition. 358
If, however, the council shall be of the opinion that 359
sufficient cause has been shown to justify the removal of the 360
officer, then notice to the qualified electors of the county 361
involved shall be given, in accordance with the general election 362
laws of the State of Mississippi in the matter of filling 363
vacancies in county offices, that an election shall be held in 364
said county to determine the question of whether or not said 365
county official shall be removed from office. 366
SECTION 17. Section 25-5-27, Mississippi Code of 1972, is 367
brought forward as follows: 368
25-5-27. The officer named in the removal petition shall 369
continue to perform the duties of his office until the results of 370
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said special removal election shall be officially proclaimed. If, 371
however, the officer named in the petition for removal shall offer 372
his resignation before the issuance of the proclamation for the 373
holding of special removal election, it shall be accepted, shall 374
take effect on the date it is offered, and the vacancy shall be 375
filled as provided by law for the filling of any vacancy in an 376
elective county office. The officer who either resigns or is 377
removed shall not be eligible to fill the vacancy caused by his 378
removal or resignation, or serve as deputy in the office from 379
which he resigns or is removed. 380
SECTION 18. Section 25-5-29, Mississippi Code of 1972, is 381
brought forward as follows: 382
25-5-29. The special removal election shall be conducted and 383
the results thereof canvassed and certified in all respects as 384
nearly as practicable in like manner as general elections, unless 385
otherwise expressly provided in this chapter, but any such 386
election falling within sixty (60) days next preceding a general 387
election date shall be held on the day of the general election by 388
the same managers designated to hold the general election, but on 389
the special ballots provided in Section 25-5-31. 390
SECTION 19. Section 25-5-31, Mississippi Code of 1972, is 391
brought forward as follows: 392
25-5-31. The ballot at said special removal election shall 393
be in the form usually prescribed for special elections, and shall 394
be headed "Official Ballot." Each ballot shall contain the 395
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following instructions to the voters: "Mark a cross (X) or check 396
mark (✓) in the square at the right of "yes" or "no"." 397
Immediately thereunder shall appear the question: "Shall ____ 398
(naming the officer) be removed from the office of ____ ?" 399
Immediately under such question shall be printed the words "yes" 400
and "no", and immediately following each of said words shall be 401
placed a square in which the voter may indicate his preference. 402
SECTION 20. Section 25-5-33, Mississippi Code of 1972, is 403
brought forward as follows: 404
25-5-33. The election commissioners of the county, or a 405
quorum thereof, shall meet at the office of the county registrar 406
at 9:00 a.m. of the day following the special removal election, 407
and shall then proceed to canvass, tabulate, and certify the 408
results of the election as now provided by the general election 409
laws of the State of Mississippi. The certificate of said 410
results, showing the total votes cast for the removal of the 411
officer, the total votes cast against the removal of the officer, 412
and the total number of qualified electors in the county or 413
supervisors district in which said election was held, shall be 414
forwarded to the Governor. If a majority of all qualified 415
electors of said county or supervisors district in which said 416
election shall have been held shall not have voted in said 417
election, either for or against the removal, or if a majority of 418
the qualified electors voting in the election shall oppose 419
removal, the officer shall not be removed and shall not thereafter 420
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during his term of office be subject to another removal election. 421
If a majority of all qualified electors of said county or 422
supervisors district in which said election shall have been held 423
have voted either for or against removal, and if a majority of the 424
qualified electors voting in said election shall vote for the 425
removal of the officer, then the Governor shall issue his 426
proclamation declaring the office vacant, removing said officer, 427
and appointing a suitable person to fill the vacancy until the 428
same can be filled in a special election to be held not more than 429
sixty (60) days after the aforesaid proclamation of the Governor. 430
No officer shall be subject to a removal petition until he shall 431
have served at least one (1) year of his term. 432
SECTION 21. Section 25-5-35, Mississippi Code of 1972, is 433
brought forward as follows: 434
25-5-35. A person desiring to contest the proclaimed results 435
of a special removal election may, within twenty (20) days after 436
said proclamation, file a petition in the office of the clerk of 437
the chancery court of the county, setting forth the grounds upon 438
which the election is contested. The chancellor shall forthwith 439
be notified in writing of the filing of such petition and shall 440
forthwith fix a day, not less than ten (10) nor more than twenty 441
(20) days distant, for hearing the contest. If the contest shall 442
be filed by a citizen who voted in the removal election, process 443
according to law for hearings in vacation shall be served on the 444
officer sought to be removed. If the petition be filed by the 445
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officer sought to be removed, process in like manner and form 446
shall be had on any one (1) of the citizens shown to have 447
circulated the removal petition or any section thereof. On the 448
day fixed, at the county courthouse, beginning at 9:00 a.m. 449
Central Standard Time, some chancellor of a district other than 450
that of the county of the contest, to be designated in writing by 451
the Chief Justice of the Supreme Court, shall proceed to hear and 452
determine the contest under the laws applicable to general 453
elections. No question shall be considered or adjudicated by the 454
chancellor on such appeal except that of whether the election was 455
lawfully held in compliance with the general election laws of the 456
State of Mississippi, and mere irregularities not affecting the 457
final result shall not serve to invalidate the election. In those 458
cases where the chancellor adjudicates that the election was not 459
lawfully held within the requirements of the general election laws 460
of the state, then, subject to the right of appeal herein 461
prescribed, he shall fix the date of another election on the same 462
question and shall direct the county election commissioners to 463
proceed accordingly. Appeals from the decree of the chancery 464
court may be taken to the Supreme Court, but such appeal shall be 465
perfected within fifteen (15) days from the date of the decree 466
sought to be appealed. The Supreme Court shall treat the same as 467
a preference case to be determined with all reasonable expedition. 468
Upon order of the Chief Justice, such appeals may be heard and 469
determined at a time when the court otherwise would be in recess. 470
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Pending final determination of the contest, no appeal to the 471
chancery court or to the Supreme Court shall supersede the 472
proclaimed results of a special removal election. 473
SECTION 22. Section 25-5-37, Mississippi Code of 1972, is 474
brought forward as follows: 475
25-5-37. (1) Any person who signs any removal petition with 476
any name other than his own, or who knowingly signs his name more 477
than once to such petition, or who knowingly signs such petition 478
when he is not a qualified elector shall be guilty of a felony 479
and, upon conviction, may be punished as such for a term in the 480
Penitentiary not to exceed five (5) years. 481
(2) Any person who knowingly executes any affidavit required 482
by Sections 25-5-3 through 25-5-37 knowing the same to be false, 483
or who issues any certificate required by the same knowing it to 484
be false, or who makes any statement of any kind required by said 485
sections to be under oath, either in writing or orally, knowing 486
the same to be false shall be guilty of perjury and, upon 487
conviction, may be punished by imprisonment in the State 488
Penitentiary for a term not to exceed ten (10) years. 489
(3) It shall be a felony for any officer sought to be 490
removed under the provisions of the aforesaid sections to attempt 491
by force, threats, bribery, or intimidation to hinder or interfere 492
with the free circulation or signing of any removal petition and, 493
upon conviction thereof, he shall be punished by imprisonment in 494
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ST: District attorneys; require removal from
office for certain indictments against.
the State Penitentiary for not less than one (1) year nor more 495
than five (5) years. 496
(4) Any person in the possession of a removal petition who 497
either willfully suppresses, neglects, or fails to cause same to 498
be filed with the county registrar shall be guilty of a 499
misdemeanor and, upon conviction thereof, shall be punished by 500
imprisonment in the county jail not to exceed six (6) months or by 501
fine not to exceed Five Hundred Dollars ($500.00), or by both such 502
fine and imprisonment. 503
SECTION 23. This act shall take effect and be in force from 504
and after July 1, 2026. 505