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H. B. No. 1426 *HR26/R2121* ~ OFFICIAL ~ G1/2
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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Karriem
HOUSE BILL NO. 1426
AN ACT TO CREATE THE EARLY VOTING ACT; TO PROVIDE 1
DEFINITIONS; TO PROVIDE THAT THE EARLY VOTING PERIOD SHALL BEGIN 2
NO LESS THAN 21 DAYS BEFORE THE ELECTION AND CONTINUE UNTIL THE 3
LAST REGULAR BUSINESS DAY PRECEDING THE ELECTION; TO PROVIDE THAT 4
EARLY VOTING SHALL BE FOR EACH PRIMARY, GENERAL, RUNOFF, SPECIAL 5
AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO PROVIDE THE HOURS FOR 6
EARLY VOTING IN THE REGISTRAR'S OFFICE DURING REGULAR BUSINESS 7
HOURS; TO PROVIDE THAT NOTICE OF EARLY VOTING SHALL BE PROVIDED IN 8
THREE PUBLIC PLACES EIGHT DAYS BEFORE THE VOTING BEGINS; TO 9
PROVIDE THE PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE 10
EARLY VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE 11
QUALIFICATIONS OF A VOTER DURING THE EARLY VOTING PERIOD; TO AMEND 12
SECTIONS 23-15-627, 23-15-713, 23-15-31, 23-15-43, 23-15-65, 13
23-15-127, 23-15-153, 23-15-171, 23-15-173, 23-15-191, 23-15-195, 14
23-15-197, 23-15-231, 23-15-233, 23-15-239, 23-15-241, 23-15-245, 15
23-15-247, 23-15-251, 23-15-255, 23-15-263, 23-15-265, 23-15-267, 16
23-15-309, 23-15-331, 23-15-333, 23-15-335, 23-15-353, 23-15-357, 17
23-15-359, 23-15-363, 23-15-367, 7-3-39, 23-15-511, 23-15-515, 18
23-15-545, 23-15-573, 23-15-781, 23-15-785, 23-15-807, 23-15-833, 19
23-15-843, 23-15-851, 23-15-853, 23-15-855, 23-15-857, 23-15-859, 20
23-15-895, 23-15-913, 23-15-963, 23-15-977, 23-15-1031, 21
23-15-1081, 23-15-1083, 23-15-1085, 23-15-1091, 21-3-3, 21-9-17, 22
37-5-9, 21-8-7, 9-4-5 AND 23-15-321, MISSISSIPPI CODE OF 1972, TO 23
CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 25
SECTION 1. Sections 1 through 7 of this act shall be known 26
and may be cited as the "Early Voting Act". 27
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SECTION 2. For purposes of this act, the following words and 28
phrases have the meanings provided in this section, unless their 29
context clearly suggests otherwise: 30
(a) "Election" means the period of time that is 31
available for casting a final vote. References to the time of an 32
election or the duration of the election shall encompass, unless 33
the context clearly indicates otherwise, the period that has been 34
designed for early voting. 35
(b) "Polling place" or "voting precinct" means any 36
place that a qualified elector votes during the early voting 37
period and on the actual election day. 38
SECTION 3. During any primary, general, runoff, special or 39
municipal election for public office, any qualified elector may 40
vote: 41
(a) In the elector's assigned precinct on election day; 42
(b) In the office of the registrar in which the elector 43
is registered to vote during the times established in Section 4 of 44
this act for early voting; or 45
(c) By a mail-in absentee ballot. 46
SECTION 4. (1) The early voting period shall begin no less 47
than twenty-one (21) days before the date of each primary, 48
general, runoff, special and municipal election for public office 49
and continue until 5:00 p.m. on Saturday preceding the election 50
day. If the date prescribed for beginning the early voting period 51
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falls on a Sunday or state holiday, the early voting period shall 52
begin on the next regular business day. 53
(2) Early voting shall be conducted in the office of the 54
appropriate registrar during regular business hours. If the 55
office space of the registrar is insufficient or inconvenient to 56
accommodate early voting, the registrar may provide an alternate 57
location to conduct early voting, and in such case, adequate 58
notice shall be posted at the registrar's office that informs the 59
public of the location where early voting is being conducted. The 60
registrar may conduct early voting at an additional secure polling 61
place outside his or her office. The appropriate registrar shall 62
provide at least one (1) additional early voting location for 63
every thirty-thousand (30,000) registered county voters and at 64
least one (1) additional early voting location for every ten 65
thousand (10,000) registered municipal voters according to the 66
latest federal decennial census. During the last full week 67
preceding an election, the office of the appropriate registrar may 68
extend the office hours to accommodate early voters. All 69
registrar offices shall remain open from 8:00 a.m. until 5:00 p.m. 70
for the two (2) Saturdays immediately preceding each election. 71
(3) Notice of the early voting hours shall be given by the 72
officials in charge of the election not less than eight (8) days 73
before the day early voting begins. The notice shall be posted in 74
three (3) public places within the county or municipality, with 75
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one (1) place being the county courthouse in a county election or 76
city hall in a municipal election. 77
SECTION 5. (1) A qualified elector who desires to vote 78
during the early voting period shall appear at the office of the 79
appropriate registrar in the county or municipality in which the 80
elector is registered to vote and shall present an acceptable form 81
of photo identification. Upon verification of the proper location 82
and identity, the elector shall sign the appropriate receipt book 83
and cast his or her vote in the same manner that the vote would be 84
cast on the day of the election. Except as otherwise provided in 85
Sections 1 through 7 of this act, the election laws that govern 86
the procedures for a person who appears to vote on the day of an 87
election shall apply when a person appears to vote during the 88
early voting period. 89
(2) All votes cast during the early voting period shall be 90
final. Early voting ballots shall be saved using a system that 91
allows the ballots to be examined by a candidate and for election 92
certification and audit purposes. 93
(3) The votes cast during the early voting period shall be 94
announced simultaneously with all other votes cast on election 95
day. 96
(4) Qualified electors voting during the early voting period 97
shall be entitled to the same voting assistance that they would be 98
entitled to on the actual election day. 99
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SECTION 6. Each political party, candidate or any 100
representative of a political party or candidate pursuant to 101
Section 23-15-577 shall have the right to be present at the office 102
of the appropriate registrar when it is open for early voting and 103
to challenge the qualifications of any person offering to vote in 104
the same manner as provided by law for challenging qualifications 105
at the polling place on election day. 106
SECTION 7. The Secretary of State shall promulgate rules and 107
regulations necessary to effectuate early voting, including 108
measures to inform the public about the availability of early 109
voting. 110
SECTION 8. Section 23-15-627, Mississippi Code of 1972, is 111
amended as follows: 112
23-15-627. (1) Any elector described in Section 23-15-713 113
may request an absentee ballot application and vote in person at 114
the office of the registrar in the county in which he or she 115
resides. The registrar shall be responsible for furnishing an 116
absentee ballot application form to any elector authorized to 117
receive an absentee ballot. Such form shall be printed on the 118
absentee ballot envelope as provided in Section 23-15-659. Except 119
as otherwise provided in Section 23-15-625, absentee ballot 120
applications shall be furnished to a person only upon the oral or 121
written request of the elector who seeks to vote by absentee 122
ballot; however, the parent, child, spouse, sibling, legal 123
guardian, those empowered with a power of attorney for that 124
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elector's affairs or agent of the elector, who is designated in 125
writing and witnessed by a resident of this state who shall write 126
his or her physical address on such designation, may orally 127
request an absentee ballot application on behalf of the elector. 128
The written designation shall be valid for one (1) year after the 129
date of the designation. An absentee ballot application must have 130
the seal of the circuit or municipal clerk affixed to it and be 131
initialed by the registrar or his or her deputy in order to be 132
used to obtain an absentee ballot. A reproduction of an absentee 133
ballot application shall not be valid unless it is a reproduction 134
provided by the office of the registrar of the jurisdiction in 135
which the election is being held and which contains the seal and 136
initials required by this section. 137
(2) Such application shall be substantially in the following 138
form for applications mailed to absentee electors: 139
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 140
I, _____, duly qualified and registered in the ___ Precinct 141
of the County of _____, and State of Mississippi, coming within 142
the purview of the definition 'ABSENT ELECTOR' will be * * * 143
unable to vote in person because (check appropriate reason): 144
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 145
resident of Mississippi or have moved therefrom within thirty (30) 146
days of the coming presidential election. 147
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( ) I am an enlisted or commissioned member, male or female, 148
of any component of the United States Armed Forces and am a 149
citizen of Mississippi, or spouse or dependent of such member. 150
( ) I am a member of the Merchant Marine or the American Red 151
Cross and am a citizen of Mississippi or spouse or dependent of 152
such member. 153
( ) I am a disabled war veteran who is a patient in any 154
hospital and am a citizen of Mississippi or spouse or dependent of 155
such veteran. 156
( ) I am a civilian attached to and serving outside of the 157
United States with any branch of the Armed Forces or with the 158
Merchant Marine or American Red Cross, and am a citizen of 159
Mississippi or spouse or dependent of such civilian. 160
( ) I am a citizen of Mississippi temporarily residing 161
outside the territorial limits of the United States and the 162
District of Columbia. 163
* * * 164
( ) I * * * am a citizen of Mississippi temporarily residing 165
outside of the county of my residence during the early voting 166
period or on election day. 167
( ) I am an emergency response provider, deployed due to a 168
state of emergency declared by the President of the United States 169
or the Governor of any state within the United States during the 170
time period provided by law for early voting and election day. 171
( ) I have a temporary or permanent physical disability. 172
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( ) I am sixty-five (65) years of age or older. 173
( ) I am the parent, spouse or dependent of a person with a 174
temporary or permanent physical disability who is hospitalized 175
outside his or her county of residence or more than fifty (50) 176
miles away from his or her residence, and I will be with such 177
person during the time period provided by law for early voting and 178
on election day. 179
( ) I am a member of the congressional delegation, or spouse 180
or dependent of a member of the congressional delegation. 181
( ) I am required to be at work during the time period 182
provided by law for early voting and on election day during the 183
times when the polls will be open or I am required to be on-call 184
during the time period provided by law for early voting and on 185
election day during the times when the polls will be open. 186
( ) I am incarcerated in prison or jail in the county where 187
I am registered to vote and have not been convicted of a 188
disenfranchising crime. 189
I hereby make application for an official ballot, or ballots, 190
to be voted by me at the election to be held in _____, on _____. 191
Mail 'Absent Elector's Ballot' to me at the following address 192
____________. 193
( ) I wish to receive an absentee ballot for the runoff 194
election ___________________________________________. 195
Notify me of a problem with my 'Absent Elector's Ballot' at 196
the following: 197
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Phone number: _____________________________ 198
Email address: ____________________________ 199
Mailing address: __________________________ 200
I realize that I can be fined up to Five Thousand Dollars 201
($5,000.00) and sentenced up to five (5) years in the Penitentiary 202
for making a false statement in this application and for selling 203
my vote and violating the Mississippi Absentee Voter Law. (This 204
sentence is to be in bold print.) 205
If you are temporarily or permanently disabled, you are not 206
required to have this application notarized or signed by an 207
official authorized to administer oaths for absentee balloting. 208
You are required to sign this application in the proper place and 209
have a person eighteen (18) years of age or older witness your 210
signature and sign this application in the proper place. 211
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 212
print.) 213
IN WITNESS WHEREOF I have hereunto set my hand and seal this 214
the ____ day of ______, 2___. 215
_________________________________ 216
(Signature of absent elector) 217
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 218
2___. 219
_________________________________ 220
(Official authorized to administer oaths 221
for absentee balloting.) 222
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TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 223
DISABLED: 224
I HEREBY CERTIFY that this application for an absent 225
elector's ballot was signed by the above-named elector in my 226
presence and that I am at least eighteen (18) years of age, this 227
the _____ day of ____________________, 2___. 228
_________________________________ 229
(Signature of witness) 230
CERTIFICATE OF DELIVERY 231
I hereby certify that _________________ (print name of voter) 232
has requested that I, __________________ (print name of person 233
delivering application), deliver to the voter this absentee ballot 234
application. 235
__________________________________________ 236
(Signature of person delivering application) 237
__________________________________________ 238
(Address of person delivering application)" 239
(3) The application printed on the front of the absentee 240
ballot envelope for absentee voters appearing before the registrar 241
shall be substantially in the following form: 242
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 243
I, _____, duly qualified and registered in the ___ Precinct 244
of the County of _____, and State of Mississippi, coming within 245
the purview of the definition 'ABSENT ELECTOR' will be absent from 246
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the county of my residence on election day, or unable to vote in 247
person because (check appropriate reason): 248
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 249
resident of Mississippi or have moved therefrom within thirty (30) 250
days of the coming presidential election. 251
( ) I am an enlisted or commissioned member, male or female, 252
of any component of the United States Armed Forces and am a 253
citizen of Mississippi, or spouse or dependent of such member. 254
( ) I am a member of the Merchant Marine or the American Red 255
Cross and am a citizen of Mississippi or spouse or dependent of 256
such member. 257
( ) I am a disabled war veteran who is a patient in any 258
hospital and am a citizen of Mississippi or spouse or dependent of 259
such veteran. 260
( ) I am a civilian attached to and serving outside of the 261
United States with any branch of the Armed Forces or with the 262
Merchant Marine or American Red Cross, and am a citizen of 263
Mississippi or spouse or dependent of such civilian. 264
( ) I am a citizen of Mississippi temporarily residing 265
outside the territorial limits of the United States and the 266
District of Columbia. 267
* * * 268
( ) I * * * am a citizen of Mississippi temporarily residing 269
outside of the county of my residence during the early voting 270
period or on election day. 271
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( ) I am an emergency response provider, deployed due to a 272
state of emergency declared by the President of the United States 273
or the Governor of any state within the United States during the 274
time period provided by law for early voting and election day. 275
( ) I have a temporary or permanent physical disability. 276
( ) I am sixty-five (65) years of age or older. 277
( ) I am the parent, spouse or dependent of a person with a 278
temporary or permanent physical disability who is hospitalized 279
outside his or her county of residence or more than fifty (50) 280
miles away from his or her residence, and I will be with such 281
person during the time period provided by law for early voting and 282
on election day. 283
( ) I am a member of the congressional delegation, or spouse 284
or dependent of a member of the congressional delegation. 285
( ) I am required to be at work during the time period 286
provided by law for early voting and on election day during the 287
times when the polls will be open or I am required to be on-call 288
during the time period provided by law for early voting and on 289
election day during the times when the polls will be open. 290
( ) I am incarcerated in prison or jail in the county where 291
I am registered to vote and have not been convicted of a 292
disenfranchising crime. 293
I hereby make application for an official ballot, or ballots, 294
to be voted by me at the election to be held in _____, on _____. 295
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Notify me of a problem with my 'Absent Elector's Ballot' at 296
the following: 297
Phone number: _____________________________ 298
Email address: ____________________________ 299
Mailing address: __________________________ 300
I realize that I can be fined up to Five Thousand Dollars 301
($5,000.00) and sentenced up to five (5) years in the Penitentiary 302
for making a false statement in this application and for selling 303
my vote and violating the Mississippi Absentee Voter Law. (This 304
sentence is to be in bold print.)" 305
SECTION 9. Section 23-15-713, Mississippi Code of 1972, is 306
amended as follows: 307
23-15-713. For the purpose of this subarticle, any duly 308
qualified elector may vote as provided in this subarticle if the 309
elector falls within at least one (1) of the following categories: 310
(a) Any qualified elector who is a bona fide student, 311
teacher or administrator at any college, university, junior 312
college, high, junior high, or elementary grade school whose 313
studies or employment at such institution necessitates his or her 314
absence from the county of his or her voting residence during the 315
early voting period or on the date of any primary, general or 316
special election, or the spouse and dependents of that student, 317
teacher or administrator if such spouse or dependent(s) maintain a 318
common domicile, outside of the county of his or her voting 319
residence, with such student, teacher or administrator. 320
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(b) Any qualified elector who is required to be away 321
from his or her place of residence during the early voting period 322
or on any election day due to his or her employment as an employee 323
of a member of the Mississippi congressional delegation and the 324
spouse and dependents of such person if he or she shall be 325
residing with such absentee voter away from the county of the 326
spouse's voting residence. 327
(c) Any qualified elector who is away from his or her 328
county of residence during the early voting period or on election 329
day for any reason. 330
(d) Any person who has a temporary or permanent 331
physical disability and who, because of such disability, is unable 332
to vote in person without substantial hardship to himself, herself 333
or others, or whose attendance at the voting place could 334
reasonably cause danger to himself, herself or others. 335
(e) The parent, spouse or dependent of a person with a 336
temporary or permanent physical disability who is hospitalized 337
outside of his or her county of residence or more than fifty (50) 338
miles distant from his or her residence, if the parent, spouse or 339
dependent will be with such person on election day. 340
(f) Any person who is sixty-five (65) years of age or 341
older. 342
(g) Any member of the Mississippi congressional 343
delegation absent from Mississippi during the early voting period 344
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or on election day, and the spouse and dependents of such member 345
of the congressional delegation. 346
(h) Any qualified elector who will be unable to vote in 347
person because he or she is required to be at work during the 348
early voting period or on election day during the times when the 349
polls will be open or any qualified elector who will be required 350
to be on-call on election day during the times when the polls will 351
be open. 352
(i) Any qualified elector who is incarcerated in prison 353
or jail in the county where he or she is registered to vote and 354
has not been convicted of a disenfranchising crime. 355
SECTION 10. Section 23-15-31, Mississippi Code of 1972, is 356
amended as follows: 357
23-15-31. All of the provisions of this subarticle shall be 358
applicable, insofar as possible, to municipal, primary, general 359
and special elections and early voting; and wherever therein any 360
duty is imposed or any power or authority is conferred upon the 361
county registrar, county election commissioners or county 362
executive committee with reference to a state and county election 363
or early voting, * * * that duty shall likewise be conferred upon 364
the municipal registrar, municipal election commission or 365
municipal executive committee with reference to any municipal 366
election or early voting. 367
SECTION 11. Section 23-15-43, Mississippi Code of 1972, is 368
amended as follows: 369
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23-15-43. In the event an applicant is not registered, there 370
shall be an automatic review by the county election commissioners 371
under the procedures provided in Sections 23-15-61 through 372
23-15-79. In addition to the meetings of the election 373
commissioners provided in those sections, the commissioners are 374
required to hold such additional meetings to determine all pending 375
cases of registration on review before the election * * * or early 376
voting period during which the applicant desires to vote. 377
It is not the purpose of this section to indicate the 378
decision that should be reached by the election commissioners in 379
certain cases but to define which applicants should receive 380
further examination by providing for an automatic review. 381
SECTION 12. Section 23-15-65, Mississippi Code of 1972, is 382
amended as follows: 383
23-15-65. The board of election commissioners shall meet at 384
the courthouse of its county on the second Monday in September 385
preceding any general election or in a sufficient amount of time 386
to hear appeals before the period for early voting begins, and 387
shall remain in session from day to day, so long as business may 388
require. Three (3) election commissioners shall constitute a 389
quorum to do business; but the concurrence of at least three (3) 390
election commissioners shall be necessary in all cases for the 391
rendition of a decision. The election commissioners shall hear 392
and determine all appeals from the decisions of the registrar of 393
their county, allowing or refusing the applications of electors to 394
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be registered; and they shall correct illegal or improper 395
registrations, and shall secure the elective franchise, as 396
affected by registration, to those who may be illegally or 397
improperly denied the same. 398
SECTION 13. Section 23-15-127, Mississippi Code of 1972, is 399
amended as follows: 400
23-15-127. (1) It shall be the duty of the registrar of the 401
county or municipality to prepare and furnish to the appropriate 402
election commissioner pollbooks for each voting precinct in which 403
the election is to be conducted, or to the appropriate registrar 404
pollbooks for each registrar's office in which early voting is to 405
be conducted, in which shall be entered the name, residence, date 406
of birth and date of registration of each person duly registered 407
in * * * that voting precinct as now provided by law, and which 408
pollbooks shall be known as "primary election pollbooks" and shall 409
be used only in holding primary elections. 410
(2) The election commissioners of the county or municipality 411
shall revise the primary pollbooks at the time and in the manner 412
and in accordance with the laws now fixed and in force for 413
revising pollbooks now provided for under the law, except they 414
shall not remove from the pollbook any person who is qualified to 415
participate in primary elections * * *. However, upon the written 416
request of the municipal election commission, the county election 417
commissioners * * * shall revise the primary pollbooks of the 418
municipality as provided in this subsection. 419
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(3) All laws applicable to the revision of pollbooks now in 420
use shall be applicable to the revision of pollbooks for primary 421
elections, and all rights of voters to be heard and to appeal to 422
the executive committee of his or her party from the action of the 423
election commissioners now provided by law shall be available to 424
the voter in the revisions of the pollbooks for primary elections 425
provided for in this section. 426
SECTION 14. Section 23-15-153, Mississippi Code of 1972, is 427
amended as follows: 428
23-15-153. (1) At least during the following times, the 429
election commissioners shall meet at the office of the registrar 430
or the office of the election commissioners to carefully revise 431
the county voter roll as electronically maintained by the 432
Statewide Elections Management System and remove from the roll the 433
names of all voters who have requested to be purged from the voter 434
roll, died, received an adjudication of non compos mentis, been 435
convicted of a disenfranchising crime, failed to comply with the 436
provisions of Section 23-15-152, or otherwise become disqualified 437
as electors for any cause, and shall register the names of all 438
persons who have duly applied to be registered but have been 439
illegally denied registration: 440
(a) On the Tuesday after the second Monday in January 441
1987 and every following year; 442
(b) On the first Tuesday in the month immediately * * * 443
before the early voting period begins for the first primary 444
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election for members of Congress in the years when members of 445
Congress are elected; 446
(c) On the first Monday in the month immediately * * * 447
before the early voting period begins for the first primary 448
election for state, state district legislative, county and county 449
district offices in the years in which those offices are elected; 450
and 451
(d) On the second Monday of September * * * before the 452
early voting period begins for the general election or regular 453
special election day in years in which a general election is not 454
conducted. 455
Except for the names of those voters who are duly qualified 456
to vote in the election, no name shall be permitted to remain in 457
the Statewide Elections Management System; however, no name shall 458
be purged from the Statewide Elections Management System based on 459
a change in the residence of an elector except in accordance with 460
procedures provided for by the National Voter Registration Act of 461
1993 and as provided in Section 23-15-152. Except as otherwise 462
provided by Section 23-15-573, no person shall vote at any 463
election whose name is not in the county voter roll electronically 464
maintained by the Statewide Elections Management System. 465
(2) Except as provided in this section, and subject to the 466
following annual limitations, the election commissioners shall be 467
entitled to receive a per diem in the amount of One Hundred Ten 468
Dollars ($110.00), to be paid from the county general fund, for 469
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every day or period of no less than five (5) hours accumulated 470
over two (2) or more days actually employed in the performance of 471
their duties in the conduct of an election or actually employed in 472
the performance of their duties for the necessary time spent in 473
the revision of the county voter roll as electronically maintained 474
by the Statewide Elections Management System as required in 475
subsection (1) of this section: 476
(a) In counties having less than fifteen thousand 477
(15,000) residents according to the latest federal decennial 478
census, not more than fifty (50) days per year, with no more than 479
fifteen (15) additional days allowed for the conduct of each 480
election in excess of one (1) occurring in any calendar year; 481
(b) In counties having fifteen thousand (15,000) 482
residents according to the latest federal decennial census but 483
less than thirty thousand (30,000) residents according to the 484
latest federal decennial census, not more than seventy-five (75) 485
days per year, with no more than twenty-five (25) additional days 486
allowed for the conduct of each election in excess of one (1) 487
occurring in any calendar year; 488
(c) In counties having thirty thousand (30,000) 489
residents according to the latest federal decennial census but 490
less than seventy thousand (70,000) residents according to the 491
latest federal decennial census, not more than one hundred (100) 492
days per year, with no more than thirty-five (35) additional days 493
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allowed for the conduct of each election in excess of one (l) 494
occurring in any calendar year; 495
(d) In counties having seventy thousand (70,000) 496
residents according to the latest federal decennial census but 497
less than ninety thousand (90,000) residents according to the 498
latest federal decennial census, not more than one hundred 499
twenty-five (125) days per year, with no more than forty-five (45) 500
additional days allowed for the conduct of each election in excess 501
of one (1) occurring in any calendar year; 502
(e) In counties having ninety thousand (90,000) 503
residents according to the latest federal decennial census but 504
less than one hundred seventy thousand (170,000) residents 505
according to the latest federal decennial census, not more than 506
one hundred fifty (150) days per year, with no more than 507
fifty-five (55) additional days allowed for the conduct of each 508
election in excess of one (1) occurring in any calendar year; 509
(f) In counties having one hundred seventy thousand 510
(170,000) residents according to the latest federal decennial 511
census but less than two hundred thousand (200,000) residents 512
according to the latest federal decennial census, not more than 513
one hundred seventy-five (175) days per year, with no more than 514
sixty-five (65) additional days allowed for the conduct of each 515
election in excess of one (1) occurring in any calendar year; 516
(g) In counties having two hundred thousand (200,000) 517
residents according to the latest federal decennial census but 518
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less than two hundred twenty-five thousand (225,000) residents 519
according to the latest federal decennial census, not more than 520
one hundred ninety (190) days per year, with no more than 521
seventy-five (75) additional days allowed for the conduct of each 522
election in excess of one (l) occurring in any calendar year; 523
(h) In counties having two hundred twenty-five thousand 524
(225,000) residents according to the latest federal decennial 525
census but less than two hundred fifty thousand (250,000) 526
residents according to the latest federal decennial census, not 527
more than two hundred fifteen (215) days per year, with no more 528
than eighty-five (85) additional days allowed for the conduct of 529
each election in excess of one (1) occurring in any calendar year; 530
(i) In counties having two hundred fifty thousand 531
(250,000) residents according to the latest federal decennial 532
census but less than two hundred seventy-five thousand (275,000) 533
residents according to the latest federal decennial census, not 534
more than two hundred thirty (230) days per year, with no more 535
than ninety-five (95) additional days allowed for the conduct of 536
each election in excess of one (1) occurring in any calendar year; 537
(j) In counties having two hundred seventy-five 538
thousand (275,000) residents according to the latest federal 539
decennial census or more, not more than two hundred forty (240) 540
days per year, with no more than one hundred five (105) additional 541
days allowed for the conduct of each election in excess of one (l) 542
occurring in any calendar year. 543
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(3) In addition to the number of days authorized in 544
subsection (2) of this section, the board of supervisors of a 545
county may authorize, in its discretion, the election 546
commissioners to receive a per diem in the amount provided for in 547
subsection (2) of this section, to be paid from the county general 548
fund, for every day or period of no less than five (5) hours 549
accumulated over two (2) or more days actually employed in the 550
performance of their duties in the conduct of an election or 551
actually employed in the performance of their duties for the 552
necessary time spent in the revision of the county voter roll as 553
electronically maintained by the Statewide Elections Management 554
System as required in subsection (1) of this section, not to 555
exceed five (5) days. 556
(4) (a) The election commissioners shall be entitled to 557
receive a per diem in the amount of One Hundred Ten Dollars 558
($110.00), to be paid from the county general fund, not to exceed 559
ten (10) days for every day or period of no less than five (5) 560
hours accumulated over two (2) or more days actually employed in 561
the performance of their duties for the necessary time spent in 562
the revision of the county voter roll as electronically maintained 563
by the Statewide Elections Management System before any special 564
election. For purposes of this paragraph, the regular special 565
election day shall not be considered a special election. The 566
annual limitations set forth in subsection (2) of this section 567
shall not apply to this paragraph. 568
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(b) The election commissioners shall be entitled to 569
receive a per diem in the amount of One Hundred Sixty-five Dollars 570
($165.00), to be paid from the county general fund, for the 571
performance of their duties on the day of any primary, runoff, 572
general or special election; however, the board of supervisors 573
may, in its discretion, pay the election commissioners an 574
additional amount not to exceed Thirty-five Dollars ($35.00) per 575
election. The annual limitations set forth in subsection (2) of 576
this section shall apply to this paragraph. 577
(5) The election commissioners shall be entitled to receive 578
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 579
be paid from the county general fund, not to exceed fourteen (14) 580
days for every day or period of no less than five (5) hours 581
accumulated over two (2) or more days actually employed in the 582
performance of their duties for the necessary time spent in the 583
revision of the county voter roll as electronically maintained by 584
the Statewide Elections Management System and in the conduct of a 585
runoff election following either a general or special election. 586
(6) The election commissioners shall be entitled to receive 587
only one (1) per diem payment for those days when the election 588
commissioners discharge more than one (1) duty or responsibility 589
on the same day. 590
(7) The election commissioners shall be entitled to receive 591
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 592
be paid from the county general fund, not to exceed five (5) days 593
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for every day or period of no less than five (5) hours accumulated 594
over two (2) or more days for those days when the election 595
commissioners shall be required to conduct an audit of an election 596
as provided in Section 23-15-615. 597
(8) In preparation for a municipal primary, runoff, general 598
or special election, the county registrar shall generate and 599
distribute the master voter roll and pollbooks from the Statewide 600
Elections Management System for the municipality located within 601
the county. The municipality shall pay the county registrar for 602
the actual cost of preparing and printing the municipal master 603
voter roll pollbooks. A municipality may secure "read only" 604
access to the Statewide Elections Management System and print its 605
own pollbooks using this information. 606
(9) County election commissioners who perform the duties of 607
an executive committee with regard to the conduct of a primary 608
election under a written agreement authorized by law to be entered 609
into with an executive committee shall receive per diem as 610
provided for in subsection (2) of this section. The days that 611
county election commissioners are employed in the conduct of a 612
primary election shall be treated the same as days county election 613
commissioners are employed in the conduct of other elections. 614
(10) In addition to any per diem authorized by this section, 615
any election commissioner shall be entitled to the mileage 616
reimbursement rate allowable to federal employees for the use of a 617
privately owned vehicle while on official travel on election day. 618
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(11) Every election commissioner shall sign personally a 619
certification setting forth the number of hours actually worked in 620
the performance of the commissioner's official duties and for 621
which the commissioner seeks compensation. The certification must 622
be on a form as prescribed in this subsection. The commissioner's 623
signature is, as a matter of law, made under the commissioner's 624
oath of office and under penalties of perjury. 625
The certification form shall be as follows: 626
COUNTY ELECTION COMMISSIONER 627
PER DIEM CLAIM FORM 628
NAME: ____________________________ COUNTY: _______________ 629
ADDRESS: _________________________ DISTRICT: _____________ 630
CITY: ______________ ZIP: ________ 631
PURPOSE APPLICABLE ACTUAL PER DIEM 632
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 633
WORKED TIME TIME WORK SECTION WORKED EARNED 634
________________________________________________________________ 635
________________________________________________________________ 636
________________________________________________________________ 637
TOTAL NUMBER OF PER DIEM DAYS EARNED 638
EXCLUDING ELECTION DAYS ________ 639
PER DIEM RATE PER DAY EARNED X $110.00 640
TOTAL NUMBER PER DIEM DAYS EARNED 641
FOR ELECTION DAYS ________ 642
PER DIEM RATE PER DAY EARNED X $165.00 643
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BOARD OF SUPERVISORS ELECTION DAY 644
DISCRETIONARY ADDITION(S) 645
TO PER DIEM RATE PER DAY EARNED X $35.00 646
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 647
I understand that I am signing this document under my oath as 648
an election commissioner and under penalties of perjury. 649
I understand that I am requesting payment from taxpayer funds 650
and that I have an obligation to be specific and truthful as to 651
the amount of hours worked and the compensation I am requesting. 652
Signed this the _____ day of ______________, ____. 653
________________________ 654
Commissioner's Signature 655
When properly completed and signed, the certification must be 656
filed with the clerk of the county board of supervisors before any 657
payment may be made. The certification will be a public record 658
available for inspection and reproduction immediately upon the 659
oral or written request of any person. 660
Any person may contest the accuracy of the certification in 661
any respect by notifying the chair of the commission, any member 662
of the board of supervisors or the clerk of the board of 663
supervisors of the contest at any time before or after payment is 664
made. If the contest is made before payment is made, no payment 665
shall be made as to the contested certificate until the contest is 666
finally disposed of. The person filing the contest shall be 667
entitled to a full hearing, and the clerk of the board of 668
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supervisors shall issue subpoenas upon request of the contestor 669
compelling the attendance of witnesses and production of documents 670
and things. The contestor shall have the right to appeal de novo 671
to the circuit court of the involved county, which appeal must be 672
perfected within thirty (30) days from a final decision of the 673
commission, the clerk of the board of supervisors or the board of 674
supervisors, as the case may be. 675
Any contestor who successfully contests any certification 676
will be awarded all expenses incident to his or her contest, 677
together with reasonable attorney's fees, which will be awarded 678
upon petition to the chancery court of the involved county upon 679
final disposition of the contest before the election commission, 680
board of supervisors, clerk of the board of supervisors, or, in 681
case of an appeal, final disposition by the court. The 682
commissioner against whom the contest is decided shall be liable 683
for the payment of the expenses and attorney's fees, and the 684
county shall be jointly and severally liable for same. 685
(12) Any election commissioner who has not received a 686
certificate issued by the Secretary of State pursuant to Section 687
23-15-211 indicating that the election commissioner has received 688
the required elections seminar instruction and that the election 689
commissioner is fully qualified to conduct an election, shall not 690
receive any compensation authorized by this section or Section 691
23-15-239. 692
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SECTION 15. Section 23-15-171, Mississippi Code of 1972, is 693
amended as follows: 694
23-15-171. (1) Except as otherwise provided in Section 4 of 695
this act, municipal primary elections shall be held on the first 696
Tuesday in April preceding the general municipal election and, in 697
the event a second primary shall be necessary, such second primary 698
shall be held on the fourth Tuesday in April preceding such 699
general municipal election. The candidate receiving a majority of 700
the votes cast in the election shall be the party nominee. If no 701
candidate shall receive a majority vote at the election, the two 702
(2) candidates receiving the highest number of votes shall have 703
their names placed on the ballot for the second primary election. 704
The candidate receiving the most votes cast in the second primary 705
election shall be the party nominee. However, if no candidate 706
shall receive a majority vote at the first primary, and there is a 707
tie in the election of those receiving the next highest vote, 708
those candidates receiving the next highest vote and the candidate 709
receiving the highest vote shall have their names placed on the 710
ballot for the second primary election, and whoever receives the 711
most votes cast in the second primary election shall be the party 712
nominee. At the primary election the municipal executive 713
committee shall perform the same duties as are specified by law 714
and performed by members of the county executive committee with 715
regard to state and county primary elections. Each municipal 716
executive committee shall have as many members as there are 717
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elective officers of the municipality, and the members of the 718
municipal executive committee of each political party shall be 719
elected in the primary elections held for the nomination of 720
candidates for municipal offices. The provisions of this section 721
shall govern all municipal primary elections as far as applicable, 722
but the officers to prepare the ballots and the poll managers and 723
other officials of the primary election shall be appointed by the 724
municipal executive committee of the party holding the primary, 725
and the returns of such election shall be made to such municipal 726
executive committee. Vacancies in the executive committee shall 727
be filled by it. 728
(2) Provided, however, that in municipalities operating 729
under a special or private charter which fixes a time for holding 730
elections, other than the time fixed by Chapter 491, Laws of 1950, 731
the first primary election shall be held on the first Tuesday, two 732
(2) months before the time for holding the general election, as 733
fixed by the charter, and the second primary election, where 734
necessary, shall be held three (3) weeks after the first primary 735
election, unless the charter of any such municipality provides 736
otherwise, in which event the provisions of the special or private 737
charter shall prevail as to the time of holding such primary 738
elections. 739
(3) All primary elections in municipalities shall be held 740
and conducted in the same manner as is provided by law for state 741
and county primary elections. 742
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SECTION 16. Section 23-15-173, Mississippi Code of 1972, is 743
amended as follows: 744
23-15-173. (1) A general municipal election shall be held 745
in each city, town or village on the first Tuesday after the first 746
Monday of June 1985, and every four (4) years thereafter, for the 747
election of all municipal officers elected by the people. Early 748
voting for those general municipal elections shall be conducted as 749
provided in Sections 1 through 7 of this act. 750
(2) All municipal general elections shall be held and 751
conducted in the same manner as is provided by law for state and 752
county general elections. 753
(3) The provisions of Sections 23-15-171 and 23-15-173, 754
which fix the times to hold primary and general elections, shall 755
not apply to any municipality operating under a special or private 756
charter where the governing board or authority thereof, on or 757
before June 25, 1952, shall have adopted and spread upon its 758
minutes a resolution or ordinance declining to accept the 759
provisions, in which event the primary and general elections shall 760
be held at the time fixed by the charter of the municipality. 761
SECTION 17. Section 23-15-191, Mississippi Code of 1972, is 762
amended as follows: 763
23-15-191. The first primary shall be held on the first 764
Tuesday after the first Monday of August preceding any regular or 765
general election; and the second primary shall be held four (4) 766
weeks thereafter. Early voting for the primary election shall be 767
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conducted as provided for in Sections 1 through 7 of this act. The 768
candidate that receives a majority of the votes cast in the 769
election shall be the party nominee. If no candidate receives a 770
majority vote at the election, then the two (2) candidates who 771
receive the highest number of votes shall have their names placed 772
on the ballot for the second primary election to be held four (4) 773
weeks later. The candidate who receives the most votes in the 774
second primary election shall be the party nominee. However, if 775
no candidate receives a majority vote at the first primary, and 776
there is a tie in the election of those receiving the next highest 777
vote, then those candidates receiving the next highest vote and 778
the candidate receiving the highest vote shall have their names 779
placed on the ballot for the second primary election to be held 780
four (4) weeks later, and whoever receives the most votes cast in 781
the second primary election shall be the party nominee. 782
SECTION 18. Section 23-15-195, Mississippi Code of 1972, is 783
amended as follows: 784
23-15-195. Except as otherwise provided in Sections 1 785
through 7 of this act, all elections by the people shall be by 786
ballot, and shall be concluded in one (1) day. 787
SECTION 19. Section 23-15-197, Mississippi Code of 1972, is 788
amended as follows: 789
23-15-197. (1) Times for holding primary and general 790
elections for congressional offices shall be as prescribed in 791
Sections 23-15-1031, 23-15-1033 and 23-15-1041. 792
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(2) Times for holding elections for the office of judge of 793
the Supreme Court shall be as prescribed in Section 23-15-991 and 794
Sections 23-15-974 through 23-15-985, and times for holding 795
elections for the office of judge of the Court of Appeals shall be 796
as prescribed in Section 9-4-5. 797
(3) Times for holding elections for the office of circuit 798
court judge and the office of chancery court judge shall be as 799
prescribed in Sections 23-15-974 through 23-15-985, and Section 800
23-15-1015. 801
(4) Times for holding elections for the office of county 802
election commissioners shall be as prescribed in Section 803
23-15-213. 804
(5) Times for holding elections for the office of levee 805
commissioner shall be as prescribed in Chapter 12, Laws of 1928; 806
Chapter 574, Laws of 1968; Chapter 85, Laws of 1930; Chapter 317, 807
Laws of 1983; and Chapter 438, Laws of 2010. 808
(6) Times for holding elections for the office of justice 809
court judge shall be as prescribed in Section 23-15-193 and 810
Sections 23-15-973 through 23-15-985. 811
(7) Times for holding early voting shall be as prescribed in 812
Sections 1 through 7 of this act. 813
SECTION 20. Section 23-15-231, Mississippi Code of 1972, is 814
amended as follows: 815
23-15-231. Before every * * * early voting period begins, 816
the election commissioners shall appoint three (3) persons for 817
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each voting precinct to be poll managers, one (1) of whom shall be 818
designated by the election commissioners as election bailiff. For 819
general and special elections, the poll managers shall not all be 820
of the same political party if suitable persons of different 821
political parties can be found in the district. If any person 822
appointed shall fail to attend and serve, the poll managers 823
present, if any, may designate someone to fill his or her place; 824
and if the election commissioners fail to make the appointments or 825
in case of the failure of all those appointed to attend and serve, 826
any three (3) qualified electors present when the polls should be 827
opened may act as poll managers. Provided, however, any person 828
appointed to be poll manager or act as poll manager shall be a 829
qualified elector of the county in which the polling place is 830
located. 831
SECTION 21. Section 23-15-233, Mississippi Code of 1972, is 832
amended as follows: 833
23-15-233. The poll managers shall take care that the 834
election * * * and the early voting are conducted fairly and 835
agreeably to law, and they shall be judges of the qualifications 836
of electors, and may examine, on oath, any person duly registered 837
and offering to vote touching his or her qualifications as an 838
elector, which oath any of the poll managers may administer. 839
SECTION 22. Section 23-15-239, Mississippi Code of 1972, is 840
amended as follows: 841
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23-15-239. (1) The executive committee of each county, in 842
the case of a primary election, or the election commissioners of 843
each county, in the case of all other elections, in conjunction 844
with the circuit clerk, shall, in the years in which counties 845
conduct an election, sponsor and conduct, not less than five (5) 846
days before the early voting period for each election begins, not 847
less than four (4) hours and not more than eight (8) hours of poll 848
manager training to instruct poll managers as to their duties in 849
the proper administration of the election and the operation of the 850
polling place. Any poll manager who completes the online training 851
course provided by the Secretary of State shall only be required 852
to complete two (2) hours of in-person poll manager training. No 853
poll manager shall serve in any election unless he or she has 854
received these instructions once during the twelve (12) months 855
immediately preceding the date upon which the election is held; 856
however, nothing in this section shall prevent the appointment of 857
an alternate poll manager to fill a vacancy in case of an 858
emergency. The county executive committee or the election 859
commissioners, as appropriate, shall train a sufficient number of 860
alternates to serve in the event a poll manager is unable to serve 861
for any reason. 862
(2) (a) If it is eligible under Section 23-15-266, the 863
county executive committee may enter into a written agreement with 864
the circuit clerk or the county election commission authorizing 865
the circuit clerk or the county election commission to perform any 866
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of the duties required of the county executive committee pursuant 867
to this section. Any agreement entered into pursuant to this 868
subsection shall be signed by the chair of the county executive 869
committee and the circuit clerk or the chair of the county 870
election commission, as appropriate. The county executive 871
committee shall notify the state executive committee and the 872
Secretary of State of the existence of the agreement. 873
(b) If it is eligible under Section 23-15-266, the 874
municipal executive committee may enter into a written agreement 875
with the municipal clerk or the municipal election commission 876
authorizing the municipal clerk or the municipal election 877
commission to perform any of the duties required of the municipal 878
executive committee pursuant to this section. Any agreement 879
entered into pursuant to this subsection shall be signed by the 880
chair of the municipal executive committee and the municipal clerk 881
or the chair of the municipal election commission, as appropriate. 882
The municipal executive committee shall notify the state executive 883
committee and the Secretary of State of the existence of the 884
agreement. 885
(3) The board of supervisors and the municipal governing 886
authority, in their discretion, may compensate poll managers who 887
attend these training sessions. The compensation shall be at a 888
rate of not less than the federal hourly minimum wage and not more 889
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 890
compensated for more than sixteen (16) hours of attendance at the 891
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training sessions regardless of the actual amount of time that 892
they attended the training sessions. 893
(4) The time and location of the training sessions required 894
pursuant to this section shall be announced to the general public 895
by posting a notice thereof at the courthouse and by delivering a 896
copy of the notice to the office of a newspaper having general 897
circulation in the county five (5) days before the date upon which 898
the training session is to be conducted. Persons who will serve 899
as poll watchers for candidates and political parties, as well as 900
members of the general public, shall be allowed to attend the 901
sessions. 902
(5) Subject to the following annual limitations, the 903
election commissioners shall be entitled to receive a per diem in 904
the amount of One Hundred Ten Dollars ($110.00), to be paid from 905
the county general fund, for every day or period of no less than 906
five (5) hours accumulated over two (2) or more days actually 907
employed in the performance of their duties for the necessary time 908
spent in conducting training sessions as required by this section: 909
(a) In counties having less than fifteen thousand 910
(15,000) residents according to the latest federal decennial 911
census, not more than five (5) days per year; 912
(b) In counties having fifteen thousand (15,000) 913
residents according to the latest federal decennial census but 914
less than thirty thousand (30,000) residents according to the 915
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latest federal decennial census, not more than eight (8) days per 916
year; 917
(c) In counties having thirty thousand (30,000) 918
residents according to the latest federal decennial census but 919
less than seventy thousand (70,000) residents according to the 920
latest federal decennial census, not more than ten (10) days per 921
year; 922
(d) In counties having seventy thousand (70,000) 923
residents according to the latest federal decennial census but 924
less than ninety thousand (90,000) residents according to the 925
latest federal decennial census, not more than twelve (12) days 926
per year; 927
(e) In counties having ninety thousand (90,000) 928
residents according to the latest federal decennial census but 929
less than one hundred seventy thousand (170,000) residents 930
according to the latest federal decennial census, not more than 931
fifteen (15) days per year; 932
(f) In counties having one hundred seventy thousand 933
(170,000) residents according to the latest federal decennial 934
census but less than two hundred thousand (200,000) residents 935
according to the latest federal decennial census, not more than 936
eighteen (18) days per year; 937
(g) In counties having two hundred thousand (200,000) 938
residents according to the latest federal decennial census but 939
less than two hundred twenty-five thousand (225,000) residents 940
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according to the latest federal decennial census, not more than 941
nineteen (19) days per year; 942
(h) In counties having two hundred twenty-five thousand 943
(225,000) residents or more according to the latest federal 944
decennial census, not more than twenty-two (22) days per year. 945
(6) Election commissioners shall claim the per diem 946
authorized in subsection (5) of this section in the manner 947
provided for in Section 23-15-153(6). 948
(7) (a) To provide poll manager training, the Secretary of 949
State has developed a single, comprehensive poll manager training 950
program to ensure uniform, secure elections throughout the state. 951
The program includes online training on all state and federal 952
election laws and procedures and voting machine opening and 953
closing procedures. 954
(b) County poll managers who individually access and 955
complete the online training program, including all skills 956
assessments, at least five (5) days before the early voting period 957
for an election begins shall be defined as "certified poll 958
managers," and entitled to a "Certificate of Completion." 959
(c) At least one (1) certified poll manager shall be 960
appointed by the county election officials to work in each polling 961
place in the county during each general election. 962
SECTION 23. Section 23-15-241, Mississippi Code of 1972, is 963
amended as follows: 964
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23-15-241. The poll manager designated an election bailiff 965
shall, in addition to his or her other duties, be present during 966
the early voting period and on election day to keep the peace and 967
to protect the voting place, and to prevent improper intrusion 968
upon the voting place or interference with the election, and to 969
arrest all persons creating any disturbance about the voting 970
place, and to enable all qualified electors who have not voted, 971
and who desire to vote, to have unobstructed access to the polls 972
for the purpose of voting when others are not voting. 973
SECTION 24. Section 23-15-245, Mississippi Code of 1972, is 974
amended as follows: 975
23-15-245. It shall be the duty of the poll manager 976
designated as bailiff to be present at the voting place, and to 977
take such steps as will accomplish the purpose of his or her 978
appointment, and the poll manager designated as bailiff shall have 979
full power to do so and may summon to his or her aid all persons 980
present at the voting place. A space thirty (30) feet in every 981
direction from the polls, or the room in which the * * * voting is 982
held, shall be kept open and clear of all persons except the 983
election officials, individuals present to vote and credentialed 984
poll watchers as defined by Section 23-15-577. The electors shall 985
approach the polls from one (1) direction, line, door or passage, 986
and depart in another as nearly opposite as convenient. 987
SECTION 25. Section 23-15-247, Mississippi Code of 1972, is 988
amended as follows: 989
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23-15-247. The election commissioners in each county shall 990
procure, if not already provided, a sufficient number of ballot 991
boxes, which shall be distributed by them to the voting precincts 992
of the county before the time for opening the polls for early 993
voting and on election day. The boxes shall be securely sealed 994
from the opening of the polls * * * for early voting until the 995
polls close on election day; and the box shall be kept by one (1) 996
of the managers, and the manager having the box shall carefully 997
keep it, and neither open it himself or herself nor permit it to 998
be opened, nor permit any person to have any access to it 999
throughout the voting period during an election. The box shall 1000
not be removed from the polling building or place after the polls 1001
are opened until the polls close and the count is complete. After 1002
each election the ballot boxes shall be delivered to the clerk of 1003
the circuit court of the county for preservation; and he or she 1004
shall keep them for future use, and, when called for, deliver them 1005
to the election commissioners. 1006
SECTION 26. Section 23-15-251, Mississippi Code of 1972, is 1007
amended as follows: 1008
23-15-251. The election commissioners, in appointing the 1009
poll managers of an election, shall designate one (1) of the poll 1010
managers at each voting place to receive and distribute the 1011
official ballots, and shall deliver to him or her the proper 1012
number of ballots for his or her district not less than one (1) 1013
day before the early voting period begins and not less than one 1014
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(1) day before election day; and the poll manager receiving the 1015
ballots from the election commissioners shall distribute the same 1016
to the electors of his or her district in the manner herein 1017
provided. It shall be the duty of the designated poll manager for 1018
service at a voting place other than the courthouse, to carry to 1019
that voting place, on the day before the early voting period 1020
begins and on the day before election day, or before 6:00 a.m. on 1021
the morning the early voting period begins and on the morning of 1022
the election day, the ballot box, the pollbook, the blank tally 1023
sheets, the blank forms to be used in making returns, the other 1024
necessary stationery and supplies and the official printed ballots 1025
aforesaid, and all of the same used and unused shall be returned 1026
by the designated poll manager to the election commissioners on 1027
the day * * * after the election. 1028
SECTION 27. Section 23-15-255, Mississippi Code of 1972, is 1029
amended as follows: 1030
23-15-255. (1) The supervisor of each respective 1031
supervisors district shall provide at each election place a 1032
sufficient number of voting compartments, shelves and tables for 1033
the use of electors, which shall be so arranged that it will be 1034
impossible for a voter in one (1) compartment to see another voter 1035
who is preparing his or her ballot. The number of voting 1036
compartments and shelves or tables shall not be less than one (1) 1037
to every two hundred (200) electors in the voting precinct. 1038
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(2) The poll managers of each precinct shall publicly post 1039
the following information at the precinct polling place * * * 1040
during any election: 1041
(a) A sample ballot that will be used at the election; 1042
(b) The hours during which the polling places will be 1043
open for early voting and on election day; 1044
(c) Instructions on how to vote, including how to cast 1045
a vote and how to cast an affidavit ballot; 1046
(d) Instructions for persons who have registered to 1047
vote by mail and first time voters, if appropriate; 1048
(e) General information on voting rights, including 1049
information on the right of an individual to cast an affidavit 1050
ballot and instructions on how to contact the appropriate 1051
officials if these rights are alleged to have been violated; * * * 1052
(f) The consequences under federal and state laws 1053
regarding fraud and misrepresentation; 1054
(g) A list of voters in each polling place that have 1055
already cast an absentee ballot or voted during the early voting 1056
period; and 1057
(h) The acceptable forms of photo identification that 1058
may be presented in the polling place. 1059
SECTION 28. Section 23-15-263, Mississippi Code of 1972, is 1060
amended as follows: 1061
23-15-263. (1) Unless otherwise provided in this chapter, 1062
the county executive committee at primary elections shall perform 1063
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all duties that relate to the qualification of candidates for 1064
primary elections, print ballots for the early voting period for 1065
primary elections and for primary * * * election day, appoint the 1066
primary election officers, resolve contests in regard to primary 1067
elections, and perform all other duties required by law to be 1068
performed by the county executive committee; however, each house 1069
of the Legislature shall rule on the qualifications of the 1070
membership of its respective body in contests involving the 1071
qualifications of * * * its members. The executive committee 1072
shall be subject to all the penalties to which county election 1073
commissioners are subject, except that Section 23-15-217 shall not 1074
apply to members of the county executive committee who seek 1075
elective office. 1076
(2) A member of a county executive committee shall be 1077
automatically disqualified to serve on the county executive 1078
committee, and shall be considered to have resigned * * * from the 1079
county executive committee, upon his or her qualification as a 1080
candidate for any elective office. The provisions of this 1081
subsection shall not apply to a member of a county executive 1082
committee who qualifies as a candidate for a municipal elective 1083
office. 1084
(3) The primary election officers appointed by the executive 1085
committee of the party shall have the powers and perform the 1086
duties, where not otherwise provided, required of * * * those 1087
officers in a general election, and any * * * act or omission 1088
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which by law is an offense when committed in or about or in 1089
respect to * * * the general elections, shall be an offense if 1090
committed in or about or in respect to a primary election; and the 1091
same shall be indictable and punishable in the same way as if the 1092
election was a general election for the election of state and 1093
county officers, except as specially modified or otherwise 1094
provided in this chapter. 1095
SECTION 29. Section 23-15-265, Mississippi Code of 1972, is 1096
amended as follows: 1097
23-15-265. (1) The county executive committee of each 1098
county shall meet not less than two (2) weeks before the 1099
date * * * the period for early voting begins for any primary 1100
election and appoint the poll managers for same, all of whom may 1101
be members of the same political party. The number of poll 1102
managers appointed by the county executive committee shall be the 1103
same number as election commissioners are allowed to appoint 1104
pursuant to Sections 23-15-231 and 23-15-235. If the county 1105
executive committee fails to meet on the date named, supra, 1106
further notice shall be given of the time and place of meeting. 1107
(2) (a) If it is eligible under Section 23-15-266, the 1108
county executive committee may enter into a written agreement with 1109
the circuit clerk or the county election commission authorizing 1110
the circuit clerk or the county election commission to perform any 1111
of the duties required of the county executive committee pursuant 1112
to this section. Any agreement entered into pursuant to this 1113
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subsection shall be signed by the chair of the county executive 1114
committee and the circuit clerk or the chair of the county 1115
election commission, as appropriate. The county executive 1116
committee shall notify the state executive committee and the 1117
Secretary of State of the existence of the agreement. 1118
(b) If it is eligible under Section 23-15-266, the 1119
municipal executive committee may enter into a written agreement 1120
with the municipal clerk or the municipal election commission 1121
authorizing the municipal clerk or the municipal election 1122
commission to perform any of the duties required of the municipal 1123
executive committee pursuant to this section. Any agreement 1124
entered into pursuant to this subsection shall be signed by the 1125
chair of the municipal executive committee and the municipal clerk 1126
or the chair of the municipal election commission, as appropriate. 1127
The municipal executive committee shall notify the state executive 1128
committee and the Secretary of State of the existence of such 1129
agreement. 1130
SECTION 30. Section 23-15-267, Mississippi Code of 1972, is 1131
amended as follows: 1132
23-15-267. (1) The ballot boxes provided by the election 1133
commissioners in each county shall be used in primary elections, 1134
and the county executive committees shall distribute them to the 1135
voting precincts of the county before the time for opening the 1136
polls, in the same manner, as near as may be, as that provided for 1137
in general elections. 1138
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(2) The boxes shall be securely sealed and locked beginning 1139
at the start of voting during the period for early voting and on 1140
election day until the end of voting on election day; and the box 1141
shall be kept by one (1) of the poll managers, and the poll 1142
manager having the box shall carefully keep it, and neither open 1143
it himself or herself nor permit it to be done, nor permit any 1144
person to have any access to it throughout voting during the 1145
period for early voting and during election day. The box shall 1146
not be removed from the polling place after the polls are open 1147
until the polls close and the count is completed. 1148
(3) After each election, the ballot boxes shall be delivered 1149
to the clerk of the circuit court of the county for preservation; 1150
and he or she shall keep them for future use, and, when called 1151
for, deliver them to the election commissioners. 1152
(4) (a) If it is eligible under Section 23-15-266, the 1153
county executive committee may enter into a written agreement with 1154
the circuit clerk or the county election commission authorizing 1155
the circuit clerk or the county election commission to perform any 1156
of the duties required of the county executive committee pursuant 1157
to this section. Any agreement entered into pursuant to this 1158
subsection shall be signed by the chair of the county executive 1159
committee and the circuit clerk or the chair of the county 1160
election commission, as appropriate. The county executive 1161
committee shall notify the State Executive Committee and the 1162
Secretary of State of the existence of such agreement. 1163
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(b) If it is eligible under Section 23-15-266, the 1164
municipal executive committee may enter into a written agreement 1165
with the municipal clerk or the municipal election commission 1166
authorizing the municipal clerk or the municipal election 1167
commission to perform any of the duties required of the municipal 1168
executive committee pursuant to this section. Any agreement 1169
entered into pursuant to this subsection shall be signed by the 1170
chair of the municipal executive committee and the municipal clerk 1171
or the chair of the municipal election commission, as appropriate. 1172
The municipal executive committee shall notify the State Executive 1173
Committee and the Secretary of State of the existence of such 1174
agreement. 1175
(5) The person, or persons, whose duty it is to comply with 1176
the provisions of this section and who shall fail, or neglect, 1177
from any cause, to deliver the boxes or any of them as herein 1178
provided shall, upon conviction, be fined not less than Two 1179
Hundred Dollars ($200.00) and be imprisoned in the county jail of 1180
the residence of the person, or persons, who violates any of the 1181
provisions of this section, for a period of not less than thirty 1182
(30) days or more than six (6) months, and fined not more than 1183
Five Hundred Dollars ($500.00). 1184
SECTION 31. Section 23-15-309, Mississippi Code of 1972, is 1185
amended as follows: 1186
23-15-309. (1) Nominations for all municipal officers which 1187
are elective shall be made * * * during the days for conducting a 1188
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primary election, or elections, to be held in the manner 1189
prescribed by law. All persons desiring to be candidates for the 1190
nomination in the primary elections shall first pay Ten Dollars 1191
($10.00) to the clerk of the municipality, at least sixty (60) 1192
days before date the early voting period begins for the first 1193
primary election, no later than 5:00 p.m. on such deadline day. 1194
If the sixtieth day to file the fee and written statement before 1195
the date the early voting period begins for an election falls on a 1196
Sunday or legal holiday, the fees and written statements submitted 1197
on the business day immediately following the Sunday or legal 1198
holiday shall be accepted. 1199
(2) The fee paid pursuant to subsection (1) of this section 1200
shall be accompanied by a written statement containing the name 1201
and address of the candidate, the party with which he or she is 1202
affiliated, the email address of the candidate, if any, and the 1203
office for which he or she is a candidate. 1204
(3) The clerk shall promptly receipt the payment, stating 1205
the office for which the person making the payment is running and 1206
the political party with which such person is affiliated. The 1207
clerk shall keep an itemized account in detail showing the time 1208
and date of the receipt of such payment received by him or her, 1209
from whom such payment was received, the party with which such 1210
person is affiliated and for what office the person paying the fee 1211
is a candidate. No candidate may attempt to qualify with any 1212
political party that does not have a duly organized municipal 1213
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executive committee, and the municipal clerk shall not accept any 1214
assessments made pursuant to subsection (1) if the municipal clerk 1215
does not have contact information for the secretary of the 1216
municipal executive committee for that political party. The clerk 1217
shall promptly supply all necessary information and pay over all 1218
fees so received to the secretary of the proper municipal 1219
executive committee. The funds may be used and disbursed in the 1220
same manner as is allowed in Section 23-15-299 in regard to other 1221
executive committees. 1222
(4) Upon receipt of the above information, the proper 1223
municipal executive committee shall then determine, at the time of 1224
the qualifying deadline, whether each candidate is a qualified 1225
elector of the municipality, and of the ward if the office sought 1226
is a ward office, shall determine whether each candidate either 1227
meets all other qualifications to hold the office he or she is 1228
seeking or presents absolute proof that he or she will, subject to 1229
no contingencies, meet all qualifications on or before the date of 1230
the general or special election at which he or she could be 1231
elected to office. The executive committee shall determine 1232
whether the candidate has taken the steps necessary to qualify for 1233
more than one (1) office at the election. The committee also 1234
shall determine whether any candidate has been convicted of any 1235
felony in a court of this state, or has been convicted on or after 1236
December 8, 1992, of any offense in another state which is a 1237
felony under the laws of this state, or has been convicted of any 1238
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felony in a federal court on or after December 8, 1992. Excepted 1239
from the above are convictions of manslaughter and violations of 1240
the United States Internal Revenue Code or any violations of the 1241
tax laws of this state unless such offense also involved misuse or 1242
abuse of his or her office or money coming into his or her hands 1243
by virtue of the office. If the proper municipal executive 1244
committee finds that a candidate either (a) does not meet all 1245
qualifications to hold the office he or she seeks and fails to 1246
provide absolute proof, subject to no contingencies, that he or 1247
she will meet the qualifications on or before the date * * * the 1248
early voting period begins for the general or special election at 1249
which he or she could be elected, or (b) has been convicted of a 1250
felony as described in this subsection and not pardoned, then the 1251
executive committee shall notify the candidate and give the 1252
candidate an opportunity to be heard. The executive committee 1253
shall mail notice to the candidate at least three (3) business 1254
days before the hearing to the address provided by the candidate 1255
on the qualifying forms, and the committee shall attempt to 1256
contact the candidate by telephone, email and facsimile if the 1257
candidate provided this information on the forms. If the 1258
candidate fails to appear at the hearing or to prove he or she 1259
meets all qualifications to hold the office subject to no 1260
contingencies, then the name of such candidate shall not be placed 1261
upon the ballot. If the executive committee determines that the 1262
candidate has taken the steps necessary to qualify for more than 1263
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one (1) office at the election, the action required by Section 1264
23-15-905, shall be taken. 1265
(5) Where there is but one (1) candidate, the proper 1266
municipal executive committee when the time has expired within 1267
which the names of candidates shall be furnished shall declare 1268
such candidate the nominee. 1269
SECTION 32. Section 23-15-331, Mississippi Code of 1972, is 1270
amended as follows: 1271
23-15-331. It shall be the duty of the state executive 1272
committee of each political party to furnish to each county 1273
executive committee, not less than fifty (50) days * * * before 1274
the * * * period for early voting begins the names of all state 1275
and state district candidates and all candidates for legislative 1276
districts composed of more than one (1) county or parts of more 1277
than one (1) county who have qualified as provided by law, and in 1278
accordance with the requirements of Section 23-15-333 a sample of 1279
the official ballot to be used in the primary, the general form of 1280
which shall be followed as nearly as practicable. 1281
SECTION 33. Section 23-15-333, Mississippi Code of 1972, is 1282
amended as follows: 1283
23-15-333. (1) The county executive committee shall have 1284
printed all necessary ballots, for use in primary elections. The 1285
county executive committee shall have printed all necessary 1286
absentee ballots forty-five (45) days before the period for early 1287
voting begins for the election as required by law. The ballots 1288
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shall contain the names of all the candidates to be voted for at 1289
the election, and there shall be left on each ballot one (1) blank 1290
space under the title of each office for which a nominee is to be 1291
elected; and in the event of the death of any candidate whose name 1292
shall have been printed on the ballot, the name of the candidate 1293
duly substituted in the place of the deceased candidate may be 1294
written in such blank space by the voter. Except as otherwise 1295
provided in subsection (2) of this section, the order in which the 1296
titles to the various offices shall be printed, and the size, 1297
print and quality of the paper of the ballot is left to the 1298
discretion of the county executive committee. Provided, however, 1299
that in all cases the arrangement of the names of the candidates 1300
for each office shall be alphabetical. No ballot shall be used 1301
except those so printed. 1302
(2) The titles for the various offices shall be listed in 1303
the following order: 1304
(a) Candidates, electors or delegates for the following 1305
national offices: 1306
(i) President of the United States of America; 1307
(ii) United States Senator or United States 1308
Representative; 1309
(b) Candidates for the following statewide offices: 1310
Governor, Lieutenant Governor, Secretary of State, Attorney 1311
General, State Treasurer, Auditor of Public Accounts, Commissioner 1312
of Agriculture and Commerce, Commissioner of Insurance; 1313
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(c) Candidates for the following state district 1314
offices: Mississippi Transportation Commissioner, Public Service 1315
Commissioner, District Attorney; 1316
(d) Candidates for the following legislative offices: 1317
Senator and House of Representatives; 1318
(e) Candidates for countywide office; 1319
(f) Candidates for county district office. 1320
The order in which the titles for the various offices are 1321
listed within each of the categories listed in paragraphs (e) and 1322
(f) are left to the discretion of the county executive committee. 1323
Candidates' names shall be listed alphabetically under each office 1324
by the candidate's last name. 1325
(3) If after the deadline to qualify as a candidate for an 1326
office, only one (1) person has duly qualified to be a candidate 1327
for the office in the primary election, the name of that person 1328
shall be placed on the ballot; provided, however, that if not more 1329
than one (1) person has duly qualified to be a candidate for each 1330
office on the primary election ballot, the election for all 1331
offices on the ballot shall be dispensed with and the appropriate 1332
executive committee shall declare each candidate as the party 1333
nominee if the candidate meets all the qualifications to hold the 1334
office. 1335
(4) (a) If it is eligible under Section 23-15-266, the 1336
county executive committee may enter into a written agreement with 1337
the circuit clerk or the county election commission authorizing 1338
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the circuit clerk or the county election commission to perform any 1339
of the duties required of the county executive committee pursuant 1340
to this section. Any agreement entered into pursuant to this 1341
subsection shall be signed by the chair of the county executive 1342
committee and the circuit clerk or the chair of the county 1343
election commission, as appropriate. The county executive 1344
committee shall notify the state executive committee and the 1345
Secretary of State of the existence of such agreement. 1346
(b) If it is eligible under Section 23-15-266, the 1347
municipal executive committee may enter into a written agreement 1348
with the municipal clerk or the municipal election commission 1349
authorizing the municipal clerk or the municipal election 1350
commission to perform any of the duties required of the municipal 1351
executive committee pursuant to this section. Any agreement 1352
entered into pursuant to this subsection shall be signed by the 1353
chair of the municipal executive committee and the municipal clerk 1354
or the chair of the municipal election commission, as appropriate. 1355
The municipal executive committee shall notify the state executive 1356
committee and the Secretary of State of the existence of such 1357
agreement. 1358
SECTION 34. Section 23-15-335, Mississippi Code of 1972, is 1359
amended as follows: 1360
23-15-335. (1) The county executive committee shall 1361
designate a person whose duty it shall be to distribute all 1362
necessary ballots for use * * * during a primary election, and 1363
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shall designate one (1) among the poll managers at each polling 1364
place to receive and receipt for the blank ballots to be used at 1365
that place. When the blank ballots are delivered to a local poll 1366
manager, the distributor shall take from the local poll manager a 1367
receipt therefor signed in duplicate by both the distributor and 1368
the poll manager, one (1) of which receipts the distributor shall 1369
deliver to the circuit clerk and the other shall be retained by 1370
the local poll manager and the last mentioned duplicate receipt 1371
shall be enclosed in the ballot box with the voted ballots when 1372
the polls have been closed and the votes have been counted. The 1373
printer of the ballots shall take a receipt from the distributor 1374
of the ballots for the total number of the blank ballots delivered 1375
to the distributor. The printer shall secure all ballots printed 1376
by him or her in such a safe manner that no person can procure 1377
them or any of them, and he or she shall deliver no blank ballot 1378
or ballots to any person except the distributor above mentioned, 1379
and then only upon his or her receipt therefor as above specified. 1380
The distributor of the blank ballots shall so securely hold the 1381
same that no person can obtain any of them, and he or she shall 1382
not deliver any of them to any person other than to the authorized 1383
local poll managers and upon their respective receipts therefor. 1384
The executive committee shall see to it that the total blank 1385
ballots delivered to the distributor, shall correspond with the 1386
total of the receipts executed by the local poll managers. 1387
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(2) (a) If it is eligible under Section 23-15-266, the 1388
county executive committee may enter into a written agreement with 1389
the circuit clerk or the county election commission authorizing 1390
the circuit clerk or the county election commission to perform any 1391
of the duties required of the county executive committee pursuant 1392
to this section. Any agreement entered into pursuant to this 1393
subsection shall be signed by the chair of the county executive 1394
committee and the circuit clerk or the chair of the county 1395
election commission, as appropriate. The county executive 1396
committee shall notify the state executive committee and the 1397
Secretary of State of the existence of such agreement. 1398
(b) If it is eligible under Section 23-15-266, the 1399
municipal executive committee may enter into a written agreement 1400
with the municipal clerk or the municipal election commission 1401
authorizing the municipal clerk or the municipal election 1402
commission to perform any of the duties required of the municipal 1403
executive committee pursuant to this section. Any agreement 1404
entered into pursuant to this subsection shall be signed by the 1405
chair of the municipal executive committee and the municipal clerk 1406
or the chair of the municipal election commission, as appropriate. 1407
The municipal executive committee shall notify the state executive 1408
committee and the Secretary of State of the existence of such 1409
agreement. 1410
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(3) Any person charged with any of the duties prescribed in 1411
this section who shall willfully or with culpable carelessness 1412
violate the same shall be guilty of a misdemeanor. 1413
SECTION 35. Section 23-15-353, Mississippi Code of 1972, is 1414
amended as follows: 1415
23-15-353. The officer charged with printing and 1416
distributing the official ballot shall ascertain from the 1417
registrar, at least ten (10) days before the day * * * early 1418
voting for that election begins, the number of registered voters 1419
in each voting precinct; and he or she shall have printed and 1420
distributed a sufficient number of ballots for use in each 1421
precinct. 1422
SECTION 36. Section 23-15-357, Mississippi Code of 1972, is 1423
amended as follows: 1424
23-15-357. On the back and outside of the ballot shall be 1425
printed the words "OFFICIAL BALLOT," the name of the voting 1426
precinct or place for which the ballot is prepared, * * * the date 1427
of the election and the date of the period for early voting. 1428
SECTION 37. Section 23-15-359, Mississippi Code of 1972, is 1429
amended as follows: 1430
23-15-359. (1) Except as provided in this section, the 1431
ballot shall contain the names of all party nominees certified by 1432
the appropriate executive committee, and independent and special 1433
election candidates who have timely filed petitions containing the 1434
required signatures and assessments that must be paid pursuant to 1435
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Section 23-15-297, if the candidates and nominees meet all of the 1436
qualifications to hold the office sought. A petition requesting 1437
that an independent or special election candidate's name be placed 1438
on the ballot for any office shall be filed as provided for in 1439
subsection (3) or (4) of this section, as appropriate, and shall 1440
be signed by not less than the following number of qualified 1441
electors: 1442
(a) For an office elected by the state at large, not 1443
less than one thousand (1,000) qualified electors. 1444
(b) For an office elected by the qualified electors of 1445
a Supreme Court district, not less than three hundred (300) 1446
qualified electors. 1447
(c) For an office elected by the qualified electors of 1448
a congressional district, not less than two hundred (200) 1449
qualified electors. 1450
(d) For an office elected by the qualified electors of 1451
a circuit or chancery court district, not less than one hundred 1452
(100) qualified electors. 1453
(e) For an office elected by the qualified electors of 1454
a senatorial or representative district, not less than fifty (50) 1455
qualified electors. 1456
(f) For an office elected by the qualified electors of 1457
a county, not less than fifty (50) qualified electors. 1458
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(g) For an office elected by the qualified electors of 1459
a supervisors district, not less than fifteen (15) qualified 1460
electors. 1461
(h) For the Office of President of the United States, a 1462
party nominee or independent candidate shall pay an assessment in 1463
the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1464
(2) (a) Unless the petition or fee, whichever is 1465
applicable, required above shall be filed as provided for in 1466
subsection (3), (4) or (5) of this section, as appropriate, the 1467
name of the person requested to be a candidate, unless nominated 1468
by a political party, shall not be placed upon the ballot. The 1469
ballot shall contain the names of each candidate for each office, 1470
and the names shall be listed under the name of the political 1471
party that candidate represents as provided by law and as 1472
certified to the circuit clerk by the state executive committee of 1473
the political party. In the event the candidate qualifies as an 1474
independent as provided in this section, he or she shall be listed 1475
on the ballot as an independent candidate. 1476
(b) The name of an independent or special election 1477
candidate who dies before the printing of the ballots, shall not 1478
be placed on the ballots. 1479
(3) Petitions for offices described in paragraphs (a), (b), 1480
(c), (d) and (e) of subsection (1) of this section shall be filed 1481
with the Secretary of State, on a form prescribed by the Secretary 1482
of State, by no later than 5:00 p.m. on the same date or business 1483
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day, as applicable, by which candidates are required to pay the 1484
fee provided for in Section 23-15-297; and, no petition may be 1485
filed before the date specified in Section 23-15-299. 1486
(4) Petitions for offices described in paragraphs (f) and 1487
(g) of subsection (1) of this section shall be filed with the 1488
proper circuit clerk, on a form prescribed by the Secretary of 1489
State, by no later than 5:00 p.m. on the same date by which 1490
candidates are required to pay the fee provided for in Section 1491
23-15-297; however, no petition may be filed before January 1 of 1492
the year in which the election for the office is held. The 1493
circuit clerk shall notify the county election commissioners of 1494
all persons who have filed petitions with the clerk. The 1495
notification shall occur within two (2) business days and shall 1496
contain all necessary information. 1497
(5) A petition required under this section, or any other 1498
petition for a special election, shall be accompanied by a 1499
statement, on a form prescribed by the Secretary of State, 1500
containing the name and physical address of the candidate, the 1501
email address of the candidate, if any, and the office he or she 1502
seeks. Each statement shall also require the candidate to certify 1503
that he or she meets all the qualifications to hold the office he 1504
or she seeks. 1505
(6) The assessment for the office described in paragraph (h) 1506
of subsection (1) of this section shall be paid to the Secretary 1507
of State. The Secretary of State shall deposit any qualifying 1508
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fees received from candidates into the Elections Support Fund 1509
established in Section 23-15-5. 1510
(7) The election commissioners may also have printed upon 1511
the ballot any local issue election matter that is authorized to 1512
be * * * voted on * * * during the period for voting for the 1513
regular or general election pursuant to Section 23-15-375; 1514
however, the ballot form of the local issue must be filed with the 1515
election commissioners by the appropriate governing authority not 1516
less than sixty (60) days before the date * * * the early voting 1517
period begins for the election. 1518
(8) The provisions of this section shall not apply to 1519
municipal elections or to the election of the offices of justice 1520
of the Supreme Court, judge of the Court of Appeals, circuit 1521
judge, chancellor, county court judge, justice court judge and 1522
family court judge. 1523
(9) Nothing in this section shall prohibit special elections 1524
to fill vacancies in either house of the Legislature from being 1525
held as provided in Section 23-15-851. In all elections conducted 1526
under the provisions of Section 23-15-851, there shall be printed 1527
on the ballot the name of any candidate who, not having been 1528
nominated by a political party, shall have been requested to be a 1529
candidate for any office by a petition filed with the Secretary of 1530
State and signed by not less than fifty (50) qualified electors. 1531
(10) (a) The appropriate election commission shall 1532
determine the following: 1533
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(i) Whether each candidate is a qualified elector 1534
of the state, state district, county or county district they seek 1535
to serve; and 1536
(ii) Whether each candidate meets all other 1537
qualifications to hold the office he or she is seeking or presents 1538
absolute proof that he or she will, subject to no contingencies, 1539
meet all qualifications on or before the date * * * the early 1540
voting period begins for the general or special election at which 1541
he or she could be elected to office; and 1542
(iii) Whether the candidate has taken the steps 1543
necessary to qualify for more than one (1) office at the election; 1544
and 1545
(iv) Whether any candidate has been convicted of 1546
any of the following: 1547
1. Any felony in a court of this state, 1548
2. On or after December 8, 1992, any offense 1549
in another state which is a felony under the laws of this state, 1550
3. Any felony in a federal court on or after 1551
December 8, 1992, or 1552
4. Any offense that involved the misuse or 1553
abuse of his or her office or money coming into his or her hands 1554
by virtue of the office. Excepted from the above are convictions 1555
of manslaughter and violations of the United States Internal 1556
Revenue Code or any violations of the tax laws of this state; and 1557
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(v) Whether the candidate has voted in any 1558
election outside of the jurisdiction in which he or she seeks to 1559
represent during the period in which the candidate is required to 1560
have resided within the jurisdiction. If a candidate is found to 1561
have voted in any election outside of the jurisdiction that he or 1562
she seeks to represent during the period in which the candidate is 1563
required to have resided within the jurisdiction, the name of such 1564
candidate shall not appear on the ballot. However, if a candidate 1565
who votes in an election that he or she was properly registered 1566
for is then subsequently redistricted into the jurisdiction that 1567
he or she is currently seeking to represent, then he or she shall 1568
not be disqualified as a candidate due to voting in an election 1569
outside of his or her current jurisdiction during the required 1570
residency period. 1571
(b) If the appropriate election commission finds that a 1572
candidate either (i) is not a qualified elector, (ii) does not 1573
meet all qualifications to hold the office he or she seeks and 1574
fails to provide absolute proof, subject to no contingencies, that 1575
he or she will meet the qualifications on or before the date * * * 1576
the early voting period begins for the general or special election 1577
at which he or she could be elected, or (iii) has been convicted 1578
of a felony or other disqualifying offense as described in 1579
paragraph (a) of this subsection, and not pardoned, or (iv) has 1580
voted in any election outside of the jurisdiction he or she is 1581
currently seeking to represent during the period in which the 1582
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candidate is required to have resided within the jurisdiction, and 1583
is not subject to a redistricting exception as stated in paragraph 1584
(a)(v) of this subsection, then the election commission shall 1585
notify the candidate and give the candidate an opportunity to be 1586
heard. The election commission shall mail notice to the candidate 1587
at least three (3) business days before the hearing to the address 1588
provided by the candidate on the qualifying forms, and the 1589
committee shall attempt to contact the candidate by telephone, 1590
email and facsimile if the candidate provided this information on 1591
the forms. If the candidate fails to appear at the hearing or to 1592
prove that he or she meets all qualifications to hold the office 1593
subject to no contingencies, then the name of such candidate shall 1594
not be placed upon the ballot. If the appropriate election 1595
commission determines that the candidate has taken the steps 1596
necessary to qualify for more than one (1) office at the election, 1597
the action required by Section 23-15-905, shall be taken. The 1598
election commission shall render a decision on whether the name of 1599
the candidate shall appear on the ballot within five (5) days of 1600
the hearing. 1601
(c) (i) A candidate aggrieved by the decision of the 1602
appropriate election commission may file a petition for judicial 1603
review to the circuit court of the county in which the election 1604
commission whose decision is being reviewed sits. Such petition 1605
must be filed no later than ten (10) days after the decision of 1606
the election commission. Such candidate filing for judicial 1607
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review shall give a cost bond in the sum of Three Hundred Dollars 1608
($300.00) with two (2) or more sufficient sureties conditioned to 1609
pay all costs in case his or her petition be dismissed, and an 1610
additional bond may be required, by the court, if necessary, at 1611
any subsequent stage of the proceedings. 1612
(ii) The circuit court with whom such a petition 1613
for judicial review has been filed shall at the earliest possible 1614
date set the matter for hearing. Notice shall be given to the 1615
interested parties of the time set for hearing by the circuit 1616
clerk. The hearing before the circuit court shall be de novo. 1617
The matter shall be tried to the circuit judge, without a jury. 1618
After hearing the evidence, the circuit judge shall determine 1619
whether the candidate whose qualifications have been challenged is 1620
legally qualified to have his or her name placed upon the ballot 1621
in question. The circuit judge may, upon disqualification of any 1622
such candidate, order that such candidate shall bear the court 1623
costs of the proceedings. 1624
(iii) Within three (3) days after judgment is 1625
rendered by the circuit court, the contestant or contestee, or 1626
both, may file an appeal in the Supreme Court upon giving a cost 1627
bond in the sum of Three Hundred Dollars ($300.00), together with 1628
a bill of exceptions that states the point or points of law at 1629
issue with a sufficient synopsis of the facts to fully disclose 1630
the bearing and relevancy of such points of law. The bill of 1631
exceptions shall be signed by the trial judge, or in case of his 1632
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or her absence, refusal or disability, by two (2) disinterested 1633
attorneys, as is provided by law in other cases of bills of 1634
exception. The filing of such appeals shall automatically suspend 1635
the decision of the circuit court and the appropriate election 1636
officials are entitled to proceed based upon their decision unless 1637
the Supreme Court, in its discretion, stays further proceedings in 1638
the matter. The appeal shall be immediately docketed in the 1639
Supreme Court and referred to the court en banc upon briefs 1640
without oral argument unless the court shall call for oral 1641
argument, and shall be decided at the earliest possible date, as a 1642
preference case over all others. The Supreme Court shall have the 1643
authority to grant such relief as is appropriate under the 1644
circumstances. 1645
(iv) The procedure set forth above shall be the 1646
sole and only manner in which a candidate may appeal the 1647
appropriate election commission's decision to not place the 1648
candidate's name on the ballot under this section. These 1649
provisions do not interfere with the rights of other persons to 1650
challenge the decision of the appropriate election commission to 1651
place the name of the candidate on the ballot in accordance with 1652
Section 23-15-963. After any person assumes an elective office, 1653
his or her qualifications to hold that office may be contested as 1654
otherwise provided by law. 1655
(11) If after the deadline to qualify as a candidate for an 1656
office or after the time for holding any party primary for an 1657
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office, only one (1) person has duly qualified to be a candidate 1658
for the office in the general election, the name of that person 1659
shall be placed on the ballot; provided, however, that if not more 1660
than one (1) person duly qualified to be a candidate for each 1661
office on the general election ballot, the election for all 1662
offices on the ballot shall be dispensed with and the appropriate 1663
election commission shall declare each candidate elected without 1664
opposition if the candidate meets all the qualifications to hold 1665
the office as determined pursuant to a review by the election 1666
commission in accordance with the provisions of subsection (9) of 1667
this section and if the candidate has filed all required campaign 1668
finance disclosure reports as required by Section 23-15-807. 1669
(12) The documents required by this section may not be filed 1670
by using the Internet. 1671
SECTION 38. Section 23-15-363, Mississippi Code of 1972, is 1672
amended as follows: 1673
23-15-363. After the proper officer has knowledge of or has 1674
been notified of the nomination, as provided, of any candidate for 1675
office, the officer shall not omit his or her name from the 1676
ballot, unless upon the written request of the candidate 1677
nominated, made at least ten (10) days before the early voting 1678
period for the election begins, and in no case after * * * the 1679
ballot has been printed; and every ballot shall contain the names 1680
of all candidates nominated as specified, and not duly withdrawn. 1681
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SECTION 39. Section 23-15-367, Mississippi Code of 1972, is 1682
amended as follows: 1683
23-15-367. (1) Except as otherwise provided by Sections 1684
23-15-974 through 23-15-985 and subsection (2) of this section, 1685
the size, print and quality of paper of the official ballot is 1686
left to the discretion of the officer charged with printing the 1687
official ballot. 1688
(2) The titles for the various offices shall be listed in 1689
the following order: 1690
(a) Candidates, electors or delegates for the following 1691
national offices: 1692
(i) President; 1693
(ii) United States Senator or United States 1694
Representative; 1695
(b) Candidates for the following statewide office: 1696
Governor, Lieutenant Governor, Secretary of State, Attorney 1697
General, State Treasurer, Auditor of Public Accounts, Commissioner 1698
of Agriculture and Commerce, Commissioner of Insurance; 1699
(c) Candidates for the following state district 1700
offices: Mississippi Transportation Commissioner, Public Service 1701
Commissioner, District Attorney; 1702
(d) Candidates for the following legislative offices: 1703
Senate and House of Representatives; 1704
(e) Candidates for countywide office; 1705
(f) Candidates for county district office. 1706
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The order in which the titles for the various offices are 1707
listed within paragraphs (e) and (f) is left to the discretion of 1708
the county election commissioners. Nominees of the political 1709
parties, qualified to conduct primary elections as defined in 1710
Section 23-15-291, shall be listed first alphabetically by the 1711
candidate's last name, followed by any other candidates listed 1712
alphabetically by last name. 1713
(3) It is the duty of the Secretary of State, with the 1714
approval of the Governor, to furnish the designated election 1715
commissioner of each county a sample of the official ballot, not 1716
less than fifty-five (55) days before the early voting period 1717
begins for the election, the general form of which shall be 1718
followed as nearly as practicable. 1719
SECTION 40. Section 7-3-39, Mississippi Code of 1972, is 1720
amended as follows: 1721
7-3-39. The Secretary of State shall have published in full 1722
each constitutional amendment two (2) weeks * * * before the 1723
period for early voting for the election begins, if early voting 1724
is authorized for that election, at which the qualified electors 1725
shall vote on * * * the amendments, in each county in each 1726
newspaper having a general circulation in the county, as defined 1727
in Section 13-3-31; or * * * the Secretary of State shall have 1728
each amendment posted in three (3) public places in the county if 1729
all * * * the newspapers in the county refuse to publish same at 1730
the price provided in Section 7-3-41. 1731
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SECTION 41. Section 23-15-511, Mississippi Code of 1972, is 1732
amended as follows: 1733
23-15-511. The ballots shall, as far as practicable, be in 1734
the same order of arrangement as provided for paper ballots that 1735
are to be counted manually, except that the information may be 1736
printed in vertical or horizontal rows. Nothing in this chapter 1737
shall be construed as prohibiting the information being presented 1738
to the voters from being printed on both sides of a single ballot. 1739
In those years when a special election shall occur * * * during 1740
the same voting period as the general election, the names of 1741
candidates in any special election and the general election shall 1742
be placed on the same ballot by the election commissioners or 1743
officials in charge of the election, but the general election 1744
candidates shall be clearly distinguished from the special 1745
election candidates. At any time a special election is * * * 1746
during the same voting period as a party primary election, the 1747
names of the candidates in the special election may be placed on 1748
the same ballot by the officials in charge of the election, but 1749
shall be clearly distinguished as special election candidates or 1750
primary election candidates. 1751
Ballots shall be printed in plain clear type in black ink and 1752
upon clear white materials of such size and arrangement as to be 1753
compatible with the OMR equipment. Absentee ballots shall be 1754
prepared and printed in the same form and shall be on the same 1755
size and texture as the regular official ballots, except that they 1756
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shall be printed on tinted paper; or the ink used to print the 1757
ballots shall be of a color different from that of the ink used to 1758
print the regular official ballots. Arrows may be printed on the 1759
ballot to indicate the place to mark the ballot, which may be to 1760
the right or left of the names of candidates and propositions. 1761
The titles of offices may be arranged in vertical columns on the 1762
ballot and shall be printed above or at the side of the names of 1763
candidates so as to indicate clearly the candidates for each 1764
office and the number to be elected. In case there are more 1765
candidates for an office than can be printed in one (1) column, 1766
the ballot shall be clearly marked that the list of candidates is 1767
continued on the following column. The names of candidates for 1768
each office shall be printed in vertical columns, grouped by the 1769
offices that they seek. In partisan elections, the party 1770
designation of each candidate, which may be abbreviated, shall be 1771
printed following his or her name. 1772
One (1) sample ballot, which shall be a facsimile of the 1773
official ballot and instructions to the voters, shall be provided 1774
for each precinct and shall be posted in each polling place during 1775
early voting and on election day. 1776
A separate ballot security envelope or suitable equivalent in 1777
which the voter can place his or her ballot after voting, shall be 1778
provided to conceal the choices the voter has made. Absentee 1779
voters will receive a similar ballot security envelope provided by 1780
the county in which the absentee voter will insert their voted 1781
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ballot, which then can be inserted into a return envelope to be 1782
mailed back to the election official. Absentee ballots will not 1783
be required to be folded when a ballot security envelope is 1784
provided. 1785
SECTION 42. Section 23-15-515, Mississippi Code of 1972, is 1786
amended as follows: 1787
23-15-515. The circuit clerk shall be the custodian of OMR 1788
equipment acquired by the county, who shall be charged with the 1789
proper storage, maintenance and repair of the OMR equipment. The 1790
municipal clerk shall be the custodian of the OMR equipment 1791
acquired by the municipality, and shall be charged with the proper 1792
storage, maintenance and repair of the OMR equipment. The 1793
custodian or the officials in charge of the election shall repair 1794
or replace any OMR equipment which fails to function properly 1795
during the early voting period or on election day. 1796
SECTION 43. Section 23-15-545, Mississippi Code of 1972, is 1797
amended as follows: 1798
23-15-545. At each election, at least one (1) poll manager 1799
shall be charged with writing in the pollbook the word "VOTED," in 1800
the column having at its head the date of the early voting period 1801
or the date of the election, opposite the name of each elector 1802
upon return of a marked paper ballot by the elector with the 1803
initials of the initialing poll manager or alternate initialing 1804
poll manager affixed thereon. When a DRE unit is used in the 1805
polling place, the word "VOTED" shall be marked by at least one 1806
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(1) poll manager in the pollbook in the column having at its head 1807
the date of the election, opposite the name of the elector. 1808
SECTION 44. Section 23-15-573, Mississippi Code of 1972, is 1809
amended as follows: 1810
23-15-573. (1) If any person declares that he or she is a 1811
registered voter in the jurisdiction in which he or she offers to 1812
vote and that he or she is eligible to vote during the early 1813
voting period or in the election, but his or her name does not 1814
appear upon the pollbooks, or that he or she is not able to cast a 1815
regular early voting day or election day ballot under a provision 1816
of state or federal law but is otherwise qualified to vote, or 1817
that he or she has been illegally denied registration, or that he 1818
or she is unable to present an acceptable form of photo 1819
identification: 1820
(a) A poll manager shall notify the person that he or 1821
she may cast an affidavit ballot * * * during the election. 1822
(b) The person shall be permitted to cast an affidavit 1823
ballot at the polling place upon execution of a written affidavit 1824
before one (1) of the poll managers stating that the individual: 1825
(i) Believes he or she is a registered voter in 1826
the jurisdiction in which he or she desires to vote and is 1827
eligible to vote * * * during the election; or 1828
(ii) Is not able to cast a regular early voting 1829
day or election day ballot under a provision of state or federal 1830
law but is otherwise qualified to vote; or 1831
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(iii) Believes that he or she has been illegally 1832
denied registration; or 1833
(iv) Is unable to present an acceptable form of 1834
photo identification. 1835
(c) The poll manager shall allow the individual to mark 1836
a paper ballot properly endorsed by the initialing poll manager or 1837
alternate initialing poll manager in accordance with Section 1838
23-15-541, which shall be delivered by him or her to the proper 1839
election official who shall enclose it in an affidavit ballot 1840
envelope, with the written and signed affidavit of the voter 1841
affixed to the envelope, seal the envelope and mark plainly upon 1842
it the name of the person offering to vote. 1843
(2) The affidavit ballot envelope shall include: 1844
(a) The complete name of the voter; 1845
(b) A present and previous physical and mailing address 1846
of the voter; 1847
(c) Telephone numbers where the voter may be contacted; 1848
(d) A statement that the affiant believes he or she is 1849
registered to vote in the jurisdiction in which he or she offers 1850
to vote; 1851
(e) The signature of the affiant; and 1852
(f) The signature of the poll manager at the polling 1853
place at which the affiant offers to vote. 1854
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(3) (a) A separate receipt book shall be maintained for 1855
affidavit voters and the affidavit voters shall sign the receipt 1856
book upon completing the affidavit ballot. 1857
(b) If the affidavit voter is casting an affidavit 1858
ballot because the voter is unable to present an acceptable form 1859
of photo identification and the voter's name appears in the 1860
pollbook, then the poll manager shall write "NO ID" across from 1861
the voter's name and in the appropriate column in the pollbook. 1862
(c) In canvassing the returns of the election, the 1863
executive committee in primary elections, or the election 1864
commissioners in other elections, shall examine the records and 1865
allow the ballot to be counted, or not counted as it appears 1866
legal. 1867
(d) An affidavit ballot of a voter who was unable to 1868
present an acceptable form of photo identification shall not be 1869
rejected for this reason if the voter does either of the 1870
following: 1871
(i) Returns to the circuit clerk's office, or to 1872
the municipal clerk's office for municipal elections, within five 1873
(5) business days after the date * * * the person voted during the 1874
election and presents an acceptable form of photo identification; 1875
(ii) Returns to the circuit clerk's office within 1876
five (5) business days after the date of the election to obtain 1877
the Mississippi Voter Identification Card, or in municipal 1878
election, returns to the municipal clerk's office within five (5) 1879
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business days after the date * * * the person voted during the 1880
election to present his or her Mississippi Voter Identification 1881
Card or Temporary Mississippi Voter Identification Card; or 1882
(iii) Returns to the circuit clerk's office, or to 1883
the municipal clerk's office for municipal elections, within five 1884
(5) business days after the date * * * the person voted during the 1885
election to execute a separate Affidavit of Religious Objection. 1886
(4) When a person is offered the opportunity to vote by 1887
affidavit ballot, he or she shall be provided with written 1888
information that informs the person how to ascertain whether his 1889
or her affidavit ballot was counted and, if the vote was not 1890
counted, the reasons the vote was not counted. 1891
(5) The officials in charge of the election shall process 1892
all affidavit ballots by using the Statewide Elections Management 1893
System. The officials in charge of the election shall account for 1894
all affidavit ballots cast in each election, categorizing the 1895
affidavit ballots cast by reason and recording the total number of 1896
affidavit ballots counted and not counted in each such category in 1897
the Statewide Elections Management System. 1898
(6) The Secretary of State shall, by rule duly adopted, 1899
establish a uniform affidavit ballot envelope that shall be used 1900
in all elections in this state. The Secretary of State shall 1901
print and distribute a sufficient number of affidavit ballot 1902
envelopes to the registrar of each county for use in elections. 1903
The registrar shall distribute the affidavit ballot envelopes to 1904
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municipal and county executive committees for use in primary 1905
elections and to municipal and county election commissioners for 1906
use in all other elections. 1907
(7) County registrars and municipal registrars shall 1908
maintain a secure free access system that complies with the Help 1909
America Vote Act of 2002, by which persons who vote by affidavit 1910
ballot may determine if their ballots were counted, and if not, 1911
the reasons the ballot was not counted. 1912
(8) Any person who votes * * * during any election as a 1913
result of a federal or state court order or other order extending 1914
the time established by law for closing the polls on an election 1915
day, may only vote by affidavit ballot. Any affidavit ballot cast 1916
under this subsection shall be separated and kept apart from other 1917
affidavit ballots cast by voters not affected by the order. 1918
SECTION 45. Section 23-15-781, Mississippi Code of 1972, is 1919
amended as follows: 1920
23-15-781. The number of electors of President and Vice 1921
President of the United States to which this state may be 1922
entitled, shall be chosen by the qualified electors of the state 1923
at large, on the first Tuesday after the first Monday of November 1924
in the year in which an election of President and Vice President 1925
shall occur and during the early voting period. 1926
SECTION 46. Section 23-15-785, Mississippi Code of 1972, is 1927
amended as follows: 1928
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23-15-785. (1) When presidential electors are to be chosen, 1929
the Secretary of State of Mississippi shall certify to the circuit 1930
clerks of the several counties the names of all candidates for 1931
President and Vice President who are nominated by any national 1932
convention or other like assembly of any political party or by 1933
written petition signed by at least one thousand (1,000) qualified 1934
voters of this state. 1935
(2) The certificate of nomination by a political party 1936
convention must be signed by the presiding officer and secretary 1937
of the convention and by the * * * chair of the state executive 1938
committee of the political party making the nomination. Any 1939
nominating petition, to be valid, must contain the signatures as 1940
well as the addresses of the petitioners. The certificates and 1941
petitions must be filed with the State Board of Election 1942
Commissioners by filing them in the Office of the Secretary of 1943
State by 5:00 p.m. not less than seventy-five (75) days * * * 1944
before the day * * * early voting begins for the election. 1945
(3) Each certificate of nomination and nominating petition 1946
must be accompanied by a list of the names and addresses of 1947
persons, who shall be qualified voters of this state, equal in 1948
number to the number of presidential electors to be chosen. Each 1949
person so listed shall execute the following statement which shall 1950
be attached to the certificate or petition when it is filed with 1951
the State Board of Election Commissioners: "I do hereby consent 1952
and do hereby agree to serve as elector for President and Vice 1953
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President of the United States, if elected to that position, and 1954
do hereby agree that, if so elected, I shall cast my ballot as 1955
such for ______ for President and _______ for Vice President of 1956
the United States" (inserting in * * * the blank spaces the 1957
respective names of the persons named as nominees for * * * the 1958
respective offices in the certificate to which this statement is 1959
attached). 1960
(4) The State Board of Election Commissioners and any other 1961
official charged with the preparation of official ballots shall 1962
place on such official ballots the words "PRESIDENTIAL ELECTORS 1963
FOR (here insert the name of the candidate for President, the word 1964
'AND' and the name of the candidate for Vice President)" in lieu 1965
of placing the names of such presidential electors on the official 1966
ballots, and a vote cast therefor shall be counted and shall be in 1967
all respects effective as a vote for each of the presidential 1968
electors representing those candidates for President and Vice 1969
President of the United States. In the case of unpledged 1970
electors, the State Board of Election Commissioners and any other 1971
official charged with the preparation of official ballots shall 1972
place on such official ballots the words "UNPLEDGED ELECTOR(S) 1973
(here insert the name(s) of individual unpledged elector(s) if 1974
placed upon the ballot based upon a petition granted in the manner 1975
provided by law stating the individual name(s) of the elector(s) 1976
rather than a slate of electors)." 1977
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SECTION 47. Section 23-15-807, Mississippi Code of 1972, is 1978
amended as follows: 1979
23-15-807. (a) Each candidate or political committee shall 1980
file reports of contributions and disbursements in accordance with 1981
the provisions of this section. All candidates or political 1982
committees required to report such contributions and disbursements 1983
may terminate the obligation to report only upon submitting a 1984
final report that contributions will no longer be received or 1985
disbursements made and that the candidate or committee has no 1986
outstanding debts or obligations. The candidate, treasurer or 1987
chief executive officer shall sign the report. 1988
(b) Candidates seeking election, or nomination for election, 1989
and political committees making expenditures to influence or 1990
attempt to influence voters for or against the nomination for 1991
election of one or more candidates or balloted measures * * * 1992
during such election, shall file the following reports: 1993
(i) In any calendar year during which there is a 1994
regularly scheduled election, a pre-election report shall be filed 1995
no later than the seventh day before early voting begins for any 1996
election in which the candidate or political committee has 1997
accepted contributions or made expenditures and shall be completed 1998
as of the tenth day before early voting begins for the election; 1999
(ii) In 1987 and every fourth year thereafter, periodic 2000
reports shall be filed no later than the tenth day after April 30, 2001
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May 31, June 30, September 30 and December 31, and shall be 2002
completed as of the last day of each period; 2003
(iii) In any calendar years except 1987 and except 2004
every fourth year thereafter, a report covering the calendar year 2005
shall be filed no later than January 31 of the following calendar 2006
year; and 2007
(iv) Except as otherwise provided in the requirements 2008
of paragraph (i) of this subsection (b), unopposed candidates are 2009
not required to file pre-election reports but must file all other 2010
reports required by paragraphs (ii) and (iii) of this subsection 2011
(b). 2012
(c) All candidates for judicial office as defined in Section 2013
23-15-975, or their political committees, shall file periodic 2014
reports in the year in which they are to be elected no later than 2015
the tenth day after April 30, May 31, June 30, September 30 and 2016
December 31. Candidates for judicial office shall not be required 2017
to file an annual report during an election year, but shall file 2018
an annual report in all other years. 2019
(d) Each report under this article shall disclose: 2020
(i) For the reporting period and the calendar year, the 2021
total amount of all contributions and the total amount of all 2022
expenditures of the candidate or reporting committee, including 2023
those required to be identified pursuant to paragraph (ii) of this 2024
subsection (d) as well as the total of all other contributions and 2025
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expenditures during the calendar year. The reports shall be 2026
cumulative during the calendar year to which they relate; 2027
(ii) The identification of: 2028
1. Each person or political committee who makes a 2029
contribution to the reporting candidate or political committee 2030
during the reporting period, whose contribution or contributions 2031
within the calendar year have an aggregate amount or value in 2032
excess of Two Hundred Dollars ($200.00) together with the date and 2033
amount of any such contribution; 2034
2. Each person or organization, candidate or 2035
political committee who receives an expenditure, payment or other 2036
transfer from the reporting candidate, political committee or its 2037
agent, employee, designee, contractor, consultant or other person 2038
or persons acting in its behalf during the reporting period when 2039
the expenditure, payment or other transfer to the person, 2040
organization, candidate or political committee within the calendar 2041
year have an aggregate value or amount in excess of Two Hundred 2042
Dollars ($200.00) together with the date and amount of the 2043
expenditure; 2044
(iii) The total amount of cash on hand of each 2045
reporting candidate and reporting political committee; 2046
(iv) In addition to the contents of reports specified 2047
in paragraphs (i), (ii) and (iii) of this subsection (d), each 2048
political party shall disclose: 2049
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1. Each person or political committee who makes a 2050
contribution to a political party during the reporting period and 2051
whose contribution or contributions to a political party within 2052
the calendar year have an aggregate amount or value in excess of 2053
Two Hundred Dollars ($200.00), together with the date and amount 2054
of the contribution; 2055
2. Each person or organization who receives an 2056
expenditure or expenditures by a political party during the 2057
reporting period when the expenditure or expenditures to the 2058
person or organization within the calendar year have an aggregate 2059
value or amount in excess of Two Hundred Dollars ($200.00), 2060
together with the date and amount of the expenditure; 2061
(v) Disclosure required under this section of an 2062
expenditure to a credit card issuer, financial institution or 2063
business allowing payments and money transfers to be made over the 2064
Internet must include, by way of detail or separate entry, the 2065
amount of funds passing to each person, business entity or 2066
organization receiving funds from the expenditure. 2067
(e) The appropriate office specified in Section 23-15-805 2068
must be in actual receipt of the reports specified in this article 2069
by 5:00 p.m. on the dates specified in subsection (b) of this 2070
section. If the date specified in subsection (b) of this section 2071
shall fall on a weekend or legal holiday then the report shall be 2072
due in the appropriate office at 5:00 p.m. on the first working 2073
day before the date specified in subsection (b) of this section. 2074
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The reporting candidate or reporting political committee shall 2075
ensure that the reports are delivered to the appropriate office by 2076
the filing deadline. The Secretary of State may approve specific 2077
means of electronic transmission of completed campaign finance 2078
disclosure reports, which may include, but not be limited to, 2079
transmission by electronic facsimile (FAX) devices. 2080
(f) (i) If any contribution of more than Two Hundred 2081
Dollars ($200.00) is received by a candidate or candidate's 2082
political committee after the tenth day, but more than forty-eight 2083
(48) hours before 12:01 a.m. * * * on the day * * * that early 2084
voting begins for the election, the candidate or political 2085
committee shall notify the appropriate office designated in 2086
Section 23-15-805, within forty-eight (48) hours of receipt of the 2087
contribution. The notification shall include: 2088
1. The name of the receiving candidate; 2089
2. The name of the receiving candidate's political 2090
committee, if any; 2091
3. The office sought by the candidate; 2092
4. The identification of the contributor; 2093
5. The date of receipt; 2094
6. The amount of the contribution; 2095
7. If the contribution is in-kind, a description 2096
of the in-kind contribution; and 2097
8. The signature of the candidate or the treasurer 2098
or chair of the candidate's political organization. 2099
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(ii) The notification shall be in writing, and may be 2100
transmitted by overnight mail, courier service, or other reliable 2101
means, including electronic facsimile (FAX), but the candidate or 2102
candidate's committee shall ensure that the notification shall in 2103
fact be received in the appropriate office designated in Section 2104
23-15-805 within forty-eight (48) hours of the contribution. 2105
SECTION 48. Section 23-15-833, Mississippi Code of 1972, is 2106
amended as follows: 2107
23-15-833. Except as otherwise provided by law, the first 2108
Tuesday after the first Monday in November of each year shall be 2109
designated the regular special election day, and on that day and 2110
during the period established for early voting an election shall 2111
be held to fill any vacancy in county, county district, and 2112
district attorney elective offices, and any vacancy in the office 2113
of circuit judge or chancellor. 2114
All special elections, or elections to fill vacancies, shall 2115
in all respects be held, conducted and returned in the same manner 2116
as general elections, except that where no candidate receives a 2117
majority of the votes cast in the election, a runoff election 2118
shall be held four (4) weeks after the election. The two (2) 2119
candidates who receive the highest popular votes for the office 2120
shall have their names submitted as the candidates to the runoff 2121
and the candidate who leads in the runoff election shall be 2122
elected to the office. When there is a tie in the first election 2123
of those receiving the next highest vote, these two (2) and the 2124
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one receiving the highest vote, none having received a majority, 2125
shall go into the runoff election and whoever leads in the runoff 2126
election shall be entitled to the office. 2127
In those years when the regular special election day shall 2128
occur * * * during the same * * * period of time as the general 2129
election, the names of candidates in any special election and the 2130
general election shall be placed on the same ballot, but shall be 2131
clearly distinguished as general election candidates or special 2132
election candidates. At any time a special election is held * * * 2133
during the same * * * period of time as a party primary election, 2134
the names of the candidates in the special election may be placed 2135
on the same ballot, but shall be clearly distinguished as special 2136
election candidates or primary election candidates. 2137
SECTION 49. Section 23-15-843, Mississippi Code of 1972, is 2138
amended as follows: 2139
23-15-843. In case of death, resignation or vacancy from any 2140
cause in the office of district attorney, the unexpired term of 2141
which shall exceed six (6) months, the Governor shall within ten 2142
(10) days after the vacancy occurs issue a proclamation calling an 2143
election to fill a vacancy in the office of district attorney to 2144
be held * * * during the next regular special election * * * 2145
period of time in the district where the vacancy occurred unless 2146
the vacancy occurs in a year in which a general election would 2147
normally be held for that office as provided by law, in which case 2148
the appointed person shall serve the unexpired portion of the 2149
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term. Candidates in such a special election shall qualify in the 2150
same manner and be subject to the same time limitations as set 2151
forth in Section 23-15-839. Pending the holding of a special 2152
election, the Governor shall make an emergency appointment to fill 2153
the vacancy until the same shall be filled by election. 2154
SECTION 50. Section 23-15-851, Mississippi Code of 1972, is 2155
amended as follows: 2156
23-15-851. (1) Except as otherwise provided in subsection 2157
(2) of this section, within thirty (30) days after vacancies occur 2158
in either house of the Legislature, the Governor shall issue writs 2159
of election to fill the vacancies on a day specified in the writ 2160
of election. At least eighty-five (85) days' notice shall be 2161
given of the election in each county or part of a county in which 2162
the election shall be held. The qualifying deadline for the 2163
election shall be seventy-five (75) days before the early voting 2164
period begins for the election. Notice of the election shall be 2165
posted at the courthouse and in each supervisor's district in the 2166
county or part of the county in which such election shall be held 2167
for as near to seventy-five (75) days as may be practicable. The 2168
election shall be prepared for and held as in the case of a 2169
general election. 2170
(2) If a vacancy occurs in a calendar year in which the 2171
general election for state officers is held, the Governor may 2172
elect not to issue a writ of election to fill the vacancy. 2173
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SECTION 51. Section 23-15-853, Mississippi Code of 1972, is 2174
amended as follows: 2175
23-15-853. (1) If a vacancy occurs in the representation in 2176
Congress, the vacancy shall be filled for the unexpired term by a 2177
special election, to be ordered by the Governor, within one 2178
hundred five (105) days after the vacancy occurs, and held at a 2179
time fixed by his or her order, and which time shall * * * begin 2180
not less than one hundred five (105) days after the issuance of 2181
the order of the Governor, which shall be directed to the election 2182
commissioners of the several counties of the district, who shall, 2183
immediately on the receipt of the order, give notice of the 2184
election by publishing the same in a newspaper having a general 2185
circulation in the county and by posting the notice at the front 2186
door of the courthouse. The order shall also be directed to the 2187
State Board of Election Commissioners. The election shall be 2188
prepared for and conducted, and returns shall be made, in all 2189
respects as provided for a special election to fill vacancies. 2190
(2) Candidates for the office in such an election must 2191
qualify with the Secretary of State by 5:00 p.m. not less than 2192
seventy-five (75) days before the * * * early voting period begins 2193
for the election. If the seventy-fifth day to qualify before an 2194
election falls on a Saturday, Sunday or legal holiday, the 2195
qualification submitted on the business day immediately following 2196
the Saturday, Sunday or legal holiday shall be accepted. The 2197
election commissioners shall have printed on the ballot in such 2198
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special election the name of any candidate who shall have been 2199
requested to be a candidate for the office by a petition filed 2200
with the Secretary of State and personally signed by not less than 2201
one thousand (1,000) qualified electors of the district. The 2202
petition shall be filed by 5:00 p.m. not less than seventy-five 2203
(75) days before the * * * early voting period begins for the 2204
election. If the seventy-fifth day to file the petition before an 2205
election falls on a Saturday, Sunday or legal holiday, the 2206
petition filed on the business day immediately following the 2207
Sunday or legal holiday shall be accepted. 2208
There shall be attached to each petition above provided for, 2209
upon the time of filing with the Secretary of State, a certificate 2210
from the appropriate registrar or registrars showing the number of 2211
qualified electors appearing upon each petition which the 2212
registrar shall furnish to the petitioner upon request. 2213
SECTION 52. Section 23-15-855, Mississippi Code of 1972, is 2214
amended as follows: 2215
23-15-855. (1) If a vacancy shall occur in the office of 2216
United States Senator from Mississippi by death, resignation or 2217
otherwise, the Governor shall, within ten (10) days after 2218
receiving official notice of the vacancy, issue a proclamation for 2219
an election to be held in the state to elect a Senator to fill the 2220
remaining unexpired term, provided the unexpired term is more than 2221
twelve (12) months and the election shall * * * begin within one 2222
hundred five (105) days from the time the proclamation is issued 2223
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and the returns of such election shall be certified to the 2224
Governor in the manner set out above for regular elections, unless 2225
the vacancy occurs in a year in which a general, state or 2226
congressional election is held, in which event the Governor's 2227
proclamation shall designate the period for conducting the general 2228
election * * * as the time for electing a Senator, and the vacancy 2229
shall be filled by appointment as hereinafter provided. 2230
(2) In case of a vacancy in the office of United States 2231
Senator, the Governor may appoint a Senator to fill the vacancy 2232
temporarily, and if the United States Senate is in session at the 2233
time the vacancy occurs, the Governor shall appoint a Senator 2234
within ten (10) days after receiving official notice thereof, and 2235
the appointed Senator shall serve until a successor is elected and 2236
commissioned as provided for in subsection (1) of this section, 2237
provided that such unexpired term as he or she may be appointed to 2238
fill shall be for a longer time than one (1) year, but if for a 2239
shorter time than one (1) year, he or she shall serve for the full 2240
time of the unexpired term and no special election shall be called 2241
by the Governor but a successor shall be elected at the regular 2242
election. 2243
SECTION 53. Section 23-15-857, Mississippi Code of 1972, is 2244
amended as follows: 2245
23-15-857. (1) When there is a vacancy in an elective 2246
office in a city, town or village, the unexpired term of which 2247
shall not exceed six (6) months, the same shall be filled by 2248
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appointment by the governing authority or remainder of the 2249
governing authority of the city, town or village. The municipal 2250
clerk shall certify the appointment to the Secretary of State and 2251
the appointed person or persons shall be commissioned by the 2252
Governor. 2253
(2) When there is a vacancy in an elective office in a city, 2254
town or village, the unexpired term of which shall exceed six (6) 2255
months, the governing authority or remainder of the governing 2256
authority of the city, town or village shall make and enter on the 2257
minutes an order for an election to be held in the city, town or 2258
village to fill the vacancy and fix a * * * time period upon which 2259
the early voting and election day shall be held. The order shall 2260
be made and entered upon the minutes at the next regular meeting 2261
of the governing authority after the vacancy occurs, or at a 2262
special meeting to be held not later than ten (10) days after the 2263
vacancy occurs, Saturdays, Sundays and legal holidays excluded, 2264
whichever shall occur first. The election shall be held on a date 2265
not less than thirty (30) days nor more than forty-five (45) days 2266
after the date upon which the order is adopted. 2267
Notice of the election shall be given by the municipal clerk 2268
by notice published in a newspaper published in the municipality. 2269
The notice shall be published once each week for three (3) 2270
successive weeks * * * before the date * * * early voting begins 2271
for the election. The first notice shall be published at least 2272
thirty (30) days before * * * early voting begins for the 2273
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election. Notice shall also be given by posting a copy of the 2274
notice at three (3) public places in the municipality not less 2275
than twenty-one (21) days before * * * early voting begins for the 2276
election. One (1) of the notices shall be posted at the city, 2277
town or village hall. In the event that there is no newspaper 2278
published in the municipality, such notice shall be published as 2279
provided for above in a newspaper that has a general circulation 2280
within the municipality and by posting as provided for above. 2281
Additionally, the governing authority may publish the notice in 2282
that newspaper for as many additional times as may be deemed 2283
necessary by the governing authority. 2284
Each candidate shall qualify by petition filed with the 2285
municipal clerk by 5:00 p.m. at least twenty (20) days before 2286
the * * * early voting period begins for the election. If the 2287
twentieth day to file the petition before the election falls on a 2288
Sunday or legal holiday, the petition filed on the business day 2289
immediately following the Sunday or legal holiday shall be 2290
accepted. The petition shall be signed by not less than the 2291
following number of qualified electors: 2292
(a) For an office of a city, town, village or municipal 2293
district having a population of one thousand (1,000) or more, not 2294
less than fifty (50) qualified electors. 2295
(b) For an office of a city, town, village or municipal 2296
district having a population of less than one thousand (1,000), 2297
not less than fifteen (15) qualified electors. 2298
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No qualifying fee shall be required of any candidate, and the 2299
election shall be held as far as practicable in the same manner as 2300
municipal general elections. 2301
The candidate receiving a majority of the votes cast in the 2302
election shall be elected. If no candidate receives a majority 2303
vote at the election, the two (2) candidates receiving the highest 2304
number of votes shall have their names placed on the ballot for 2305
the election to be held three (3) weeks thereafter. The candidate 2306
receiving a majority of the votes cast in the election shall be 2307
elected. However, if no candidate receives a majority and there 2308
is a tie in the election of those receiving the next highest vote, 2309
those receiving the next highest vote and the candidate receiving 2310
the highest vote shall have their names placed on the ballot for 2311
the election to be held three (3) weeks thereafter, and whoever 2312
receives the most votes cast in the election shall be elected. 2313
Should the election held three (3) weeks thereafter result in 2314
a tie vote, the prevailing candidate shall be decided by a toss of 2315
a coin or by lot fairly and publicly drawn under the supervision 2316
of the election commission. 2317
The clerk of the election commission shall then give a 2318
certificate of election to the person elected, and return to the 2319
Secretary of State a copy of the order of holding the election and 2320
runoff election results, certified by the clerk of the governing 2321
authority. The person elected shall be commissioned by the 2322
Governor. 2323
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However, if nineteen (19) days before the * * * early voting 2324
period begins for the election only one (1) person shall have 2325
qualified as a candidate, the governing authority, or remainder of 2326
the governing authority, shall dispense with the election and 2327
appoint that one (1) candidate in lieu of an election. In the 2328
event no person shall have qualified by 5:00 p.m. at least twenty 2329
(20) days before * * * the early voting period begins for the 2330
election, the governing authority or remainder of the governing 2331
authority shall dispense with the election and fill the vacancy by 2332
appointment. The clerk of the governing authority shall certify 2333
the appointment to the Secretary of State, and the appointed 2334
person shall be commissioned by the Governor. 2335
SECTION 54. Section 23-15-859, Mississippi Code of 1972, is 2336
amended as follows: 2337
23-15-859. Whenever under any statute a special election is 2338
required or authorized to be held in any municipality, and the 2339
statute authorizing or requiring the election does not specify the 2340
time within which the election shall be called, or the notice 2341
which shall be given, the governing authorities of the 2342
municipality shall, by resolution, fix a date upon which the 2343
election shall be held. The date shall not be less than 2344
twenty-one (21) nor more than thirty (30) days after the date upon 2345
which such resolution is adopted, and not less than three (3) 2346
weeks' notice of the election shall be given by the clerk by a 2347
notice published in a newspaper published in the municipality once 2348
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each week for three (3) weeks next * * * before the * * * early 2349
voting period begins for the election, and by posting a copy of 2350
the notice at three (3) public places in the municipality. 2351
Nothing herein, however, shall be applicable to elections on the 2352
question of the issuance of the bonds of a municipality or to 2353
general or primary elections for the election of municipal 2354
officers. 2355
The provisions of this section shall be applicable to all 2356
municipalities of this state, whether operating under a code 2357
charter, special charter or the commission form of government, 2358
except in cases of conflicts between the provisions of the section 2359
and the provisions of the special charter of a municipality, or 2360
the law governing the commission form of government, in which 2361
cases of conflict the provisions of the special charter or the 2362
statutes relative to the commission form of government shall 2363
apply. 2364
SECTION 55. Section 23-15-895, Mississippi Code of 1972, is 2365
amended as follows: 2366
23-15-895. No candidate for an elective office, or any 2367
representative of such candidate, and no proponent or opponent of 2368
any constitutional amendment, local issue or other measure printed 2369
on the ballot may post or distribute cards, posters or other 2370
campaign literature within one hundred fifty (150) feet of any 2371
entrance of the building wherein early voting or any election is 2372
being held. No candidate or a representative named by him or her 2373
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in writing may appear at any polling place while armed or 2374
uniformed, or display any badge or credentials except as may be 2375
issued by the manager of the polling place. As used in this 2376
section, the term "local issue" shall have the meaning ascribed to 2377
such term in Section 23-15-375. This section shall be enforced by 2378
election officials and law enforcement officials. 2379
SECTION 56. Section 23-15-913, Mississippi Code of 1972, is 2380
amended as follows: 2381
23-15-913. (1) The judges listed and selected to hear 2382
election disputes, as provided in Section 23-15-951, shall be 2383
available during early voting and on election day to immediately 2384
hear and resolve any election * * * disputes. The name of any 2385
judge selected to hear election day disputes shall be provided to 2386
the Secretary of State by the Chief Justice of the Mississippi 2387
Supreme Court at the time the appointment is made, unless the 2388
Secretary of State is a party to the election day dispute to which 2389
that special circuit judge is appointed. 2390
(2) The rules for filing pleadings shall be relaxed to carry 2391
out the purposes of this section. The judges selected shall 2392
perform no other judicial duties on election day. If an election 2393
day dispute occurs, the circuit clerk shall only docket the 2394
dispute to the judge designated by the Supreme Court to hear the 2395
case in that county. All election day disputes arising in one 2396
county shall go to the same judge in that county unless the judge 2397
is absent or unavailable. When such election day dispute is 2398
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filed, the circuit clerk shall immediately notify by phone, email 2399
or personally, the Chief Justice of the Supreme Court, or in his 2400
or her absence or disability, some other Justice of the Supreme 2401
Court, who shall forthwith notify the assigned special judge from 2402
the list of judges who were preselected to hear election day 2403
disputes, to proceed to the county in which the dispute has been 2404
filed to hear and determine the complaint. The circuit clerk 2405
shall cause a copy of such petition to be served upon the 2406
contestee, which shall serve as notice to such contestee. In the 2407
list provided, the Supreme Court shall specify which judges shall 2408
be available to hear disputes in each county in which the disputes 2409
occur, but no judge shall hear disputes in the district or county 2410
in which he or she was elected nor shall any judge hear any 2411
dispute in which any potential conflict may arise. Each judge 2412
shall be fair and impartial and shall be assigned on that basis. 2413
(3) The listed and selected judges provided by the Chief 2414
Justice of the Mississippi Supreme Court shall have sole 2415
jurisdiction to hear election day disputes. Election disputes can 2416
only be filed in a circuit court with proper jurisdiction and 2417
heard by one (1) of the judges selected by the Chief Justice of 2418
the Mississippi Supreme Court. 2419
SECTION 57. Section 23-15-963, Mississippi Code of 1972, is 2420
amended as follows: 2421
23-15-963. (1) Any person desiring to contest the 2422
qualifications of another person who has qualified pursuant to the 2423
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provisions of Section 23-15-359 * * * as a candidate for any 2424
office elected at a general election, shall file a petition 2425
specifically setting forth the grounds of the challenge not later 2426
than thirty-one (31) days after the date of the first primary 2427
election set forth in Section 23-15-191 * * *. * * * The petition 2428
shall be filed with the same body with whom the candidate in 2429
question qualified pursuant to Section 23-15-359 * * *. 2430
(2) Any person desiring to contest the qualifications of 2431
another person who has qualified pursuant to the provisions of 2432
Section 23-15-213 * * * as a candidate for county election 2433
commissioner elected at a general election, shall file a petition 2434
specifically setting forth the grounds of the challenge no later 2435
than sixty (60) days * * * before the period for early voting 2436
begins for the general election. * * * The petition shall be 2437
filed with the county board of supervisors, being the same body 2438
with whom the candidate in question qualified pursuant to Section 2439
23-15-213 * * *. 2440
(3) Any person desiring to contest the qualifications of 2441
another person who has qualified pursuant to the provisions of 2442
Section 23-15-361 * * * as a candidate for municipal office 2443
elected on the date designated by law for regular municipal 2444
elections, shall file a petition specifically setting forth the 2445
grounds of the challenge no later than thirty-one (31) days after 2446
the date of the first primary election set forth in Section 2447
23-15-309 * * *. * * * The petition shall be filed with the 2448
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municipal election commissioners * * , being the same body with 2449
whom the candidate in question qualified pursuant to Section 2450
23-15-361 * * *. 2451
(4) Within ten (10) days of receipt of the petition 2452
described in subsections (1), (2) and (3) of this section, the 2453
appropriate election officials shall meet and rule upon the 2454
petition. At least two (2) days before the hearing to consider 2455
the petition, the appropriate election officials shall give notice 2456
to both the petitioner and the contested candidate of the time and 2457
place of the hearing on the petition. Each party shall be given 2458
an opportunity to be heard at such meeting and present evidence in 2459
support of his position. 2460
(5) If the appropriate election officials fail to rule upon 2461
the petition within the time required above, such inaction shall 2462
be interpreted as a denial of the request for relief contained in 2463
the petition. 2464
(6) Any party aggrieved by the action or inaction of the 2465
appropriate election officials may file a petition for judicial 2466
review to the circuit court of the county in which the election 2467
officials whose decision is being reviewed sits. * * * The 2468
petition must be filed no later than fifteen (15) days after the 2469
date the petition was originally filed with the appropriate 2470
election officials. * * * The person filing for judicial review 2471
shall give a cost bond in the sum of Three Hundred Dollars 2472
($300.00) with two (2) or more sufficient sureties conditioned to 2473
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pay all costs in case his petition be dismissed, and an additional 2474
bond may be required, by the court, if necessary, at any 2475
subsequent stage of the proceedings. 2476
(7) The circuit court with whom such a petition for judicial 2477
review has been filed shall at the earliest possible date set the 2478
matter for hearing. Notice shall be given the interested parties 2479
of the time set for hearing by the circuit clerk. The hearing 2480
before the circuit court shall be de novo. The matter shall be 2481
tried to the circuit judge, without a jury. After hearing the 2482
evidence, the circuit judge shall determine whether the candidate 2483
whose qualifications have been challenged is legally qualified to 2484
have his name placed upon the ballot in question. The circuit 2485
judge may, upon disqualification of any such candidate, order that 2486
* * * the candidate * * * bear the court costs of the 2487
proceedings. 2488
(8) Within three (3) days after judgment is rendered by the 2489
circuit court, the contestant or contestee, or both, may file an 2490
appeal in the Supreme Court upon giving a cost bond in the sum of 2491
Three Hundred Dollars ($300.00), together with a bill of 2492
exceptions * * * that shall state the point or points of law at 2493
issue with a sufficient synopsis of the facts to fully disclose 2494
the bearing and relevancy of such points of law. The bill of 2495
exceptions shall be signed by the trial judge, or in case of his 2496
absence, refusal or disability, by two (2) disinterested 2497
attorneys, as is provided by law in other cases of bills of 2498
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exception. The filing of * * * the appeals shall automatically 2499
suspend the decision of the circuit court and the appropriate 2500
election officials are entitled to proceed based upon their 2501
decision unless and until the Supreme Court, in its discretion, 2502
stays further proceedings in the matter. The appeal shall be 2503
immediately docketed in the Supreme Court and referred to the 2504
court en banc upon briefs without oral argument unless the court 2505
shall call for oral argument, and shall be decided at the earliest 2506
possible date, as a preference case over all others. The Supreme 2507
Court shall have the authority to grant such relief as is 2508
appropriate under the circumstances. 2509
(9) The procedure set forth above shall be the * * * only 2510
manner in which the qualifications of a candidate seeking public 2511
office who qualified pursuant to the provisions of Sections 2512
23-15-359, 23-15-213 and 23-15-361 * * * may be challenged * * * 2513
before the time of his election. After any such person has been 2514
elected to public office, the election may be challenged as 2515
otherwise provided by law. After any person assumes an elective 2516
office, his qualifications to hold that office may be contested as 2517
otherwise provided by law. 2518
SECTION 58. Section 23-15-977, Mississippi Code of 1972, is 2519
amended as follows: 2520
23-15-977. (1) Except as otherwise provided in this 2521
section, all candidates for judicial office as defined in Section 2522
23-15-975 of this subarticle shall file their intent to be a 2523
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candidate with the proper officials and pay the proper assessment 2524
by not later than 5:00 p.m. on February 1 of the year in which the 2525
general election for the judicial office is held. If February 1 2526
occurs on a Saturday, Sunday or legal holiday, candidates shall 2527
file their intent to be a candidate and pay the proper assessment 2528
by 5:00 p.m. on the business day immediately following the 2529
Saturday, Sunday or legal holiday. Candidates shall pay to the 2530
proper officials the following amounts: 2531
(a) Candidates for Supreme Court justice and Court of 2532
Appeals judge, the sum of Two Hundred Dollars ($200.00). 2533
(b) Candidates for circuit judge and chancellor, the 2534
sum of One Hundred Dollars ($100.00). 2535
(c) Candidates for county judge and family court judge, 2536
the sum of One Hundred Dollars ($100.00). 2537
(d) Candidates for justice court judge, the sum of One 2538
Hundred Dollars ($100.00). 2539
Candidates for judicial office may not file their intent to 2540
be a candidate and pay the proper assessment before January 1 of 2541
the year in which the election for the judicial office is held. 2542
(2) Candidates for judicial offices listed in paragraphs (a) 2543
and (b) of subsection (1) of this section shall file their intent 2544
to be a candidate with, and pay the proper assessment made 2545
pursuant to subsection (1) of this section to, the State Board of 2546
Election Commissioners. 2547
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(3) Candidates for judicial offices listed in paragraphs (c) 2548
and (d) of subsection (1) of this section shall file their intent 2549
to be a candidate with, and pay the proper assessment made 2550
pursuant to subsection (1) of this section to, the circuit clerk 2551
of the proper county. The circuit clerk shall notify the county 2552
election commissioners of all persons who have filed their intent 2553
to be a candidate with, and paid the proper assessment to, such 2554
clerk. The notification shall occur within two (2) business days 2555
and shall contain all necessary information. 2556
(4) If only one (1) person files his or her intent to be a 2557
candidate for a judicial office and that person later dies, 2558
resigns or is otherwise disqualified from holding the judicial 2559
office after the deadline provided for in subsection (1) of this 2560
section but more than seventy (70) days before the date * * * that 2561
early voting begins for the general election, the Governor, upon 2562
notification of the death, resignation or disqualification of the 2563
person, shall issue a proclamation authorizing candidates to file 2564
their intent to be a candidate for that judicial office for a 2565
period of not less than seven (7) nor more than ten (10) days from 2566
the date of the proclamation. 2567
(5) If only one (1) person qualifies as a candidate for a 2568
judicial office and that person later dies, resigns or is 2569
otherwise disqualified from holding the judicial office within 2570
seventy (70) days before the date * * * that early voting begins 2571
for the general election, the judicial office shall be considered 2572
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vacant for the new term and the vacancy shall be filled as 2573
provided in by law. 2574
SECTION 59. Section 23-15-1031, Mississippi Code of 1972, is 2575
amended as follows: 2576
23-15-1031. Except as provided by Section 23-15-1081, the 2577
first primary election for Representatives in the Congress of the 2578
United States shall be held on the second Tuesday in March of the 2579
years in which Representatives in the Congress of the United 2580
States are elected, and a second primary, if necessary, shall be 2581
held four (4) weeks thereafter. Each year in which a presidential 2582
election is held, the congressional primary shall be held as 2583
provided in Section 23-15-1081. The election shall be held in all 2584
districts of the state during the same period for early voting and 2585
on the same day. Candidates for United States Senator shall be 2586
nominated at the congressional primary next preceding the general 2587
election at which a senator is to be elected and in the same 2588
manner that Representatives in the Congress of the United States 2589
are nominated. The chair and secretary of the state executive 2590
committee shall certify the vote for United States Senator to the 2591
Secretary of State in the same manner that county executive 2592
committees certify the returns of counties in general state and 2593
county primary elections. 2594
SECTION 60. Section 23-15-1081, Mississippi Code of 1972, is 2595
amended as follows: 2596
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23-15-1081. A presidential preference primary may be held on 2597
the second Tuesday in March of each year in which a President of 2598
the United States is to be elected and during the early voting 2599
period established in this act. Each political party * * * that 2600
has cast for its candidates for President and Vice President in 2601
the previous presidential election more than twenty percent (20%) 2602
of the total vote cast for President and Vice President in the 2603
state, may conduct a presidential preference primary. No elector 2604
shall vote in the primary of more than one (1) political party in 2605
the same presidential preference primary. 2606
SECTION 61. Section 23-15-1083, Mississippi Code of 1972, is 2607
amended as follows: 2608
23-15-1083. Beginning in 1988, as an alternative to the 2609
congressional primary election date set forth in Section 2610
23-15-1031, when a political party elects to conduct a 2611
presidential preference primary, the first primary election 2612
for * * * members of Congress, and senators, if senators are to be 2613
elected, shall be held on the second Tuesday in March and during 2614
the early voting period established in this act, and the second 2615
primary, when one is necessary, shall be held four (4) weeks 2616
thereafter, and the election shall be held in all districts of the 2617
state on the same day. 2618
SECTION 62. Section 23-15-1085, Mississippi Code of 1972, is 2619
amended as follows: 2620
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23-15-1085. The * * * chair of a party's state executive 2621
committee shall notify the Secretary of State if the party intends 2622
to hold a presidential preference primary. The Secretary of State 2623
shall be notified * * * before December 1 of the year preceding 2624
the year in which a presidential preference primary may be held 2625
pursuant to Section 23-15-1081. Upon * * * the notification, the 2626
Secretary of State shall issue a proclamation setting every 2627
party's congressional and senatorial primary elections, including 2628
the period for early voting, that are to be held in the year in 2629
which the presidential preference primary is to be held on the 2630
date provided for in Section 23-15-1083. Once the Secretary of 2631
State has issued a proclamation pursuant to this section, the date 2632
of the congressional and senatorial primary elections shall not be 2633
changed. 2634
SECTION 63. Section 23-15-1091, Mississippi Code of 1972, is 2635
amended as follows: 2636
23-15-1091. When the Secretary of State places the name of a 2637
candidate on the ballot pursuant to Section 23-15-1093, he or she 2638
shall notify the candidate that his or her name will appear on the 2639
ballot of this state in the presidential preference primary 2640
election. 2641
The secretary shall also notify the candidate that he or she 2642
may withdraw his or her name from the ballot by filing with the 2643
Secretary of State an affidavit pursuant to Section 23-15-1095 no 2644
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later than the sixtieth day before the period for early voting 2645
begins for that election. 2646
SECTION 64. Section 21-3-3, Mississippi Code of 1972, is 2647
amended as follows: 2648
21-3-3. The elective officers of all municipalities 2649
operating under a code charter shall be the mayor, the aldermen, 2650
municipal judge, the marshal or chief of police, the tax collector 2651
and the tax assessor. From and after July 1, 2017, the governing 2652
authorities of the municipality shall appoint a city or town clerk 2653
who shall likewise serve as an officer of the municipality. 2654
However, the governing authorities of the municipality shall have 2655
the power, by ordinance, to combine the office of clerk or marshal 2656
with the office of tax collector and/or tax assessor. * * * The 2657
governing authorities shall have the further power to provide 2658
that * * * any of * * * those officers, except those of mayor and 2659
aldermen, shall be appointive, in which case the marshal or chief 2660
of police, the tax collector, the tax assessor, and the city or 2661
town clerk, or such of * * * the officers as may be made 2662
appointive, shall be appointed by the governing authorities. Any 2663
action taken by the governing authorities to make any of * * * the 2664
offices appointive shall be by ordinance of * * * the 2665
municipality, and no such ordinance shall be adopted within ninety 2666
(90) days * * * before the period for early voting begins for any 2667
regular general election for the election of municipal officers. 2668
No such ordinance shall become effective during the term of office 2669
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of any officer whose office shall be affected thereby. If any 2670
such office is made appointive, the person appointed thereto shall 2671
hold office at the pleasure of the governing authorities and may 2672
be discharged by * * * the governing authorities at any time, 2673
either with or without cause, and it shall be discretionary with 2674
the governing authorities whether or not to require * * * the 2675
person appointed thereto to reside within the corporate limits of 2676
the municipality in order to hold * * * the office. 2677
SECTION 65. Section 21-9-17, Mississippi Code of 1972, is 2678
amended as follows: 2679
21-9-17. Except as otherwise provided, all candidates for 2680
mayor and councilmen, or any of them, to be voted for * * * during 2681
the periods for holding any general or special municipal election, 2682
shall be nominated by party primary election, and no other name or 2683
names shall be placed on the official ballot at * * * the general 2684
or special election than those selected in the manner prescribed 2685
herein. Such primary election or elections, shall be held not 2686
less than ten (10), nor more than thirty (30) days, * * * before 2687
the general or special election, and * * * the primary election or 2688
elections shall be held and conducted in the manner as near as may 2689
be as is provided by law for state and county primary elections. 2690
SECTION 66. Section 37-5-9, Mississippi Code of 1972, is 2691
amended as follows: 2692
37-5-9. The name of any qualified elector who is a candidate 2693
for the county board of education shall be placed on the ballot 2694
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used in the general elections by the county election 2695
commissioners, provided that the candidate files with the county 2696
election commissioners, not more than one hundred five (105) days 2697
and not less than seventy-five (75) days * * * before the 2698
date * * * early voting begins for the general election, a 2699
petition of nomination signed by not less than fifty (50) 2700
qualified electors of the county residing within each supervisor's 2701
district. If the seventy-fifth day before the election falls on a 2702
Saturday, Sunday or legal holiday, the petition required under 2703
this section shall be filed by 5:00 p.m. on the business day 2704
immediately following the Saturday, Sunday or legal holiday. 2705
Where there are less than one hundred (100) qualified electors in 2706
said supervisor's district, it shall only be required that said 2707
petition of nomination be signed by at least twenty percent (20%) 2708
of the qualified electors of such supervisor's district. The 2709
candidate in each supervisor's district who receives the majority 2710
of votes cast in the district shall be declared elected. If no 2711
candidate receives a majority of the votes cast at the election, a 2712
runoff shall be held between the two (2) candidates receiving the 2713
highest number of votes in the first election. The runoff 2714
election, in the event that such is necessary, shall be held four 2715
(4) weeks after the first election. 2716
When any member of the county board of education is to be 2717
elected from the county at large under the provisions of this 2718
chapter, then the petition required by the preceding paragraph 2719
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hereof shall be signed by the required number of qualified 2720
electors residing in any part of the county outside of the 2721
territory embraced within a municipal separate school district or 2722
special municipal separate school district. The candidate who 2723
receives the majority of votes cast in the election shall be 2724
declared elected. If no candidate receives a majority of the 2725
votes cast at the election, a runoff shall be held between the two 2726
(2) candidates receiving the highest number of votes in the first 2727
election. The runoff election, in the event that such is 2728
necessary, shall be held four (4) weeks after the first election. 2729
In no case shall any qualified elector residing within a 2730
municipal separate school district or special municipal separate 2731
school district be eligible to sign a petition of nomination for 2732
any candidate for the county board of education under any of the 2733
provisions of this section. 2734
SECTION 67. Section 21-8-7, Mississippi Code of 1972, is 2735
amended as follows: 2736
21-8-7. (1) Each municipality operating under the 2737
mayor-council form of government shall be governed by an elected 2738
council and an elected mayor. Other officers and employees shall 2739
be duly appointed pursuant to this chapter, general law or 2740
ordinance. 2741
(2) Except as otherwise provided in subsection (4) of this 2742
section, the mayor and council members shall be elected by the 2743
voters of the municipality at a regular municipal election held on 2744
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the first Tuesday after the first Monday in June as provided in 2745
Section 21-11-7, and shall serve for a term of four (4) years 2746
beginning on the first day of July next following the election 2747
that is not on a weekend. Votes for mayor and council members may 2748
also be cast during the period for early voting as provided in 2749
this act. 2750
(3) The terms of the initial mayor and council members shall 2751
commence at the expiration of the terms of office of the elected 2752
officials of the municipality serving at the time of adoption of 2753
the mayor-council form. 2754
(4) (a) The council shall consist of five (5), seven (7) or 2755
nine (9) members. In the event there are five (5) council 2756
members, the municipality shall be divided into either five (5) or 2757
four (4) wards. In the event there are seven (7) council members, 2758
the municipality shall be divided into either seven (7), six (6) 2759
or five (5) wards. In the event there are nine (9) council 2760
members, the municipality shall be divided into seven (7) or nine 2761
(9) wards. If the municipality is divided into fewer wards than 2762
it has council members, the other council member or members shall 2763
be elected from the municipality at large. The total number of 2764
council members and the number of council members elected from 2765
wards shall be established by the petition or petitions presented 2766
pursuant to Section 21-8-3. One (1) council member shall be 2767
elected from each ward by the voters of that ward. Council 2768
members elected to represent wards must be residents of their 2769
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wards for two (2) years as provided in Section 23-15-300 at the 2770
time of qualification for election, and any council member who 2771
removes the member's residence from the municipality or from the 2772
ward from which elected shall vacate that office. However, any 2773
candidate for council member who is properly qualified as a 2774
candidate under applicable law shall be deemed to be qualified as 2775
a candidate in whatever ward the member resides if the ward has 2776
changed after the council has redistricted the municipality as 2777
provided in paragraph (c)(ii) of this subsection (4), and if the 2778
wards have been so changed, any person may qualify as a candidate 2779
for council member, by changing the person's residence, not less 2780
than fifteen (15) days before the period for early voting begins 2781
for the first party primary or special party primary, as the case 2782
may be, notwithstanding any other residency or qualification 2783
requirements to the contrary. 2784
(b) The council or board existing at the time of the 2785
adoption of the mayor-council form of government shall designate 2786
the geographical boundaries of the wards within one hundred twenty 2787
(120) days after the election in which the mayor-council form of 2788
government is selected. In designating the geographical 2789
boundaries of the wards, each ward shall contain, as nearly as 2790
possible, the population factor obtained by dividing the 2791
municipality's population as shown by the most recent decennial 2792
census by the number of wards into which the municipality is to be 2793
divided. 2794
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(c) (i) It shall be the mandatory duty of the council 2795
to redistrict the municipality by ordinance, which ordinance may 2796
not be vetoed by the mayor, within six (6) months after the 2797
official publication by the United States of the population of the 2798
municipality as enumerated in each decennial census, and within 2799
six (6) months after the effective date of any expansion of 2800
municipal boundaries; however, if the publication of the most 2801
recent decennial census or effective date of an expansion of the 2802
municipal boundaries occurs six (6) months or more before the 2803
first party primary of a general municipal election, then the 2804
council shall redistrict the municipality by ordinance not less 2805
than sixty (60) days before the period for early voting begins for 2806
the first party primary. 2807
(ii) If the publication of the most recent 2808
decennial census occurs less than six (6) months before the first 2809
primary of a general municipal election, the election shall be 2810
held with regard to the existing defined wards; reapportioned 2811
wards based on the census shall not serve as the basis for 2812
representation until the next regularly scheduled election in 2813
which council members shall be elected. 2814
(d) If annexation of additional territory into the 2815
municipal corporate limits of the municipality occurs less than 2816
six (6) months before the first party primary of a general 2817
municipal election, the council shall, by ordinance adopted within 2818
three (3) days of the effective date of the annexation, assign the 2819
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annexed territory to an adjacent ward or wards so as to maintain 2820
as nearly as possible substantial equality of population between 2821
wards; any subsequent redistricting of the municipality by 2822
ordinance as required by this chapter shall not serve as the basis 2823
for representation until the next regularly scheduled election for 2824
municipal council members. 2825
(5) Vacancies occurring in the council shall be filled as 2826
provided in Section 23-15-857. 2827
(6) The mayor shall maintain an office at the city hall. 2828
The council members shall not maintain individual offices at the 2829
city hall; however, in a municipality having a population of one 2830
hundred thousand (100,000) and above according to the latest 2831
federal decennial census, council members may have individual 2832
offices in the city hall. Clerical work of council members in the 2833
performance of the duties of their office shall be performed by 2834
municipal employees or at municipal expense, and council members 2835
shall be reimbursed for the reasonable expenses incurred in the 2836
performance of the duties of their office. 2837
SECTION 68. Section 9-4-5, Mississippi Code of 1972, is 2838
amended as follows: 2839
9-4-5. (1) The term of office of judges of the Court of 2840
Appeals shall be eight (8) years. An election shall be held on 2841
the first Tuesday after the first Monday in November 1994, to 2842
elect the ten (10) judges of the Court of Appeals, two (2) from 2843
each congressional district; provided, however, judges of the 2844
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Court of Appeals who are elected to take office after the first 2845
Monday of January 2002, shall be elected from the Court of Appeals 2846
Districts described in subsection (5) of this section. The judges 2847
of the Court of Appeals shall begin service on the first Monday of 2848
January 1995. Votes for judges of the Court of Appeals may be 2849
cast, if applicable, during the period for early voting provided 2850
for in this act. 2851
(2) (a) In order to provide that the offices of not more 2852
than a majority of the judges of * * * the court shall become 2853
vacant at any one (1) time, the terms of office of six (6) of the 2854
judges first to be elected shall expire in less than eight (8) 2855
years. For the purpose of all elections of members of the court, 2856
each of the ten (10) judges of the Court of Appeals shall be 2857
considered a separate office. The two (2) offices in each of the 2858
five (5) districts shall be designated Position Number 1 and 2859
Position Number 2, and in qualifying for office as a candidate for 2860
any office of judge of the Court of Appeals each candidate shall 2861
state the position number of the office to which he or she aspires 2862
and the election ballots shall so indicate. 2863
(i) In Congressional District Number 1, the judge 2864
of the Court of Appeals for Position Number 1 shall be that office 2865
for which the term ends January 1, 1999, and the judge of the 2866
Court of Appeals for Position Number 2 shall be that office for 2867
which the term ends January 1, 2003. 2868
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(ii) In Congressional District Number 2, the judge 2869
of the Court of Appeals for Position Number 1 shall be that office 2870
for which the term ends on January 1, 2003, and the judge of the 2871
Court of Appeals for Position Number 2 shall be that office for 2872
which the term ends January 1, 2001. 2873
(iii) In Congressional District Number 3, the 2874
judge of the Court of Appeals for Position Number 1 shall be that 2875
office for which the term ends on January 1, 2001, and the judge 2876
of the Court of Appeals for Position Number 2 shall be that office 2877
for which the term ends January 1, 1999. 2878
(iv) In Congressional District Number 4, the judge 2879
of the Court of Appeals for Position Number 1 shall be that office 2880
for which the term ends on January 1, 1999, and the judge of the 2881
Court of Appeals for Position Number 2 shall be that office for 2882
which the term ends January 1, 2003. 2883
(v) In Congressional District Number 5, the judge 2884
of the Court of Appeals for Position Number 1 shall be that office 2885
for which the term ends on January 1, 2003, and the judge of the 2886
Court of Appeals for Position Number 2 shall be that office for 2887
which the term ends January 1, 2001. 2888
(b) The laws regulating the general elections shall 2889
apply to and govern the elections of judges of the Court of 2890
Appeals except as otherwise provided in Sections 23-15-974 through 2891
23-15-985. 2892
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(c) In the year * * * before the expiration of the term 2893
of an incumbent, and likewise each eighth year thereafter, an 2894
election shall be held in the manner provided in this section in 2895
the district from which the incumbent Court of Appeals judge was 2896
elected at which there shall be elected a successor to the 2897
incumbent, whose term of office shall thereafter begin on the 2898
first Monday of January of the year in which the term of the 2899
incumbent he or she succeeds expires. 2900
(3) No person shall be eligible for the office of judge of 2901
the Court of Appeals who has not attained the age of thirty (30) 2902
years at the time of his or her election and who has not been a 2903
practicing attorney and citizen of the state for five (5) years 2904
immediately * * * before the election. 2905
(4) Any vacancy on the Court of Appeals shall be filled by 2906
appointment of the Governor for that portion of the unexpired 2907
term * * * before the election to fill the remainder of * * * the 2908
term according to provisions of Section 23-15-849 * * *. 2909
(5) (a) The State of Mississippi is hereby divided into 2910
five (5) Court of Appeals Districts as follows: 2911
FIRST DISTRICT. The First Court of Appeals District shall be 2912
composed of the following counties and portions of counties: 2913
Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, 2914
Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, 2915
Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada 2916
County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; 2917
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in Montgomery County the precincts of North Winona, Lodi, Stewart, 2918
Nations and Poplar Creek; in Panola County the precincts of East 2919
Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North 2920
Springport, South Springport, Eureka, Williamson, East Batesville 2921
4, West Batesville 4, Fern Hill, North Batesville A, East 2922
Batesville 5 and West Batesville 5; and in Tallahatchie County the 2923
precincts of Teasdale, Enid, Springhill, Charleston Beat 1, 2924
Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, 2925
Murphreesboro and Rosebloom. 2926
SECOND DISTRICT. The Second Court of Appeals District shall 2927
be composed of the following counties and portions of counties: 2928
Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, 2929
Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, 2930
Tunica, Warren, Washington and Yazoo; in Attala County the 2931
precincts of Northeast, Hesterville, Possomneck, North Central, 2932
McAdams, Newport, Sallis and Southwest; that portion of Grenada 2933
County not included in the First Court of Appeals District; in 2934
Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 2935
83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, 2936
Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, 2937
St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the 2938
precincts of Conway, West Carthage, Wiggins, Thomastown and 2939
Ofahoma; in Madison County the precincts of Farmhaven, Canton 2940
Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, 2941
Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, 2942
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Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, 2943
Canton Precinct 1 and Canton Precinct 4; that portion of 2944
Montgomery County not included in the First Court of Appeals 2945
District; that portion of Panola County not included in the First 2946
Court of Appeals District; and that portion of Tallahatchie County 2947
not included in the First Court of Appeals District. 2948
THIRD DISTRICT. The Third Court of Appeals District shall be 2949
composed of the following counties and portions of counties: 2950
Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, 2951
Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that 2952
portion of Attala County not included in the Second Court of 2953
Appeals District; in Jones County the precincts of Northwest High 2954
School, Shady Grove, Sharon, Erata, Glade, Myrick School, 2955
Northeast High School, Rustin, Sandersville Civic Center, Tuckers, 2956
Antioch and Landrum; that portion of Leake County not included in 2957
the Second Court of Appeals District; that portion of Madison 2958
County not included in the Second Court of Appeals District; and 2959
in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, 2960
Diamond, Chaparral, Matherville, Coit and Eucutta. 2961
FOURTH DISTRICT. The Fourth Court of Appeals District shall 2962
be composed of the following counties and portions of counties: 2963
Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, 2964
Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; 2965
that portion of Hinds County not included in the Second Court of 2966
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Appeals District; and that portion of Jones county not included in 2967
the Third Court of Appeals District. 2968
FIFTH DISTRICT. The Fifth Court of Appeals District shall be 2969
composed of the following counties and portions of counties: 2970
Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl 2971
River, Perry and Stone; and that portion of Wayne County not 2972
included in the Third Court of Appeals District. 2973
(b) The boundaries of the Court of Appeals Districts 2974
described in paragraph (a) of this subsection shall be the 2975
boundaries of the counties and precincts listed in paragraph (a) 2976
of this subsection as such boundaries existed on October 1, 1990. 2977
SECTION 69. Section 23-15-321, Mississippi Code of 1972, is 2978
amended as follows: 2979
23-15-321. Nomination of candidates for the office of 2980
Commissioner of the Yazoo-Mississippi Delta Levee District, by any 2981
political party, shall be made by counties, or parts of a county 2982
having a levee commissioner, and the primary elections for that 2983
purpose shall be held on the second Tuesday in March. The 2984
qualification deadline for such election shall be by 5:00 p.m. 2985
seventy-five (75) days before the early voting period begins for 2986
congressional preference primary in years in which a congressional 2987
preference primary is held. If seventy-five (75) days before the 2988
early voting period begins for congressional preference primary in 2989
years in which a congressional preference primary is held, occurs 2990
on a Saturday, Sunday or legal holiday, then the qualifying 2991
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ST: Early voting; require period of no less
than 21 days before each election.
deadline shall be by 5:00 p.m. on the business day immediately 2992
following the Saturday, Sunday or legal holiday. The general 2993
primary election laws shall apply to and govern the nomination of 2994
candidates for the office of commissioner for the said levee 2995
districts in so far as they may be applicable. 2996
SECTION 70. This act shall take effect and be in force from 2997
and after July 1, 2026. 2998