MS Supreme Court; bring forward sections that regulate.

H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~ G1/2
26/HR26/R1480CS
PAGE 1 (GT\KW)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Horan

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1749

AN ACT TO BRING FORWARD SECTIONS 9-3-1, 9-3-3, 9-3-5, 9-3-6, 1
9-3-7, 9-3-9, 9-3-11, 9-3-12, 9-3-13, 9-3-14, 9-3-15, 9-3-17, 2
9-3-19, 9-3-21, 9-3-23, 9-3-25, 9-3-27, 9-3-29, 9-3-31, 9-3-37, 3
9-3-39, 23-15-977, 23-15-991, 23-15-993, 23-15-994, 23-15-995, 4
23-15-607, 23-15-849 AND 23-15-853, MISSISSIPPI CODE OF 1972, 5
WHICH REGULATE THE JUSTICES OF THE SUPREME COURT ELECTIONS, 6
ELECTION BOUNDARIES, TERM OF OFFICE AND VACANCIES, FOR PURPOSES OF 7
AMENDMENT TO; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 9-3-1, Mississippi Code of 1972, is 10
brought forward as follows: 11
9-3-1. The state shall be divided into three (3) Supreme 12
Court districts, as follows, to wit: 13
The counties of Bolivar, Claiborne, Copiah, Hinds, Holmes, 14
Humphreys, Issaquena, Jefferson, Kemper, Lauderdale, Leake, 15
Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Sharkey, 16
Sunflower, Warren, Washington and Yazoo shall constitute the First 17
District. 18
The counties of Adams, Amite, Clarke, Covington, Forrest, 19
Franklin, George, Greene, Hancock, Harrison, Jackson, Jasper, 20
Jefferson Davis, Jones, Lamar, Lawrence, Lincoln, Marion, Pearl 21
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 2 (GT\KW)

River, Perry, Pike, Simpson, Smith, Stone, Walthall, Wayne, and 22
Wilkinson shall constitute the Second District. 23
The counties of Alcorn, Attala, Benton, Calhoun, Carroll, 24
Chickasaw, Choctaw, Clay, Coahoma, DeSoto, Grenada, Itawamba, 25
Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, 26
Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Tallahatchie, 27
Tate, Tippah, Tishomingo, Tunica, Union, Webster, Winston and 28
Yalobusha, shall constitute the Third District. 29
SECTION 2. Section 9-3-3, Mississippi Code of 1972, is 30
brought forward as follows: 31
9-3-3. A term of the supreme court shall be held twice in 32
each year in the city of Jackson, to be styled the Supreme Court; 33
and the terms shall commence the second Monday of September and 34
the first Monday of March, and the court shall be kept open for 35
the discharge of business for at least nine months of every year 36
if the business therein should require. 37
SECTION 3. Section 9-3-5, Mississippi Code of 1972, is 38
brought forward as follows: 39
9-3-5. If, at the commencement of any regular term, a quorum 40
of the judges shall not be present, it shall be the duty of the 41
clerk to adjourn the court from day to day, by an entry of the 42
fact on the minute-book, for twelve juridical days; and if a 43
quorum of the judges shall not appear by the thirteenth day, and 44
if there should not be a clerk, or he shall not be in attendance, 45
any of the judges of the court in attendance may adjourn it from 46
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 3 (GT\KW)

day to day for twelve juridical days, but if two of the judges 47
shall so order, the court shall stand adjourned to a later day, 48
and notice of the order shall be published, as for a special term. 49
And if there be a failure of the term, it shall be the duty of the 50
judges, or any two of them, to order a special term, at such time 51
as they may appoint, notice of which shall be published in a 52
newspaper published in the city of Jackson, if there be one, and, 53
if not, in some newspaper published at some other place in the 54
state, for three weeks. And after a term has regularly commenced, 55
the court, or any of the judges, may adjourn the court from day to 56
day or from time to time, as may be necessary and proper; and 57
there shall not be a discontinuance of any suit, process, matter, 58
or thing, returned or pending in the court, because a sufficient 59
number of judges shall not attend at the commencement of the term, 60
or at any other day to which the court may have been adjourned; 61
and in case a quorum of judges should not be present at any day to 62
which the court may have been adjourned during a term, a further 63
adjournment may be ordered. 64
SECTION 4. Section 9-3-6, Mississippi Code of 1972, is 65
brought forward as follows: 66
9-3-6. (1) The Supreme Court shall have the authority to 67
request any Supreme Court justice who has retired from the court, 68
except by defeat at the polls, to return to active service on an 69
emergency basis. 70
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 4 (GT\KW)

(2) It shall be the duty of such recalled judge, who 71
consents to serve, to assist the court in the disposition of 72
causes pending in the court and in the determination of causes 73
presented to the court, under such rules and regulations as the 74
Supreme Court may adopt. However, such judge shall not be 75
entitled to vote in the decision of any case heard by the Supreme 76
Court. 77
(3) No such recalled judge may, during any fiscal year, 78
receive compensation in excess of twenty-five percent (25%) of the 79
current salary in effect for an associate justice of the Supreme 80
Court. While serving under this section, such judge shall be 81
compensated at the monthly rate of a regular Supreme Court 82
justice. 83
(4) If such recalled judge is receiving retirement benefits 84
by virtue of the provisions of the Public Employees' Retirement 85
Law of 1952, appearing as Section 25-11-1 through Section 86
25-11-139, Mississippi Code of 1972, such benefits shall not be 87
reduced in any sum whatsoever because of such service, nor shall 88
any sum be deducted as contributions toward retirement under said 89
act. 90
(5) The Supreme Court may, by order spread upon its minutes, 91
give a name or title to the judicial positions created by the 92
provisions of this section. 93
SECTION 5. Section 9-3-7, Mississippi Code of 1972, is 94
brought forward as follows: 95
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 5 (GT\KW)

9-3-7. The cost of publishing the notices by order of the 96
judges shall be paid out of the appropriation for the judicial 97
department, and the auditor shall issue a warrant therefor on the 98
order of the supreme court allowing the account for making the 99
publication. 100
SECTION 6. Section 9-3-9, Mississippi Code of 1972, is 101
brought forward as follows: 102
9-3-9. The Supreme Court shall have such jurisdiction as 103
properly belongs to a court of appeals, and shall hear and 104
determine all manner of pleas, complaints, motions, causes, and 105
controversies, civil and criminal, which are now pending therein, 106
or which may be brought before it, and which shall be cognizable 107
in said court; but a cause shall not be removed into said court 108
until after final judgment in the court below, except as provided 109
by Section 9-4-3, or in cases particularly provided for by law; 110
and the Supreme Court may grant new trials and correct errors of 111
the circuit court in granting or refusing the same. 112
Provided, however, the Supreme Court shall have such original 113
and appellate jurisdiction as may be otherwise provided by law in 114
cases and proceedings for modification of any rates charged or 115
sought to be charged to the public by any public utility. 116
SECTION 7. Section 9-3-11, Mississippi Code of 1972, is 117
brought forward as follows: 118
9-3-11. The judge of the Supreme Court who has been for the 119
longest time continuously a member of the court shall be chief 120
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 6 (GT\KW)

justice; and, the two (2) judges of the supreme court who have 121
served continuously for the next longest time shall be presiding 122
justices. In case of the absence of the chief justice, the 123
presiding justice who has been for the longest time continuously a 124
member shall preside. In the event that two (2) or more judges of 125
the Supreme Court shall have served as members of the Supreme 126
Court for equal periods of time, then seniority shall be 127
determined according to the length of time that such judges shall 128
have been members of the Mississippi State Bar. 129
SECTION 8. Section 9-3-12, Mississippi Code of 1972, is 130
brought forward as follows: 131
9-3-12. (1) Any judge of the Mississippi Supreme Court who 132
has reached the age of sixty-eight (68) years, and who resigns as 133
hereafter provided, may retire from active service as Chief, 134
Presiding, or Associate Justice of the Supreme Court by forwarding 135
a written resignation to the Governor, with a copy to the Supreme 136
Court. Any vacancy on the Supreme Court shall be filled as 137
provided by law. Such judge shall perform for the judges of the 138
Supreme Court such service as the court may designate from time to 139
time. There shall be no more than three (3) such judges serving 140
at any one (1) time and each judge shall serve for a term equal to 141
the balance of the term for which he was last elected by popular 142
vote as a Supreme Court judge; provided, however, no such judge 143
shall serve for a longer period than four (4) years. Such judge 144
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 7 (GT\KW)

shall receive a salary equivalent to two-thirds (2/3) of the 145
salary of an associate justice. 146
(2) During his tenure, such judge shall continue to be 147
deemed an official elected by popular vote for the remainder of 148
the term to which he was elected by popular vote as a judge of the 149
Supreme Court within the meaning of subsection (f) of Section 150
25-11-111 of the Mississippi Code of 1972, but such judge shall 151
not be entitled to vote as to the decision of any case heard by 152
the Supreme Court. 153
(3) The provisions of this section shall not in any manner 154
be construed to require any judge to resign, or to alter, limit or 155
modify the privileges of a Supreme Court judge to resign from 156
active service and to retire in the manner provided by law, or the 157
privilege of a Supreme Court judge who so retires to receive full 158
retirement benefits in the manner provided by law. However, no 159
such judge who resigns under the provisions of this section shall 160
receive retirement benefits while serving under the provisions of 161
this section. 162
(4) The Supreme Court may, by order spread upon its minutes, 163
give a name or title to the judicial positions created by the 164
provisions of this section. 165
SECTION 9. Section 9-3-13, Mississippi Code of 1972, is 166
brought forward as follows: 167
9-3-13. The clerk of the Supreme Court, before he enters on 168
the discharge of the duties of his office, shall take the oath 169
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 8 (GT\KW)

prescribed in the Constitution, and enter into bond with at least 170
two sufficient sureties, to be approved by the court, or in 171
vacation by two of the judges, payable to the state in the penalty 172
of Five Thousand Dollars, conditioned for the faithful performance 173
of the duties of his office. The bond shall be recorded in the 174
minutes of the court, and, immediately thereafter deposited and 175
filed in the Office of the Secretary of State. 176
SECTION 10. Section 9-3-14, Mississippi Code of 1972, is 177
brought forward as follows: 178
9-3-14. The clerk of the Supreme Court shall be appointed by 179
majority vote of the Supreme Court and shall serve at the pleasure 180
of the court. 181
SECTION 11. Section 9-3-15, Mississippi Code of 1972, is 182
brought forward as follows: 183
9-3-15. The clerk of the Supreme Court shall have power, 184
with the approbation of the court, or of the judges in vacation, 185
to appoint one or more deputies, who shall take the oath of 186
office, and who thereupon shall have power to do and perform all 187
the acts and duties which their principal may lawfully do; such 188
approval, when given by the judges in vacation, shall be in 189
writing, and shall be entered on the minutes of the court at the 190
next term. 191
SECTION 12. Section 9-3-17, Mississippi Code of 1972, is 192
brought forward as follows: 193
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 9 (GT\KW)

9-3-17. The clerk shall carefully keep a minute of the 194
proceedings of the court for each day, drawn up at large in a 195
record book to be kept by him for that purpose; he shall 196
seasonably record the judgments, decrees, orders, and decisions of 197
the Court of Appeals and the Supreme Court; he shall safely keep 198
all records, files, books and papers committed to his charge, and 199
also all presses and furniture belonging to his office, and 200
deliver such records, files, books, papers, presses and furniture 201
to his successor in office; and in case of refusal or failure to 202
deliver whatever belongs to his office to his successor, his bond 203
may be put in suit by the Attorney General; he shall prepare for 204
any person demanding the same a certified copy of any paper, 205
record, decree, judgment, or entry on file in his office, proper 206
to be certified, for the fees prescribed by law. The transcript 207
filed in the Court of Appeals and Supreme Court, the process in 208
each case, and the judgment or decree of the court thereon, shall 209
be the final record in the cause, and certified as such by the 210
clerk whenever an exemplification of the judgment or decree of the 211
court may be required. 212
SECTION 13. Section 9-3-19, Mississippi Code of 1972, is 213
brought forward as follows: 214
9-3-19. The clerk of the Supreme Court shall make out and 215
keep a docket of civil cases pending in or which may be brought to 216
the court and place thereon all such cases in the order in which 217
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 10 (GT\KW)

they may have been or may be filed in his office, irrespective of 218
districts. 219
SECTION 14. Section 9-3-21, Mississippi Code of 1972, is 220
brought forward as follows: 221
9-3-21. The clerk shall keep a docket of criminal cases, on 222
which he shall enter all criminal cases brought before the court 223
in the order in which they may be sent up or certified; and he 224
shall keep such other dockets as may be deemed proper by the 225
court. Provided, however, that all cases brought before the court 226
in which the defendant has been sentenced to suffer the death 227
penalty shall be preference cases, and shall be set down for 228
hearing and submission not later than sixty (60) days after the 229
filing of the transcript of the record in the office of the clerk 230
of the Supreme Court. The Supreme Court, by order upon its 231
minutes, for good cause shown and to prevent injustice, may extend 232
the time for hearing or submission in any case in which the 233
defendant has been sentenced to suffer the death penalty. 234
SECTION 15. Section 9-3-23, Mississippi Code of 1972, is 235
brought forward as follows: 236
9-3-23. The Supreme Court shall make allowance to the clerk 237
for all needful sums for supplying the office with necessary 238
books, stationery, furniture, and presses for preserving the 239
records and for the safe-keeping of the books and papers belonging 240
to the office. The allowance, being certified to the auditor of 241
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 11 (GT\KW)

public accounts by any of the judges, shall be paid out of the 242
appropriation for the judicial department. 243
SECTION 16. Section 9-3-25, Mississippi Code of 1972, is 244
brought forward as follows: 245
9-3-25. The Supreme Court of the state of Mississippi is 246
authorized to require its clerk, by order to that effect entered 247
on its minutes, to destroy the transcript of the record, briefs of 248
counsel, and related documents in any case appealed to it from a 249
lower court after the expiration of five years from the rendition 250
of the final judgment in the case by the Supreme Court. Before 251
destroying such records the clerk of the supreme court shall 252
advise the director of the department of archives and history of 253
the contemplated destruction of the records, and, if the director 254
of the department of archives and history shall so desire, the 255
records, or such of them as he may desire, shall not be destroyed, 256
but shall be immediately delivered to him for preservation in his 257
office. 258
The transcripts of all existing records, briefs of counsel, 259
and all other related documents, which the said clerk is not 260
authorized to destroy, shall be collected by said clerk, under the 261
direction of the Supreme Court, shall be cleaned, organized, and 262
placed in shelves or files with adequate identifications of such 263
records, and shall be maintained by the clerk in a place or places 264
accessible to lawyers, judges and the general public, and in a 265
manner best suited to their preservation. The capitol commission 266
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 12 (GT\KW)

shall provide additional adequate and proper space for the storage 267
of all such records, which in the opinion of the supreme court 268
cannot be stored conveniently and efficiently in the clerk's 269
record storage room of the new capitol adjoining the courtroom. 270
SECTION 17. Section 9-3-27, Mississippi Code of 1972, is 271
brought forward as follows: 272
9-3-27. The judges of the Supreme Court are authorized and 273
empowered to employ such number of secretaries and research 274
assistants to said court as the court may deem necessary for its 275
efficient operation, provided, that each of said research 276
assistants herein authorized shall be qualified members of The 277
Mississippi State Bar, or qualified for admission thereto under 278
the laws of this state. They shall each receive a salary to be 279
fixed by the judges of the Supreme Court, through an order entered 280
on the minutes of said court, within the appropriation for the 281
payment of such salaries in the Supreme Court. Said secretaries 282
and research assistants, upon entering into the discharge of their 283
duties, shall take an oath to be administered by one (1)of the 284
judges of said court that they will faithfully discharge the 285
duties of said office and that they will not disclose the secrets 286
or deliberations of the court, and they shall be removed at the 287
pleasure of the court. Said secretaries and assistants shall be 288
paid on a certificate by the Chief Justice or by a justice 289
appointed by him to so act to the Auditor of Public Accounts, who 290
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 13 (GT\KW)

shall issue his warrant for the amount or amounts so certified to 291
the State Treasurer. 292
SECTION 18. Section 9-3-29, Mississippi Code of 1972, is 293
brought forward as follows: 294
9-3-29. The Supreme Court may, by order entered on its 295
minutes, appoint a marshal and such deputy marshals as the court 296
may deem necessary not to exceed three (3), who shall hold their 297
places during the pleasure of the court, and shall attend its 298
sessions, and perform all the duties of a sheriff and deputies 299
attending court, and shall obey all lawful orders of the court. 300
Said marshal and deputy marshals shall each receive a salary to be 301
fixed by the judges of the Supreme Court, through an order entered 302
on the minutes of said court, within its appropriation. They 303
shall be paid on a certificate by the chief justice, or by a 304
justice appointed by him to so act, to the Auditor of Public 305
Accounts, who shall issue his warrant for the amount or amounts so 306
certified to the State Treasurer. 307
SECTION 19. Section 9-3-31, Mississippi Code of 1972, is 308
brought forward as follows: 309
9-3-31. The Supreme Court may at any time require the 310
sheriff of Hinds county, with a competent number of deputies, to 311
attend and perform all lawful orders of the court; and, for any 312
failure in this, after notice of the requirement by the court, the 313
sheriff may be punished by the court for a contempt; and for 314
attending the court he shall be allowed two dollars a day for each 315
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 14 (GT\KW)

person so attending, to be paid as the marshal and porter are 316
paid. And at all times, when proper, the court shall dispense 317
with the services of a marshal and require the said sheriff to 318
perform all its duties. 319
SECTION 20. Section 9-3-37, Mississippi Code of 1972, is 320
brought forward as follows: 321
9-3-37. The supreme court may try and determine all issues 322
of fact which may arise out of any appeal before it and be 323
necessary to the disposition thereof, and, to this end, may, by 324
order in each case, prescribe in what way evidence may be produced 325
before it on the issue. 326
SECTION 21. Section 9-3-39, Mississippi Code of 1972, is 327
brought forward as follows: 328
9-3-39. The Supreme Court shall have power to make such 329
rules in respect to making out records for said court and for the 330
Court of Appeals as may be expedient, and may prescribe the form 331
and manner in which records shall be prepared for appeal, and 332
cause the same to be bound, but shall not require any record to be 333
printed; and may enforce its rules by proper fines or by refusal 334
to allow costs to be taxed to the clerks below on records not made 335
out according to the rules, or by refusing to permit such records 336
to be filed. And the court may prescribe the mode of pleading in 337
causes therein, civil and criminal, and the manner of trying the 338
same; and may also establish such rules of practice and 339
proceedings therein as may be deemed necessary and proper for 340
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 15 (GT\KW)

certainty and dispatch of business, and may dismiss causes for 341
noncompliance with any of the rules; but such rules must be 342
consistent with law. 343
SECTION 22. Section 23-15-977, Mississippi Code of 1972, is 344
brought forward as follows: 345
23-15-977. (1) Except as otherwise provided in this 346
section, all candidates for judicial office as defined in Section 347
23-15-975 of this subarticle shall file their intent to be a 348
candidate with the proper officials and pay the proper assessment 349
by not later than 5:00 p.m. on February 1 of the year in which the 350
general election for the judicial office is held. If February 1 351
occurs on a Saturday, Sunday or legal holiday, candidates shall 352
file their intent to be a candidate and pay the proper assessment 353
by 5:00 p.m. on the business day immediately following the 354
Saturday, Sunday or legal holiday. Candidates shall pay to the 355
proper officials the following amounts: 356
(a) Candidates for Supreme Court justice and Court of 357
Appeals judge, the sum of Two Hundred Dollars ($200.00). 358
(b) Candidates for circuit judge and chancellor, the 359
sum of One Hundred Dollars ($100.00). 360
(c) Candidates for county judge and family court judge, 361
the sum of One Hundred Dollars ($100.00). 362
(d) Candidates for justice court judge, the sum of One 363
Hundred Dollars ($100.00). 364
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 16 (GT\KW)

Candidates for judicial office may not file their intent to 365
be a candidate and pay the proper assessment before January 1 of 366
the year in which the election for the judicial office is held. 367
(2) Candidates for judicial offices listed in paragraphs (a) 368
and (b) of subsection (1) of this section shall file their intent 369
to be a candidate with, and pay the proper assessment made 370
pursuant to subsection (1) of this section to, the State Board of 371
Election Commissioners. 372
(3) Candidates for judicial offices listed in paragraphs (c) 373
and (d) of subsection (1) of this section shall file their intent 374
to be a candidate with, and pay the proper assessment made 375
pursuant to subsection (1) of this section to, the circuit clerk 376
of the proper county. The circuit clerk shall notify the county 377
election commissioners of all persons who have filed their intent 378
to be a candidate with, and paid the proper assessment to, such 379
clerk. The notification shall occur within two (2) business days 380
and shall contain all necessary information. 381
(4) If only one (1) person files his or her intent to be a 382
candidate for a judicial office and that person later dies, 383
resigns or is otherwise disqualified from holding the judicial 384
office after the deadline provided for in subsection (1) of this 385
section but more than seventy (70) days before the date of the 386
general election, the Governor, upon notification of the death, 387
resignation or disqualification of the person, shall issue a 388
proclamation authorizing candidates to file their intent to be a 389
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 17 (GT\KW)

candidate for that judicial office for a period of not less than 390
seven (7) nor more than ten (10) days from the date of the 391
proclamation. 392
(5) If only one (1) person qualifies as a candidate for a 393
judicial office and that person later dies, resigns or is 394
otherwise disqualified from holding the judicial office within 395
seventy (70) days before the date of the general election, the 396
judicial office shall be considered vacant for the new term and 397
the vacancy shall be filled as provided in by law. 398
SECTION 23. Section 23-15-991, Mississippi Code of 1972, is 399
brought forward as follows: 400
23-15-991. The term of office of judges of the Supreme Court 401
shall be eight (8) years. Concurrently with the regular election 402
for representatives in Congress, held next preceding the 403
expiration of the term of an incumbent, and likewise each eighth 404
year thereafter, an election shall be held in the Supreme Court 405
district from which such incumbent was elected at which there 406
shall be elected a successor to the incumbent, whose term of 407
office shall thereafter begin on the first Monday of January of 408
the year in which the term of the incumbent he succeeds expires. 409
SECTION 24. Section 23-15-993, Mississippi Code of 1972, is 410
brought forward as follows: 411
23-15-993. For the purpose of all elections, each of the 412
nine (9) judgeships of the Supreme Court shall be considered a 413
separate office. The three (3) offices in each of the three (3) 414
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 18 (GT\KW)

Supreme Court districts shall be designated Position Number 1, 415
Position Number 2 and Position Number 3, and in qualifying for 416
office as a candidate for any office of judge of the Supreme Court 417
each candidate shall state the position number of the office to 418
which he aspires and the regular election ballots shall so 419
indicate. In Supreme Court District Number 1: Position Number 1 420
shall be that office for which the term ends in January 1966; 421
Position Number 2 shall be that office for which the term ends in 422
January 1965; and Position Number 3 shall be that office for which 423
the term ends in January 1969. In District Number 2: Position 424
Number 1 shall be that office for which the term ends in January 425
1972; Position Number 2 shall be that office for which the term 426
ends in January 1969; and Position Number 3 shall be for that 427
office for which the term ends in January 1973. In District 428
Number 3: Position Number 1 shall be that office for which the 429
term ends in January 1969; Position Number 2 shall be that office 430
for which the term ends in January 1969; and Position Number 3 431
shall be that office for which the term ends in January 1965. 432
SECTION 25. Section 23-15-994, Mississippi Code of 1972, is 433
brought forward as follows: 434
23-15-994. Elections for the office of judge of the Court of 435
Appeals shall be as prescribed in Section 9-4-1, et seq. 436
SECTION 26. Section 23-15-995, Mississippi Code of 1972, is 437
brought forward as follows: 438
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 19 (GT\KW)

23-15-995. Except as may be otherwise provided by the 439
provisions of Sections 23-15-974 through 23-15-985, the general 440
laws for the election of state officers shall apply to and govern 441
the election of judges of the Supreme Court. 442
SECTION 27. Section 23-15-607, Mississippi Code of 1972, is 443
brought forward as follows: 444
23-15-607. (1) The election commissioners shall, within ten 445
(10) days after an election for judges of the Supreme Court or 446
Court of Appeals, transmit to the Secretary of State, to be filed 447
in his or her office, a statement of the whole number of votes 448
given in their county, and the whole number of votes given in each 449
precinct in their county, for each candidate for the Office of 450
Judge of the Supreme Court or Court of Appeals, and the Secretary 451
of State shall immediately notify each member of the State Board 452
of Election Commissioners in writing to assemble at his or her 453
office on a day to be fixed by him or her, to be within ten (10) 454
days after the receipt by him or her of such statement, and when 455
assembled pursuant to such notice the State Board of Election 456
Commissioners shall sum up the whole number of votes given for 457
each candidate for judge of the Supreme Court or Court of Appeals 458
according to the total number of votes in each county for each 459
candidate as certified to the Secretary of State, ascertain the 460
person or persons to be elected; and thereupon all persons chosen 461
to such office at the election shall be commissioned by the 462
Governor; but if it appears that two (2) or more candidates for 463
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 20 (GT\KW)

judge of the Supreme Court or Court of Appeals standing highest on 464
the list, and not elected, have an equal number of votes, the 465
election shall be decided between the candidates having an equal 466
number of votes by each candidate individually drawing one (1) of 467
the two (2) sealed containers from an opaque bag, under the 468
direction of the Governor and Secretary of State. The containers 469
shall consist of a straw of conspicuous length, and the candidate 470
drawing the container with the longer of the two (2) straws shall 471
be declared the winner. 472
(2) The statements required by this section shall contain a 473
certification, signed and dated by a majority of the election 474
commissioners, which shall read as follows: 475
"We, the undersigned election commissioners, do 476
hereby certify that this statement of the whole number 477
of votes contain the official vote for the election 478
reflected therein." 479
(3) The statements required by this section shall be 480
transmitted to the Secretary of State on such forms and by such 481
methods as may be required by rules and regulations promulgated by 482
the Secretary of State. 483
SECTION 28. Section 23-15-849, Mississippi Code of 1972, is 484
brought forward as follows: 485
23-15-849. (1) Vacancies in the office of circuit judge or 486
chancellor shall be filled for the unexpired term by the qualified 487
electors at the next regular special election occurring more than 488
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 21 (GT\KW)

nine (9) months after the vacancy to be filled occurred, and the 489
term of office of the person elected to fill a vacancy shall 490
commence on the first Monday in January following the election. 491
Upon the occurrence of a vacancy, the Governor shall appoint a 492
qualified person from the district in which the vacancy exists to 493
hold the office and discharge the duties thereof until the vacancy 494
is filled by election as provided in this subsection. 495
(2) (a) If half or more than half of the term remains, 496
vacancies in the office of justice of the Supreme Court or judge 497
of the Court of Appeals shall be filled for the unexpired term by 498
the qualified electors at the next regular election for state 499
officers or for representatives in Congress occurring more than 500
nine (9) months after the vacancy to be filled occurred, and the 501
term of office of the person elected to fill a vacancy shall 502
commence on the first Monday in January following the election. 503
If less than half of the term remains, vacancies in the office of 504
justice of the Supreme Court or judge of the Court of Appeals 505
shall be filled for the remaining unexpired term solely by 506
appointment as provided in this subsection. 507
(b) Upon occurrence of a vacancy, the Governor shall 508
appoint a qualified person from the district in which the vacancy 509
exists to hold the office and discharge the duties thereof as 510
follows: 511
(i) If less than half of the term remains, the 512
appointee shall serve until expiration of the term; 513
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 22 (GT\KW)

(ii) If half or more than half of the term 514
remains, the appointee shall serve until the vacancy is filled by 515
election as provided in subsection (1) of this section for judges 516
of the circuit and chancery courts. Elections to fill vacancies 517
in the office of justice of the Supreme Court or judge of the 518
Court of Appeals shall be held, conducted, returned and the 519
persons elected commissioned in accordance with the law governing 520
regular elections for justices of the Supreme Court or judges of 521
the Court of Appeals to the extent applicable. 522
SECTION 29. Section 23-15-853, Mississippi Code of 1972, is 523
amended as follows: 524
23-15-853. (1) If a vacancy occurs in the representation in 525
Congress, the vacancy shall be filled for the unexpired term by a 526
special election, to be ordered by the Governor, within one 527
hundred five (105) days after the vacancy occurs, and held at a 528
time fixed by his or her order, and which time shall be not less 529
than one hundred five (105) days after the issuance of the order 530
of the Governor, which shall be directed to the election 531
commissioners of the several counties of the district, who shall, 532
immediately on the receipt of the order, give notice of the 533
election by publishing the same in a newspaper having a general 534
circulation in the county and by posting the notice at the front 535
door of the courthouse. The order shall also be directed to the 536
State Board of Election Commissioners. The election shall be 537
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 23 (GT\KW)

prepared for and conducted, and returns shall be made, in all 538
respects as provided for a special election to fill vacancies. 539
(2) Candidates for the office in such an election must 540
qualify with the Secretary of State by 5:00 p.m. not less than 541
seventy-five (75) days before the date of the election. If the 542
seventy-fifth day to qualify before an election falls on a 543
Saturday, Sunday or legal holiday, the qualification submitted on 544
the business day immediately following the Saturday, Sunday or 545
legal holiday shall be accepted. The election commissioners shall 546
have printed on the ballot in such special election the name of 547
any candidate who shall have been requested to be a candidate for 548
the office by a petition filed with the Secretary of State and 549
personally signed by not less than one thousand (1,000) qualified 550
electors of the district. The petition shall be filed by 5:00 551
p.m. not less than seventy-five (75) days before the date of the 552
election. If the seventy-fifth day to file the petition before an 553
election falls on a Saturday, Sunday or legal holiday, the 554
petition filed on the business day immediately following the 555
Sunday or legal holiday shall be accepted. 556
There shall be attached to each petition above provided for, 557
upon the time of filing with the Secretary of State, a certificate 558
from the appropriate registrar or registrars showing the number of 559
qualified electors appearing upon each petition which the 560
registrar shall furnish to the petitioner upon request. 561
H. B. No. 1749 *HR26/R1480CS* ~ OFFICIAL ~
26/HR26/R1480CS
PAGE 24 (GT\KW)
ST: MS Supreme Court; bring forward sections
that regulate.
SECTION 30. This act shall take effect and be in force from 562
and after July 1, 2026, and shall stand repealed on June 30, 2026. 563