Municipal election commissioners; revise appointments of.

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To: Apportionment and
Elections; Municipalities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 21

AN ACT TO AMEND SECTION 23-15-221, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE PROCESS FOR MAKING APPOINTMENTS TO MUNICIPAL 2
ELECTION COMMISSIONS; TO PROVIDE A TIMELINE OF WHEN EACH GOVERNING 3
AUTHORITY MUST MAKE APPOINTMENTS TO THE MUNICIPAL ELECTION 4
COMMISSION; TO REQUIRE EACH MUNICIPAL ELECTION COMMISSIONER TO 5
ACCEPT HIS OR HER APPOINTMENT BY SUBMITTING A LETTER TO THE 6
SECRETARY OF STATE; TO REQUIRE MUNICIPAL ELECTION COMMISSIONERS TO 7
COMPLETE A TRAINING SEMINAR AND A SKILLS ASSESSMENT; TO AMEND 8
SECTION 23-15-211, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 9
PRECEDING SECTION; TO BRING FORWARD SECTIONS 23-15-611, 23-15-361 10
AND 21-9-19, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE 11
AMENDMENT; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 23-15-221, Mississippi Code of 1972, is 14
amended as follows: 15
23-15-221. (1) (a) The governing authorities of 16
municipalities having a population of less than twenty thousand 17
(20,000) inhabitants according to the last federal decennial 18
census shall appoint three (3) election commissioners; the 19
governing authorities of municipalities having a population of 20
twenty thousand (20,000) inhabitants or more and less than one 21
hundred thousand (100,000) inhabitants according to the last 22
federal decennial census shall appoint five (5) election 23
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commissioners; and the governing authorities of municipalities 24
having a population of one hundred thousand (100,000) or more 25
according to the last federal decennial census shall appoint seven 26
(7) election commissioners. No more than one (1) commissioner may 27
be appointed from a ward of a municipality. The governing 28
authority of each municipality shall make its appointments to the 29
municipal election commission at least one (1) year before the 30
year in which a municipal election is held. If a municipal 31
election commissioner appointment remains vacant on January 31 of 32
the year in which a municipal election is held, the State Board of 33
Election Commissioners shall make the appointment, and the 34
appointed commissioner shall remain in office as otherwise 35
provided by law. Every person appointed to a municipal election 36
commission shall submit a letter to the Secretary of State 37
accepting the municipal election position and affirming that he or 38
she will fulfill the duties of the position. The letter must be 39
signed by the municipal election commissioner under penalty of 40
perjury. 41
(b) The municipal election commissioners, in 42
conjunction with the municipal clerk, shall perform all the duties 43
in respect to the municipal election prescribed by law to be 44
performed by the county election commissioners where not otherwise 45
provided. The election commissioners shall, in case there be but 46
one (1) election precinct in the municipality, act as poll 47
managers themselves. Each of the commissioners must attend a 48
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training seminar provided by the Secretary of State and 49
satisfactorily complete a skills assessment. 50
(2) The city council or board of aldermen or other governing 51
authority of any municipality desiring to avail itself of the 52
provisions of the Mississippi Election Code regarding the duties 53
of municipal election commissioners shall adopt an ordinance 54
declaring its intention to enter into an agreement with the 55
municipality's county to have the county election commissioners 56
conduct municipal elections and other functions that are performed 57
by municipal election commissioners for the benefit of the 58
efficiency and conformity of elections, to be effective on and 59
after a date fixed in the ordinance which must be at least thirty 60
(30) days after the ordinance is adopted and on the first day of a 61
month. If the municipality is located in more than one (1) 62
county, the municipality shall choose which county it wants to 63
conduct its elections and other duties of its municipal election 64
commissioners and enter into an agreement with that county to have 65
that county's election commissioners conduct the municipal 66
elections and other functions that are performed by municipal 67
election commissioners for the benefit of the efficiency and 68
conformity of elections, to be effective on and after a date fixed 69
in the ordinance which must be at least thirty (30) days after the 70
ordinance is adopted and on the first day of a month. A certified 71
copy of this ordinance shall be immediately forwarded to the Chair 72
of the State Board of Election Commissioners. The municipal 73
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authorities shall have a copy of the ordinance published once a 74
week for three (3) consecutive weeks in at least one (1) newspaper 75
published in the municipality and having a general circulation 76
therein. The first publication shall be not less than 77
twenty-eight (28) days before the effective date fixed in the 78
ordinance, and the last publication shall be made not less than 79
seven (7) days before such date. If no newspaper is published in 80
the municipality, then notice shall be given by publishing the 81
ordinance for the required time in some newspaper published in the 82
same or an adjoining county having a general circulation in the 83
municipality. A copy of the ordinance shall also be posted at 84
three (3) public places in the municipality for a period of at 85
least twenty-one (21) days during the time of its publication in a 86
newspaper. The publication of the ordinance may be made as 87
provided in Section 21-17-19. Proof of publication must also be 88
furnished to the Chair of the State Board of Election 89
Commissioners. 90
(3) If a city council or board of aldermen or other 91
governing authority of any municipality adopts an ordinance to 92
abolish municipal election commissioners in the municipality's 93
county and authorize county election commissioners to conduct the 94
municipal election commissioners' duties, the county election 95
commissioners shall conduct all of the duties of the municipal 96
election commissioners including, but not limited to: 97
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(a) Canvass the results of bond elections in a 98
municipality; 99
(b) Canvass the returns of special and general 100
elections for mayor and councilmen and within five (5) days after 101
any special or general election, deliver to each person receiving 102
the highest number of votes a certificate of election; 103
(c) Certify to the Secretary of State the name or names 104
of the person or persons elected at special and general elections 105
within ten (10) days after any special or general election; 106
(d) Revise the primary pollbooks for municipalities at 107
the time and in the manner and in accordance with the laws now 108
fixed and in force for revising pollbooks, except they shall not 109
remove from the pollbook any person who is qualified to 110
participate in primary elections; 111
(e) Print the pollbooks that are to be used in 112
municipal elections; 113
(f) Print and distribute the "official ballots"; 114
(g) Perform the duties of poll managers in the event 115
there is only one (1) election precinct in the municipality; 116
(h) Perform any of the duties required of the municipal 117
executive committee pursuant to Section 23-15-239 if the municipal 118
executive committee has entered into a written agreement with the 119
municipal clerk or the municipal or county election commission 120
that gives such authorization; 121
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(i) Determine whether each party candidate in the 122
municipal general election is a qualified elector of the 123
municipality, and of the ward if the office sought is a ward 124
office, whether each candidate either meets all other 125
qualifications to hold the office he or she is seeking or presents 126
absolute proof that he or she will, subject to no contingencies, 127
meet all qualifications on or before the date of the general or 128
special election at which he or she could be elected to office, 129
and whether any candidate has been convicted of any felony in a 130
court of this state, or has been convicted on or after December 8, 131
1992, of any offense in another state which is a felony under the 132
laws of this state, or has been convicted of any felony in a 133
federal court on or after December 8, 1992; 134
(j) Declare each candidate elected without opposition, 135
if the candidate meets all the qualifications to hold the office 136
as determined pursuant to a review by the commission in accordance 137
with the provisions of paragraph (i) of this subsection (3); 138
(k) Canvass the returns for municipal elections 139
received from all voting precincts and within ten (10) days after 140
the election, deliver to each person receiving the highest number 141
of votes a certificate of election. If it shall appear that any 142
two (2) or more of the candidates receiving the highest number of 143
votes shall have received an equal number of votes, the election 144
shall be decided by the toss of a coin or by lot, fairly and 145
publicly drawn by the election commissioners; 146
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(l) Transmit the statement provided in Section 147
23-15-611 to the Secretary of State certifying the name or names 148
of the person or persons elected at municipal elections, and such 149
person or persons shall be issued commissions by the Governor; 150
(m) Receiving the filed document by any person desiring 151
to contest the qualifications of another person who has qualified 152
pursuant to the provisions of Section 23-15-361 as a candidate for 153
municipal office elected on the date designated by law for regular 154
municipal elections that specifically sets forth the grounds of 155
the challenge no later than thirty-one (31) days after the date of 156
the first primary election set forth in Section 23-15-309; and 157
(n) Perform all other duties with respect to the 158
municipal election prescribed by law. 159
(4) If the city council or board of aldermen or other 160
governing authority of any municipality does not desire to avail 161
itself of the provisions of the Mississippi Election Code 162
regarding the duties of municipal election commissioners, then 163
nothing in this section shall be construed in any way to affect, 164
alter or modify the existence of those municipal election 165
commissioners now operating under the laws relating to municipal 166
election commissioners provided in the Mississippi Code of 1972. 167
Those municipalities shall continue to enjoy the form of election 168
commissions and the conduct of the respective elections that are 169
now enjoyed by them, and each shall possess all rights, powers, 170
privileges and immunities granted and conferred under the laws 171
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relating to municipal election commissioners provided in the 172
Mississippi Code of 1972. 173
SECTION 2. Section 23-15-211, Mississippi Code of 1972, is 174
amended as follows: 175
23-15-211. (1) There shall be a State Board of Election 176
Commissioners to consist of the following members: 177
(a) The Governor, who shall serve as chair; 178
(b) The Secretary of State, who shall serve as 179
secretary, maintain minutes of all meetings and accept service of 180
process on behalf of the board; and 181
(c) The Attorney General. 182
Any two (2) of the members of the State Board of Election 183
Commissioners may perform the duties required of the board. 184
(2) The duties of the board shall include, but not be 185
limited to, the following: 186
(a) Ruling on a candidate's qualifications to run for 187
statewide, Supreme Court, Court of Appeals, congressional 188
district, circuit and chancery court district, and other state 189
district offices; 190
(b) Approving the state ballot for the offices stated 191
in paragraph (a) of this subsection (2); * * * 192
(c) Appointing members of a municipal election 193
commission, if necessary, as provided in Section 23-15-221; and 194
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( * * *d) Adopting any administrative rules and 195
regulations as are necessary to carry out the statutory duties of 196
the board. 197
(3) The board of supervisors of each county shall pay 198
members of the county election commission for attending training 199
events a per diem in the amount provided in Section 23-15-153; 200
however, except as otherwise provided in this section, the per 201
diem shall not be paid to an election commissioner for more than 202
twelve (12) days of training per year and shall only be paid to 203
election commissioners who actually attend and complete a training 204
event and obtain a training certificate. 205
(4) Included in this twelve (12) days shall be an elections 206
seminar, conducted and sponsored by the Secretary of State. 207
Election commissioners and chairpersons of each political party 208
executive committee, or their designee, shall be required to 209
attend. An election commissioner shall be certified by the 210
Secretary of State only after attending the annual elections 211
seminar and satisfactorily completing the skills assessment 212
provided for in Section 23-15-213. Such skills assessment shall 213
only be required once every four (4) years. 214
(5) Each participant shall receive a certificate from the 215
Secretary of State indicating that the named participant has 216
received the elections training seminar instruction and 217
satisfactorily completed the skills assessment provided for in 218
Section 23-15-213. Election commissioners shall annually file the 219
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certificate with the chancery clerk. If any election commissioner 220
shall fail to file the certificate by April 30 of each year, his 221
or her office shall be vacated, absent exigent circumstances as 222
determined by the board of supervisors and consistent with the 223
facts. The vacancy shall be declared by the board of supervisors 224
and the vacancy shall be filled in the manner described by law. 225
Before declaring the office vacant, the board of supervisors shall 226
give the election commissioner notice and the opportunity for a 227
hearing. 228
(6) The Secretary of State, upon approval of the board of 229
supervisors, may authorize not more than eight (8) additional 230
training days per year for election commissioners in one or more 231
counties. The board of supervisors of each county shall pay 232
members of the county election commission for attending training 233
on these days a per diem in the amount provided in Section 234
23-15-153. 235
SECTION 3. Section 23-15-611, Mississippi Code of 1972, is 236
brought forward as follows: 237
23-15-611. (1) In municipal elections, poll managers shall, 238
immediately upon the closing of the polls, count the ballots and 239
ascertain the number of votes cast in each voting precinct for 240
each of the candidates or ballot measures and make a return 241
thereof to the municipal election commissioners. On the day 242
following the election, the election commissioners shall canvass 243
the returns so received from all voting precincts and shall, 244
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within six (6) days after the election, deliver to each person 245
receiving the highest number of votes a certificate of election. 246
If it shall appear that any two (2) or more of the candidates 247
receiving the highest number of votes shall have received an equal 248
number of votes, the election shall be decided by a toss of a coin 249
or by lot fairly and publicly drawn under the direction of the 250
election commissioners. 251
(2) (a) Within six (6) days after any election, the 252
municipal election commissioners shall transmit a statement to the 253
Secretary of State certifying the name or names of the person or 254
persons elected, and such person or persons shall be issued 255
commissions by the Governor. The statement shall also include 256
vote totals for each candidate for each office and vote totals for 257
and against ballot measures, if any, including the vote totals for 258
each candidate and ballot measure in each precinct in the 259
municipality. 260
(b) The statements required by this subsection (2) 261
shall contain a certification, signed and dated by a majority of 262
the municipal election commissioners, which shall read as follows: 263
"We, the undersigned municipal election commissioners, do 264
hereby certify that this statement contains the official vote for 265
the election reflected therein." 266
(c) The statements required by this subsection (2) 267
shall be transmitted to the Secretary of State on such forms and 268
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by such methods as may be required by rules and regulations 269
promulgated by the Secretary of State. 270
(d) If the statement certifying the names of the 271
persons elected is not transmitted to the Secretary of State as 272
required by this subsection (2), the Secretary of State may issue 273
a show cause order directing the municipal election commissioners 274
to provide to the Secretary of State written response containing 275
the reasons for their failure to transmit the statement. The 276
municipal election commissioners shall file their response to the 277
show cause order with the Secretary of State within five (5) 278
working days after the issuance of the show cause order. If the 279
statement certifying the names of the persons elected is not 280
transmitted to the Secretary of State within five (5) working days 281
after the issuance of the show cause order, the Secretary of State 282
may petition a court of competent jurisdiction to compel the 283
municipal election commissioners to comply with this subsection 284
(2). If the statement certifying the names of the persons elected 285
is received by the Secretary of State within five (5) days after 286
the issuance of the show cause order, a response to the show cause 287
order shall not be required. 288
SECTION 4. Section 23-15-361, Mississippi Code of 1972, is 289
brought forward as follows: 290
23-15-361. (1) The municipal general election ballot shall 291
contain the names of all candidates who have been put in 292
nomination by the municipal primary election of any political 293
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party. There shall be printed on the ballots the names of all 294
persons so nominated, whether the nomination be otherwise known or 295
not, upon the written request of one or more of the candidates so 296
nominated, or of any qualified elector who will make oath that he 297
or she was a participant in the primary election, and that the 298
person whose name is presented by him or her was nominated by such 299
primary election. The municipal election commissioners who are 300
required to have the ballots printed, shall also have printed on 301
the ballot in any municipal general election the name of any 302
candidate who, not having been nominated by a political party, 303
shall have been requested to be a candidate for any office by a 304
petition filed with the clerk of the municipality no later than 305
5:00 p.m. on the same date by which candidates for nomination in 306
the municipal primary elections are required to pay the fee 307
provided for in Section 23-15-309, and signed by not less than the 308
following number of qualified electors: 309
(a) For an office elected by the qualified electors of 310
a municipality or a municipal district having a population of one 311
thousand (1,000) or more, not less than fifty (50) qualified 312
electors. 313
(b) For an office elected by the qualified electors of 314
a municipality or a municipal district having a population of less 315
than one thousand (1,000), not less than fifteen (15) qualified 316
electors. 317
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(2) Unless the petition required above shall be filed no 318
later than 5:00 p.m. on the same date by which candidates for 319
nomination in the municipal primary election are required to pay 320
the fee provided for in Section 23-15-309, the name of the person 321
requested to be a candidate, unless nominated by a political 322
party, shall not be placed upon the ballot. The ballot shall 323
contain the names of each candidate for each municipal office, and 324
the names shall be listed under the name of the political party 325
the candidate represents as provided by law and as certified to 326
the municipal clerk by the municipal executive committee of such 327
political party. In the event such candidate qualifies as an 328
independent as herein provided, he or she shall be listed on the 329
ballot as an independent candidate. 330
(3) The clerk of the municipality shall notify the municipal 331
election commissioners of all persons who have filed petitions 332
pursuant to subsection (1) of this section within two (2) business 333
days of the date of filing. 334
(4) The ballot in elections to fill vacancies in municipal 335
elective office shall contain the names of all persons who have 336
qualified as required by Section 23-15-857. 337
(5) The municipal election commission shall determine 338
whether each party candidate in the municipal general election is 339
a qualified elector of the municipality, and of the ward if the 340
office sought is a ward office and shall determine whether each 341
candidate either meets all other qualifications to hold the office 342
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he or she is seeking or presents absolute proof that he or she 343
will, subject to no contingencies, meet all qualifications on or 344
before the date of the general or special election at which he or 345
she could be elected to office. The municipal election commission 346
also shall determine whether any candidate has been convicted of 347
any felony in a court of this state, or has been convicted on or 348
after December 8, 1992, of any offense in another state which is a 349
felony under the laws of this state, or has been convicted of any 350
felony in a federal court on or after December 8, 1992. Excepted 351
from the above are convictions of manslaughter and violations of 352
the United States Internal Revenue Code or any violations of the 353
tax laws of this state unless such offense also involved misuse or 354
abuse of his or her office or money coming into his or her hands 355
by virtue of the office. If the municipal election commission 356
finds that a candidate either (a) is not a qualified elector, (b) 357
does not meet all qualifications to hold the office he or she 358
seeks and fails to provide absolute proof, subject to no 359
contingencies, that he or she will meet the qualifications on or 360
before the date of the general or special election at which he or 361
she could be elected, or (c) has been convicted of a felony as 362
described above and not pardoned, then the election commission 363
shall notify the candidate and give the candidate an opportunity 364
to be heard. The election commission shall mail notice to the 365
candidate at least three (3) business days before the hearing to 366
the address provided by the candidate on the qualifying forms, and 367
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the committee shall attempt to contact the candidate by telephone, 368
email and facsimile if the candidate provided this information on 369
the forms. If the candidate fails to appear at the hearing or to 370
prove he or she meets all qualifications to hold the office 371
subject to no contingencies, then the name of the candidate shall 372
not be placed upon the ballot. 373
(6) If after the deadline to qualify as a candidate for an 374
office or after the time for holding any party primary election 375
for an office, only one (1) person has duly qualified to be a 376
candidate for the office in the general election the name of that 377
person shall be placed on the ballot; provided, however, that if 378
not more than one (1) person has duly qualified to be a candidate 379
for each office on the general election ballot, the election for 380
all offices on the ballot shall be dispensed with and the 381
municipal election commission shall declare each candidate elected 382
without opposition if the candidate meets all the qualifications 383
to hold the office as determined pursuant to a review by the 384
election commission in accordance with the provisions of 385
subsection (5) of this section and if the candidate has filed all 386
required campaign finance disclosure reports as required by 387
Section 23-15-807. 388
SECTION 5. Section 21-9-19, Mississippi Code of 1972, is 389
brought forward as follows: 390
21-9-19. At all elections held to choose a mayor and 391
councilmen, or any of them, the choice of the person or persons 392
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voting shall be indicated and the ballots shall be marked in like 393
manner as is provided by law for general state and county 394
elections. 395
The poll managers at all special and general elections for 396
mayor and councilmen, or any of them, shall immediately, upon the 397
closing of the polls, count the ballots and ascertain the number 398
of votes cast in each voting precinct for each of the candidates 399
and make return thereof to the municipal election commissioners. 400
On the day following any special or general election, the 401
municipal election commissioners shall canvass the returns so 402
received from all the voting precincts, and shall within six (6) 403
business days after such special or general election, deliver to 404
each person receiving the highest number of votes a certificate of 405
election. If it shall appear by the returns that any two (2) 406
candidates for mayor or councilmen, have received an equal number 407
of votes, the election shall be decided by a toss of a coin or by 408
lot, fairly and publicly drawn under the direction of the election 409
commissioners, with the aid of a friend of each such candidates, 410
and a certificate of election shall be given accordingly. 411
The election commissioners shall, within ten (10) business 412
days after any special or general election, certify to the 413
Secretary of State the name or names of the person or persons 414
elected at such special or general election, and the Secretary of 415
State shall, immediately upon receiving such certificates, deliver 416
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ST: Municipal election commissioners; revise
appointments of.
the same to the Governor, who shall immediately issue commissions 417
to the persons mentioned in certificate. 418
SECTION 6. This act shall take effect and be in force from 419
and after July 1, 2026. 420