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H. B. No. 36 *HR43/R1247* ~ OFFICIAL ~ G1/2
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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Scott
HOUSE BILL NO. 36
AN ACT TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT IF VACANCIES OCCUR IN A MUNICIPAL EXECUTIVE 2
COMMITTEE WITHIN NINETY DAYS OF A MUNICIPAL PRIMARY ELECTION, THE 3
STATE EXECUTIVE COMMITTEE SHALL FILL THE VACANCIES; TO REQUIRE A 4
PERSON APPOINTED TO A MUNICIPAL EXECUTIVE COMMITTEE BY THE STATE 5
EXECUTIVE COMMITTEE TO REMAIN IN THAT POSITION UNTIL THE NEXT 6
REGULAR ELECTION FOR EXECUTIVE COMMITTEES; TO BRING FORWARD 7
SECTIONS 23-15-309 AND 23-15-313, MISSISSIPPI CODE OF 1972, FOR 8
THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 23-15-171, Mississippi Code of 1972, is 11
amended as follows: 12
23-15-171. (1) Municipal primary elections shall be held on 13
the first Tuesday in April preceding the general municipal 14
election and, in the event a second primary shall be necessary, 15
such second primary shall be held on the fourth Tuesday in April 16
preceding such general municipal election. The candidate 17
receiving a majority of the votes cast in the election shall be 18
the party nominee. If no candidate shall receive a majority vote 19
at the election, the two (2) candidates receiving the highest 20
number of votes shall have their names placed on the ballot for 21
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the second primary election. The candidate receiving the most 22
votes cast in the second primary election shall be the party 23
nominee. However, if no candidate shall receive a majority vote 24
at the first primary, and there is a tie in the election of those 25
receiving the next highest vote, those candidates receiving the 26
next highest vote and the candidate receiving the highest vote 27
shall have their names placed on the ballot for the second primary 28
election, and whoever receives the most votes cast in the second 29
primary election shall be the party nominee. * * * Each municipal 30
executive committee shall have as many members as there are 31
elective officers of the municipality, and the members of the 32
municipal executive committee of each political party shall be 33
elected in the primary elections held for the nomination of 34
candidates for municipal offices. The provisions of this section 35
shall govern all municipal primary elections as far as applicable, 36
but the officers to prepare the ballots and the poll managers and 37
other officials of the primary election shall be appointed by the 38
municipal executive committee of the party holding the primary, 39
and the returns of such election shall be made to such municipal 40
executive committee. Vacancies in the executive committee shall 41
be filled by it; however, if a vacancy occurs within ninety (90) 42
days of a municipal primary election, the State Executive 43
Committee shall fill the vacancy. A person appointed to a 44
municipal executive committee by the State Executive Committee 45
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must remain in that position until the next regular election for 46
executive committees. 47
(2) * * * However, * * * in municipalities operating under a 48
special or private charter which fixes a time for holding 49
elections, other than the time fixed by Chapter 491, Laws of 1950, 50
the first primary election shall be held on the first Tuesday, two 51
(2) months before the time for holding the general election, as 52
fixed by the charter, and the second primary election, where 53
necessary, shall be held three (3) weeks after the first primary 54
election, unless the charter of any such municipality provides 55
otherwise, in which event the provisions of the special or private 56
charter shall prevail as to the time of holding such primary 57
elections. 58
(3) At the primary election, the municipal executive 59
committee shall perform the same duties as are specified by law 60
and performed by members of the county executive committee with 61
regard to state and county primary elections. All primary 62
elections in municipalities shall be held and conducted in the 63
same manner as is provided by law for state and county primary 64
elections. 65
SECTION 2. Section 23-15-309, Mississippi Code of 1972, is 66
brought forward as follows: 67
23-15-309. (1) Nominations for all municipal officers which 68
are elective shall be made at a primary election, or elections, to 69
be held in the manner prescribed by law. All persons desiring to 70
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be candidates for the nomination in the primary elections shall 71
first pay Ten Dollars ($10.00) to the clerk of the municipality, 72
at least sixty (60) days before the first primary election, no 73
later than 5:00 p.m. on such deadline day. If the sixtieth day to 74
file the fee and written statement before an election falls on a 75
Sunday or legal holiday, the fees and written statements submitted 76
on the business day immediately following the Sunday or legal 77
holiday shall be accepted. 78
(2) The fee paid pursuant to subsection (1) of this section 79
shall be accompanied by a written statement containing the name 80
and address of the candidate, the party with which he or she is 81
affiliated, the email address of the candidate, if any, and the 82
office for which he or she is a candidate. 83
(3) The clerk shall promptly receipt the payment, stating 84
the office for which the person making the payment is running and 85
the political party with which such person is affiliated. The 86
clerk shall keep an itemized account in detail showing the time 87
and date of the receipt of such payment received by him or her, 88
from whom such payment was received, the party with which such 89
person is affiliated and for what office the person paying the fee 90
is a candidate. No candidate may attempt to qualify with any 91
political party that does not have a duly organized municipal 92
executive committee, and the municipal clerk shall not accept any 93
assessments made pursuant to subsection (1) if the municipal clerk 94
does not have contact information for the secretary of the 95
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municipal executive committee for that political party. The clerk 96
shall promptly supply all necessary information and pay over all 97
fees so received to the secretary of the proper municipal 98
executive committee. The funds may be used and disbursed in the 99
same manner as is allowed in Section 23-15-299 in regard to other 100
executive committees. 101
(4) Upon receipt of the above information, the proper 102
municipal executive committee shall then determine, at the time of 103
the qualifying deadline, whether each candidate is a qualified 104
elector of the municipality, and of the ward if the office sought 105
is a ward office, shall determine whether each candidate either 106
meets all other qualifications to hold the office he or she is 107
seeking or presents absolute proof that he or she will, subject to 108
no contingencies, meet all qualifications on or before the date of 109
the general or special election at which he or she could be 110
elected to office. The executive committee shall determine 111
whether the candidate has taken the steps necessary to qualify for 112
more than one (1) office at the election. The committee also 113
shall determine whether any candidate has been convicted of any 114
felony in a court of this state, or has been convicted on or after 115
December 8, 1992, of any offense in another state which is a 116
felony under the laws of this state, or has been convicted of any 117
felony in a federal court on or after December 8, 1992. Excepted 118
from the above are convictions of manslaughter and violations of 119
the United States Internal Revenue Code or any violations of the 120
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tax laws of this state unless such offense also involved misuse or 121
abuse of his or her office or money coming into his or her hands 122
by virtue of the office. If the proper municipal executive 123
committee finds that a candidate either (a) does not meet all 124
qualifications to hold the office he or she seeks and fails to 125
provide absolute proof, subject to no contingencies, that he or 126
she will meet the qualifications on or before the date of the 127
general or special election at which he or she could be elected, 128
or (b) has been convicted of a felony as described in this 129
subsection and not pardoned, then the executive committee shall 130
notify the candidate and give the candidate an opportunity to be 131
heard. The executive committee shall mail notice to the candidate 132
at least three (3) business days before the hearing to the address 133
provided by the candidate on the qualifying forms, and the 134
committee shall attempt to contact the candidate by telephone, 135
email and facsimile if the candidate provided this information on 136
the forms. If the candidate fails to appear at the hearing or to 137
prove he or she meets all qualifications to hold the office 138
subject to no contingencies, then the name of such candidate shall 139
not be placed upon the ballot. If the executive committee 140
determines that the candidate has taken the steps necessary to 141
qualify for more than one (1) office at the election, the action 142
required by Section 23-15-905, shall be taken. 143
(5) Where there is but one (1) candidate, the proper 144
municipal executive committee when the time has expired within 145
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which the names of candidates shall be furnished shall declare 146
such candidate the nominee. 147
SECTION 3. Section 23-15-313, Mississippi Code of 1972, is 148
brought forward as follows: 149
23-15-313. (1) If there be any political party, or parties, 150
in any municipality which shall not have a party executive 151
committee for such municipality, such political party, or parties, 152
shall within thirty (30) days of the date for which a candidate 153
for a municipal office is required to qualify in that municipality 154
select qualified electors of that municipality and of that party's 155
political faith to serve on a temporary municipal executive 156
committee until members of a municipal executive committee are 157
elected at the next regular election for executive committees. 158
The temporary municipal executive committee shall be selected in 159
the following manner: The chairman of the county executive 160
committee of the party desiring to select a temporary municipal 161
executive committee shall call, upon petition of five (5) or more 162
members of that political faith, a mass meeting of the qualified 163
electors of their political faith who reside in such municipality 164
to meet at some convenient place within such municipality, at a 165
time to be designated in the call, and at such mass convention the 166
members of that political faith shall select a temporary municipal 167
executive committee which shall serve until members of a municipal 168
executive committee are elected at the next regular election for 169
executive committees. The public shall be given notice of such 170
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mass meeting as provided in Section 23-15-315. The chairman of 171
the county executive committee shall authorize the call within 172
five (5) calendar days of receipt of the petition. If the 173
chairman of the county executive committee is either 174
incapacitated, unavailable or nonresponsive and does not authorize 175
the mass call within five (5) calendar days of receipt of the 176
petition, any elected officer of the county executive committee 177
may authorize the call within five (5) calendar days. If no 178
elected officer of the county executive committee acts to approve 179
such petition after an additional five (5) calendar days from the 180
date, the chair of the county executive committee not taking 181
action as provided by this section, the petitioners shall be 182
authorized to produce the call themselves. 183
(2) If no municipal executive committee is selected or 184
otherwise formed before an election, the county executive 185
committee may serve as the temporary municipal executive committee 186
and exercise all of the duties of the municipal executive 187
committee for the municipal election. After a county executive 188
committee has fulfilled its duties as the temporary municipal 189
executive committee, as soon as practicable thereafter, the county 190
executive committee shall select a municipal executive committee 191
no later than before the next municipal election. 192
(3) A person who has been convicted of a felony in a court 193
of this state or any other state or a court of the United States, 194
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ST: Municipal executive committee; revise
procedure for filing vacancies of.
shall be barred from serving as a member of a municipal executive 195
committee. 196
SECTION 4. This act shall take effect and be in force from 197
and after July 1, 2026. 198