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SB2092 • 2026

Legislative offices; define vacancy.

AN ACT TO AMEND SECTION 23-15-851, MISSISSIPPI CODE OF 1972, TO PROVIDE WHAT OCCURRENCES CONSTITUTE A VACANCY IN EITHER HOUSE OF THE LEGISLATURE; AND FOR RELATED PURPOSES.

Elections
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Blackwell
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass, so there are no specific details on how it would have been implemented.

Define When a Legislative Seat is Empty

This bill changes the law to specify when a seat in the Mississippi Legislature becomes vacant.

What This Bill Does

  • Lists reasons why a member's seat in the legislature can become vacant, such as death or resignation of a member.
  • Explains that if an elected person ceases to be a legally registered voter for their district, their seat will be considered vacant.
  • States that if an elected person does something illegal or doesn't take their oath properly, their seat becomes vacant.
  • Requires the Governor to call a special election within 30 days of most vacancies.

Who It Names or Affects

  • Members of the Mississippi Legislature
  • The Governor of Mississippi

Terms To Know

Vacancy
When an elected position becomes empty because the person who held it can no longer serve.
Oath
A promise to do your job honestly and according to the law.

Limits and Unknowns

  • The bill did not pass, so these changes would not have happened.
  • It does not specify what happens if a vacancy occurs in an election year.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-08 Mississippi Legislative Bill Status System

    01/08 (S) Referred To Elections

Official Summary Text

Legislative offices; define vacancy.

Current Bill Text

Read the full stored bill text 
S. B. No. 2092 *SS36/R168* ~ OFFICIAL ~ G1/2
26/SS36/R168
PAGE 1 (ab\kr)

To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2092

AN ACT TO AMEND SECTION 23-15-851, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE WHAT OCCURRENCES CONSTITUTE A VACANCY IN EITHER HOUSE 2
OF THE LEGISLATURE; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 23-15-851, Mississippi Code of 1972, is 5
amended as follows: 6
23-15-851. (1) A vacancy shall occur in either house of the 7
Legislature due to any of the following events occurring: 8
(a) The death of a member; 9
(b) The resignation of a member. A vacancy caused by 10
resignation shall be deemed to occur upon the effective date of 11
the resignation; 12
(c) The impeachment of a member; 13
(d) The member ceases to be a legally registered voter 14
of the district for which he or she shall have been elected; 15
(e) The member failing to maintain a residence in the 16
district from which he or she has been elected to represent, with 17
the intent to not reside in said district; 18
S. B. No. 2092 *SS36/R168* ~ OFFICIAL ~
26/SS36/R168
PAGE 2 (ab\kr)
ST: Legislative offices; define vacancy.
(f) The member's conviction of a felony, or of any 19
offense involving a violation of his or her official oath; 20
(g) The member's refusal or neglect to take his or her 21
oath of office; or 22
(h) The entry of a decision of a competent tribunal 23
declaring void the member's election. 24
(2) Except as otherwise provided in subsection (2) of this 25
section, within thirty (30) days after vacancies occur in either 26
house of the Legislature, the Governor shall issue writs of 27
election to fill the vacancies on a day specified in the writ of 28
election. At least eighty-five (85) days' notice shall be given 29
of the election in each county or part of a county in which the 30
election shall be held. The qualifying deadline for the election 31
shall be seventy-five (75) days before the election. Notice of 32
the election shall be posted at the courthouse and in each 33
supervisor's district in the county or part of the county in which 34
such election shall be held for as near to seventy-five (75) days 35
as may be practicable. The election shall be prepared for and 36
held as in the case of a general election. 37
( * * *3) If a vacancy occurs in a calendar year in which 38
the general election for state officers is held, the Governor may 39
elect not to issue a writ of election to fill the vacancy. 40
SECTION 2. This act shall take effect and be in force from 41
and after July 1, 2026. 42