Elections; repeal ban on convicted felons voting or running for office.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2212

AN ACT TO REPEAL ANY BAN ON CONVICTED FELONS VOTING OR 1
RUNNING FOR OFFICE IN THE STATE OF MISSISSIPPI; TO REPEAL SECTIONS 2
23-15-19 AND 23-15-151, MISSISSIPPI CODE OF 1972, WHICH REQUIRE 3
THAT ANY PERSON WHO HAS BEEN CONVICTED OF VOTE FRAUD OR ANY 4
DISENFRANCHISING CRIME SHALL NOT BE REGISTERED, OR SHALL BE 5
REMOVED FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; TO AMEND 6
SECTIONS 23-15-11, 23-15-153, 23-15-221, 23-15-299, 23-15-309, 7
23-15-359 AND 23-15-361, MISSISSIPPI CODE OF 1972, TO CONFORM; AND 8
FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. (1) A felony conviction shall not disqualify an 11
otherwise qualified elector from voting in any primary, runoff, 12
general or special election in this state, nor shall a felony 13
conviction disqualify an otherwise qualified candidate from 14
running for any elected office in the State of Mississippi. 15
(2) Any provision of law that conflicts with the provisions 16
of subsection (1) of this section shall be void hereafter. 17
SECTION 2. Section 23-15-11, Mississippi Code of 1972, is 18
amended as follows: 19
23-15-11. Every inhabitant of this state, except persons 20
adjudicated to be non compos mentis, who is a citizen of the 21
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United States of America, eighteen (18) years old and upwards, who 22
has resided in this state for thirty (30) days and for thirty (30) 23
days in the county in which he or she seeks to vote, and for 24
thirty (30) days in the incorporated municipality in which he or 25
she seeks to vote, and who has been duly registered as an elector 26
under Section 23-15-33, * * * shall be a qualified elector in and 27
for the county, municipality and voting precinct of his or her 28
residence, and shall be entitled to vote at any election upon 29
compliance with Section 23-15-563. If the thirtieth day to 30
register before an election falls on a Sunday or legal holiday, 31
the registration applications submitted on the business day 32
immediately following the Sunday or legal holiday shall be 33
accepted and entered in the Statewide Elections Management System 34
for the purpose of enabling voters to vote in the next election. 35
Any person who will be eighteen (18) years of age or older on or 36
before the date of the general election and who is duly registered 37
to vote not less than thirty (30) days before the primary election 38
associated with the general election, may vote in the primary 39
election even though the person has not reached his or her 40
eighteenth birthday at the time that the person seeks to vote at 41
the primary election. No others than those specified in this 42
section shall be entitled, or shall be allowed, to vote at any 43
election. 44
SECTION 3. Section 23-15-19, Mississippi Code of 1972, which 45
requires that any person who has been convicted of vote fraud or 46
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any disenfranchising crime shall not be registered, or shall be 47
removed from the Statewide Elections Management System, is 48
repealed. 49
SECTION 4. Section 23-15-151, Mississippi Code of 1972, 50
which calls for the circuit clerk to keep a list of individuals 51
convicted of vote fraud or other disenfranchising crimes and have 52
said named purged or otherwise removed by the county registrar or 53
county election commissioners from the Statewide Elections 54
Management System, is repealed. 55
SECTION 5. Section 23-15-153, Mississippi Code of 1972, is 56
amended as follows: 57
23-15-153. (1) At least during the following times, the 58
election commissioners shall meet at the office of the registrar 59
or the office of the election commissioners to carefully revise 60
the county voter roll as electronically maintained by the 61
Statewide Elections Management System and remove from the roll the 62
names of all voters who have requested to be purged from the voter 63
roll, died, received an adjudication of non compos mentis, * * * 64
failed to comply with the provisions of Section 23-15-152, or 65
otherwise become disqualified as electors for any cause, and shall 66
register the names of all persons who have duly applied to be 67
registered but have been illegally denied registration: 68
(a) On the Tuesday after the second Monday in January 69
1987 and every following year; 70
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(b) On the first Tuesday in the month immediately 71
preceding the first primary election for members of Congress in 72
the years when members of Congress are elected; 73
(c) On the first Monday in the month immediately 74
preceding the first primary election for state, state district 75
legislative, county and county district offices in the years in 76
which those offices are elected; and 77
(d) On the second Monday of September preceding the 78
general election or regular special election day in years in which 79
a general election is not conducted. 80
Except for the names of those voters who are duly qualified 81
to vote in the election, no name shall be permitted to remain in 82
the Statewide Elections Management System; however, no name shall 83
be purged from the Statewide Elections Management System based on 84
a change in the residence of an elector except in accordance with 85
procedures provided for by the National Voter Registration Act of 86
1993 and as provided in Section 23-15-152. Except as otherwise 87
provided by Section 23-15-573, no person shall vote at any 88
election whose name is not in the county voter roll electronically 89
maintained by the Statewide Elections Management System. 90
(2) Except as provided in this section, and subject to the 91
following annual limitations, the election commissioners shall be 92
entitled to receive a per diem in the amount of One Hundred Ten 93
Dollars ($110.00), to be paid from the county general fund, for 94
every day or period of no less than five (5) hours accumulated 95
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over two (2) or more days actually employed in the performance of 96
their duties in the conduct of an election or actually employed in 97
the performance of their duties for the necessary time spent in 98
the revision of the county voter roll as electronically maintained 99
by the Statewide Elections Management System as required in 100
subsection (1) of this section: 101
(a) In counties having less than fifteen thousand 102
(15,000) residents according to the latest federal decennial 103
census, not more than fifty (50) days per year, with no more than 104
fifteen (15) additional days allowed for the conduct of each 105
election in excess of one (1) occurring in any calendar year; 106
(b) In counties having fifteen thousand (15,000) 107
residents according to the latest federal decennial census but 108
less than thirty thousand (30,000) residents according to the 109
latest federal decennial census, not more than seventy-five (75) 110
days per year, with no more than twenty-five (25) additional days 111
allowed for the conduct of each election in excess of one (1) 112
occurring in any calendar year; 113
(c) In counties having thirty thousand (30,000) 114
residents according to the latest federal decennial census but 115
less than seventy thousand (70,000) residents according to the 116
latest federal decennial census, not more than one hundred (100) 117
days per year, with no more than thirty-five (35) additional days 118
allowed for the conduct of each election in excess of one (l) 119
occurring in any calendar year; 120
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(d) In counties having seventy thousand (70,000) 121
residents according to the latest federal decennial census but 122
less than ninety thousand (90,000) residents according to the 123
latest federal decennial census, not more than one hundred 124
twenty-five (125) days per year, with no more than forty-five (45) 125
additional days allowed for the conduct of each election in excess 126
of one (1) occurring in any calendar year; 127
(e) In counties having ninety thousand (90,000) 128
residents according to the latest federal decennial census but 129
less than one hundred seventy thousand (170,000) residents 130
according to the latest federal decennial census, not more than 131
one hundred fifty (150) days per year, with no more than 132
fifty-five (55) additional days allowed for the conduct of each 133
election in excess of one (1) occurring in any calendar year; 134
(f) In counties having one hundred seventy thousand 135
(170,000) residents according to the latest federal decennial 136
census but less than two hundred thousand (200,000) residents 137
according to the latest federal decennial census, not more than 138
one hundred seventy-five (175) days per year, with no more than 139
sixty-five (65) additional days allowed for the conduct of each 140
election in excess of one (1) occurring in any calendar year; 141
(g) In counties having two hundred thousand (200,000) 142
residents according to the latest federal decennial census but 143
less than two hundred twenty-five thousand (225,000) residents 144
according to the latest federal decennial census, not more than 145
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one hundred ninety (190) days per year, with no more than 146
seventy-five (75) additional days allowed for the conduct of each 147
election in excess of one (l) occurring in any calendar year; 148
(h) In counties having two hundred twenty-five thousand 149
(225,000) residents according to the latest federal decennial 150
census but less than two hundred fifty thousand (250,000) 151
residents according to the latest federal decennial census, not 152
more than two hundred fifteen (215) days per year, with no more 153
than eighty-five (85) additional days allowed for the conduct of 154
each election in excess of one (1) occurring in any calendar year; 155
(i) In counties having two hundred fifty thousand 156
(250,000) residents according to the latest federal decennial 157
census but less than two hundred seventy-five thousand (275,000) 158
residents according to the latest federal decennial census, not 159
more than two hundred thirty (230) days per year, with no more 160
than ninety-five (95) additional days allowed for the conduct of 161
each election in excess of one (1) occurring in any calendar year; 162
(j) In counties having two hundred seventy-five 163
thousand (275,000) residents according to the latest federal 164
decennial census or more, not more than two hundred forty (240) 165
days per year, with no more than one hundred five (105) additional 166
days allowed for the conduct of each election in excess of one (l) 167
occurring in any calendar year. 168
(3) In addition to the number of days authorized in 169
subsection (2) of this section, the board of supervisors of a 170
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county may authorize, in its discretion, the election 171
commissioners to receive a per diem in the amount provided for in 172
subsection (2) of this section, to be paid from the county general 173
fund, for every day or period of no less than five (5) hours 174
accumulated over two (2) or more days actually employed in the 175
performance of their duties in the conduct of an election or 176
actually employed in the performance of their duties for the 177
necessary time spent in the revision of the county voter roll as 178
electronically maintained by the Statewide Elections Management 179
System as required in subsection (1) of this section, not to 180
exceed five (5) days. 181
(4) (a) The election commissioners shall be entitled to 182
receive a per diem in the amount of One Hundred Ten Dollars 183
($110.00), to be paid from the county general fund, not to exceed 184
ten (10) days for every day or period of no less than five (5) 185
hours accumulated over two (2) or more days actually employed in 186
the performance of their duties for the necessary time spent in 187
the revision of the county voter roll as electronically maintained 188
by the Statewide Elections Management System before any special 189
election. For purposes of this paragraph, the regular special 190
election day shall not be considered a special election. The 191
annual limitations set forth in subsection (2) of this section 192
shall not apply to this paragraph. 193
(b) The election commissioners shall be entitled to 194
receive a per diem in the amount of One Hundred Sixty-five Dollars 195
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($165.00), to be paid from the county general fund, for the 196
performance of their duties on the day of any primary, runoff, 197
general or special election; however, the board of supervisors 198
may, in its discretion, pay the election commissioners an 199
additional amount not to exceed Thirty-five Dollars ($35.00) per 200
election. The annual limitations set forth in subsection (2) of 201
this section shall apply to this paragraph. 202
(5) The election commissioners shall be entitled to receive 203
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 204
be paid from the county general fund, not to exceed fourteen (14) 205
days for every day or period of no less than five (5) hours 206
accumulated over two (2) or more days actually employed in the 207
performance of their duties for the necessary time spent in the 208
revision of the county voter roll as electronically maintained by 209
the Statewide Elections Management System and in the conduct of a 210
runoff election following either a general or special election. 211
(6) The election commissioners shall be entitled to receive 212
only one (1) per diem payment for those days when the election 213
commissioners discharge more than one (1) duty or responsibility 214
on the same day. 215
(7) The election commissioners shall be entitled to receive 216
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 217
be paid from the county general fund, not to exceed five (5) days 218
for every day or period of no less than five (5) hours accumulated 219
over two (2) or more days for those days when the election 220
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commissioners shall be required to conduct an audit of an election 221
as provided in Section 23-15-615. 222
(8) In preparation for a municipal primary, runoff, general 223
or special election, the county registrar shall generate and 224
distribute the master voter roll and pollbooks from the Statewide 225
Elections Management System for the municipality located within 226
the county. The municipality shall pay the county registrar for 227
the actual cost of preparing and printing the municipal master 228
voter roll pollbooks. A municipality may secure "read only" 229
access to the Statewide Elections Management System and print its 230
own pollbooks using this information. 231
(9) County election commissioners who perform the duties of 232
an executive committee with regard to the conduct of a primary 233
election under a written agreement authorized by law to be entered 234
into with an executive committee shall receive per diem as 235
provided for in subsection (2) of this section. The days that 236
county election commissioners are employed in the conduct of a 237
primary election shall be treated the same as days county election 238
commissioners are employed in the conduct of other elections. 239
(10) In addition to any per diem authorized by this section, 240
any election commissioner shall be entitled to the mileage 241
reimbursement rate allowable to federal employees for the use of a 242
privately owned vehicle while on official travel on election day. 243
(11) Every election commissioner shall sign personally a 244
certification setting forth the number of hours actually worked in 245
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the performance of the commissioner's official duties and for 246
which the commissioner seeks compensation. The certification must 247
be on a form as prescribed in this subsection. The commissioner's 248
signature is, as a matter of law, made under the commissioner's 249
oath of office and under penalties of perjury. 250
The certification form shall be as follows: 251
COUNTY ELECTION COMMISSIONER 252
PER DIEM CLAIM FORM 253
NAME: ____________________________ COUNTY: _______________ 254
ADDRESS: _________________________ DISTRICT: _____________ 255
CITY: ______________ ZIP: ________ 256
PURPOSE APPLICABLE ACTUAL PER DIEM 257
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 258
WORKED TIME TIME WORK SECTION WORKED EARNED 259
________________________________________________________________ 260
________________________________________________________________ 261
________________________________________________________________ 262
TOTAL NUMBER OF PER DIEM DAYS EARNED 263
EXCLUDING ELECTION DAYS ________ 264
PER DIEM RATE PER DAY EARNED X $110.00 265
TOTAL NUMBER PER DIEM DAYS EARNED 266
FOR ELECTION DAYS ________ 267
PER DIEM RATE PER DAY EARNED X $165.00 268
BOARD OF SUPERVISORS ELECTION DAY 269
DISCRETIONARY ADDITION(S) 270
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TO PER DIEM RATE PER DAY EARNED X $35.00 271
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 272
I understand that I am signing this document under my oath as 273
an election commissioner and under penalties of perjury. 274
I understand that I am requesting payment from taxpayer funds 275
and that I have an obligation to be specific and truthful as to 276
the amount of hours worked and the compensation I am requesting. 277
Signed this the _____ day of ______________, ____. 278
________________________ 279
Commissioner's Signature 280
When properly completed and signed, the certification must be 281
filed with the clerk of the county board of supervisors before any 282
payment may be made. The certification will be a public record 283
available for inspection and reproduction immediately upon the 284
oral or written request of any person. 285
Any person may contest the accuracy of the certification in 286
any respect by notifying the chair of the commission, any member 287
of the board of supervisors or the clerk of the board of 288
supervisors of the contest at any time before or after payment is 289
made. If the contest is made before payment is made, no payment 290
shall be made as to the contested certificate until the contest is 291
finally disposed of. The person filing the contest shall be 292
entitled to a full hearing, and the clerk of the board of 293
supervisors shall issue subpoenas upon request of the contestor 294
compelling the attendance of witnesses and production of documents 295
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and things. The contestor shall have the right to appeal de novo 296
to the circuit court of the involved county, which appeal must be 297
perfected within thirty (30) days from a final decision of the 298
commission, the clerk of the board of supervisors or the board of 299
supervisors, as the case may be. 300
Any contestor who successfully contests any certification 301
will be awarded all expenses incident to his or her contest, 302
together with reasonable attorney's fees, which will be awarded 303
upon petition to the chancery court of the involved county upon 304
final disposition of the contest before the election commission, 305
board of supervisors, clerk of the board of supervisors, or, in 306
case of an appeal, final disposition by the court. The 307
commissioner against whom the contest is decided shall be liable 308
for the payment of the expenses and attorney's fees, and the 309
county shall be jointly and severally liable for same. 310
(12) Any election commissioner who has not received a 311
certificate issued by the Secretary of State pursuant to Section 312
23-15-211 indicating that the election commissioner has received 313
the required elections seminar instruction and that the election 314
commissioner is fully qualified to conduct an election, shall not 315
receive any compensation authorized by this section or Section 316
23-15-239. 317
SECTION 6. Section 23-15-221, Mississippi Code of 1972, is 318
amended as follows: 319
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23-15-221. (1) The governing authorities of municipalities 320
having a population of less than twenty thousand (20,000) 321
inhabitants according to the last federal decennial census shall 322
appoint three (3) election commissioners; the governing 323
authorities of municipalities having a population of twenty 324
thousand (20,000) inhabitants or more and less than one hundred 325
thousand (100,000) inhabitants according to the last federal 326
decennial census shall appoint five (5) election commissioners; 327
and the governing authorities of municipalities having a 328
population of one hundred thousand (100,000) or more according to 329
the last federal decennial census shall appoint seven (7) election 330
commissioners. The municipal election commissioners, in 331
conjunction with the municipal clerk, shall perform all the duties 332
in respect to the municipal election prescribed by law to be 333
performed by the county election commissioners where not otherwise 334
provided. The election commissioners shall, in case there be but 335
one (1) election precinct in the municipality, act as poll 336
managers themselves. 337
(2) The city council or board of aldermen or other governing 338
authority of any municipality desiring to avail itself of the 339
provisions of the Mississippi Election Code regarding the duties 340
of municipal election commissioners shall adopt an ordinance 341
declaring its intention to enter into an agreement with the 342
municipality's county to have the county election commissioners 343
conduct municipal elections and other functions that are performed 344
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by municipal election commissioners for the benefit of the 345
efficiency and conformity of elections, to be effective on and 346
after a date fixed in the ordinance which must be at least thirty 347
(30) days after the ordinance is adopted and on the first day of a 348
month. If the municipality is located in more than one (1) 349
county, the municipality shall choose which county it wants to 350
conduct its elections and other duties of its municipal election 351
commissioners and enter into an agreement with that county to have 352
that county's election commissioners conduct the municipal 353
elections and other functions that are performed by municipal 354
election commissioners for the benefit of the efficiency and 355
conformity of elections, to be effective on and after a date fixed 356
in the ordinance which must be at least thirty (30) days after the 357
ordinance is adopted and on the first day of a month. A certified 358
copy of this ordinance shall be immediately forwarded to the Chair 359
of the State Board of Election Commissioners. The municipal 360
authorities shall have a copy of the ordinance published once a 361
week for three (3) consecutive weeks in at least one (1) newspaper 362
published in the municipality and having a general circulation 363
therein. The first publication shall be not less than 364
twenty-eight (28) days before the effective date fixed in the 365
ordinance, and the last publication shall be made not less than 366
seven (7) days before such date. If no newspaper is published in 367
the municipality, then notice shall be given by publishing the 368
ordinance for the required time in some newspaper published in the 369
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same or an adjoining county having a general circulation in the 370
municipality. A copy of the ordinance shall also be posted at 371
three (3) public places in the municipality for a period of at 372
least twenty-one (21) days during the time of its publication in a 373
newspaper. The publication of the ordinance may be made as 374
provided in Section 21-17-19. Proof of publication must also be 375
furnished to the Chair of the State Board of Election 376
Commissioners. 377
(3) If a city council or board of aldermen or other 378
governing authority of any municipality adopts an ordinance to 379
abolish municipal election commissioners in the municipality's 380
county and authorize county election commissioners to conduct the 381
municipal election commissioners' duties, the county election 382
commissioners shall conduct all of the duties of the municipal 383
election commissioners including, but not limited to: 384
(a) Canvass the results of bond elections in a 385
municipality; 386
(b) Canvass the returns of special and general 387
elections for mayor and councilmen and within five (5) days after 388
any special or general election, deliver to each person receiving 389
the highest number of votes a certificate of election; 390
(c) Certify to the Secretary of State the name or names 391
of the person or persons elected at special and general elections 392
within ten (10) days after any special or general election; 393
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(d) Revise the primary pollbooks for municipalities at 394
the time and in the manner and in accordance with the laws now 395
fixed and in force for revising pollbooks, except they shall not 396
remove from the pollbook any person who is qualified to 397
participate in primary elections; 398
(e) Print the pollbooks that are to be used in 399
municipal elections; 400
(f) Print and distribute the "official ballots"; 401
(g) Perform the duties of poll managers in the event 402
there is only one (1) election precinct in the municipality; 403
(h) Perform any of the duties required of the municipal 404
executive committee pursuant to Section 23-15-239 if the municipal 405
executive committee has entered into a written agreement with the 406
municipal clerk or the municipal or county election commission 407
that gives such authorization; 408
(i) Determine whether each party candidate in the 409
municipal general election is a qualified elector of the 410
municipality, and of the ward if the office sought is a ward 411
office, whether each candidate either meets all other 412
qualifications to hold the office he or she is seeking or presents 413
absolute proof that he or she will, subject to no contingencies, 414
meet all qualifications on or before the date of the general or 415
special election at which he or she could be elected to 416
office * * *; 417
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(j) Declare each candidate elected without opposition, 418
if the candidate meets all the qualifications to hold the office 419
as determined pursuant to a review by the commission in accordance 420
with the provisions of paragraph (i) of this subsection (3); 421
(k) Canvass the returns for municipal elections 422
received from all voting precincts and within ten (10) days after 423
the election, deliver to each person receiving the highest number 424
of votes a certificate of election. If it shall appear that any 425
two (2) or more of the candidates receiving the highest number of 426
votes shall have received an equal number of votes, the election 427
shall be decided by the toss of a coin or by lot, fairly and 428
publicly drawn by the election commissioners; 429
(l) Transmit the statement provided in Section 430
23-15-611 to the Secretary of State certifying the name or names 431
of the person or persons elected at municipal elections, and such 432
person or persons shall be issued commissions by the Governor; 433
(m) Receiving the filed document by any person desiring 434
to contest the qualifications of another person who has qualified 435
pursuant to the provisions of Section 23-15-361 as a candidate for 436
municipal office elected on the date designated by law for regular 437
municipal elections that specifically sets forth the grounds of 438
the challenge no later than thirty-one (31) days after the date of 439
the first primary election set forth in Section 23-15-309; and 440
(n) Perform all other duties with respect to the 441
municipal election prescribed by law. 442
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(4) If the city council or board of aldermen or other 443
governing authority of any municipality does not desire to avail 444
itself of the provisions of the Mississippi Election Code 445
regarding the duties of municipal election commissioners, then 446
nothing in this section shall be construed in any way to affect, 447
alter or modify the existence of those municipal election 448
commissioners now operating under the laws relating to municipal 449
election commissioners provided in the Mississippi Code of 1972. 450
Those municipalities shall continue to enjoy the form of election 451
commissions and the conduct of the respective elections that are 452
now enjoyed by them, and each shall possess all rights, powers, 453
privileges and immunities granted and conferred under the laws 454
relating to municipal election commissioners provided in the 455
Mississippi Code of 1972. 456
SECTION 7. Section 23-15-299, Mississippi Code of 1972, is 457
amended as follows: 458
23-15-299. (1) (a) Assessments made pursuant to subsection 459
(1)(a), (b), (c) and (d) of Section 23-15-297 shall be paid by 460
each candidate who seeks a nomination in the political party 461
election to the secretary of the state executive committee with 462
which the candidate is affiliated by 5:00 p.m. on February 1 of 463
the year in which the primary election for the office is held or 464
on the date of the qualifying deadline provided by statute for the 465
office, whichever is earlier; however, no such assessments may be 466
paid before January 1 of the year in which the primary election 467
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for the office is held. If February 1 or the date of the 468
qualifying deadline provided by statute for the office occurs on a 469
Saturday, Sunday or legal holiday, then the assessments required 470
to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the 471
business day immediately following the Saturday, Sunday or legal 472
holiday. 473
(b) Assessments made pursuant to subsection (3)(a), (b) 474
and (c) of Section 23-15-297 shall be paid by each independent 475
candidate or special election candidate to the Secretary of State 476
by 5:00 p.m. on February 1 of the year in which the primary 477
election for the office is held or on the date of the qualifying 478
deadline provided by statute for the office, whichever is earlier; 479
however, no such assessments may be paid before January 1 of the 480
year in which the primary election for the office is held. If 481
February 1 or the date of the qualifying deadline provided by 482
statute for the office occurs on a Saturday, Sunday or legal 483
holiday, then the assessments required to be paid by this 484
paragraph (b) shall be paid by 5:00 p.m. on the business day 485
immediately following the Saturday, Sunday or legal holiday. 486
(2) (a) Assessments made pursuant to subsection (1)(e) and 487
(f) of Section 23-15-297, shall be paid by each candidate who 488
seeks a nomination in the political party election to the circuit 489
clerk of that candidate's county of residence by 5:00 p.m. on 490
February 1 of the year in which the primary election for the 491
office is held or on the date of the qualifying deadline provided 492
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by statute for the office, whichever is earlier; however, no such 493
assessments may be paid before January 1 of the year in which the 494
election for the office is held. If February 1 or the date of the 495
qualifying deadline provided by statute for the office occurs on a 496
Saturday, Sunday or legal holiday, then the assessments required 497
to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the 498
business day immediately following the Saturday, Sunday or legal 499
holiday. The circuit clerk shall forward the fee and all 500
necessary information to the secretary of the proper county 501
executive committee within two (2) business days. No candidate 502
may attempt to qualify with any political party that does not have 503
a duly organized county executive committee, and the circuit clerk 504
shall not accept any assessments paid for nonlegislative offices 505
pursuant to subsection (1)(e) and (f) of Section 23-15-297 if the 506
circuit clerk does not have contact information for the secretary 507
of the county executive committee for that political party. 508
(b) Assessments made pursuant to subsection (3)(d) and 509
(e) of Section 23-15-297 shall be paid by each independent 510
candidate or special election candidate to the circuit clerk of 511
that candidate's county of residence by 5:00 p.m. on February 1 of 512
the year in which the primary election for the office is held or 513
on the date of the qualifying deadline provided by statute for the 514
office, whichever is earlier; however, no such assessments may be 515
paid before January 1 of the year in which the primary election 516
for the office is held. If February 1 or the date of the 517
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qualifying deadline provided by statute for the office occurs on a 518
Saturday, Sunday or legal holiday, then the assessments required 519
to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the 520
business day immediately following the Saturday, Sunday or legal 521
holiday. The circuit clerk shall forward the fee and all 522
necessary information to the secretary of the proper county 523
election commission within two (2) business days. 524
(3) (a) Assessments made pursuant to subsection (1)(g) and 525
(h) of Section 23-15-297 must be paid by each candidate who seeks 526
a nomination in the political party election to the secretary of 527
the state executive committee with which the candidate is 528
affiliated by 5:00 p.m. seventy-five (75) days before the 529
congressional preference primary; however, no such assessments may 530
be paid before December 1 of the year before the primary election 531
for the office is held. If seventy-five (75) days before the 532
congressional preference primary in years in which a congressional 533
preference primary occurs on a Saturday, Sunday or legal holiday, 534
then the assessments required to be paid by this paragraph (a) 535
shall be paid by 5:00 p.m. on the business day immediately 536
following the Saturday, Sunday or legal holiday. 537
(b) Assessments made pursuant to subsection (3)(f) and 538
(g) of Section 23-15-297 must be paid by each independent 539
candidate or special election candidate to the Secretary of State 540
by 5:00 p.m. seventy-five (75) days before the congressional 541
preference primary in years in which a congressional preference 542
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primary is held; however, no such assessments may be paid before 543
December 1 of the year in which the primary election for the 544
office is held. If seventy-five (75) days before the 545
congressional preference primary occurs on a Saturday, Sunday or 546
legal holiday, then the assessments required to be paid by this 547
paragraph (b) shall be paid by 5:00 p.m. on the business day 548
immediately following the Saturday, Sunday or legal holiday. 549
(4) (a) The fees paid pursuant to subsections (1), (2) and 550
(3) of this section shall be accompanied by an affidavit under 551
penalty of perjury containing the name, physical address of the 552
candidate's residence, the party with which he or she is 553
affiliated, if applicable, the candidate's phone number, the email 554
address of the candidate, if any, and the office for which he or 555
she is a candidate. Such affidavit shall require the candidate to 556
certify that he or she meets all qualifications for the office for 557
which he or she is a candidate. 558
(b) The state executive committee shall transmit to the 559
Secretary of State a copy of the written statements and required 560
documents accompanying the fees paid pursuant to subsections (1) 561
and (2) of this section. All copies must be received by the 562
Office of the Secretary of State by not later than 6:00 p.m. on 563
the date of the qualifying deadline; provided, however, the 564
failure of the Office of the Secretary of State to receive such 565
copies by 6:00 p.m. on the date of the qualifying deadline shall 566
not affect the qualification of a person who pays the required fee 567
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and files the required statement and the required documents by 568
5:00 p.m. on the date of the qualifying deadline. The Secretary 569
of State shall assess a Five Hundred Dollar ($500.00) fine to any 570
state executive committee that fails to transmit any written 571
statements and other required documents and accompanying fees to 572
the Secretary of State by 6:00 p.m. on the date of the qualifying 573
deadline. Such fine shall be assessed for each written statement 574
and other required documents and fees that were not turned in to 575
the Office of the Secretary of State by 6:00 p.m.; however, in no 576
case shall the total fines assessed to a state executive committee 577
exceed Two Thousand Five Hundred Dollars ($2,500.00) for a 578
particular qualifying deadline. The Secretary of State shall 579
deposit any fines received from any state executive committee into 580
the Elections Support Fund established in Section 23-15-5. The 581
name of any person who pays the required fee and files the 582
required statement and documents after 5:00 p.m. on the date of 583
the qualifying deadline shall not be placed on the primary 584
election ballot or the general election ballot. 585
(5) The Secretary of State or the secretary or circuit clerk 586
to whom such payments are made shall promptly receipt for same 587
stating the office for which the candidate making payment is 588
running and the political party with which he or she is 589
affiliated, if applicable, and he or she shall keep an itemized 590
account in detail showing the exact time and date of the receipt 591
of each payment received by him or her and, where applicable, the 592
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date of the postmark on the envelope containing the fee and from 593
whom, and for what office the party paying same is a candidate. 594
(6) The secretaries of the proper executive committee shall 595
hold the funds to be finally disposed of by order of their 596
respective executive committees. The funds may be used or 597
disbursed by the executive committee receiving same to pay all 598
necessary traveling or other necessary expenses of the members of 599
the executive committee incurred in discharging their duties as 600
committee members, and of their secretary and may pay the 601
secretary such salary as may be reasonable. The Secretary of 602
State shall deposit any qualifying fees received from candidates 603
into the Elections Support Fund established in Section 23-15-5. 604
(7) (a) Upon receipt of the proper fee and all necessary 605
information, the proper executive committee or the Secretary of 606
State, whichever is applicable, shall then determine the 607
following: 608
(i) Whether each candidate is a qualified elector 609
of the state, state district, county or county district which they 610
seek to serve; and 611
(ii) Whether each candidate meets all other 612
qualifications to hold the office he or she is seeking or presents 613
absolute proof that he or she will, subject to no contingencies, 614
meet all qualifications on or before the date of the general or 615
special election at which he or she could be elected to office; 616
and 617
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(iii) Whether the candidate has taken the steps 618
necessary to qualify for more than one (1) office at the election; 619
and 620
* * * 621
( * * *iv) Whether the candidate has voted in any 622
election outside of the jurisdiction in which he or she seeks to 623
represent during the period in which the candidate is required to 624
have resided within the jurisdiction. If a candidate is found to 625
have voted in any election outside of the jurisdiction that he or 626
she seeks to represent during the period in which the candidate is 627
required to have resided within the jurisdiction, the name of such 628
candidate shall not appear on the ballot. However, if a candidate 629
who votes in an election that he or she was properly registered 630
for is then subsequently redistricted into the jurisdiction that 631
he or she is currently seeking to represent, then he or she shall 632
not be disqualified as a candidate due to voting in an election 633
outside of his or her current jurisdiction during the required 634
residency period. 635
(b) The proper executive committee or the Secretary of 636
State, whichever is applicable, shall make the determinations in 637
paragraph (a) of this subsection within the following time 638
periods: 639
(i) Five (5) days of the qualifying deadline 640
during presidential preference primary elections; or 641
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(ii) Fifteen (15) days of the qualifying deadline 642
for federal mid-term elections; or 643
(iii) Thirty (30) days of the qualifying deadline 644
during statewide elections. 645
If the proper executive committee or the Secretary of State, 646
whichever is applicable, finds that a candidate either (i) is not 647
a qualified elector, or (ii) does not meet all qualifications to 648
hold the office he or she seeks and fails to provide absolute 649
proof, subject to no contingencies, that he or she will meet the 650
qualifications on or before the date of the general or special 651
election at which he or she could be elected, * * * then the 652
executive committee shall notify the candidate and give the 653
candidate an opportunity to be heard. The executive committee 654
shall mail notice to the candidate at least three (3) business 655
days before the hearing to the address provided by the candidate 656
on the qualifying forms, and the committee shall attempt to 657
contact the candidate by telephone, email and facsimile if the 658
candidate provided this information on the forms. If the 659
candidate fails to appear at the hearing or to prove that he or 660
she meets all qualifications to hold the office subject to no 661
contingencies, then the name of that candidate shall not be placed 662
upon the ballot. 663
(c) If the proper executive committee or the Secretary 664
of State, whichever is applicable, determines that the candidate 665
has taken the steps necessary to qualify for more than one (1) 666
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office at the election, the action required by Section 23-15-905, 667
shall be taken. 668
(d) Where there is but one (1) candidate for each 669
office contested at the primary election, the proper executive 670
committee or the Secretary of State, whichever is applicable, when 671
the time has expired within which the names of candidates shall be 672
furnished shall declare such candidates the nominees. 673
(8) No candidate may qualify by filing the information 674
required by this section by using the internet. 675
SECTION 8. Section 23-15-309, Mississippi Code of 1972, is 676
amended as follows: 677
23-15-309. (1) Nominations for all municipal officers which 678
are elective shall be made at a primary election, or elections, to 679
be held in the manner prescribed by law. All persons desiring to 680
be candidates for the nomination in the primary elections shall 681
first pay Ten Dollars ($10.00) to the clerk of the municipality, 682
at least sixty (60) days before the first primary election, no 683
later than 5:00 p.m. on such deadline day. If the sixtieth day to 684
file the fee and written statement before an election falls on a 685
Sunday or legal holiday, the fees and written statements submitted 686
on the business day immediately following the Sunday or legal 687
holiday shall be accepted. 688
(2) The fee paid pursuant to subsection (1) of this section 689
shall be accompanied by a written statement containing the name 690
and address of the candidate, the party with which he or she is 691
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affiliated, the email address of the candidate, if any, and the 692
office for which he or she is a candidate. 693
(3) The clerk shall promptly receipt the payment, stating 694
the office for which the person making the payment is running and 695
the political party with which such person is affiliated. The 696
clerk shall keep an itemized account in detail showing the time 697
and date of the receipt of such payment received by him or her, 698
from whom such payment was received, the party with which such 699
person is affiliated and for what office the person paying the fee 700
is a candidate. No candidate may attempt to qualify with any 701
political party that does not have a duly organized municipal 702
executive committee, and the municipal clerk shall not accept any 703
assessments made pursuant to subsection (1) if the municipal clerk 704
does not have contact information for the secretary of the 705
municipal executive committee for that political party. The clerk 706
shall promptly supply all necessary information and pay over all 707
fees so received to the secretary of the proper municipal 708
executive committee. The funds may be used and disbursed in the 709
same manner as is allowed in Section 23-15-299 in regard to other 710
executive committees. 711
(4) Upon receipt of the above information, the proper 712
municipal executive committee shall then determine, at the time of 713
the qualifying deadline, whether each candidate is a qualified 714
elector of the municipality, and of the ward if the office sought 715
is a ward office, shall determine whether each candidate either 716
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meets all other qualifications to hold the office he or she is 717
seeking or presents absolute proof that he or she will, subject to 718
no contingencies, meet all qualifications on or before the date of 719
the general or special election at which he or she could be 720
elected to office. The executive committee shall determine 721
whether the candidate has taken the steps necessary to qualify for 722
more than one (1) office at the election. * * * If the proper 723
municipal executive committee finds that a candidate either * * * 724
does not meet all qualifications to hold the office he or she 725
seeks and fails to provide absolute proof, subject to no 726
contingencies, that he or she will meet the qualifications on or 727
before the date of the general or special election at which he or 728
she could be elected, * * * then the executive committee shall 729
notify the candidate and give the candidate an opportunity to be 730
heard. The executive committee shall mail notice to the candidate 731
at least three (3) business days before the hearing to the address 732
provided by the candidate on the qualifying forms, and the 733
committee shall attempt to contact the candidate by telephone, 734
email and facsimile if the candidate provided this information on 735
the forms. If the candidate fails to appear at the hearing or to 736
prove he or she meets all qualifications to hold the office 737
subject to no contingencies, then the name of such candidate shall 738
not be placed upon the ballot. If the executive committee 739
determines that the candidate has taken the steps necessary to 740
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qualify for more than one (1) office at the election, the action 741
required by Section 23-15-905, shall be taken. 742
(5) Where there is but one (1) candidate, the proper 743
municipal executive committee when the time has expired within 744
which the names of candidates shall be furnished shall declare 745
such candidate the nominee. 746
SECTION 9. Section 23-15-359, Mississippi Code of 1972, is 747
amended as follows: 748
23-15-359. (1) Except as provided in this section, the 749
ballot shall contain the names of all party nominees certified by 750
the appropriate executive committee, and independent and special 751
election candidates who have timely filed petitions containing the 752
required signatures and assessments that must be paid pursuant to 753
Section 23-15-297, if the candidates and nominees meet all of the 754
qualifications to hold the office sought. A petition requesting 755
that an independent or special election candidate's name be placed 756
on the ballot for any office shall be filed as provided for in 757
subsection (3) or (4) of this section, as appropriate, and shall 758
be signed by not less than the following number of qualified 759
electors: 760
(a) For an office elected by the state at large, not 761
less than one thousand (1,000) qualified electors. 762
(b) For an office elected by the qualified electors of 763
a Supreme Court district, not less than three hundred (300) 764
qualified electors. 765
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(c) For an office elected by the qualified electors of 766
a congressional district, not less than two hundred (200) 767
qualified electors. 768
(d) For an office elected by the qualified electors of 769
a circuit or chancery court district, not less than one hundred 770
(100) qualified electors. 771
(e) For an office elected by the qualified electors of 772
a senatorial or representative district, not less than fifty (50) 773
qualified electors. 774
(f) For an office elected by the qualified electors of 775
a county, not less than fifty (50) qualified electors. 776
(g) For an office elected by the qualified electors of 777
a supervisors district, not less than fifteen (15) qualified 778
electors. 779
(h) For the Office of President of the United States, a 780
party nominee or independent candidate shall pay an assessment in 781
the amount of Two Thousand Five Hundred Dollars ($2,500.00). 782
(2) (a) Unless the petition or fee, whichever is 783
applicable, required above shall be filed as provided for in 784
subsection (3), (4) or (5) of this section, as appropriate, the 785
name of the person requested to be a candidate, unless nominated 786
by a political party, shall not be placed upon the ballot. The 787
ballot shall contain the names of each candidate for each office, 788
and the names shall be listed under the name of the political 789
party that candidate represents as provided by law and as 790
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certified to the circuit clerk by the state executive committee of 791
the political party. In the event the candidate qualifies as an 792
independent as provided in this section, he or she shall be listed 793
on the ballot as an independent candidate. 794
(b) The name of an independent or special election 795
candidate who dies before the printing of the ballots, shall not 796
be placed on the ballots. 797
(3) Petitions for offices described in paragraphs (a), (b), 798
(c), (d) and (e) of subsection (1) of this section shall be filed 799
with the Secretary of State, on a form prescribed by the Secretary 800
of State, by no later than 5:00 p.m. on the same date or business 801
day, as applicable, by which candidates are required to pay the 802
fee provided for in Section 23-15-297; and, no petition may be 803
filed before the date specified in Section 23-15-299. 804
(4) Petitions for offices described in paragraphs (f) and 805
(g) of subsection (1) of this section shall be filed with the 806
proper circuit clerk, on a form prescribed by the Secretary of 807
State, by no later than 5:00 p.m. on the same date by which 808
candidates are required to pay the fee provided for in Section 809
23-15-297; however, no petition may be filed before January 1 of 810
the year in which the election for the office is held. The 811
circuit clerk shall notify the county election commissioners of 812
all persons who have filed petitions with the clerk. The 813
notification shall occur within two (2) business days and shall 814
contain all necessary information. 815
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(5) A petition required under this section, or any other 816
petition for a special election, shall be accompanied by a 817
statement, on a form prescribed by the Secretary of State, 818
containing the name and physical address of the candidate, the 819
email address of the candidate, if any, and the office he or she 820
seeks. Each statement shall also require the candidate to certify 821
that he or she meets all the qualifications to hold the office he 822
or she seeks. 823
(6) The assessment for the office described in paragraph (h) 824
of subsection (1) of this section shall be paid to the Secretary 825
of State. The Secretary of State shall deposit any qualifying 826
fees received from candidates into the Elections Support Fund 827
established in Section 23-15-5. 828
(7) The election commissioners may also have printed upon 829
the ballot any local issue election matter that is authorized to 830
be held on the same date as the regular or general election 831
pursuant to Section 23-15-375; however, the ballot form of the 832
local issue must be filed with the election commissioners by the 833
appropriate governing authority not less than sixty (60) days 834
before the date of the election. 835
(8) The provisions of this section shall not apply to 836
municipal elections or to the election of the offices of justice 837
of the Supreme Court, judge of the Court of Appeals, circuit 838
judge, chancellor, county court judge, justice court judge and 839
family court judge. 840
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(9) Nothing in this section shall prohibit special elections 841
to fill vacancies in either house of the Legislature from being 842
held as provided in Section 23-15-851. In all elections conducted 843
under the provisions of Section 23-15-851, there shall be printed 844
on the ballot the name of any candidate who, not having been 845
nominated by a political party, shall have been requested to be a 846
candidate for any office by a petition filed with the Secretary of 847
State and signed by not less than fifty (50) qualified electors. 848
(10) (a) The appropriate election commission shall 849
determine the following: 850
(i) Whether each candidate is a qualified elector 851
of the state, state district, county or county district they seek 852
to serve; and 853
(ii) Whether each candidate meets all other 854
qualifications to hold the office he or she is seeking or presents 855
absolute proof that he or she will, subject to no contingencies, 856
meet all qualifications on or before the date of the general or 857
special election at which he or she could be elected to office; 858
and 859
(iii) Whether the candidate has taken the steps 860
necessary to qualify for more than one (1) office at the election; 861
and 862
* * * 863
( * * *iv) Whether the candidate has voted in any 864
election outside of the jurisdiction in which he or she seeks to 865
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represent during the period in which the candidate is required to 866
have resided within the jurisdiction. If a candidate is found to 867
have voted in any election outside of the jurisdiction that he or 868
she seeks to represent during the period in which the candidate is 869
required to have resided within the jurisdiction, the name of such 870
candidate shall not appear on the ballot. However, if a candidate 871
who votes in an election that he or she was properly registered 872
for is then subsequently redistricted into the jurisdiction that 873
he or she is currently seeking to represent, then he or she shall 874
not be disqualified as a candidate due to voting in an election 875
outside of his or her current jurisdiction during the required 876
residency period. 877
(b) If the appropriate election commission finds that a 878
candidate either (i) is not a qualified elector, (ii) does not 879
meet all qualifications to hold the office he or she seeks and 880
fails to provide absolute proof, subject to no contingencies, that 881
he or she will meet the qualifications on or before the date of 882
the general or special election at which he or she could be 883
elected, * * * or ( * * *iii) has voted in any election outside of 884
the jurisdiction he or she is currently seeking to represent 885
during the period in which the candidate is required to have 886
resided within the jurisdiction, and is not subject to a 887
redistricting exception as stated in paragraph (a)(v) of this 888
subsection, then the election commission shall notify the 889
candidate and give the candidate an opportunity to be heard. The 890
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election commission shall mail notice to the candidate at least 891
three (3) business days before the hearing to the address provided 892
by the candidate on the qualifying forms, and the committee shall 893
attempt to contact the candidate by telephone, email and facsimile 894
if the candidate provided this information on the forms. If the 895
candidate fails to appear at the hearing or to prove that he or 896
she meets all qualifications to hold the office subject to no 897
contingencies, then the name of such candidate shall not be placed 898
upon the ballot. If the appropriate election commission 899
determines that the candidate has taken the steps necessary to 900
qualify for more than one (1) office at the election, the action 901
required by Section 23-15-905, shall be taken. The election 902
commission shall render a decision on whether the name of the 903
candidate shall appear on the ballot within five (5) days of the 904
hearing. 905
(c) (i) A candidate aggrieved by the decision of the 906
appropriate election commission may file a petition for judicial 907
review to the circuit court of the county in which the election 908
commission whose decision is being reviewed sits. Such petition 909
must be filed no later than ten (10) days after the decision of 910
the election commission. Such candidate filing for judicial 911
review shall give a cost bond in the sum of Three Hundred Dollars 912
($300.00) with two (2) or more sufficient sureties conditioned to 913
pay all costs in case his or her petition be dismissed, and an 914
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additional bond may be required, by the court, if necessary, at 915
any subsequent stage of the proceedings. 916
(ii) The circuit court with whom such a petition 917
for judicial review has been filed shall at the earliest possible 918
date set the matter for hearing. Notice shall be given to the 919
interested parties of the time set for hearing by the circuit 920
clerk. The hearing before the circuit court shall be de novo. 921
The matter shall be tried to the circuit judge, without a jury. 922
After hearing the evidence, the circuit judge shall determine 923
whether the candidate whose qualifications have been challenged is 924
legally qualified to have his or her name placed upon the ballot 925
in question. The circuit judge may, upon disqualification of any 926
such candidate, order that such candidate shall bear the court 927
costs of the proceedings. 928
(iii) Within three (3) days after judgment is 929
rendered by the circuit court, the contestant or contestee, or 930
both, may file an appeal in the Supreme Court upon giving a cost 931
bond in the sum of Three Hundred Dollars ($300.00), together with 932
a bill of exceptions that states the point or points of law at 933
issue with a sufficient synopsis of the facts to fully disclose 934
the bearing and relevancy of such points of law. The bill of 935
exceptions shall be signed by the trial judge, or in case of his 936
or her absence, refusal or disability, by two (2) disinterested 937
attorneys, as is provided by law in other cases of bills of 938
exception. The filing of such appeals shall automatically suspend 939
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the decision of the circuit court and the appropriate election 940
officials are entitled to proceed based upon their decision unless 941
the Supreme Court, in its discretion, stays further proceedings in 942
the matter. The appeal shall be immediately docketed in the 943
Supreme Court and referred to the court en banc upon briefs 944
without oral argument unless the court shall call for oral 945
argument, and shall be decided at the earliest possible date, as a 946
preference case over all others. The Supreme Court shall have the 947
authority to grant such relief as is appropriate under the 948
circumstances. 949
(iv) The procedure set forth above shall be the 950
sole and only manner in which a candidate may appeal the 951
appropriate election commission's decision to not place the 952
candidate's name on the ballot under this section. These 953
provisions do not interfere with the rights of other persons to 954
challenge the decision of the appropriate election commission to 955
place the name of the candidate on the ballot in accordance with 956
Section 23-15-963. After any person assumes an elective office, 957
his or her qualifications to hold that office may be contested as 958
otherwise provided by law. 959
(11) If after the deadline to qualify as a candidate for an 960
office or after the time for holding any party primary for an 961
office, only one (1) person has duly qualified to be a candidate 962
for the office in the general election, the name of that person 963
shall be placed on the ballot; provided, however, that if not more 964
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PAGE 40 (ab\tb)

than one (1) person duly qualified to be a candidate for each 965
office on the general election ballot, the election for all 966
offices on the ballot shall be dispensed with and the appropriate 967
election commission shall declare each candidate elected without 968
opposition if the candidate meets all the qualifications to hold 969
the office as determined pursuant to a review by the election 970
commission in accordance with the provisions of subsection (9) of 971
this section and if the candidate has filed all required campaign 972
finance disclosure reports as required by Section 23-15-807. 973
(12) The documents required by this section may not be filed 974
by using the internet. 975
SECTION 10. Section 23-15-361, Mississippi Code of 1972, is 976
amended as follows: 977
23-15-361. (1) The municipal general election ballot shall 978
contain the names of all candidates who have been put in 979
nomination by the municipal primary election of any political 980
party. There shall be printed on the ballots the names of all 981
persons so nominated, whether the nomination be otherwise known or 982
not, upon the written request of one or more of the candidates so 983
nominated, or of any qualified elector who will make oath that he 984
or she was a participant in the primary election, and that the 985
person whose name is presented by him or her was nominated by such 986
primary election. The municipal election commissioners who are 987
required to have the ballots printed, shall also have printed on 988
the ballot in any municipal general election the name of any 989
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candidate who, not having been nominated by a political party, 990
shall have been requested to be a candidate for any office by a 991
petition filed with the clerk of the municipality no later than 992
5:00 p.m. on the same date by which candidates for nomination in 993
the municipal primary elections are required to pay the fee 994
provided for in Section 23-15-309, and signed by not less than the 995
following number of qualified electors: 996
(a) For an office elected by the qualified electors of 997
a municipality or a municipal district having a population of one 998
thousand (1,000) or more, not less than fifty (50) qualified 999
electors. 1000
(b) For an office elected by the qualified electors of 1001
a municipality or a municipal district having a population of less 1002
than one thousand (1,000), not less than fifteen (15) qualified 1003
electors. 1004
(2) Unless the petition required above shall be filed no 1005
later than 5:00 p.m. on the same date by which candidates for 1006
nomination in the municipal primary election are required to pay 1007
the fee provided for in Section 23-15-309, the name of the person 1008
requested to be a candidate, unless nominated by a political 1009
party, shall not be placed upon the ballot. The ballot shall 1010
contain the names of each candidate for each municipal office, and 1011
the names shall be listed under the name of the political party 1012
the candidate represents as provided by law and as certified to 1013
the municipal clerk by the municipal executive committee of such 1014
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political party. In the event such candidate qualifies as an 1015
independent as herein provided, he or she shall be listed on the 1016
ballot as an independent candidate. 1017
(3) The clerk of the municipality shall notify the municipal 1018
election commissioners of all persons who have filed petitions 1019
pursuant to subsection (1) of this section within two (2) business 1020
days of the date of filing. 1021
(4) The ballot in elections to fill vacancies in municipal 1022
elective office shall contain the names of all persons who have 1023
qualified as required by Section 23-15-857. 1024
(5) The municipal election commission shall determine 1025
whether each party candidate in the municipal general election is 1026
a qualified elector of the municipality, and of the ward if the 1027
office sought is a ward office and shall determine whether each 1028
candidate either meets all other qualifications to hold the office 1029
he or she is seeking or presents absolute proof that he or she 1030
will, subject to no contingencies, meet all qualifications on or 1031
before the date of the general or special election at which he or 1032
she could be elected to office. * * * If the municipal election 1033
commission finds that a candidate either (a) is not a qualified 1034
elector * * * or (b) does not meet all qualifications to hold the 1035
office he or she seeks and fails to provide absolute proof, 1036
subject to no contingencies, that he or she will meet the 1037
qualifications on or before the date of the general or special 1038
election at which he or she could be elected, * * * then the 1039
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election commission shall notify the candidate and give the 1040
candidate an opportunity to be heard. The election commission 1041
shall mail notice to the candidate at least three (3) business 1042
days before the hearing to the address provided by the candidate 1043
on the qualifying forms, and the committee shall attempt to 1044
contact the candidate by telephone, email and facsimile if the 1045
candidate provided this information on the forms. If the 1046
candidate fails to appear at the hearing or to prove he or she 1047
meets all qualifications to hold the office subject to no 1048
contingencies, then the name of the candidate shall not be placed 1049
upon the ballot. 1050
(6) If after the deadline to qualify as a candidate for an 1051
office or after the time for holding any party primary election 1052
for an office, only one (1) person has duly qualified to be a 1053
candidate for the office in the general election the name of that 1054
person shall be placed on the ballot; provided, however, that if 1055
not more than one (1) person has duly qualified to be a candidate 1056
for each office on the general election ballot, the election for 1057
all offices on the ballot shall be dispensed with and the 1058
municipal election commission shall declare each candidate elected 1059
without opposition if the candidate meets all the qualifications 1060
to hold the office as determined pursuant to a review by the 1061
election commission in accordance with the provisions of 1062
subsection (5) of this section and if the candidate has filed all 1063
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PAGE 44 (ab\tb)
ST: Elections; repeal ban on convicted felons
voting or running for office.
required campaign finance disclosure reports as required by 1064
Section 23-15-807. 1065
SECTION 11. This act shall take effect and be in force from 1066
and after the date Senate Concurrent Resolution No. ___, 2026 1067
Regular Session, proposing an amendment to Section 241 and a 1068
repeal of Section 44 of the Mississippi Constitution of 1890, is 1069
approved by the voters. 1070