Qualifying to run for public office; prohibit use of post office box and require physical address of residence.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Norwood

SENATE BILL NO. 2347

AN ACT TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, 1
TO PROHIBIT THE USE OF A POST OFFICE BOX NUMBER AS A QUALIFYING 2
ADDRESS FOR A CANDIDATE FILING TO RUN FOR PUBLIC OFFICE; TO 3
REQUIRE THE CANDIDATE TO PROVIDE A PHYSICAL ADDRESS FOR HIS OR HER 4
PLACE OF RESIDENCE; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 23-15-359, Mississippi Code of 1972, is 7
amended as follows: 8
23-15-359. (1) Except as provided in this section, the 9
ballot shall contain the names of all party nominees certified by 10
the appropriate executive committee, and independent and special 11
election candidates who have timely filed petitions containing the 12
required signatures and assessments that must be paid pursuant to 13
Section 23-15-297, if the candidates and nominees meet all of the 14
qualifications to hold the office sought. A petition requesting 15
that an independent or special election candidate's name be placed 16
on the ballot for any office shall be filed as provided for in 17
subsection (3) or (4) of this section, as appropriate, and shall 18
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be signed by not less than the following number of qualified 19
electors: 20
(a) For an office elected by the state at large, not 21
less than one thousand (1,000) qualified electors. 22
(b) For an office elected by the qualified electors of 23
a Supreme Court district, not less than three hundred (300) 24
qualified electors. 25
(c) For an office elected by the qualified electors of 26
a congressional district, not less than two hundred (200) 27
qualified electors. 28
(d) For an office elected by the qualified electors of 29
a circuit or chancery court district, not less than one hundred 30
(100) qualified electors. 31
(e) For an office elected by the qualified electors of 32
a senatorial or representative district, not less than fifty (50) 33
qualified electors. 34
(f) For an office elected by the qualified electors of 35
a county, not less than fifty (50) qualified electors. 36
(g) For an office elected by the qualified electors of 37
a supervisors district, not less than fifteen (15) qualified 38
electors. 39
(h) For the Office of President of the United States, a 40
party nominee or independent candidate shall pay an assessment in 41
the amount of Two Thousand Five Hundred Dollars ($2,500.00). 42
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(2) (a) Unless the petition or fee, whichever is 43
applicable, required above shall be filed as provided for in 44
subsection (3), (4) or (5) of this section, as appropriate, the 45
name of the person requested to be a candidate, unless nominated 46
by a political party, shall not be placed upon the ballot. The 47
ballot shall contain the names of each candidate for each office, 48
and the names shall be listed under the name of the political 49
party that candidate represents, when applicable, as provided by 50
law and as certified to the circuit clerk by the state executive 51
committee of the political party. In the event the candidate 52
qualifies as an independent as provided in this section, he or she 53
shall be listed on the ballot as an independent candidate. 54
(b) The name of an independent or special election 55
candidate who dies before the printing of the ballots, shall not 56
be placed on the ballots. 57
(3) Petitions for offices described in paragraphs (a), (b), 58
(c), (d) and (e) of subsection (1) of this section shall be filed 59
with the Secretary of State, on a form prescribed by the Secretary 60
of State, by no later than 5:00 p.m. on the same date or business 61
day, as applicable, by which candidates are required to pay the 62
fee provided for in Section 23-15-297; and, no petition may be 63
filed before the date specified in Section 23-15-299. 64
(4) Petitions for offices described in paragraphs (f) and 65
(g) of subsection (1) of this section shall be filed with the 66
proper circuit clerk, on a form prescribed by the Secretary of 67
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State, by no later than 5:00 p.m. on the same date by which 68
candidates are required to pay the fee provided for in Section 69
23-15-297; however, no petition may be filed before January 1 of 70
the year in which the election for the office is held. The 71
circuit clerk shall notify the county election commissioners of 72
all persons who have filed petitions with the clerk. The 73
notification shall occur within two (2) business days and shall 74
contain all necessary information. 75
(5) A petition required under this section, or any other 76
petition for a special election, shall be accompanied by a 77
statement, on a form prescribed by the Secretary of State, 78
containing the name and physical address of the candidate, the 79
email address of the candidate, if any, and the office he or she 80
seeks. Each statement shall also require the candidate to certify 81
that he or she meets all the qualifications to hold the office he 82
or she seeks. 83
(6) The assessment for the office described in paragraph (h) 84
of subsection (1) of this section shall be paid to the Secretary 85
of State. The Secretary of State shall deposit any qualifying 86
fees received from candidates into the Elections Support Fund 87
established in Section 23-15-5. 88
(7) The election commissioners may also have printed upon 89
the ballot any local issue election matter that is authorized to 90
be held on the same date as the regular or general election 91
pursuant to Section 23-15-375; however, the ballot form of the 92
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local issue must be filed with the election commissioners by the 93
appropriate governing authority not less than sixty (60) days 94
before the date of the election. 95
(8) The provisions of this section shall not apply to 96
municipal elections or to the election of the offices of justice 97
of the Supreme Court, judge of the Court of Appeals, circuit 98
judge, chancellor, county court judge, justice court judge and 99
family court judge. 100
(9) Nothing in this section shall prohibit special elections 101
to fill vacancies in either house of the Legislature from being 102
held as provided in Section 23-15-851. In all elections conducted 103
under the provisions of Section 23-15-851, there shall be printed 104
on the ballot the name of any candidate who, not having been 105
nominated by a political party, shall have been requested to be a 106
candidate for any office by a petition filed with the Secretary of 107
State and signed by not less than fifty (50) qualified electors. 108
(10) (a) The appropriate election commission shall 109
determine the following: 110
(i) Whether each candidate is a qualified elector 111
of the state, state district, county or county district they seek 112
to serve; and 113
(ii) Whether each candidate meets all other 114
qualifications to hold the office he or she is seeking or presents 115
absolute proof that he or she will, subject to no contingencies, 116
meet all qualifications on or before the date of the general or 117
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special election at which he or she could be elected to office. 118
The election commission shall require any candidate for public 119
office to supply the physical address of his or her place of 120
residence and not a post office box number; and 121
(iii) Whether the candidate has taken the steps 122
necessary to qualify for more than one (1) office at the election; 123
and 124
(iv) Whether any candidate has been convicted of 125
any of the following: 126
1. Any felony in a court of this state, 127
2. On or after December 8, 1992, any offense 128
in another state which is a felony under the laws of this state, 129
3. Any felony in a federal court on or after 130
December 8, 1992, or 131
4. Any offense that involved the misuse or 132
abuse of his or her office or money coming into his or her hands 133
by virtue of the office. Excepted from the above are convictions 134
of manslaughter and violations of the United States Internal 135
Revenue Code or any violations of the tax laws of this state; and 136
(v) Whether the candidate has voted in any 137
election outside of the jurisdiction in which he or she seeks to 138
represent during the period in which the candidate is required to 139
have resided within the jurisdiction. If a candidate is found to 140
have voted in any election outside of the jurisdiction that he or 141
she seeks to represent during the period in which the candidate is 142
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required to have resided within the jurisdiction, the name of such 143
candidate shall not appear on the ballot. However, if a candidate 144
who votes in an election that he or she was properly registered 145
for is then subsequently redistricted into the jurisdiction that 146
he or she is currently seeking to represent, then he or she shall 147
not be disqualified as a candidate due to voting in an election 148
outside of his or her current jurisdiction during the required 149
residency period. 150
(b) If the appropriate election commission finds that a 151
candidate either (i) is not a qualified elector, (ii) does not 152
meet all qualifications to hold the office he or she seeks and 153
fails to provide absolute proof, subject to no contingencies, that 154
he or she will meet the qualifications on or before the date of 155
the general or special election at which he or she could be 156
elected, or (iii) has been convicted of a felony or other 157
disqualifying offense as described in paragraph (a) of this 158
subsection, and not pardoned, or (iv) has voted in any election 159
outside of the jurisdiction he or she is currently seeking to 160
represent during the period in which the candidate is required to 161
have resided within the jurisdiction, and is not subject to a 162
redistricting exception as stated in paragraph (a)(v) of this 163
subsection, then the election commission shall notify the 164
candidate and give the candidate an opportunity to be heard. The 165
election commission shall mail notice to the candidate at least 166
three (3) business days before the hearing to the address provided 167
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by the candidate on the qualifying forms, and the committee shall 168
attempt to contact the candidate by telephone, email and facsimile 169
if the candidate provided this information on the forms. If the 170
candidate fails to appear at the hearing or to prove that he or 171
she meets all qualifications to hold the office subject to no 172
contingencies, then the name of such candidate shall not be placed 173
upon the ballot. If the appropriate election commission 174
determines that the candidate has taken the steps necessary to 175
qualify for more than one (1) office at the election, the action 176
required by Section 23-15-905, shall be taken. The election 177
commission shall render a decision on whether the name of the 178
candidate shall appear on the ballot within five (5) days of the 179
hearing. 180
(c) (i) A candidate aggrieved by the decision of the 181
appropriate election commission may file a petition for judicial 182
review to the circuit court of the county in which the election 183
commission whose decision is being reviewed sits. Such petition 184
must be filed no later than ten (10) days after the decision of 185
the election commission. Such candidate filing for judicial 186
review shall give a cost bond in the sum of Three Hundred Dollars 187
($300.00) with two (2) or more sufficient sureties conditioned to 188
pay all costs in case his or her petition be dismissed, and an 189
additional bond may be required, by the court, if necessary, at 190
any subsequent stage of the proceedings. 191
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(ii) The circuit court with whom such a petition 192
for judicial review has been filed shall at the earliest possible 193
date set the matter for hearing. Notice shall be given to the 194
interested parties of the time set for hearing by the circuit 195
clerk. The hearing before the circuit court shall be de novo. 196
The matter shall be tried to the circuit judge, without a jury. 197
After hearing the evidence, the circuit judge shall determine 198
whether the candidate whose qualifications have been challenged is 199
legally qualified to have his or her name placed upon the ballot 200
in question. The circuit judge may, upon disqualification of any 201
such candidate, order that such candidate shall bear the court 202
costs of the proceedings. 203
(iii) Within three (3) days after judgment is 204
rendered by the circuit court, the contestant or contestee, or 205
both, may file an appeal in the Supreme Court upon giving a cost 206
bond in the sum of Three Hundred Dollars ($300.00), together with 207
a bill of exceptions that states the point or points of law at 208
issue with a sufficient synopsis of the facts to fully disclose 209
the bearing and relevancy of such points of law. The bill of 210
exceptions shall be signed by the trial judge, or in case of his 211
or her absence, refusal or disability, by two (2) disinterested 212
attorneys, as is provided by law in other cases of bills of 213
exception. The filing of such appeals shall automatically suspend 214
the decision of the circuit court and the appropriate election 215
officials are entitled to proceed based upon their decision unless 216
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the Supreme Court, in its discretion, stays further proceedings in 217
the matter. The appeal shall be immediately docketed in the 218
Supreme Court and referred to the court en banc upon briefs 219
without oral argument unless the court shall call for oral 220
argument, and shall be decided at the earliest possible date, as a 221
preference case over all others. The Supreme Court shall have the 222
authority to grant such relief as is appropriate under the 223
circumstances. 224
(iv) The procedure set forth above shall be the 225
sole and only manner in which a candidate may appeal the 226
appropriate election commission's decision to not place the 227
candidate's name on the ballot under this section. These 228
provisions do not interfere with the rights of other persons to 229
challenge the decision of the appropriate election commission to 230
place the name of the candidate on the ballot in accordance with 231
Section 23-15-963. After any person assumes an elective office, 232
his or her qualifications to hold that office may be contested as 233
otherwise provided by law. 234
(11) If after the deadline to qualify as a candidate for an 235
office or after the time for holding any party primary for an 236
office, only one (1) person has duly qualified to be a candidate 237
for the office in the general election, the name of that person 238
shall be placed on the ballot; provided, however, that if not more 239
than one (1) person duly qualified to be a candidate for each 240
office on the general election ballot, the election for all 241
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ST: Qualifying to run for public office;
prohibit use of post office box and require
physical address of residence.
offices on the ballot shall be dispensed with and the appropriate 242
election commission shall declare each candidate elected without 243
opposition if the candidate meets all the qualifications to hold 244
the office as determined pursuant to a review by the election 245
commission in accordance with the provisions of subsection (9) of 246
this section and if the candidate has filed all required campaign 247
finance disclosure reports as required by Section 23-15-807. 248
(12) The documents required by this section may not be filed 249
by using the Internet. 250
SECTION 2. This act shall take effect and be in force from 251
and after July 1, 2026. 252