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Mississippi Statutes § 23-15-833 Special elections to fill vacancies in county, county district, and district attorney offices, and office of circuit judge or chancellor

⤴ Up to Article 25: Vacancies in Office

Statute Text

Effective Until 1/1/2025

Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, a runoff election shall be held three (3) weeks after the election. The two (2) candidates who receive the highest popular votes for the office shall have their names submitted as the candidates to the runoff and the candidate who leads in the runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in the runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.

Source

Derived from 1972 Code § 23-5-203 [Codes, 1880, § 158; 1892, § 3685; 1906, § 4193; Hemingway's 1917, § 6827; 1930, § 6267; 1942, § 3296; Laws, 1954, ch. 356; Laws, 1984, ch. 465, § 1; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 249; Laws, 2007 , ch. 434 , § 1 ; Laws, 2011 , ch. 509 , § 3 , eff. 7/26/2011 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

History

Brought forward by Laws, 2024 , ch. 451 , HB 1035 , § 10 , eff. 7/1/2024 .

Amended by Laws, 2017 , ch. 441 , HB 467 , 133 , eff. 7/1/2017 .

Effective Starting 1/1/2025

Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, a runoff election shall be held [* * *] four (4) weeks after the election. The two (2) candidates who receive the highest popular votes for the office shall have their names submitted as the candidates to the runoff and the candidate who leads in the runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in the runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.

Source

Derived from 1972 Code § 23-5-203 [Codes, 1880, § 158; 1892, § 3685; 1906, § 4193; Hemingway's 1917, § 6827; 1930, § 6267; 1942, § 3296; Laws, 1954, ch. 356; Laws, 1984, ch. 465, § 1; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 249; Laws, 2007 , ch. 434 , § 1 ; Laws, 2011 , ch. 509 , § 3 , eff. 7/26/2011 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

History

Amended by Laws, 2024 , ch. 513 , SB 2144 , § 4 , eff. 1/1/2025 .

Brought forward by Laws, 2024 , ch. 451 , HB 1035 , § 10 , eff. 7/1/2024 .

Amended by Laws, 2017 , ch. 441 , HB 467 , 133 , eff. 7/1/2017 .

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Prior Versions of This Statute