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Mississippi Statutes § 23-15-849 Special elections to fill vacancies in office of justice of Supreme Court, judge of Court of Appeals, circuit judge, or chancellor; interim appointments

⤴ Up to Article 25: Vacancies in Office

Statute Text

(1) Vacancies in the office of circuit judge or chancellor shall be filled for the unexpired term by the qualified electors at the next regular special election occurring more than nine (9) months after the vacancy to be filled occurred, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following the election. Upon the occurrence of a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof until the vacancy is filled by election as provided in this subsection.
(2)
(a) If half or more than half of the term remains, vacancies in the office of justice of the Supreme Court or judge of the Court of Appeals shall be filled for the unexpired term by the qualified electors at the next regular election for state officers or for representatives in Congress occurring more than nine (9) months after the vacancy to be filled occurred, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following the election. If less than half of the term remains, vacancies in the office of justice of the Supreme Court or judge of the Court of Appeals shall be filled for the remaining unexpired term solely by appointment as provided in this subsection.
(b) Upon occurrence of a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof as follows:
(i) If less than half of the term remains, the appointee shall serve until expiration of the term;
(ii) If half or more than half of the term remains, the appointee shall serve until the vacancy is filled by election as provided in subsection (1) of this section for judges of the circuit and chancery courts. Elections to fill vacancies in the office of justice of the Supreme Court or judge of the Court of Appeals shall be held, conducted, returned and the persons elected commissioned in accordance with the law governing regular elections for justices of the Supreme Court or judges of the Court of Appeals to the extent applicable.

Source

Derived from 1972 Code § 23-5-247 [Codes, Hemingway's 1917, § 6855; 1930, § 6287; 1942, §§ 3190, 3316; Laws, 1916, ch. 161; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 257; Laws, 1993, ch. 518, § 29; Laws, 2002 , ch. 586 , § 1 ; Laws, 2011 , ch. 509 , § 4 , 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 , § 11 , eff. 7/1/2024 .

Amended by Laws, 2017 , ch. 441 , HB 467 , 138 , eff. 7/1/2017 .

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Prior Versions of This Statute