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Mississippi Statutes § 23-15-951 Filing of petition; designation of judges to hear election contests; trial by, and verdict of, jury; assumption of office

⤴ Up to Subarticle C: Contests of Other Elections

Statute Text

Except as otherwise provided by Section 23-15-955 or 23-15-961 , a person desiring to contest the election of another person returned as elected to any office within any county, may, within twenty (20) days after the election, file a petition in the office of the clerk of the circuit court of the county, setting forth the grounds upon which the election is contested. When such a petition is filed, the circuit clerk shall immediately notify, by registered letter, telegraph, telephone, or personally the Chief Justice of the Supreme Court or in his or her absence, or disability, some other Justice of the Supreme Court, who shall forthwith designate and notify a circuit judge or chancellor of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. The circuit clerk shall also cause a copy of such petition to be served upon the contestee, which shall serve as notice to such contestee.
The Supreme Court shall compile a list of judges throughout the state to hear such disputes before an election. The name of any judge selected to hear election day disputes shall be provided to the Secretary of State by the Chief Justice of the Supreme Court at the time the appointment is made, unless the Secretary of State is a party to the election day dispute to which the special circuit judge is appointed. It shall be the official duty of the designated circuit judge or chancellor to proceed to discharge the duty of hearing the contest at the earliest possible date. The date of the contest shall be fixed by the judge or chancellor, and the judge or chancellor shall provide reasonable notice to the contestant and the contestee of the date and time fixed for the contest. The judge or chancellor shall cause the contestant and contestee to be served in a reasonable manner. When the contestee is served, such contestee shall promptly file his or her answer, and cross-complaint, if the contestee has a cross-complaint.
The court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict of the jury shall find the person having the greatest number of legal votes at the election. If the jury shall find against the person returned elected, the clerk shall issue a certificate thereof; and the person in whose favor the jury shall find shall be commissioned by the Governor, and shall qualify and enter upon the duties of his or her office. Each party shall be allowed ten (10) peremptory challenges, and new trials shall be granted and costs awarded as in other cases. In case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty (20) days after the election, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his or her office.
A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955 . A person desiring to contest the qualifications of a candidate for nomination in a political party primary election shall comply with the provisions of Section 23-15-961 .

Source

Derived from 1972 Code § 23-5-187 [Codes, Hutchinson's 1848, ch. 7, art 7 (1); 1857, ch. 4, art 23; 1871, § 391; 1880, § 150; 1892, § 3679; 1906, § 4186; Hemingway's 1917, § 6820; 1930, § 6258; 1942, § 3287; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 291; Laws, 1988, ch. 577, § 5; Laws, 1999 , ch. 301 , § 13 ; Laws, 2000 , ch. 450 , § 1 , eff. 8/7/2000 (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. 462 , HB 1135 , § 2 , eff. 7/1/2024 .

Amended by Laws, 2013 , ch. 432 , HB 649 , 1 , eff. 10/22/2013 (the date that the U.S. Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

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Prior Versions of This Statute