MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Apportionment and Elections
By: Representative Wilson
AN ACT TO AMEND SECTION 23-15-927, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR FILING AN ELECTION CONTEST FOR A PERSON DESIRING TO CONTEST THE ELECTION OF ANOTHER PERSON RETURNED AS THE NOMINEE OF THE PARTY OF ANY COUNTY OR COUNTY DISTRICT OFFICE OR ANY LEGISLATIVE, STATE, CONGRESSIONAL OR JUDICIAL DISTRICT; TO REMOVE THE AUTHORITY OF EXECUTIVE COMMITTEES TO HEAR ELECTION CONTESTS FOR PRIMARY ELECTIONS; TO REVISE THE PETITION THAT MUST BE SUBMITTED TO FILE A PRIMARY ELECTION CONTEST; TO AMEND SECTION 23-15-929, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CIRCUIT CLERK TO PROVIDE NOTICE BY EMAIL UPON THE FILING OF A PETITION IN A PRIMARY ELECTION CONTEST; TO AMEND SECTIONS 23-15-931 AND 23-15-933, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE SPECIAL TRIBUNAL IN A PRIMARY ELECTION CONTEST AND GIVE THAT DECISION-MAKING AUTHORITY TO THE JUDGE HEARING THE CONTEST; TO AMEND SECTIONS 23-15-951, 23-15-263, 23-15-913 AND 23-15-939, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-961, 23-15-963, 23-15-911, 23-15-937, 23-15-941 AND 23-15-953, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO REPEAL SECTIONS 23-15-921 AND 23-15-923, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE PROCESS FOR A PERSON DESIRING TO CONTEST THE ELECTIONS OF ANOTHER PERSON RETURNED AS THE NOMINEE OF THE PARTY TO ANY COUNTY OR COUNTY DISTRICT OFFICE OR AS THE NOMINEE OF A LEGISLATIVE, STATE, CONGRESSIONAL OR JUDICIAL DISTRICT; TO REPEAL SECTION 23-15-925, MISSISSIPPI CODE OF 1972, WHICH ALLOWS THE EXECUTIVE COMMITTEE TO SUBPOENA WITNESSES FOR A PRIMARY ELECTION CONTEST; TO REPEAL SECTION 23-15-935, MISSISSIPPI CODE OF 1972, WHICH REQUIRES ELECTION COMMISSIONERS TO ATTEND THE HEARINGS OF A PRIMARY ELECTION CONTEST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-927, Mississippi Code of 1972, is amended as follows:
23-15-927. * * * A candidate desiring to contest the
election of another person returned as the nominee of the party to any county
or county district office, municipal office, or as the nominee of a
legislative, statewide, or state or congressional district shall have the
right * * *
within twenty (20) days after the primary election to file in the
circuit court of the county in which the irregularities are charged to have
occurred, or, if more than one (1) county is involved, then in one (1) of the
counties, * * * a sworn petition, setting
forth with particularity * * *how the executive committee has wrongfully failed to act or to fully and
promptly investigate or has wrongfully denied the relief prayed by the contest,
with a prayer for a judicial review thereof. A petition for judicial review
must be filed within ten (10) days after any contest or complaint has been
filed with an executive committee. The petition for a judicial review shall
not be filed unless it bears the certificate of two (2) practicing attorneys
stating that they have each fully made an independent investigation into the
matters of fact and of law upon which the protest and petition are based, and
that after the investigation they believe that the protest and petition should
be sustained and that the relief prayed in the protest and petitions should be
granted; the two (2) attorneys may not be practicing in the same law firm. The
petitioner shall give a cost bond in the sum of Three Hundred Dollars
($300.00), with two (2) or more sufficient sureties conditioned to pay all
costs in case his petition be dismissed, and an additional bond may be
required, by the judge, if necessary, at any subsequent stage of the
proceedings. The filing of the petition for judicial review in the manner set
forth in this section shall automatically supersede and suspend the operation
and effect of the order, ruling or judgment of the executive committee appealed
from. the grounds upon which the primary election is contested.
In no event shall a prayer for relief be filed in any court other than the
appropriate circuit court as authorized in this section, and the only proper
parties to the contest shall be persons who qualified as candidates for
election to the same office.
SECTION 2. Section 23-15-929, Mississippi Code of 1972, is amended as follows:
23-15-929. Upon the filing
of the petition * * * required in Section 23-15-927, the
circuit clerk shall immediately notify, by * * * email,
telephone, or personally, * * *notify the Chief Justice of the Supreme Court, or, in his or
her absence, or disability, some other judge of the Supreme Court, who
shall forthwith designate and notify a circuit judge or a retired judge on
senior status * * *
from anywhere in the state for a statewide contest, or from a district
other than that which embraces the county or any of the counties * * * otherwise involved in the contest * * *, to proceed to the county in
which the contest * * * has been filed to hear and determine the contest * * *, and it shall be the official
duty of the trial judge to proceed to the discharge of the designated duty at
the earliest possible date to be fixed by the judge and of which the contestant
and contestee shall have reasonable notice, to be served in such reasonable
manner as the judge may direct, in response to which notice the contestee shall
promptly file his or her answer, and also * * * the cross-complaint if * * * the contestee has one * * *.
SECTION 3. Section 23-15-931, Mississippi Code of 1972, is amended as follows:
23-15-931. When the day for
the hearing has been set, the circuit clerk shall issue subpoenas for witnesses
as in other litigated cases, and he or she shall also * * * be responsible for diligently securing the ballots,
papers, documents, books and the like * * * against misplacement,
alteration, concealment or loss both in the sessions and during recesses or
adjournments. The judge is * * * the controlling judge both of the
facts and the law, and has all the power in every respect of a circuit judge in
termtime. The * * *
hearing shall also be attended by the sheriff, and clerk, each
with sufficient deputies, and by a court reporter. The * * * judge
shall fully hear the contest * * *, and the * * * contestant * * * shall have
the burden of proof and the burden of going forward with the evidence in the
hearing before the * * * judge. The * * * judge, after the
contest * * *
has been fully heard * * *, shall make a finding dictated to the reporter covering all
controverted material issues of fact, * * *
and * * *
the trial judge shall enter * * * a judgment * * * for
the person having the greatest number of legal votes at the election,
of which the election commissioners shall take judicial notice, or if the
matter be one within the jurisdiction of * * * a county,
state or municipal executive committee, the judgment shall be certified and
promptly forwarded to the secretary of the * * * appropriate
executive committee, and, in the absence of an appeal, it shall be the duty of
the * * * election commissioners or appropriate
executive committee to reassemble and revise any prior decision * * * made by it so as to conform to the
judicial judgment * * *. However, if the
will of the voters cannot be ascertained, the trial judge shall find that a new
election shall be ordered.
SECTION 4. Section 23-15-933, Mississippi Code of 1972, is amended as follows:
23-15-933. The contestant
or contestee, or both, may file an appeal in the Supreme Court within the time
and under * * * the
conditions and procedures as are established by the Supreme Court for other
appeals. * * *
SECTION 5. Section 23-15-951, Mississippi Code of 1972, is amended as follows:
23-15-951. (a)
Except as otherwise provided by Section 23-15-955 or 23-15-961, a * * * candidate desiring to contest the
election of another person returned as elected to any * * * county or county
district office, municipal office, or statewide, state or congressional
district office, may, within twenty (20) days after the election, file a sworn
petition in the office of the clerk of the circuit court of the county, setting
forth with particularity the grounds upon which the election is
contested. When * * * the petition is filed, the circuit clerk shall immediately
notify, by * * * email, 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 * * * a retired judge on senior
status from anywhere in the state for a statewide contest, or from a
district other than that which embraces the * * * county or any of the
counties * * * otherwise
involved in the contest * * * or complaint, to proceed to the county in which the contest * * * has been filed to hear and
determine the contest * * *. The circuit clerk shall also cause a copy of * * * the petition to be served upon the
contestee, which shall serve as notice to * * * the contestee. The only proper
parties to the contest shall be persons who qualified as candidates for
election to the same office.
* * * When the
contestee is served, such contestee shall promptly file his or her
answer, and cross-complaint, if the contestee has * * * one.
(b) When the day
for the hearing has been set, the circuit clerk shall issue subpoenas for
witnesses as in other litigated cases, and he or she shall also be responsible
for diligently securing the ballots, papers, documents, books and the like
against misplacement, alteration, concealment or loss both in the sessions and
during recesses or adjournments. The court shall, at the first term, * * * try the issue without a jury and
find for the person having the greatest number of legal votes at the
election, or if the will of the voters cannot be ascertained, find that a
new election shall be ordered. If the * * * court finds against
the person returned elected, the clerk shall issue a certificate thereof; and
the person in whose favor the * * * court finds shall be
commissioned by the Governor, and shall qualify and enter upon the duties of
his or her office. * * * New trials shall be granted and costs awarded as in
other cases. * * *
(c) 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.
SECTION 6. Section 23-15-263, Mississippi Code of 1972, is amended as follows:
23-15-263. (1) Unless
otherwise provided in this chapter, the county executive committee at primary
elections shall perform all duties that relate to the qualification of
candidates for primary elections, print ballots for primary elections, appoint
the primary election officers, * * *
and perform all other duties required by law to be performed by the county * * * election commissioners;
however, each house of the Legislature shall rule on the qualifications of the
membership of its respective body in contests involving the qualifications of * * * those members. The executive
committee shall be subject to all the penalties to which county election
commissioners are subject, except that Section 23-15-217 shall not apply to
members of the county executive committee who seek elective office.
(2) A member of a county
executive committee shall be automatically disqualified to serve on the county
executive committee, and shall be considered to have resigned * * * from the county executive
committee, upon his or her qualification as a candidate for any
elective office. The provisions of this subsection shall not apply to a member
of a county executive committee who qualifies as a candidate for a municipal
elective office.
(3) The primary election
officers appointed by the executive committee of the party shall have the
powers and perform the duties, where not otherwise provided, required of * * * the officers in a general election,
and any * * *
act or omission which by law is an offense when committed in or about or in
respect to * * *
the general elections, shall be an offense if committed in or about or
in respect to a primary election; and the same shall be indictable and
punishable in the same way as if the election was a general election for the
election of state and county officers, except as specially modified or
otherwise provided in this chapter.
SECTION 7. Section 23-15-961, Mississippi Code of 1972, is brought forward as follows:
23-15-961. (1) Any person desiring to contest the qualifications of another person as a candidate for nomination in a political party primary election shall file a petition specifically setting forth the grounds of the challenge within ten (10) days after the qualifying deadline for the office in question. The petition shall be filed with the executive committee with whom the candidate in question qualified.
(2) Within ten (10) days of receipt of the petition described in subsection (1) of this section, the appropriate executive committee shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate executive committee shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at that meeting and present evidence in support of his position.
(3) If the appropriate executive committee fails to rule upon the petition within the time required in subsection (2) of this section, that inaction shall be interpreted as a denial of the request for relief contained in the petition.
(4) Any party aggrieved by the action or inaction of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the executive committee whose decision is being reviewed sits. The petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee. The person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(5) Upon the filing of the petition and bond, the circuit clerk shall immediately, by registered letter or by telegraph or by telephone, or personally, notify the Chief Justice of the Supreme Court, or in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or retired judge on senior status 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. It shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice. The contestant and contestee are to be served in a reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has a cross-complaint. The hearing before the trial court shall be de novo. The matter shall be tried to the trial judge, without a jury. After hearing the evidence, the trial judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The trial judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(6) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate executive committee is entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(7) The procedure set forth in this section shall be the sole and only manner in which the qualifications of a candidate seeking public office as a party nominee may be challenged prior to the time of his nomination or election. After a party nominee has been elected to public office, the election may be challenged as otherwise provided by law. After a party nominee assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 8. Section 23-15-963, Mississippi Code of 1972, is brought forward as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for municipal office elected on the date designated by law for regular municipal elections, shall file a petition specifically setting forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309, Mississippi Code of 1972. Such petition shall be filed with the municipal commissioners of election, being the same body with whom the candidate in question qualified pursuant to Section 23-15-361, Mississippi Code of 1972.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by the action or inaction of the appropriate election officials may file a petition for judicial review to the circuit court of the county in which the election officials whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate election officials. Such person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(7) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(8) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(9) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office who qualified pursuant to the provisions of Sections 23-15-359, 23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged prior to the time of his election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 9. Section 23-15-911, Mississippi Code of 1972, is brought forward as follows:
23-15-911. (1) (a) When the returns for a box and the contents of the ballot box and the conduct of the election have been canvassed and reviewed by the county election commission in the case of general elections or the county executive committee in the case of primary elections, all the contents of the box required to be placed and sealed in the ballot box by the poll managers shall be replaced therein by the election commission or executive committee, as the case may be, and the box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep and secure the same against any tampering. At any time within twelve (12) days after the canvass and examination of the box and its contents by the election commission or executive committee, as the case may be, any candidate or his or her representative authorized in writing by him or her shall have the right of full examination of the box and its contents upon three (3) days' notice of his or her application therefor served upon the opposing candidates. The service of notice shall be provided to each opposing candidate by delivering a copy personally to each candidate, or by performing two (2) of the following:
(i) By leaving a copy at each candidate's usual place of residence with a family member, who shall be no less than sixteen (16) years of age and, who resides in the candidate's residence;
(ii) By email or other electronic means, with receipt deemed upon transmission; or
(iii) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at that candidate's residence with receipt deemed mailing.
(b) If service of notice cannot be made to any opposing candidate, then notice may be posted on the door of each candidate's usual place of abode. If any candidate's usual place of residence is a multi-family dwelling, a copy of the notice must be mailed to the candidate or candidates by United States first-class mail, postage prepaid, return receipt requested. Proof of service of notice upon any opposing candidate shall be made to the circuit clerk within three (3) days before a full examination of the ballot box may be conducted.
(c) The examination shall be conducted in the presence of the circuit clerk or his or her deputy who shall be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with. Upon the completion of the examination the box shall be resealed with all its original contents inside. And if any contest or complaint before the court shall arise over the box, it shall be kept intact and sealed until the court hearing and another ballot box, if necessary, shall be furnished for the precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 10. Section 23-15-913, Mississippi Code of 1972, is amended as follows:
23-15-913. The Supreme Court shall compile a list of judges throughout the state to hear any disputes arising during the conduct of an election. The judges listed and selected to hear election disputes, as provided in Section 23-15-951, shall be available on election day to immediately hear and resolve any election day disputes. The rules for filing pleadings shall be relaxed to carry out the purposes of this section. The judges selected shall perform no other judicial duties on election day. The Supreme Court shall make judges available to hear disputes in the county in which the disputes occur but no judge shall hear disputes in the district or county in which he or she was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.
SECTION 11. Section 23-15-937, Mississippi Code of 1972, is brought forward as follows:
23-15-937. If more than one (1) county is involved in a contest or complaint, the judge shall have the authority to transfer the hearing to a more convenient county within the district, if the contest or complaint involves a district office, or within the state if the contest or complaint involves a state office; or the judge may proceed to any county or counties in which the facts complained of are charged to have transpired, and there hear the evidence and make a finding of facts relating to that county and any convenient neighboring county or counties, but, in any event, if possible with due diligence to do so, the hearing must be completed and final judgment rendered in time to permit the printing and distribution of the official ballots at the election for which the contested nomination is made. When any judge lawfully designated to hear a contest or complaint shall not promptly and diligently proceed with the hearing and final determination of the contest or complaint, he shall be guilty of a high misdemeanor in office unless excused by actual illness, or by an equivalent excuse. When no final decision has been made by the time the official ballots are required to be printed, the name of the nominee declared by the party executive committee shall be printed on the official ballots as the party nominee, but the contest or complaint shall not thereby be dismissed but the cause shall nevertheless proceed to final judgment and if the judgment is in favor of the contestant, the election of the contestee shall thereby be vacated and the Governor, or the Lieutenant Governor, in case the Governor is a party to the contest, shall call a special election for the office or offices involved. If the contestee has already entered upon the term he shall vacate the office upon the qualification of the person elected at the special election, and may be removed by quo warranto if he fail so to do.
SECTION 12. Section 23-15-939, Mississippi Code of 1972, is amended as follows:
23-15-939. The reasonable
traveling expenses of the judge or chancellor shall be paid by order of the
board of supervisors of the county or counties in which a contest or complaint
is heard, upon an itemized certificate thereof by the judge or chancellor. * * *
SECTION 13. Section 23-15-941, Mississippi Code of 1972, is brought forward as follows:
23-15-941. If upon the hearing of a primary election contest or complaint, under Section 23-15-931, it shall distinctly appear to the trial judge that any person, including a candidate or election officer, has willfully and corruptly violated any primary election statute and such violation is by said statute made a criminal offense, whether a misdemeanor or a felony, it shall be the duty of the trial judge to issue immediately his warrant for the arrest of the guilty party, reciting in his order therefor, in brief, the grounds or causes for the arrest. Such warrant and a certified copy of the order shall be forthwith placed in the hands of the sheriff of the county wherein the offense occurred, and the sheriff shall at once, upon receipt of the warrant, arrest the party and commit him to prison, unless and until the party give bond in the sum of Five Hundred Dollars ($500.00) with two (2) or more good and sufficient sureties conditioned for his appearance at the next term of the circuit court and from term to term until discharged by law. When the arrest has been made and the bond, if any, given, the sheriff shall deliver all the papers therein with his return thereon to the circuit clerk who shall file, and thereafter personally deliver, the same to the foreman of the next grand jury.
SECTION 14. Section 23-15-953, Mississippi Code of 1972, is brought forward as follows:
23-15-953. If the petition shall be filed more than forty (40) days before the term of the circuit court next after the election which is contested, the summons may be made returnable, and a trial of the issue be had in vacation, in the manner prescribed for a trial in vacation of an information in the nature of a quo warranto; and all of the provisions in reference to a trial in vacation of such proceedings shall apply to the trial of issues as to contested elections in the state of case herein mentioned; but this section shall not be held to include a contest of the election of a justice court judge, constable, coroner, surveyor, or member of a board of supervisors.
SECTION 15. Sections 23-15-921 and 23-15-923, Mississippi Code of 1972, which provide the process for a person desiring to contest the elections of another person returned as the nominee of the party to any county or county district office or as the nominee of a legislative, state, congressional or judicial district, are repealed.
SECTION 16. Section 23-15-925, Mississippi Code of 1972, which allows the executive committee to subpoena witnesses for a primary election contest, is repealed.
SECTION 17. Section 23-15-935, Mississippi Code of 1972, which requires election commissioners to attend the hearings of a primary election contest, is repealed.
SECTION 18. This act shall take effect and be in force from and after its passage.