MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Rules

By: Senator(s) Burton, Dearing

Senate Bill 2089

AN ACT TO AMEND SECTION 23-15-955, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE LEGISLATURE HAS EXCLUSIVE JURISDICTION OVER AN ELECTION CONTEST REGARDING THE ELECTION OF ANY PERSON RETURNED AS ELECTED TO A SEAT IN THE LEGISLATURE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 23-15-955, Mississippi Code of 1972, is amended as follows:

     23-15-955.  (1)  Except as otherwise provided by Section 23-15-961, * * * the a person * * * contesting the seat of any member of the Senate or House of Representatives desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of this section.  Section 38, Mississippi Constitution of 1890, provides that each house of the Mississippi State Legislature shall judge the qualifications, return and election of its membership.  Pursuant to that authority, the House of Representatives shall have exclusive jurisdiction over an election contest regarding the * * * seat of any member of election of any person returned as elected to a seat in the House of Representatives, and the Senate shall have exclusive jurisdiction over an election contest regarding the * * * seat of any member of election of any person returned as elected to a seat in the Senate.  An election contest regarding the * * * seat of a member of election of any person returned as elected to a seat in the House of Representatives or the Senate shall be filed with the Clerk of the House or the Secretary of the Senate, as the case may be, within thirty (30) days after a regular general election or ten (10) days after a special election to fill a vacancy.  The legislative resolution of the election contest shall be conducted in accordance with procedures and precedents established by the House of Representatives or the Senate, as the case may be.  Such procedures and precedents may be found in the Journals of the House of Representatives and of the State Senate and/or in the published Rules of the House of Representatives and of the State Senate.

(2)  The procedure set fourth in this section shall be the sole and only manner in which the election of another person returned as elected to any seat in the Mississippi Legislature may be contested.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

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