House Bill 1135

(As Passed the House)

AN ACT TO AMEND SECTION 23-15-913, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LIST OF JUDGES SELECTED TO HEAR ELECTION DAY DISPUTES SHALL BE PROVIDED TO THE SECRETARY OF STATE, THE CHANCERY CLERKS AND THE CIRCUIT CLERKS BY THE CHIEF JUSTICE OF THE SUPREME COURT NO LATER THAN SEVEN DAYS BEFORE THE ELECTION IN WHICH THE SELECTED JUDGES MAY HEAR ELECTION DAY DISPUTES; TO PROVIDE THAT THE LISTED AND SELECTED JUDGES SHALL HAVE SOLE JURISDICTION TO HEAR ELECTION DAY DISPUTES; TO AMEND SECTION 23-15-951, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-913, Mississippi Code of 1972, is amended as follows:

23-15-913. 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 list of judges selected to hear election day disputes shall be provided to the Secretary of State, the chancery clerks and the circuit clerks by the Chief Justice of the Supreme Court no later than seven (7) days before the election in which the selected judges may hear election day disputes. If an election day dispute occurs, the chancery clerk or circuit clerk shall only docket the dispute to the judge designated by the Supreme Court to hear the case in that county. 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. In the list provided, the Supreme Court shall * * * ~~make~~ specify which judges shall be available to hear disputes in * * * ~~the~~ each 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. The listed and selected judges shall have sole jurisdiction to hear election day disputes.

SECTION 2. Section 23-15-951, Mississippi Code of 1972, is amended as follows:

23-15-951. 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 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 list of judges selected to hear election day disputes shall be provided to the Secretary of State, the chancery clerks and the circuit clerks by the Chief Justice of the Supreme Court no later than seven (7) days before the election in which the selected judges may hear election day disputes. 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 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 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 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.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.