MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Elections
By: Senator(s) Tate
AN ACT TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE SECRETARY OF STATE PROVIDE FORMS FOR CANDIDATES TO CERTIFY A WRITTEN STATEMENT THAT THEIR IDENTIFYING INFORMATION IS CORRECT AND THAT THEY MEET ALL THE QUALIFICATIONS FOR THE OFFICE FOR WHICH THEY ARE CANDIDATES; TO PROVIDE THAT A CANDIDATE SHALL BE DISQUALIFIED IF IT IS DETERMINED THAT HE OR SHE HAS VOTED OUTSIDE OF THE BOUNDARIES OF THE DISTRICT HE OR SHE IS SEEKING A NOMINATION TO REPRESENT DURING THE TIME THE CANDIDATE IS REQUIRED TO RESIDE WITHIN SAID BOUNDARIES; TO PROVIDE THE ONLY PROCEDURE IN WHICH A CANDIDATE MAY APPEAL AN ELECTION COMMISSION'S DECISION TO NOT PLACE THE CANDIDATES NAME ON THE BALLOT; TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF SPECIAL ELECTIONS THERETO; TO AMEND SECTION 23-15-317, MISSISSIPPI CODE OF 1972, TO PROHIBIT VACANCIES CAUSED BY AN INDIVIDUAL WHO HAS BEEN REMOVED FROM OFFICE DUE TO NOT MEETING THE QUALIFICATIONS TO HOLD SAID OFFICE, FROM HAVING THE AUTHORITY TO NOMINATE AN QUALIFIED NOMINEE AS A CANDIDATE FOR SUCH OFFICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a) Assessments made pursuant to subsection (1)(a), (b), (c) and (d) of Section 23-15-297 shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to subsection (3)(a), (b) and (c) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(2) (a) Assessments made pursuant to subsection (1)(e) and (f) of Section 23-15-297, shall be paid by each candidate who seeks a nomination in the political party election to the circuit clerk of that candidate's county of residence by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days. No candidate may attempt to qualify with any political party that does not have a duly organized county executive committee, and the circuit clerk shall not accept any assessments paid for nonlegislative offices pursuant to subsection (1)(e) and (f) of Section 23-15-297 if the circuit clerk does not have contact information for the secretary of the county executive committee for that political party.
(b) Assessments made pursuant to subsection (3)(d) and (e) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the circuit clerk of that candidate's county of residence by 5:00 p.m. on February 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If February 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county election commission within two (2) business days.
(3) (a) Assessments made pursuant to subsection (1)(g) and (h) of Section 23-15-297 must be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to subsection (1)(g) and (h) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(b) Assessments made pursuant to subsection (3)(f) and (g) of Section 23-15-297 must be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to subsection (3)(f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement, on a form prescribed by the Secretary of State, containing the name and address of the candidate, the party with which he or she is affiliated, if applicable, the email address of the candidate, if any, and the office for which he or she is a candidate. Such statement shall also require the candidate to certify that he or she meets all the qualifications for the office for which he or she is a candidate.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot or the general election ballot.
(5) The Secretary of State or the secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which the candidate making payment is running and the political party with which he or she is affiliated, if applicable, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold the funds to be finally disposed of by order of their respective executive committees. The funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committee members, and of their secretary and may pay the secretary such salary as may be reasonable. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(7) (a) Upon receipt of the proper fee and all necessary information, the proper executive committee or the Secretary of State, whichever is applicable, shall then determine at the time of the qualifying deadline, unless otherwise provided by law, whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and whether each candidate meets all other qualifications to hold the office he or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office. The proper executive committee or the Secretary of State, whichever is applicable, shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee or the Secretary of State, whichever is applicable, shall also determine whether any candidate has been convicted (i) of any felony in a court of this state, (ii) on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, (iii) of any felony in a federal court on or after December 8, 1992, or (iv) of any offense that involved the misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state. Additionally, the appropriate executive committee shall determine if the candidate has voted outside the boundaries of the office the candidate is seeking a nomination for during the period in which the candidate is required to have resided within those boundaries. If a candidate is found to have voted outside the boundaries of the office the candidate is seeking nomination for during the period in which the candidate is required to have resided within those boundaries, the name of such candidate shall not appear on the ballot. A person shall not be disqualified for voting outside of the respective boundaries if the person has been moved from one (1) district to another due to redistricting and the previous vote outside of the district was from a residency now contained in the district he or she is seeking to represent.
(b) If the
proper executive committee or the Secretary of State, whichever is applicable,
finds that a candidate either (i) is not a qualified elector, (ii) does not
meet all qualifications to hold the office he or she seeks and fails to provide
absolute proof, subject to no contingencies, that he or she will meet the
qualifications on or before the date of the general or special election at which
he or she could be elected, * * * (iii) has
been convicted of a felony or other disqualifying offense as described in
paragraph (a) of this subsection, and not pardoned * * * or (iv) has voted outside of the
boundaries of the office the candidate is seeking nomination for during the
period in which the candidate is required to have resided within those
boundaries, then the executive committee shall notify the candidate and
give the candidate an opportunity to be heard. The executive committee shall mail
notice to the candidate at least three (3) business days before the hearing to
the address provided by the candidate on the qualifying forms, and the
committee shall attempt to contact the candidate by telephone, email and
facsimile if the candidate provided this information on the forms. If the
candidate fails to appear at the hearing or to prove that he or she meets all
qualifications to hold the office subject to no contingencies, then the name of
that candidate shall not be placed upon the ballot. The
committee must render a decision on whether the name of the candidate shall
appear on the ballot within five (5) days of the hearing.
(i) A candidate aggrieved by the decision of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the election official whose decision is being reviewed would sit. Such petitions must be filed no later than ten (10) days of the decision of the committee. 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 or her petition be dismissed, and any additional bond that may be required by the court, if necessary, at any subsequent stage of the proceedings.
(ii) 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 to the interested parties of the time set for the 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 or her 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.
(iii) Within three (3) days after judgement is rendered by the circuit court, the contestant or contestee, or both, may file an appeal with the Supreme Court upon giving 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 or her 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 by 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.
(iv) The procedure set forth above shall be the sole and only manner in which a candidate may appeal the appropriate election commissioner's decision to not place the candidate's name on the ballot under this section. These provisions do not interfere with the rights of other persons to challenge the decision of the appropriate executive committee to place the name of the candidate on the ballot in accordance with 23-15-961. After any person assumes an elective office, his or her qualifications to hold that office may be contested as otherwise provided by law.
(c) If the proper executive committee or the Secretary of State, whichever is applicable, determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(d) Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee or the Secretary of State, whichever is applicable, when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the internet.
SECTION 2. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as provided in this section, the ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297, if the candidates and nominees meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district, not less than fifteen (15) qualified electors.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the petition or fee, whichever is applicable, required above shall be filed as provided for in subsection (3), (4) or (5) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and the names shall be listed under the name of the political party that candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of the political party. In the event the candidate qualifies as an independent as provided in this section, he or she shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the Secretary of State, on forms prescribed by the Secretary of State, by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk, on forms prescribed by the Secretary of State, by no later than 5:00 p.m. on the same date by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners of all persons who have filed petitions with the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(5) A petition required under this section, or any other petition for a special election, shall be accompanied by a statement, on a form prescribed by the Secretary of State, containing the name and address of the candidate, the email address of the candidate, if any, and the office for which he or she is a candidate. Such a statement shall also require the candidate to certify he or she meets all qualifications for the office for which he or she is a candidate.
( * * *6) The assessment for the office
described in paragraph (h) of subsection (1) of this section shall be paid to
the Secretary of State. The Secretary of State shall deposit any qualifying
fees received from candidates into the Elections Support Fund established in
Section 23-15-5.
( * * *7) The election commissioners may also
have printed upon the ballot any local issue election matter that is authorized
to be held on the same date as the regular or general election pursuant to
Section 23-15-375; however, the ballot form of the local issue must be filed
with the election commissioners by the appropriate governing authority not less
than sixty (60) days before the date of the election.
( * * *8) The provisions of this section
shall not apply to municipal elections or to the election of the offices of
justice of the Supreme Court, judge of the Court of Appeals, circuit judge,
chancellor, county court judge, justice court judge and family court judge.
( * * *9) Nothing in this section shall prohibit
special elections to fill vacancies in either house of the Legislature from
being held as provided in Section 23-15-851. In all elections conducted under
the provisions of Section 23-15-851, there shall be printed on the ballot the
name of any candidate who, not having been nominated by a political party,
shall have been requested to be a candidate for any office by a petition filed
with the Secretary of State and signed by not less than fifty (50) qualified electors.
( * * *10) (a) The appropriate election
commission shall determine whether each candidate is a qualified elector of the
state, state district, county or county district they seek to serve, and
whether each candidate meets all other qualifications to hold the office he or
she is seeking or presents absolute proof that he or she will, subject to no
contingencies, meet all qualifications on or before the date of the general or
special election at which he or she could be elected to office. The election
commission shall determine whether the candidate has taken the steps necessary
to qualify for more than one (1) office at the election. The election
commission also shall determine whether any candidate has been convicted (i) of
any felony in a court of this state, (ii) on or after December 8, 1992, of any
offense in another state which is a felony under the laws of this state, (iii)
of any felony in a federal court on or after December 8, 1992, or (iv) of any
offense that involved the misuse or abuse of his or her office or money coming
into his or her hands by virtue of the office. Excepted from the above are
convictions of manslaughter and violations of the United States Internal
Revenue Code or any violations of the tax laws of this state. Additionally,
the appropriate executive committee shall determine if the candidate has voted
outside the boundaries of the office the candidate is seeking a nomination for
during the period in which the candidate is required to have resided within
those boundaries. If a candidate is found to have voted outside the boundaries
of the office the candidate is seeking nomination for during the period in
which the candidate is required to have resided within those boundaries, the
name of such candidate shall not appear on the ballot. A person shall not be disqualified
for voting outside of the respective boundaries if the person has been moved
from one (1) district to another due to redistricting and the previous vote
outside of the district was from a residency now contained in the district he
or she is seeking to represent.
(b) If the appropriate
election commission finds that a candidate either (i) is not a qualified
elector, (ii) does not meet all qualifications to hold the office he or she
seeks and fails to provide absolute proof, subject to no contingencies, that he
or she will meet the qualifications on or before the date of the general or
special election at which he or she could be elected, or (iii) has been
convicted of a felony or other disqualifying offense as described in paragraph
(a) of this subsection, and not pardoned * * * or (iv) has voted outside of the
boundaries of the office the candidate is seeking nomination for during the
period in which the candidate is required to have resided within those
boundaries, then the election commission shall notify the candidate and
give the candidate an opportunity to be heard. The election commission shall
mail notice to the candidate at least three (3) business days before the
hearing to the address provided by the candidate on the qualifying forms, and
the committee shall attempt to contact the candidate by telephone, email and
facsimile if the candidate provided this information on the forms. If the
candidate fails to appear at the hearing or to prove that he or she meets all
qualifications to hold the office subject to no contingencies, then the name of
such candidate shall not be placed upon the ballot. If the appropriate
election commission determines that the candidate has taken the steps necessary
to qualify for more than one (1) office at the election, the action required by
Section 23-15-905, shall be taken. The committee must render a decision on
whether the name of the candidate shall appear on the ballot within five (5)
days of the hearing.
(i) A candidate aggrieved by the decision of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the election official whose decision is being reviewed would sit. Such petitions must be filed no later than ten (10) days of the decision of the committee. 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 or her petition be dismissed, and any additional bond that may be required by the court, if necessary, at any subsequent stage of the proceedings.
(ii) 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 to the interested parties of the time set for the 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 or her 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.
(iii) Within three (3) days after judgement is rendered by the circuit court, the contestant or contestee, or both, may file an appeal with the Supreme Court upon giving 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 or her 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 by 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.
(iv) The procedure set forth above shall be the sole and only manner in which a candidate may appeal the appropriate election commissioner's decision to not place the candidate's name on the ballot under this section. These provisions do not interfere with the rights of other persons to challenge the decision of the appropriate executive committee to place the name of the candidate on the ballot in accordance with 23-15-963. After any person assumes an elective office, his or her qualifications to hold that office may be contested as otherwise provided by law.
( * * *11) If after the deadline to qualify
as a candidate for an office or after the time for holding any party primary
for an office, only one (1) person has duly qualified to be a candidate for the
office in the general election, the name of that person shall be placed on the
ballot; provided, however, that if not more than one (1) person duly qualified
to be a candidate for each office on the general election ballot, the election
for all offices on the ballot shall be dispensed with and the appropriate
election commission shall declare each candidate elected without opposition if
the candidate meets all the qualifications to hold the office as determined
pursuant to a review by the election commission in accordance with the
provisions of subsection (9) of this section and if the candidate has filed all
required campaign finance disclosure reports as required by Section 23-15-807.
( * * *12) The * * * documents required by this
section may not be filed by using the internet.
SECTION 3. Section 23-15-317, Mississippi Code of 1972, is amended as follows:
23-15-317. If any person
nominated for office in a primary election shall die, be removed after his or
her nomination, except for those removed due to not meeting the
qualifications to hold office, * * * withdraw or resign from his or her
candidacy for a legitimate nonpolitical reason as defined in this section, and
the vacancy in nomination shall occur between the primary election and the
ensuing general election, then the municipal, county or state executive
committee with which the original nominee qualified as a candidate in the
primary election shall nominate a nominee for such office. Where such a party
nominee is unopposed each political party registered with the State Board of
Election Commissioners shall have the privilege of nominating a candidate for
the office involved. Such nominee shall be duly certified by the respective
executive committee chair. Within two (2) days after such nomination is made
by the appropriate executive committee, such committee shall formally notify
the Secretary of State of the name of the nominee. The Secretary of State
shall thereupon officially notify the appropriate officials charged with
conducting the election for the office wherein the vacancy occurred of the name
of the nominee. All nominations made pursuant to the provisions of this
section shall have the same force and effect and shall entitle the nominees to
all rights and privileges that would accrue to them as if they had been
nominated in the regular primary election.
"Legitimate nonpolitical reason" as used in this section shall be limited to the following:
(a) Reasons of health, which shall include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he or she continued.
(b) Family crises, which shall include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business.
(c) Substantial business conflict, which shall include the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his or her capability to properly carry out the functions of the office being sought.
Any candidate who withdraws based upon a "legitimate nonpolitical reason" which is not covered by the above definition shall have the strict burden of proof for his or her reason.
A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his or her reason by sworn affidavit. Such affidavit shall be filed with the state party chair of the nominee's party and the State Board of Election Commissioners. No substitution of candidates shall be authorized, except for death or disqualification, unless the State Board of Election Commissioners approves the affidavit as constituting a "legitimate nonpolitical reason" for the candidate's resignation within five (5) days of the date the affidavit is submitted to the board.
Immediately upon approval or disapproval of such affidavit, the State Board of Election Commissioners shall notify the respective executive committee of same.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.