MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Apportionment and Elections
By: Representative Sanford
AN ACT TO AMEND SECTIONS 23-15-299 AND 23-15-309, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A POLITICAL PARTY EXECUTIVE COMMITTEE TO DISQUALIFY A CANDIDATE DUE TO THE CANDIDATE NOT MEETING THE QUALIFICATIONS ESTABLISHED BY THAT POLITICAL PARTY EXECUTIVE COMMITTEE; TO REQUIRE A CANDIDATE WHO IS DISQUALIFIED DUE SOLELY TO THE CANDIDATE NOT MEETING THE POLITICAL PARTY'S REQUIREMENTS TO AUTOMATICALLY BE PLACED ON THE BALLOT AS AN INDEPENDENT; TO AMEND SECTIONS 23-15-359 AND 23-15-361, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BALLOT TO INCLUDE THE NAME OF EACH CANDIDATE AUTOMATICALLY RUNNING AS AN INDEPENDENT DUE SOLELY TO THE CANDIDATE NOT MEETING A POLITICAL PARTY'S REQUIREMENTS; 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. seventy-five (75) days before the congressional preference primary; however, no such assessments may be paid before December 1 of the year before the primary election for the office is held. If seventy-five (75) days before the congressional preference primary in years in which a congressional preference primary 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. seventy-five (75) days before the congressional preference primary in years in which a congressional preference primary is held; however, no such assessments may be paid before December 1 of the year in which the primary election for the office is held. If seventy-five (75) days before the congressional preference primary 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 an affidavit under penalty of perjury containing the name, physical address of the candidate's residence, the party with which he or she is affiliated, if applicable, the candidate's phone number, the email address of the candidate, if any, and the office for which he or she is a candidate. Such affidavit shall require the candidate to certify that he or she meets all 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 and required documents 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 and the required documents by 5:00 p.m. on the date of the qualifying deadline. The Secretary of State shall assess a Five Hundred Dollar ($500.00) fine to any state executive committee that fails to transmit any written statements and other required documents and accompanying fees to the Secretary of State by 6:00 p.m. on the date of the qualifying deadline. Such fine shall be assessed for each written statement and other required documents and fees that were not turned in to the Office of the Secretary of State by 6:00 p.m.; however, in no case shall the total fines assessed to a state executive committee exceed Two Thousand Five Hundred Dollars ($2,500.00) for a particular qualifying deadline. The Secretary of State shall deposit any fines received from any state executive committee into the Elections Support Fund established in Section 23-15-5. The name of any person who pays the required fee and files the required statement and documents 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 the following:
(i) Whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve; and
(ii) Whether each candidate meets all other qualifications, including qualifications required by the proper political party executive committee, 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; and
(iii) Whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election; and
(iv) Whether any candidate has been convicted of any of the following and not pardoned:
1. Any felony in a court of this state,
2. On or after December 8, 1992, any offense in another state which is a felony under the laws of this state,
3. Any felony in a federal court on or after December 8, 1992, or
4. 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; and
(v) Whether the candidate has voted in any election outside of the jurisdiction in which he or she seeks to represent during the period in which the candidate is required to have resided within the jurisdiction. If a candidate is found to have voted in any election outside of the jurisdiction that he or she seeks to represent during the period in which the candidate is required to have resided within the jurisdiction, the name of such candidate shall not appear on the ballot. However, if a candidate who votes in an election that he or she was properly registered for is then subsequently redistricted into the jurisdiction that he or she is currently seeking to represent, then he or she shall not be disqualified as a candidate due to voting in an election outside of his or her current jurisdiction during the required residency period.
(b) The proper executive committee or the Secretary of State, whichever is applicable, shall make the determinations in paragraph (a) of this subsection within the following time periods:
(i) Five (5) days of the qualifying deadline during presidential preference primary elections; or
(ii) Fifteen (15) days of the qualifying deadline for federal mid-term elections; or
(iii) Thirty (30) days of the qualifying deadline during statewide elections.
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, including qualifications required by the proper political party executive committee, 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, 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. If the candidate meets all constitutional and statutory requirements for holding the office but is determined not to be qualified due solely to the candidate not meeting the requirements established by the proper political party executive committee, the name of the person shall automatically be placed on the ballot as an independent candidate.
(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 23-15-309, Mississippi Code of 1972, is amended as follows:
23-15-309. (1) Nominations for all municipal officers which are elective shall be made at a primary election, or elections, to be held in the manner prescribed by law. All persons desiring to be candidates for the nomination in the primary elections shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least sixty (60) days before the first primary election, no later than 5:00 p.m. on such deadline day. If the sixtieth day to file the fee and written statement before an election falls on a Sunday or legal holiday, the fees and written statements submitted on the business day immediately following the Sunday or legal holiday shall be accepted.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, the email address of the candidate, if any, and the office for which he or she is a candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him or her, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. No candidate may attempt to qualify with any political party that does not have a duly organized municipal executive committee, and the municipal clerk shall not accept any assessments made pursuant to subsection (1) if the municipal clerk does not have contact information for the secretary of the municipal executive committee for that political party. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. The funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) Upon receipt of the above information, the proper municipal executive committee shall then determine, at the time of the qualifying deadline, whether each candidate is a qualified elector of the municipality, and of the ward if the office sought is a ward office, shall determine whether each candidate either meets all other qualifications, including qualifications required by the proper municipal executive committee, 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 executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. 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 unless such offense also involved misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. If the proper municipal executive committee finds that a candidate either (a) does not meet all qualifications, including qualifications required by the proper municipal executive committee, 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 (b) has been convicted of a felony as described in this subsection and not pardoned, 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 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 candidate meets all constitutional and statutory requirements for holding the office but is determined not to be qualified due solely to the candidate not meeting the requirements established by the proper municipal executive committee, the name of the person shall automatically be placed on the ballot as an independent candidate. If the executive committee 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.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 3. 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, * * * 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, and independent
candidates who have been placed on the ballot automatically due to not meeting
the qualifications required by the proper political party executive committee,
if the candidates and nominees meet all of the constitutional and statutory
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 or automatically placed on the ballot as an independent candidate due to not meeting the qualifications required by the 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 a form 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; and, no petition may be filed before the date specified in Section 23-15-299.
(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 a form 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 physical address of the candidate, the email address of the candidate, if any, and the office he or she seeks. Each statement shall also require the candidate to certify that he or she meets all the qualifications to hold the office he or she seeks.
(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 the following:
(i) Whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve; and
(ii) 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; and
(iii) Whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election; and
(iv) Whether any candidate has been convicted of any of the following:
1. Any felony in a court of this state,
2. On or after December 8, 1992, any offense in another state which is a felony under the laws of this state,
3. Any felony in a federal court on or after December 8, 1992, or
4. 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; and
(v) Whether the candidate has voted in any election outside of the jurisdiction in which he or she seeks to represent during the period in which the candidate is required to have resided within the jurisdiction. If a candidate is found to have voted in any election outside of the jurisdiction that he or she seeks to represent during the period in which the candidate is required to have resided within the jurisdiction, the name of such candidate shall not appear on the ballot. However, if a candidate who votes in an election that he or she was properly registered for is then subsequently redistricted into the jurisdiction that he or she is currently seeking to represent, then he or she shall not be disqualified as a candidate due to voting in an election outside of his or her current jurisdiction during the required residency period.
(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 in any election outside of the jurisdiction he or she is currently seeking to represent during the period in which the candidate is required to have resided within the jurisdiction, and is not subject to a redistricting exception as stated in paragraph (a)(v) of this subsection, 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 election commission shall render a decision on whether the name of the candidate shall appear on the ballot within five (5) days of the hearing.
(c) (i) A candidate aggrieved by the decision of the appropriate election commission may file a petition for judicial review to the circuit court of the county in which the election commission whose decision is being reviewed sits. Such petition must be filed no later than ten (10) days after the decision of the election commission. Such candidate 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 an additional bond 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 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 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 that states 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 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.
(iv) The procedure set forth above shall be the sole and only manner in which a candidate may appeal the appropriate election commission'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 election commission to place the name of the candidate on the ballot in accordance with Section 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 4. Section 23-15-361, Mississippi Code of 1972, is amended as follows:
23-15-361. (1) The
municipal general election ballot shall contain the names of all candidates who
have been put in nomination by the municipal primary election of any political
party. There shall be printed on the ballots the names of all persons so
nominated, whether the nomination be otherwise known or not, upon the written
request of one or more of the candidates so nominated, or of any qualified
elector who will make oath that he or she was a participant in the primary
election, and that the person whose name is presented by him or her was
nominated by such primary election. The municipal election commissioners who
are required to have the ballots printed, shall also have printed on the ballot
in any municipal general election the name of any candidate who, not having
been nominated by a political party, shall have * * * automatically been placed on the ballot
due to not meeting the qualifications required by the proper political party
executive committee or who have requested to be a candidate for any office
by a petition filed with the clerk of the municipality no later than 5:00 p.m.
on the same date by which candidates for nomination in the municipal primary
elections are required to pay the fee provided for in Section 23-15-309, and
signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality or a municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality or a municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary election are required to pay the fee provided for in Section 23-15-309, the name of the person requested to be a candidate, unless nominated by a political party or automatically placed on the ballot as an independent candidate due to not meeting the qualifications required by the political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each municipal office, and the names shall be listed under the name of the political party the candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. In the event such candidate qualifies as an independent as herein provided, he or she shall be listed on the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal election commissioners of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal election commission shall determine whether each party candidate in the municipal general election is a qualified elector of the municipality, and of the ward if the office sought is a ward office and shall determine whether each candidate either 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 municipal election commission also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. 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 unless such offense also involved misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. If the municipal election commission finds that a candidate either (a) is not a qualified elector, (b) 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 (c) has been convicted of a felony as described above and not pardoned, 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 he or she meets all qualifications to hold the office subject to no contingencies, then the name of the candidate shall not be placed upon the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election 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 has 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 municipal 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 (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.