Senate Bill 2092

AN ACT TO AMEND SECTION 23-15-851, MISSISSIPPI CODE OF 1972, TO PROVIDE WHAT OCCURRENCES CONSTITUTE A VACANCY IN EITHER HOUSE OF THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-851, Mississippi Code of 1972, is amended as follows:

23-15-851. (1) A vacancy shall occur in either house of the Legislature due to any of the following events occurring:

(a) The death of a member;

(b) The resignation of a member. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;

(d) The member ceases to be a legally registered voter of the district for which he or she shall have been elected;

(e) The member failing to maintain a residence in the district from which he or she has been elected to represent, with the intent to not reside in said district;

(f) The member's conviction of a felony, or of any offense involving a violation of his or her official oath;

(g) The member's refusal or neglect to take his or her oath of office; or

(h) The entry of a decision of a competent tribunal declaring void the member's election.

(2) Except as otherwise provided in subsection (2) of this section, within thirty (30) days after vacancies occur in either house of the Legislature, the Governor shall issue writs of election to fill the vacancies on a day specified in the writ of election. At least eighty-five (85) days' notice shall be given of the election in each county or part of a county in which the election shall be held. The qualifying deadline for the election shall be seventy-five (75) days before the election. Notice of the election shall be posted at the courthouse and in each supervisor's district in the county or part of the county in which such election shall be held for as near to seventy-five (75) days as may be practicable. The election shall be prepared for and held as in the case of a general election.

( * * *23) If a vacancy occurs in a calendar year in which the general election for state officers is held, the Governor may elect not to issue a writ of election to fill the vacancy.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.