MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Apportionment and Elections
By: Representative Denny
AN ACT TO AMEND SECTION 23-15-593, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COUNTY EXECUTIVE COMMITTEE, THE STATE EXECUTIVE COMMITTEE OR THE COUNTY ELECTION COMMISSION TO MAKE ANY DETERMINATION THAT IS LAWFULLY JUST WHEN IRREGULARITIES EXIST WITH THE BALLOT BOX; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-593, Mississippi Code of 1972, is amended as follows:
23-15-593. When the ballot
box is opened and examined by the county executive committee in the case of a
primary election, or county election commissioners in the case of other
elections, and it is found that there have been failures in material
particulars * * * to such an extent that it is impossible
to arrive at the will of the voters at * * * the precinct, the entire box may be
thrown out unless it be made to appear with reasonable certainty that the
irregularities were * * * deliberately permitted or
engaged in by the managers at that box, or by one (1) of them responsible for
the wrong or wrongs, for the purpose of electing or defeating a certain
candidate or candidates by manipulating the election or the returns thereof at
that box in such manner as to have it thrown out; in which latter case,
the county executive committee, the state executive committee or the
county election commission, as appropriate, shall conduct such hearing and make
such determination in respect to said box as may appear lawfully just, subject
to a judicial review of said matter as elsewhere provided by this chapter. * * *
When such failures in material particulars are found, the executive
committee, or the election commission, or the court upon review, may order
another election to be held at that box appointing new managers to hold the
same.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.