Senate Bill 2381

AN ACT TO AMEND SECTION 23-15-955, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE HOUSE OF REPRESENTATIVES AND THE SENATE TO AWARD ATTORNEY'S FEES AND COSTS AGAINST AN UNSUCCESSFUL PETITIONER IN A LEGISLATIVE ELECTION CONTEST; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-955, Mississippi Code of 1972, is amended as follows:

23-15-955. (1) Except as otherwise provided by Section 23-15-961, the person contesting the seat of any member of the Senate or House of Representatives shall comply with the provisions of this section. Section 38, Mississippi Constitution of 1890, provides that each house of the Mississippi State Legislature shall judge the qualifications, return and election of its membership. Pursuant to that authority, the House of Representatives shall have exclusive jurisdiction over an election contest regarding the seat of any member of the House of Representatives, and the Senate shall have exclusive jurisdiction over an election contest regarding the seat of any member of the Senate. An election contest regarding the seat of a member of the House of Representatives or the Senate shall be filed with the Clerk of the House or the Secretary of the Senate, as the case may be, within thirty (30) days after a regular general election or ten (10) days after a special election to fill a vacancy. The legislative resolution of the election contest shall be conducted in accordance with procedures and precedents established by the House of Representatives or the Senate, as the case may be. Such procedures and precedents may be found in the Journals of the House of Representatives and of the State Senate and/or in the published Rules of the House of Representatives and of the State Senate.

(2) From and after November 3, 2015, if a petition to challenge the election results is filed in either the Senate or the House of Representatives and the petitioner loses his or her challenge, the petitioner shall pay all attorney's fees and expenses of the respondent within ninety (90) days after the adoption of the resolution regarding the election contest.

SECTION 2. This act shall take effect and be in force from and after its passage.