House Bill 1174

AN ACT TO AMEND SECTION 23-15-851, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A VACANCY OCCURS TWELVE MONTHS BEFORE THE GENERAL ELECTION FOR STATE OFFICERS IS HELD, THE GOVERNOR SHALL NOT ISSUE A WRIT OF ELECTION TO FILL THE VACANCY; 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) 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 sixty (60) 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 fifty (50) days before the election. Notice of the election shall be posted at the courthouse and in each supervisors district in the county or part of county in which such election shall be held for as near sixty (60) days as may be practicable. The election shall be prepared for and held as in the case of a general election.

(2) If a vacancy occurs * * * ~~in a calendar year in which~~ twelve (12) months before the general election for state officers is held, the Governor * * *~~may elect~~ shall 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, 2022.