MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Apportionment and Elections
By: Representative Wallace
AN ACT TO AMEND SECTION 23-15-785, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR PRESIDENTIAL CANDIDATES FROM SIXTY DAYS BEFORE THE ELECTION TO NINETY DAYS BEFORE THE ELECTION; TO AMEND SECTION 37-7-211, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR BOARDS OF TRUSTEE OF SCHOOL DISTRICTS FROM NOT MORE THAN NINETY AND NOT LESS THAN SIXTY DAYS BEFORE THE ELECTION TO NOT MORE THAN ONE HUNDRED TWENTY DAYS AND NOT LESS THAN NINETY DAYS BEFORE THE ELECTION; TO AMEND SECTION 37-5-9, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR COUNTY BOARDS OF EDUCATION FROM NOT MORE THAN NINETY AND NOT LESS THAN SIXTY DAYS BEFORE THE ELECTION TO NOT MORE THAN ONE HUNDRED TWENTY DAYS AND NOT LESS THAN NINETY DAYS BEFORE THE ELECTION; TO AMEND SECTIONS 37-7-225 AND 37-7-711, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-839, 23-15-851, 23-15-853 AND 23-15-855, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION DEADLINE FOR SPECIAL ELECTIONS TO FILL VACANCIES FOR COUNTY AND COUNTY DISTRICT OFFICES, LEGISLATIVE OFFICES, CONGRESSIONAL OFFICES AND UNITED STATES SENATOR OFFICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-785, Mississippi Code of 1972, is amended as follows:
23-15-785. (1) When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1,000) qualified voters of this state.
(2) The certificate of
nomination by a political party convention must be signed by the presiding
officer and secretary of the convention and by the chairman of the state
executive committee of the political party making the nomination. Any
nominating petition, to be valid, must contain the signatures as well as the addresses
of the petitioners. The certificates and petitions must be filed with the
State Board of Election Commissioners by filing them in the Office of the
Secretary of State by 5:00 p.m. not less than * * * ninety (90) days previous to
the day of the election.
(3) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached to the certificate or petition when it is filed with the State Board of Election Commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such for ______ for President and _______ for Vice President of the United States" (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached).
(4) The State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "PRESIDENTIAL ELECTORS FOR (here insert the name of the candidate for President, the word 'AND' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on the official ballots, and a vote cast therefor shall be counted and shall be in all respects effective as a vote for each of the presidential electors representing those candidates for President and Vice President of the United States. In the case of unpledged electors, the State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "UNPLEDGED ELECTOR(S) (here insert the name(s) of individual unpledged elector(s) if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name(s) of the elector(s) rather than a slate of electors)."
SECTION 2. Section 37-7-211, Mississippi Code of 1972, is amended as follows:
37-7-211. (1) The name of
any qualified elector who is otherwise eligible under the provisions of
subsection (1) of Section 37-7-203 who shall desire to be a candidate for the
office of trustee must qualify in the following manner in order to be allowed
to be considered for election. By 5:00 p.m. no more than * * * one hundred twenty (120)
days and not less than * * * ninety (90) days before the election, he shall file with
the county election commissioners a petition signed by not less than fifty (50)
qualified electors of the area represented by the office which he seeks, either
for a full term or an unexpired term, as the case may be, and an affidavit by
the candidate offering for election stating his qualifications under the terms
of the section. Where there are less than one hundred (100) qualified electors
in said area represented by the trustee, it shall only be required that said
petition of nomination be signed by at least twenty percent (20%) of the
qualified electors in said area. The petition shall contain an affidavit
certifying that all signatures are the personal signatures of each person whose
name appears on the petition and that each person is a qualified elector.
(2) Unless the petition and
affidavit required in subsection (1) of this section are filed by 5:00 p.m. not
less than * * *
ninety (90) days prior to the election, the name of the candidate shall
not be considered in the election, and votes cast for any person who has failed
to qualify shall not be counted in the election.
(3) If after the time for candidates to file the petition and affidavit provided for in this section there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
SECTION 3. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. The name of any
qualified elector who is a candidate for the county board of education shall be
placed on the ballot used in the general elections by the county election
commissioners, provided that the candidate files with the county election
commissioners, not more than * * * one hundred twenty (120)
days and not less than * * * ninety (90) days prior to the date of such general
election, a petition of nomination signed by not less than fifty (50) qualified
electors of the county residing within each supervisor's district.
Where there are less than one hundred (100) qualified electors in said
supervisor's district, it shall only be required that said petition of
nomination be signed by at least twenty percent (20%) of the qualified electors
of such supervisor's district. The candidate in each supervisor's
district who receives the majority of votes cast in the district shall be
declared elected. If no candidate receives a majority of the votes cast at the
election, a runoff shall be held between the two (2) candidates receiving the
highest number of votes in the first election. The runoff election, in the
event that such is necessary, shall be held four (4) weeks after the first
election.
When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the majority of votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held four (4) weeks after the first election.
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 4. Section 37-7-225, Mississippi Code of 1972, is amended as follows:
37-7-225. The county
election commissioners shall place the name of any person eligible to hold the
office of trustee on the ballot used in the election, provided that such
candidate shall have filed with the county registrar, not more than * * * one hundred twenty (120)
days and by 5:00 p.m. not less than * * * ninety (90) days prior to the
date of such election, a petition of nomination signed by not less than fifty
(50) qualified electors of the school district. Where there are less than one
hundred (100) qualified electors in said district, it shall only be required
that said petition of nomination be signed by at least twenty percent (20%) of
the qualified electors of such school district. If such person be a candidate
for an unexpired term, he shall indicate the term for which he is a candidate
in such petition; otherwise he shall be deemed to be a candidate for a full
term.
If after the time for candidates to file the petition of nomination provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
SECTION 5. Section 37-7-711, Mississippi Code of 1972, is amended as follows:
37-7-711. In all such
special municipal separate school districts which may be so organized,
reorganized or reconstituted to embrace the entire county in which the majority
of the inhabitants of the county reside outside the corporate limits of the
municipality, the name of any qualified elector who is a candidate for the
board of trustees of such special municipal separate school district, whether
such person be a candidate for an unexpired term or for a full term, shall be
placed on the ballot used in the elections, provided that the candidate files
with the county election commissioners, not more than * * * one hundred twenty (120)
days and not less than * * * ninety (90) days prior to the date of such general
election, a petition of nomination signed by not less than fifty (50) qualified
electors of the county. Where there are less than one hundred (100) qualified
electors in said area represented by the trustee, it shall only be required
that said petition of nomination be signed by at least twenty percent (20%) of
the qualified electors in said area. However, in any such special municipal
separate school district which embraces the entire county and which borders the
Mississippi River and in which Interstate Highway 20 and United States Highway
61 intersect and having a population in excess of forty-seven thousand (47,000)
according to the 1990 federal decennial census, the candidate shall be required
to file a petition of nomination with the county election commissioners not
less than * * *
ninety (90) days prior to the date of such general election, in addition
to the other requirements prescribed herein.
The candidate in each election who receives the majority of votes cast in the election shall be declared to have been elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held four (4) weeks after the first election.
SECTION 6. Section 23-15-839, Mississippi Code of 1972, is amended as follows:
23-15-839. (1) When a
vacancy occurs in any county or county district office, the same shall be
filled by appointment by the board of supervisors of the county, by order
entered upon its minutes, where the vacancy occurs, or by appointment of the
president of the board of supervisors, by and with the consent of the majority
of the board of supervisors, if such vacancy occurs when the board is not in
session, and the clerk of the board shall certify to the Secretary of State the
appointment, and the appointed person shall be commissioned by the Governor;
and if the unexpired term be longer than six (6) months, such appointee shall
serve until a successor is elected as hereinafter provided, unless the regular
special election day on which the vacancy should be filled occurs in a year in
which an election would normally be held for that office as provided by law, in
which case the person so appointed shall serve the unexpired portion of the
term. Such vacancies shall be filled for the unexpired term by the qualified
electors at the next regular special election day occurring more than * * * one hundred twenty (120)
days after the vacancy occurs. The board of supervisors of the county shall,
within ten (10) days after the vacancy occurs, make an order, in writing,
directed to the election commissioners, commanding an election to be held on
the next regular special election day to fill the vacancy. The election
commissioners shall require each candidate to qualify at least * * * ninety (90) days before the
date of the election, and shall give a certificate of election to the person
elected, and shall return to the Secretary of State a copy of the order of
holding the election, showing the election results, certified by the clerk of
the board of supervisors. The person elected shall be commissioned by the
Governor to take office once the election is certified.
(2) In any election ordered
pursuant to this section where only one (1) person qualifies with the election
commissioners to be a candidate within the time provided by law, the election
commissioners shall certify to the board of supervisors that there is only one
(1) candidate. Thereupon, the board of supervisors shall dispense with
the election and appoint the certified candidate to fill the unexpired term.
The clerk of the board shall certify the appointed candidate to the Secretary
of State and the candidate shall be commissioned by the Governor. In the event
no person qualifies by 5:00 p.m. * * * ninety (90) days before the
date of the election, the election commissioners shall certify that fact to the
board of supervisors who shall dispense with the election and fill the vacancy
by appointment. The clerk of the board of supervisors shall certify the
appointment to the Secretary of State, and the appointed person shall be
commissioned by the Governor.
SECTION 7. 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 * * * ninety (90) 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 * * * eighty (80) 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) ninety (90) 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 the general election for state officers is held, the Governor may elect not to issue a writ of election to fill the vacancy.
SECTION 8. Section 23-15-853, Mississippi Code of 1972, is amended as follows:
23-15-853. (1) If a
vacancy occurs in the representation in Congress, the vacancy shall be filled
for the unexpired term by a special election, to be ordered by the Governor,
within * * *
ninety (90) days after the vacancy occurs, and held at a time fixed by
his or her order, and which time shall be not less than * * * ninety (90) days after the
issuance of the order of the Governor, which shall be directed to the election
commissioners of the several counties of the district, who shall, immediately
on the receipt of the order, give notice of the election by publishing the same
in a newspaper having a general circulation in the county and by posting the
notice at the front door of the courthouse. The order shall also be directed
to the State Board of Election Commissioners. The election shall be prepared
for and conducted, and returns shall be made, in all respects as provided for a
special election to fill vacancies.
(2) Candidates for the
office in such an election must qualify with the Secretary of State by 5:00
p.m. not less than * * * eighty (80) days before the date of the election. If
the * * *
eightieth day to qualify before an election falls on a Sunday or legal
holiday, the qualification submitted on the business day immediately following
the Sunday or legal holiday shall be accepted. The election commissioners
shall have printed on the ballot in such special election the name of any
candidate who shall have been requested to be a candidate for the office by a
petition filed with the Secretary of State and personally signed by not less
than one thousand (1,000) qualified electors of the district. The petition
shall be filed by 5:00 p.m. not less than * * * eighty (80) days before the
date of the election. If the * * * eightieth day to file the
petition before an election falls on a Sunday or legal holiday, the petition
filed on the business day immediately following the Sunday or legal holiday
shall be accepted.
There shall be attached to each petition above provided for, upon the time of filing with the Secretary of State, a certificate from the appropriate registrar or registrars showing the number of qualified electors appearing upon each petition which the registrar shall furnish to the petitioner upon request.
SECTION 9. Section 23-15-855, Mississippi Code of 1972, is amended as follows:
23-15-855. (1) If a
vacancy shall occur in the office of United States Senator from Mississippi by
death, resignation or otherwise, the Governor shall, within ten (10) days after
receiving official notice of the vacancy, issue a proclamation for an election
to be held in the state to elect a Senator to fill the remaining unexpired
term, provided the unexpired term is more than twelve (12) months and the
election shall be held within * * * one hundred twenty (120)
days from the time the proclamation is issued and the returns of such election
shall be certified to the Governor in the manner set out above for regular
elections, unless the vacancy occurs in a year in which a general state or congressional
election is held, in which event the Governor's proclamation shall designate
the general election day as the time for electing a Senator, and the vacancy
shall be filled by appointment as hereinafter provided.
(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill the vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the appointed Senator shall serve until a successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he or she may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year, he or she shall serve for the full time of the unexpired term and no special election shall be called by the Governor but a successor shall be elected at the regular election.
SECTION 10. This act shall take effect and be in force from and after July 1, 2025.