MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Wiggins
AN ACT TO REQUIRE ELECTED OFFICIALS THAT HAVE BEEN INDICTED FOR A CRIME OR CRIMES THAT RELATE TO OR RESULT FROM HIS OR HER ELECTED OFFICE, TO TAKE A LEAVE OF ABSENCE UNTIL THE CASE IS RESOLVED; TO REQUIRE THAT THE OFFICE REMAIN VACANT UNTIL THE CASE IS RESOLVED OR A GENERAL ELECTION TAKES PLACE; TO ALLOW INDICTED ELECTED INDIVIDUALS TO RUN FOR ELECTED OFFICE; TO PROVIDE THAT UPON CONCLUSION OF THE CASE, AN ACQUITTED ELECTED OFFICIAL MAY RESUME HIS OR HER DUTIES, BUT IF FOUND GUILTY, HE OR SHE MUST STEP DOWN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In the State of Mississippi, any elected official who has been indicted by a grand jury for a crime or crimes that resulted from or is related to his or her: (a) abuse or misuse of his or her elected position; (b) abuse or mishandling of duties and responsibilities assigned to his or her respective elected office; and/or (c) abuse or misuse of authority or influence he or she holds due to his or her position as an elected official; shall be required to take a leave of absence and not perform any official duties until the criminal case against him or her has concluded.
(2) Until the conclusion of the case, the elected position shall remain vacant, unless a regularly scheduled general election occurs, and another candidate wins the election and is sworn into office. Nothing in this section shall prevent an elected individual who has been indicted from running for elected office.
(3) If the elected official is acquitted of all charges or the case results in a resolution that is not connected to his or her office, then he or she may resume his or her elected office. If the elected official is convicted of a crime or crimes that are found to connect to or result from his or her office, then the elected official shall resign, provided that all rights to an appeal have been exhausted.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.