The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-07-13
ARTICLE VIII.
How Elections may be Contested.

HOW LlCCllODc may NC NOuJCoLCus
387. Ii it shall appear to the senate OF
house of representatives, that any person
returned to either house, as a member, has
obtained his election by bribery, tumult, OF
! fraud, he shall be expelled, and the cause Of
/ such expulsion shall be entered in he Jour-
nal of the house of which the person shall
be returned a member, and the seat of such
person shall become vacant.
| s 3SS. Contested elections for senators
and representatives, shall be determined by
the house to which the person, whose seat
is contested belongs; and such house, or any
! committee appointed to investigate the facts
shall have power to compel the attendance
of witnesses, and the production of such
documents or papers as they may require
/ and such house shall have power to award
| the seat to the person cOntesting, or to
! declare the same vacant, as the case may
! require.
s 3S9. The person contesting the seat of
any member of the senate or house of rep
resentatives, shall, within thirty days after
the election, serve notice, in writing, upon
| such member, stating particularly the
grounds upon which such election is contes-
ted; and, thereHpon, either party may
proceed to take the dispositions or witnesses,
| before any Justice of the peace in the district
or county, as convenient as may be to the
residence of the witnesses. which depDsi-
tions shall be read as evidence before the
senate or house of representatives, as the
| case may be; provided, the opposite party
place OF taking the same.
s 800. Elections of governor, lieutenant
governor, secretary OF state, auditor, treasu-
rer, and attorney general, and superinten-
dent of public instruction, may be contested
by petition to the legislature, signed by one
hundred electors at least, setting forth the
grounds on which the said election is con-
tested and, thereupon, the two houses shall
meet in joint convention, and shall appoint,
by ballot, committee, to consist of four
m hQrE of the Sonata and mQmhprC
of the house of representatives, who shall
take into consideration the said petition,
and shall have power to compel the atten-
dance of witnesses, and the production of
papers; and when said committee shall
have reported to their respective houses. the
two houses shall again meet in joint cOnven-
ton to consider said report; and if it shall
appear that the governor, or other of said
officers elect, obtained his election by bribe-
ry, tumult, or other illegal or improper
means, his office shall be vacated; and,
thereupon, the governor, or president of the
senate, shall issue a writ of election, direc-
ted to the sheriffs of the proper counties,
requiring an election to be held at such time
as may be therein specified, to supply such
vacancy; and in case the office of governor
shall be declared vacant, as aforesaid, the
legislature may be adjourned, to some con-
venient time, to receive and count the votes
for governor, given at such special election.
8 39l. ANY person desiring to contest the
election of any person returned as elected
to any Office. within any county in this
state, may. within twenty days after the
election, file petition before any justice of
the peace, of such county, setting forth the
grounds upon which said election is contes-
ted and the justice shall, thereupon, Issue
summons to the party whose election is
contested, returnable instanter, which sum-
mons shall be served as in other cases and
the justice shall cause an issue to be made
up and tried by jury, and the verdict of
the jury shall specify the person having the
greatest number of legal Votes, at such cleo
ton. If the jury shall find against the
person returned as elected, the justice shall
issue a certificate thereof, and the person in
whose favor the jury shall find, shall be
commissioned by the governor; and each
party shall be allowed ten peremptory
challenges; and in case the election of any
district attorney be contested, the petition
for that purpose may be filed in any ada
cent county, of an adjoining district, and
like proceedings shall be had thereon, as in
the case of county officers. Either party
shall have the right of appeal to the next
term of the circuit coart, and both parties
shall have the same right of challenge, as
provided in this section for the proceedings
in the justices court.
ARTICLE TX.
Vacancies, how Filled.
1872. If any state, or county officer
shall be found, by inquest, to be an idiot,
lunatic, or unsound in mind, during the
period for which he is elected, OF shall. du-