The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-07-20
ARTICLE VIII.
How Elections may be Contested.

ARTICLE VIII.
How Elections may be Contested.
3S7. If 1t shall appear to the senate or
| house of representatives, that any person
returned TO either house, as member, has
| obtained his election by bribery, tumult OF
| fraud, he shallb 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.
| 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 10 investigate the fact
shall have power to compel the attendance
| of witnesses, and the production of such
documents or papers as they may require
aud such house shall have power to award
| the seat to the person cOntesting, or 10
declare the same vacant, as the case may
require.
| 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, thereupon, either party may
proceed to take the dispositions or witnesses,
before any justice ofthe peace in the district
or county, as convenient as may be to the
residence of the witnesses. which deposit
tions shall be read as evidence before the
senate OF mouse OF REPRESENTATIVES,, as the
case may be; provided, the opposite party
shall have ten days notice Of the time and
place OF taking the same.
8 800. 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 ut least, setting forth the
grounds on which the said election j. con-
tested and, thereu pom, the two houses shall
meet in joint convention, and shall appoint,
by ballot, committee, to consist of four
members OF the senate. and seven members
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 10 their respective houses. the
two houses shall again meet in joint conven-
ton TO consider said report; and If IL shall
appear that the governor, or other of said
officers elect, obtained his election by bribe-
nv, tumult, or other Illegal or improper
means, his office shall be vacated; and,
thereupon, the governor, or president ofthe
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 CAGE 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
LOT governor. given at SucH sDecldl election.
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
a summons to the party whose election Is
contested, returnable instanter, which sum
mons shall be served as in other cases and
1T alulI n L..
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 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 court, 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.
- r..
shalT be found, by inquest, to be an idiot,
lunatic, or unsOund In mind, during the
period for which he Is elected, OF SHALL du-
ring that time, be found guilty of felony.
or any infamous crime, corruption. or pee
ulatiOn in Office, or gambling with money
which may have come into his hands by
virtue of his office, or shall be removed from
office by sentence of any court of competent
Jurisdiction, the Office held by such person
shall be thereby vacated, and the vacancy
shall be supplied as by law directed.
8 1893. II any state, district or county
officer, shall remove out of the state, district
or county, for which he was elected. during
the term OF his Office, such Office shah there
by become vacant, and the vacancy supplied
as by law directed. Ifany person who hath
been. or shall be collector, or holder OF
public money, shall be elected to either
branch of the legislature, and shall not
have accouDted for and paid info the trea-
sury, all sums for which he may be account
able, on or before the day Of the meeting of
the legislature, TO which he shall be chosen,
the seat Of such person shall be forthwith
vacated thereby. fss
1874. When q vacancy. shall occur by
DEATH resignation, or otherwise, In any
state, or district Office, where the district
shall consist of two or more counties, the
governor shall issue . writ 20 the sheriffs
OF such counties, requiring an election to be
me- neg a. some te tnerelR sRec.ned 70 III
to be not less than sixty days after the isst1-
ance Of said writ, in case Of . state officer.
and not less than thirty days, In case OF a
district officer and the governor shall make |
temporary appointment to I'LL such yacan-
cy, until the person chosen at the election
so ordered shall be daily qualified.
S95. When vacancies happen In either
house of the Legislature, the governor shall |
issue writs Of election, TO III such vacancies,
on day therein 70 be specified and Mt least
hneen days notice sna4 be given Of such |
election, In each county In which such cleo |
tIon shalI be held. IN the manner directed Ia |
case OF D general election.
396. III any county shall become disof-
ganized, 30 that elections cannot be held, |
according 20 law, the governor shall ap-
point suitable persons CO. hold an election
% GIL all. vacancies In such county, who
shall hold much election, and make noturna
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