reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-873 - Prohibitions against promises of public positions or employment, public contracts, or public expenditures; exceptions; violation of section constitutes violation of Section 97-13-37

(1)
No person, whether an officer or not, shall, in order to promote his or her own candidacy, or that of any other person, to be a candidate for public office in this state, directly or indirectly, himself, or herself or through another person, promise to appoint, or promise to secure or assist in securing the appointment, nomination or election of another person to any public position or employment, or to secure or assist in securing any public contract or the employment of any person under any public contractor, or to secure or assist in securing the expenditure of any public funds in the personal behalf of any particular person or group of persons, except that the candidate may publicly announce what is his or her choice or purpose in relation to an election in which he or she may be called on to take part if elected.
(2)
It shall be unlawful for any person to directly or indirectly solicit or receive any promise by this section prohibited, but this does not apply to any person when it comes to their office force.
(3)
Any violation of this section shall constitute a violation of Section
97-13-37
and shall be referred to the district attorney for prosecution.
Derived from 1972 Code § 23-3-31 [Codes, 1942, § 3173; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 264, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 144, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-874 - Prohibition against use of court personnel in judicial campaigns; violations

A candidate for judicial office shall not use court administrators, deputy court administrators, court reporters, deputy court reporters, judges' secretaries or law clerks as workers in his or her campaign activities. Violations of this section shall be referred to the Commission on Judicial Performance.
Laws, 1999, ch. 301, § 5, eff. 1/15/1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965,).
Amended by Laws, 2017, ch. 441, HB 467, 145, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-875 - Prohibitions against charges with respect to integrity of candidate

No person, including a candidate, shall publicly or privately make, in a campaign then in progress, any charge or charges reflecting upon the honesty, integrity or moral character of any candidate, so far as his or her private life is concerned, unless the charge be in fact true and actually capable of proof; and any person who makes any such charge shall have the burden of proof to show the truth thereof when called to account therefor under any affidavit or indictment against him or her for a violation of this section. Any language deliberately uttered or published which, when fairly and reasonably construed and as commonly understood, would clearly and unmistakably imply any such charge, shall be deemed and held to be the equivalent of a direct charge.
Derived from 1972 Code § 23-3-33 [Codes, 1942, § 3174; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 265, eff. 1/1/1987.
Brought forward by Laws, 2023, ch. 416, HB 1225,§ 35, eff. 7/1/2023.
Amended by Laws, 2017, ch. 441, HB 467, 146, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-877 - Prohibitions against newspaper editorials and stories with respect to integrity of candidate; newspaper's obligation to print reply; liability for damages

If during any election campaign in Mississippi any newspaper either domiciled in the state, or outside of the state circulating inside the State of Mississippi, shall print any editorial or news story reflecting upon the honesty or integrity or moral character of any candidate in such campaign or on the honesty and integrity or moral character of any candidate who was elected or defeated in such campaign, such newspaper shall, on the written or telegraphic request of such candidate or his agents, print in such newspaper not later than the second issue of such newspaper following the receipt of such request, a statement by the candidate or his duly accredited representative giving the candidate's reply. Such statement shall be printed in the exact language which the candidate or his representative presents and shall be printed as near as is practical on the same page, in the same position, and in the same size type and headlines as the original editorial or news story reflecting on the candidate had been printed.
This section shall be construed to include those news stories wherein the newspaper quotes from a candidate or individual statements attacking the honesty or integrity or moral character of a candidate or ex-candidate.
If such newspaper fails or refuses to publish such answer when requested, the owner of such newspaper shall be liable to a suit for damages by the candidate claiming to be injured by such publication. In event of a verdict in favor of the plaintiff, the measure of damages shall be the injury suffered or a penalty of Five Hundred Dollars ($500.00), whichever is the larger amount. In all cases, the truth of the charge may be offered as defense to the suit. But nothing herein contained shall be construed to abolish any existing legal rights of action in such cases.
Derived from 1972 Code § 23-3-35 [Codes, 1942, § 3175; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 266, eff. 1/1/1987.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-879 - Exemption of newspapers and other publications from requirements as to subscription of printed matter

Section
23-15-897
shall not apply to editorials, original or copies, in any newspaper or other publication regularly published and issued to bona fide paid subscribers, and not published and issued solely or principally for political purposes, or to news matter prepared and written by the regularly employed staff of the paper, or to the printing in said paper of any letter together with the signature thereto, provided that any of the matter so printed and published is not prohibited by the provisions of Section
23-15-875
or
23-15-877
, or by some other prohibition of law.
Derived from 1972 Code § 23-3-39 [Codes, 1942, § 177; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 267, eff. 1/1/1987.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-881 - Prohibitions against excessive expenditures or hiring of workers for state highways or public roads; maintenance of records

It shall be unlawful for the Mississippi Transportation Commission or any member of the Mississippi Transportation Commission, or the board of supervisors of any county or any member of the board of supervisors of such county, to employ, during the months of May, June, July and August of any year in which a general primary election is held for the nomination and election of members of the Mississippi Transportation Commission and members of the boards of supervisors, a greater number of persons to work and maintain the state highways, in any highway district, or the public roads, in any supervisors district of the county, as the case may be, than the average number of persons employed for similar purposes in such highway district or supervisors district, as the case may be, during the months of May, June, July and August of the three (3) years immediately preceding the year in which such general primary election is held. It shall be unlawful for the Mississippi Transportation Commission, or the board of supervisors of any county, to expend out of the state highway funds, or the road funds of the county or any supervisors district thereof, as the case may be, in the payment of wages or other compensation for labor performed in working and maintaining the highways of any highway district, or the public roads of any supervisors district of the county, as the case may be, during the months of May, June, July and August of such election year, a total amount in excess of the average total amount expended for such labor, in such highway district or supervisors district, as the case may be, during the corresponding four-month period of the three (3) years immediately preceding.
It shall be the duty of the Mississippi Transportation Commission and the board of supervisors of each county, respectively, to keep sufficient records of the numbers of employees and expenditures made for labor on the state highways of each highway district, and the public roads of each supervisors district, for the months of May, June, July and August of each year, to show the number of persons employed for such work in each highway district and each supervisors district, as the case may be, during said four-month period, and the total amount expended in the payment of salaries and other compensation to such employees, so that it may be ascertained, from an examination of such records, whether or not the provisions of this chapter have been violated.
Derived from 1972 Code § 23-1-43 [Codes, 1942, § 3133-01; Laws, 1970, ch. 506, § 8; repealed by Laws, 1986, ch. 495, § 331]; Laws, 1986, ch. 495, § 268, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 147, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-883 - Exceptions to prohibitions with respect to state highway or public road expenditures or employment

The restriction imposed upon the Mississippi Transportation Commission and the boards of supervisors of the several counties in the employment of labor to work and maintain the state highways and the public roads of the several supervisors' districts of the county, as provided in Section
23-15-881
, shall not apply to road contractors or bridge contractors engaged in the construction or maintenance of state highways or county roads under contracts awarded by the Mississippi Transportation Commission, or the board of supervisors, as the case may be, where such contracts shall have been awarded to the lowest responsible bidder, after legal advertisement, as provided by law; nor shall the restriction imposed in Section
23-15-881
apply to the labor employed by such road contractors or bridge contractors in carrying out such contracts. Nor shall the provisions of this chapter apply to the employment by the Mississippi Transportation Commission, or the board of supervisors, as the case may be, of extra labor employed to make repairs upon the state highways or highway bridges, or upon the county roads or bridges, in cases where such state highways or highway bridges, or such county roads or bridges, have been damaged or destroyed by severe storms, floods or other unforeseen disasters.
Derived from 1942 Code § 3134 [Laws, 1940, ch. 156; repealed by Laws, 1970, ch. 506]; Laws, 1986, ch. 495, § 269, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 181, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-885 - Prohibitions against excessive expenditures or hiring of workers for streets of municipalities

The restrictions imposed in Sections
23-15-881
and
23-15-883
shall likewise apply to the mayor and board of aldermen, or other governing authority, of each municipality, in the employment of labor for working and maintaining the streets of the municipality during the four-month period next preceding the date of holding the general primary election in such municipality for the election of municipal officers.
Derived from 1942 Code § 3135 [Laws, 1940, ch 156; repealed by Laws, 1970, ch. 506]; Laws, 1986, ch. 495, § 270, eff. 1/1/1987.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-887 - Penalties for violation of chapter by member of Mississippi Transportation Commission, member of board of supervisors, or mayor or member of board of aldermen or other governing authority of municipality

If any member of the Mississippi Transportation Commission, and any member of the board of supervisors, or the mayor or any member of the board of aldermen or other governing authority of any municipality, shall violate the provisions of this article, he or she shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment.
Derived from 1942 Code § 3136 [Laws, 1940, ch 156; repealed by Laws, 1970, ch. 506]; Laws, 1986, ch. 495, § 271; Laws, 1987, ch. 499, § 8, eff. 7/24/1987 (the date on which the United States Attorney General interposed no objection).
Amended by Laws, 2017, ch. 441, HB 467, 182, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-889 - Prohibitions against buying or selling vote or offering to do so; penalties

It shall be unlawful for any person to sell or offer to sell his or her vote and it shall be likewise unlawful for any person to offer money or anything of substantial value to anyone for his vote. Anyone violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisoned not more than six (6) months, or both.
Derived from 1942 Code § 3137 [Codes, 1906, § 3719; Hemingway's 1917, § 6411; 1930, § 5890; repealed by Laws, 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 272, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 183, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-891 - Prohibition against provision of free services or services at reduced rates by common carriers, Internet service providers, or telephone companies; requirement of sworn statement

No common carrier, Internet service provider or telephone company shall give to any candidate, or to any member of any political committee, or to any person to be used to aid or promote the success or defeat of any candidate for election for any public office, free transportation or Internet service or telephone service, as the case may be, or any reduction thereof that is not made alike to all other persons. All persons required by the provisions of this chapter to make and file statements shall make oath that they have not received or made use of, directly or indirectly, in connection with any candidacy for nomination to any public office, free transportation or Internet or telephone service.
Derived from 1942 Code § 3138 [Codes, 1906, § 3727; Hemingway's 1917, § 6421; 1930, § 5891; repealed by Laws, 1970, ch. 506]; Laws, 1986, ch. 495, § 273, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 148, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-893 - [Repealed]

Derived from 1942 Code § 3132 [Codes, 1906, § 3720; Hemingway's 1917, § 6412; 1930, § 5889; repealed by Laws, 1970, ch 506]; Laws, 1986, ch. 495, § 274; Laws, 1989, ch. 384, § 1, eff. 4/14/1989 (the date the United States Attorney General interposed no objection).
Repealed by Laws, 2017, ch. 441, HB 467, 202, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-895 - Prohibition against distribution of campaign material within 150 feet of polling place; prohibition against appearance of certain persons at polling place while armed, uniformed, or displaying badge or credentials; enforcement

No candidate for an elective office, or any representative of such candidate, and no proponent or opponent of any constitutional amendment, local issue or other measure printed on the ballot may post or distribute cards, posters or other campaign literature within one hundred fifty (150) feet of any entrance of the building wherein any election is being held. No candidate or a representative named by him or her in writing may appear at any polling place while armed or uniformed, or display any badge or credentials except as may be issued by the manager of the polling place. As used in this section, the term "local issue" shall have the meaning ascribed to such term in Section
23-15-375
. This section shall be enforced by election officials and law enforcement officials.
Derived from 1972 Code § 23-3-17 [Codes, 1942, § 3166; Laws, 1935, ch. 19; Laws, 1979, ch. 487 § 4; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 275, eff. 1/1/1987; Laws, 1994, ch. 494, § 1, eff. 6/23/1994 (the date the United States Attorney General interposed no objection).
Amended by Laws, 2017, ch. 441, HB 467, 149, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-897 - Certain information to be included in campaign materials; compliance with section for campaign materials published on electronic platform

(1)
The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a)
"Campaign materials" include any materials designed to influence voters for or against any candidate, party or measure to be voted on at any election, or containing information about any candidate, party or measure paid for by a candidate, political committee, or independent expenditure which requires disclosure under campaign finance laws.
(b)
"Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution.
(c)
"Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.
(2)
No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:
(a)
The name of the candidate along with a statement that the message is approved by the candidate; or
(b)
If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or
(c)
If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.
(3)
Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2), and each electronic publication provides a link to that home page.
Derived from 1972 Code § 23-3-37 [Codes, 1942, §§ 3176, 3178; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 276, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 150, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-899 - [Repealed]

Derived from 1942 Code § 3141 [Codes, 1906, § 3728; Hemingway's 1917, § 6422; 1930, § 5894; repealed by Laws, 1970, ch. 506]; Laws, 1986, ch. 495, § 277; Laws, 1987, ch. 499, § 9, eff. 7/24/1987 (the date on which the United States Attorney General interposed no objection).
Repealed by Laws, 2017, ch. 441, HB 467, 203, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-901 - Electors' privilege from arrest

Electors shall in all cases other than those of treason, felony or breach of the peace be privileged from arrest during their attendance on elections and going to and returning from the same.
Derived from 1972 Code § 23-5-165 [Codes, 1857, ch. 4, art 18; 1871, § 368; 1880, § 144; 1892, § 3675; 1906, § 4182; Hemingway's 1917, § 6816; 1930, § 6248; 1942, § 3277; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 278, eff. 1/1/1987.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-903 - Procedure for filing complaint of violation of election law

In addition to any other procedure provided by law, any person who has reason to believe that any election law has been violated may file a written complaint with the election commissioners of the county in which the alleged violation occurred. If the election commissioners determine the allegations in the complaint, if true, would be a violation of this chapter or Section
97-13-1
, et seq., the election commissioners shall refer the complaint to the district attorney for prosecution.
Laws, 1993, ch. 528, § 2, eff. on the date ch. 528 is effectuated under Section 5 of the Voting Rights Act of 1965.
Amended by Laws, 2017, ch. 441, HB 467, 151, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-905 - Qualifying as candidate for more than one office prohibited under certain circumstances

(1)
No person may qualify as a candidate for more than one (1) office if the election for those offices occurs on the same day. If a person takes the steps necessary to qualify for more than one (1) office, the appropriate executive committee or election commissioner shall determine the last office for which the person qualified and the person shall be considered to be qualified as a candidate for that office only and the person shall be notified of this determination. The provisions of this subsection shall not apply to elections for municipal office.
(2)
No person may qualify as a candidate for more than one (1) municipal office if the election for those offices occurs on the same day. If a person takes the steps necessary to qualify for more than one (1) office, the appropriate executive committee or election commissioner shall determine the last office for which the person qualified and the person shall be considered to be qualified as a candidate for that office only and the person shall be notified of this determination.
Laws, 2007, ch. 604, § 1, eff. 9/10/2007, the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965.
Amended by Laws, 2017, ch. 441, HB 467, 152, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 27 - REGULATION OF ELECTIONS (§§ 23-15-871 — 23-15-907) › Section 23-15-907 - Unlawful collection and transmission of ballots mailed to another person; penalties for improper collection of ballots

(1)
For purposes of this section, the following words shall have the meanings as defined herein unless the context clearly indicates otherwise:
(a)
"Caregiver" means an individual who provides medical, health care assistance or other assistance to the person to whom the ballot was mailed in a residence, hospital, long-term care facility, nursing home, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, adult foster care home or other similar facility or institution.
(b)
"Family member" means an individual who is related by blood, marriage, adoption or legal guardianship to the person to whom the ballot was mailed.
(c)
"Household member" means an individual who resides at the same residence as the person to whom the ballot was mailed.
(2)
A person shall not knowingly collect and transmit a ballot that was mailed to another person, except as follows:
(a)
An election official while engaged in official duties as authorized by law.
(b)
An employee of the United States Postal Service while engaged in official duties as authorized by law.
(c)
Any other individual who is allowed by federal law to collect and transmit United States mail while engaged in official duties as authorized by law.
(d)
A family member, household member, or caregiver of the person to whom the ballot was mailed.
(e)
A common carrier that transports goods from one place to another for a fee. No parcel shall contain more than a single ballot.
(3)
Any violation of this section shall be subject to the penalties of Section
97-13-37
.
(4)
Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union, or a candidate whose name is on the ballot, or by a spouse, parent, sibling or child of a candidate whose name is on the ballot, or by a poll watcher who is observing the polling place on election day; however, a candidate for public office or the spouse, parent or child of a candidate may provide assistance upon request of any voter who is related within the first degree.
Amended by Laws, 2024, ch. 428, SB 2425,§ 1, eff. 7/1/2024.
Added by Laws, 2023, ch. 430, SB 2358,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle A - GENERAL PROVISIONS (§§ 23-15-911 — 23-15-913) › Section 23-15-913 - Judges to be available to hear and resolve election day disputes

(1)
The judges listed and selected to hear election disputes, as provided in Section
23-15-951
, shall be available on election day to immediately hear and resolve any election day disputes. The name of any judge selected to hear election day disputes shall be provided to the Secretary of State by the Chief Justice of the Mississippi Supreme Court at the time the appointment is made, unless the Secretary of State is a party to the election day dispute to which that special circuit judge is appointed.
(2)
The rules for filing pleadings shall be relaxed to carry out the purposes of this section. The judges selected shall perform no other judicial duties on election day. If an election day dispute occurs, the circuit clerk shall only docket the dispute to the judge designated by the Supreme Court to hear the case in that county. All election day disputes arising in one county shall go to the same judge in that county unless the judge is absent or unavailable. When such election day dispute is filed, the circuit clerk shall immediately notify by phone, email or personally, the Chief Justice of the Supreme Court, or in his or her absence or disability, some other Justice of the Supreme Court, who shall forthwith notify the assigned special judge from the list of judges who were preselected to hear election day disputes, to proceed to the county in which the dispute has been filed to hear and determine the complaint. The circuit clerk shall cause a copy of such petition to be served upon the contestee, which shall serve as notice to such contestee. In the list provided, the Supreme Court shall specify which judges shall be available to hear disputes in each county in which the disputes occur, but no judge shall hear disputes in the district or county in which he or she was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.
(3)
The listed and selected judges provided by the Chief Justice of the Mississippi Supreme Court shall have sole jurisdiction to hear election day disputes. Election disputes can only be filed in a circuit court with proper jurisdiction and heard by one (1) of the judges selected by the Chief Justice of the Mississippi Supreme Court.
Laws, 1999, ch. 301, § 15; Laws, 2012, ch. 473, § 1, eff. 9/6/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Amended by Laws, 2024, ch. 462, HB 1135,§ 1, eff. 7/1/2024.
Amended by Laws, 2017, ch. 441, HB 467, 154, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-921 - Nominations to county or county district offices, etc.; petition, notice of contest, investigation, and determination

Except as otherwise provided by Section
23-15-961
, a person desiring to contest the election of another person returned as the nominee of the party to any county or county district office, or as the nominee of a legislative district composed of one (1) county or less, may, within twenty (20) days after the primary election, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the executive committee to assemble by call of the chairman or three (3) members of said committee, notice of which contest shall be served five (5) days before said meeting, and after notifying all parties concerned proceed to investigate the grounds upon which the election is contested and, by majority vote of members present, declare the true results of such primary.
Derived from 1972 Code § 3143 [Codes, Hemingway's 1917, § 6425; 1930, § 5896; Laws, 1908, ch. 136; repealed by Laws, 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 280; Laws, 1988, ch. 577, § 3, eff. 12/9/1988 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-923 - Nominations with respect to state, congressional, and judicial districts, etc.; investigation, findings, and declaration of nominee

Except as otherwise provided in Section
23-15-961
, a person desiring to contest the election of another returned as the nominee in state, congressional and judicial districts, and in legislative districts composed of more than one (1) county or parts of more than one (1) county, upon complaint filed with the Chairman of the State Executive Committee, by petition, reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee. The State Executive Committee by majority vote of members present shall declare the true results of such primary.
Derived from 1942 Code § 3144 [Codes, Hemingway's 1917, § 6426; 1930, § 5897; Laws, 1908, ch. 136; repealed by Laws, ch. 495, § 346]; Laws, 1986, ch. 495, § 281; Laws, 1988, ch. 577, § 4, eff. 12/9/1988 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-925 - Power of committee to subpoena and to attach witnesses

For the proper enforcement of the preceding sections the committee has the power to subpoena and, if necessary, attach witnesses needed in said investigation.
Derived from 1942 Code § 3145 [Codes, Hemingway's 1917, § 6427; 1930, § 5898; Laws, 1908, ch. 136; repealed by Laws, 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 282, eff. 1/1/1987.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-927 - Filing of protest and petition in circuit court in event of unreasonable delay by committee; requirement of certificate and cost bond; suspension of committee's order

When and after any contest has been filed with the county executive committee, or complaint with the State Executive Committee, and the executive committee having jurisdiction fails to promptly meet or, having met, fails or unreasonably delays to fully act upon the contest or complaint or fails to give with reasonable promptness the full relief required by the facts and the law, the contestant shall have the right forthwith to file in the circuit court of the county in which the irregularities are charged to have occurred, or, if more than one (1) county is involved, then in one (1) of the counties, a sworn copy of his protest or complaint, together with a sworn petition, setting forth with particularity how the executive committee has wrongfully failed to act or to fully and promptly investigate or has wrongfully denied the relief prayed by the contest, with a prayer for a judicial review thereof. A petition for judicial review must be filed within ten (10) days after any contest or complaint has been filed with an executive committee. The petition for a judicial review shall not be filed unless it bears the certificate of two (2) practicing attorneys stating that they have each fully made an independent investigation into the matters of fact and of law upon which the protest and petition are based, and that after the investigation they believe that the protest and petition should be sustained and that the relief prayed in the protest and petitions should be granted; the two (2) attorneys may not be practicing in the same law firm. The petitioner shall give a cost bond in the sum of Three Hundred Dollars ($300.00), with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the judge, if necessary, at any subsequent stage of the proceedings. The filing of the petition for judicial review in the manner set forth in this section shall automatically supersede and suspend the operation and effect of the order, ruling or judgment of the executive committee appealed from. In no event shall a prayer for relief be filed in any court other than the appropriate circuit court as authorized in this section.
Derived from 1972 Code § 23-3-45 [Codes, 1942, § 3182; Laws, 1935, ch. 19; Laws, 1968, ch. 567, § 1; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 283; Laws, 2012, ch. 476, § 1, eff. 9/17/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-929 - Designation of circuit judge or retired judge on senior status to determine contest; notice; answer and cross-complaint

Upon the filing of the petition and bond as provided for in Section
23-15-927
, the circuit clerk shall immediately, by registered letter or by telegraph or telephone, or personally, notify the Chief Justice of the Supreme Court, or, in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or a retired judge on senior status of a district other than that which embraces the county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint, and it shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice, to be served in such reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has one to prefer.
Derived from 1972 Code § 23-3-47 [Codes, 1942, § 3183; Laws, 1935 ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 284; Laws, 2012, ch. 476, § 2, eff. 9/17/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965). .
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-933 - Appeal from judgment; restrictions upon review of findings of fact

The contestant or contestee, or both, may file an appeal in the Supreme Court within the time and under such conditions and procedures as are established by the Supreme Court for other appeals. If the findings of fact have been concurred in by all the commissioners in attendance, provided as many as three (3) commissioners are and have been in attendance, the facts shall not be subject to appellate review. But if not so many as three (3) of the commissioners are or have been in attendance, or if one or more commissioners dissent, upon review, the Supreme Court may make such findings as the evidence requires.
Derived from 1972 Code § 23-3-51 [Codes, 1942, § 3185; Laws, 1935, ch. 19; Laws, 1968, ch. 567, § 3; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 286, eff. 1/1/1987; Laws, 1991, ch. 573, § 108, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-935 - Attendance or absence of election commissioners at hearing

The trial judge shall have the same power to compel the attendance of the election commissioners upon and throughout the hearings as is given to the judge of a circuit court to compel the attendance of jurors, and the commissioners must attend unless physically unable so to do. But if any one or more or all of the commissioners are absent so as to not be served with notice, or is or are physically unable to attend, the trial judge shall proceed without them or any of them, so that the hearing shall not be delayed on their account or on account of any one or more of them. When, under Section
23-15-937
, the hearing is transferred in whole or in part to another county or counties, the election commissioners of the county or counties to which the hearing is transferred shall attend the hearings in their respective counties, subject to foregoing provisions in respect to absent or disabled commissioners.
Derived from 1972 Code § 23-3-53 [Codes, 1942, § 3186; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 287, eff. 1/1/1987.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-937 - Transfer of hearing; requirement of prompt adjudication; circumstances requiring special election

If more than one (1) county is involved in a contest or complaint, the judge shall have the authority to transfer the hearing to a more convenient county within the district, if the contest or complaint involves a district office, or within the state if the contest or complaint involves a state office; or the judge may proceed to any county or counties in which the facts complained of are charged to have transpired, and there hear the evidence and make a finding of facts relating to that county and any convenient neighboring county or counties, but, in any event, if possible with due diligence to do so, the hearing must be completed and final judgment rendered in time to permit the printing and distribution of the official ballots at the election for which the contested nomination is made. When any judge lawfully designated to hear a contest or complaint shall not promptly and diligently proceed with the hearing and final determination of the contest or complaint, he shall be guilty of a high misdemeanor in office unless excused by actual illness, or by an equivalent excuse. When no final decision has been made by the time the official ballots are required to be printed, the name of the nominee declared by the party executive committee shall be printed on the official ballots as the party nominee, but the contest or complaint shall not thereby be dismissed but the cause shall nevertheless proceed to final judgment and if the judgment is in favor of the contestant, the election of the contestee shall thereby be vacated and the Governor, or the Lieutenant Governor, in case the Governor is a party to the contest, shall call a special election for the office or offices involved. If the contestee has already entered upon the term he shall vacate the office upon the qualification of the person elected at the special election, and may be removed by quo warranto if he fail so to do.
Derived from 1972 Code § 23-3-55 [Codes, 1942, § 3187; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 288; Laws, 2012, ch. 476, § 4, eff. 9/17/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965). .
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-939 - Payment of traveling expenses of judge or chancellor; compensation of election commissioners

The reasonable traveling expenses of the judge or chancellor shall be paid by order of the board of supervisors of the county or counties in which a contest or complaint is heard, upon an itemized certificate thereof by the judge or chancellor. The election commissioners shall be compensated for their services rendered under this section as is provided in Section
23-15-227
.
Derived from 1972 Code § 23-3-57 [Codes, 1942, § 3188; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 289; Laws, 2012, ch. 476, § 5, eff. 9/17/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965). .
Amended by Laws, 2017, ch. 441, HB 467, 155, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 29 - ELECTION CONTESTS (§§ 23-15-911 — 23-15-963) › Subarticle B - CONTESTS OF PRIMARY ELECTIONS (§§ 23-15-921 — 23-15-941) › Section 23-15-941 - Willful violation of election statute constituting criminal offense; issuance of arrest warrant; delivery of papers to grand jury foreman

If upon the hearing of a primary election contest or complaint, under Section
23-15-931
, it shall distinctly appear to the trial judge that any person, including a candidate or election officer, has willfully and corruptly violated any primary election statute and such violation is by said statute made a criminal offense, whether a misdemeanor or a felony, it shall be the duty of the trial judge to issue immediately his warrant for the arrest of the guilty party, reciting in his order therefor, in brief, the grounds or causes for the arrest. Such warrant and a certified copy of the order shall be forthwith placed in the hands of the sheriff of the county wherein the offense occurred, and the sheriff shall at once, upon receipt of the warrant, arrest the party and commit him to prison, unless and until the party give bond in the sum of Five Hundred Dollars ($500.00) with two (2) or more good and sufficient sureties conditioned for his appearance at the next term of the circuit court and from term to term until discharged by law. When the arrest has been made and the bond, if any, given, the sheriff shall deliver all the papers therein with his return thereon to the circuit clerk who shall file, and thereafter personally deliver, the same to the foreman of the next grand jury.
Derived from 1972 Code § 23-3-59 [Codes, 1942, § 3189; Laws, 1935, ch. 19; Laws, 1983, ch. 499, § 23; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 290, eff. 1/1/1987.