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 23-15-931 - Issuance of subpoenas and summonses by circuit clerk prior to hearing; assistance by, and findings of, election commissioners; entry of judgment by trial judge

When the day for the hearing has been set, the circuit clerk shall issue subpoenas for witnesses as in other litigated cases, and he shall also issue a summons to each of the five (5) election commissioners of the county, unless they waive summons, requiring them to attend the hearing, throughout which the commissioners shall sit with the judge as advisors or assistants in the trial and determination of the facts, and as assistants in counts, calculations and inspections, and in seeing to it that ballots, papers, documents, books and the like are diligently secured against misplacement, alteration, concealment or loss both in the sessions and during recesses or adjournments. The judge is, however, the controlling judge both of the facts and the law, and has all the power in every respect of a circuit judge in termtime. The tribunal shall be attended by the sheriff, and clerk, each with sufficient deputies, and by a court reporter. The special tribunal so constituted shall fully hear the contest or complaint de novo, and the original contestant before the party executive committee shall have the burden of proof and the burden of going forward with the evidence in the hearing before the special tribunal. The special tribunal, after the contest or complaint has been fully heard anew, shall make a finding dictated to the reporter covering all controverted material issues of fact, together with any dissents of any commissioner, and thereupon, the trial judge shall enter the judgment which the county executive committee should have entered, of which the election commissioners shall take judicial notice, or if the matter be one within the jurisdiction of the State Executive Committee, the judgment shall be certified and promptly forwarded to the Secretary of the State Executive Committee, and, in the absence of an appeal, it shall be the duty of the State Executive Committee forthwith to reassemble and revise any decision theretofore made by it so as to conform to the judicial judgment; that when the contest is upon a complaint filed with the State Executive Committee and the petition to the court avers that the wrong or irregularity is one which occurred wholly within the proceedings of the state committee, the petition to the court shall be filed in the Circuit Court of Hinds County and, after notice served, shall be promptly heard by the circuit judge of that county, without the attendance of commissioners.
Derived from 1972 Code § 23-3-49 [Codes, 1942, § 3184; Laws, 1935, ch. 19; Laws, 1968, ch. 567, § 2; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 285; Laws, 2012, ch. 476, § 3, eff. 9/17/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).