reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-45 - Publication of initiatives and Legislative Alternatives; inclusion of arguments or explanation; public hearing; notice of hearing

(1)
A pamphlet containing a copy of all initiative measures and legislative alternatives, including the ballot title and ballot summary, arguments or explanations for and against each measure and alternative and the fiscal analysis prepared by the chief legislative budget officer shall be compiled by the Secretary of State. The sponsor may prepare the argument or explanation on the measure. If the sponsor does not prepare the argument or explanation, then the Secretary of State shall do so. Each argument or explanation shall not exceed three hundred (300) words. The Secretary of State shall publish the ballot title, ballot summary, full text of each measure and arguments or explanations for and against each measure and alternative once a week for three (3) consecutive weeks immediately preceding the election in at least one (1) newspaper of general circulation in each county of the state. The costs of such printing and publication shall be borne by the Secretary of State from funds appropriated by the Legislature.
(2)
The Secretary of State shall conduct at least one (1) public hearing in each congressional district on each measure to be placed on the ballot and shall give public notice thereof at least thirty (30) days before a hearing.
Laws, 1993, ch. 514, § 23, eff. 8/3/1993 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-47 - Definitions applicable to sections 23-17-47 through 23-17-59

For the purposes of Sections
23-17-47
through
23-17-59
, the following terms shall have the meanings ascribed to them in this section:
(a)
"Contribution" means any gift, subscription, loan, advance, money or anything of value made by a person or political committee for the purpose of influencing the passage or defeat of a measure on the ballot, for the purpose of obtaining signatures for the proposed ballot measures and attempting to place the proposed measure on the ballot, and for the purpose of opposing efforts to place a proposed measure on the ballot; but does not include noncompensated, nonreimbursed volunteer personal services.
(b)
"Person" means any individual, family, firm, corporation, partnership, association or other legal entity.
(c)
"Political committee" means any person, other than an individual, who receives contributions or makes expenditures for the purpose of influencing the passage or defeat of a measure on the ballot.
(d)
"Expenditure" means any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure, for the purpose of obtaining signatures for a proposed ballot measure and attempting to place the proposed measure on the ballot, and for the purpose of opposing efforts to place a proposed measure on the ballot.
Laws, 1993, ch. 514, § 24; Laws, 1999, ch. 301, § 17, eff. 1/15/1999 (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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-49 - Statement of organization of political committees; when to file; contents of statement; changes in statement

(1)
Each political committee shall file with the Secretary of State a statement of organization no later than ten (10) days after receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or no later than ten (10) days after having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).
(2)
The statement of organization of a political committee must include:
(a)
The name and address of the committee and all officers;
(b)
Designation of a director of the committee and a custodian of books and accounts of the committee, who shall be designated treasurer; and
(c)
A brief statement identifying the measure that the committee seeks to pass or defeat.
Any change in information previously submitted in a statement of organization shall be reported and filed within ten (10) days.
Laws, 1993, ch. 514, § 25, eff. 8/3/1993 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-51 - Political committees and certain individuals to file financial reports; when to file; penalties

(1)
A political committee that either receives contributions or makes expenditures in excess of Two Hundred Dollars ($200.00) shall file financial reports with the Secretary of State.
(2)
An individual person who on his or her own behalf expends in excess of Two Hundred Dollars ($200.00) for the purpose of influencing the passage or defeat of a measure shall file financial reports with the Secretary of State.
(3)
The financial reports required in this section shall be filed monthly, not later than the tenth day of the month following the month being reported, after a political committee or an individual exceeds the contribution or expenditure limits. Financial reports must continue to be filed until all contributions and expenditures cease. In all cases a financial report shall be filed thirty (30) days following the election on a measure.
(4)
Any person, who violates the provisions of this section, shall be subject to a fine as provided in Section
23-15-813
.
Laws, 1993, ch. 514, § 26; Laws, 1999, ch. 301, § 18, eff. 1/15/1999 (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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-53 - Content of financial reports

A financial report of a political committee, or an individual person, as required by Section
23-17-51
, shall contain the following information:
(a)
The name, address and telephone number of the committee or individual person filing the statement.
(b)
For a political committee:
(i)
The total amount of contributions received during the period covered by the financial report;
(ii)
The total amount of expenditures made during the period covered by the financial report;
(iii)
The cumulative amount of those totals for each measure;
(iv)
The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report;
(v)
The total amount of contributions received during the period covered by the financial report from persons who contributed Two Hundred Dollars ($200.00) or less, and the cumulative amount of that total for each measure;
(vi)
The total amount of contributions received during the period covered by the financial report from persons who contributed Two Hundred Dollars ($200.00) or more, and the cumulative amount of that total for each measure; and
(vii)
The name and street address of each person from whom a contribution(s) exceeding Two Hundred Dollars ($200.00) was received during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each measure.
(c)
For an individual person:
(i)
The total amount of expenditures made during the period covered by the financial report;
(ii)
The cumulative amount of that total for each measure; and
(iii)
The name and street address of each person to whom expenditures totaling Two Hundred Dollars ($200.00) or more were made, together with the amount of each separate expenditure to each person during the period covered by the financial report and the purpose of the expenditure.
(iv)
The total amount of contributions received during the period covered by the financial report, the cumulative amount of that total for each measure, and the name and street address of each person who contributed more than Two Hundred Dollars ($200.00) and the amount contributed.
Laws, 1993, ch. 514, § 27, eff. 8/3/1993 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-55 - Required distance from polling place for distributing or posting material concerning initiative measure

It is unlawful for any person to distribute or post material in support of or in opposition to a measure within one hundred fifty (150) feet of any entrance to a polling place where the election is held.
Laws, 1993, ch. 514, § 28, eff. 8/3/1993 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-57 - Unlawful to give or offer consideration to elector

(1)
It is unlawful for a person to give or offer any consideration to an elector to induce the elector to vote for or against a measure.
(2)
It is unlawful for a person to give or offer any consideration to an elector to induce the elector to sign or not sign a petition for a measure.
(3)
It is unlawful for any person that pays or compensates another person for circulating a petition or for obtaining signatures on a petition to base the pay or compensation on the number of petitions circulated or the number of signatures obtained.
(4)
It is unlawful for any person to solicit signatures on any petition under this chapter within one hundred fifty (150) feet of any polling place on any election day.
(5)
It is unlawful for any person who circulates or causes to be circulated an initiative petition to obtain or attempt to obtain a person's signature (a) by intentionally misleading such person as to the substance or effect of the petition, or (b) by intentionally causing such person to be misled as to the substance or effect of the petition.
Laws, 1993, ch. 514, § 29; Laws, 1996, ch. 444, § 2, eff. 6/28/1996 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-59 - Unlawful to interfere with or influence vote of elector

It is unlawful for a person to interfere with or influence the vote of an elector on a measure by means of violence, threats, intimidation, enforcing the payment of a debt, bringing a suit or criminal prosecution, any threat or action affecting a person's conditions of employment or other corrupt means.
Laws, 1993, ch. 514, § 30, eff. 8/3/1993 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-60 - Removal of name from initiative petition due to fraud or coercion

Any person who alleges that his or her signature on an initiative petition was obtained as the result of fraud or coercion, or that the person was intentionally misled as to the substance or effect of the petition, may have his or her signature removed from the initiative petition upon filing an affidavit to such effect with the Secretary of State anytime before the Secretary of State has accepted and filed the petition under Section
23-17-23
.
Laws, 1996, ch. 444, § 5, eff. 6/28/1996 (the date the United States Attorney General interposed no objections 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 17 - AMENDMENTS TO CONSTITUTION BY VOTER INITIATIVE (§§ 23-17-1 — 23-17-61) › Section 23-17-61 - Penalties for violating sections 23-17-49 through 23-17-59

Any violation of Sections
23-17-49
through
23-17-59
is punishable by imprisonment in the county jail for not more than one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
Laws, 1993, ch. 514, § 31, eff. 8/3/1993 (the date the United States Attorney General interposed no objections under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-1 - Length of terms

The term of office of all officers, not otherwise provided for by law, shall be four (4) years and until their successors shall be duly qualified.
Codes, Hutchinson's 1848, ch. 33, art 11; 1857, ch. 6, art § 183; 1871, § 307; 1880, § 396; 1892, § 3049; 1906, § 3456; Hemingway's 1917, § 2794; 1930, § 2881; 1942, § 4026.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-3 - Date terms begin for state officers, except the governor

The term of office of all state officers elected at a general election for that purpose, except the Governor, shall commence on the Thursday next after the first day of the legislative session.
Codes, 1880, § 398; 1892, § 3050; 1906, § 3457; Hemingway's 1917, § 2795; 1930, § 2882; 1942, § 4027; Laws, 1973, ch. 352, § 1; Laws, 1982, ch. 387, eff. 11/2/1982 (date of approval by the state electorate of amendment to section 140, Mississippi Constitution of 1890, as proposed by Senate Concurrent Resolution No. 517 [ch. 621, Laws, 1982]).
Amended by Laws, 2024, ch. 360, HB 1121,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-5 - Date terms begin for district, county, and beat officers

The term of office of all officers elected at such election for any district office, in a district composed of more than one county, or any county office, or any office of a subdivision of a county shall commence on the first Monday of January next succeeding the election.
Codes, 1880, § 396; 1892, § 3051; 1906, § 3458; Hemingway's 1917, § 2796; 1930, § 2883; 1942, § 4028.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-7 - Vacancy in office

If any person elected or appointed to any state, state district, levee board, county, county district, or municipal office shall fail to qualify as required by law on or before the day of the commencement of his term of office, or for any cause any such officer shall hold over after his regular term of office expires under the authority given him to hold over until his successor is appointed or elected and qualified, a vacancy in such office shall occur thereby and it shall be filled in the manner prescribed by law, as provided by Section 103 of the Constitution for filling vacancies in such offices, unless the failure to qualify arises from there being no officer to approve the bond of such officer-elect, and except the Governor-elect when the Legislature fixes by resolution the time of his installation. This section shall not be applicable to any coroner who fails to qualify as provided in Section
19-21-105
.
Codes, 1857, ch. 6, art. 196; 1871, § 319; 1880, § 400; 1892, § 3052; 1906, § 3459; Hemingway's 1917, § 2797; 1930, § 2884; 1942, § 4029; Laws, 1924, ch. 230; Laws, 1986, ch. 459, § 29, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-9 - Oath of office taken

The oath of office may be taken by all officers before any person authorized by law to administer an oath.
Codes, Hutchinson's 1848, ch. 33, art 27 (2); 1857, ch. 6, arts 184, 185; 1871, § 308; 1880, § 401; 1892, § 3053; 1906, § 3460; Hemingway's 1917, § 2798; 1930, § 2885; 1942, § 4030.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-11 - Oath of office filed

The oath of office of all state officers, and of all officers elected or appointed for any district composed of more than one county, shall be filed in the office of the secretary of state; but the oath of office of the circuit judges, chancellors, and district attorneys may be filed in the office of the clerk of the court where such officer shall first attend to discharge the duties of his office. The oath of office of all officers whose duties are confined within the limits of the county in which they are elected shall be filed in the office of the clerk of the chancery court of the county.
Codes, 1857, ch. 6, arts 184, 185; 1871, § 308; 1880, § 402; 1892, § 3054; 1906, § 3461; Hemingway's 1917, § 2799; 1930, § 2886; 1942, § 4031.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-12 - Certain public officers and employees required to give individual bond or be covered by blanket bond

(1)
Notwithstanding any other provision of law to the contrary, any public officer or employee handling or having the custody of public funds, by virtue of his or her office or employment, shall give an individual bond or be covered by a blanket bond. The amount of such bonds shall not be less than Twenty-five Thousand Dollars ($25,000.00) for each public officer or employee, unless a specific amount is otherwise required by law. The provisions of this section shall not apply to any public officer or employee whose activity of handling or having custody of public funds is incidental to his or her employment or job duties, as defined by the regulations of the State Auditor's office.
(2)
All individual bonds and blanket bonds as required by this section shall follow the form and content as provided in Section
25-1-15
.
Added by Laws, 2021, ch. 422, HB 136,§ 1, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-13 - State officials to make guaranty or surety bonds

The state officials hereinafter named shall give bond in the penalty specified for each, with surety by one or more guaranty or surety companies authorized to do business in the state. Said bonds shall be approved by the Governor and commissioner of insurance and, when so approved, shall be filed and recorded in the office of the secretary of state.
The bond of the auditor of public accounts shall be for Thirty Thousand Dollars ($30,000.00); the state treasurer, One Hundred Thousand Dollars ($100,000.00); the land commissioner, Fifteen Thousand Dollars ($15,000.00); each of the public service commissioners, Ten Thousand Dollars ($10,000.00); director of the feed and fertilizer division, department of agriculture and commerce, Ten Thousand Dollars ($10,000.00); assistant secretary of state, Five Thousand Dollars ($5,000.00); state forester, Five Thousand Dollars ($5,000.00); sergeant of the guard of penitentiary, One Thousand Dollars ($1,000.00); dispatch sergeant of the state penitentiary, One Thousand Dollars ($1,000.00).
The official bonds of all other state officers shall continue and remain as to amounts thereof as now fixed elsewhere by law, but said bonds shall be subject to the provisions stated herein for sureties, approval, filing, and premium payment unless otherwise specifically provided.
Premiums paid on all bonds under the provisions of this section shall be paid out of the state treasury upon warrant of the auditor, which shall be issued upon the approval of the bonds as herein provided; provided, however, that the said premiums shall be at the lowest rate obtainable. If from any cause such guaranty or surety bond or bonds cannot be obtained in whole or in part because of refusal of said guaranty or surety companies, at a reasonable rate in the judgment of the insurance commissioner or for other cause, to make such bond or bonds, upon certificate of the commissioner of insurance to that effect, the officer or officers having thus been unable to make a bond or bonds may make such bond with personal or individual surety in the required penalty, to be approved by the Governor and filed and recorded as directed herein, together with the certificate of the commissioner of insurance attached to the bond.
Codes, 1906, § 3462; Hemingway's 1917, § 2800; 1930, § 2887; 1942, § 4032; Laws, 1902, ch. 53; Laws, 1908, ch. 191.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-17 - Official bonds payable to state

The bonds of all public officers and public employees required to give bond shall be made payable to the state, and shall be put in suit in the name of the state for the use and benefit of any person injured by the breach thereof. Such bonds shall not be void on the first recovery, but may be put in suit from time to time by any party injured by the breach thereof, until the whole penalty shall be recovered.
Codes, 1857, ch. 6, art 188; 1871, § 311; 1880, § 404; 1892, § 3056; 1906, § 3464; Hemingway's 1917, § 2802; 1930, § 2889; 1942, § 4034; Laws, 1986, ch. 458, § 2, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-19 - Approval of bonds of county and beat officers

(1)
The bond of the chancery clerk and circuit clerk of each county shall be approved by the board of supervisors of the county. The bond of the members of the board of supervisors of the county shall be approved by the chancery clerk of such county. The bonds of all other county officers and employees, or officers and employees for any district, subdivision, board or commission of a county, including public school districts, shall be approved by the board of supervisors of such county. All the bonds shall be filed and recorded in the office of the clerk of the chancery court of the county, except that the original of the chancery clerk's bond, after it is recorded, shall be deposited and filed in the office of the clerk of the circuit court.
(2)
The bond of any municipal officer or employee required to give bond shall be approved by the governing authority of such municipality. All said bonds shall be filed and recorded in the office of the municipal clerk of said municipality.
(3)
The bonds of all other officers and employees, unless otherwise provided by law, shall be approved by and filed with the appointing authority of such officer or employee.
Codes, Hutchinson's 1848, ch. 33, art 22 (2); 1857, ch. 6, art 187; 1871, § 310; 1880, §§ 405, 406; 1892, § 3057; 1906, § 3465; Hemingway's 1917, § 2803; 1930, § 2890; 1942, § 4035; Laws, 1986, ch. 458, § 3; Laws, 1988, ch. 471; Laws, 1988, ch. 488, § 1, eff. 4/30/1988.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-21 - Affidavit of worth

Each surety, other than a surety company, on the official bond of any public officer or employee shall make affidavit before some officer competent to administer oaths that he is worth a certain sum, to be specified, in land owned and held by him in his own name and right in fee simple, or for life or a term of not less than twenty (20) years, and situated in the county, over and above all legal exemptions and all his debts and liabilities, including the amount of his liability on any other official bond where the term of office for which the same was given has not expired or where it has expired within a period of five (5) years from the date of such affidavit; and such affidavit shall be endorsed on or annexed to the bond.
Said surety shall set forth in such affidavit a full and clear description of the land, the actual cash value thereof, and the amount of any encumbrance thereon, if any.
Codes, 1857, ch. 6, art 187; 1871, § 310; 1880, §§ 407, 408; 1892, §§ 3058, 3059; 1906, §§ 3466, 3467; Hemingway's 1917, §§ 2804, 2805; 1930, §§ 2891, 2892; 1942, §§ 4036, 4037; Laws, 1942, ch. 222; Laws, 1986, ch. 458, § 4, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-25 - New bond required in certain cases

In case the sureties or any of them, of any public officer or employee shall permanently remove out of the state or become insolvent, or if from any cause an official bond shall be found insufficient, the Governor in the case of a state officer or employee, and the appropriate governing authority in the case of a local officer or employee, shall notify such officer or employee to appear at a day and place to be named within ten (10) days thereafter, to give a new bond with other sufficient sureties in a penalty equal to that of the former bond and with the like condition, or to show cause why the same should not be required. If such officer or employee shall fail or neglect so to do within a time to be designated, his office or position shall thereby become vacant and he shall cease to discharge any of the duties thereof. If a state officer or employee, the Governor shall cause the vacancy to be filled as in other cases; and, if a local office or employee, the vacancy shall be filled as in other cases of vacancy in local offices. From proceedings under this section there shall be no appeal; and if the officer or employee to be notified be without the state or abscond, he may be notified by publication as defendants in chancery are so notified.
Codes, Hutchinson's 1848, ch. 33, art 3 (6); 1857, ch. 6, art 192; 1871, § 315; 1880, § 411; 1892, § 3062; 1906, § 3469; Hemingway's 1917, § 2807; 1930, § 2894; 1942, § 4039; Laws, 1986, ch. 458, § 6, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-27 - Release of surety on bond of local officer or employee

In case a surety on any bond of any local officer or employee shall conceive himself to be in danger of suffering by being such surety and shall desire to be relieved therefrom, he may petition the board of supervisors or the municipal governing authority, as the case may be, for relief in the premises. The appropriate local governing authority shall thereupon order that the officer or employee give a new bond with sufficient sureties in a penalty not less than the first bond and conditioned according to law, and notice of such order shall forthwith be given to such officer or employee. Said new bond shall be furnished within such reasonable time as the governing authority may direct, not exceeding thirty (30) days from the date of said order; and on the giving of such bond and the approval thereof by the governing authority, the petitioner shall be discharged from further liability on the bond as to the performances of all official duties after the giving of such new bond. If such officer or employee shall fail or refuse to comply with the order to give a new bond, his office or position shall thereby become vacant and the vacancy shall be filled as in other cases of vacancies in local offices or positions.
Codes, Hutchinson's 1848, ch. 33, art 9 (1); 1857, ch. 6, art 193; 1871, § 316; 1880, § 412; 1892, § 3063; 1906, § 3470; Hemingway's 1917, § 2808; 1930, § 2895; 1942, § 4040; Laws, 1922, ch. 237; Laws, 1986, ch. 458, § 7, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-29 - Release of surety on bond of state officer

In case a surety on any bond of any state officer shall desire to be relieved therefrom, he may petition to the Governor to that purpose and give notice thereof to the officer from whose bond he wishes to be relieved; and the Governor shall also communicate and give notice to such officer. If said officer shall not within such reasonable time as the Governor shall direct, not exceeding thirty (30) days, present a new bond in a penalty not less than the first and conditioned according to law, such office shall be declared vacant by the Governor. On the giving of such new bond and the approval as required by law, the petitioner shall be discharged from further liability on the bond as to the performance of all official duties after the giving of such new bond. In the event such surety shall be relieved, he shall refund to the state the unearned premium on such bond.
Codes, Hutchinson's 1848, ch. 33, art 9 (1); 1857, ch. 6, art 193; 1871, § 316; 1880, § 412; 1892, § 3063; 1906, §§ 2385, 3471; Hemingway's 1917, §§ 2809, 4777; 1930, §§ 2896, 4831; 1942, §§ 3989, 4041; Laws, 1896, ch. 51.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-31 - Personal bonds

All bonds required by law to be made by all public officers and employees shall be made in a surety company, authorized to do business in this state.
Any such officer or employee may make affidavit, such affidavit to include two (2) letters of refusal of such bond by bonding companies licensed to do business in the State of Mississippi, that he has made diligent effort to obtain the surety bond required by this section and was unable to do so. In such event, such officer or employee may make his official bond with two (2) or more personal sureties, qualified as provided by law.
Codes, 1930, § 2897; 1942, § 4042; Laws, 1924, ch. 233; Laws, 1962, ch. 495; Laws, 1981, ch. 471, § 45; Laws, 1982, ch. 423, § 9; Laws, 1986, ch. 458, § 8, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-33 - Premiums on official bonds

(1)
The premiums on all bonds given by public officers and employees shall be paid out of any funds available for such expenditure.
(2)
Any authority, board, commission or other public entity created by state law is hereby authorized and empowered to expend such portion of its funds as may be found necessary to pay all premiums on surety bonds drawn in favor of the State of Mississippi, which such public entity may require its employees to furnish for the faithful performance of their duties.
(3)
This section is to apply only to the payment of such surety bond premiums as are not now otherwise provided for by law.
Codes, 1942, § 4043; Laws, 1940, ch. 148; Laws, 1986, ch. 458, § 9, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-35 - Commission not necessary

All county officers and officers chosen for any portion or district of a county and all municipal officers and officers chosen for any portion or ward of a municipality, shall be authorized to exercise the duties and functions of the office to which they are elected, after they have received certificates of their election, as provided by law, whether they have received their commissions or not; but such officers shall first give bond, if any, required by law or ordinance, and take the oath of office prescribed by the constitution.
Codes, Hutchinson's 1848, ch. 33, art 12 (3); 1857, ch. 6, art 189; 1871, § 312; 1880, § 414; 1892, § 3064; 1906, § 3472; Hemingway's 1917, § 2810; 1930, § 2898; 1942, § 4044; Laws, 1972, ch. 342, § 1, eff. 4/19/1972.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-37 - Acts of de facto officer valid

The official acts of any person in possession of a public office and exercising the functions thereof shall be valid and binding as official acts in regard to all persons interested or affected thereby, whether such person be lawfully entitled to hold the office or not and whether such person be lawfully qualified or not; but such person shall be liable to all the penalties imposed by law for usurping or unlawfully holding office, or for exercising the functions thereof without lawful right or without being qualified according to law.
Codes, 1857, ch. 6, art 194; 1871, § 317; 1880, § 415; 1892, § 3065; 1906, § 3473; Hemingway's 1917, § 2811; 1930, § 2899; 1942, § 4045.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-39 - Deputy to discharge duty after death of officer

If any state or county officer shall die having a deputy, the deputy may continue to discharge the duties of the office in the name of the deceased officer as if he had not died, until the vacancy in the office shall be filled according to law. The official bond of the deceased officer and his estate shall be a security for the faithful performance of the duties of the office by the deputy, who shall be subject to all the provisions of law applicable to his principal in his lifetime; and the personal representative of the decedent shall have like remedy against the deputy as the decedent would have if living. Where there are two judicial districts in a county and there be a deputy in each, the deputy of the first district shall discharge the duties of the office under the provisions of this section.
Codes, 1857, ch. 4, art 26; 1871, § 394; 1880, § 423; 1892, § 3079; 1906, § 3487; Hemingway's 1917, § 2825; 1930, § 2900; 1942, § 4046.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-41 - Informal bonds valid

All bonds or recognizances taken by any officer in the discharge of his duty shall be valid and binding on the obligors therein, whether taken in the form prescribed or not, so that the substantial matters required be contained therein; and such bonds shall only be void so far as they may be conditioned for the performance of acts in violation of the law or policy of the state. It shall be lawful to show by parol that any bond or recognizance was taken by an officer in the discharge of his duty, although such fact ought to appear upon the bond or recognizance, or in writing or of record, and do not so appear; and if an officer take a recognizance in a case where he should have taken a bond, it shall bind the parties in the same manner as if it had been authorized.
Codes, 1857, ch. 6, art 201; 1871, § 324; 1880, § 422; 1892, § 3076; 1906, § 3484; Hemingway's 1917, § 2822; 1930, § 2901; 1942, § 4047.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-43 - Officer not to make contract without authority

An officer shall not enter into any contract on behalf of the state, or of any county, city, town, or village thereof, without being specially authorized thereto by law or by an order of the board of supervisors or municipal authorities.
Codes, Hutchinson's 1848, ch. 33, art 23; 1857, ch. 6, art 195; 1871, § 318; 1880, § 416; 1892, § 3066; 1906, § 3474; Hemingway's 1917, § 2812; 1930, § 2902; 1942, § 4048.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-45 - Civil liability for failure to perform duty

If any county, county district, or municipal officer who has executed bond for the faithful performance of duty shall knowingly or wilfully fail, neglect, or refuse to perform any duty required of him by law or shall violate his official obligations in any respect, the president or, in the absence or disability or default of the president, the vice-president of the board of supervisors in case of a county or county district officer, and the mayor in case of a municipal officer, or any person interested in either case shall cause suit to be brought on the bond of such officer for the recovery of the damages that may have been sustained thereby.
Codes, 1857, ch. 64, art 62; 1871, § 2890; 1880, § 2757; 1892, § 3067; 1906, § 3475; Hemingway's 1917, § 2813; 1930, § 2903; 1942, § 4049; Laws, 1886, p 156; Laws, 1959, Ex Sess ch. 22, § 8.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-47 - Defense of public employees and satisfaction of judgment

(1)
Any municipality of the State of Mississippi is hereby authorized and empowered, within the discretion of its governing authorities, to investigate and provide legal counsel for the defense of any claim, demand, or action, whether civil or criminal, made or brought against any state, county, school district, or municipal officer, agent, servant, employee, or appointee as a result of his actions while acting in the capacity of such officer, agent, servant, employee, or appointee; and such municipality is hereby authorized to pay for all costs and expenses incident to such investigation and defense.
(2)
Any municipality of this state is hereby authorized and empowered, within the discretion of its governing authorities, to pay and satisfy any negotiated settlement of a claim or any judgment, fine, or penalty which may be made, assessed, or levied by any court against any municipal agent, officer, servant, employee, or appointee as a result of any actions of such municipal agent, officer, servant, employee, or appointee while acting as such.
Codes, 1942, § 4049.5; Laws, 1962, 1st Ex Sess ch. 5, §§ 1-3; Laws, 1971, ch. 447, § 1, eff. 3/25/1971.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-49 - Seller may recover claim unlawfully brought by an officer

If any county officer or his deputy shall unlawfully purchase or become interested in any certificate or claim of any kind payable out of the county treasury or in any witness certificate issued in a civil case, the person selling any such claim or certificate may recover the face value thereof of such officer on his official bond; and he shall not be required to account for what he received when he sold.
Codes, 1880, §§ 1825, 2759; 1892, § 3068; 1906, § 3476; Hemingway's 1917, § 2814; 1930, § 2904; 1942, § 4050.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-53 - Nepotism prohibited

It shall be unlawful for any person elected, appointed or selected in any manner whatsoever to any state, county, district or municipal office, or for any board of trustees of any state institution, to appoint or employ, as an officer, clerk, stenographer, deputy or assistant who is to be paid out of the public funds, any person related by blood or marriage within the third degree, computed by the rule of the civil law, to the person or any member of the board of trustees having the authority to make such appointment or contract such employment as employer. This section shall not apply to any employee who shall have been in said department or institution prior to the time his or her kinsman, within the third degree, became the head of said department or institution or member of said board of trustees; and this section shall not apply to any person seeking appointment as an election worker who has served as an election worker in the election immediately preceding the commencement of a term of office as an election commissioner by his kinsman within the third degree. The provision herein contained shall not apply in the instance of the employment of physicians, nurses or medical technicians by governing boards of charity hospitals or other public hospitals.
Codes, 1930, § 2905; 1942, § 4051; Laws, 1926, ch. 170; Laws, 1975, ch. 333; Laws, 1994, ch. 627, § 1, eff. 4/8/1994.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-55 - Penalty for nepotism

Any person violating the provisions of Section
25-1-53
shall forfeit to the State of Mississippi, and shall be liable on his official bond for, an amount equal to the sum of all moneys paid to any person appointed or employed in violation of the provisions aforesaid.
Codes, 1930, § 2906; 1942, § 4052; Laws, 1926, ch. 170.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-57 - Undated or postdated resignations

Whenever any appointment or employment of an officer or employee of the State of Mississippi or any agency, department, or institution thereof, shall by law require confirmation by the Mississippi State Senate, no officer or employee of the state, or any other person, shall take, require, accept, or otherwise obtain as a condition of appointment or employment an undated or postdated resignation from a person to be appointed as an officer or employee of the state or any agency, department, or institution thereof. Any such resignation accepted, taken, or obtained contrary to the provisions hereof shall be null and void and of no effect, unless the Mississippi State Senate shall have been advised of the existence and content of any undated or postdated resignation and consented thereto at the time of its confirmation of the appointment or employment.
Codes, 1942, § 4052.5; Laws, 1960, ch. 385.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-59 - Vacancy by removal or default

If any state, district, county, county district, or municipal officer during the term of his office shall remove out of the state, district, county, or municipality for which he was elected or appointed, such office shall thereby become vacant and the vacancy be supplied as by law directed. If any person who has been or shall be a collector or holder of public money is elected to either branch of the Legislature or to any office of profit or trust, and shall not have accounted for and paid into the treasury all sums for which he may be accountable on or before the day of the meeting of the Legislature to which he shall be chosen or the time for the commencement of his term of office, the seat of such person in the Legislature or the office to which he was elected shall be forthwith vacated thereby.
Codes, 1857, ch. 4, art. 25; 1871, § 393; 1880, § 153; 1892, § 3070; 1906, § 3478; Hemingway's 1917, § 2816; 1930, § 2908; 1942, § 4054.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-61 - Legal residence of state officers

All public officers of this state who are required to, or who for official reasons, remove from the county of their actual household and residence to another county of this state for the purpose of performing the duties of their office shall be deemed in law in all respects to be householders and residents of the county from which they so remove, unless such officer elects to become an actual householder and resident of the county to which he removed for official causes.
Codes, 1930, § 2909; 1942, § 4055; Laws, 1926, ch. 175.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-63 - Defaulting officers published

If any state, state district, county, county district, or other public officer who is required by law to make any report to or settlement with another officer, or in any manner to account with such officer, shall fail to make the report or settlement or to account within ten (10) days after the date on which such report, settlement, or accounting should be made or had or within such reasonable extended time, not exceeding thirty (30) days, as such other officer in a proper case may allow, the fact of such default shall be published by the officer to or with whom the report, settlement, or accounting should be made or had in a newspaper published in the county of the defaulter's residence, if there be one so published willing to make the publication, and, if not, then in one published at the capital. If any officer to or with whom any such defaulter should report, settle, or account shall fail to make such publication within fifty (50) days after the date of the original default, any citizen who is not a surety of the defaulter may bring an action against the officer so failing to publish the defaulter, personally or on his bond, and shall recover all damages to such citizen and a penalty of Five Hundred Dollars ($500.00); and, to recover the penalty, it shall not be necessary to show any damages, provided that only one (1) penalty shall be recovered. Two Hundred and Fifty Dollars ($250.00) of the penalty, in the case of a state or state district officer, shall be paid into the state treasury, and in case of a county or county district officer, into the county treasury, and the other half to the person suing. It shall be the duty of the district attorney to bring all such suits.
Codes, 1892, § 3071; 1906, § 3479; Hemingway's 1917, § 2817; 1930, § 2910; 1942, § 4056; Laws, 1916, ch. 226.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 1 - PUBLIC OFFICERS; GENERAL PROVISIONS (§§ 25-1-1 — 25-1-119) › Section 25-1-65 - Expense of publication

The expense of publishing such defaulters shall be paid out of the county treasury on the allowance of the board of supervisors in the case of a county or county district officer, and in the case of a state or state district officer, out of the state treasury, as other contingent expenses are paid.
Codes, 1892, § 3072; 1906, § 3480; Hemingway's 1917, § 2818; 1930, § 2911; 1942, § 4057.