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 19 - ABSENTEE BALLOTS (§§ 23-15-621 — 23-15-755) › Subarticle E - GENERAL PROVISIONS (§§ 23-15-751 — 23-15-755) › Section 23-15-753 - Penalties for vote fraud

(1)
Any person who willfully, unlawfully and feloniously procures, seeks to procure, or seeks to influence the vote of any person voting by absentee ballot, by the payment of money, the promise of payment of money, or by the delivery of any other item of value or promise to give the voter any item of value, or by promising or giving the voter any favor or reward in an effort to influence his vote, or any person who aids, abets, assists, encourages, helps, or causes any person voting an absentee ballot to violate any provision of law pertaining to absentee voting, or any person who sells his vote for money, favor, or reward, has been paid or promised money, a reward, a favor or favors, or any other item of value, or any person who fraudulently requests or submits an absentee ballot application for any voter, or any person who shall willfully swear falsely to any affidavit provided for in Sections
23-15-621
through
23-15-735
, shall be guilty of the crime of "vote fraud" and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.
(2)
It shall be unlawful for any person who pays or compensates another person for assisting voters in marking their absentee ballots to base the pay or compensation on the number of absentee voters assisted or the number of absentee ballots cast by persons who have received the assistance. Any person who violates this section, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the Penitentiary not less than one (1) year nor more than five (5) years, or both.
Derived from 1972 Code § 23-9-703 [Codes, 1942, § 3203-602; Laws, 1972, ch. 490, § 602; repealed by Laws, 1986, ch. 495, § 344]; Laws, 1986, ch. 495, § 238; Laws, 1993, ch. 528, § 16; Laws, 1999, ch. 420, § 6, eff. 6/17/1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Amended by Laws, 2023, ch. 444, HB 1306,§ 4, eff. 1/1/2024.
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 19 - ABSENTEE BALLOTS (§§ 23-15-621 — 23-15-755) › Subarticle E - GENERAL PROVISIONS (§§ 23-15-751 — 23-15-755) › Section 23-15-755 - Applicability of Sections 23-15-621 through 23-15-735

All of the provisions of Sections
23-15-621
through
23-15-735
shall be applicable, insofar as possible, to municipal, primary, preferential, general and special elections, and wherever herein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners, or county executive committee with reference to a state and county election, such duty shall likewise be imposed and such power and authority shall likewise be conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election. Any duty, obligation or responsibility imposed upon the registrar or upon the election commissioners, when applicable, shall likewise be conferred upon and devolved upon the appropriate party, executive committee or officials in any party primary.
Derived from 1972 Code § 23-9-705 [Codes, 1942, § 3203-603; Laws, 1972, ch. 490, § 603; repealed by Laws, 1986, ch. 495, § 344]; Laws, 1986, ch. 495, § 239; Laws, 1993, ch. 528, § 17, eff. 8/16/1993 (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 21 - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTORS (§§ 23-15-771 — 23-15-791) › Subarticle A - SELECTION OF PRESIDENTIAL ELECTORS BY POLITICAL PARTIES (§ 23-15-771) › Section 23-15-771 - Selection of electors at state convention for place on primary election ballot

At the state convention, a slate of electors composed of the number of electors allotted to this state, which said electors announce a clearly expressed design and purpose to support the candidates for President and Vice-President of the national political party with which the said party of this state has had an affiliation and identity of purpose heretofore, shall be designated and selected for a place upon the primary election ballot to be held as herein provided.
Laws, 1986, ch. 495, § 240, 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 21 - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTORS (§§ 23-15-771 — 23-15-791) › Subarticle B - SELECTION OF PRESIDENTIAL ELECTORS AT GENERAL ELECTION (§§ 23-15-781 — 23-15-791) › Section 23-15-781 - Selection of electors of President and Vice-President by qualified electors of state at large

The number of electors of President and Vice-President of the United States to which this state may be entitled, shall be chosen by the qualified electors of the state at large, on the first Tuesday after the first Monday of November in the year in which an election of President and Vice-President shall occur.
Derived from 1972 Code § 23-5-207 [Codes, Hutchinson's 1848, ch. 7, art 4 (1); 1857, ch. 4, art 39; 1871, § 362; 1880, § 165; 1892, § 3699; 1906, § 4206; Hemingway's 1917, § 6842; 1930, § 6268; 1942, § 3297; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 241, 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 21 - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTORS (§§ 23-15-771 — 23-15-791) › Subarticle B - SELECTION OF PRESIDENTIAL ELECTORS AT GENERAL ELECTION (§§ 23-15-781 — 23-15-791) › Section 23-15-783 - Applicability of laws regulating general elections

The laws regulating the general elections shall in all respects apply to and govern elections of electors of President and Vice-President.
Derived from 1972 Code § 23-5-209 [Codes, Hutchinson's 1848, ch. 7, art 4 (2); 1857, ch. 4, art 40; 1871, § 380; 1880, § 166; 1892, § 3700; 1906, § 4207; Hemingway's 1917, § 6843; 1930, § 6269; 1942, § 3298; Laws, 1944, Ex ch. 2; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 242, 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 21 - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTORS (§§ 23-15-771 — 23-15-791) › Subarticle B - SELECTION OF PRESIDENTIAL ELECTORS AT GENERAL ELECTION (§§ 23-15-781 — 23-15-791) › Section 23-15-787 - Notification of persons elected

The Secretary of State shall, immediately after ascertaining the result, transmit by mail a notice, in writing, to the persons elected.
Derived from 1972 Code § 23-5-211 [Codes, Hutchinson's 1848, ch. 7, art 4 (6); 1857, ch. 4, art 41; 1871, § 381; 1880, § 167; 1892, § 3701; 1906, § 4208; Hemingway's 1917, § 6844; 1930, § 6270; 1942, § 3299; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 244, 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 21 - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTORS (§§ 23-15-771 — 23-15-791) › Subarticle B - SELECTION OF PRESIDENTIAL ELECTORS AT GENERAL ELECTION (§§ 23-15-781 — 23-15-791) › Section 23-15-789 - Meeting of electors; voting; appointments to fill vacancies

The electors chosen shall meet at the seat of government of the state on the first Monday after the second Wednesday in December next following their election, and shall there give their votes for President and Vice-President of the United States, and shall make return thereof agreeably to the laws of the United States; and should any elector so chosen fail to attend and give his vote, the other electors attending shall appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be forthwith reported to the Secretary of State.
Derived from 1972 Code § 23-5-213 [Codes, Hutchinson's 1848, ch. 7, art 4 (4); 1857, ch. 4, art 42; 1871, § 382; 1880, § 168; 1892, § 3702; 1906, § 4209; Hemingway's 1917, § 6845; 1930, § 6271; 1942, § 3300; Laws, 1902, ch. 105; Laws, 1944, Ex ch. 4; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 245, 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 21 - PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTORS (§§ 23-15-771 — 23-15-791) › Subarticle B - SELECTION OF PRESIDENTIAL ELECTORS AT GENERAL ELECTION (§§ 23-15-781 — 23-15-791) › Section 23-15-791 - Allowance to electors for travel and for attendance

Each elector shall be allowed the sum of Four Dollars ($4.00) for every twenty (20) miles of travel, to be estimated by the usual land route, in going from his home to and returning from the seat of government to give his vote, and Four Dollars ($4.00) for every day he shall attend there as an elector, to be paid by the State Treasurer, on the warrant of the auditor.
Derived from 1972 Code § 23-5-215 [Codes, Hutchinson's 1848, ch. 7, art 4 (5); 1857, ch. 4, art 43; 1880, § 169; 1892, § 3703; 1906, § 4210; Hemingway's 1917, § 6846; 1930, § 6272; 1942, § 3301; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 246, 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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-803 - Registration of political committees; administrative penalties for failure to comply

(1)
Each political committee shall file a statement of organization which must be received by the Secretary of State no later than forty-eight (48) hours after:
(a)
Receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or
(b)
Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).
(2)
The content of the statement of organization of a political committee shall include:
(a)
The name, address, officers, and members of the committee;
(b)
The designation of a chair of the organization and a custodian of the financial books, records and accounts of the organization, who shall be designated treasurer; and
(c)
If the committee is authorized by a candidate, then the name, address, office sought and party affiliation of the candidate.
(3)
Any change in information previously submitted in a statement of organization shall be reported and noted on the next regularly scheduled report.
(4)
In addition to any other penalties provided by law, the Mississippi Ethics Commission may impose administrative penalties against any political committee that fails to comply with the requirements of this section in an amount not to exceed Five Thousand Dollars ($5,000.00) per violation. The notice, hearing and appeals provisions of Section
23-15-813
shall apply to any action taken pursuant to this subsection (4). The Mississippi Ethics Commission may pursue judicial enforcement of any penalties issued pursuant to this section.
Derived from 1972 Code § 23-3-41 [Codes, 1942, § 3179; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 1; Laws, 1978, ch. 479, § 1], § 23-3-43 [Codes, 1942, § 3181; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 2; Laws, 1978, ch. 479, § 1], and § 23-3-67 [Codes, 1942, § 3193; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 3; Laws, 1978, ch. 479, § 1] which were repealed by Laws, 1986, ch. 495, §§ 334, 335; Laws, 1986, ch. 495, § 247(2), eff. 1/1/1987.
Amended by Laws, 2017, ch. 417, SB 2689, 3, eff. 1/1/2018.
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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-805 - Filing of reports; public inspection and preservation of reports

(a)
Candidates for state, state district, and legislative district offices, and every political committee, which makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office or makes reportable contributions to or expenditures in support of or in opposition to a statewide ballot measure, shall file all reports required under this article with the Office of the Secretary of State.
(b)
Candidates for county or county district office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office or makes reportable contributions to or expenditures in support of or in opposition to a countywide ballot measure or a ballot measure affecting part of a county, excepting a municipal ballot measure, shall file all reports required by this section in the office of the circuit clerk of the county in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The circuit clerk shall forward copies of all reports to the Office of the Secretary of State.
(c)
Candidates for municipal office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The municipal clerk shall forward copies of all reports to the Office of the Secretary of State.
(d)
The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve the reports for a period of five (5) years.
Derived from 1972 Code § 23-3-41 [Codes, 1942, § 3179; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 1; Laws, 1978, ch. 479, § 1], § 23-3-43 [Codes, 1942, § 3181; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 2; Laws, 1978, ch. 479, § 1], and § 23-3-67 [Codes, 1942, 1942, § 3193; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 3; Laws, 1978, ch. 479, § 1], which were repealed by Laws, 1986, ch. 495, §§ 334, 335; Laws, 1986, ch. 495, § 247(3); Laws, 1999, ch. 301, § 8; Laws, 2001, ch. 301, § 5, eff. 2/7/2001 (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. 417, SB 2689, 4, eff. 1/1/2018.
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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-809 - Statements by persons other than political committees; filing; indices of expenditures

(a)
Every person who makes independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement containing the information required under Section
23-15-807
. Such statement shall be filed with the appropriate offices as provided for in Section
23-15-805
, and such person shall be considered a political committee for the purpose of determining place of filing.
(b)
Statements required to be filed by this section shall include:
(i)
Information indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
(ii)
Under penalty of perjury, a certification of whether or not such independent expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
(iii)
The identification of each person who made a contribution in excess of Two Hundred Dollars ($200.00) to the person filing such statement which was made for the purpose of furthering an independent expenditure.
Derived from 1972 Code § 23-3-41 [Codes, 1942, § 3179; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 1; Laws, 1978, ch. 479, § 1], § 23-3-43 [Codes, 1942, § 3181; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 2; Laws, 1978, ch. 479, § 1], and § 23-3-67 [Codes, 1942, § 3193; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 3; Laws, 1978, ch. 479, § 1], which were repealed by Laws, 1986, ch. 495, §§ 334, 335; Laws, 1986, ch. 495, § 247(5), 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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-811 - Penalties

(a)
Any candidate or any other person who willfully violates the provisions and prohibitions of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer than six (6) months or by both fine and imprisonment.
(b)
In addition to the penalties provided in subsection (a) of this section and Chapter 13, Title 97, Mississippi Code of 1972, any candidate or political committee which is required to file a statement or report and fails to file the statement or report on the date it is due may be compelled to file the statement or report by an action in the nature of a mandamus brought by the Mississippi Ethics Commission.
(c)
No candidate shall be certified as nominated for election or as elected to office until he or she files all reports required by this article that are due as of the date of certification.
(d)
No person shall be qualified to appear on the ballot if, by the time the candidate is approved to appear on the ballot for the office sought, he or she has failed to file all reports required to be filed within the last five (5) years.
(e)
No candidate who is elected to office shall receive any salary or other remuneration for the office until he or she files all reports required by this article that are due as of the date the salary or remuneration is payable.
(f)
In the event that a candidate fails to timely file any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported, the candidate shall not be subject to the sanctions of subsections (c) and (d) of this section.
Derived from 1972 Code § 23-3-41 [Codes, 1942, § 3179; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 1; Laws, 1978, ch. 479, § 1], § 23-3-43 [Codes, 1942, § 3181; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 2; Laws, 1978, ch. 479, § 1], and § 23-3-67 [Codes, 1942, § 3193; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 3; Laws, 1978, ch. 479, § 1], which were repealed by Laws, 1986, ch. 495, §§ 334, 335; Laws, 1986, ch. 495, § 247(6); Laws, 1999, ch. 301, § 10, 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, 2023, ch. 444, HB 1306,§ 2, eff. 1/1/2024.
Amended by Laws, 2017, ch. 417, SB 2689, 6, eff. 1/1/2018.
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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-815 - Administrative provisions; duties of Secretary of State

(a)
The Secretary of State shall prescribe and make available forms and promulgate rules and regulations necessary to implement this article.
(b)
The Secretary of State, circuit clerks and municipal clerks shall, within forty-eight (48) hours after the time of the receipt by the appropriate office of reports and statements filed with it, make them available for public inspection, and copying at the expense of the person requesting such copying, and keep such designations, reports and statements for a period of three (3) years from the date of receipt.
Derived from 1972 Code § 23-3-41 [Codes, 1942, § 3179; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 1; Laws, 1978, ch. 479, § 1], § 23-3-43 [Codes, 1942, § 3181; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 2; Laws, 1978, ch. 479, § 1], and § 23-3-67 [Codes, 1942, § 3193; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 3; Laws, 1978, ch. 479, § 1], which were repealed by Laws, 1986, ch. 495, §§ 334, 335; Laws, 1986, ch. 495, § 247(8), 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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-817 - Compilation and dissemination of list of candidates failing to meet filing requirements

The Secretary of State shall compile a list of all candidates for the Legislature or any statewide office who fail to file a campaign disclosure report by the dates specified in Section
23-15-807(b)
. The list shall be provided to the Mississippi Ethics Commission so that the commission may bring a mandamus as provided in Section
23-15-811
or take any other disciplinary action as provided in this chapter. The list shall also be disseminated to the members of the Mississippi Press Association within two (2) working days after such reports are due and made available to the public.
Laws, 1999, ch. 301, § 12, 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. 417, SB 2689, 8, eff. 1/1/2018.
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 23 - DISCLOSURE OF CAMPAIGN FINANCES (§§ 23-15-801 — 23-15-821) › Section 23-15-819 - Campaign contributions or expenditures of money or other things of value by foreign nationals prohibited

(1)
It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.
(2)
No person shall solicit, accept or receive any such contribution from a foreign national.
(3)
The term "foreign national" means:
(a)
A foreign national as defined in 22 USCS 611(b), except that the terms "foreign national" does not include any individual who is a citizen of the United States; or
(b)
An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.
Added by Laws, 2017, ch. 441, HB 467, 131, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-831 - Appointments by Governor to fill vacancies in state or state district elected offices other than in Legislature

When a vacancy other than in the Legislature occurs by death, resignation or otherwise, in any state or state district elected office, and there is no special provision of law for filling the vacancy, the same shall be filled for the unexpired term by appointment by the Governor.
Derived from 1972 Code § 23-5-195 [Codes, Hutchinson's 1848, ch. 7, art 6 (2); 1857, ch. 4, art 26; 1871, § 394; 1880, § 154; 1892, § 3681; 1906, § 4188; Hemingway's 1917, § 6822; 1930, § 6262; 1942, § 3291; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 248, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 132, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-832 - Notice to Secretary of State of vacancy in office for which special election is required to be called to fill

When a vacancy shall occur in an elective office for which a special election is required to be called to fill, the entity with whom candidates for the office are required to qualify shall notify the Secretary of State of the vacancy within five (5) days after it receives knowledge of the vacancy.
Laws, 2008, ch. 528, § 2, eff. 8/7/2008 (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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-833 - [Effective Until 1/1/2025] Special elections to fill vacancies in county, county district, and district attorney offices, and office of circuit judge or chancellor

Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, a runoff election shall be held three (3) weeks after the election. The two (2) candidates who receive the highest popular votes for the office shall have their names submitted as the candidates to the runoff and the candidate who leads in the runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in the runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
Derived from 1972 Code § 23-5-203 [Codes, 1880, § 158; 1892, § 3685; 1906, § 4193; Hemingway's 1917, § 6827; 1930, § 6267; 1942, § 3296; Laws, 1954, ch. 356; Laws, 1984, ch. 465, § 1; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 249; Laws, 2007, ch. 434, § 1; Laws, 2011, ch. 509, § 3, eff. 7/26/2011 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Brought forward by Laws, 2024, ch. 451, HB 1035,§ 10, eff. 7/1/2024.
Amended by Laws, 2017, ch. 441, HB 467, 133, eff. 7/1/2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-833 - [Effective 1/1/2025] Special elections to fill vacancies in county, county district, and district attorney offices, and office of circuit judge or chancellor

Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in the election, a runoff election shall be held four (4) weeks after the election. The two (2) candidates who receive the highest popular votes for the office shall have their names submitted as the candidates to the runoff and the candidate who leads in the runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in the runoff election shall be entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.
Derived from 1972 Code § 23-5-203 [Codes, 1880, § 158; 1892, § 3685; 1906, § 4193; Hemingway's 1917, § 6827; 1930, § 6267; 1942, § 3296; Laws, 1954, ch. 356; Laws, 1984, ch. 465, § 1; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 249; Laws, 2007, ch. 434, § 1; Laws, 2011, ch. 509, § 3, eff. 7/26/2011 (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. 513, SB 2144,§ 4, eff. 1/1/2025.
Brought forward by Laws, 2024, ch. 451, HB 1035,§ 10, eff. 7/1/2024.
Amended by Laws, 2017, ch. 441, HB 467, 133, eff. 7/1/2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-835 - Notice of special election for county or county district office; election procedures

The election commissioners of the several counties to whom the writ of election may be directed shall, immediately upon receipt of the writ, give notice of the special election to fill a vacancy in such county or county district office by posting notices at the courthouse and in each supervisor's district in the county for ninety (90) days before the election; and the election shall be prepared for and held as in case of a general election.
Derived from 1972 Code § 23-5-199 [Codes, 1880, § 155; 1892, § 3682; 1906, § 4191; Hemingway's 1917, § 6825; 1930, § 6265; 1942, § 3294; Laws, 1966, ch. 615, § 3; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 250, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 134, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-837 - Procedure where only one person has qualified for candidacy in special election for state district office or legislative office

(1)
When a special election is called to fill any state district office or legislative office and where only one (1) person has duly qualified with the State Board of Election Commissioners to be a candidate in the special election within the time prescribed by law for qualifying as a candidate, the State Board of Election Commissioners shall make a finding and determination of that fact, which shall be duly entered upon its official minutes.
(2)
A finding and determination and certification to office by the State Board of Election Commissioners, as herein provided, shall dispense with the holding of the special election.
(3)
A certified copy of the finding and determination of the State Board of Election Commissioners shall be filed with the Governor, and the Governor shall appoint the candidate so certified to fill the unexpired term.
Derived from 1972 Code § 23-5-196 [Laws, 1979, ch. 343, §§ 1, 3; Laws, 1981, ch. 303, § 1; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 251, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 135, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-841 - [Repealed]

Derived from 1972 Code § 3157 [Codes, 1906, § 3713; Hemingway's 1917, § 6405; 1930, § 5910; repealed by Laws, 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 253, eff. 1/1/1987.
Repealed by Laws, 2017, ch. 441, HB 467, 201, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-843 - Special elections to fill vacancies in office of district attorney; emergency appointments

In case of death, resignation or vacancy from any cause in the office of district attorney, the unexpired term of which shall exceed six (6) months, the Governor shall within ten (10) days after the vacancy occurs issue a proclamation calling an election to fill a vacancy in the office of district attorney to be held on the next regular special election day in the district where the vacancy occurred unless the vacancy occurs in a year in which a general election would normally be held for that office as provided by law, in which case the appointed person shall serve the unexpired portion of the term. Candidates in such a special election shall qualify in the same manner and be subject to the same time limitations as set forth in Section
23-15-839
. Pending the holding of a special election, the Governor shall make an emergency appointment to fill the vacancy until the same shall be filled by election.
Derived from 1972 Code § 23-5-233 [Codes, Hemingway's 1917, § 6840; 1930, § 6283; 1942, § 3312; Laws, 1914, ch. 150; Laws, 1973, ch. 362, § 1; Laws, 1981, ch. 314, § 1; Laws, 1984, ch. 465, § 3; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 254, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 137, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-845 - and 23-15-847 - [Repealed]

Repealed by Laws, 1994, ch. 564, § 102, eff. 9/6/1994 (the date the United States Attorney General interposed no objection).
§ 23-15-845. Derived from 1972 Code § 3150 [Codes, Hemingway's 1917, § 6430; 1930, § 5903; Laws, 1916, ch. 616; Repealed by Laws 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 255 [Am Laws, 1993, ch. 518, § 27] § 23-15-847. Derived from 1972 Code § 23-3-61 [Codes, 1942, § 3190; Laws, 1935, ch. 19; Repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 256 [Am Laws, 1993, ch. 518, § 28]
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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-849 - Special elections to fill vacancies in office of justice of Supreme Court, judge of Court of Appeals, circuit judge, or chancellor; interim appointments

(1)
Vacancies in the office of circuit judge or chancellor shall be filled for the unexpired term by the qualified electors at the next regular special election occurring more than nine (9) months after the vacancy to be filled occurred, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following the election. Upon the occurrence of a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof until the vacancy is filled by election as provided in this subsection.
(2)
(a)
If half or more than half of the term remains, vacancies in the office of justice of the Supreme Court or judge of the Court of Appeals shall be filled for the unexpired term by the qualified electors at the next regular election for state officers or for representatives in Congress occurring more than nine (9) months after the vacancy to be filled occurred, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following the election. If less than half of the term remains, vacancies in the office of justice of the Supreme Court or judge of the Court of Appeals shall be filled for the remaining unexpired term solely by appointment as provided in this subsection.
(b)
Upon occurrence of a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof as follows:
(i)
If less than half of the term remains, the appointee shall serve until expiration of the term;
(ii)
If half or more than half of the term remains, the appointee shall serve until the vacancy is filled by election as provided in subsection (1) of this section for judges of the circuit and chancery courts. Elections to fill vacancies in the office of justice of the Supreme Court or judge of the Court of Appeals shall be held, conducted, returned and the persons elected commissioned in accordance with the law governing regular elections for justices of the Supreme Court or judges of the Court of Appeals to the extent applicable.
Derived from 1972 Code § 23-5-247 [Codes, Hemingway's 1917, § 6855; 1930, § 6287; 1942, §§ 3190, 3316; Laws, 1916, ch. 161; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 257; Laws, 1993, ch. 518, § 29; Laws, 2002, ch. 586, § 1; Laws, 2011, ch. 509, § 4, eff. 7/26/2011 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Brought forward by Laws, 2024, ch. 451, HB 1035,§ 11, eff. 7/1/2024.
Amended by Laws, 2017, ch. 441, HB 467, 138, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-851 - Elections to fill vacancies in offices in Legislature; notice

(1)
Except as otherwise provided in subsection (2) of this section, within thirty (30) days after vacancies occur in either house of the Legislature, the Governor shall issue writs of election to fill the vacancies on a day specified in the writ of election. At least sixty (60) days' notice shall be given of the election in each county or part of a county in which the election shall be held. The qualifying deadline for the election shall be fifty (50) days before the election. Notice of the election shall be posted at the courthouse and in each supervisors district in the county or part of county in which such election shall be held for as near sixty (60) days as may be practicable. The election shall be prepared for and held as in the case of a general election.
(2)
If a vacancy occurs in a calendar year in which the general election for state officers is held, the Governor may elect not to issue a writ of election to fill the vacancy.
Derived from 1972 Code § 23-5-201 [Codes, 1857, ch 4, art 29; 1871, § 395; 1880, § 157; 1892, § 3684; 1906, § 4192; Hemingway's 1917, § 6826; 1930, § 6266; 1942, § 3295; Laws, 1956, ch. 405, § 1; Repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 258; Laws, 2007, ch. 570, § 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, 139, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-853 - Special elections to fill vacancies in representation in Congress; notice; qualification by candidates

(1)
If a vacancy occurs in the representation in Congress, the vacancy shall be filled for the unexpired term by a special election, to be ordered by the Governor, within sixty (60) days after the vacancy occurs, and held at a time fixed by his or her order, and which time shall be not less than sixty (60) days after the issuance of the order of the Governor, which shall be directed to the election commissioners of the several counties of the district, who shall, immediately on the receipt of the order, give notice of the election by publishing the same in a newspaper having a general circulation in the county and by posting the notice at the front door of the courthouse. The order shall also be directed to the State Board of Election Commissioners. The election shall be prepared for and conducted, and returns shall be made, in all respects as provided for a special election to fill vacancies.
(2)
Candidates for the office in such an election must qualify with the Secretary of State by 5:00 p.m. not less than fifty (50) days before the date of the election. If the fiftieth day to qualify before an election falls on a Sunday or legal holiday, the qualification submitted on the business day immediately following the Sunday or legal holiday shall be accepted. The election commissioners shall have printed on the ballot in such special election the name of any candidate who shall have been requested to be a candidate for the office by a petition filed with the Secretary of State and personally signed by not less than one thousand (1,000) qualified electors of the district. The petition shall be filed by 5:00 p.m. not less than fifty (50) days before the date of the election. If the fiftieth day to file the petition before an election falls on a Sunday or legal holiday, the petition filed on the business day immediately following the Sunday or legal holiday shall be accepted.
There shall be attached to each petition above provided for, upon the time of filing with the Secretary of State, a certificate from the appropriate registrar or registrars showing the number of qualified electors appearing upon each petition which the registrar shall furnish to the petitioner upon request.
Derived from 1972 Code § 23-5-221 [Codes, 1857, ch. 4, art 35; 1871, § 361; 1880, § 162; 1892, § 3689; 1906, § 4196; Hemingway's 1917, § 6830; 1930, § 6275; 1942, § 3304; Laws, 1968 ch. 572, §§ 1, 2; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 259; Laws, 2000, ch. 592, § 13; Laws, 2007, ch. 604, § 5, 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, 140, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-855 - Elections to fill vacancies in office of U.S. Senator; interim appointments by Governor

(1)
If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of the vacancy, issue a proclamation for an election to be held in the state to elect a Senator to fill the remaining unexpired term, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy occurs in a year in which a general state or congressional election is held, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.
(2)
In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill the vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the appointed Senator shall serve until a successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he or she may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year, he or she shall serve for the full time of the unexpired term and no special election shall be called by the Governor but a successor shall be elected at the regular election.
Derived from 1972 Code § 23-5-229 [Codes, Hemingway's 1917, § 6835; 1930, § 6279; 1942, § 3308; Laws, 1914, ch. 148] and § 23-5-231 [Codes, Hemingway's 1917, § 6836; 1930, § 6280; 1942, § 3309; Laws, 1914, ch. 148], both repealed by Laws, 1986, ch. 495, § 335; Laws, 1986, ch. 495, § 260, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 141, 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 25 - VACANCIES IN OFFICE (§§ 23-15-831 — 23-15-859) › Section 23-15-859 - Date of special municipal election; notice

Whenever under any statute a special election is required or authorized to be held in any municipality, and the statute authorizing or requiring the election does not specify the time within which the election shall be called, or the notice which shall be given, the governing authorities of the municipality shall, by resolution, fix a date upon which the election shall be held. The date shall not be less than twenty-one (21) nor more than thirty (30) days after the date upon which such resolution is adopted, and not less than three (3) weeks' notice of the election shall be given by the clerk by a notice published in a newspaper published in the municipality once each week for three (3) weeks next preceding the date of the election, and by posting a copy of the notice at three (3) public places in the municipality. Nothing herein, however, shall be applicable to elections on the question of the issuance of the bonds of a municipality or to general or primary elections for the election of municipal officers.
The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter or the commission form of government, except in cases of conflicts between the provisions of the section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.
Derived from 1972 Code § 21-11-11 [Codes, 1942, § 3374-108; Laws, 1950, ch. 491, § 108; repealed by Laws, 1986, ch. 495, § 329]; Laws, 1986, ch. 495, § 262, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 143, eff. 7/1/2017.