Mississippi Code 1972 (2023) › Title 67 - ALCOHOLIC BEVERAGES (§§ 67-1-1 — 67-11-11) › Chapter 1 - ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-211) › Article 1 - LOCAL OPTION ALCOHOLIC BEVERAGE CONTROL (§§ 67-1-1 — 67-1-101) › Section 67-1-11 - Local option election to render article effective in county

(1)
Notwithstanding any provision of this article, the legalizing provisions of this article, except as authorized under Section
67-9-1
and Section
67-1-7(2)
, shall not be effective, applicable or operative in any county unless and until a local option election shall be called and held in such county in the manner and with the results hereinafter provided.
(2)
Upon presentation and filing of a proper petition requesting same signed by at least twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the qualified electors of the county, it shall be the duty of the board of supervisors to call an election at which there shall be submitted to the qualified electors of the county the question of whether or not the sale and distribution of alcoholic beverages shall be permitted in such county as provided in this article. Such election shall be held and conducted by the county election commissioners on a date fixed by the order of the board of supervisors, which date shall not be more than sixty (60) days from the date of the filing of said petition. Notice thereof shall be given by publishing such notice once each week for at least three (3) consecutive weeks in some newspaper published in said county or, if no newspaper be published therein, by such publication in a newspaper in an adjoining county and having a general circulation in the county involved. The election shall be held not earlier than fifteen (15) days from the first publication of such notice.
(3)
Said election shall be held and conducted as far as may be possible in the same manner as is provided by law for the holding of general elections. The ballots used thereat shall contain a brief statement of the proposition submitted and, on separate lines, the words "I vote FOR coming out from under the dry law in ________ County ( )" "I vote AGAINST coming out from under the dry law in ________ County ( )" with appropriate boxes in which the voters may express their choice. All qualified electors may vote by marking the ballot with a cross (x) or check (Y) mark opposite the words of their choice.
(4)
The election commissioners shall canvass and determine the results of said election, and shall certify same to the board of supervisors which shall adopt and spread upon its minutes an order declaring such results. If, in such election, a majority of the qualified electors participating therein shall vote in favor of the proposition, this article shall become applicable and operative in such county and the manufacture, sale and distribution of alcoholic beverages therein shall be lawful to the extent and in the manner permitted hereby. If, on the other hand, a majority of the qualified electors participating in the election shall vote against the proposition, this article, except for Section
67-9-1
and
67-1-7(2)
, shall not become effective and operative in such county and, except as otherwise provided under Section
67-9-1
and
67-1-7(2)
, all laws prohibiting and regulating the manufacture, sale and distribution of alcoholic beverages shall remain in full force and effect and be administered and vigorously prosecuted therein. In either case, no further election shall be held in said county under the provisions of this article for a period of two (2) years from the date of the prior election and then only upon the filing of a petition requesting same signed by at least twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the qualified electors of the county as is otherwise provided herein.
Codes, 1942, § 10265-35; Laws, 1966, ch. 540, § 35; Laws, 1996, ch. 417, § 6; Laws, 2004, ch. 397, § 3, eff. 7/1/2004.
Amended by Laws, 2020, ch. 423, HB 1087,§ 4, eff. 7/1/2020.