§ Miss. Code § 23-15-317(untitled)

Nomination of nominee when vacancy in nomination occurs between
primary election and general election; procedure for withdrawal based upon legitimate
nonpolitical reason.
If any person nominated for office in a primary election shall die, be removed after his
nomination or withdraw or resign from his candidacy for a legitimate nonpolitical reason as
defined in this section, and such vacancy in nomination shall occur between the primary election
and the ensuing general election, then the municipal, county or state executive committee with
which the original nominee qualified as a candidate in the primary election shall nominate a
nominee for such office. Where such a party nominee is unopposed each political party
registered with the State Board of Election Commissioners shall have the privilege of nominating
a candidate for the office involved. Such nominee shall be duly certified by the respective
executive committee chairman. Within two (2) days after such nomination is made by the
appropriate executive committee, such committee shall formally notify the Secretary of State of
the name of the nominee. The Secretary of State shall thereupon officially notify the appropriate
officials charged with conducting the election for the office wherein the vacancy occurred of the
name of the nominee. All nominations made pursuant to the provisions of this section shall have
the same force and effect and shall entitle the nominees to all rights and privileges that would
accrue to them as if they had been nominated in the regular primary election.
"Legitimate nonpolitical reason" as used in this section shall be limited to the following:
(a) Reasons of health, which shall include any health condition which, in the written opinion
of a medical doctor, would be harmful to the health of the candidate if he continued.
(b) Family crises, which shall include circumstances which would substantially alter the
duties and responsibilities of the candidate to the family or to a family business.
(c) Substantial business conflict, which shall include the policy of an employer prohibiting
employees being candidates for public offices and an employment change which would result in
the ineligibility of the candidate or which would impair his capability to properly carry out the
functions of the office being sought.
Any candidate who withdraws based upon a "legitimate nonpolitical reason" which is not
covered by the above definition shall have the strict burden of proof for his reason.
A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his
reason by sworn affidavit. Such affidavit shall be filed with the state party chairman of the
nominee's party and the State Board of Election Commissioners. No substitution of candidates
shall be authorized, except for death or disqualification, unless the State Board of Election
Commissioners approves the affidavit as constituting a "legitimate nonpolitical reason" for the
candidate's resignation within five (5) days of the date the affidavit is submitted to the board.
Immediately upon approval or disapproval of such affidavit, the State Board of Election
Commissioners shall notify the respective executive committee of same.