§ Miss. Code § 23-15-359(untitled)

en · 7,793 chars · active
Names of candidates to be printed on ballot; filing of petition for office;
inapplicability of section to municipal elections; special elections; determination of
candidate's qualifications; declaration of nominee in single candidate race.
(1) The ballot shall contain the names of all party nominees certified by the appropriate
executive committee, and independent and special election candidates who have timely filed
petitions containing the required signatures. A petition requesting that an independent or special
election candidate's name be placed on the ballot for any office shall be filed as provided for in
subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the
following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified
electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than
three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two
hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not
less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not
less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified
electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court
district, not less than fifteen (15) qualified electors.
(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or
(4) of this section, as appropriate, the name of the person requested to be a candidate, unless
nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the
names of each candidate for each office, and such names shall be listed under the name of the
political party such candidate represents as provided by law and as certified to the circuit clerk
by the state executive committee of such political party. In the event such candidate qualifies as
an independent as provided in this section, he shall be listed on the ballot as an independent
candidate.
(b) The name of an independent or special election candidate who dies before the printing of
the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of
this section shall be filed with the State Board of Election Commissioners by no later than 5:00
p.m. on the same date by which candidates for nominations in the political party primary
elections are required to pay the fee provided for in Section 23-15-297, Mississippi Code of
1972; however, no petition may be filed before January 1 of the year in which the election for the
office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section
shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which
candidates for nominations in the political party elections are required to pay the fee provided for
in Section 23-15-297; however, no petition may be filed before January 1 of the year in which
the election for the office is held. The circuit clerk shall notify the county commissioners of
election of all persons who have filed petitions with such clerk. Such notification shall occur
within two (2) business days and shall contain all necessary information.
(5) The commissioners may also have printed upon the ballot any local issue election matter
that is authorized to be held on the same date as the regular or general election pursuant to
Section 23-15-375; however, the ballot form of such local issue must be filed with the
commissioners of election by the appropriate governing authority not less than sixty (60) days
previous to the date of the election.
(6) The provisions of this section shall not apply to municipal elections or to the election of
the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge,
chancellor, county court judge and family court judge.
(7) Nothing in this section shall prohibit special elections to fill vacancies in either house of
the Legislature from being held as provided in Section 23-15-851. In all elections conducted
under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any
candidate who, not having been nominated by a political party, shall have been requested to be a
candidate for any office by a petition filed with the State Board of Election Commissioners and
signed by not less than fifty (50) qualified electors.
(8) The appropriate election commission shall determine whether each candidate is a
qualified elector of the state, state district, county or county district they seek to serve, and
whether each candidate meets all other qualifications to hold the office he is seeking or presents
absolute proof that he will, subject to no contingencies, meet all qualifications on or before the
date of the general or special election at which he could be elected to office. The election
commission shall determine whether the candidate has taken the steps necessary to qualify for
more than one (1) office at the election. The election commission also shall determine whether
any candidate has been convicted of any felony in a court of this state, or has been convicted on
or after December 8, 1992, of any offense in another state which is a felony under the laws of
this state, or has been convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the United States
Internal Revenue Code or any violations of the tax laws of this state, unless the offense also
involved misuse or abuse of his office or money coming into his hands by virtue of his office. If
the appropriate election commission finds that a candidate either (a) is not a qualified elector, (b)
does not meet all qualifications to hold the office he seeks and fails to provide absolute proof,
subject to no contingencies, that he will meet the qualifications on or before the date of the
general or special election at which he could be elected, or (c) has been convicted of a felony as
described in this subsection, and not pardoned, then the name of such candidate shall not be
placed upon the ballot. If the appropriate election commission determines that the candidate has
taken the steps necessary to qualify for more than one (1) office at the election, the action
required by Section 23-15-905, shall be taken.
(9) If after the deadline to qualify as a candidate for an office or after the time for holding
any party primary for an office, there shall be only one (1) person who has duly qualified to be a
candidate for the office in the general election, the name of such person shall be placed on the
ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be
a candidate for each office on the general election ballot, the election for all offices on the ballot
shall be dispensed with and the appropriate election commission shall declare each candidate
elected without opposition if the candidate meets all the qualifications to hold the office as
determined pursuant to a review by the commission in accordance with the provisions of
subsection (8) of this section and if the candidate has filed all required campaign finance
disclosure reports as required by Section 23-15-807.
(10) The petition required by this section may not be filed by using the Internet.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.