§ Miss. Code § 23-15-361(untitled)

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Names of municipal office candidates to be printed on ballot; filing of
petition for municipal office; determination of candidate's qualifications; declaration of
nominee in single candidate race.
(1) The municipal general election ballot shall contain the names of all candidates who have
been put in nomination by the municipal primary election of any political party. There shall be
printed on the ballots the names of all persons so nominated, whether the nomination be
otherwise known or not, upon the written request of one or more of the candidates so nominated,
or of any qualified elector who will make oath that he was a participant in the primary election,
and that the person whose name is presented by him was nominated by such primary election.
The municipal election commissioner designated to have the ballots printed shall also have
printed on the ballot in any municipal general election 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 clerk of the municipality no later than 5:00 p.m. on the same
date by which candidates for nomination in the municipal primary elections are required to pay
the fee provided for in Section 23-15-309, and signed by not less than the following number of
qualified electors:
(a) For an office elected by the qualified electors of a municipality having a population of one
thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality having a population of less
than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date
by which candidates for nomination in the municipal primary election are required to pay the fee
provided for in Section 23-15-309, 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 municipal 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
municipal clerk by the municipal executive committee of such political party. Provided further,
however, that nothing in this section shall prohibit a person from qualifying as a nominee of a
political party, or from requesting to be a candidate for the office by filing a petition, in the event
of the death of a candidate for the office which makes it impossible to have an election contest.
In the event such candidate qualifies as an independent as herein provided, he shall be listed on
the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal commissioners of election of all
persons who have filed petitions pursuant to subsection (1) of this section within two (2)
business days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the
names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal commission shall determine whether each party candidate in the municipal
general election is a qualified elector of the municipality, and of the ward if the office sought is a
ward office and shall determine whether each candidate either 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 municipal 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 such offense also
involved misuse or abuse of his office or money coming into his hands by virtue of his office. If
the municipal 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 above and not pardoned, then the name of the candidate shall not be placed upon the
ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding
any party primary election 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 municipal 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 (5) of this section and if the candidate has filed all required campaign finance
disclosure reports as required by Section 23-15-807.

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