§ Miss. Code § 23-15-963(untitled)

Exclusive procedures for contesting qualifications of candidate for general
election; exceptions.
(1) Any person desiring to contest the qualifications of another person who has qualified
pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, as a candidate for
any office elected at a general election, shall file a petition specifically setting forth the grounds
of the challenge not later than thirty-one (31) days after the date of the first primary election set
forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same
body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi
Code of 1972.
(2) Within ten (10) days of receipt of the petition described above, the appropriate election
officials shall meet and rule upon the petition. At least two (2) days before the hearing to
consider the petition, the appropriate election officials shall give notice to both the petitioner and
the contested candidate of the time and place of the hearing on the petition. Each party shall be
given an opportunity to be heard at such meeting and present evidence in support of his position.
(3) If the appropriate election officials fail to rule upon the petition within the time required
above, such inaction shall be interpreted as a denial of the request for relief contained in the
petition.
(4) Any party aggrieved by the action or inaction of the appropriate election officials may file
a petition for judicial review to the circuit court of the county in which the election officials
whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days
after the date the petition was originally filed with the appropriate election officials. Such person
filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00)
with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be
dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent
stage of the proceedings.
(5) The circuit court with whom such a petition for judicial review has been filed shall at the
earliest possible date set the matter for hearing. Notice shall be given the interested parties of the
time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo.
The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the
circuit judge shall determine whether the candidate whose qualifications have been challenged is
legally qualified to have his name placed upon the ballot in question. The circuit judge may,
upon disqualification of any such candidate, order that such candidate shall bear the court costs
of the proceedings.
(6) Within three (3) days after judgment is rendered by the circuit court, the contestant or
contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum
of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point
or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and
relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in
case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law
in other cases of bills of exception. The filing of such appeals shall automatically suspend the
decision of the circuit court and the appropriate election officials are entitled to proceed based
upon their decision unless and until the Supreme Court, in its discretion, stays further
proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and
referred to the court en banc upon briefs without oral argument unless the court shall call for oral
argument, and shall be decided at the earliest possible date, as a preference case over all others.
The Supreme Court shall have the authority to grant such relief as is appropriate under the
circumstances.
(7) The procedure set forth above shall be the sole and only manner in which the
qualifications of a candidate seeking public office who qualified pursuant to the provisions of
Section 23-15-359, Mississippi Code of 1972, may be challenged prior to the time of his
election. After any such person has been elected to public office, the election may be challenged
as otherwise provided by law. After any person assumes an elective office, his qualifications to
hold that office may be contested as otherwise provided by law.