Miss. Code § 23-15-605

Current through 5/14/2024
Section 23-15-605 - Ascertainment of vote and declaration of results by Secretary of State; determination of tie vote

The Secretary of State, immediately after receiving the returns of an election, not longer than thirty (30) days after the election, shall sum up the whole number of votes given for each candidate other than candidates for state offices, legislative offices composed of one (1) county or less, county offices and county district offices, according to the statements of the votes certified to him or her and ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected; and thereupon all persons chosen to any office at the election shall be commissioned by the Governor; but if it appears that two (2) or more candidates for any district office where the district is composed of two (2) or more counties, standing highest on the list, and not elected, have an equal number of votes, the election shall be decided between the candidates having an equal number of votes by each candidate individually drawing one (1) of the two (2) sealed containers from an opaque bag, under the direction of the Governor and Secretary of State. The containers shall consist of a straw of conspicuous length, and the candidate drawing the container with the longer of the two (2) straws shall be declared the winner.

Miss. Code § 23-15-605

Derived from 1972 Code § 23-5-173 [Codes, 1857, ch. 4, art 15; 1871, § 378; 1880, § 141; 1892, § 3673; 1906, § 4180; Hemingway's 1917, § 6814; 1930, § 6252; 1942, § 3281; Laws, 1970, ch. 506, § 29; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 194; Laws, 2002, ch. 534, § 5, eff. 7/29/2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Amended by Laws, 2017, ch. 441, HB 467, 126, eff. 7/1/2017.