Miss. Code § 23-15-955

Current through 4/30/2024
Section 23-15-955 - Proceedings with respect to election of member of Senate or House of Representatives

Except as otherwise provided by Section 23-15-961, the person contesting the seat of any member of the Senate or House of Representatives shall comply with the provisions of this section. Section 38, Mississippi Constitution of 1890, provides that each house of the Mississippi State Legislature shall judge the qualifications, return and election of its membership. Pursuant to that authority, the House of Representatives shall have exclusive jurisdiction over an election contest regarding the seat of any member of the House of Representatives, and the Senate shall have exclusive jurisdiction over an election contest regarding the seat of any member of the Senate. An election contest regarding the seat of a member of the House of Representatives or the Senate shall be filed with the Clerk of the House or the Secretary of the Senate, as the case may be, within thirty (30) days after a regular general election or ten (10) days after a special election to fill a vacancy. The legislative resolution of the election contest shall be conducted in accordance with procedures and precedents established by the House of Representatives or the Senate, as the case may be. Such procedures and precedents may be found in the Journals of the House of Representatives and of the State Senate and/or in the published Rules of the House of Representatives and of the State Senate.

Miss. Code § 23-15-955

Derived from 1972 Code § 23-5-191 [Codes, 1857, ch. 4, art 21; 1871, § 389; 1880, § 148; 1892, § 3677; 1906, § 4184; Hemingway's 1917, § 6818; 1930, § 6260; 1942, § 3289; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 293; Laws, 1988, ch. 577, § 6; Laws, 2000, ch. 450, § 2, eff. 8/7/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).