23-15-191. Primary elections.
The first primary shall be held on the first Tuesday after the first Monday of August preceding any regular or general election; and the second primary shall be held three (3) weeks thereafter. Any candidate who receives the highest popular vote cast for the office which he seeks in the first primary shall thereby become the nominee of the party for such office; provided also it be a majority of all the votes cast for that office. If no candidate receive such majority of popular votes in the first primary, then the two (2) candidates who receive the highest popular vote for such office shall have their names submitted as such candidates to a second primary, and the candidate who leads in such second primary shall be nominated to the office. When there is a tie in the first primary of those receiving next highest vote, these two (2) and the one (1) receiving the highest vote, none having received a majority, shall go into the second primary, and whoever leads in such second primary shall be entitled to the nomination.
Sources: Derived from 1942 Code 3109 [Codes, 1906, 3700; Hemingway's 1917, 6391; 1930,
5868; Laws, 1914, ch. 149; Laws, 1982, ch. 477, 1; repealed, Laws, 1970, ch. 506, 33; repealed by Laws, 1970, ch. 506, 33, and 1986, ch. 495, 346]; en, Laws, 1986, ch. 495, 50; Laws, 1989, ch. 506, 1, eff from and after June 28, 1989 (the date on which the United States Attorney General interposed no objections to the amendment).
Cross references- Requirement that a petition contesting the qualifications of a candidate for general
election be filed within a certain number of days after the date of the first primary election set forth in this section, see 23-15-963.
ATTORNEY GENERAL OPINIONS
Where a candidate received more than half of the total votes cast for all three candidates in a primary election, he had a majority of the votes as contemplated by this this section and 23-15-305. Tate, Aug. 14, 2003, A.G. Op. 03-0453.
RESEARCH AND PRACTICES REFERENCES Am Jur. 26 Am. Jur. 2d, Elections 226 et seq.
26 Am. Jur. 2d, Elections 184 et seq., 223, 291 et seq.
CJS. 29 C.J.S., Elections 201-203 et seq., 317.
Law Reviews. Mississippi Election Code of 1986, 56 Miss LJ 535, December 1986.
23-15-193. Officers to be elected at general state election.
At the election in 1995, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
Sources: Derived from 1972 Code 23-5-93 [Codes, Hutchinson's 1848, ch. 7, art. 5 (1); 1857,
ch. 4, art. 1; 1871, 357; 1880, 118; 1892, 3633; 1906, 4140; Hemingway's 1917, 6774; 1930, 6210; 1942, 3238; Laws, 1970, ch. 506, 23; Laws, 1978, ch. 458, 16; Laws, 1982, Ex Sess, ch. 17, 19; repealed by Laws, 1986, ch. 495, 335]; en, Laws, 1986, ch. 495, 51; Laws, 1992, ch. 496, 12, eff from and after July 1, 1992.
Editor's note- Section 7-7-2, as added by Laws of 1984, chapter 488, 90, and amended by Laws of 1985, chapter 455, 14, Laws of 1986, chapter 499, 1, provided, at subsection (2) therein, that the words "state auditor of public accounts," "state auditor," and "auditor" appearing in the laws of the state in connection with the performance of auditor's functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear. Thereafter, Laws of 1989, chapter 532, 2, amended 7-7-2 to provide that the words "State Auditor of Public Accounts," "State Auditor" and "Auditor"
appearing in the laws of this state in connection with the performance of Auditor's functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear. Subsequently, Laws of 1989, ch. 544, 17, effective July 1, 1989, and codified as
27-104-6, provides that wherever the term "State Fiscal Officer" appears in any law it shall mean "Executive Director of the Department of Finance and Administration".
Cross references- Office of Lieutenant Governor generally, see Miss. Const. Art. 5, 128 et seq. Legislative offices generally, see 5-1-1 et seq.
Office of Governor generally, see 7-1-1 et seq.
Office of Secretary of State generally, see 7-3-1 et seq. Office of Attorney General generally, see 7-5-1 et seq. Office of State Treasurer generally, see 7-9-1 et seq. Chancery clerks generally, see 9-5-131 et seq. Circuit clerks generally, see 9-7-121 et seq. Justice court judges generally, see 9-11-2 et seq.
County boards of supervisors generally, see 19-3-1 et seq. Constables generally, see 19-19-1 et seq.
Sheriffs generally, see 19-25-1 et seq. Surveyors generally, see 19-27-1 et seq.
Voter registration opportunities required prior to regularly scheduled primary or general elections, see
23-15-37.
Person appointed by Governor to serve as district attorney to fill vacancy until election can be held may practice law privately while serving, see 25-31-35,25-31-36, and 25-31-39.
Assessors generally, see 27-1-1 et seq. Highway commissioners generally, see 65-1-3.
Commissioner of Agricultural and Commerce generally, see 69-1-3. Appointment and term of public service commissioners, see 77-1-1. Commissioner of Insurance generally, see 83-1-3.
ATTORNEY GENERAL OPINIONS
An incumbent supervisor may continue to serve until such time as a successor is lawfully elected and qualified in accordance with a court ordered special election, assuming that a court has not ordered otherwise. Griffith, Dec. 28, 1999, A.G. Op. #99-0698.
RESEARCH AND PRACTICES REFERENCES Am Jur. 26 Am. Jur. 2d, Elections 298, 299.
Law Reviews. Mississippi Election Code of 1986, 56 Miss LJ 535, December 1986.
23-15-195. Elections to be by ballot in one day.
Sources: Derived from 1972 Code 23-5-89 [Codes, Hutchinson's 1848, ch. 7, art 5 (1); 1857,
ch. 4, art 1; 1871, 356; 1880, 117; 1892, 3632; 1906, 4139; Hemingway's 1917, 6773; 1930, 6209; 1942, 3237; Laws, 1970, ch. 506, 22; repealed by Laws, 1986, ch. 495, 335]; en, Laws, 1986, ch. 495, 52, eff from and after January 1, 1987.
RESEARCH AND PRACTICES REFERENCES Am Jur. 26 Am. Jur. 2d, Elections 312-317.
CJS. 29 C.J.S., Elections 260-307.
23-15-197. Times for holding elections.
(1) Times for holding primary and general elections for congressional offices shall be as
prescribed in Sections 23-15-1031,23-15-1033 and 23-15-1041.
(2) Times for holding elections for the office of judge of the Supreme Court shall be as
prescribed in Sections 23-15-991 and Sections 23-15-974 through 23-15-985.
(3) Times for holding elections for the office of circuit court judge and the office of chancery
court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-
1015.
(4) Times for holding elections for the office of county election commissioners shall be as
prescribed in Section 23-15-213.
Sources: Laws, 1986, ch. 495, 53; Laws, 1994, ch 564, 88, eff from and after September 6,
1994 (the date the United States Attorney General interposed no objection to the amendment of this section).
Editor's note- The United States Attorney General, by letter dated September 6, 1994, interposed no
objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 564, 88.
RESEARCH AND PRACTICES REFERENCES Am Jur. 26 Am. Jur. 2d, Elections 299.
CJS. 29 C.J.S., Elections 317.