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Mississippi Code

Miss. Code Ann. § 23-15-191 (2026)

Primary elections

✓ current as of July 2026
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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 four (4) weeks thereafter. The candidate that receives a majority of the votes cast in the election shall be the party nominee. If no candidate receives a majority vote at the election, then the two (2) candidates who receive the highest number of votes shall have their names placed on the ballot for the second primary election to be held four (4) weeks later. The candidate who receives the most votes in the second primary election shall be the party nominee. However, if no candidate receives a majority vote at the first primary, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest vote shall have their names placed on the ballot for the second primary election to be held four (4) weeks later, and whoever receives the most votes cast in the second primary election shall be the party nominee.

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§ 3109 [Codes, 1906, § 3700; Hemingway's 1917, § 6391; 1930, § 5868; Laws, 1914, ch. 149; Laws, 1982, ch. 477, § 1; repealed, Laws, 1970, ch. 506, § 33; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 50; Laws, 1989, ch. 506, § 1, eff. 6/28/1989 (the date on which the United States Attorney General interposed no objections).

Amended by Laws, 2024, ch. 513, SB 2144,§ 1, eff. 1/1/2025.

Amended by Laws, 2017, ch. 441, HB 467, 35, eff. 7/1/2017.

Notes of Decisions
Cited in 5 cases, 1992–2014 · leading case: True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014).
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True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014). “” Miss. Code § 23-15-191. . Neither Cochran nor McDaniel is a party to this suit.”
Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998). “1998); Miss.Code Ann. 23-15-191 (1990); Okla. Stat.”
Pub. Citizen, Inc. v. Miller, 813 F. Supp. 821 (N.D. Ga. 1993). “§ 21-2-501 (1987); Miss.Code Ann. § 23-15-191 (1991); N.C.Gen.”
Watkins v. Fordice, 791 F. Supp. 646 (S.D. Miss. 1992). “party primary — August 4, 1992, with the second primary to be held three weeks thereafter on August 25, 1992, see Miss. Code Ann. § 23-15-191 ; c. general election — November 3, 1992, to coincide with the national Presidential and Congressional election, see, e.”
Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998). “1998); Miss. Code Ann. 23-15-191 (1990); Okla. Stat.”
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