Mississippi Code
Miss. Code Ann. § 23-15-217 (2026)
County election commissioner authorized to be candidate for other office; resignation from office; duties and powers of board of supervisors where election of county election commissioner is contested
✓ current as of July 2026
- (1) An election commissioner of any county may be a candidate for any other office at any election held or to be held during the four-year term for which he or she has been elected to the office of election commissioner; provided that he or she has resigned from the office of election commissioner before he or she files to qualify for the office that he or she desires to seek. The clerk for the board of supervisors must have actually received the resignation for it to be deemed submitted.
- (2) In any case involving the election of a county election commissioner wherein there is a contest of any nature, including, but not limited to, the right of any person to vote or the counting of any challenge ballot, all the duties and powers of the commission in connection with the contest shall be performed by the board of supervisors, as is contemplated by Section 23-15-215 in cases where there are no election commissioners in the county.
Derived from 1972 Code §§ 23-5-95 [Codes, 1871, § 342; 1880, § 122; 1892, § 3634; 1906, § 4141; Hemingway's 1917, § 6775; 1930, § 6213; 1942, § 3242; Laws, 1968, ch. 568, § 3; repealed by Laws, 1986, ch. 495, § 331]; Laws, 1986, ch. 495, § 57; Laws, 1989, ch. 483, § 1; Laws, 1991, ch. 613, § 1; Laws, 2003, ch. 447, § 1, eff. 6/9/2003 (the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, 40, eff. 7/1/2017.
Amended by Laws, 2013, ch. 474, SB 2308, 1, eff. 7/18/2013 (the date that the U.S. Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Notes of Decisions
Cited in 6
cases, 1987–2002 · leading case: Stringer v. Lucas, 608 So. 2d 1351 (Miss. 1992).
Stringer v. Lucas, 608 So. 2d 1351 (Miss. 1992). “Wanda Stringer alleges on appeal that the lower court committed reversible error when it found that she was disqualified, because of her membership on the Bolivar County Election Commission, to run for the municipal office of mayor of Mound Bayou under the mandate of Miss.”
Meeks v. Tallahatchie Cnty., 513 So. 2d 563 (Miss. 1987). “See Miss. Code Ann. § 23-15-217 (Supp. 1987).”
Pearson v. Parsons, 541 So. 2d 447 (Miss. 1989). “1987) and Miss. Code Ann. § 23-15-217 (Supp. 1988) would prevent them from seeking any office other than Election Commissioner.”
McIntosh v. Sanders, 831 So. 2d 1111 (Miss. 2002). “Miss.Code Ann. § 23-15-213. The Board of Supervisors is called upon to act as the election commission and the candidates qualify through them.”
Callahan v. Leake Cty. Democratic Exec. Comm., 773 So. 2d 938 (Miss. 2000). “Miss. Code Ann. § 23-15-217 (Supp.1986). ¶ 16.”
Jimmy Callahan v. Leake Cnty. Democratic Exec. Comm. (Miss. 1999). “Miss. Code Ann. § 23-15-217 (Supp. 1986).”
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treatment. Dots show Syfertize treatment of the citing case itself.