Mississippi Code

Miss. Code Ann. § 23-15-935 (2026)

Attendance or absence of election commissioners at hearing

✓ current as of July 2026

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The trial judge shall have the same power to compel the attendance of the election commissioners upon and throughout the hearings as is given to the judge of a circuit court to compel the attendance of jurors, and the commissioners must attend unless physically unable so to do. But if any one or more or all of the commissioners are absent so as to not be served with notice, or is or are physically unable to attend, the trial judge shall proceed without them or any of them, so that the hearing shall not be delayed on their account or on account of any one or more of them. When, under Section 23-15-937, the hearing is transferred in whole or in part to another county or counties, the election commissioners of the county or counties to which the hearing is transferred shall attend the hearings in their respective counties, subject to foregoing provisions in respect to absent or disabled commissioners.

Derived from 1972 Code § 23-3-53 [Codes, 1942, § 3186; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 287, eff. 1/1/1987.

Notes of Decisions

Cited in 3 cases, 1993–2005 · leading case: Hatcher v. Fleeman, 617 So. 2d 634 (Miss. 1993).

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Hatcher v. Fleeman, 617 So. 2d 634 (Miss. 1993). “[1] Although Miss. Code Ann. § 23-15-935 grants to the special judge the power to compel the attendance of the election commissioners, this statute contemplates a situation where the special judge, in the interest of time and judicial efficiency, can proceed to hear the election…”

Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005). “In fact, Miss. Code Ann. § 23-15-935 (Rev.2001) gives the duly appointed judge or chancellor the express authority to proceed to a hearing without the county election commissioners, under certain circumstances.”

Debra Waters v. James Gnemi (Miss. 2003). “In fact, Miss. Code Ann. § 23-15-935 (Rev. 2001) gives the duly appointed judge or chancellor the express authority to proceed to a hearing without the county election commissioners, under certain circumstances.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.