If more than one (1) county is involved in a contest or complaint, the judge shall have the authority to transfer the hearing to a more convenient county within the district, if the contest or complaint involves a district office, or within the state if the contest or complaint involves a state office; or the judge may proceed to any county or counties in which the facts complained of are charged to have transpired, and there hear the evidence and make a finding of facts relating to that county and any convenient neighboring county or counties, but, in any event, if possible with due diligence to do so, the hearing must be completed and final judgment rendered in time to permit the printing and distribution of the official ballots at the election for which the contested nomination is made. When any judge lawfully designated to hear a contest or complaint shall not promptly and diligently proceed with the hearing and final determination of the contest or complaint, he shall be guilty of a high misdemeanor in office unless excused by actual illness, or by an equivalent excuse. When no final decision has been made by the time the official ballots are required to be printed, the name of the nominee declared by the party executive committee shall be printed on the official ballots as the party nominee, but the contest or complaint shall not thereby be dismissed but the cause shall nevertheless proceed to final judgment and if the judgment is in favor of the contestant, the election of the contestee shall thereby be vacated and the Governor, or the Lieutenant Governor, in case the Governor is a party to the contest, shall call a special election for the office or offices involved. If the contestee has already entered upon the term he shall vacate the office upon the qualification of the person elected at the special election, and may be removed by quo warranto if he fail so to do.
Derived from 1972 Code § 23-3-55 [Codes, 1942, § 3187; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 288; Laws, 2012, ch. 476, § 4, eff. 9/17/2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965). .
Notes of Decisions
Cited in
9
cases, 1993–2019 · leading case:
Smith v. Hollins, 905 So. 2d 1267 (Miss. 2005).
Smith v. Hollins, 905 So. 2d 1267 (Miss. 2005).
· cites it 3× “Miss.Code Ann. § 23-15-937 (Rev.2001), which governs special elections for contested primary elections, provides that if the contestant (Smith) prevails in an election contest and the contestee (Hollins) has already taken office, "the Governor, or the Lieutenant Governor in case…”
Hatcher v. Fleeman, 617 So. 2d 634 (Miss. 1993).
“The intent of the legislature for the expedient handling of election contests is clear in language found in Miss. Code Ann. § 23-15-937 (although inapplicable in this case).”
Barbour v. Gunn, 890 So. 2d 843 (Miss. 2004).
“The Legislature wisely anticipated that primary election contests might not be resolved prior to the *852 date of an election, and Miss.Code Ann. § 23-15-937 provides the procedure to be followed in such situations.”
Thompson v. Jones, 17 So. 3d 524 (Miss. 2008).
“Miss.Code Ann. § 23-15-937(Rev.2002). Under this statute, only one special election is to be held after the general election has already occurred.”
William Randle, Jr. v. Tommie James Ivy, Sr., 268 So. 3d 530 (Miss. 2019).
· cites it 3× “See Miss. Code Ann. § 23-15-937 (Rev. 2018). It states that the contest "shall not thereby be dismissed but the cause shall nevertheless proceed to final judgment and if the judgment is in favor of the contestant, the election of the contestee shall thereby be vacated and the…”
Edward Kirk Smith v. Richard Hollins, No. 2003-EC-02440-SCT (Miss. Oct. 27, 2003).
· cites it 3× “Miss. Code Ann. § 23-15-937 (Rev. 2001), which governs special elections for contested primary elections, provides that if the contestant (Smith) prevails in an election contest and the contestee (Hollins) has already taken office, “the Governor, or the Lieutenant Governor in…”
Jep Barbour v. Philip Gunn, No. 2003-EC-02169-SCT (Miss. Sept. 29, 2003).
“The Legislature wisely anticipated that primary election contests might not be resolved prior to the date of an election, and Miss. Code Ann. § 23-15-937 provides the procedure to be followed in such situations.”
Andrew Thompson, Jr. v. Charles Lewis Jones, No. 2007-EC-01989-SCT (Miss. Nov. 2, 2007).
“Miss. Code Ann. § 23-15-937 (Rev. 2002). Under this statute, only one special election is to be held after the general election has already occurred.”
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