Mississippi Code

Miss. Code Ann. § 23-17-25 (2026)

Procedure to compel Secretary of State to file petition

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

If the Secretary of State refuses to file an initiative petition when submitted to him for filing, the person submitting it for filing, within ten (10) days after his refusal, may apply to the Supreme Court for an order requiring the Secretary of State to bring the petition before the court and for a writ of mandamus to compel him to file it. The application shall be considered an emergency matter of public concern and shall be heard and determined with all convenient speed. If the Supreme Court decides that the petition is legal in form, apparently contains the requisite number of signatures of qualified electors, was filed within the time prescribed in the Constitution and was accompanied with the proper filing fee, it shall issue its mandate directing the Secretary of State to file the petition in his office as of the date of submission.

Laws, 1993, ch. 514, § 13, eff. 8/3/1993 (the date the United States Attorney General interposed no objections under Section 5 of the Voting Rights Act of 1965).

Notes of Decisions

Cited in 2 cases, 2010–2011 · leading case: Hughes v. Hosemann, 68 So. 3d 1260 (Miss. 2011).

Sort: Relevance Newest Treatment

Hughes v. Hosemann, 68 So. 3d 1260 (Miss. 2011). · cites it 8× “Miss. Code Ann. § 23-17-25 (Rev.2007). [13] I add the following to supplement Justice Pierce's introduction and highlight the procedural posture of this case when it arrived at our doorstep.”

Deborah Hughes v. Delbert Hosemann (Miss. 2010). · cites it 4× “Then, this Court can review only the “legal form,” the signatures, the time within which the initiative was filed, and whether the petition was accompanied with the appropriate filing fee.”

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.