Mississippi Code
Miss. Code Ann. § 25-5-37 (2024)
Penalties
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Any person who signs any removal petition with any name other than his own, or who knowingly signs his name more than once to such petition, or who knowingly signs such petition when he is not a qualified elector shall be guilty of a felony and, upon conviction, may be punished as such for a term in the penitentiary not to exceed five (5) years.
- (2) Any person who knowingly executes any affidavit required by Sections 25-5-3 through 25-5-37 knowing the same to be false, or who issues any certificate required by the same knowing it to be false, or who makes any statement of any kind required by said sections to be under oath, either in writing or orally, knowing the same to be false shall be guilty of perjury and, upon conviction, may be punished by imprisonment in the state penitentiary for a term not to exceed ten (10) years.
- (3) It shall be a felony for any officer sought to be removed under the provisions of the aforesaid sections to attempt by force, threats, bribery, or intimidation to hinder or interfere with the free circulation or signing of any removal petition and, upon conviction thereof, he shall be punished by imprisonment in the state penitentiary for not less than one (1) year nor more than five (5) years.
- (4) Any person in the possession of a removal petition who either wilfully suppresses, neglects, or fails to cause same to be filed with the county registrar shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not to exceed six (6) months or by fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
Codes, 1942, § 4054-08; Laws, 1956, ch. 188, § 8, eff. 1/20/1956.
Notes of Decisions
Cited in 2
cases, 1993–1998 · leading case: In re Higginbotham, 716 So. 2d 631 (Miss. 1998).
In re Higginbotham, 716 So. 2d 631 (Miss. 1998). “Miss.Code Ann. § 25-5-37(3). ¶ 28. Higginbotham has challenged the petitions on a number of grounds.”
Ralph Higginbotham v. Kirk Fordice, No. 93-CA-01172-SCT (Miss. Oct. 5, 1993). “Miss. Code Ann. § 25-5-37 (3). ¶28. Higginbotham has challenged the petitions on a number of grounds.”
Miss. Code Ann. § 25-5-37(3): 1 case
In re Higginbotham, 716 So. 2d 631 (Miss. 1998). “Miss.Code Ann. § 25-5-37(3). ¶ 28. Higginbotham has challenged the petitions on a number of grounds.”
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