Mississippi Code

Miss. Code Ann. § 25-5-7 (2024)

Demand for removal

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Before the Governor shall consider the removal from a county office of any elective county officer, there shall be first filed with him a petition signed by not less than thirty percent (30%) of the qualified electors of said county demanding the removal of said officer. Such petition shall contain a general statement, in not more than two hundred (200) words, of the ground or grounds on which such removal is demanded, which statement shall be for the information of the officer involved, for the information of the council hereinafter provided, and for the information of the qualified electors of the county.

All removal petitions with reference to only supervisors, justice court judges and constables must be signed by at least fifty-one percent (51%) of the qualified electors of the beat or district from which they were originally elected.

Upon the request of any qualified elector, it shall be the duty of the county and district prosecuting attorney to advise such person as to the provisions of Sections 25-5-3 through 25-5-37 and how to comply with the same.

Codes, 1942, § 4054-02; Laws, 1956, ch. 188, § 2; Laws, 1981, ch. 471, § 46, eff. 1/1/1984, or, with respect to a given county, on such earlier date as the county appoints a justice court clerk pursuant to § 9-11-1(3).


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). · cites it 2× “Miss.Code Ann. §§ 25-5-7, 25-5-23. The scheme specifically provides that the decision of the removal council as to all matters “preliminary of final, shall be final and not subject to review.”
Ralph Higginbotham v. Kirk Fordice, No. 93-CA-01172-SCT (Miss. Oct. 5, 1993). · cites it 2× “Miss. Code Ann. §§ 25-5-7 , 25-5-23. The scheme specifically provides that the decision of the removal council as to all matters "preliminary of final, shall be final and not subject to review.”
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