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Mississippi Code

Miss. Code Ann. § 25-5-9 (2024)

Form of petition

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The removal petition shall be in substantially the following form:

REMOVAL PETITION

(WARNING.-It is a misdemeanor, punishable by fine and imprisonment, for any person to sign any removal petition with any name other than his own, or knowingly to sign his name more than once to such petition, or knowingly to sign such petition when he is not a qualified elector.)

Date: ____________________

TO THE GOVERNOR OF THE STATE OF MISSISSIPPI:

We, the undersigned qualified electors of ____________________ County, State of Mississippi, respectfully demand that ____________________, holding the office of ____________________ in said county, be removed from office by the governor for the following reasons, to wit: (Setting out the reasons for removal in not more than two hundred words); that a special election, after lawful notice, be called to permit the qualified electors of said county to vote on the question of whether or not the said officer shall be removed;

That we each for himself say that: I am a qualified elector of said county, and my voting precinct is correctly written after my name, and that it was stated to me prior to the signing of said petition that after signing the same I would not be permitted to remove my name from said petition.

NAME

VOTING PRECINCT

1. ____________________

____________________

2. ____________________

____________________

3. ____________________

____________________

Codes, 1942, § 4054-02; Laws, 1956, ch. 188, § 2, eff. 1/20/1956.

Notes of Decisions
Cited in 2 cases, 1993–1998 · leading case: In re Higginbotham, 716 So. 2d 631 (Miss. 1998).
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In re Higginbotham, 716 So. 2d 631 (Miss. 1998). · cites it 2× “Miss.Code Ann. §§ 25-5-9, -11. Each petition was verified by a qualified elector certifying that the each signer was believed to be a voter; that the date was accurate pursuant to statutory requirements; and that each had been informed of the prohibition against withdrawing…”
Ralph Higginbotham v. Kirk Fordice, No. 93-CA-01172-SCT (Miss. Oct. 5, 1993). · cites it 2× “Miss. Code Ann. §§ 25-5-9 , -11. Each petition was verified by a qualified elector certifying that the each signer was believed to be a voter; that the date was accurate pursuant to statutory requirements; and that each had been informed of the prohibition against withdrawing…”
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