2 Miss. Code. R. § 1-1.4 - Election Contests and Right of Appeal

Current through April 7, 2022

Any unsuccessful candidate for district commissioner, being aggrieved by the conduct of the election, may, within ten (10) days after the election, file with the Commission a petition protesting said election, specifying in detail the alleged irregularity or violation of election procedures, with a duplicate copy to be filed with the district board. Within twenty (20) days thereafter, the contact person shall provide the Commission with a written response to the petition, along with all papers, documents and other available evidence regarding the conduct of the challenged election, all certified to be true and correct. The Commission shall fix a time for a hearing on the challenge, and provide notice to the petitioner and contact person of such hearing. When the matter shall come on for hearing the Commission shall receive and consider all evidence regarding the alleged irregularity, and shall consider and decide the matter fully and finally according to these regulations and applicable laws of the State of Mississippi. The Commission may cause witnesses to be sworn by one of its members, or by any other authority competent to administer oaths.

The Commission shall be the sole judge of all questions arising incident to or connected with such election, and shall order a new election in the event it determines, by a majority vote of the Commission, that a material violation or irregularity has occurred.

In the event the Commission shall fail to promptly meet and rule on such contested election, or shall fail to give with reasonable promptness the full relief required by the facts and the law, the contestant shall have the right forthwith to file in the circuit court of the county wherein the irregularities are charged to have occurred a sworn copy of their said protest or complaint.

Notes

2 Miss. Code. R. § 1-1.4
Miss. Code Ann. §§ 21-29-11, 23-15-927.

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