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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


2008 Key Questions for Key States

Mississippi

The complete research by Election Law @ Moritz for Mississippi can be found below.

Institutional Arrangements

State Chief Election Authorities

Elected individual (D)

Chief election authority: Secretary of State. § 23-15-211.1.

Method of selection: Elected. Const. Art. 5, § 133.

Current officer: Eric Clark (D). 2003 Missippippi Election Results (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/elected

Method of selection: Election. Const. Art. 6, § 145, 145B.

Justices: James W. Smith, Jr. (no info), William L. Waller, Jr. (no info), Oliver E. Diaz, Jr. (R), Charles Easley (no info), George C. Carlson, Jr. (appointed by Musgrove (D)), James E. Graves, Jr. (appointed by Musgrove (D)), Jess H. Dickinson (R), Michael K. Randolph (no info), Ann H. Lamar (D) (Last updated 12/22/07)

Sources: 

  • American Judicature Society
  • Attorney: Supreme Court justice money is common donation, not bribery, AP Alert – Political, April 27, 2005.
  • Buying Justice, Forbes, July 21, 2003.
  • Contenders for D.A. in N.W. Miss. Debate How to Run Office, Memphis Commercial Appeal (TN), October 30, 1999.

Voter Registration

EL@M did not research this topic for Mississippi

Challenges

EL@M did not research this topic for Mississippi

Provisional Ballots

EL@M did not research this topic for Mississippi

Early and Absentee Voting

EL@M did not research this topic for Mississippi

Voting Technology

EL@M did not research this topic for Mississippi

Polling Place Operations

Polling place closing times - local times

7:00 PM local time

Polling place closing times - by Eastern time zone

8:00 PM Eastern time

Ballot Security

EL@M did not research this topic for Mississippi

Emergency Preparedness

EL@M did not research this topic for Mississippi

Post-Election Processes

What Court Would Hear a Presidential Contest?

No Presidential election contest permitted

Mississippi statutes explicitly authorize many types of contests of general elections, but do not mention contests for President. This suggests such contests are not available. Mississippi law authorizes contests of primaries of offices within “state…districts,” but it is unclear whether this would apply Presidential primary contests. M.C.A. § 23-15-923. Assuming this applies to Presidential primaries, the State Executive Committee of the affected political party would decide the outcome by majority vote. 

Who Performs Presidential recounts?

No Presidential recount allowed

Mississippi statutes do not authorize such recounts. Mississippi also does not authorize Presidential election contests. 23-15-951. This is also true for Presidential primary contests. 23-15-921; 23-15-923. This effectively means that no Presidential recount or election contest could occur in Mississippi under the present law.

The statutes do, however, permit candidates upon petition to examine ballots in the presence of the circuit clerk. Miss. Code Ann. S 23-15-911. Opposing candidates are entitled to be there as well. The examination in itself probably cannot change the official result of the election, but instead appears to be intended to gather facts to help candidates decide whether to file an election contest. Lopez v. Holleman, 219 Miss. 822, 836 (Miss., 1954).