MISSISSIPPI LEGISLATURE 2025 Regular Session To: Apportionment and Elections; State Affairs By: Representative Turner House Bill 1180 AN ACT TO AMEND SECTION 83-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF INSURANCE SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE; TO PROVIDE THE TERM OF OFFICE AND THE QUALIFICATIONS OF THE POSITION; TO AMEND SECTION 83-1-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT THE GOVERNOR APPROVE THE APPOINTMENT OF A CHIEF DEPUTY COMMISSIONER BY THE COMMISSIONER OF INSURANCE; TO AMEND SECTIONS 23-15-193, 23-15-297, 23-15-333, 23-15-367 AND 23-15-603, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 83-1-3, Mississippi Code of 1972, is amended as follows: 83-1-3. (1) The chief officer of the department shall be * * *denominated the Commissioner of Insurance, who shall be * * *elected at the general election as other state officers, and who shall possess the same qualifications as required for the Secretary of State. His term of office shall be four (4) years, as that of other state officials appointed by the Governor, with the advice and consent of the Senate. (2) Beginning July 1, 2025, the Office of Commissioner of Insurance shall be an appointed position; however, no person shall be appointed to the position until the term of the present elected Commissioner of Insurance ends or the office is vacated, whichever comes first. Each term of appointment shall be for a period of six (6) years, except that in the case of a vacancy, the appointment shall be made to fill the unexpired term. (3) The Commissioner of Insurance shall be a resident of the State of Mississippi, at least thirty (30) years of age, shall have at least a bachelor's degree from an accredited college or university, and shall be selected with special reference to his or her training, experience, technical knowledge of the insurance industry and risk management, and demonstrated administrative and management ability. (4) No person shall be Commissioner of Insurance who is in any way connected with the management or control of any company, corporation, association, or order affected by this title, and his term of office shall immediately cease if at any time he shall become so interested. Furthermore, the Commissioner of Insurance shall not be a candidate for, nor hold, any other public office of trust. If he or she becomes a candidate for public office, his or her office as commissioner shall be immediately vacated. (5) Before entering on the discharge of his duties, the Commissioner of Insurance shall take and subscribe to the oath of office * * *required of state officers prescribed by the Constitution and give an executive * * *a corporate bond * * *in favor of the state in the penal sum of Twenty-five Thousand Dollars ($25,000.00) in some company or companies duly authorized to transact business in this state, to be approved by the Governor and conditioned for the faithful and impartial performance of the duties of said office during his term, which bond and oath of office shall be filed with the Secretary of State. SECTION 2. Section 83-1-7, Mississippi Code of 1972, is amended as follows: 83-1-7. The commissioner shall have authority to appoint * * *, with the consent of the Governor, a chief deputy commissioner, who shall have power, during his absence or inability to act from any cause, to perform any and all of the duties of the commissioner. Said deputy shall be * * *commissioned by the Governor and shall be subject to the same requirements, restrictions, and qualifications as the commissioner, excepting that the bond of the deputy shall be in the penal sum of Ten Thousand Dollars ($10,000.00), conditioned and approved in the same manner as the bond of the commissioner. SECTION 3. Section 23-15-193, Mississippi Code of 1972, is amended as follows: * * *[Through December 31, 2024, this section shall read as follows:] 23‑15‑193. (1) At the election in 2023, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution. (2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held three (3) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held three (3) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly. (3) The provisions of Section 23‑15‑981 shall control the run‑off elections of justice court judges. [From and after January 1, 2025, this section shall read as follows:] [From July 1, 2025, until January 1, 2027, this section shall read as follows:] 23-15-193. (1) At the election in 2023 * * *, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution. (2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly. (3) The provisions of Section 23-15-981 shall control the run-off elections of justice court judges. [From and after January 1, 2027, this section shall read as follows:] 23-15-193. (1) At the election in 2027, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution. (2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly. (3) The provisions of Section 23-15-981 shall control the runoff elections of justice court judges. SECTION 4. Section 23-15-297, Mississippi Code of 1972, is amended as follows: 23-15-297. (1) All candidates, upon entering the race for party nominations for office, shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts: (a) Candidates for Governor, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than One Thousand Dollars ($1,000.00) and no more than Five Thousand Dollars ($5,000.00). (b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, * * *Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than Five Hundred Dollars ($500.00) and no more than Two Thousand Five Hundred Dollars ($2,500.00). (c) Candidates for State Senator and State Representative, Two Hundred Fifty Dollars ($250.00). (d) Candidates for district attorney, Two Hundred Fifty Dollars ($250.00). (e) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00). (f) Candidates for county surveyor, county coroner and constable, One Hundred Dollars ($100.00). (g) Candidates for United States Senator, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than One Thousand Dollars ($1,000.00) and no more than Five Thousand Dollars ($5,000.00). (h) Candidates for United States Representative, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than Five Hundred Dollars ($500.00) and no more than Two Thousand Five Hundred Dollars ($2,500.00). (2) (a) The state executive committee of a political party shall set the entry fee that a candidate is to pay upon entering the race for party nominations for the offices listed in paragraphs (a), (b), (g) and (h) of subsection (1) of this section and Section 23-15-1093(2)(a). The authority granted under this subsection shall not be exercised by any state executive committee of a political party for any individual office more than once every two (2) years, beginning July 1, 2022. (b) Each state executive committee of a political party shall report the entry fee determined for each office to the Secretary of State by October 1 of the year before the election is held for that office. If a state executive committee does not meet the deadline in this paragraph for any office, the minimum entry fee shall be assessed for the office in that party's primary election during that election cycle. (3) All independent candidates and special election candidates entering the race for office shall pay to the proper officer as provided for in Section 23-15-299 the following amounts: (a) Candidates for Governor, One Thousand Dollars ($1,000.00). (b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, * * *Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, Five Hundred Dollars ($500.00). (c) Candidates for district attorney, State Senator and State Representative, Two Hundred Fifty Dollars ($250.00). (d) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00). (e) Candidates for county surveyor, county coroner and constable, One Hundred Dollars ($100.00). (f) Candidates for United States Senator, One Thousand Dollars ($1,000.00). (g) Candidates for United States Representative, Five Hundred Dollars ($500.00). (4) The Secretary of State shall publish the fees listed in this section and Section 23-15-1093 no later than forty-five (45) days before the qualifying period begins for each office. SECTION 5. Section 23-15-333, Mississippi Code of 1972, is amended as follows: 23-15-333. (1) The county executive committee shall have printed all necessary ballots, for use in primary elections. The county executive committee shall have printed all necessary absentee ballots forty-five (45) days before the election as required by law. The ballots shall contain the names of all the candidates to be voted for at the election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. Except as otherwise provided in subsection (2) of this section, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed. (2) The titles for the various offices shall be listed in the following order: (a) Candidates, electors or delegates for the following national offices: (i) President of the United States of America; (ii) United States Senator or United States Representative; (b) Candidates for the following statewide offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce * * *, Commissioner of Insurance; (c) Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney; (d) Candidates for the following legislative offices: Senator and House of Representatives; (e) Candidates for countywide office; (f) Candidates for county district office. The order in which the titles for the various offices are listed within each of the categories listed in paragraphs (e) and (f) are left to the discretion of the county executive committee. Candidates' names shall be listed alphabetically under each office by the candidate's last name. (3) If after the deadline to qualify as a candidate for an office, only one (1) person has duly qualified to be a candidate for the office in the primary election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the primary election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate executive committee shall declare each candidate as the party nominee if the candidate meets all the qualifications to hold the office. (4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement. (b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement. SECTION 6. Section 23-15-367, Mississippi Code of 1972, is amended as follows: 23-15-367. (1) Except as otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2) of this section, the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot. (2) The titles for the various offices shall be listed in the following order: (a) Candidates, electors or delegates for the following national offices: (i) President; (ii) United States Senator or United States Representative; (b) Candidates for the following statewide office: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce * * *, Commissioner of Insurance; (c) Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney; (d) Candidates for the following legislative offices: Senate and House of Representatives; (e) Candidates for countywide office; (f) Candidates for county district office. The order in which the titles for the various offices are listed within paragraphs (e) and (f) is left to the discretion of the county election commissioners. Nominees of the political parties, qualified to conduct primary elections as defined in Section 23-15-291, shall be listed first alphabetically by the candidate's last name, followed by any other candidates listed alphabetically by last name. (3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated election commissioner of each county a sample of the official ballot, not less than fifty-five (55) days before the election, the general form of which shall be followed as nearly as practicable. SECTION 7. Section 23-15-603, Mississippi Code of 1972, is amended as follows: 23-15-603. (1) The election commissioners shall, within ten (10) days after the general election and within ten (10) days after a runoff election, if one is required, transmit to the Secretary of State, to be filed in his or her office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, * * *Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS." In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election. (2) Constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally. The election commissioners shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments. (3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State. Certified county vote totals shall represent the final results of the election. (4) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners, which shall read as follows: "We, the undersigned election commissioners, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein." (5) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. SECTION 8. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Apportionment and Elections; State Affairs
By: Representative Turner
# House Bill 1180
AN ACT TO AMEND SECTION 83-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF INSURANCE SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE; TO PROVIDE THE TERM OF OFFICE AND THE QUALIFICATIONS OF THE POSITION; TO AMEND SECTION 83-1-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT THE GOVERNOR APPROVE THE APPOINTMENT OF A CHIEF DEPUTY COMMISSIONER BY THE COMMISSIONER OF INSURANCE; TO AMEND SECTIONS 23-15-193, 23-15-297, 23-15-333, 23-15-367 AND 23-15-603, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-1-3, Mississippi Code of 1972, is amended as follows:
83-1-3. (1) The chief officer of the department shall be * * *denominated the Commissioner of Insurance, who shall be * * *elected at the general election as other state officers, and who shall possess the same qualifications as required for the Secretary of State. His term of office shall be four (4) years, as that of other state officials appointed by the Governor, with the advice and consent of the Senate.
(2) Beginning July 1, 2025, the Office of Commissioner of Insurance shall be an appointed position; however, no person shall be appointed to the position until the term of the present elected Commissioner of Insurance ends or the office is vacated, whichever comes first. Each term of appointment shall be for a period of six (6) years, except that in the case of a vacancy, the appointment shall be made to fill the unexpired term.
(3) The Commissioner of Insurance shall be a resident of the State of Mississippi, at least thirty (30) years of age, shall have at least a bachelor's degree from an accredited college or university, and shall be selected with special reference to his or her training, experience, technical knowledge of the insurance industry and risk management, and demonstrated administrative and management ability.
(4) No person shall be Commissioner of Insurance who is in any way connected with the management or control of any company, corporation, association, or order affected by this title, and his term of office shall immediately cease if at any time he shall become so interested. Furthermore, the Commissioner of Insurance shall not be a candidate for, nor hold, any other public office of trust. If he or she becomes a candidate for public office, his or her office as commissioner shall be immediately vacated.
(5) Before entering on the discharge of his duties, the Commissioner of Insurance shall take and subscribe to the oath of office * * *required of state officers prescribed by the Constitution and give an executive * * *a corporate bond * * *in favor of the state in the penal sum of Twenty-five Thousand Dollars ($25,000.00) in some company or companies duly authorized to transact business in this state, to be approved by the Governor and conditioned for the faithful and impartial performance of the duties of said office during his term, which bond and oath of office shall be filed with the Secretary of State.
SECTION 2. Section 83-1-7, Mississippi Code of 1972, is amended as follows:
83-1-7. The commissioner shall have authority to appoint * * *, with the consent of the Governor, a chief deputy commissioner, who shall have power, during his absence or inability to act from any cause, to perform any and all of the duties of the commissioner. Said deputy shall be * * *commissioned by the Governor and shall be subject to the same requirements, restrictions, and qualifications as the commissioner, excepting that the bond of the deputy shall be in the penal sum of Ten Thousand Dollars ($10,000.00), conditioned and approved in the same manner as the bond of the commissioner.
SECTION 3. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
* * *[Through December 31, 2024, this section shall read as follows:]
23‑15‑193. (1) At the election in 2023, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
(2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held three (3) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held three (3) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly.
(3) The provisions of Section 23‑15‑981 shall control the run‑off elections of justice court judges.
[From and after January 1, 2025, this section shall read as follows:]
[From July 1, 2025, until January 1, 2027, this section shall read as follows:]
23-15-193. (1) At the election in 2023 * * *, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
(2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly.
(3) The provisions of Section 23-15-981 shall control the run-off elections of justice court judges.
[From and after January 1, 2027, this section shall read as follows:]
23-15-193. (1) At the election in 2027, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
(2) The state officers that receive a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for state office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly.
(3) The provisions of Section 23-15-981 shall control the runoff elections of justice court judges.
SECTION 4. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. (1) All candidates, upon entering the race for party nominations for office, shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:
(a) Candidates for Governor, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than One Thousand Dollars ($1,000.00) and no more than Five Thousand Dollars ($5,000.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, * * *Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than Five Hundred Dollars ($500.00) and no more than Two Thousand Five Hundred Dollars ($2,500.00).
(c) Candidates for State Senator and State Representative, Two Hundred Fifty Dollars ($250.00).
(d) Candidates for district attorney, Two Hundred Fifty Dollars ($250.00).
(e) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00).
(f) Candidates for county surveyor, county coroner and constable, One Hundred Dollars ($100.00).
(g) Candidates for United States Senator, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than One Thousand Dollars ($1,000.00) and no more than Five Thousand Dollars ($5,000.00).
(h) Candidates for United States Representative, the amount determined by the state executive committee of the party pursuant to subsection (2) of this section but no less than Five Hundred Dollars ($500.00) and no more than Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) The state executive committee of a political party shall set the entry fee that a candidate is to pay upon entering the race for party nominations for the offices listed in paragraphs (a), (b), (g) and (h) of subsection (1) of this section and Section 23-15-1093(2)(a). The authority granted under this subsection shall not be exercised by any state executive committee of a political party for any individual office more than once every two (2) years, beginning July 1, 2022.
(b) Each state executive committee of a political party shall report the entry fee determined for each office to the Secretary of State by October 1 of the year before the election is held for that office. If a state executive committee does not meet the deadline in this paragraph for any office, the minimum entry fee shall be assessed for the office in that party's primary election during that election cycle.
(3) All independent candidates and special election candidates entering the race for office shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:
(a) Candidates for Governor, One Thousand Dollars ($1,000.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, * * *Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, Five Hundred Dollars ($500.00).
(c) Candidates for district attorney, State Senator and State Representative, Two Hundred Fifty Dollars ($250.00).
(d) Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00).
(e) Candidates for county surveyor, county coroner and constable, One Hundred Dollars ($100.00).
(f) Candidates for United States Senator, One Thousand Dollars ($1,000.00).
(g) Candidates for United States Representative, Five Hundred Dollars ($500.00).
(4) The Secretary of State shall publish the fees listed in this section and Section 23-15-1093 no later than forty-five (45) days before the qualifying period begins for each office.
SECTION 5. Section 23-15-333, Mississippi Code of 1972, is amended as follows:
23-15-333. (1) The county executive committee shall have printed all necessary ballots, for use in primary elections. The county executive committee shall have printed all necessary absentee ballots forty-five (45) days before the election as required by law. The ballots shall contain the names of all the candidates to be voted for at the election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. Except as otherwise provided in subsection (2) of this section, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates, electors or delegates for the following national offices:
(i) President of the United States of America;
(ii) United States Senator or United States Representative;
(b) Candidates for the following statewide offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce * * *, Commissioner of Insurance;
(c) Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney;
(d) Candidates for the following legislative offices: Senator and House of Representatives;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in paragraphs (e) and (f) are left to the discretion of the county executive committee. Candidates' names shall be listed alphabetically under each office by the candidate's last name.
(3) If after the deadline to qualify as a candidate for an office, only one (1) person has duly qualified to be a candidate for the office in the primary election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the primary election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate executive committee shall declare each candidate as the party nominee if the candidate meets all the qualifications to hold the office.
(4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
SECTION 6. Section 23-15-367, Mississippi Code of 1972, is amended as follows:
23-15-367. (1) Except as otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2) of this section, the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates, electors or delegates for the following national offices:
(i) President;
(ii) United States Senator or United States Representative;
(b) Candidates for the following statewide office: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce * * *, Commissioner of Insurance;
(c) Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney;
(d) Candidates for the following legislative offices: Senate and House of Representatives;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within paragraphs (e) and (f) is left to the discretion of the county election commissioners. Nominees of the political parties, qualified to conduct primary elections as defined in Section 23-15-291, shall be listed first alphabetically by the candidate's last name, followed by any other candidates listed alphabetically by last name.
(3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated election commissioner of each county a sample of the official ballot, not less than fifty-five (55) days before the election, the general form of which shall be followed as nearly as practicable.
SECTION 7. Section 23-15-603, Mississippi Code of 1972, is amended as follows:
23-15-603. (1) The election commissioners shall, within ten (10) days after the general election and within ten (10) days after a runoff election, if one is required, transmit to the Secretary of State, to be filed in his or her office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, * * *Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS." In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election.
(2) Constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally. The election commissioners shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments.
(3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State. Certified county vote totals shall represent the final results of the election.
(4) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners, which shall read as follows:
"We, the undersigned election commissioners, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein."
(5) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.