IN THE CIRCUIT COURT OF JONES COUNTY, MISSISSIPPI

SECOND JUDICIAL DISTRICT

CHRIS MCDANIEL PETITIONER

VS. CAUSE NO. 2014-76-CV08

THAD COCHRAN RESPONDENT
______________________________________________________________________________

RESPONDENTS REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
______________________________________________________________________________

COMES NOW Respondent Thad Cochran, by and through undersigned counsel, and
submits his reply memorandum in support of his motion to dismiss Petitioner Chris McDaniels
Petition for Emergency Hearing Injunctive Relief and Judicial Review (the Petition) as
follows:
INTRODUCTION
The legislative history and purpose of the Mississippi Election Code makes two things
clear: (1) no material changes were intended or made when the current Mississippi Election Code
was enacted in 1986; and (2) Kellum v. Johnson, 115 So. 2d 147 (Miss. 1959), remains
applicable in its interpretation of our current statutory scheme.
LEGISLATIVE HISTORY OF THE MISSISSIPPI ELECTION CODE
In the Mississippi Code of 1942, the election statutes were not contained in a single title
and chapter, but were instead scattered throughout the Code. Legal commentators note, the
Code previously contained a hodgepodge of statutes that, while probably coherently ordered
when originally enacted, had no apparent structure by 1986. R. Andrew Taggart & John C.
Henegan, The Mississippi Election Code of 1986: an Overview, 56 Miss. L.J. 535, 537 n.12
(1986). This was due in part to an attempted recodification in 1972, in which some newly

2

contemplated provisions were approved by the United States Attorney General
1
and signed into
law, but others were excluded.
2
Thus, by 1984, Mississippis election laws were spread over 11
chapters of the 1972 Code, and were further supplemented by a substantial body of law found in
the Mississippi Code of 1942. Taggart & Henegan at 537 n.12.
Thus, [t]he prime motivation in enacting the Election Code was a broad desire to
consolidate the entire body of Mississippis election law. Id. at 537. Accordingly, in 1984 a
25-member Election Law Task Force was appointed to recodify Mississippi election law. Id.
at 537, 538. Once developed, [t]he 1986 bill was signed into law on April 16, 1986 and
would become effective from and after January 1, 1987, pending approval under the Voting
Rights Act. Id. at 547. It was thereafter submitted to the United States Justice Department and
approved. See id. at 547-48.
3
The intended goal of consolidation and organization was
achieved. The Mississippi Election Code now appears in a special pamphlet to the Mississippi
Code of 1972, Annotated, and is codified by the sequential numbering of the sections of the Act
in a single chapter of the Code Title 23. Id. at 537 n.12.
Regarding the specific statutes at issue in this case, the drafters of the 1986 Election Code
were clear in their intent to re-adopt the 1942 Code sections with only minimal changes. In

1
At the time, legislative changes to the election laws required preclearance by United States Attorney
General pursuant to Section 5 of the Voting Rights Act of 1965, 89 P.L. 110, 79 Stat. 437 (Aug. 6, 1965).
2
Importantly, the sections in this case pertaining to primary elections were among those that did not receive
approval and were, therefore, not effectively recodified in 1972. See, e.g., Jones v. Moorman, 327 So. 2d 298 (Miss.
1976) (finding Section 34, Chapters 506 and 508, Laws of 1970 did not repeal section 3143 and other sections
dealing with primary elections because they did not receive approval from the United States Attorney General).
3
See also McDaniel v. Beane, 515 So. 2d 949, 951 n.1 (Miss. 1987) ([T]he provisions of chapter 495 were
submitted on November 3, 1986, to the Attorney General of the United States for consideration and preclearance
under the provisions of the Voting Rights Act of 1965, as amended and extended. On December 31, 1986, and on
January 2, 1987, the Attorney General of the United States interposed no objections to the changes involved in
chapter 495, Laws of 1986, thereby implementing the effective date of January 1, 1987, of the Mississippi Election
Code.).

3

submissions to the United States Justice Department, the Legislature stressed that its changes to
3143 and 3144 were made for clarification only and to reflect current practices.
4
See
Affidavit of William A. Neely, Jr. at Ex. A, attached as Supp. Ex. A to Resp.s Mot.
For the Courts clarification, Respondent submits a track change comparison of each
version of the pertinent statutes. See Supp. Ex. B to Resp.s Mot. As shown in Exhibit B and
discussed in greater detail below, the substantial similarity of the prior and current statute
versions is not limited to the election challenge statutes, but also pertains to every statute cited in
Petitioners Response.
LEGAL EFFECT OF REPEALING AND RE-ENACTING PRIOR STATUTES IN 1986 ELECTION CODE
Petitioner and Respondent agree that the re-enactment of legislation without material
change constitutes legislative approval and adoption of prior judicial interpretations. See Resp.
at 9-10.
5
Where the parties disagree relates to the effect of a statutory repeal. Petitioner
contends throughout his Response that the formal repeal of the prior 1942 Code election
statutes in 1986 somehow stripped Kellum of its precedential authority. See id. at 7, 10. This
is legally incorrect. It is settled Mississippi law that:

4
Specifically, the Legislature removed language regarding senatorial and flotorial executive committees
because they no longer exist and their former duties are performed by the state executive committee. See Aff. of
William A. Neely, Jr. at Ex. A, attached as Supp. Ex. A to Resp.s Mot. The proposed change also added to
3144 now Mississippi Code 23-15-923 the phrase and in legislative districts composed of more than one
county or parts of more than one county, acknowledging the existence of such districts. See id.
5
This is a settled principle of statutory construction in Mississippi:
When a statute is repeatedly re-enacted in essentially the same language and by
its retention in all subsequent codes, a decision of this Court interpreting the
statute becomes in effect a part of the statute. Therefore, if the statute is to be
amended, it should be done by the legislature and not by judicial decision.

Crosby v. Alton Ochsner Medical Foundation, 276 So. 2d 661, 670 (Miss. 1973).



4

Where the provisions of a statute are carried forward and embodied
in a codification or revision, in the same words, or which are
substantially the same and not different in meaning, the latter
provisions will be considered as a continuance of the old law and
not as a new or original enactment, and this is true both where
there is an express declaration to that effect in the codification or
revision, and also in the absence of such declaration. This rule
applies although the statute brought forward has been
simultaneously repealed by the codification or revision. The
effect of the continuance of the old law is that all rights and
interests thereunder are preserved.
State Tax Commn v. Miss. Power Co., 160 So. 907, 909 (Miss. 1935) (emphasis added). See
also Doe, et al. v. Attorney W., 410 So. 2d 1312, 1315 (Miss. 1982); McDonald v. State Tax
Commn, 158 Miss. 331, 130 So. 473 (Miss. 1930); Abbay v. Bd. of Levee Commrs, 83 Miss.
102, 35 So. 426 (Miss. 1903); State v. Hill, 70 Miss. 106, 11 So. 789 (Miss. 1892); Anding v.
Levy, 57 Miss. 51 (Miss. 1879). Thus, the repeal of the 1942 Code election statutes is of no
moment. The question for the Court is whether the pertinent election contest statutes
materially or substantially changed when they were carried forward into the 1986 Election
Code. As explained in detail above and below, they did not.
CLOSE ANALYSIS OF THE PRIOR AND CURRENT ELECTION CONTEST STATUTE
A side-by-side comparison of the statutes reveals there were no material changes. See
Supp. Ex. B to Resp.s Mot. In fact, all pertinent sections of the 1986 Code, including the
statutory timelines discussed throughout Petitioners Response, existed in the Code of 1942 in
virtually identical form. For example, the 20-day deadline to initiate an election contest existed
in 3143. That same 20-day deadline was carried forward in 1986 and exists today in 921.
Section 3144 the statute analyzed in Kellum contained no explicit 20-day deadline, just as
there is no explicit 20-day deadline in 923. Former 3143 and 3144 provided the timing,
mechanism, and process for initiating an election challenge. The operative language of 3143

5

and 3144 was carried forward into 921 and 923 which now direct the timing, mechanism, and
process for initiating an election challenge.
The similarity of the prior and current statute versions does not end with the election
challenge statutes. Indeed, every statute cited in Petitioners Response existed in almost
identical form in the prior Code of 1942 and was available for consideration by the Kellum
Court:
1. Section 23-15-597 is referenced on Page 3 of Petitioners Response regarding the
meeting of the County Election Commissioners on the first or second day after the
election to canvass returns and declare the election result, and thereafter transmit the
results to the state executive committee within 36 hours of declaration. This section
includes the same time periods carried forward from 3142 of the Code of 1942, and
were, thus, available for consideration by the Kellum Court.

2. Section 23-15-599 is referenced on Page 3 of Petitioners Response regarding the
requirement of the state executive committee to transmit the statewide primary results to
the Secretary of State. The operative language of this statute was carried forward
from 3146 of the Code of 1942 and was before the Kellum Court, with the exception of
the 10-day limit to transmit the election result, which was added later.

3. Section 23-15-911 is referenced on Page 3 of Petitioners Response regarding the 12-day
period from which a candidate may examine election results after the canvassing.
Section 3169 of the Code of 1942 is virtually identical to 23-15-911 and includes the
same 12-day period for inspection after canvassing and examination. This, too, was
before the court in Kellum.

4. Section 23-15-927 is referenced on Page 4 of Petitioners Response regarding the time to
file for judicial review of a contest after filing with the state executive committee. This
statute was carried forward from 3182 of the Code of 1942 with the same
forthwith time limitation and was before the court in Kellum. However, 927 was
amended in 2012 to add a 10-day time limitation which superseded the prior requirement
to merely file forthwith.

The legislative history, together with a side-by-side comparison of the old and new code
sections, confirms the Mississippi Election Code is merely a recodification or carrying forward
of the Corrupt Practices Act, with minor changes as to form, and not a new scheme of election

6

law. There were no changes that would affect the timing to initiate a state-wide election
challenge.
This is fatal to Petitioners argument, as this precise issue was addressed by the
Mississippi Supreme Court in McDaniel v. Beane, 515 So. 2d 949 (Miss. 1987). In McDaniel,
the circuit court dismissed the challengers election contest for failure to comply with the
Pittman rule a judicial construction of Election Code 927 requiring the candidate to attach
with his petition the signed certificates of two disinterested investigating attorneys. Id. at 951-
52. On appeal, McDaniel questioned the precedential value of Pittman v. Forbes, 191 So. 490
(1939), and its judge-made requirement that the attorneys be disinterested. McDaniel, 515 So.
2d at 951-52. McDaniel argued that 927 does not say disinterested, and pointed to language
in 933 of the 1972 Code as evidence that Pittman had been stripped of its precedential
authority. See id. The Court disagreed and issued the following holding, which applies squarely
to the case sub judice:
In the face of this authority, McDaniel paddles upstream. He calls
to our attention the statutory procedure in election contests for
perfecting an appeal to this Court which appears presently in Miss.
Code Ann. 23-15-933 (Supp.1987). That statute contemplates a
bill of exception signed "by two disinterested attorneys." McDaniel
reasons that if the draftsmen of Section 23-15-927 had intended to
require that the attorneys certifying to the petition for judicial
review be "disinterested" they could well have employed the same
language as appeared in Section 23-15-933. McDaniel
acknowledges that Section 23-15-933 says what the Special
Tribunal read into Section 23-15-927. The short answer is that
the language of Section 23-15-933 has been in the law since
enactment of the Corrupt Practices Act. See Miss. Laws ch.19,
15(d) (1935). That language was on the books at the time
Pittman, Pearson, Harris and Noxubee County were decided.
Id. at 952 (emphasis added). See also id. at 951 (Where validly enacted statutory language is
brought forward in new codes or amended versions of the original statutes, prior interpretations
thereof remain persuasive, that is, in the absence of some indication in the new amendment or

7

enactment that prior interpretation should no longer be credited.). The rule in McDaniel v.
Beane translates directly to McDaniel v. Cochran. The statutes Petitioner cites throughout his
Response are all substantially similar if not virtually identical to their 1942 predecessor Code
sections, and were available for review by the Kellum Court. Accordingly, Kellum retains its
precedential value and controls the outcome of this case. Like the candidate in McDaniel v.
Beane, Chris McDaniel now paddles upstream. Id. at 952.
IMMATERIALITY OF MINOR CHANGES CITED BY PETITIONER
On Pages 7-8 of his Response, Petitioner points to five minimal statutory changes that he
contends render Kellum inapplicable to 923. Specifically, Petitioner argues that:
Section 3143 by indirect language was limited to allegations of fraud;
Section 3143 did not include exceptions or coordinate with other statutes;
Section 3143 did not apply to legislative districts composed of one county or less;
Section 3143 did not clarify who could accept the contest petition; and
Section 3143 was formally repealed when 921 was enacted in 1986.
Petitioner does not explain how or why any of these minimal changes are material or
even pertinent to the time limitation for initiating an election challenge. Furthermore, the final
distinction Petitioner offers is the formal repeal of the 1942 Code. Although Petitioner
characterizes this as the the most significant distinction, it could not be less significant. See
supra at 4 (quoting State Tax Commn v. Miss. Power Co., 160 So. 907, 909 (Miss. 1935)). In
short, Petitioners position that these minor changes effectively set aside the precedential
authority of Kellum v. Johnson is untenable. Resp. at 9.



8

PETITIONERS STATUTORY CONSTRUCTION IS FLAWED
Throughout the Response, Petitioner engages in inappropriate and incorrect statutory
construction. First, on Page 4, Petitioner argues 923 is analogous to 927 of the Election Code
(regarding application by a candidate for judicial review), which used to contain a timing
requirement that the candidate file his petition forthwith into circuit court. Nonetheless,
Petitioner attempts to avail himself of the forthwith language for purposes of salvaging his
untimely petition to the SREC under 923. Petitioners argument on this point, which occupies
Pages 4-7 of his Response, is easily refuted. Section 923 has never contained the word
forthwith, and no court or case has ever interpreted 923 to contain such a term. Section 927
was amended in 2012 to contain a clear 10-day filing requirement, indicating legislative intent to
do away with the vague forthwith terminology for definitive election-challenge deadlines.
Petitioner further argues that 3144 did not structurally stand on its own like 923
does. Resp. at 9. Petitioner speculates that this could have been why the Mississippi Supreme
Court decided it was proper to borrow the 20-day deadline from 3143 in Kellum. To the
contrary, the Supreme Court articulated its reasons for the holding in Kellum, none of which
relate to the structural independence of 3144. Like all reported Supreme Court cases, the
basis and rationale for the Courts decision in Kellum exists only in the Kellum opinion.
Petitioner attempts to insert his structural independence theory into the holding of Kellum, yet
Kellum contains no such discussion. It is inappropriate to speculate about reasons for a Supreme
Court holding that are not included in the published opinion. To do so is an incorrect and
improper application of precedent.



9

THE STATUTORY CONFLICT ARGUMENT: A BLATANT MISREADING OF 23-15-911
Petitioner argues the 20-day Kellum rule, if applied to 923, would create a conflict in
the [current] statutory scheme. The proposed conflict, however, is based on a misreading of
the statutes. Petitioner contends the SRECs transmission of state-wide election results to the
Secretary of State which must occur within 10 days of election under 599 triggers the
candidates 12-day window to review election-results documentation under 911. Resp. at 3.
6

Petitioner argues this when coupled with the Kellum rule potentially subjects a candidate to
filing a challenge with two days left to examine the contents of ballot boxes. Petitioner argues:
If the Court were to adopt Respondents argument and apply
Kellum v. Johnson, it would create a conflict in the statutory
scheme. It would impose a requirement that candidates in multi-
county or state-wide election contests file their complaint with the
state executive committee before the end of their allowed 12-day
period to examine election records. In that setting, the candidate
would be required to file his complaint 2 days before the end of the
examination period.

Resp. at 11. Petitioner simply misreads 911. The statute is clear that a candidates 12-day time
limit to examine the contents of ballot boxes runs from the date the ballot box contents are
canvassed and examined by the elections commission or executive committee (to occur within
two days of the election under 597), not from the date the SREC transmits the state-wide
results to the Secretary of State (to occur within 10 days of election under 599):
. . . At any time within twelve (12) days after the canvass and
examination of the box and its contents by the election
commission or executive committee, as the case may be, any
candidate or his representative authorized in writing by him shall
have the right of full examination of said box and its contents upon
three (3) days' notice of his application therefor served upon the
opposing candidate or candidates. . . .


6
Section 911 does not refer to election-results documentation. Rather, it refers specifically to examination
of the box and its contents.

10

Miss. Code Ann. 23-15-911(1) (emphasis added). Accordingly, a 20-day time limitation in
923 does not require a losing candidate to file his complaint 2 days before the end of the
examination period as Petitioner contends. Even if it did, the statutory scheme contemplates
supplementation of evidence even after initiation of a 923 election challenge. See Waters v.
Gnemi, 907 So. 2d 307, 325 (Miss. 2005) (contemplating evidentiary supplement to original
petition).
Furthermore, the concern raised by Petitioner, i.e. that the filing deadline could expire
before the close of the ballot box review, was alive and well at the time of Kellum. In fact, when
Kellum was decided, 3146 now 599 contained no time limitation for transmission of the
results to the Secretary of State (which triggers the 12-day review). Nonetheless, Kellum
interpreted 3144 now 923 to contain a 20-day time limitation to initiate an election
challenge. Again, Petitioners argument was available for review by the Kellum Court, and the
Court was not persuaded. Accord McDaniel v. Beane, 515 So. 2d 949 (Miss. 1987).
Petitioners statutory conflict argument is a red herring that is based upon an obvious
misreading of 911. It is also grounded in interpretation of statutes available to the Kellum
Court. For all these reasons, it fails.
PETITIONERS CLAIM OF REASONABLE PROMPTNESS
At the close of Petitioners Response, he invites the Court to excuse his untimeliness and
hold that Petitioner acted with notable promptitude. Resp. at 14. Petitioner essentially
requests an A for effort. However, the only notable promptitude recognized or rewarded by
923 of the Election Code is compliance with the Kellum rule. Otherwise, the Petition must be
dismissed.

CONCLUSION
Petitioner's Response is grounded in immaterial, minor, statutory changes irrelevant to
the timing of an election challenge, and flawed statutory construction. Petitioner invites the
Court to ignore settled law requiring strict compliance with the Mississippi Election Code. The
Supreme Court's decision in Kellum v. Jo hnson, 115 So. 2d 147 (Miss. 1959) bars Petitioner's
contest of the Republican primary election for United States Senate. Accordingly, Respondent
Thad Cochran respectfully requests that this Court dismiss the Petition as untimely.
Respectfully submitted, this the 27th day of August, 2014.
OF COUNSEL:
BUTLER SNOW LLP
1020 Highland Colony Parkway, Suite 1400 (39157)
Post Office Box 6010
Ridgeland, Mississippi 39158-6010
Tel: 601-948-5711
Fax: 601-985-4500
THAD COCHRAN
HIS ATTORNEYS
11
Certificate of Service
I, Phil B. Abemethy, hereby certify that I have this day served a true and correct copy of
the above and foregoing document upon the following:
Mitchell H. Tyner, Sr.
5750 1-55 North
Jackson, MS 39211
SO CERTIFIED this the 27th day of August, 2014.
12
IN THE CIRCUIT COURT OF JONES COUNTY, MISSISSIPPI
SECOND JUDICIAL DISTRICT
CHRIS MCDANIEL PETITIONER
VS. CAUSE NO. 2014-76-CV08
THAD COCHRAN RESPONDENT
CERTIFICATION OF PUBLIC RECORDS AND REPORTS
STATE OF MISSISSIPPI
COUNTY OF HINDS
THIS DAY personally came and appeared before me the undersigned authority in
and for the aforesaid jurisdiction, the within named William A. Neely, Jr., having been
duly sworn on oath states that he has personal knowledge of the following matters:
I am a staff attorney for the Mississippi State Senate and have served in that
capacity since 1977. In 1986 I was assigned to the Senate Elections Committee and
drafted Senate Bill No. 2234 during the 1986 Regular Session. In my capacity as staff
attorney for the Mississippi State Senate, I prepared a portion of the submission on behalf
of the State of Mississippi to the United States Attorney General for pre-clearance of
Senate Bill No. 2234, 1986 Regular Session (Chapter 495, Laws of 1986), also known as
the Election Code of 1986, under Section 5 of the Voting Rights Act of 1965. Attached
to this Certification of Public Records and Reports is the Introductory Note, a comparison
of current election practice and the changes made in current law, a submission history,
and information required by 51 CFR 51.25(1), (m) and (o) regarding Senate Bill No.
2234, 1986 Regular Session (Chapter 495, Laws of 1986), Sections 190, 191, 279, 280,
Exhibit A
P a g e | 2
281, 283, which were later codified in Title 23, Chapter 15, Miss. Code of 1972 as
Sections 23-15-597, 23-15-599, 23-15-911, 23-15-921, 23-15-923, and 23-15-927. This
document was prepared by me and constitutes records, reports, and statements of public
offices or agencies of the State of Mississippi, setting forth the activities of the office or
agency of the State of Mississippi. Note that the information required by 51 CFR
51.25(1), (m) and (o) that I prepared for Section 281 contains a typographical error,
referring to Section 3143, Code of 1942, instead of Section 3144, Code of 1942.
Exhibit A is a duplicate of the Introductory Note, a comparison of current election
practice and the changes made in current law, a submission history, and information
required by 51 CFR 51.25(1), (m) and (o) regarding Senate Bill No. 2234, 1986 Regular
Session (Chapter 495, Laws of 1986), Sections 190, 191, 279, 280, 281, which were later
codified in Title 23, Chapter 15, Miss. Code of 1972 as Sections 23-15-597, 23-15-599,
23-15-911, 23-15-921, 23-15-923, and 23-15-927, regarding the submission by the State
of Mississippi to the United States Department of Justice under Section 5 of the Voting
Rights Act of 1965 of Senate Bill No. 2234, 1986 Regular Session, also known as the
Election Code of 1986, for preclearance.
Further Affiant Sayeth Not.
SWORN TO AND SUBSCRIBED before me on this the^dav of August, 2014.
My Commission expires:
'typsco^&''
INTRODUCTORY NOTE . .
' : ' . . . u v
. ' .
V
' " '
This booklet addresses four of the items required. by. j&l CFR
51. 25 . to be contained in submissions made pursuant' . to Section 55ofj:
the Voting Rights. Act of 1965, as aiiended. The iems ,addressed*Vift?
this booklet are 51 CFR 51. 25(b), (1), (m) and ;(oj;. . This booklet^.
' i i * , "
addresses these items by analyzing each section of S; B. . No. - 2. 234,
1986. Regular Session, and each section of current..^a*^, that isZnot
addressed in S.B. No. 2234, where applicable, in light of. the *
requirements, of 51 CFR 51. 25(b), (1)' , (m) and (o). A comparisons
of the procedure to qualify as a candidate contained in. present
law in also included. ,
:
. *> - ' . ,
' ' - ' ' ' '
In Part I, each section of S. 6. No. 2234*. is- followed by the
. - ' . " * ' , - '
section;of iaw containing the current election practice, if anyF-
:
" ' . _ ' ' * . ' - t '
:
X "
upon which the section is based. The section o^r" S;B* No. -. 223^ is
marked to show the changes made in the- current law. Underlining/
indicates language added and a check- mark indicates language^
deleted. By comparing the section of S. B. No*. 223 4 and the
current practice that follows it, the changes tb current law are.
easily identified. This comparison is believ ed to be-
" . . . explanatory materials adequate to disclose to the Attorney
General, the difference between the* prior attd;
r
.propo^^^mituatij6sn-
with respect to v oting. " (51 CFR:51. 25(b)). ::r -
In Parts I and II, immediately following the section of'
current law that is the prior practice, is a " submission
history," This submission history only follows those sections
that hav e been amended by legislativ e:, action subsequent to ' '
Nov ember 1, 1964. If any amendment after 1964 has been precleajred
(i)
I EXHIBIT 1
under fcHe prov isions of Section 5, only the last precleared
chapter law is listed unless it was later amended by legislativ e
action which was not precleared. If a section was amended and not
precleared subsequent to Nov ember . 1, 1964, or was amended and not.
precleared subsequent to ^prev iously precleared amendment, the *"
' ' ' ' -
; ;

amendment which was not precleared^ is
e
listed or is listed in
addition to the prev iously' precleared amendment. While a
submission history is not required, it is included because it is
useful i' n explaining the status of som of the currently effectiv e
l a w s . .
In Part I, the section of S. B. Np. 2234 and the section of
current law, if any, upon which the section of S. B. No. 2234 is
based, ' are, in most instances, followed by the items required by
51 CFR 51. 25(1), (m) and (o). In spmg instances, items (1), (m) "
and (o) are not placed after each se. ctio' n but a re placed after a
series, of sections. This is done in i$st*ar?ees in which an entire
chapter of current law is placed in S. B; No. 2234 with a few
relativ ely minor changes. Sections 118' through 143' , 144 through
156, 157 through 169, 235 and 236, and 215 through 228 do not hav e
items (1), (m) and (o) following each section but these items
follow each group of sections. . " " ...
Part II contains those sections of currently effectiv e law
which are not found or otherwise addressed in S. B. 2^34,
except that they hav e been repealed in S. B. No. 2234 along with
all other present election laws. In Part II the section of
current law not included in S. B. No. 2234 is followed by the
items required by 51 CFR 51. 25(1), (m) and (o). -
- (ii) .
Part III contains an outline comparison of procedures to-
qualify as a candidate under present law and S.B. No. 2234. This,
is included because the explanations in Parts I and XI following
each indiv idual section on qualifications of candidates may not
offer a comprehensiv e explanation of the changes made to these
procedures.
(iii)
3454. SECTION 190, The county executiv e committae shall meet on
3455. the first or second day after each primacy election, shall receiv e
3456. and canv ass She returns which must be made within the time fixed
3457. ' ay law for cecums sc general elections and declare she resuls,
34S3. and announce the name of the nominees for county and county
3459. district offices and legislativ e offices for districts containing
3460. one (1) county or less, and the names of those candidates to be
3461. submitted to the second primary. The v ote for state and state
3462. district offices and legislativ e offices for districts containing
3463. more than one county or part3 of more than one county 3hall be
3464. tabulated by precincts and certified to and returned, to the State
3465. Executiv e Committae, such returns to be mailed by registered
3466. letter or any safe mode of transmission within thirty-six {36)
3467. hours after the returns are canv assed and the result ascertained. ^
3468. The State Executiv e Committee^shall meet a week from the day
3469. following the first primary election held for state and state
3470. district offices and legislativ e offices for districts containing
3471. more than one councy or parts of more than one county, and shall
3472. proceed to canv ass the returns and to declare she result, and
3473. announce the names of those nominated for the different offices in
3474. the first primary and the names of those candidates whose names
3475. are to be submitted to the second primary election. The State
3476. Executiv e Committee shall also meet a week from the day on which
3477. the second primary election was held and receiv e and canv ass the
3478. returns for state and district offices, if any, and legislativ e
3479. offices for districts containing more than one county or parts of
3480. more than one county, if any, v oted on in such second primary. An
3431. exact and full duplicate of all tabulations by precincts as
3482. certified under this section shall be filed with the circuit clerk
3433. of the county who shall safely preserv e the same in his office.
418
3142. Executive committee to meet and canvass returns.
The county executive committee shall meet on the first or
second day after each primary election; shall receive and canvass
the returns, which must be made within the time fixed by law for
returns of general elections, and declare the result, announce the
name of the nominees for county and county district offices, and
the names of those candidates to be submitted to the second
primary. The-vote for state and state district, offices shall be
tabulated by precincts and certified to and returned to the state
executive committee, such returns to be mailed by registered letter
or any safe mode of transmission within thirty-six hours after the
returns are canvassed and the result ascertained; and likewise to
the senatorial and flotorial executive committees those returns
relating to those offices. The state and said district executive
committees shall meet a week from the day following the first
* primary election held for state and state district offices, and shall
proceed to canvass the returns, and to declare the result, and
announce the names of those nominated for the different offices in
tiie first primary, and the names of those candidates whose names
are to be submitted to the second primary election. State and said
district executive committees shall also meet a week from the day
on which the second primary election was held and receive and
canvass the returns for state and district offices, if any, voted on in
such second primary. An exact and full duplicate of all tabulations
by precincts as certified under this section shall be filed with the
circuit clerk of the county who shall safely preserve the same in his
office.
SOURCES: Codes, 1906, 3705; Hemingway's 1917, 6397; 1930, 5895.
Submi s s i on Hi s t or y
-(a) Re pe al e d by Chapt e r 506, L aws of 1970.
Chapt e r 506 was r e je c t e d by t he U.S.A.G.
on 4/ 26/ 74.
-(b) Re pe al e d by Chapt e r 45" 2, L aws of 1979.
Chapt e r 452 was r e je c t e d by t he U.S.A.G.
on 6/ 11/ 79. Chapt e r 452 was r e pe al e d by
Se c t i on 7 of Chapt e r 477, L aws of 1982.
Chapt e r 477, L aws of 1982, was r e je c t e d by
t he U.S.A.G.
Section 190.
(1) This section is based upon Section 3142, Mississippi
Code of 1942. This section is not changed to apply to other
elections because the procedures are incompatible.
The changes on Lines 3459, 3460, 3462, 3463, 3470, 3471,
3479 and 3480 are not substantiv e and reflect current practices.
The changes are made to clarify the procedure.
The change on Line 3468 deletes references to senatorial and
flotorial executiv e committees since they no longer exist and
their function is carried out by the state executiv e committee.
The remaining changes are insignificant.
(m) These changes will hav e no effect on racial or language
minority groups.
(o) The prior practice is contained in Section 3142,
Mississippi Code of 1942. Section 3142 is not subject to
preclearance because it was enacted prior to Nov ember 1, 1964.
420
v
3484. SECTION 191. The Chairman of the state Sxecutiv e Committea
3485. shall transmit to the Secretary of State a tabulated statement of
3486. the party v ote cast in each county in each state and state
3487. district election, and each legislativ e election for districts
3488. consisting of more than one county or garts of more than one
3489. county, which statement shall be filed by the Secretary of State
3490. and preserv ed among the records of his office.
3146. Tabulated vote to be furnished to secretary of state.
The chairmen of the state, senatorial and Pictorial executive
committees respectively, shall transmit to the secretary of state a
"tabulated statement of the party vote cast in each county in each
state and district election, which statement shall be filed by the
secretary of state and preserved among the records of his office.
SOURCES! Codes, 1906, 3724; Hemingway's 1917, 6415; 1930, 5899.
Submi s s i on Hi s t or y
-(a) Re pe al e d by Chapt e r 506, L aws of 1970.
Chapt e r 506 was r e je c t e d by t he U.S.A.G.
on 4/ 26/ 74.
-(b) Re pe al e d by Chapt e r 452, L aws of 1979.
Chapt e r 452 was r e je c t e d by t he U.S.A.G.
on 6/ 11/ 79. Chapt e r 452 was r e pe al e d hy
Se c t i on 7 of Chapt e r 477, L aws of 1982.
Chapt e r 477, L aws of L 982s was r e je c t e d by
t he U.S.A.G.
421
Section 191.
(1) This section is based upon Section 3146, Mississippi
Code of 1942. This section applies only to primary elections and
is not made applicable to other elections because the procedures
are incompatible. The changes indicated reflect current primary
election practice. References to senatorial and flotorial
executiv e committees are deleted on Line 3484. The rest of the
changes clarify present procedures.
(m) These changes will hav e no effect on racial or language
minority groups.
<o) The prior practice is contained in Section 3146
f
Mississippi Code of 1942. Section 3146 is not subject to
preclearance because it was enacted prior to Nov ember 1, 1964.
f < 422
5441. XIV. ELECTION CONTESTS
3442. A. General Prov isions
5443. SECTION 279. When the returns Cor a box and the contents off
5444. the ballot box and the conduct off the election t hereat hav e been
S443. canv assed and rev iewed by the county election commission in the
5446. case of general elections or the county executiv e commie tee in the
" ~ v
5447. case of primary elections, all the contents off the box required
r
to
5448. be placed and sealed in the ballot box by the managers shall be
3449. replaced therein by the election commission or executiv e
5450. committee, as the case may be, and the box shall be forthwith
5451. resealed and deliv ered to the circuit clerk, who shall safely keep
5432. and secure the same against any tampering therewith. At any time
5453. within twelv e (12) days after the canv ass and examination of the
5454. box and its contents by the executiv e committee, any candidate or
5435. his representativ e authorized in writing by him shall hav e the
5456. right of full examination of said box and its contents upon three
5457. (3) days' notice of his application therefor serv ed upon the
5458. opposing candidate or candidates, or upon any member of their
34S9. family ov er the age of eighteen (13) years, which examination
5460. shall be conducted in the presence of the circuit clerk or his
5461. deputy who shall be charged with the duty to see that none of the
5462. contents of the box are remov ed from the presence of the clerk or
5463. in any way tampered with. U&on the completion of said examination
5464. the box shall be resealed with all its contents as theretofore.
5465. And if any contest or complaint before the court shall arise ov er
5466. said box, it shall be kept intact and sealed until the court
5467. hearing and another . ballot box, if necessary, shall be furnished
5468. for the precinct inv olv ed.
831
23-3-23. Custody of boxesexamination.
When the ret urns for a box and the contents of the box and the
conduct of the election thereat have been canvassed and reviewed
by the county executive committee, all the contents of the box
required by the foregoing sections to be placed and s ealed therein
by the managers shall be replaced therein by the executive com-
mittee and the box shall be forthwith reseaied and delivered to the
circuit clerk, who shall safely keep and secure the same against any
tampering therewith. At any time within twelve days after the
canvass and examination of the box and its contents by the
executive committee, any candidate or his representative autho-
rized in writing by him, shall have the right of full examination of
said box and its contents upon three days' notice of his application
therefor served upon the opposing candidate or candidates, or
upon any member of their family over the age of eighteen years,
which examinauon shall be conducted in the presence of the
circuit clerk or his deputy who shall be charged with the duty to
see that none of the contents of the box are removed from the
presence of the clerk or in any way tampered with. Upon the
completion of said examination the box shall be reseaied with all
its contents as theretofore. And if any contest or complaint before
the court shall arise over said box, it shall be kept intact and
sealed until the court hearing and another ballot box, if necessary,
shall be furnished for the precinct involved.
SOURCES: Codes, 1942, $3169; Laws, 1935, cfa. 19.
Section 279.
(1) This section is based upon Section 23-3-23, Mississippi
Code of 1972. Under present law this section applies only to
primary elections. The changes indicated apply this section to
general elections as well. Under present law there is no
procedure detailed for the preserv ation of election records or for
allowing a candidate to examine the ballot boxes.
(m) This change will hav e no effect on racial or language
minority groups.
(o) The prior practice is based upon Section 23-3-23,
Mississippi Code of 1972. Section 23-3-23 is not subject to
preclearance because it was enacted prior to Nov ember 1, 1964.
633
5459, 3. Contests of Primary 21ections
5470. SECtlOM 280. A person desiring to contest the election of
5471. another person returned as the nominee of the party to any county
5472. or county district office, or as the nominee of a legislativ e '
3473. district composed of one county or less, may, within tweney (20)
5474. days after the primary election, file a petition with the
5475. secretary, or any member ofi the county executiv e committee in the
S47S. county in which fraud is alleged eo hav e been perpetrated, setting
5477. forth the grounds upon which the primary ele ction is contested;
5473. and it shall be the duty of the executiv e committee to assemble by
5479. call of the chairman or three (3) members of said committee,
3480. notice of which contest shall be serv ed fiv e (5) days before said
5481. meeting, and after notifying all parties concerned proceed to
5482. inv estigate the allegations of Sraud, and, by majority v ote of
5483. members present, declare the true results of such primary.
3143. How primary ejection may be contested on charge of
fraud.
A person desiring to contest the election of another person
returned as the nominee of the party to any county or beat office,
may, within twenty days after the primary election, file a petition
with the secretary, or any member of the county executive commit-
tee in the county in uhich fraud is alleged to have been perpe-
trated, selling forth the grounds upon which the primary election
is contested; and it sha ll be the duty of the executive committee to
assemble by call of the chairman or three members of said
committee, notice of which contest shall be served five days before
said meeting, and after notifying all parties concerned, proceed to
investigate the allegations of fraud, and, by majority vote of
members present, declare the true results of such primary.
SOURCES:Codes, Hemingway' s 1917, 6425; 1930, 5 5S96; Laws, H> 03. ch.
136. '
Submi s s i on Hi s t or y
-l a; Re pe al e d, oy c hapt e r 506, L aws of 1970.
Chapt e r 506 was r e je c t e d f ay t he U.S.A.G.
on 4/ 26/ 74.
-(b) Re pe al e d by Chapt e r 452, L aws of 1979.
Chapt e r 452 was r e je c t e d by t he U.S.A.G.
on 6/ 11/ 79. Chapt e r 452 was r e pe al e d by
Se c t i on 7 of Chapt e r 477, L aws of 1982.
Chapt e r 477, L aws of 1982, was r e je c t e d by
U S . A G*
634
Section 280.
(1) This section is based upon Section 3143, Mississippi
Code of 1942, The changes indicated reflect current practices and
are made for clarification only.
(m) These changes will hav e no effect on racial or language
minority groups.
(o) The prior practice is contained in Section 3143,
Mississippi Code of 1942. Section 3143 is not subject to
preclearance because it was enacted prior to Nov ember 1, 1954.
635
5484. SECTION 281. In state, congressional and judicial districts,
5485. and in legislativ e districts conposed of more than one county or
5486. parts of more than one county, upon complaint filed with the
5487. Chairman of the State Executiv e Committee, by petition, reciting
5488. the allegations of fraud, and with the adv ice of four (4} members
5489. of said committee, the chairman shall issue his fiat to the
5490. chairman of the county executiv e committee where fraud is alleged
5491. to hav e been committed, and in like manner as in county office,
5492. the county committee shall inv estigate the complaint' and return
5493. their findings to the chairman of the state committee, which shall
5494. declare the candidate nominated whom the corrected returns show is
3495. entitled to the same.^
3144. Chairman of state executive committee to issue his
fiat to county chairman reciting charges.
In state, congressional and judicial districts, upon complaint
filed with the chairman of the state executive committee, by
petition, reciting the allejntions of fraud, and with the advice of
four members of said coi .nittee, the chairman shall issue his fiat
to the chairman of the county executive committee, where fraud is
alleged to have been committed, and in like manner as in county
office, the county committee shall 'nvestigate the complaint and
return their findings to the chair--u.;i of the state committee, which
shall declare the candidate nominated, whom the corrected returns
show is entitled to the same. And the same procedure shall apply
to senatorial and flotorial contests in and by their respective
executive committees.
SOURCES: Codes, Hemingway's 1917, 6426; 1930, 5397; Laws, I90S, ch.
136. '
Submission History
-(a) Re pe al e d by Chapt e r 506, L aws of 1970.
Chapt e r 506 was r e je c t e d by t he U.S.A.G.
on 4/ 26/ 74.
-(b) Re pe al e d by Chapt e r 452, L aws of 1979.
Chapt e r 452 was r e je c t e d by t he U.S.A.G.
on 6/ 11/79. Chapt e r 452 was r e pe al e d by
Se c t i on 7 of Chapt e r 477, L aws of 1982.
Chapt e r 477, L aws of 1982, was r e je c t e d by
t he U.S.A.G.
? 636
Section 281.
(1) This section is based upon Section 3143, Mississippi
Code of 1942. The changes indicated on Lines 5485 and 5486
reflect current practices and are made for clarification only.
The change indicated on Line 5495 remov es language regarding
senatorial and flotorial executiv e committees. These committees do
not exist and their former duties are performed by the state
executiv e committee. (See Section 23-1-1. )
(m) These changes will hav e no effect on racial or language
minority groups.
(o) The prior practice is contained in Section 3143,
Mississippi Code of 1942. Section 3143 is not subject to
preclearance because it was enacted prior to Nov ember 1, 1964.
637
5499. SECTION 233. mien and after any contest has been filed with
5500. the county executiv e commit tea, or complaint with the State
5501. Executiv e Committee, and the said executiv e committee hav ing
5502. jurisdiction shall fail to promptly meet or hav ing met shall fail
5503. ot unreasonably delay to Sully act upon the contest or complaint,
5504. or shall fail to giv e with reasonable promptness the full relief
5505. required by the facts and the law, the contestant shall hav e the
5506. right forthwith to file in the circuit court of the county wherein
5507. the irregularities are charged to hav e occurred, or if store than
5508. one county to be inv olv ed then in one (1) of said counties, a
5509. sworn copy of his said protest or complaint, together with a sworn
5510. petition, setting forth with particularity wherein the executiv e
5511. committee has wrongfully failed to a ct or to fully and promptly
5512. inv estigate or has wrongfully denied the relief prayed by said
5513. contest, with a prayer for a judicial rev iew thereof. But such
5514. petition for a judicial rev iew shall not be filed unless it bear
5515. the certificate of two (2) practicing attorneys that they and aach
551S. of them hav e fully made an independent inv estigation into the
5517. matters of fact and of law upon which the protest and petition are
5518. based and that after such inv estigation they v erily believ e that
5519. the 3aid protest and petition should be sustained and that the
5520. relief therein prayed should be granted, and the petitioner shall
5521. giv e a cost bond in the sum of Three Hundred Dollars ($300.00),
5522. with two (2) or more sufficient sureties conditioned to pay all
5523. costs in case his petition be disaiased, and an additional bond
5524. may be required, by the judge or chancellor, if necessary, at any
5525. subsequent stage of the proceedings. The filing of such petition
5526. for judicial rev iew in the manner set forth abov e shall
5527. automatically supersede and suspend the operation and effect of
5528. the order, ruling or judgment of the executiv e committee appealed
5529. from.
640
23-3-45. Judicial review of election contest or complaint
petition.
When and after any contest has been filed with the county
executive committee, or complaint with the state executive com-
mittee, and the said executive committee having jurisdiction shall
fail to promptly meet or having met shall fail or unreasonably
delay to fully act upon the contest or complaint, 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 t he irregularities are
charged to have occurred, or if more than one county to be
involved then in one of said counties, a sworn copy of his said
protest or complaint, together with a sworn petition, setting forth
with particu larity wherein the executive committee has wrongfully
failed to act or to fully and promptly inve stigate or has wrongfully
denied the relief prayed by said contest, with a prayer for a
judicial review thereof. But such petition for a judicial review shall
not be filed unless it bear the certificate of two practicing attor-
neys that they and each of them have fully made an independent
investigation into the matters of fact and of law upon which the
protest and petition are based and that after such investigation
they verily believe that the said protest and petition should be
sustained and that the relief therein prayed should be granted, and
the petitioner shall give a cost bond in the sum of three hundred
dollars, with two or more sufficient sur eties conditioned to pay all
costs in case his petition be dismissed, and an additional bond
may be required, by the judge or chancellor, if necessary, at any
subsequent stage of the proceedings. The filing of such petition
for judicial review in the manner set forth above shall automati-
cally supersede and suspend the operation and effect of the order,
ruling, or judgment of the executive committee appealed from.
SOURCES: Codes, 1942, 3182; Laws, 1935, cfa. 19; 1968, ch. S67, 1, eff
from and after passage (approved August 6, 1968).
Submission History
-Amended by Chapter 567, Laws of 1968.
Chapter 567 was approved by the
United States Attorney General on
5/ 27/ 86.
Section 283.
(1) This section is based upon Section 23-3-45, Mississippi
Code of 1972. There is no change.
(m) Not applicable.
(o) The prior practice is contained in Section 23-3-45,
Mississippi Code of 1972. Section 23-3-45 was precleared on May
27, 1986.
642

Exhibit B
COMPARISON - 3169, 279 AND 23-15-911
3169 (1942)
3169 Custody of boxes examination. When the returns for a box and the contents of the
box and the conduct of the election thereat have been canvassed and reviewed by the county
executive committee, all the contents of the box required by the foregoing sections to be placed
and sealed therein by the managers shall be replaced therein by the executive committee and the
box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep and
secure the same against any tampering therewith. At any time within twelve days after the
canvass and examination of the box and its contents by the executive committee, any candidate
or his representative authorized in writing by him, shall have the right of full examination of said
box and its contents upon three days notice of his application therefor served upon the opposing
candidate or candidates, or upon any member of their family over the age of eighteen years,
which examination shall be conducted in the presence of the circuit clerk or his deputy who shall
be charged with the duty to see that none of the contents of the box are removed from the
presence of the clerk or in any way tampered with; upon the completion of which examination
the box shall be resealed with all its contents as theretofore. And if any contest or complaint
before the court shall arise over said box, it shall be kept intact and sealed until the court hearing
and another ballot box, if necessary, shall be furnished for the precinct involved.
3169279 (19421986)

3169 Custody of boxes examination. When the returns for a box and the contents of the
ballot box and the conduct of the election thereat have been canvassed and reviewed by the
county election commission in the case of general elections or the county executive committee in
the case of primary elections, all the contents of the box required by the foregoing sections to be
placed and sealed thereinin the ballot box by the managers shall be replaced therein by the
election commission or executive committee, as the case may be, and the box shall be forthwith
resealed and delivered to the circuit clerk, who shall safely keep and secure the same against any
tampering therewith. At any time within twelve (12) days after the canvass and examination of
the box and its contents by the executive committee, any candidate or his representative
authorized in writing by him, shall have the right of full examination of said box and its contents
upon three (3) days notice of his application therefor served upon the opposing candidate or
candidates, or upon any member of their family over the age of eighteen (18) years, which
examination shall be conducted in the presence of the circuit clerk or his deputy who shall be
charged with the duty to see that none of the contents of the box are removed from the presence
of the clerk or in any way tampered with; upon. Upon the completion of whichsaid examination
the box shall be resealed with all its contents as theretofore. And if any contest or complaint
before the court shall arise over said box, it shall be kept intact and sealed until the court hearing
and another ballot box, if necessary, shall be furnished for the precinct involved.




3169279 (1942198623-15-911 (Current)

3169 Custody of boxes examination. 23-15-911. Control of ballot boxes and their
contents after general or primary elections; examinations by candidates or their representatives


(1) When the returns for a box and the contents of the ballot box and the conduct of the election
thereat have been canvassed and reviewed by the county election commission in the case of
general elections or the county executive committee in the case of primary elections, all the
contents of the box required by the foregoing sections to be placed and sealed thereininin the
ballot box by the managers shall be replaced therein by the election commission or executive
committee, as the case may be, and the box shall be forthwith resealed and delivered to the
circuit clerk, who shall safely keep and secure the same against any tampering therewith. At any
time within twelve (12) days after the canvass and examination of the box and its contents by the
election commission or executive committee, as the case may be, any candidate or his
representative authorized in writing by him, shall have the right of full examination of said box
and its contents upon three (3) days' notice of his application therefor served upon the opposing
candidate or candidates, or upon any member of their family over the age of eighteen (18) years,
which examination shall be conducted in the presence of the circuit clerk or his deputy who shall
be charged with the duty to see that none of the contents of the box are removed from the
presence of the clerk or in any way tampered with; upon. Upon the completion of whichsaidsaid
examination the box shall be resealed with all its contents as theretofore. And if any contest or
complaint before the court shall arise over said box, it shall be kept intact and sealed until the
court hearing and another ballot box, if necessary, shall be furnished for the precinct involved.

(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case
of an election contest regarding the seat of a member of the State Legislature. In such a case, the
results of the examination shall be reported by the applicable circuit clerk to the Clerk of the
House of Representatives or the Secretary of the Senate, as the case may be.

23-15-911 (Current)
23-15-911. Control of ballot boxes and their contents after general or primary elections;
examinations by candidates or their representatives

(1) When the returns for a box and the contents of the ballot box and the conduct of the election
thereat have been canvassed and reviewed by the county election commission in the case of
general elections or the county executive committee in the case of primary elections, all the
contents of the box required to be placed and sealed in the ballot box by the managers shall be
replaced therein by the election commission or executive committee, as the case may be, and the
box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep and
secure the same against any tampering therewith. At any time within twelve (12) days after the
canvass and examination of the box and its contents by the election commission or executive
committee, as the case may be, any candidate or his representative authorized in writing by him
shall have the right of full examination of said box and its contents upon three (3) days' notice of


his application therefor served upon the opposing candidate or candidates, or upon any member
of their family over the age of eighteen (18) years, which examination shall be conducted in the
presence of the circuit clerk or his deputy who shall be charged with the duty to see that none of
the contents of the box are removed from the presence of the clerk or in any way tampered with.
Upon the completion of said examination the box shall be resealed with all its contents as
theretofore. And if any contest or complaint before the court shall arise over said box, it shall be
kept intact and sealed until the court hearing and another ballot box, if necessary, shall be
furnished for the precinct involved.

(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case
of an election contest regarding the seat of a member of the State Legislature. In such a case, the
results of the examination shall be reported by the applicable circuit clerk to the Clerk of the
House of Representatives or the Secretary of the Senate, as the case may be.

HISTORY: SOURCES: Derived from 1972 Code 23-3-23 [Codes, 1942, 3169; Laws, 1935,
ch. 19; repealed by Laws, 1986, ch. 495, 333]; en, Laws, 1986, ch. 495, 279; Laws, 1987, ch.
499, 10; Laws, 2000, ch. 450, 4, eff from and after August 7, 2000 (the date the United States
Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to
the amendment of this section).



COMPARISON OF 3143, 280 AND 21-15-921
3143 (1942)

Section 3143, supra, is as follows: "A person desiring to contest the election of another person
returned as the nominee of the party to any county or beat office, may, within twenty days after
the primary election, file a petition with the secretary, or any member of the county executive
committee in the county in which fraud is alleged to have been perpetrated, setting forth the
grounds upon which the primary election is contested; and it shall be the duty of the executive
committee to assemble by call of the chairman or three members of said committee, notice of
which contest shall be served five days before said meeting, and after notifying all parties
concerned, proceed to investigate the allegations of fraud, and, by majority vote of members
present, declare the true results of such primary."

3143280 (19421986)

Section 3143, supra, is as follows: "A person desiring to contest the election of another person
returned as thethen nominee of the party to any county or beat officecounty district office, or as
the nominee of a legislative district composed of one county or less, may, within twenty (20)
days after the primary election, file a petition with the secretary, or any member of the county
executive committee in the county in which fraud is alleged to have been perpetrated, setting
forth the grounds upon which the primary election is contested; and it shall be the duty of the
executive committee to assemble by call of the chairman or three (3) members of said
committee, notice of which contest shall be served five (5) days before said meeting, and after
notifying all parties concerned, proceed to investigate the allegations of fraud, and, by majority
vote of members present, declare the true results of such primary."

3143280 (1942198623-15-921 (Current)

Except as otherwise provided by Section 3143, supra, is as follows: "A23-15-961, a person
desiring to contest the election of another person returned as thethenthe nominee of the party to
any county or beat officecountycounty district office, or as the nominee of a legislative district
composed of one (1) county or less, may, within twenty (20) days after the primary election, file
a petition with the secretary, or any member of the county executive committee in the county in
which fraud is alleged to have been perpetratedthe election was held, setting forth the grounds
upon which the primary election is contested; and it shall be the duty of the executive committee
to assemble by call of the chairman or three (3) members of said committee, notice of which
contest shall be served five (5) days before said meeting, and after notifying all parties
concerned, proceed to investigate the allegations of fraud,grounds upon which the election is
contested and, by majority vote of members present, declare the true results of such primary."




23-15-921 (Current)

Except as otherwise provided by Section 23-15-961, a person desiring to contest the election of
another person returned as the nominee of the party to any county or county district office, or as
the nominee of a legislative district composed of one (1) county or less, may, within twenty (20)
days after the primary election, file a petition with the secretary, or any member of the county
executive committee in the county in which the election was held, setting forth the grounds upon
which the primary election is contested; and it shall be the duty of the executive committee to
assemble by call of the chairman or three (3) members of said committee, notice of which
contest shall be served five (5) days before said meeting, and after notifying all parties concerned
proceed to investigate the grounds upon which the election is contested and, by majority vote of
members present, declare the true results of such primary.

HISTORY: SOURCES: Derived from 1972 Code 3143 [Codes, Hemingway's 1917, 6425;
1930, 5896; Laws, 1908, ch. 136; repealed by Laws, 1986, ch. 495, 346]; en, Laws, 1986, ch.
495, 280; Laws, 1988, ch. 577, 3, eff from and after December 9, 1988 (the date the United
States Attorney General interposed no objection to the amendment).



COMPARISON OF 3144, 281 AND 23-15-923
3144 (1942)

"In state, congressional and judicial districts, upon complaint filed with the chairman of the state
executive committee by petition, reciting the allegations of fraud, and with the advice of four
members of said committee, the chairman shall issue his fiat to the chairman of the county
executive committee, where fraud is alleged to have been committed, and in like manner as in
county office, the county committee shall investigate the complaint and return their findings to
the chairman of the state committee, which shall declare the candidate nominated, whom the
corrected returns show is entitled to the same. And the same procedure shall apply to senatorial
and flotorial contests in and by their respective executive committees."


3144281 (19421986)

"In state, congressional and judicial districts, and in legislative districts composed of more than
one county or parts of more than one county, upon complaint filed with the chairmanChairman
of the state executive committeeState Executive Committee, by petition, reciting the allegations
of fraud, and with the advice of four (4) members of said committee, the chairman shall issue his
fiat to the chairman of the county executive committee, where fraud is alleged to have been
committed, and in like manner as in the county office, the county committee shall investigate the
complaint and return their findings to the chairman of the state committee, which shall declare
the candidate nominated, whom the corrected returns show is entitled to the same. And the same
procedure shall apply to senatorial and flotorial contests in and by their respective executive
committees."

3144281 (1942198623-15-923 (Current)

"InExcept as otherwise provided in Section 23-15-961, a person desiring to contest the election
of another returned as the nominee in state, congressional and judicial districts, and in legislative
districts composed of more than one (1) county or parts of more than one (1) county, upon
complaint filed with the chairmanChairmanChairman of the state executive committeeStateState
Executive Committee, by petition, reciting the allegations of fraud,grounds upon which the
election is contested. If necessary and with the advice of four (4) members of said committee, the
chairman shall issue his fiat to the chairman of the appropriate county executive committee,
where fraud is alleged to have been committed, and in like manner as in the county office, the
county committee shall investigate the complaint and return their findings to the chairman of the
state committee, which. The State Executive Committee by majority vote of members present
shall declare the candidate nominated, whom the corrected returns show is entitled to the same.
And the same procedure shall apply to senatorial and flotorial contests in and by their respective
executive committees." true results of such primary.




23-15-923 (Current)

Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of
another returned as the nominee in state, congressional and judicial districts, and in legislative
districts composed of more than one (1) county or parts of more than one (1) county, upon
complaint filed with the Chairman of the State Executive Committee, by petition, reciting the
grounds upon which the election is contested. If necessary and with the advice of four (4)
members of said committee, the chairman shall issue his fiat to the chairman of the appropriate
county executive committee, and in like manner as in the county office, the county committee
shall investigate the complaint and return their findings to the chairman of the state committee.
The State Executive Committee by majority vote of members present shall declare the true
results of such primary.

HISTORY: SOURCES: Derived from 1942 Code 3144 [Codes, Hemingway's 1917, 6426;
1930, 5897; Laws, 1908, ch. 136; repealed by Laws, ch. 495, 346]; en, Laws, 1986, ch. 495,
281; Laws, 1988, ch. 577, 4, eff from and after December 9, 1988 (the date the United States
Attorney General interposed no objection to the amendment).




COMPARISON OF 3182, 283 AND 23-15-927
3182 (1942)

3182. Judicial review petition. When and after any contest has been filed with the county
executive committee, or complaint with the State executive committee, and the said executive
committee having jurisdiction shall fail to promptly meet or having met shall fail or
unreasonably delay to fully act upon the contest or complaint, or shall fail to give the 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, or if more than one county to be involved then in one of said counties, a sworn copy of
his said protest or complaint, together with a sworn petition, setting forth with particularity
wherein the executive committee has wrongfully failed to act or to fully and promptly investigate
or has wrongfully denied the relief prayed by said contest, with a prayer for a judicial review
thereof. But such petition for a judicial review shall not be filed unless it bear the certificate of
two practicing attorneys that they and each of them have fully made an independent investigation
in to the matters of fact and of law upon which the protest and petition are based and that after
such investigation they verily believe that the said protest and petition should be sustained that
the relief therein prayed should be granted, and the petitioner shall give a cost bond in the sum of
three hundred dollars, with two or more sufficient sureties conditioned to pay all costs in case his
petition be dismissed, and an additional bond may be required, by the judge or chancellor, if
necessary, at any subsequent stage of the proceedings.

3182283 (19421986)

3182. Judicial review petition. When and after any contest has been filed with the county
executive committee, or complaint with the State executive committeeExecutive Committee, and
the said executive committee having jurisdiction shall fail to promptly meet or having met shall
fail or unreasonably delay to fully act upon the contest or complaint, or shall fail to give thewith
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
chargedcharges to have occurred, or if more than one county to be involved then in one (1) of
said counties, a sworn copy of his said protest or complaint, together with a sworn petition,
setting forth with particularity wherein the executive committee has wrongfully failed to act or to
fully and promptly investigate or has wrongfully denied the relief prayed by said contest, with a
prayer for a judicial review thereof. But such petition for a judicial review shall not be filed
unless it bear the certificate of two (2) practicing attorneys that they and each of them have fully
made an independent investigation in tointo the matters of fact and of law upon which the protest
and petition are based and that after such investigation they verily believe that the said protest
and petition should be sustained and that the relief therein prayed should be granted, and the
petitioner shall give a cost bond in the sum of three hundred dollarsThree Hundred Dollars
($300.00), with two (2) or more sufficient sureties conditioned to pay all costs in case his petition
be dismissed, and an additional bond may be required, by the judge or chancellor, if necessary, at
any subsequent stage of the proceedings. The filing of such petition for judicial review in the
manner set forth above shall automatically supersede and suspend the operation and effect of the
order, ruling or judgment of the executive committee appealed from.


3182283 (1942198623-15-927 (Current)

3182. Judicial review petition. When and after any contest has been filed with the county
executive committee, or complaint with the State executive committeeExecutiveExecutive
Committee, and the said executive committee having jurisdiction shall failfails to promptly meet
or, having met shall fail, fails or unreasonably delaydelays to fully act upon the contest or
complaint, or shall failfails to give thewithwith 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 whereinin which the irregularities are chargedchargescharged to have occurred, or, if
more than one (1) county to beis involved, then in one (1) of saidthe counties, a sworn copy of
his said protest or complaint, together with a sworn petition, setting forth with particularity
whereinhow the executive committee has wrongfully failed to act or to fully and promptly
investigate or has wrongfully denied the relief prayed by saidthe contest, with a prayer for a
judicial review thereof. But suchA petition for judicial review must be filed within ten (10) days
after any contest or complaint has been filed with an executive committee. The petition for a
judicial review shall not be filed unless it bearbears the certificate of two (2) practicing attorneys
stating that they andhave each of them have fully made an independent investigation in tointointo
the matters of fact and of law upon which the protest and petition are based, and that after
suchthe investigation they verily believe that the said protest and petition should be sustained and
that the relief therein prayed in the protest and petitions should be granted, and the; the two (2)
attorneys may not be practicing in the same law firm. The petitioner shall give a cost bond in the
sum of three hundred dollarsThreeThree Hundred Dollars ($ 300.00), with two (2) or more
sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional
bond may be required, by the judge or chancellor, if necessary, at any subsequent stage of the
proceedings. The filing of suchthe petition for judicial review in the manner set forth abovein
this section shall automatically supersede and suspend the operation and effect of the order,
ruling or judgment of the executive committee appealed from. In no event shall a prayer for
relief be filed in any court other than the appropriate circuit court as authorized in this section.

23-15-927 (Current)

When and after any contest has been filed with the county executive committee, or complaint
with the State Executive Committee, and the executive committee having jurisdiction fails to
promptly meet or, having met, fails or unreasonably delays to fully act upon the contest or
complaint or fails 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 in which
the irregularities are charged to have occurred, or, if more than one (1) county is involved, then
in one (1) of the counties, a sworn copy of his protest or complaint, together with a sworn
petition, setting forth with particularity how the executive committee has wrongfully failed to act
or to fully and promptly investigate or has wrongfully denied the relief prayed by the contest,
with a prayer for a judicial review thereof. A petition for judicial review must be filed within ten
(10) days after any contest or complaint has been filed with an executive committee. The petition
for a judicial review shall not be filed unless it bears the certificate of two (2) practicing
attorneys stating that they have each fully made an independent investigation into the matters of
fact and of law upon which the protest and petition are based, and that after the investigation they
believe that the protest and petition should be sustained and that the relief prayed in the protest


and petitions should be granted; the two (2) attorneys may not be practicing in the same law firm.
The petitioner shall give a cost bond in the sum of Three Hundred Dollars ($ 300.00), with two
(2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and
an additional bond may be required, by the judge, if necessary, at any subsequent stage of the
proceedings. The filing of the petition for judicial review in the manner set forth in this section
shall automatically supersede and suspend the operation and effect of the order, ruling or
judgment of the executive committee appealed from. In no event shall a prayer for relief be filed
in any court other than the appropriate circuit court as authorized in this section.

HISTORY: SOURCES: Derived from 1972 Code 23-3-45 [Codes, 1942, 3182; Laws, 1935,
ch. 19; Laws, 1968, ch. 567, 1; repealed by Laws, 1986, ch. 495, 333]; en, Laws, 1986, ch.
495, 283; Laws, 2012, ch. 476, 1, eff September 17, 2012 (the date the United States
Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to
the amendment of this section.)



COMPARISON OF 3142, 190 AND 23-15-597
3142 (1942)
3142. Executive committee to meet and canvass returns. The county executive committee
shall meet on the first or second day after each primary election; shall receive and canvass the
returns, which must be made within the time fixed by law for returns of general elections, and
declare the result, announce the name of the nominees for county and county district offices, and
the names of those candidates to be submitted to the second primary. The vote for state and state
district offices shall be tabulated by precincts and certified to and returned to the state executive
committee, such returns to be mailed by registered letter or any safe mode of transmission within
thirty-six hours after the returns are canvassed and the result ascertained; and likewise to the
senatorial and flotorial executive committees those returns relating to those offices. The state and
said district executive committees shall meet a week form the day following the first primary
election held for state and state district offices, and shall proceed to canvass the returns, and to
declare the result, and announce the names of those nominated for the different offices n the first
primary, and the names of those candidates whose names are to be submitted to the second
primary election. State and said district executive committees shall also meet a week form the
day on which the second primary election was held and receive and canvass the returns for state
and district offices, if any, voted on in such second primary. An exact and full duplicate of all
tabulations by precincts as certified under this section shall be filed with the circuit clerk of the
county who shall safely preserve the same in his office.
3142190 (19421986)
3142. Executive committee to meet and canvass returns. The county executive committee
shall meet on the first or second day after each primary election; shall receive and canvass the
returns, which must be made within the time fixed by law for returns of general elections, and
declare the result, and announce the name of the nominees for county and county district offices,
and legislative offices for districts containing one (1) county or less, and the names of those
candidates to be submitted to the second primary. The vote for state and state district offices and
legislative offices for districts containing more than one county or parts of more than one county
shall be tabulated by precincts and certified to and returned to the state executive committee,
such returns to be mailed by registered letter or any safe mode of transmission within thirty-six
(36) hours after the returns are canvassed and the result ascertained; and likewise to the
senatorial and flotorial executive committees those returns relating to those offices. The state and
said district executive committees. The State Executive Committee shall meet a week formfrom
the day following the first primary election held for state and state district offices and legislative
offices for districts containing more than one county or parts of more than one county, and shall
proceed to canvass the returns, and to declare the result, and announce the names of those
nominated for the different offices nin the first primary, and the names of those candidates whose
names are to be submitted to the second primary election. State and said district executive
committeesThe State Executive Committee shall also meet a week formfrom the day on which
the second primary election was held and receive and canvass the returns for state and district
offices, if any, and legislative offices for districts containing more than one county or parts of
more than one county, if any, voted on in such second primary. An exact and full duplicate of all


tabulations by precincts as certified under this section shall be filed with the circuit clerk of the
county who shall safely preserve the same in his office.
3142190 (1942198623-15-597 (Current)
3142. Executive23-15-597. Canvas of returns and announcement of results by executive
committee to meet and canvass returns.


(1) The county executive committee shall meet on the first or second day after each primary
election;, shall receive and canvass the returns, which must be made within the time fixed by law
for returns of general elections, and declare the result, and announce the name of the nominees
for county and county district offices, and legislative offices for districts containing one (1)
county or less, and the names of those candidates to be submitted to the second primary. The
vote for state and, state district offices and legislative offices for districts containing more than
one county or parts of more than one county shall be tabulated by precincts and certified to and
returned to the state executive committee, such returns to be mailed by registered letter or any
safe mode of transmission within thirty-six (36) hours after the returns are canvassed and the
result ascertained; and likewise to the senatorial and flotorial executive committees those returns
relating to those offices. The state and said district. The state executive committees. The State
Executive Committeecommittee shall meet a week formfromfrom the day following the first
primary election held for state and, state district offices and legislative offices for districts
containing more than one county or parts of more than one county, and shall proceed to canvass
the returns, and to declare the result, and announce the names of those nominated for the
different offices ninin the first primary, and the names of those candidates whose names are to be
submitted to the second primary election. State and said districtThe state executive
committeesThe State Executive Committeecommittee shall also meet a week formfromfrom the
day on which the second primary election was held and receive and canvass the returns for state
and district offices, if any, and legislative offices for districts containing more than one county or
parts of more than one county, if any, voted on in such second primary. An exact and full
duplicate of all tabulations by precincts as certified under this section shall be filed with the
circuit clerk of the county who shall safely preserve the same in his office.

(2) (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 chairman of the county executive committee and the circuit
clerk or the chairman 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 chairman of the municipal executive committee and the


municipal clerk or the chairman 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.

23-15-597 (Current)
23-15-597. Canvas of returns and announcement of results by executive committee


(1) The county executive committee shall meet on the first or second day after each primary
election, shall receive and canvass the returns which must be made within the time fixed by law
for returns of general elections and declare the result, and announce the name of the nominees
for county and county district offices and the names of those candidates to be submitted to the
second primary. The vote for state, state district offices and legislative offices shall be tabulated
by precincts and certified to and returned to the state executive committee, such returns to be
mailed by registered letter or any safe mode of transmission within thirty-six (36) hours after the
returns are canvassed and the result ascertained. The state executive committee shall meet a
week from the day following the first primary election held for state, state district offices and
legislative offices, and shall proceed to canvass the returns and to declare the result, and
announce the names of those nominated for the different offices in the first primary and the
names of those candidates whose names are to be submitted to the second primary election. The
state executive committee shall also meet a week from the day on which the second primary
election was held and receive and canvass the returns for state and district offices, if any, and
legislative offices, if any, voted on in such second primary. An exact and full duplicate of all
tabulations by precincts as certified under this section shall be filed with the circuit clerk of the
county who shall safely preserve the same in his office.

(2) (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 chairman of the county executive committee and the circuit
clerk or the chairman 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 chairman of the municipal executive committee and the
municipal clerk or the chairman 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.



HISTORY: SOURCES: Derived from 1942 Code 3142 [Codes, 1906, 3705; Hemingway's
1917, 6397; 1930, 5895; repealed by Laws, 1970, ch. 506, 33, and 1986, ch. 495, 346];
en, Laws, 1986, ch. 495, 190; Laws, 2001, ch. 523, 7; Laws, 2010, ch. 320, 3, eff July 15,
2010 (the date the United States Attorney General interposed no objection under Section 5 of the
Voting Rights Act of 1965, to the amendment of this section.)



COMPARISON OF 3146, 191 AND 23-15-599
3146 (1942)
3146. Tabulated vote to be furnished secretary of state. The chairmen of the state,
senatorial and flotorial executive committees respectfully, shall transmit to the secretary of state
a tabulated statement of the party vote cast in each county in each state and district election,
which statement shall be filed by the secretary of state and preserved among the records of his
office.

3146191 (19421986)
3146. Tabulated vote to be furnished secretary of state. The chairmen of the state,
senatorial and flotorial executive committees respectfully,The Chairmen of the State Executive
Committee shall transmit to the secretarySecretary of stateState a tabulated statement of the party
vote cast in each county in each state and state district election, and each legislative election for
districts consisting of more than one county or parts of more than one county, which statement
shall be filed by the secretarySecretary of stateState and preserved among the records of his
office.

3146191 (1942198623-15-599 (Current)
3146. Tabulated vote to be furnished secretary of state. The chairmen of the state,
senatorial and flotorial executive committees respectfully,The Chairmen23-15-599. Tabulated
statement of party vote


(1) (a) Within ten (10) days after the first primary election and within ten (10) days after the
second primary election, if any, the Chairman of the State Executive Committee shall transmit to
the secretarySecretary of stateStateSecretary of State a tabulated statement of the party vote cast
in each county and precinct in each county in each state and state district election, and each
legislative election for districts consisting of more than one (1) county or parts of more than one
county, which statement shall be filed by the secretarySecretary of stateState and preserved
among the records of his office. (1) county. The statement shall be transmitted by the State
Executive Committee on such forms and by such methods as may be required by rules and
regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary
of State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certification
signed and dated by the Chairman of the State Executive Committee, which shall read as
follows:

"I , Chairman of the Party State Executive Committee, do hereby certify that, on a majority vote
of the Party State Executive Committee, these vote totals for each county and for each candidate


are the official vote totals for the election reflected therein."

(2) (a) Within ten (10) days after the first primary election and within ten (10) days after the
second primary election, if any, the county executive committee shall transmit to the Secretary of
State a tabulated statement of the party vote cast in their county and each precinct in their county
in each election for county and county district office and each election for legislative office for
districts containing one (1) county or less. The statement shall be transmitted by the county
executive committee on such forms and by such methods as may be required by rules and
regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary
of State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certification
signed and dated by the majority of the members of the county executive committee, which shall
read as follows:

"We, the undersigned members of the county executive committee, do hereby certify that these
vote totals for each candidate are the official vote totals for the election reflected therein."

23-15-599 (Current)
23-15-599. Tabulated statement of party vote


(1) (a) Within ten (10) days after the first primary election and within ten (10) days after the
second primary election, if any, the Chairman of the State Executive Committee shall transmit to
the Secretary of State a tabulated statement of the party vote cast in each county and precinct in
each county in each state and state district election, and each legislative election for districts
consisting of more than one (1) county or parts of more than one (1) county. The statement shall
be transmitted by the State Executive Committee on such forms and by such methods as may be
required by rules and regulations promulgated by the Secretary of State. The statement shall be
filed by the Secretary of State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certification
signed and dated by the Chairman of the State Executive Committee, which shall read as
follows:

"I , Chairman of the Party State Executive Committee, do hereby certify that, on a majority vote
of the Party State Executive Committee, these vote totals for each county and for each candidate
are the official vote totals for the election reflected therein."

(2) (a) Within ten (10) days after the first primary election and within ten (10) days after the
second primary election, if any, the county executive committee shall transmit to the Secretary of
State a tabulated statement of the party vote cast in their county and each precinct in their county
in each election for county and county district office and each election for legislative office for
districts containing one (1) county or less. The statement shall be transmitted by the county


executive committee on such forms and by such methods as may be required by rules and
regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary
of State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certification
signed and dated by the majority of the members of the county executive committee, which shall
read as follows:

"We, the undersigned members of the county executive committee, do hereby certify that these
vote totals for each candidate are the official vote totals for the election reflected therein."
HISTORY: SOURCES: Derived from 1942 Code 3146 [Codes, 1905, 3724; Hemingway's
1917, 9415; 1930, 5899; repealed by Laws, 1970, ch. 506, 33, and 1986, ch. 495, 346];
en, Laws, 1986, ch. 495, 191; Laws, 2002, ch. 534, 2, eff July 29, 2002 (the date the United
States Attorney General interposed no objection under Section 5 of the Voting Rights Act of
1965, to the amendment of this section.)