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Third Chancery Court District; revise number of chancellors., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary B

By: Representative Horan

House Bill 1

(As Sent to Governor)

AN ACT TO AMEND SECTION 9-5-13, MISSISSIPPI CODE OF 1972, TO
REVISE THE NUMBER OF CHANCELLORS FOR THE THIRD CHANCERY COURT DISTRICT IN THE
"FROM AND AFTER JANUARY 1, 2027" TIER; TO CONDITION THE QUALIFYING
DEADLINE FOR THE "PLACE THREE" CHANCELLORSHIP FOR THE THIRD CHANCERY
COURT DISTRICT UPON THE GOVERNOR'S APPROVAL OF THIS ACT; TO AMEND SECTION 23-15-977,
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD
SECTION 9-5-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE COUNTY COMPOSITION
OF THE THIRD CHANCERY COURT DISTRICT, FOR PURPOSES OF AMENDMENT; AND FOR
RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section 9-5-13,
Mississippi Code of 1972, is amended as follows:

[Until January 1, 2027,
this section shall read as follows:]

9-5-13.  (1)  There shall be
three (3) chancellors for the Third Chancery Court District.

(2)  (a)  The chancellor of
Subdistrict 3-1 shall be elected from DeSoto County.  The two (2) chancellors
of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County,
Panola County, Tate County and Yalobusha County.

(b)  For purposes of
appointment and election, the three (3) chancellorships shall be separate and
distinct.  The chancellorship in Subdistrict 3-1 shall be denominated only as
"Place One," and the chancellorships in Subdistrict 3-2 shall be
denominated only as "Place Two" and "Place Three."

[From and after January
1, 2027, this section shall read as follows:]

9-5-13.  (1)  There shall be * * *two (2) three (3) chancellors for the
Third Chancery Court District.

(2)  For purposes of
appointment and election only, the * * *two (2) three (3) chancellorships shall
be separate and distinct and denominated as "Place One" * * *and, "Place Two * * *." and "Place Three".
The chancellor of Place One must reside in Tate County,
Panola County or Yalobusha County.  The chancellor of Place Two must reside
in Carroll County, Grenada County, Montgomery County or Tallahatchie County.  The
chancellor of Place Three must reside in Carroll County, Grenada County,
Montgomery County, Panola County, Tallahatchie County, Tate County or Yalobusha
County.

SECTION 2.  If this
act is approved by the Governor or becomes law without the Governor's signature
by January 23, 2026, any candidate for the office of
chancellor for Place Three of the Third Chancery Court District in Section 1 of
this act that takes office from and after January 1, 2027, shall file their
intent to be a candidate no later than February 2, 2026, and qualify as
otherwise provided in Section 23-15-977 for candidates for judicial office;
however, if this act has not been approved by the Governor or does not become
law without the Governor's signature by January 23, 2026, any candidate for the
office of chancellor for Place Three of the Third Chancery Court District in
Section 1 of this act that takes office from and after January 1, 2027, shall
file their intent to be a candidate no later than 5:00 p.m. on May 1, 2026, and
qualify as otherwise provided in Section 23-15-977 for candidates for judicial
office.

Regardless
of which qualifying deadline applies, any candidate for the office of
chancellor for Place Three of the Third Chancery Court District in Section 1 of
this act that begins from and after January 1, 2027, shall run for such office
in the November 2026 general election for judicial officers in the same manner
as all other candidates for judicial office.

SECTION 3.  Section
23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977.  (1)  Except as
otherwise provided * * *in
this section by law, all candidates for judicial office as
defined in Section 23-15-975 of this subarticle shall file their intent to be a
candidate with the proper officials and pay the proper assessment by not later
than 5:00 p.m. on February 1 of the year in which the general election for the
judicial office is held.  If February 1 occurs on a Saturday, Sunday or legal
holiday, candidates shall file their intent to be a candidate and pay the
proper assessment by 5:00 p.m. on the business day immediately following the
Saturday, Sunday or legal holiday.  Candidates shall pay to the proper
officials the following amounts:

(a)  Candidates for
Supreme Court justice and Court of Appeals judge, the sum of Two Hundred
Dollars ($200.00).

(b)  Candidates for
circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

(c)  Candidates for
county judge and family court judge, the sum of One Hundred Dollars ($100.00).

(d)  Candidates for
justice court judge, the sum of One Hundred Dollars ($100.00).

Candidates for judicial
office may not file their intent to be a candidate and pay the proper
assessment before January 1 of the year in which the election for the judicial
office is held.

(2)  Candidates for judicial
offices listed in paragraphs (a) and (b) of subsection (1) of this section
shall file their intent to be a candidate with, and pay the proper assessment
made pursuant to subsection (1) of this section to, the State Board of Election
Commissioners.

(3)  Candidates for judicial
offices listed in paragraphs (c) and (d) of subsection (1) of this section
shall file their intent to be a candidate with, and pay the proper assessment
made pursuant to subsection (1) of this section to, the circuit clerk of the
proper county.  The circuit clerk shall notify the county election
commissioners of all persons who have filed their intent to be a candidate
with, and paid the proper assessment to, such clerk.  The notification shall
occur within two (2) business days and shall contain all necessary information.

(4)  If only one (1) person
files his or her intent to be a candidate for a judicial office and that person
later dies, resigns or is otherwise disqualified from holding the judicial
office after the deadline provided for in subsection (1) of this section but
more than seventy (70) days before the date of the general election, the
Governor, upon notification of the death, resignation or disqualification of
the person, shall issue a proclamation authorizing candidates to file their
intent to be a candidate for that judicial office for a period of not less than
seven (7) nor more than ten (10) days from the date of the proclamation.

(5)  If only one (1) person
qualifies as a candidate for a judicial office and that person later dies,
resigns or is otherwise disqualified from holding the judicial office within
seventy (70) days before the date of the general election, the judicial office
shall be considered vacant for the new term and the vacancy shall be filled as
provided in by law.

SECTION 4.  Section 9-5-11,
Mississippi Code of 1972, is brought forward as follows:

[Until January 1, 2027,
this section shall read as follows:]

9-5-11.  (1)  The Third
Chancery Court District is composed of the following counties:

(a)  DeSoto County;

(b)  Grenada County;

(c)  Montgomery County;

(d)  Panola County;

(e)  Tate County; and

(f)  Yalobusha County.

(2)  The Third Chancery
Court District shall be divided into two (2) subdistricts as follows:

(a)  Subdistrict 3-1
shall consist of DeSoto County.

(b)  Subdistrict 3-2
shall consist of Grenada County, Montgomery County, Panola County, Tate County
and Yalobusha County.

[From and after January
1, 2027, this section shall read as follows:]

9-5-11.  The Third Chancery
Court District is composed of the following counties:

(a)  Carroll County;

(b)  Grenada County;

(c)  Montgomery County;

(d)  Panola County;

(e)  Tallahatchie
County;

(f)  Tate County; and

(g)  Yalobusha County.

SECTION 5.  This act
shall take effect and be in force from and after its passage.
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