State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-25 > 5 > 25-5-19

§ 25-5-19. Examination of petition by election commissioners.
 

The county registrar shall not retain in his possession any such petition or any section thereof for a longer period than two days for the first two hundred signatures thereon and one additional day for each two hundred additional signatures or fraction thereof, and the time consumed in the examination of such petitions shall not be counted in determining the time between the signing and the filing of the petitions. At the expiration of the examination, the registrar shall forthwith file the same with the governor, with his certificate attached, and shall obtain a written receipt for the same. The forms herein are not mandatory, but directory, and if substantially followed in any petition it shall be sufficient, disregarding clerical and technical errors. If the registrar be unable to examine the petition, he shall so certify the fact to the county election commissioners, who shall in the same manner and time perform all the functions herein required of the registrar. In the event the county registrar is the officer whose removal is sought by said petition, then said petition shall be delivered to one of the county election commissioners of the county in which the petition has been circulated, and the county election commissioners of such county shall in the same manner and within the same time perform all functions herein required of the registrar. A fee of five cents per signature shall be allowed for the aforesaid examination of said petitions, to be paid out of the general funds of the county upon due proof of said examination. Any registrar or any board of county election commissioners or member thereof who wilfully fails or refuses to perform the duty or duties herein required of him or them shall be subject to a civil penalty of one thousand dollars, to be recovered in the chancery court of the county by suit which may be filed by any qualified elector who signed said petition or any section thereof. 
 

Sources: Codes, 1942, § 4054-02; Laws,  1956, ch. 188, § 2, eff from and after passage (approved January 20, 1956).