Mississippi Code
Contests of Primary Elections
§ 23-15-941. Willful violation of election statute constituting criminal offense; issuance of arrest warrant; delivery of papers to grand jury foreman

If upon the hearing of a primary election contest or complaint, under Section 23-15-931, it shall distinctly appear to the trial judge that any person, including a candidate or election officer, has willfully and corruptly violated any primary election statute and such violation is by said statute made a criminal offense, whether a misdemeanor or a felony, it shall be the duty of the trial judge to issue immediately his warrant for the arrest of the guilty party, reciting in his order therefor, in brief, the grounds or causes for the arrest. Such warrant and a certified copy of the order shall be forthwith placed in the hands of the sheriff of the county wherein the offense occurred, and the sheriff shall at once, upon receipt of the warrant, arrest the party and commit him to prison, unless and until the party give bond in the sum of Five Hundred Dollars ($500.00) with two (2) or more good and sufficient sureties conditioned for his appearance at the next term of the circuit court and from term to term until discharged by law. When the arrest has been made and the bond, if any, given, the sheriff shall deliver all the papers therein with his return thereon to the circuit clerk who shall file, and thereafter personally deliver, the same to the foreman of the next grand jury.

Structure Mississippi Code

Mississippi Code

Title 23 - Elections

Chapter 15 - Mississippi Election Code

Article 29 - Election Contests

Contests of Primary Elections

§ 23-15-921. Nominations to county or county district offices, etc.; petition, notice of contest, investigation, and determination

§ 23-15-923. Nominations with respect to state, congressional, and judicial districts, etc.; investigation, findings, and declaration of nominee

§ 23-15-925. Power of committee to subpoena and to attach witnesses

§ 23-15-927. Filing of protest and petition in circuit court in event of unreasonable delay by committee; requirement of certificate and cost bond; suspension of committee's order

§ 23-15-929. Designation of circuit judge or retired judge on senior status to determine contest; notice; answer and cross-complaint

§ 23-15-931. Issuance of subpoenas and summonses by circuit clerk prior to hearing; assistance by, and findings of, election commissioners; entry of judgment by trial judge

§ 23-15-933. Appeal from judgment; restrictions upon review of findings of fact

§ 23-15-935. Attendance or absence of election commissioners at hearing

§ 23-15-937. Transfer of hearing; requirement of prompt adjudication; circumstances requiring special election

§ 23-15-939. Payment of traveling expenses of judge or chancellor; compensation of election commissioners

§ 23-15-941. Willful violation of election statute constituting criminal offense; issuance of arrest warrant; delivery of papers to grand jury foreman