PEER evaluated the effectiveness of the Board of Election Commissioners (composed of the Governor, the Attorney General and the Secretary of State) in resolving qualifications disputes between candidates for the Legislature.
The Mississippi Supreme Court said in Foster v. Harden, 536 So. 2d. 905 (Miss, 1988) that qualifications disputes between legislative candidates are within the exclusive jurisdiction of the Mississippi House of Representatives and the Senate, based on Section 38 of the MISSISSIPPI CONSTITUTION.
PEER recommends that the Legislature authorize county elections commissions to collect information regarding candidates’ qualifications for the House and the Senate when these bodies draw conclusions on candidates’ qualifications in contested elections.
For a paper copy of this report, contact PEER by telephone at 601-359-1226 or by e-mail at reports@peer.ms.gov.