Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 01 (of 14), 1898
Mississippi Historical Society
Mississippi -- History
SECTION 140.--The governor of the state shall be
chosen in the following manner: On the first Tuesday after
the first Monday of November of A. D. 1895, and on
the first Tuesday after the first Monday of November in every
fourth year thereafter, until the day shall be changed by
law, an election shall be held in the several counties and
districts created for the election of members of the house of
representatives in this state, for governor, and the person
receiving in any county or such legislative district the
highest number of votes cast therein, for said office, shall
be holden to have received as many votes as such county or
district is entitled to members in the house of representatives
which last named votes are hereby designated "electoral votes."
In all cases where a representative is apportioned to two or
more counties or districts, the electoral vote, based on such
representative, shall be equally divided among such counties
or districts. The returns of said election shall be certified
by the election commissioners, or a majority of them, of the
several counties, and transmitted, sealed, to the seat of
government, directed to the secretary of state, and shall be by
him safely kept and delivered to the speaker of the house of
representatives at the next ensuing session of the legislature
within one day after he shall have been elected. The speaker,
shall on the next Tuesday after he shall have received said
returns, open and publish them in the presence of the house of
representatives, and said house shall ascertain and count the
vote of each county and legislative district and decide any
contest that may be made concerning the same, and said decision
shall be made by a majority of the whole number of members of
the house of representatives concurring therein, by a viva voce
vote, which shall be recorded in its journal; _Provided_, In
case the two highest candidates have an equal number of votes
in any county or legislative district, the electoral vote of
such county or legislative district shall be considered as
equally divided between them. The person found to have received
a majority of all the elective votes, and also a majority of
the popular vote, shall be declared elected.
Section 141. If no person shall receive such majorities, then
the house of representatives shall proceed to choose a governor
from the two persons who shall have received the highest number
of popular votes. The election shall be by viva voce, which
shall be recorded in the journal, in such manner as to show for
whom each member voted.
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