After Mississippi's 2025 House Bill 291 changed plurality voting to majority voting for some offices, do legislative and state district offices still win on a plurality?

Plain-English summary

Secretary of State Michael Watson asked about House Bill 291 (2025 Regular Session), which moved certain offices from a plurality-of-votes (more votes than anyone else) to a majority-of-votes (more than half) requirement. The amendment changed Section 23-15-193(2) generally to require a majority for "candidates that receive a majority of votes cast for the office at the general election." But other sections in the same bill, particularly Sections 23-15-601 and 23-15-605, looked like they preserved a plurality rule for legislative offices and state district offices.

The Secretary asked three questions:

1. Is the threshold for a legislative district composed of one county or less still a plurality (Section 23-15-601)?
2. Same question for legislative districts composed of more than one county (Section 23-15-605)?
3. Same question for state district offices like Public Service Commissioner or Transportation Commissioner (Section 23-15-605)?

The AG answered yes to all three. Working through statutory construction:

• The bill's title was: "County and county district officers; require to have runoff election if no candidate receives majority after general election." The AG cited Hinton v. Sportsman's Guide, 285 So. 3d 142, 152 (Miss. 2019), for the proposition that bill titles can help determine legislative intent when the language is ambiguous.
• The earlier draft of H.B. 291 (introduced January 10, 2025) explicitly listed "state officers, county officers and county district officers" for majority voting. That wording was changed in the enacted version to just "the candidate that receives a majority" with no explicit mention of which categories of offices are covered. The earlier draft also removed "other county office, board of supervisors, justice court judge, and constable" from Section 23-15-601's plurality list.
• Section 23-15-605 (brought forward in H.B. 291) preserves plurality for offices "other than candidates for state offices, legislative offices composed of one county or less, county offices and county district offices."
• Per AG Op., Butler (Nov. 2, 2023): "state legislators are often distinguished from statewide offices such as Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General in Mississippi election statutes." Legislative offices are not "county offices" or "county district offices," so they are not in Section 23-15-605's exempted list.
• Butler also held that "the state officers" in Section 23-15-193 includes only the statewide elected offices listed in Constitution Section 140, not state district officers or legislators. So state district offices (PSC, Transportation Commissioner) are not "state officers" and not subject to majority voting under the amendment.

Result: the AG reads the amendment as aimed at county and county district officers, while legislative offices and state district offices remain under the cited plurality provisions. The opinion does not decide the vote threshold for statewide constitutional officers.

Statutory interpretation rules cited:

• King v. Mississippi Mil. Dep't, 245 So. 3d 404, 409 (Miss. 2018): conflicting statutes require interpretation to discern legislative intent.
• Buckel v. Chaney, 47 So. 3d 148, 158 (Miss. 2010), quoting Tunica Cnty v. Hampton Co. Nat'l Sur., 27 So. 3d 1128, 1134 (Miss. 2009): statutes on the same subject should be read in harmony with each other.
• Thompson v. DeSoto Cnty. Intervention Ct., 337 So. 3d 1035, 1039 (Miss. 2022), quoting McDaniel v. Cochran, 158 So. 3d 992, 996 (Miss. 2014): the best evidence of legislative intent is the text, but historical background, purpose, and objectives also matter.

The opinion includes a footnote explaining that legislative districts composed of one county or less are excluded from Section 23-15-605 not because they are subject to majority vote, but because the election commissioners (rather than the Secretary of State) declare results in those districts.

What this means for you

For the Secretary of State and county election commissioners

On the opinion's reading, plurality still wins for legislative offices and state district offices (PSC, Transportation Commissioner) under §§ 23-15-601 and 23-15-605. The AG reads the amended majority-or-runoff rule as aimed at county and county district officers. It cites Butler only to distinguish state district offices from the statewide offices listed in Constitution § 140; it does not decide the statewide officers’ vote threshold.

For candidates

On the opinion's reading, a candidate for a state legislative office or a state district office (PSC, Transportation Commissioner) still wins by plurality and does not need a majority. A candidate for a county or county district office (for example, sheriff or county supervisor) needs a majority or goes to a runoff under the amended § 23-15-193(2). The opinion does not address the vote threshold for Governor or other statewide constitutional offices.

For state legislators

H.B. 291 (which you may have voted on) preserved the plurality rule for your re-election. The AG opinion confirms that. The amendment was specifically about county and county district officers.

For municipal election commissioners

This opinion does not directly address municipal elections. Check your municipal-election statutes for any majority-or-runoff requirements.

For voters

If your ballot has a county sheriff race or a county district race, expect a possible runoff if no candidate gets a majority. For legislative and state district races, the candidate with the most votes wins regardless of whether they have a majority.

Common questions

Did House Bill 291 change voting for state legislators?
No. Legislators (House and Senate) still win on a plurality.

Did it change voting for Public Service Commissioner or Transportation Commissioner? No. These are state district offices and remain on plurality.

What did H.B. 291 change?
The AG reads the amendment as requiring majority voting, with a runoff if necessary, for county and county district officers. It does not say the bill changed the rule for statewide constitutional officers.

When does H.B. 291 take effect?
July 1, 2025.

What is "plurality" vs "majority"?
Plurality = more votes than any other candidate (the most votes wins). Majority = more than half of the total votes cast. Plurality always produces a winner; majority can produce a tie or runoff.

What is a "county district office" and how is it different from a "state district office"? A county district office serves a district within a single county (for example, county supervisor, justice court judge, constable). A state district office serves a district that crosses multiple counties; the opinion's examples are Public Service Commissioner and Transportation Commissioner. H.B. 291's majority rule applies to county district offices but not state district offices.

Background and statutory framework

Section 23-15-193 (as amended by H.B. 291) governs majority/plurality:

(2) The candidate that receives a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later. . . .

The pre-amendment version had read "[t]he state officers" and "candidates for state office." The amendment broadened the language but, the AG concluded, did not extend the rule to legislative or state district offices.

Section 23-15-601 (also amended by H.B. 291):

the election commissioners shall canvass the returns, ascertain and declare the result, and, within ten (10) days after the day of the election, shall deliver a certificate of the election to the person having the greatest number of votes for representative in the Legislature of districts composed of one (1) county or less.

The previous version listed "other county office, board of supervisors, justice court judge and constable" along with the legislative districts. The amendment removed those, indicating they are no longer subject to plurality (they moved to majority under Section 23-15-193(2)).

Section 23-15-605 (brought forward by H.B. 291):

The Secretary of State, immediately after receiving the returns of an election, not longer than thirty (30) days after the election, shall sum up the whole number of votes given for each candidate other than candidates for state offices, legislative offices composed of one (1) county or less, county offices and county district offices, according to the statements of the votes certified to him or her and ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected.

State legislators (multi-county legislative districts) and state district officers (PSC, Transportation Commissioner) are not "county offices," "county district offices," or "state offices" in the strict sense. They remain in Section 23-15-605's plurality coverage.

The Butler opinion (Nov. 2, 2023) clarified that "the state officers" in Section 23-15-193 includes only the statewide elected offices listed in Constitution Section 140 (Governor, Lt. Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance) and "does not apply to state district officers or legislators."

The AG used the bill title and the introduced-version language to reinforce the conclusion. Hinton v. Sportsman's Guide, 285 So. 3d 142, 152 (Miss. 2019), supports using bill titles for legislative-intent analysis. The introduced version of H.B. 291 used "state officers, county officers and county district officers," which was narrowed in the enacted version to a more general phrasing.

Citations

• Miss. Code Ann. § 23-15-193 (as amended by H.B. 291: majority-or-runoff for covered offices)
• Miss. Code Ann. § 23-15-296 (election statute distinguishing legislative offices)
• Miss. Code Ann. § 23-15-333 (same)
• Miss. Code Ann. § 23-15-367 (same)
• Miss. Code Ann. § 23-15-601 (plurality threshold for legislative district of one county or less)
• Miss. Code Ann. § 23-15-605 (Secretary of State plurality declaration; exempted offices)
• Miss. Code Ann. § 23-15-923 (election statute distinguishing legislative offices)
• Miss. Const. § 140 (statewide constitutional officers)
• 2025 Miss. House Bill No. 291 (effective July 1, 2025)
• King v. Mississippi Mil. Dep't, 245 So. 3d 404 (Miss. 2018) (statutory construction for conflicts)
• Buckel v. Chaney, 47 So. 3d 148 (Miss. 2010) (in pari materia)
• Tunica Cnty v. Hampton Co. Nat'l Sur., 27 So. 3d 1128 (Miss. 2009) (same)
• Thompson v. DeSoto Cnty. Intervention Ct., 337 So. 3d 1035 (Miss. 2022) (legislative intent)
• McDaniel v. Cochran, 158 So. 3d 992 (Miss. 2014) (same)
• Hinton v. Sportsman's Guide, Inc., 285 So. 3d 142 (Miss. 2019) (bill titles in interpretation)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/08/M.-Watson-August-18-2025-2025-House-Bill-291.pdf

Original opinion text

August 18, 2025
The Honorable Michael Watson
Mississippi Secretary of State
401 Mississippi Street
Jackson, Mississippi 39205
Re:

2025 House Bill 291

Dear Secretary Watson:
The Office of the Attorney General has received your request for an official opinion. Background According to your request, House Bill 291 of the 2025 Regular Legislative Session ("HB 291") modified the threshold for obtaining office from a plurality of votes requirement to a majority of votes requirement for several offices. However, while the amendment to Mississippi Code Annotated Section 23-15-193(2) generally applies to all candidates listed in Section 23-15-193(1), it appears that more specific sections also amended in HB 291, or specifically brought forward without amendment, will carve out state legislative offices and state district offices from the new majority of votes requirement to maintain a plurality of votes requirement. Based on this understanding, you ask the following questions. Questions Presented

1. Is the threshold to obtain office for a legislative district composed of one county or less
   still a plurality of votes pursuant to Section 23-15-601?
2. Is the threshold to obtain office for a legislative district composed of more than one county
   still a plurality of votes pursuant to Section 23-15-605?
3. Is the threshold to obtain office for a state district office (i.e. Public Service Commissioner
   or Transportation Commissioner) still a plurality of votes pursuant to Section 23-15-605?

Brief Response

1. Yes. The threshold to obtain office for a legislative district composed of one county or less
   is still a plurality of votes pursuant to Section 23-15-601.
2. Yes. The threshold to obtain office for a legislative district composed of more than one
   county is still a plurality of votes pursuant to Section 23-15-605.
3. Yes. The threshold to obtain office for a state district office (i.e. Public Service
   Commissioner or Transportation Commissioner) is still a plurality of votes pursuant to Section 23-15-605. Applicable Law and Discussion As noted in your request, HB 291 modified the threshold for obtaining office from a plurality of votes (more votes than any other candidate) requirement to a majority of votes (more than half of the total number of votes) requirement for certain offices.[1] See MS AG Op., Tate at *1 (Aug. 14, 2003) (defining majority). Following HB 291, Section 23-15-193 now provides:

(1) At the election in 2023, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.

(2) The candidate that receives a majority of votes cast for the office at the general election shall be elected. If no candidate receives a majority number of votes cast at the election, then the two (2) candidates who receive the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later. The candidate who receives a majority of the votes cast in the runoff election shall be elected. However, if no candidate receives a majority vote cast at the election, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest number of votes cast shall have their names placed on the ballot for the runoff election to be held four (4) weeks later, and whoever receives the majority of votes cast in the runoff election shall be elected. If it appears that two (2) or more candidates for office have an equal number of votes after the runoff election, the interested candidates shall appear before the Chief Justice of the Mississippi Supreme Court within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly.

(emphasis added). The amendments to Section 23-15-193 are shown in the emphasized text. Previously, these phrases respectively read "[t]he state officers" and "candidates for state office." Miss. Code Ann. § 23-15-193 (2024) (emphasis added). Given the amendments, you first ask if the threshold to obtain office for a legislative district composed of one county or less is still a plurality of votes pursuant to Section 23-15-601. As also amended by HB 291, Section 23-15-601 provides in relevant part,

When the result of the election shall have been ascertained by the poll managers they . . . shall, on the night of the election, deliver to the election commissioners, at the courthouse, a statement of the whole number of votes given for each person and for what office; and the election commissioners shall canvass the returns, ascertain and declare the result, and, within ten (10) days after the day of the election, shall deliver a certificate of the election to the person having the greatest number of votes for representative in the Legislature of districts composed of one (1) county or less.

(emphasis added). Previously, the last sentence ended in "shall deliver a certificate of the election to the person having the greatest number of votes for representative in the Legislature of districts composed of one (1) county or less, or other county office, board of supervisors, justice court judge and constable." Miss. Code Ann. § 23-15-193 (2024) (emphasis added). The Mississippi Supreme Court has provided that where "statutes are conflicting, we must engage in statutory interpretation to discern the legislative intent." King v. Mississippi Mil. Dep't, 245 So. 3d 404, 409 (Miss. 2018). Under the rules of statutory interpretation, "[s]tatutes 'on the same subject, although in apparent conflict, should if possible be construed in harmony with each other to give effect to each.'" Buckel v. Chaney, 47 So. 3d 148, 158 (Miss. 2010) (quoting Tunica Cnty v. Hampton Co. Nat'l Sur., 27 So. 3d 1128, 1134 (Miss. 2009)). Further, "all statutes in pari materia are taken into consideration, and a legislative intent [is] deduced from a consideration as a whole." Id. "The best evidence of legislative intent is the text of the statute; the Court may also look to the statute's historical background, purpose, and objectives." Thompson v. DeSoto Cnty. Intervention Ct., 337 So. 3d 1035, 1039 (Miss. 2022) (quoting McDaniel v. Cochran, 158 So. 3d 992, 996 (Miss. 2014)). Examining the limited historical background of HB 291, we first note the bill's title: "County and county district officers; require to have runoff election if no candidate receives majority after general election." The Mississippi Supreme Court has stated that, although not dispositive, "reviewing an enacting bill's title may be helpful in determining legislative intent when the statute's language is ambiguous." Hinton v. Sportsman's Guide, Inc., 285 So. 3d 142, 152 (Miss. 2019) (internal citation omitted). Further, when HB 291 was first introduced, the proposed amended text of Section 23-15-193(2) provided, "The state officers, county officers and county district officers that receive a majority of votes cast for the office at the general election shall be elected." 2025 MS H.B 291 (Jan. 10, 2025) (emphasis added). And correspondingly, the proposed amended text of Section 23-15-601(1) removed its application to "other county office, board of supervisors, justice court judge, and constable," indicating these candidates would no longer be subject to the plurality of votes requirement set forth therein. See supra. It can thus be inferred that the legislature's intent behind HB 291 is to require county and county district officers specifically, not all general election candidates, such as legislators and state district officers, to utilize majority voting with run-offs when necessary. Accordingly, it is the opinion of this office that the threshold to obtain office for a legislative district composed of one county or less is still a plurality of votes pursuant to Section 23-15-601. You next ask if the threshold to obtain office for a legislative district composed of more than one county is still a plurality of votes pursuant to Section 23-15-605. HB 291 brought forward Section 23-15-605, which provides in relevant part:

The Secretary of State, immediately after receiving the returns of an election, not longer than thirty (30) days after the election, shall sum up the whole number of votes given for each candidate other than candidates for state offices, legislative offices composed of one (1) county or less, county offices and county district offices, according to the statements of the votes certified to him or her and ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected.

(emphasis added).[2] In MS AG Op., Butler at 2 (Nov. 2, 2023), this office stated that "state legislators are often distinguished from statewide offices such as Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General in Mississippi election statutes." (citing Miss. Code Ann. §§ 23-15-296, 23-15-333, 23-15-367, 23-15-605, and 23-15-923 and noting these statutes "[list] legislative offices separately from statewide or state district offices"). State legislative offices are likewise not "county offices" or "county district offices," and thus are not included in the exempted offices set forth in Section 23-15-605. Accordingly, it is our opinion that the threshold to obtain office for a legislative district composed of more than one county is still a plurality of votes pursuant to Section 23-15-605. Finally, you ask if the threshold to obtain office for a state district office (i.e. Public Service Commissioner or Transportation Commissioner) is still a plurality of votes pursuant to Section 23-15-605. In MS AG Op., Butler at 1, this office opined, "[t]he term 'the state officers' as
[previously] used in Section 23-15-193 includes only the statewide elected offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, and Commissioner of Insurance as referenced in Section 140 of the Mississippi Constitution." The term "does not apply to state district officers or legislators." Id. As such, a state district office is not included in the exempted offices set forth in Section 23-15-605. For this reason and the reasons stated above, it is the opinion of this office that the threshold to obtain office for a state district office (i.e. Public Service Commissioner or Transportation Commissioner) is still a plurality of votes pursuant to Section 23-15-605. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By:

/s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General

[1] "This act shall take effect and be in force from and after July 1, 2025." H.B. 291 (Miss. 2025).

[2] We note that legislative districts composed of one county or less are excluded from Section 23-15-605 not because they are subject to a majority vote but because the election commissioners ascertain and declare the results in these districts whereas the Secretary of State has such duties under Section 23-15-605.