CHANDLER, Justice, for the Court:
¶ 1. Democratic candidate Bobbie Miller successfully challenged independent incumbent Dimp Powell for the office of mayor of Isola, Mississippi. Prior to the election, the Municipal Election Commission of Isola approved the placement of Miller's name on the ballot despite the fact that a Democratic Municipal Executive Committee was not in existence by the
¶ 2. Bobbie Miller, who ran a local daycare center in Isola, decided to run as a Democratic candidate for mayor, challenging independent incumbent Dimp Powell. Miller filed her statement of intent and $10 cash filing fee with the municipal clerk on January 21, 2013. The municipal clerk accepted the documents. Isola did not at that time have a Democratic Municipal Executive Committee. On March 6, the clerk contacted Miller and informed her that she could not accept cash for the filing fee. Miller immediately exchanged the cash for a money order. At that time, Miller asked if any other action on her part was needed, and the clerk said no. The clerk also accepted a statement of intent and filing fee from Powell. Miller's money order and Powell's check were made payable to the "Municipal Executive Committee."
¶ 3. The city clerk,
¶ 4. After the city clerk shared copies of this letter with the relevant parties and public officials, Miller immediately contacted the County Democratic Executive Committee. That committee approved Miller's candidacy and notified the Election Commission and city clerk of Miller's certification by letter on March 22. The County Executive Committee had not been aware of Miller's candidacy prior to the qualifying deadline, and did not notify the municipal clerk prior to the qualifying deadline that it would be acting as a temporary municipal executive committee.
¶ 5. The City requested an opinion from the Attorney General, asking whether, under these circumstances, Miller could
¶ 6. The Isola Municipal Election Commission met on May 24, 2013, and voted to accept the County Democratic Executive Committee's certification of Miller, in spite of the opinion from the Attorney General. The Commission issued a written statement, noting that the error was on the part of the clerk, that the lack of a (temporary) municipal executive committee would have been resolved prior to the qualifying deadline had a delay not been created by the documents having been mailed erroneously to the Secretary of State, and that Miller should not be penalized when she had done everything she thought was required to qualify.
¶ 7. Powell filed an Emergency Complaint for Writ of Mandamus, asking the circuit court:
Attached as exhibits to the petition were the letter from the Secretary of State returning the statements of intent and filing fees to the municipal clerk, the letter from the Humphreys County Democratic Executive Committee certifying Bobbie Miller as a candidate, the Attorney General's opinion offering that Miller was not a timely qualified candidate, and the Isola Municipal Election Commission's letter to the municipal clerk finding that Miller should be placed on the ballot.
¶ 8. The court held an emergency evidentiary hearing on May 30, 2013, the week before the election. The court heard the testimony of the municipal clerk, Bobbie Miller, and of the three members of the Municipal Election Commission. The trial court denied Powell's request for relief and permitted Miller to remain on the ballot. The court noted that Miller had done all she thought that she was required to do to qualify and should be permitted to run since the error was on the part of the city clerk. Miller won the election, which took place on June 4, 2013. Powell timely appeals to this Court. This Court denied Powell's motions to expedite the appeal.
¶ 9. Jurisdiction is a question of law this Court reviews de novo. Issaquena
¶ 10. We find that the circuit court lacked jurisdiction to hear Powell's challenge because Powell failed to properly appeal the Commission's decision by obtaining a bill of exceptions as provided for in Mississippi Code Section 11-51-75. Section 11-51-75 provides:
Miss.Code Ann. § 11-51-75 (Rev. 2012) (emphasis added).
¶ 11. This Court held that a municipal election commission is a "municipal authority" for purposes of section 11-51-75 in Town of Terry v. Smith, 48 So.3d 507 (Miss.2010). In Town of Terry, the Terry Municipal Election Commission disqualified a democratic candidate for mayor on a finding that the Democratic Executive Committee had been improperly formed, and, "[b]ecause there was `no committee in place to qualify him' and he had not qualified as an at-large candidate, [he] was, by extension, disqualified." Id. at 508.
Id. at 510-511. Similarly, here, the challenge is to a municipal election commission's decision regarding the timeliness of the candidate's qualification.
¶ 12. The bill of exceptions serves as the objective record of the proceedings below, and therefore must be examined and certified for authenticity by being signed and delivered to the circuit court by the authority who made the decision. The responsibility of a municipal authority when presented with a bill of exceptions is to review it, note any aspect of it that appears to be inaccurate or incomplete, and then sign it as the correct record for the circuit court to review. Reed v.
¶ 13. A petition for writ of mandamus is a procedural tool a party can seek unilaterally to prompt officials to perform their required duties when they fail to act. Hinds Cnty. Democratic Exec. Comm. v. Muirhead, 259 So.2d 692, 695-695 (Miss.1972).
¶ 14. The use of a writ of mandamus also was inappropriate in this case because Powell is not alleging a violation of his due-process rights or asserting an opportunity to be heard. Rather, his sole request for relief is a challenge to a discretionary decision the Commission made after very thorough consideration of Powell's position. In Wallace v. Town of Edwards, 118 So.3d 568 (Miss.2013), a potential candidate sought a writ of mandamus asking the circuit court to compel a municipal election commission to grant him a hearing and issue a ruling on his challenge to its successive rejection of his candidacy due to lack of sufficient signatures. A majority of the Court joined an order granting him relief. Three justices joined a separate statement disagreeing that the appellant had been denied an opportunity to be heard before the commission and that a bill of exceptions would have been the appropriate way to challenge the commission's decision to reject his multiple attempts to qualify.
¶ 15. The due-process challenge that split this court in Wallace is not present in this case. We note that, in this case, the Commission does not appear to have held a formal hearing in which Powell formally presented his case. However, Powell does not challenge the absence of a hearing or allege that proceeding before the Commission denied him due process. To the contrary, the record reflects that the parties had extensive transparent communication with each other and that the Commission
¶ 16. Finally, the procedural deficiency here cannot be considered harmless. A circuit court, sitting as an appellate court, should not hold an evidentiary hearing when considering a bill of exceptions. Falco Lime, Inc., v. Mayor and Aldermen of City of Vicksburg, 836 So.2d 711, 720 (Miss.2002). We have permitted harmless-error review where a circuit court erroneously held an evidentiary hearing when reviewing a bill of exceptions. Id. at 720-721 (holding that the evidentiary hearing was harmless error because sufficient evidence was in the bill of exceptions for the circuit court to have reached the same result as if the hearing had not taken place). But unlike Falco, the appeal here did not originate with a proper bill of exceptions. We decline to extend harmless-error review to the fundamental jurisdictional posture of the case. We decline to make it our task to review the petition and exhibits for retroactive authentication of the proceedings below.
¶ 17. Powell's petition for writ of mandamus was ineffective to appeal the Municipal Election Commission's decision that Miller should be placed on the ballot. The statutory method of appeal from the decision of a municipal authority is to obtain a bill of exceptions under Mississippi Code Section 11-51-75. We affirm the outcome of the circuit court's holding, but on the ground that the circuit court lacked jurisdiction to hear the challenge via a writ of mandamus. Because we affirm on jurisdictional grounds, we do not reach the merits of whether Miller's name should not have been permitted on the ballot when there was no Democratic Municipal Executive Committee in existence at the time of the qualifying deadline.
¶ 18.
WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, PIERCE, KING AND COLEMAN, JJ., CONCUR.