Bill Amendment: MS SB2587 | 2026 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: In-person absentee voting; to amend the process of.

Status: 2026-03-03 - Died In Committee [SB2587 Detail]

Download: Mississippi-2026-SB2587-Senate_Amendment_No_1.html

Pending

 

AMENDMENT NO 1 PROPOSED TO

 

Senate Bill No. 2587

 

BY: Senator(s) England

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


     SECTION 1.  Sections 1 through 6 of this act shall be known and may be cited as the "In-Person Absentee Voting Act."

     SECTION 2.  For purposes of this act, these words will have the following meanings, unless their context clearly suggests otherwise:

          (a)  "Election" means the period of time that is available for casting a final vote.  References to the time of an election or the duration of the election shall encompass, unless the context clearly indicates otherwise, the twenty-two-day period that has been designed for in-person absentee voting.

          (b)  "Polling place" or "voting precinct" means any place where a qualified elector votes during the in-person absentee voting period and on the actual election day.

     SECTION 3.  (1)  The in-person absentee voting period shall begin twenty-two (22) days before the date of each primary, general, runoff, special and municipal election for public office and continue until 12:00 p.m. on the Saturday immediately preceding the election day.  Any qualified elector with an excuse may vote during the times established for in-person absentee voting in this chapter in the office of the registrar in which the elector is registered to vote, in a government-owned or leased building that houses the office of the registrar or in a government-owned or leased building adjacent to the building that houses the office of the registrar.  No additional location for in-person absentee voting is permitted.

     (2)  If the registrar determines that the office of the registrar does not allow for sufficient space to conduct in-person absentee voting, the registrar may submit a written request to the board of supervisors for an alternate office, meeting room or court room to be made available to the registrar during the in-person absentee voting period for the purpose of conducting in-person voting, so long as the following conditions are met:

          (a)  The alternate office, meeting room or court room is in a building owned or leased by a government entity;

          (b)  The building houses the office of the registrar or is a building or annex adjacent to the building that houses the office of the registrar; and

          (c)  The board of supervisors and the registrar have requested and received a certification letter from the Secretary of State verifying that the alternate office, meeting room or court room is a valid and secure location for the purpose of conducting in-person absentee voting.

     (3)  In-person absentee voting shall be conducted in the office of the appropriate registrar, or alternate location, during regular business hours.  During the last full week preceding an election, the registrar may extend the office hours to accommodate in-person absentee voters to allow voting during the lunch period and until 7:00 p.m.  All registrar offices shall remain open from 8:00 a.m. until 12:00 p.m. for the two (2) Saturdays immediately preceding each election.

     (4)  Notice of the in-person absentee voting hours and location shall be given by the officials in charge of the election not less than eight (8) days before the in-person absentee voting period begins.  Such notice shall be posted in three (3) public places within the county or municipality, with one (1) place being the county courthouse in a county election or city hall in a municipal election.

     SECTION 4.  (1)  A qualified elector with a valid excuse who desires to vote during the in-person absentee voting period shall appear at the office of the appropriate registrar in the county or municipality in which the elector is a resident and registered to vote and shall present an acceptable form of photo identification.  Upon verification of the proper location, identity and reason for absentee voting, the elector shall be marked in the Statewide Elections Management System as "VOTED IPA," with the reason for voting absentee, sign the appropriate affidavit as printed by SEMS and cast his or her vote in the same manner that such vote would be cast on the day of the election.  Except as otherwise provided in Sections 1 through 6 of this act, the election laws that govern the procedures for a person who appears to vote on the day of an election shall apply when a person appears to vote during the in-person absentee voting period.

     (2)  The registrar shall maintain the affidavit for each in-person absentee vote in a secure location in accordance with the rules promulgated by the Secretary of State.

     (3)  A valid excuse for excused voting may be one (1) of the following:

          (a)  (PRESIDENTIAL APPLICANT ONLY:)  I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.

          (b)  I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.

          (c)  I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.

          (d)  I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.

          (e)  I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.

          (f)  I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.

          (g)  I am a citizen of Mississippi temporarily residing outside of the county of my residence during the in-person absentee voting period and on election day.

          (h)  I am an emergency response provider, deployed due to a state of emergency declared by the President of the United States or the governor of any state within the United States during the time period provided by state law for in-person absentee voting and on election day.

          (i)  I have a temporary or permanent physical

disability.

          (j)  I am sixty-five (65) years of age or older.

          (k)  I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.

          (l)  I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.

          (m)  I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime.

     (4)  All votes cast during the in-person absentee voting period shall be final.

     (5)  The votes cast during the in-person absentee voting period shall be tabulated and announced simultaneously with all other votes cast on election day after the polls close at 7:00 p.m., and not before that time.

     SECTION 5.  Each political party, candidate or any representative of a political party or candidate pursuant to Section 23-15-577, shall have the right to be present at the office of the appropriate registrar when it is open for in-person absentee voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law for challenging qualifications at the polling place on election day.  Each political party candidate or representative of a political party or candidate is limited to one (1) person to be present at the office of the appropriate registrar.

     SECTION 6.  (1)  The Secretary of State shall promulgate rules and regulations necessary to effectuate in-person absentee voting.

     (2)  The Secretary of State shall promulgate specific instructions for the security and integrity of the voting systems during the in-person absentee voting period.  All voting systems used under this section shall be maintained and locked in a secure location at the registrar's office, in a government-owned or leased building that houses the office of the registrar or in a government-owned or leased building adjacent to the building that houses the office of the registrar, each day after the close of in-person absentee voting hours.

     SECTION 7.  Section 23-15-625, Mississippi Code of 1972, is amended as follows:

     23-15-625.  (1)  The registrar shall be responsible for providing applications for absentee mail-in voting as provided in this section.  At least sixty (60) days before any election in which mail-in absentee voting is provided for by law, the registrar shall provide a sufficient number of applications.  In the event a special election is called and set at a date which makes it impractical or impossible to prepare mail-in applications for absent elector's ballot sixty (60) days before the election, the registrar shall provide applications as soon as practicable after the election is called.  The registrar shall fill in the date of the particular election on the application for which the application will be used. * * *  For voters appearing in person to cast an absentee vote, the application and elector certificate shall be printed on the absentee ballot envelope as provided in Section 23‑15‑659.

     (2)  The registrar shall be authorized to disburse applications for mail-in absentee ballots to any qualified elector within the county where he or she serves.  Any person who presents to the registrar an oral or written request for * * * an a mail-in absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote * * * by in-person absentee * * * ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose.  However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State.  The form shall provide a place for such person to place his or her mark after the form has been filled out by the registrar.

     (3)  It shall be unlawful for any person to solicit mail-in absentee ballot applications or mail-in absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173, unless the person soliciting the mail-in absentee ballot applications or mail-in absentee ballots is:

          (a)  A family member of the person staying in the skilled nursing facility; or

          (b)  A person designated by the person for whom the mail-in absentee ballot application or mail-in absentee ballot is sought, the registrar or the deputy registrar.

     As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.

     (4)  The registrar in the county wherein a voter is qualified to vote upon receiving by mail the envelope containing the mail-in absentee ballots shall keep an accurate list of all persons preparing such ballots.  The list shall be kept in a conspicuous place accessible to the public near the entrance to the registrar's office.  The registrar shall also furnish to each * * * precinct receiving and returning manager a list of the names of all persons in each respective precinct voting absentee by mail and during in-person absentee voting to be posted in a conspicuous place at the polling place for public notice.  The application on file with the registrar and the envelopes containing the mail-in ballots that voters mailed to the registrar shall be kept by the registrar in his or her office in a secure location.  At the time such boxes are delivered to the election commissioners or political party executive committee managers, the registrar shall also turn over a list of all such persons who have voted during in-person absentee voting and whose mailed ballots are in the registrar's office.

     (5)  The registrar shall also be authorized to mail one (1) application to any qualified elector of the county, who is eligible to vote by mail-in absentee ballot, for use in a particular election.

     (6)  The registrar shall process all applications for absentee ballots by using the Statewide Election Management System.  The registrar shall account for all absentee ballots delivered to and received by mail as well as those who voted absentee in-person from qualified voters by processing such ballots using the Statewide Election Management System.

     SECTION 8.  Section 23-15-627, Mississippi Code of 1972, is amended as follows:

     23-15-627.  (1)  Any elector described in Section * * * 23‑15‑713 23-15-715(b) may request an absentee ballot * * * application and vote * * * in person at the office of the registrar in the county in which he or she resides.  The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot.  Such form shall be printed on the absentee ballot envelope as provided in Section 23‑15‑659. by absentee ballot by mail.  Except as otherwise provided in Section 23-15-625, mail-in absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by mail-in absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request * * * an a mail-in absentee ballot application on behalf of the elector.  The written designation shall be valid for one (1) year after the date of the designation. * * * An  A mail-in absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his or her deputy in order to be used to obtain * * * an a mail-in absentee ballot.  A reproduction of * * * an a mail-in absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section.

     (2)  Such application shall be substantially in the following form for applications mailed to absentee electors:

"OFFICIAL APPLICATION FOR MAIL-IN ABSENT ELECTOR'S BALLOT

     I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):

     ( )  (PRESIDENTIAL APPLICANT ONLY:)  I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.

     ( )  I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.

     ( )  I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.

     ( )  I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.

     ( )  I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.

     ( )  I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.

 * * * ( )  I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.

( )  I will be outside the county on election day.

     ( )  I am a citizen of Mississippi temporarily residing outside of the county of my residence during the in-person absentee voting period and on election day.

     ( )  I am an emergency response provider, deployed due to a state of emergency declared by the President of the United States or the governor of any state within the United States during the time period provided by state law for in-person absentee voting and on election day.

     ( )  I have a temporary or permanent physical disability.

     ( )  I am sixty-five (65) years of age or older.

     ( )  I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.

     ( )  I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.

 * * * ( )  I am required to be at work on election day during the times when the polls will be open or I am required to be on‑call on election day during the times when the polls will be open.

     ( )  I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime.

     I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.

     Mail 'Absent Elector's Ballot' to me at the following address ____________.

     ( )  I wish to receive an absentee ballot for the runoff election ___________________________________________.

     Notify me of a problem with my 'Absent Elector's Ballot' at the following:

          Phone number: _____________________________

          Email address: ____________________________

          Mailing address: __________________________

     I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law.  (This sentence is to be in bold print.)

     If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting.  You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.

     DO NOT SIGN WITHOUT READING.  (This sentence is to be in bold print.)

     IN WITNESS WHEREOF, I have hereunto set my hand and seal this the ____ day of ______, 2___.

                          _________________________________

                          (Signature of absent elector)

     SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.

                          _________________________________

                        (Official authorized to administer oaths

                          for absentee balloting.)

     TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:

     I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.

                          _________________________________

                          (Signature of witness)

     CERTIFICATE OF DELIVERY

     I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.

                   __________________________________________

                   (Signature of person delivering application)

                   __________________________________________

                   (Address of person delivering application)"

 * * * (3)  The application  printed on the front of the absentee ballot envelope for absentee voters appearing before the registrar shall be substantially in the following form:

"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT

I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):

( )  (PRESIDENTIAL APPLICANT ONLY:)  I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.

( )  I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.

( )  I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.

( )  I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.

( )  I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.

( )  I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.

( )  I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.

( )  I will be outside the county on election day.

( )  I am a citizen of Mississippi temporarily residing outside of the county of my residence during the in‑person absentee voting period and on election day.

( )  I am an emergency first response provider, deployed due to a state of emergency declared by the President of the United States or the Governor of any state within the United States during the time period provided by state law for in‑person absentee voting and on election day.

( )  I have a temporary or permanent physical disability.

( )  I am sixty‑five (65) years of age or older.

( )  I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.

( )  I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.

( )  I am required to be at work on election day during the times when the polls will be open or I am required to be on‑call on election day during the times when the polls will be open.

( )  I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime.

I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.

Notify me of a problem with my 'Absent Elector's Ballot' at the following:

  Phone number: _____________________________

  Email address: ____________________________

  Mailing address: __________________________

I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law.  (This sentence is to be in bold print.)"

     SECTION 9.  Section 23-15-713, Mississippi Code of 1972, is amended as follows:

     23-15-713.  For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if the elector falls within at least one (1) of the following categories:

 * * *  (a)  Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his or her absence from the county of his or her voting residence on the date of any primary, general or special election, or the spouse and dependents of that student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his or her voting residence, with such student, teacher or administrator.

          ( * * *ba)  Any qualified elector who is required to be away from his or her place of residence on any election day due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.

          ( * * *cb)  Any qualified elector who is away from his or her county of residence on election day for any reason.

          ( * * *dc)  Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others.

          ( * * *ed)  The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day.

          ( * * *fe)  Any person who is sixty-five (65) years of age or older.

          ( * * *gf)  Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.

          ( * * *hg)  Any qualified elector who * * * will be unable to vote in person because he or she is required to be at work on election day during the times when the polls will be open or any qualified elector who will be required to be on‑call is temporarily residing outside of their county of residence during the in-person absentee voting period and on election day during the times when the polls will be open.

          (h)  I anticipate being at work on election day during the time when the polls will be open or I anticipate being on-call on election day during the time when the polls will be open.

          (i)  An emergency response provider, deployed due to a state of emergency declared by the President of the United States or the governor of any state within the United States during the time period provided by state law for in-person absentee voting and on election day.

          ( * * *ij)  Any qualified elector who is incarcerated in prison or jail in the county where he or she is registered to vote and has not been convicted of a disenfranchising crime.

     SECTION 10.  Section 23-15-715, Mississippi Code of 1972, is amended as follows:

     23-15-715.  Any elector described in Section 23-15-713 and desiring * * * an a mail-in absentee ballot as provided in this * * * subarticle section may secure same if * * *:

  (a)  Not more than within forty-five (45) days * * * nor later than 12:00 noon, on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days, he or she shall appear in person before the registrar of the county in which he resides, or for municipal elections he shall appear in person before the city clerk of the municipality in which he or she resides and, when the elector so appears, he or she shall execute and file an application as provided in Section 23‑15‑627 and vote by absentee ballot before any election, but not less than seven (7) days before the election, such elector applies for a mail-in absentee ballot as provided in the provisions of this act. * * *  If the absentee ballot has not been printed by forty‑five (45) days preceding the election, the elector may appear and file an application anytime before the election.  Then the absentee ballot shall be mailed by the registrar to the elector as soon as the ballot has been printed.

  (b)  Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence and such parent, spouse or dependent will be with such person on election day, may make application for an absentee ballot by mailing the appropriate application to the registrar.  Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her  residence, and such parent, spouse or dependent will be with such person on election day, may obtain absentee ballots by mail under the provisions of this subsection and as provided by Section 23-15-713.  Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. * * *  The All applications, other than those of persons having a temporary or permanent physical disability, shall * * * not be sworn to and subscribed before an official who is authorized to administer oaths or another official authorized to witness absentee balloting as provided in this chapter.  The applications of persons having a temporary or permanent physical disability are not required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older.  The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.

      * * *  (c)  Except when the voter has requested a runoff ballot on the initial absentee ballot application, upon request for a runoff ballot pursuant to Section 23-15-719, the registrar shall mail together the absentee ballot application and the absentee ballot to the absent voter for the runoff election.

     SECTION 11.  Section 23-15-719, Mississippi Code of 1972, is amended as follows:

     23-15-719.  (1)  Except where the registrar has already mailed a ballot with an application, upon receipt of a properly completed application form by an elector qualified to vote absentee as provided in this article, the registrar shall mail the absent voter an absentee ballot within one (1) business day, or as soon as the absentee ballot is prepared and available, containing the names of all the candidates and propositions, if any, to be voted on in the election.  The registrar shall include with the absentee ballot an official envelope that complies with the provisions of Section 23-15-635, as well as information to comply with Section 23-15-641(3) related to the status of the elector's ballot.

     (2) * * *  When an absentee voter appears before the registrar to vote, the registrar shall identify the applicant by requiring him or her to present identification as required by Section 23‑15‑563, and shall then deliver the ballot to the applicant in the registrar's office.  After the applicant has properly marked the ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her by the registrar.

After the absentee voter has sealed the envelope, he or she shall ensure the absentee application on the front of the envelope is complete and shall subscribe and swear to an affidavit.  The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot:

"STATE OF MISSISSIPPI

COUNTY OF ___________

I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the resolution board to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.

I further swear that I marked the enclosed ballot in secret.

        _______________________

        (Signature of voter)

SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.

        (Registrar) _______________________

         (Registrar)"

After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.  Ballots requested under Section 23-15-713(f) shall be mailed to the voter's address outside of the county in which he or she is registered.

 * * * (3)  If the voter has received assistance in marking his or her ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot:

"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE

(To be completed only if the voter has received assistance in marking the enclosed ballot.)  I hereby certify that the above‑named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot.  I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.

    ___________________________________________

    Signature of person providing assistance

    ___________________________________________

    Printed name of person providing assistance

    ___________________________________________

    Address of person providing assistance

    ___________________________________________

    Date and time assistance provided

    ___________________________________________

    Family relationship to voter (if any)"

(4)  The envelope used pursuant to this section shall not contain the form prescribed by Section 23‑15‑635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following:  "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS ENVELOPE."

A portion of the voter's signature extending outside of the box shall not be grounds for rejecting that voter's ballot.

(5)  The registrar shall not personally hand‑deliver ballots to voters, except to those who personally appear in the registrar's office to absentee vote.

     SECTION 12.  Section 23-15-639, Mississippi Code of 1972, is amended as follows:

     23-15-639.  (1)  The examination and counting of all absentee ballots shall be conducted as follows:

          (a)  At the opening of the regular balloting and at the opening of the polls, the resolution board established under Section 23-15-523 and trained in the process of canvassing absentee ballots shall first take the envelopes containing the absentee ballots of such electors from the secure location at the registrar's office, and the name, address and precinct inscribed on each envelope shall be announced by the resolution board.

          (b) * * *  (i)  For mail-in absentee ballots * * * that were received by mail, the signature on the application shall then be compared with the signature in the box on the back of the envelope.  A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot.  If it corresponds and the affidavit, if one (1) is required, and is sufficient and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.

 * * *   (ii)  For absentee ballots that were cast in person in the registrar's office, the resolution board shall confirm that the voter completed the application on the front of the envelope and signed the elector's certificate in the box on the back of the envelope.  If it is signed and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall be opened and the absentee ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.

          (c)  Having observed and found the ballot to be regular as far as can be observed from its official endorsement, the resolution board shall deposit it in the ballot box with the other ballots before counting any ballots and enter the voter's name in the receipt book provided for that purpose.  All absentee ballots received prior to 7:00 p.m. the day * * * before of the election shall be counted in the registrar's office by the resolution board when the polls close and then added to the votes cast in each precinct. * * *  All absentee ballots received after 7:00 p.m. the day before  the election but not later than the fifth business day after the election shall be processed by the resolution board.

     (2)  The resolution board shall also take such action as may be prescribed by the Secretary of State to ensure compliance with the identification requirements of Section 23-15-563.

     (3)  The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.

     SECTION 13.  Section 23-15-651, Mississippi Code of 1972, is amended as follows:

     23-15-651.  The results of the vote by in-person absentee balloting shall be announced simultaneously with the vote cast on election day * * * ; provided that absentee ballots received after 7:00 p.m. the day before the election shall be kept in a secured and sealed ballot box, and shall be announced after the five‑business‑day period for receiving absentee ballots.

     SECTION 14.  Section 23-15-697, Mississippi Code of 1972, is brought forward as follows:

     23-15-697.  When the absentee ballot has been voted and the envelope sealed, signed and certified to as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar.

     Hand-delivery of ballots to a voter or from a voter shall be prohibited, and the use of drop boxes or other mechanisms to submit a completed absentee ballot other than by mail or common carrier, shall be prohibited.

     SECTION 15.  Section 23-15-659, Mississippi Code of 1972,  which creates and discusses the requirements for absentee ballot  envelopes, is hereby repealed.

     SECTION 16.  Section 23-15-633, Mississippi Code of 1972, is amended as follows:

     23-15-633. * * *  (1)  On any envelope where the elector's signature and the signature of the attesting witness are required, the signature lines and the signatures shall be in the boxes across the flap of the envelope to ensure the integrity of the ballot and the following shall be printed on the flap on the back of the envelope in bold print and in a distinguishing color:  "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS ENVELOPE."

     A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot.

 * * * (2)  For in‑person absentee ballot envelopes, the form of the envelope shall comply with the provisions of Section 23‑15‑659.

     SECTION 17.  This act shall take effect and be in force from and after January 1, 2027, and shall stand repealed on December 31, 2026.


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO CREATE THE "IN-PERSON ABSENTEE VOTING ACT"; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE IN-PERSON ABSENTEE VOTING PERIOD SHALL BEGIN 22 DAYS BEFORE THE ELECTION AND CONTINUE UNTIL 12:00 P.M. ON THE SATURDAY IMMEDIATELY PRECEDING THE ELECTION; TO PROVIDE THAT IN-PERSON ABSENTEE VOTING SHALL BE FOR EACH PRIMARY, GENERAL, RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO PROVIDE THE HOURS FOR IN-PERSON ABSENTEE VOTING IN THE REGISTRAR'S OFFICE DURING REGULAR BUSINESS HOURS; TO PROVIDE EXTENDED HOURS TO VOTE DURING THE LAST FULL WEEK PRECEDING AN ELECTION; TO PROVIDE THE APPROPRIATE LOCATIONS FOR IN-PERSON ABSENTEE VOTING TO TAKE PLACE; TO PROVIDE THAT NOTICE OF IN-PERSON ABSENTEE VOTING SHALL BE PROVIDED IN THREE PUBLIC PLACES EIGHT DAYS BEFORE THE VOTING BEGINS; TO PROVIDE THE PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE IN-PERSON EXCUSED VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE QUALIFICATIONS OF A VOTER DURING THE IN-PERSON ABSENTEE VOTING PERIOD; TO AMEND SECTION 23-15-639, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT MAIL-IN BALLOTS BE ANNOUNCED BY THE RESOLUTION BOARD; TO BRING FORWARD SECTION 23-15-697, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO REPEAL SECTION 23-15-659 MISSISSIPPI CODE OF 1972, TO REMOVE THE ABSENTEE BALLOT ENVELOPE REQUIREMENTS FOR IN-PERSON ABSENTEE VOTERS; TO AMEND SECTIONS 23-15-625, 23-15-627, 23-15-713, 23-15-715, 23-15-651, 23-15-719 AND 23-15-633, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.


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