Bill Text: MS HB1241 | 2026 | Regular Session | Engrossed
Bill Title: Election results; require Secretary of State to develop centralized, statewide election night reporting system.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-03-11 - Died On Calendar [HB1241 Detail]
Download: Mississippi-2026-HB1241-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Apportionment and Elections
By: Representative Sanford
House Bill 1241
(As Passed the House)
AN ACT TO REQUIRE THE SECRETARY OF STATE TO DEVELOP A CENTRALIZED, STATEWIDE ELECTION NIGHT REPORTING SYSTEM; TO REQUIRE ELECTION OFFICIALS TO SUBMIT PERIODIC ELECTION NIGHT RESULTS; TO REQUIRE REAL-TIME ELECTION RESULTS TO BE AVAILABLE TO THE PUBLIC THROUGH THE WEBSITE OF THE SECRETARY OF STATE; TO BRING FORWARD SECTIONS 23-15-597, 23-15-599, 23-15-601 AND 23-15-613, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Secretary of State shall develop and maintain a centralized, statewide election night reporting system to facilitate the collection and public accessibility of real-time updates on election results. The system shall be designed to receive periodic electronic reports of results from election officials across the state, thereby enhancing transparency in the electoral process.
(2) The Secretary of State shall promulgate rules and regulations concerning period reporting on election night, which rules and regulations shall require election officials to:
(a) Submit an initial report of election results no later than one (1) hour after the polls close;
(b) Submit additional election result reports after the initial report no later than thirty (30) minutes after the preceding report until such time that all votes have been recorded; and
(c) Immediately notify the Secretary of State if it is not possible for local election officials to comply with the time requirements of this subsection.
(3) The chair of the board of election commissioners, or his designee, shall be responsible for making timely reports to the Secretary of State until such time that all votes have been recorded. For this extra duty, the official or employee shall be compensated, in addition to all other compensation to which the individual is entitled, One Hundred Fifty Dollars ($150.00) per election night.
(4) Data submitted through the election night reporting system must be made available to the public instantaneously through the website for the Secretary of State. The system must be designed to update the election night results as each additional report is submitted by the election officials and to tabulate results for each office being decided in the election.
(5) The provisions of this section are not applicable to municipal elections.
SECTION 2. Section 23-15-597, Mississippi Code of 1972, is brought forward as follows:
23-15-597. (1) The county executive committee shall meet no later than one (1) week from the day following each primary election to receive and canvass the returns that must be made within the time fixed by law for returns of general elections and declare the result, and announce the name of the nominees for county and county district offices and the names of those candidates to be submitted to the second primary. The vote for state, state district offices and legislative offices shall be tabulated by precincts and certified to and returned to the State Executive Committee, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six (36) hours after the returns are canvassed and the result ascertained. The State Executive Committee shall meet one (1) week from the day following the first primary election held for state, state district offices and legislative offices, and shall proceed to canvass the returns and to declare the result, and announce the names of those nominated for the different offices in the first primary and the names of those candidates whose names are to be submitted to the second primary election. The State Executive Committee shall also meet one (1) week from the day on which the second primary election was held and receive and canvass the returns for state and district offices, if any, and legislative offices, if any, voted on in the second primary. An exact and full duplicate of all tabulations by precincts as certified under this section shall be filed with the circuit clerk of the county who shall safely preserve the same in his or her office.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the State Executive Committee and the Secretary of State of the existence of the agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the State Executive Committee and the Secretary of State of the existence of the agreement.
SECTION 3. Section 23-15-599, Mississippi Code of 1972, is brought forward as follows:
23-15-599. (1) (a) Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the chairman of the state executive committee shall transmit to the Secretary of State a tabulated statement of the party vote cast in each county and precinct in each county in each state and state district election, and each legislative election for districts consisting of more than one (1) county or parts of more than one (1) county. The statement shall be transmitted by the state executive committee on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the chairman of the state executive committee, which shall read as follows:
"I _______________, Chairman of the _________ Party State Executive Committee, do hereby certify that, on a majority vote of the ________ Party State Executive Committee, these vote totals for each county and for each candidate are the official vote totals for the election reflected therein."
(2) (a) Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the county executive committee shall transmit to the Secretary of State a tabulated statement of the party vote cast in their county and each precinct in their county in each election for county and county district office and each election for legislative office for districts containing one (1) county or less. The statement shall be transmitted by the county executive committee on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the majority of the members of the county executive committee, which shall read as follows:
"We, the undersigned members of the county executive committee, do hereby certify that these vote totals for each candidate are the official vote totals for the election reflected therein."
SECTION 4. Section 23-15-601, Mississippi Code of 1972, is brought forward as follows:
23-15-601. (1) When the result of the election shall have been ascertained by the poll managers they, or one (1) of their number, or some fit person designated by them, 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. If it appears that two (2) or more candidates for Representative of the county, or part of the county standing highest on the list, and not elected, have an equal number of votes, the interested candidates shall appear before the election commissioners 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. The foregoing provisions shall apply to Senators, if the county be a senatorial district.
(2) The election commissioners shall transmit to the Secretary of State, on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State, a statement of the total number of votes cast in the county for each candidate for each office and the total number of votes cast for such candidates in each precinct in the district in which the candidate ran.
SECTION 5. Section 23-15-613, Mississippi Code of 1972, is brought forward as follows:
23-15-613. (1) As used in this section "residual votes" means overvotes, undervotes and any other vote not counted for any reason.
(2) For every election, election commissions and county and municipal executive committees shall report to the Secretary of State residual vote information; however, if the voting devices utilized in the election do not produce a ballot, other information shall be reported as required in this section.
(3) For every election, election commissions and county and municipal executive committees responsible for the conduct of elections in which ballots are generated that are counted by hand or by OMR equipment or the tabulating mechanism of a DRE unit shall report to the Secretary of State all residual votes for all candidates and ballot measures in the elections for which they are responsible for conducting. The residual vote reports shall:
(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;
(b) Include any suggested explanation or suspected cause of the residual votes;
(c) Include a copy of a voided official ballot for the election as such ballot appeared to voters at the election and copies of voided affidavit and absentee ballots if they are different from the official ballot;
(d) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected; and
(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was used in the election.
(4) For every election, election commissions and county and municipal executive committees responsible for the conduct of election in which voting devices are used that do not generate ballots that are counted by hand or by OMR equipment or the tabulating mechanism of a DRE unit, shall file a report with the Secretary of State which shall:
(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;
(b) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected;
(c) Include in the report any anecdotal information obtained concerning voter problems with the voting equipment or ballot layout;
(d) Include in the report any suggested explanation or suspected cause of any difference in the amount of total voter turnout and the number of counted votes for candidates for various offices; and
(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was used in the election.
(5) Not later than January 31 of the year following the election, the Secretary of State shall submit a report to the Governor, Lieutenant Governor and Speaker of the House of Representatives analyzing the reports required to be filed pursuant to this section. The analysis shall include the following:
(a) The performance of each voting device type used in the election;
(b) Any problems with voter or poll worker instructions or ballot design and layout that have been identified as a result of analyzing the reports received;
(c) Recommendations for reducing the number of residual votes reported; and
(d) Such other information as the Secretary of State deems beneficial.
(6) The reports required pursuant to this section shall be in such form as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 6. This act shall take effect and be in force from and after July 1, 2026, and shall stand repealed on June 30, 2026.
