Bill Text: MS HB1443 | 2024 | Regular Session | Introduced
Bill Title: Mandatory recount of votes; provide for in certain situations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1443 Detail]
Download: Mississippi-2024-HB1443-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representative Ladner
House Bill 1443
AN ACT TO PROVIDE THAT THE SECRETARY OF STATE, OR THE CIRCUIT CLERK IN THE CASE OF A COUNTY ELECTION, OR THE MUNICIPAL CLERK IN THE CASE OF A MUNICIPAL ELECTION, SHALL CONDUCT, IN A METHOD DIFFERENT FROM THE ORIGINAL COUNT, A RECOUNT OF ALL VOTES CAST FOR ANY OFFICE OR BALLOT QUESTION IN ANY ELECTION IF CERTAIN DIFFERENCES EXIST; TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULE AND REGULATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Secretary of State, or the circuit clerk in the case of a county election, or the municipal clerk in the case of a municipal election, shall conduct, in a method different from the original count, a recount of all votes cast for any office or ballot question in any election if the official tabulation of all of the returns for that office or question reveals that the difference in:
(a) The number of votes cast for a candidate apparently qualified for the general election ballot or elected to office and the number of votes cast for the closest apparently defeated opponent; or
(b) The number of votes cast in the affirmative for the ballot question and the number of votes cast in the negative for the ballot question, including when applicable, the tabulation of blank votes, is equal to or less than two hundred fifty (250) votes or one percent (1%) of the total number of votes cast for the contest, whichever is greater.
(2) No candidate shall be charged for the cost of a mandatory recount under this section.
(3) All mandatory recounts of votes under this section shall be completed and the results publicly announced no later than seventy-two (72) hours after the closing of polls on election day.
(4) If the original vote count was done using optical mark reading equipment, the mandatory recount of votes shall be performed by a manual hand count of paper ballots.
(5) The Secretary of State may promulgate rules and regulations as necessary to effectuate the provisions of this section, including:
(a) Authorizing candidates affected by the recount, or their designated representatives, to attend and witness the recount; and
(b) Notifying the parties described in paragraph (a) of the time and place of the recount no later than one (1) day before the date of the recount.
(6) A recount conducted pursuant to this section shall not be considered a contest for cause subject to Section 23-15-911 through 23-15-963.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
