Bill Text: MS HB1446 | 2026 | Regular Session | Introduced

Mississippi House Bill 1446

Introduced

Bill Title: Robert G. Clark, Jr., Voting Rights Act of Mississippi; create.

Sponsorship: Partisan Bill (Democrat 22)

Status: (Failed) 2026-02-03 - Died In Committee [HB1446 Detail]

Download: Mississippi-2026-HB1446-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Apportionment and Elections

By: Representatives Summers, Crudup, Karriem, Anthony, Nelson, Scott, Brown, Watson, Banks, Johnson, Clark, Hulum, Hines, Crosby, Anderson (110th)

House Bill 1446

AN ACT TO BE KNOWN AS THE "ROBERT G. CLARK, JR., VOTING RIGHTS ACT OF MISSISSIPPI"; TO DECLARE CERTAIN FINDINGS; TO DEFINE CERTAIN TERMS; TO PROHIBIT POLITICAL SUBDIVISIONS AND STATE AGENCIES FROM ENGAGING IN VOTER SUPPRESSION; TO CREATE THE MISSISSIPPI VOTING RIGHTS COMMISSION AND PROVIDE FOR ITS MEMBERSHIP; TO REQUIRE THE IMPLEMENTATION OF CERTAIN POLICIES BY POLITICAL SUBDIVISIONS TO BE PRECLEARED BY THE COMMISSION; TO ESTABLISH PROTECTIONS FOR LIMITED ENGLISH PROFICIENT INDIVIDUALS AND VOTERS WITH DISABILITIES; TO REQUIRE THE COMMISSION TO ESTABLISH, IN AGREEMENT WITH CERTAIN STATE UNIVERSITIES, THE MISSISSIPPI VOTING AND ELECTIONS DATABASE AND INSTITUTE; TO PROHIBIT ACTS OF INTIMIDATION, DECEPTION AND OBSTRUCTION THAT AFFECT VOTERS' RIGHT TO PARTICIPATE IN ELECTIONS; TO REQUIRE POLITICAL SUBDIVISIONS TO PROVIDE ADVANCE NOTICE OF CHANGES TO ELECTION POLICIES; TO REQUIRE LAWS AND REGULATIONS OF THE STATE AND POLITICAL SUBDIVISIONS TO BE LIBERALLY CONSTRUED; TO AUTHORIZE AGGRIEVED INDIVIDUALS AND THE ATTORNEY GENERAL TO BRING ACTIONS FOR VIOLATIONS UNDER THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Robert G. Clark, Jr., Voting Rights Act of Mississippi".

SECTION 2. The Legislature finds that in order to advance the protections for the right to vote under the Mississippi Constitution of 1890 and the United States Constitution; the guarantees of equal protection, freedom of expression, and freedom of association under the Mississippi Constitution of 1890 and United States Constitution; to protect against the suppression, dilution and abridgment of voting rights on account of race, color or membership in a language minority group; and to honor and advance the legacy of Robert G. Clark, Jr., the first Black member of the Mississippi Legislature elected after Reconstruction, it is the public policy of this State to:

(a) Encourage participation in the elective franchise by all eligible voters to the maximum extent; and

(b) Ensure that eligible voters have an equal opportunity to participate in the political processes of this state and to exercise the elective franchise without denying or abridging that opportunity on account of race, color or membership in a language minority group.

SECTION 3. As used in this act, the following words and phrases have the meanings provided in this section unless the context clearly requires otherwise:

(a) "Election policy or practice" means a qualification to be a voter, prerequisite to voting, method of election, or any other law, statute, ordinance, resolution, charter or code provision, regulation, rule, policy, practice, procedure, standard, or any other action with respect to voting, electoral or jurisdictional boundaries, or the administration or schedule of elections.

(b) "Governing body" means the entity with official authority to make and enforce decisions, policies and laws for a political subdivision.

(c) "Limited English proficient individuals" or "LEP individuals" means individuals who self-report speaking, reading or understanding the English language less than "very well," according to the United States Census Bureau data or data of comparable quality collected by a governmental entity, including as self-reported by such persons to a governmental entity.

(d) "Method of election" means the manner or mechanism by which candidates are elected to a governmental body of a political subdivision, including any at-large, district-based, proportional, semi-proportional or other method of election, as well as a districting or redistricting plan used to elect candidates to the governmental body.

(e) "Polling location" means a location designated by the county or municipality for the casting of ballots, including, but not limited to, election day voting sites and absentee voting sites.

(f) "Political subdivision" means a county, municipality, jurisdiction, school district, election commission, circuit clerk or other governmental entity in which elections are conducted or that administers elections, or the staff or agents of such entity.

(g) "Protected class" means a group of individuals who are members of a race, color or language minority, including, but not limited to, a class of two or more such groups, and includes individuals who are members of a minimum reporting category that has been officially recognized by the United States Census Bureau.

(h) "Racially polarized voting" means voting in which there is a divergence in the candidate preferences, political preferences, or electoral choices of members in a protected class, including the combined preferences of a class comprised of two or more groups of voters, from the candidate preferences, political preferences, or electoral choices of members of another class or set of classes.

(i) "Disability" has the same meaning used in the Americans with Disabilities Act, 42 USC Section 12102.

(j) "Qualifying school" means a public or private school accredited by a United States territory or the Commonwealth of Puerto Rico in which the predominant classroom language is other than English.

(k) "Vote" or "voting" means all action necessary to make a vote effective in any primary, special or general election, including, but not limited to, registration or other action required by law prerequisite to voting, casting a ballot by any method permitted by law, including any method available as a remedy under this act, and having such ballot counted properly and included in the appropriate totals of votes received.

SECTION 4. (1) A political subdivision or state agency may not engage in voter suppression as set forth in this section.

(a) A political subdivision or state agency may not implement, impose or enforce an election policy or practice that results in, is likely to result in, or is motivated in whole or in part by the intent to result in, voter suppression.

(b) A violation of paragraph (a) is established if the following is present:

(i) A material disparity affecting protected class members in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process as a result of the policy or practice; or

(ii) Based on the totality of circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process.

(c) There is no violation under paragraph (b)(i) if the political subdivision or state agency demonstrates by clear and convincing evidence that:

(i) The election policy or practice is necessary to significantly further a compelling and particularized governmental interest; and

(ii) There is no reasonable alternative election policy or practice that comparably furthers the compelling and particularized governmental interest and results in a smaller disparity between protected class members and other members of the electorate.

(d) A violation also may be established through direct or circumstantial evidence of intentional discrimination; however, evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is never required under subsection (1)(b).

(2) A political subdivision may not engage in vote dilution as set forth in this subsection.

(a) A political subdivision may not employ any method of election that has the effect, will likely have the effect, or is motivated in part by the intent, of diluting the vote of protected class members.

(b) A violation of paragraph (a) is established if:

(i) 1. Elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or

2. Based on the totality of circumstances, the equal opportunity or ability of protected class members to nominate or elect candidates of their choice is impaired; and

(ii) Another method of election or change to the existing method of election exists that could be constitutionally adopted or ordered under Section 11(f) would likely mitigate the impairment.

(c) A violation also may be established through direct or circumstantial evidence of intentional discrimination; however, evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is never required under subsection (2)(b).

(3) A political subdivision may not engage in vote dilution as set forth in this subsection.

(a) As required by Section 5 of the Mississippi Constitution of 1890, which declares that "All political power is vested in, and derived from, the people; all government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole," and Section 240 of the Mississippi Constitution of 1890, which declares that "All elections by the people shall be by ballot," in any redistricting plan under Section 254 of the Mississippi Constitution of 1890, the districts shall be configured in such a way as to provide adequate representation to protected classes protected by federal and state law. Therefore, as explained in paragraph (b), no senatorial districts and representative districts shall be drawn such that the redistricting plan has the effect, or is motivated in part by the intent, of impairing the opportunity or ability of members of a protected class to participate in the political process and elect or nominate candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of such protected class members. The requirements imposed by this paragraph are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting senatorial and representative districts, including, but not limited to, the federal Voting Rights Act of 1965 and the Mississippi Constitution of 1890.

(b) A redistricting plan under Section 254 of the Mississippi Constitution of 1890 for senatorial districts and representative districts violates this subsection if:

(i) 1. Elections in one or more senatorial or representative districts exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or

2. Based on the totality of the circumstances, the equal opportunity or ability of protected class members to nominate or elect candidates of their choice or otherwise influence the outcome of elections is impaired; and

(ii) One or more reasonably configured alternative redistricting plans exist which would cure or mitigate the impairment described in subparagraph (i) by providing members of a protected class an equal opportunity or ability to nominate and elect candidates of their choice. For any such reasonably configured alternative redistricting plan, it is not necessary to show that members of a protected class comprise a majority in any such districts.

(4) Subsections (1) through (3) are evaluated subject to the guidelines and rules enumerated below.

(a) To evaluate the totality of circumstances under subsections (1)(b)(ii), (2)(b)(i)1 or (3)(b)(i)2:

(i) The following factors may be relevant:

1. The history of discrimination with respect to the protected class at issue;

2. The extent to which members of the relevant protected class are disadvantaged or otherwise bear the effects of public or private discrimination in areas such as education, employment, health, criminal justice, housing, transportation, land use or environmental protection;

3. The use of any election policy or practice that may enhance the discriminatory or dilutive effects of the relevant election policy or practice or method of election in the political subdivision;

4. The extent to which members of the relevant protected class vote or register to vote at lower rates;

5. The extent to which members of the relevant protected class have historically made campaign contributions at lower rates;

6. The extent to which candidates who are members of the relevant protected class members have faced hostility or barriers with respect to campaigning, getting on the ballot, receiving financial support, or receiving any other support for an election;

7. The use of overt or subtle racial appeals, whether in the course of political campaigns or by government officials, including racial appeals made in public discourse or in connection with the adoption or maintenance of the election policy or practice;

8. The extent to which the members of the relevant protected class have been elected to office;

9. The lack of responsiveness by elected officials to the particular needs of members of the relevant protected class or a community of members of the relevant protected class;

10. Whether the election policy or practice is necessary to significantly further a compelling and particularized governmental interest;

11. The process that led to the adoption of the election policy or practice; and

12. Other factors deemed relevant.

(ii) No set number or combination of these factors must be met to determine that a violation occurred.

(iii) There is no requirement that evidence must affect all individuals or groups within a protected class to be relevant.

(iv) For alleged violations pertaining to a particular political subdivision or senatorial or representative district, evidence of these factors may be deemed more probative if it relates to the political subdivision or senatorial or representative district in which the alleged violation occurred, but evidence related to the state or the geographic region in which that political subdivision or senatorial or representative district is located may also be probative. The fact that similar or worse circumstances may exist in other political subdivisions or district does not reduce the probative value of the evidence relevant to the particular political subdivision or district.

(b) To determine whether elections in the political subdivision or senatorial or representative district exhibit racially polarized voting under Section (2)(b)(i)1 or (3)(b)(i)2:

(i) Racially polarized voting is assessed based on the relevant election results, which may include, but are not limited to, elections for offices of the political subdivision or senatorial or representative district; elections held in the political subdivision or senatorial or representative district for other offices, such as state or federal offices; and other electoral choices that bear on the rights and privileges of the protected class.

(ii) No set number or combination of elections is required to establish the existence of racially polarized voting.

1. Evidence of nonpolarized voting in elections for offices outside the political subdivision or senatorial or representative district does not preclude a finding of racially polarized voting based on elections for offices of the political subdivision or senatorial or representative district.

2. Nonstatistical or nonquantitative evidence does not preclude a finding of racially polarized voting based on statistical or quantitative evidence.

3. Low or high turnout or registration rates among protected class members does not preclude a finding of racially polarized voting.

(iii) When assessing the combined candidate preferences, political preferences, or electoral choices of a protected class comprised of two or more groups of voters, there is no requirement that it be statistically shown that each group or subgroup be separately polarized from those of other voters.

(iv) The causes of racially polarized voting are not relevant, and the existence of alternative explanations, including partisan explanations, does not preclude a finding of racially polarized voting.

(i) The following circumstances are never relevant:

1. The absolute number or share of protected class members on whom the election policy or practice imposes a material burden is small;

2. The degree to which the election policy or practice has a long pedigree or was in widespread use at some earlier date;

3. The use of an identical or similar election policy or practice in other states or political subdivisions; or

4. The availability of forms of voting unimpacted by the election policy or practice.

(ii) A governmental interest in preventing voter fraud or bolstering voter confidence in the integrity of elections is irrelevant unless there is substantial evidence that criminal activity by individual electors has occurred in the political subdivision in substantial numbers and the connection between the election policy or practice and a state interest in preventing that type of criminal activity or bolstering voter confidence in the integrity of elections is supported by substantial evidence.

(iii) Whether protected class members typically elect candidates of their choice to the governing body in approximate proportion to their total number or share of the population may be relevant under Section 3(2).

(iv) For the purpose of satisfying Section 3(2), including in particular Section 3(2)(b)(ii), it is not necessary for the total number or share of protected class members to exceed any numerical threshold in any district or in the political subdivision as a whole.

(v) Upon finding a violation of this Section, notwithstanding any other law, a court must exercise its equitable powers to fashion relief so it completely remedies the dilution or suppression, which may include, but is not limited to, altering the method of election used by the political subdivision.

SECTION 5. (1) There is established the Mississippi Voting Rights Commission. The Mississippi Voting Rights Commission has the authority to promulgate rules under the Mississippi Administrative Procedures Law.

(2) (a) The commission shall consist of five (5) commissioners, each of whom shall serve staggered five-year terms.

(b) Commissioners shall be compensated for their time spent on commission business at an hourly rate based on the rate equivalent to an assistant attorney general.

(3) (a) A nominating committee shall be formed to identify qualified candidates to serve as members of the commission. The nominating committee shall be comprised of nominating organizations. Organizations may apply with the Secretary of State to be certified as a nominating organization for five-year terms, at which point organizations may be recertified. The Secretary of State must certify any organization that applies to be a nominating organization if the organization:

(i) Demonstrates commitment to the purpose of the commission by securing the voting rights of members of a protected class as defined by the commission, including, but not limited to, reference to members of a protected class in its mission statement, involvement in numerous voting rights cases brought within the state on behalf of members of protected classes, or involvement in advocacy in support of members of protected classes or the commission;

(ii) Has registered as a nonprofit corporation with the Secretary of State; and

(iii) Demonstrates continuous operation as a nonprofit organization under 26 USC Section 501(c)(3) or as a nonprofit corporation registered with the Secretary of State for at least five (5) years.

(b) If the Secretary of State fails to timely certify an organization that satisfies these qualifications following the organization's application to be certified as a nominating organization, the organization may file an action against the Secretary of State for a declaratory judgment certifying the organization as a nominating organization.

(d) If there are fewer than sixteen (16) nominating organizations certified by the Secretary of State, the nominating committee shall consist of all of the nominating organizations. If there are sixteen (16) or more nominating organizations certified by the Secretary of State, the nominating committee shall consist of sixteen (16) nominating organizations to be randomly selected from all nominating organizations on an annual basis.

(e) The nominating committee shall select its own chair to preside over meetings and voting.

(4) Commissioners shall be selected as follows:

(a) The nominating committee shall solicit applications to serve as a commissioner from across the state. A commissioner must meet all of the following criteria:

(i) Be a Mississippi resident.

(ii) Be a member of the Mississippi State Bar with at least five (5) years of legal experience.

(iii) Has demonstrated experience representing or advocating on behalf of members of protected classes.

(iv) Has not served in elected office within the previous five (5) years.

(v) Is not currently serving in any government office or holding any political party office.

(b) The nominating committee shall maintain a qualified candidate pool consisting of thirty (30) qualified candidates to serve on the commission. Individuals shall only be added to the qualified candidate pool upon a three-fifths (3/5) vote of the nominating committee. The size of the qualified candidate pool may be increased or decreased from thirty (30) qualified individuals by a three-fifths (3/5) vote of the nominating committee.

(c) All commissioners shall be randomly selected from the qualified candidate pool. Upon the initial formation of the commission, five (5) commissioners shall be randomly selected from the qualified candidate pool and randomly assigned to term lengths of five (5) years, four (4) years, three (3) years, two (2) years, and one (1) year. At least sixty (60) days before the conclusion of each commissioner's term, a new commissioner shall be randomly selected from the qualified candidate pool to serve a five-year term upon the conclusion of the current commissioner's term. Within thirty (30) days after a vacancy occurs on the commission, a new commissioner shall be randomly selected from the qualified candidate pool to complete the vacant term.

(f) The commission may hire staff and make expenditures as necessary to carry out its responsibilities.

SECTION 6. (1) The implementation of a covered policy, as defined in Section 5(3), by a covered political subdivision, as defined in Section 5(4), must be subject to preclearance by the Mississippi Voting Rights Commission pursuant to this section.

(2) The Mississippi Voting Rights Commission is responsible for administering this section.

(a) The Mississippi Voting Rights Commission must determine on a fixed date on an annual basis which political subdivisions are covered and publish a list of covered political subdivisions on its website no later than thirty (30) days after making such determinations.

(b) All coverage determinations must be made by the Mississippi Voting Rights Commission based on data provided by the Database and Institute pursuant to Section 7, or if no such data is available, from other reputable sources, including, but not limited to, the U.S. Census Bureau data from the American Community Survey and other federal or state offices. To the extent that necessary data is not available, the Mississippi Voting Rights Commission must base coverage determinations on estimates derived from available data using validated methodologies.

(c) The Mississippi Voting Rights Commission must give notice directly to each covered political subdivision and provide to them the corresponding requirements accompanying such coverage.

(d) The Mississippi Voting Rights Commission must promulgate rules to implement this section.

(3) A covered policy includes the following:

(a) Any new or modified election policy or practice.

(b) Any change in the powers, duties, responsibilities, jurisdiction, or authority of an elected official, or any action or policy that has the purpose or effect of diminishing, reassigning, or altering the functional role or influence of an elected official.

(4) Covered political subdivisions include:

(a) Any political subdivision that, at any point in the previous twenty-five (25) years, has been subject to a court order based upon a judicial finding of a qualifying violation or its factual predicate; or subject to a consent decree or court-approved settlement agreement in which a qualifying violation was conceded or stipulated by the political subdivision. A qualifying violation includes:

(i) A violation of this act, the federal Voting Rights Act, the 15th or 24th Amendment to the United States Constitution, a voting-related violation of the 14th Amendment to the United States Constitution, or any violation of any other state or federal election law, concerning discrimination against protected class members; or

(ii) A violation of any state or federal civil rights law or the 14th Amendment to the United States Constitution concerning a pattern, policy, or practice of discrimination against protected class members.

(b) Any political subdivision that, at any point in the last twenty-five (25) years, enacted or implemented a covered policy without obtaining preclearance for that policy pursuant to this section.

(c) Any political subdivision that contains at least one thousand (1,000) eligible voters of any protected class, or in which members of any protected class constitute at least ten percent (10%) of the eligible voter population of such political subdivision, and in which, at any point in the last ten (10) years, the percentage of voters of any protected class in a political subdivision which participated in any general election for any political subdivision office was at least ten (10) percentage points lower than the percentage of all voters in the political subdivision that participated in such election.

(d) Any political subdivision that contains at least one thousand (1,000) eligible voters of any protected class, or in which members of any protected class constitute at least ten percent (10%) of the eligible voter population of the political subdivision, and in which, at any point in the last ten (10) years, the percentage of eligible voters of that protected class who were registered to vote was at least ten (10) percentage points lower than the percentage of all eligible voters in the political subdivision who were registered to vote.

(e) Any political subdivision that contains at least one thousand (1,000) eligible voters of any protected class, or in which members of any protected class constitute at least ten percent (10%) of the eligible voter population of the political subdivision, and in which, at any point in the last ten (10) years, the poverty rate among the population of a protected class exceeded the poverty rate among the population of the political subdivision as a whole by at least ten (10) percentage points.

(f) Any political subdivision that contains at least one thousand (1,000) eligible voters of any protected class, or in which members of any protected class constitute at least ten percent (10%) of the eligible voter population of the political subdivision, and in which, at any point in the last ten (10) years, the arrest rate among members of such protected class exceeded the arrest rate among the population of the political subdivision as a whole by at least ten (10) percentage points.

(g) Any political subdivision that contains at least one thousand (1,000) eligible voters of any protected class, or in which members of any protected class constitute at least ten percent (10%) of the eligible voter population of the school district, and in which, at any point in the last ten (10) years, the percentage of eligible voters of that protected class who have a high school diploma was at least ten (10) percentage points lower than the percentage of all eligible voters in the political subdivision who have a high school diploma.

(h) Any political subdivision that, at any point in the last three (3) years, has failed to comply with obligations to provide data or information to the statewide database pursuant to Section 7.

(5) Preclearance submissions must be evaluated in accordance with the standard set forth in this section:

(a) Preclearance must be denied if:

(i) The covered policy is more likely than not to diminish the opportunity or ability of members of the protected class that provided a basis for preclearance to participate in the political process and, in order of priority: elect candidates of their choice; or otherwise influence the outcome of elections; or

(ii) The covered policy is more likely than not to violate this act with respect to claims that could be brought by members of the protected class that provided a basis for preclearance.

(b) If denial is not required under Section 5(5)(a), preclearance must be granted.

(c) Covered political subdivisions bear the burden of demonstrating that preclearance must be granted under this standard.

(6) Covered political subdivisions must obtain preclearance for covered policies in accordance with this section.

(a) Covered political subdivisions must submit covered policies to the Mississippi Voting Rights Commission in writing pursuant to procedures determined by the Mississippi Voting Rights Commission.

(b) The Mississippi Voting Rights Commission must ensure that preclearance submissions and any related materials that are submitted to the Mississippi Voting Rights Commission by covered political subdivisions or other interested parties are posted in a central location on its website in a timely fashion. The Mississippi Voting Rights Commission must ensure that members of the public have reasonable opportunity to review and submit comments for consideration by the Mississippi Voting Rights Commission before preclearance determinations are made.

(c) If the Mississippi Voting Rights Commission denies preclearance to a covered policy, the covered political subdivisions may not implement the covered policy. The Mississippi Voting Rights Commission must provide a written explanation for any denial.

(d) If the Mississippi Voting Rights Commission grants preclearance to a covered policy, the covered political subdivision may immediately implement the covered policy.

(e) A determination by the Mississippi Voting Rights Commission to grant preclearance is not admissible in, and may not be considered by, a court in any subsequent action challenging the covered policy. It does not preclude, bar or limit in any way any other claims that may be brought regarding the covered policy, including claims brought under other sections of this act.

Effective Date. This Section takes effect one year after the enactment of this Act.

SECTION 7. (1) The Mississippi Voting Rights Commission is responsible for administering this section.

(a) The Mississippi Voting Rights Commission must determine every two (2) years which political subdivisions meet the demographic threshold for language access coverage per the parameters of Section 6(2) and publish a list of covered political subdivisions and the languages for which they are required to provide language access on its website, no later than thirty (30) days after making such determinations.

(b) All coverage determinations must be made by the Mississippi Voting Rights Commission based on data from the Database and Institute produced and maintained pursuant to Section 10, or if no such data is available, from the U.S. Census Bureau data from the American Community Survey or other data of comparable quality collected by a public office. To the extent that necessary data is not available, the Mississippi Voting Rights Commission must base coverage determinations on estimates derived from available data using validated methodologies.

(c) The Mississippi Voting Rights Commission must give notice directly to each covered political subdivision specifying the language or languages for which the subdivision is covered, and the corresponding requirements accompanying such coverage.

(d) The Mississippi Voting Rights Commission must promulgate rules to implement this section.

(2) Political subdivisions will be required to implement language assistance programs when found to meet certain demographic thresholds for voting-eligible LEP individuals in accordance with this section.

(a) The Mississippi Voting Rights Commission must designate one or more languages, other than English, for which language assistance in voting and elections must be provided Tier 1 assistance as required in Section 6(3)(a) by a state agency or a political subdivision responsible for election administration if:

(i) More than two percent (2%), but in no instance fewer than two hundred (200) individuals, of the voting-eligible population of a political subdivision are members of a single language minority and are LEP individuals; or

(ii) More than five percent (5%) of the voting-eligible population of such political subdivision are members of a single language minority and are LEP individuals; or

(iii) In the case of a political subdivision that contains in whole or in part a Native American reservation or other Tribal land, more than two percent (2%) of the Native American voting-eligible population within the relevant Native American reservation or other Tribal land are members of a single language minority and are LEP individuals.

(b) If the voting-eligible population of any language minority group in one or more political subdivisions does not meet the criteria necessary for Tier 1 assistance in Section 6(2)(a), the Mississippi Voting Rights Commission must designate one or more languages, other than English, for which Tier 2 language assistance in voting and elections must be provided as required in Section 6(3)(b) by a state agency or a political subdivision responsible for election administration if it is determined that:

(i) More than one percent (1%), but in no instance fewer than one hundred (100) individuals, of the voting-eligible population of a political subdivision are members of a single language minority and are LEP individuals; or

(ii) More than three percent (3%) of the voting-eligible population of such political subdivision are members of a single language minority and are LEP individuals; or

(3) Political subdivisions covered under Section 6(2)(a) or Section 6(2)(b) must provide language assistance in accordance with the relevant subsection below. Compliance with this section requires materials and assistance to be provided in a way designed to allow voters who are members of a single language minority to be effectively informed of and participate effectively in voting-connected activities.

(a) A political subdivision required to provide Tier 1 language assistance in a particular language other than English pursuant to Section 6(2)(a) must ensure that each of the following forms of voting assistance is effectively translated and provided to LEP voters:

(i) Multilingual ballots � All official and sample ballots used on election day and for absentee or mail voting must be fully translated into the covered language and made available to voters in all voting locations and online.

(ii) Voter registration forms and instructions � All forms used for voter registration, including online, mail, and in-person registration, along with any explanatory materials, must be provided in the covered language.

(iii) Voting-related notices � All public notices relating to the electoral process, including notices about registration deadlines, polling location changes, voter education materials, and voting instructions that provide direction during the voting process must be fully translated and disseminated in the covered language to the same extent that English-language notices are made available, including, but not limited to, notices pursuant to Section 9.

(iv) Notice of in-language assistance availability � Signage identifying the availability of translated ballots, bilingual poll workers, and live over-the-phone interpretation services must be made available in the covered language on the political subdivision's website, at local elections offices, and at polling locations.

(v) In-person bilingual poll workers and interpreters � Covered political subdivisions must have sufficient trained bilingual poll workers or interpreters available at each in-person voting site to provide effective language assistance in the covered language to any voters who need it. Bilingual staff must be easily identifiable by LEP voters through prominently displayed badges or other identifying materials indicating their bilingual capabilities.

(vi) Bilingual staff � Each political subdivision must have a year-round bilingual staff member who is trained in its election and voting procedures and able to respond to questions, issues, and the needs of covered language speakers within the political subdivision.

(vii) Live interpretation services via telephone � Live language interpretation services by telephone, allowing voters to request and receive real-time assistance in the covered language during early voting, on election day, and for any voter-related inquiries year-round, must be provided.

(viii) Website � Any information relating to voter registration, polling locations, official ballots, or other voting-related materials and notifications provided on the website used by a political subdivision to share information related to elections and voting must be made available in the covered language.

(b) A political subdivision required to provide Tier 2 language assistance in a particular language other than English pursuant to Section 6(2)(b) must provide the following physical and online voting materials in the covered language:

(i) Sample ballots � Sample ballots must be translated into the covered language and made available at polling locations and online, if English-language sample ballots are provided online.

(ii) Voter registration forms and instructions � Voter registration forms and instructions must be provided in the covered language to the same extent and manner as made available in English, including direct mailings requested by a voter.

(iii) Polling location changes and relocation notices � Any notifications about polling location changes or relocations must be provided in the covered language and disseminated in the covered language to the same extent that English-language notices are made available.

(iv) Notice of in-language assistance availability � In-language signage identifying the availability of covered language sample ballots and live over-the-phone interpretation services must be made available on the political subdivision's website, a local elections office, and at polling locations during voting periods.

(v) Live interpretation services via telephone � The board of elections or political subdivision must provide live language interpretation services by telephone, allowing voters to request and receive real-time assistance in the covered language during early voting, on election day, and for any voter-related inquiries year-round.

(c) Where a state agency creates, produces, or disseminates relevant physical or online electoral and voting materials for or to political subdivisions subject to the requirements of this section, the State must also comply with the requirements of this section.

(4) For covered languages that do not have a written form or for which use of the written form is limited, the subdivision shall provide recordings of oral translations or provide taglines or signage indicating how to access oral translations of required written assistance.

(5) No voter who has attended a qualifying school may be denied the right to vote in any state or local election because of their inability to read, write, understand, or interpret any matter in the English language.

(6) The Mississippi Voting Rights Commission must establish a review process under which the Mississippi Voting Rights Commission must determine, upon receipt of a request submitted under this subsection, whether a significant and substantial need exists in a political subdivision for a language to be designated for additional language access and assistance in voting and elections whenever such a need has not been found under Section 6(2).

(a) Such process must include, at a minimum:

(i) An opportunity for any individual or entity aggrieved by a failure to provide such assistance to submit a request for the Mississippi Voting Rights Commission to consider designating a new language for coverage or providing additional in-language services. Individuals or entities aggrieved by such failure are those who have standing as defined by Section 11(1).

(ii) A timeline specifying when requests for additional in-language services may be submitted to be considered timely for the next election; and

(iii) Consideration of the following:

1. Community-based evidence indicating the need for in-language services including, but not limited to, school enrollment data, public health or social service records, language-specific outreach from community-based organizations, and other reliable evidence.

2. Testimony or affidavits from individuals or entities representing or serving the language minority community, including impacted voters.

3. Evidence of structural, procedural, or informational barriers that disproportionately impact LEP voters in the language group, including low turnout rates, high provisional ballot use, or lack of access to translated materials.

(b) Upon receipt of any such request, the Mississippi Voting Rights Commission must:

(i) Respond in writing within fourteen (14) days of receipt of any such request;

(ii) Provide an opportunity for public comment following the publication of a proposed determination; and

(iii) Must issue a written decision that includes all factors considered. All final decisions shall be published on the designated authorities website.

(c) Implementation of newly granted language services must correspond to the next scheduled election in the relevant covered political subdivision. If a request is granted too close to an election to allow for meaningful implementation, the designation shall take effect for the following election.

(7) All materials and notices provided by a political subdivision as required by this section in a particular language other than English must be of an equal quality to the corresponding English-language materials and produced at the same time as the corresponding English-language materials. All provided translated materials must convey the intent and essential meaning of the original English-language text or communication. Translated materials produced solely by automated translation services are presumed to be insufficient to completely convey intent and essential meaning.

(8) Political subdivisions providing language services in accordance with this section must hold public meetings to solicit feedback about the quality of all materials and services provided in a particular language other than English and barriers to voting and registration for LEP voters and communities. These meetings must be advertised at least two (2) months in advance, held at a time and location generally convenient for the majority of the electorate, and include live translation services in any covered language. Election administrators must develop effective recruitment practices for bilingual staff and poll workers based on community feedback from such meetings.

(a) Political subdivisions covered under Section 6(2) must hold such a meeting at least twice per year.

(b) Political subdivisions providing language services in accordance with Section 6(6) must hold such meetings following elections in which language services are provided, but shall not be required to hold such meetings more than once per year.

(9) Any voter who requires assistance at any stage of the voting process, by reason of blindness, disability, or inability to read, write, or understand any aspect of the voting process, has the right to receive assistance from any person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.

SECTION 8. (1) Within one (1) year of passage of this act, the Mississippi Voting Rights Commission must select and enter into an agreement with one or more universities in this state to create and administer the Mississippi Voting and Elections Database and Institute ("Database and Institute"). The parties to such agreement must enter into a memorandum of understanding that sets forth the governance structure for the Database and Institute within the university or universities.

(2) The mission of the Database and Institute is to collect, archive, and make publicly available at no cost an accessible database pertaining to elections, voter registration, and ballot access in this state; to foster, pursue, and sponsor research on existing laws and regulations; and to support and enable the development of best practices in voting and elections by leveraging data.

(3) The Database and Institute must maintain and make publicly available in an electronic machine-readable format all relevant election and voting data and records from at least the previous 12-year period, including, but not limited to, the following:

(a) Precinct-level election results, including absentee ballots, by voters registered broken out by precinct, registration data, and turnout data for all elections, including elections at the federal level, state level, and for every political subdivision, and, where available, any such data at the sub-precinct level;

(b) District, precinct, and, where available, sub-precinct division maps in an electronic geospatial format designated by the Database and Institute for all elections conducted in the state, including federal or state elections, and for every political subdivision;

(c) Current and historical data on the location, dates of availability, and hours of availability of polling locations and other election offices that provide services to voters for every election in every political subdivision in this state;

(d) Information concerning the elected offices and electoral structure of each political subdivision, including, but not limited to, the method of election or selection for each elected office, the name, title, and contact information for each current elected official, the commencement and expiration dates of each term of office and the date on which each office is next scheduled for election, and any additional information the Database and Institute deems necessary to accurately describe the governing and electoral structure for each political subdivision;

(e) Any notice letter received by a political subdivision pursuant to this act and any public filings, including in litigation, made by a political subdivision in connection with this act; and

(f) Any other data that is maintained by the state or political subdivisions that the Database and Institute considers necessary to maintain in furtherance of its mission.

(4) The Database and Institute must produce, maintain, and make publicly available in an electronic machine-readable format any other data or data products in furtherance of its mission, including, but not limited to, the following:

(a) Estimates of the total population, voting age population, and citizen voting age population by racial, color, or language-minority group, broken down to the precinct level, on a year-by-year basis, for every political subdivision in this state, based on existing sources of data from the United States Census Bureau, American Community Survey, or existing sources of data of comparable quality collected by a public office.

(b) Estimates of limited English proficient populations, broken down by language spoken and by political subdivision level, on a year-by-year basis, for every political subdivision in this state, based on data from the United States Census Bureau, American Community Survey, or data of comparable quality collected by a public office.

(c) Relationship files following any changes to precinct boundaries or numbers, to enable apportioning election results under past precinct boundaries to current precinct boundaries, analogous to relationship files provided by the U.S. Census Bureau.

(d) List maintenance records, including records of voters purged or placed on the inactive list, as well as records of voter and/or state-initiated challenges to voter eligibility.

(e) Post-election challenges, including, but not limited to, challenges to voter eligibility at ballot counting, challenges to ballots being counted, challenges to the certification of the election results, post-election audit reports, and/or any recounts.

(f) Any data or estimates identified by the Mississippi Voting Rights Commission as necessary to make coverage determinations under Section 3(3).

(5) In addition to maintaining the public database, the Database and Institute may do any of the following:

(a) Conduct classes both for credit and noncredit;

(b) Organize interdisciplinary groups of scholars to research voting and elections in this state;

(d) Assist in the dissemination of election data to the public; or

(e) Publish reports, books, and periodicals as the Database and Institute considers appropriate on voting and elections in this state.

(6) The Database and Institute must prepare any estimates made under this section by applying the most advanced, peer-reviewed, and validated methodologies available. In preparing any estimates under this section, the Database and Institute must apply validated methodologies and engage with impacted communities to adjust estimates for documented inaccuracies, errors, or biases, including, but not limited to, population miscounts or exclusions, in data from the United States Census Bureau or American Community Survey.

(7) The data, information, and estimates maintained by the Database and Institute are entitled to a presumption of authenticity and constitute judicially noticeable facts.

(8) All state agencies and political subdivisions must provide the Database and Institute with any information requested by the Database and Institute in the format requested by the Database and Institute and consistent with any deadlines imposed by the Database and Institute.

(9) The Database and Institute will provide nonpartisan technical assistance to political subdivisions, scholars, and the public seeking to use its resources.

(10) If any political subdivision receives a request for documents under state open records laws, the political subdivision is not required to fulfill such request if:

(a) The political subdivision has provided the requested documents to the Database and Institute;

(b) The requested documents have been made publicly available by the Database and Institute; and

(c) The political subdivision informs the requestor in writing that the requested documents are available from the Database and Institute and provides in their written answer directions for accessing the specifically requested materials through the Database and Institute.

(11) No later than ninety (90) days following the end of each state fiscal year, the Database and Institute must publish a report on its activities.

SECTION 9. (1) No person, whether acting under color of law or otherwise, may engage in or attempt to engage in acts of intimidation, deception, or obstruction that affect the right of voters to participate in elections.

(2) Violations of this section include, but are not limited to, the following:

(a) A person uses, threatens to use, or attempts to use any force, violence, restraint, abduction or duress, or inflicts, threatens to inflict, or attempts to inflict any injury, damage, harm, or loss, or in any other manner practices or attempts to practice intimidation that causes or will reasonably have the effect of causing any person to vote or refrain from voting;

(b) A person uses or attempts to use any deceptive or fraudulent device, contrivance, or communication, regarding the time, place, or manner of conducting an election or the qualifications for or restrictions on voter eligibility for an election, with reckless disregard for the truth, that impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any person, or that causes or will reasonably have the effect of causing any person to vote or refrain from voting; or

(c) A person obstructs, impedes, or otherwise interferes, or attempts to obstruct, impede, or otherwise interfere with access to any polling location or elections office, or with any voter in any manner that causes or would reasonably have the effect of causing any delay in voting or the voting process, including the canvassing, certification, and tabulation of ballots.

(3) A person who violates this section or who aids in the violation of this section shall be liable for any damages awarded by the court, including nominal damages for any violation and compensatory or punitive damages for any willful violation.

(4) Nothing in this section, nor in its enforcement pursuant to Sections 12(6) and 12(7), shall be construed to prohibit any activity protected under the Constitution of the United States.

SECTION 10. (1) All political subdivisions must provide advance notice of any new or modified election policy or practice to the Mississippi Voting Rights Commission prior to implementation as follows:

(a) All political subdivisions must provide notice to Mississippi Voting Rights Commission a minimum of sixty (60) days prior to implementing any changes to government boundaries, method of election, or district maps.

(b) All political subdivisions must provide notice to the Mississippi Voting Rights Commission a minimum of fifteen (15) days prior to implementing any changes to the location, dates of availability, and hours of availability of polling locations and other election offices that provide services to voters.

(c) All political subdivisions must provide notice to the Mississippi Voting Rights Commission a minimum of thirty (30) days prior to implementing any other new or modified election policy or practice.

(2) The Mississippi Voting Rights Commission must publish all advance notices provided by political subdivisions in a centralized, publicly accessible location on its website.

(3) This section provides minimum notice requirements and does not supplant or override notice required by other laws or authorities.

(4) Notwithstanding Section 9(3), any political subdivision that complies with Section 9(1) is not required to meet any local publication requirements beyond publishing notice on its own website.

(5) The Mississippi Voting Rights Commission must promulgate rules under the Mississippi Administrative Procedures Law to implement this section, including, but not limited to, the minimum time period of advance notice required prior to implementation of each type of new or modified election policy or practice, standards and procedures for the temporary implementation of election policies and practices notwithstanding the timelines in this Section in response to an officially declared emergency or disaster, the required form and manner of notice submission by political subdivisions, and civil penalties for political subdivisions that fail to comply with this Section.

SECTION 11. Any provision of state law, regulation, charter, home rule ordinance, or other enactment of the state or any political subdivision relating to voting or the right to vote must be construed liberally in favor of the factors listed below. To the extent courts are afforded discretion on any issue, including, but not limited to, questions concerning discovery, procedure, admissibility of evidence, or remedies, it is the policy of the state that courts must exercise that discretion, and weigh other equitable discretion, in favor of the following factors:

(a) Making voting, the fundamental right to vote, and the ability to participate in the democratic process more accessible to eligible voters;

(b) Safeguarding and vindicating, to the fullest extent possible by law, the voting rights of protected class members, including, but not limited to, equitable access to opportunities to register to vote and vote, and the equal opportunity to elect candidates of choice; and

SECTION 12. (1) An action to cure a violation of this act may be brought by any individual or entity aggrieved by a violation of this act or by the Attorney General.

(a) An entity aggrieved by a violation of this act includes, but is not limited to, any entity:

(i) Whose membership includes individuals aggrieved by a violation of this act; or

(ii) Whose mission would be frustrated by a violation of this act, including, but not limited to, an entity that would expend or divert resources to fulfill its mission as a result of such violation or who must expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation.

(b) An entity must not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.

(c) This section must be construed liberally to confer standing as broadly as the Mississippi Constitution of 1890 permits.

(2) Except as provided in Section 11(2)(e), before filing an action against a political subdivision under this act, a party described in Section 11(1), except for the Attorney General, must send a notice letter to the political subdivision identifying the potential violation(s) and the type of remedy the party believes may address the potential violation(s). The party may not file an action within fifty (50) days after sending the notice letter.

(a) The political subdivision may work with the party that provided notice to implement a remedy that cures the potential violation(s). If the legislative body of the political subdivision adopts a resolution identifying a remedy, affirming its intent to enact and implement a remedy, and establishing a timeline and specific steps it will take to do so, the party may not file an action within one hundred twenty (120) days after sending the notice letter.

(b) In response to a notice letter, the political subdivision may adopt a resolution denying that a violation exists, or otherwise formally deny a violation, which will abrogate the 50-day waiting period described in Section 11(2) and permit the party who sent a notice letter to file an action immediately.

(c) If, under the laws of this state, the legislative body of a political subdivision lacks authority to enact or implement a remedy identified in such a resolution, the political subdivision may nonetheless enact and implement a proposed remedy upon approval of a court of suitable jurisdiction.

(d) Following the party's submission of a notice letter, the party may file an action if the political subdivision has not enacted or implemented a remedy within the time periods designated by this subsection or the political subdivision has enacted or implemented a remedy that would not remedy the violation identified in the party's notice letter.

(e) A party with standing pursuant to Section 11(1) may file an action against a political subdivision under this act notwithstanding this subsection if:

(i) The party is seeking preliminary relief with respect to an upcoming election;

(ii) Another party has already submitted a notice letter alleging a substantially similar violation, and that party is eligible to file an action under this section; or

(iii) The prospect of obtaining relief under Section 11(2)(a) would be futile.

(3) An action to enforce this act may be brought in the Circuit Court of the First Judicial District of Hinds County, Mississippi.

(4) Judicial actions concerning preclearance and language access. Actions concerning Sections 5 or 6 may only be filed under the following circumstances:

(a) A political subdivision that has been designated as a covered political subdivision under Sections 4(4) or 5(2) may challenge the determination within thirty (30) days of its publication in accordance with applicable state law governing challenges to agency action, including the applicable standard of review of such actions. Such actions may only be filed by the covered political subdivision and intervention is not permitted.

(b) Any party, as defined in Section 11(1), that is aggrieved by the exclusion of a political subdivision from the list of covered political subdivisions under Sections 5(4) or 6(2) may file an action to challenge the exclusion of a political subdivision. Such actions are subject to a three-year statute of limitations, accruing from the date of any coverage determinations under Sections 5(4) or 6(2), and are subject to a de novo standard of review.

(c) Any denial of preclearance by the Mississippi Voting Rights Commission under Section 5(6)(d) may be appealed only by the covered political subdivision within thirty (30) days of the denial in accordance with applicable state law governing challenges to agency action, including the applicable standard of review of such actions. Such actions may only be filed by the covered political subdivision and intervention is not permitted.

(d) Any party, as defined in Section 11(1), that is aggrieved by a determination by the Mississippi Voting Rights Commission to grant preclearance to a covered policy under Section 5(7)(e) may file an action to challenge the determination to grant preclearance. Such actions are subject to a de novo standard of review.

(e) If the Mississippi Voting Rights Commission fails to discharge any of its responsibilities under this act or any other action necessary to enforce a provision of this act, any party, as defined in Section 11(1), that is aggrieved by this failure may file an action seeking appropriate relief, including, but not limited to, any injunctive relief on the Mississippi Voting Rights Commission or any other party to the action that is necessary to enforce this act. Such actions are subject to a de novo standard of review.

(5) Actions brought pursuant to this act must be subject to expedited pretrial and trial proceedings and receive an automatic calendar preference.

(6) In any action alleging a violation of this act in which a party seeks preliminary relief with respect to an upcoming election, a court must grant relief if it determines that:

(a) Plaintiffs are more likely than not to succeed on the merits; and

(b) It is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election.

(7) Upon finding a violation of any provision of this act, a court must order appropriate remedies notwithstanding any other law.

(a) The court has authority to order remedies that are tailored to best mitigate the violation, including any and all forms of preliminary and injunctive relief. The court may consider, among others, any remedy that is available to a federal court or the court of another state jurisdiction, including through a court-approved consent decree or settlement adopted in the context of similar facts or to remedy a similar violation.

(b) The court must consider proposed remedies by any parties and interested nonparties.

(d) A remedy ordered under this section must be implemented in the next relevant election, scheduled or ordered, wherever possible.

(8) This act provides rights and remedies under state law to enforce state constitutional rights or statutory rights and does not enforce any rights established under the U.S. Constitution or federal law. Nothing in this act may be construed to create a cause of action under federal law. Persuasive use of relevant federal legal standards, precedents, or evidentiary frameworks to aid in the interpretation or application of this act should not be construed to give rise to a federal question. Moreover, use of such federal legal standards, precedent, or evidentiary frameworks may be persuasive, but is not necessary to the interpretation or application of this act.

(9) Defendants in actions under this act may not assert the doctrine of laches as a defense to claims brought under this act. Political subdivisions may not assert that plaintiffs have failed to comply with any notice, exhaustion, or other procedural requirements under state law, other than the requirements in this section, as a defense to claims brought under this section.

(10) In any action to enforce any provision of this act, a prevailing plaintiff party, other than the State or a political subdivision, is entitled to recover all reasonable costs and fees from the defendant party. Costs and fees include, but are not limited to, attorneys' fees, expert witness fees, and all other litigation or pre-litigation fees and costs.

(a) A plaintiff will be deemed to have prevailed in an action when, as a result of a suit or notice letter pursuant to Section 9(2), the defendant party yields some or all of the relief sought in the action.

(b) If the state or political subdivision prevails in an action under this act, the Court may not award the defendant party any fees or costs unless the court finds the action to be frivolous, unreasonable, or without foundation.

(11) This act is severable. If any provision of this act or its application to any person or circumstance is held invalid, such invalidity must be applied as narrowly as possible and the remaining provisions and applications must remain in effect to the fullest extent possible.

(12) To the extent any provision of this act, including any legal standard, requirement, or any part thereof, may be construed or applied in a manner that is unconstitutional or otherwise invalid, such provision must be construed or applied in the manner that preserves its validity and is most consistent with the purposes set forth in Sections 1 and 10.

(13) In any action under this act or any other voting-related violation of state or federal law, no sovereign, governmental, executive, legislative, or deliberative immunities and privileges, including any evidentiary privileges, may be asserted. However, this section has no effect on any attorney-client or attorney work-product privileges.

SECTION 13. All sections of this act other than Sections 6, 7 and 8 shall take effect and be in force from and after July 1, 2026. Sections 6, 7 and 8 of this act shall take effect and be in force from and after July 1, 2027.