Bill Text: MS HB1510 | 2022 | Regular Session | Introduced
Bill Title: Elections; revise procedures regarding voter roll maintenance.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2022-04-14 - Approved by Governor [HB1510 Detail]
Download: Mississippi-2022-HB1510-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Apportionment and Elections
By: Representatives Powell, Shanks, Wallace
House Bill 1510
AN ACT TO CREATE NEW SECTION 23-15-615, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO AUDIT ELECTION PROCEDURES IN THE COUNTIES OF THE STATE; TO PROVIDE THE INFORMATION THAT EACH REGISTRAR SHALL BE REQUIRED TO SUBMIT TO THE SECRETARY OF STATE; TO PROVIDE WHEN AN AUDIT SHALL BE COMPLETED; TO REPEAL SECTION 23-15-613, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ELECTION COMMISSIONS AND COUNTY AND MUNICIPAL EXECUTIVE COMMITTEES SHALL REPORT RESIDUAL VOTE INFORMATION TO THE SECRETARY OF STATE; TO BRING FORWARD SECTION 23-15-531.1, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO CREATE NEW SECTIONS 23-15-617, 23-15-617.1, 23-15-617.2, 23-15-617.3, 23-15-617.4 AND 23-15-617.5, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE PROCEDURES FOR A RISK-LIMITING AUDIT; TO PROVIDE WHICH STATEWIDE ELECTIONS SHALL BE SUBJECT TO A RISK-LIMITING AUDIT; TO PROVIDE WHEN A MANUAL RECOUNT OF ELECTION RESULTS SHALL BE NECESSARY; TO PROVIDE WHEN AND WHERE THE RESULTS OF A RISK-LIMITING AUDIT SHALL BE AVAILABLE; TO CREATE A PILOT PROGRAM TO TEST THE PROCESS FOR CONDUCTING A RISK-LIMITING AUDIT BEFORE IT IS FULLY IMPLEMENTED; TO AMEND SECTION 23-15-153, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTION COMMISSIONERS TO RECEIVE A PER DIEM OF $100.00 FOR CONDUCTING AN ELECTION RECOUNT; TO AMEND SECTION 23-15-5, MISSISSIPPI CODE OF 1972, TO REVISE THE MONIES THAT ARE DEPOSITED INTO THE ELECTIONS SUPPORT FUND; TO REVISE HOW THE MONIES IN THE ELECTIONS SUPPORT FUND ARE DISTRIBUTED AND FOR WHAT PURPOSES THEY ARE SPENT; TO AMEND SECTION 23-15-603, MISSISSIPPI CODE OF 1972, TO EXTEND THE DEADLINE THAT ELECTION COMMISSIONERS HAVE FOR SUBMITTING INFORMATION RELATED TO THE ELECTION RESULTS WHEN A MANUAL ELECTION RECOUNT IS REQUIRED; TO CREATE NEW SECTION 23-15-823, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A CANDIDATE OR ELECTED OFFICIAL HAS BEEN RESTRICTED BY A SOCIAL MEDIA PLATFORM, THE COMPANY THAT OPERATES THE SOCIAL MEDIA PLATFORM SHALL BE REQUIRED TO SUBMIT A REPORT DISCLOSING THE ACTION TO THE SECRETARY OF STATE; TO CREATE NEW SECTION 23-15-395, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS FOR THE REVIEW, CERTIFICATION AND DECERTIFICATION AND IMPLEMENTATION OF ALL VOTING SYSTEMS; TO AMEND SECTION 23-15-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM SHALL BE COMPARED TO CERTAIN IDENTIFICATION DATABASES TO ENSURE NON-UNITED STATES CITIZENS ARE NOT REGISTERED TO VOTE; TO PROVIDE THE NOTIFICATION REQUIRED WHEN A NON-UNITED STATES CITIZEN IS FOUND TO BE REGISTERED TO VOTE; TO PROVIDE THE DOCUMENTATION THAT MUST BE SUBMITTED AS PROOF OF CITIZENSHIP; TO AMEND SECTION 23-15-165, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO CREATE NEW SECTION 23-15-152, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ELECTOR WHO FAILS TO RESPOND TO A CONFIRMATION NOTICE AND WHO FAILS TO VOTE DURING A CERTAIN PERIOD OF TIME SHALL BE PURGED FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; TO PROVIDE DEFINITIONS FOR "CONFIRMATION NOTICE" AND "FAILS TO RESPOND TO THE CONFIRMATION NOTICE"; TO PROVIDE THOSE REGISTERED VOTERS WHO SHALL RECEIVE CONFIRMATION NOTICES; TO PROVIDE THAT A REGISTERED VOTER WHO IS MAILED A CONFIRMATION NOTICE SHALL BE PLACED ON INACTIVE STATUS IN THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM BUT SHALL BE ABLE TO VOTE BY AFFIDAVIT BALLOT; TO PROVIDE THE TIME FOR REMOVAL OF VOTER REGISTRATION RECORDS; TO PROVIDE FOR THE RETENTION OF REMOVED VOTER REGISTRATION RECORDS; TO AMEND SECTION 23-15-125, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 23-15-615, Mississippi Code of 1972:
23-15-615. (1) The Secretary of State shall be authorized to audit election procedures in the counties of this state. The Secretary of State may, in order to fulfill the requirements of this section, enter into an agreement with a third-party for the conduction of a post-election audit.
(2) The registrar of each county shall, within ten (10) days after a primary, general or special election, submit to the Secretary of State the following information:
(a) The total number of voters marked as VOTED in the pollbook of each precinct in the county;
(b) The sum of the total number of voters who signed the receipt book at the polling place on election day and the total number of voters who cast an absentee ballot;
(c) The total number of ballots received by the poll managers from local election officials;
(d) The sum of the total number of paper ballots voted on election day, the number of unused ballots and the number of spoiled ballots;
(e) The total number of electronic ballots cast; and
(f) The total number of ballots cast.
(3) If a discrepancy meets or exceeds the threshold set forth in subsection (4), the Secretary of State may conduct an audit in that county.
(4) A discrepancy occurs if the difference between the reported totals in subsection (2) meets or exceeds:
(a) One (1), if the total number of total votes cast in a precinct is not more than twenty (20).
(b) Two (2), if the total number of total votes cast in a precinct is:
(i) More than twenty (20); but
(ii) Not more than forty (40).
(c) Three (3), if the total number of total votes cast in a precinct is:
(i) More than forty (40); but
(ii) Not more than sixty (60).
(d) Four (4), if the total number of total votes cast in a precinct is:
(i) More than sixty (60); but
(ii) Not more than eighty (80).
(e) Three percent (3%) of the total number of total votes cast, rounded up to the nearest whole number, if the total number of votes cast in a precinct is:
(i) More than eighty (80); but
(ii) Not more than five hundred (500).
(f) Fifteen (15), if the total number of total votes cast in a precinct is more than five hundred (500).
(5) The Secretary of State shall randomly select and audit each county over a four-year period. The audit shall not begin more than thirty (30) days before and not later than ninety (90) days after the regularly scheduled general or special election. No county shall be selected for audit if that county has been audited in the last four (4) years unless an audit is triggered pursuant to subsection (2) of this section. The Secretary of State shall select the precinct(s) to be audited in each county.
(6) The Secretary of State shall not conduct an audit under this section at any precinct where an election occurred and that election is being challenged as provided in Sections 23-15-927, 23-15-951 or 23-15-955. Any documents, materials, notes or communications used to prepare the reports required in subsection (7) of this section shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(7) (a) Not later than one hundred twenty (120) days after the date of the election that the Secretary of State is auditing, the Secretary of State shall post a report of any completed audit on the official website of the Secretary of State. The registrar of the affected county may post the results of the completed audit on the official website of the county.
(b) Not later than one hundred fifty (150) days after 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 subsection (2) of this section.
(c) If, while conducting an audit, the Secretary of State determines that more time is needed to complete the audit, he or she may certify that such need exists and post the certification to the website of the Secretary of State.
(8) The Secretary of State shall promulgate any rules and regulations as necessary to effectuate the provisions of this section.
SECTION 2. Section 23-15-613, Mississippi Code of 1972, which provides that election commissions and county and municipal executive committees shall report residual vote information to the Secretary of State, is repealed.
SECTION 3. Section 23-15-531.1, Mississippi Code of 1972, is brought forward as follows:
23-15-531.1. (1) The board of supervisors of each county and the governing authorities of each municipality are hereby authorized and empowered, in their discretion, to purchase or rent DRE units that meets the requirements of subsection (2) of this section and may use such system in all or a part of the precincts within its boundaries. The provisions of this chapter shall be controlling with respect to elections in which a DRE unit is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable, shall apply.
(2) No DRE unit shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit the voter to verify, in a private and independent manner, the votes selected by the voter on the ballot before the ballot is cast and counted;
(b) Provide the voter with the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is cast and counted, including, but not limited to, the opportunity to correct the error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct any error;
(c) If the voter votes for more candidates for a single office than are eligible for election:
(i) Notify the voter that he or she has selected more candidates for that office than are eligible for election;
(ii) Notify the voter before his or her vote is cast and counted of the effect of casting multiple votes for such an office; and
(iii) Provide the voter with the opportunity to correct the ballot before the ballot is cast and counted;
(d) Produce a permanent paper record with a manual audit capability;
(e) Have the capability to print the ballots cast by electors;
(f) Be accessible for individuals with disabilities, including, but not limited to, nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters. This requirement may be satisfied through the use of at least one (1) DRE unit or other voting unit equipped for individuals with disabilities at each polling place;
(g) Provide alternative language accessibility pursuant to the requirements of the Voting Rights Act of 1965; and
(h) Have a residual vote rate in counting ballots attributable to the voting system and not to voter error that complies with error rate standards established under the voting system standards issued by the Federal Election Commission in effect as of October 29, 2002.
SECTION 4. The following shall be codified as Section 23-15-617, Mississippi Code of 1972:
23-15-617. The provisions of Sections 23-15-617 through 23-15-617.5 shall apply to an election that:
(a) Occurs from and after August 31, 2026, except as otherwise provided in Section 23-15-617.5;
(b) Contains an elective office or measure that is voted on statewide; and
(c) Uses an auditable voting system as described in Section 23-15-617.4.
SECTION 5. The following shall be codified as Section 23-15-617.1, Mississippi Code of 1972:
23-15-617.1. (1) Not later than twenty-four (24) hours after all of the ballots have been counted in an election, the election commissioners, in conjunction with the registrar, shall conduct a risk-limiting audit for a selected statewide elective office or measure.
(2) The Secretary of State shall select, in accordance with rules adopted by the secretary, the statewide elective office or measure to be audited.
(3) The election commissioners, in conjunction with the registrar, shall complete the audit before the certification of the election pursuant to Section 23-15-603.
(4) If the results of the audit determine that the ballots cast in the election do not meet the risk-limiting threshold established as provided in Section 23-15-617.2, the election commissioners shall conduct a manual recount of the election. In the event the tabulation from the manual recount differs from that of the tabulation reported from the auditable voting systems, the tabulation from the manual recount shall be the certified results.
(5) The election commissioners, in conjunction with the registrar, shall publish notice of the date, time and location of the audit in the county courthouse and on the county's website, if the county maintains a website. If the county does not maintain a website, such information shall be posted on the Secretary of State's website.
(6) A credentialed poll watcher may be present for the audit if he or she is appointed by a candidate whose name appears on the ballot for the statewide elective office to be audited. A credentialed poll watcher shall present credentials to the election commissioners or registrar at the time he or she reports for service. The credentials must be in writing and must include any information also required by Section 23-15-577.
(7) The Secretary of State may appoint personnel to assist with the audit, including appropriate voting system technicians or representatives and persons who have assisted with the design and implementation of the audit.
SECTION 6. The following shall be codified as Section 23-15-617.2, Mississippi Code of 1972:
23-15-617.2. The Secretary of State shall adopt rules and regulations as necessary to effectuate the provisions of Sections 23-15-617 through 23-15-617.5. Such rules shall include a rule that requires the use of widely accepted statistical methods to calculate the number or percentage of paper records that must be counted in a risk-limiting audit as provided in Section 23-15-617.1.
SECTION 7. The following shall be codified as Section 23-15-617.3, Mississippi Code of 1972:
23-15-617.3. The results of a risk-limiting audit conducted under Section 23-15-617.1 shall be published on the Secretary of State's website not later than three (3) days after the audit is completed.
SECTION 8. The following shall be codified as Section 23-15-617.4, Mississippi Code of 1972:
23-15-617.4. (1) As used in Sections 23-15-617 through 23-15-617.5, "auditable voting system" means a voting system that:
(a) Uses, creates or displays a paper record that may be read by the voter; and
(b) Is not capable of being connected to the Internet or any other computer network or electronic device.
(2) The electronic vote is the official record of the vote cast if a risk-limiting audit conducted under Section 23-15-617.1 produces strong evidence that the reported outcome of the election matches the results that a full counting of the paper records would reveal.
(3) The paper record is the official record of the vote cast if a risk-limiting audit conducted under Section 23-15-617.1 fails to produce strong evidence that the reported outcome of the election matches the results that a full counting of the paper records would reveal.
SECTION 9. The following shall be codified as Section 23-15-617.5, Mississippi Code of 1972:
23-15-617.5. (1) Notwithstanding the provisions of Section 23-15-617(a), the Secretary of State shall conduct a pilot program, beginning with the election that occurs on November 8, 2022, of the risk-limiting audit program created under Sections 23-15-617 through 23-15-617.5.
(2) The Secretary of State shall select at least five (5) counties to participate in the pilot program.
(3) After each election conducted under the pilot program, the Secretary of State shall send a detailed report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chair of the Senate Elections Committee and Chair of the House Committee on Apportionment and Elections. The report shall evaluate the success of the program and make a recommendation as to whether the Legislature should delay the statewide implementation of the program.
(4) The Secretary of State shall adopt rules and regulations as necessary to effectuate the provisions of this section.
(5) This section shall repeal on August 31, 2026.
SECTION 10. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, failed to comply with the provisions of Section 23-15-152, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first
Monday in the month immediately preceding the first primary election for state,
state district legislative, county and county district offices in the years in
which those offices are elected; * * *
(d) On the second
Monday of September preceding the general election or regular special election
day in years in which a general election is not conducted * * *;
(e) As provided in Section 23-15-152.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
* * *
(5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
(7) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, for those days when the election commissioners shall be required to conduct a recount of an election as provided in Section 23-15-617.1.
( * * *8) In preparation for a municipal
primary, runoff, general or special election, the county registrar shall
generate and distribute the master voter roll and pollbooks from the Statewide Elections
Management System for the municipality located within the county. The
municipality shall pay the county registrar for the actual cost of preparing
and printing the municipal master voter roll pollbooks. A municipality may
secure "read only" access to the Statewide Elections Management
System and print its own pollbooks using this information.
( * * *9) County election commissioners who
perform the duties of an executive committee with regard to the conduct of a
primary election under a written agreement authorized by law to be entered into
with an executive committee shall receive per diem as provided for in
subsection (2) of this section. The days that county election commissioners
are employed in the conduct of a primary election shall be treated the same as
days county election commissioners are employed in the conduct of other
elections.
( * * *10) In addition to any per diem
authorized by this section, any election commissioner shall be entitled to the
mileage reimbursement rate allowable to federal employees for the use of a
privately owned vehicle while on official travel on election day.
( * * *11) Every election commissioner shall
sign personally a certification setting forth the number of hours actually
worked in the performance of the commissioner's official duties and for which
the commissioner seeks compensation. The certification must be on a form as prescribed
in this subsection. The commissioner's signature is, as a matter of law, made
under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
________________________________________________________________
________________________________________________________________
________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $100.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____ day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
( * * *12) Any election commissioner who has
not received a certificate issued by the Secretary of State pursuant to Section
23-15-211 indicating that the election commissioner has received the required
elections seminar instruction and that the election commissioner is fully
qualified to conduct an election, shall not receive any compensation authorized
by this section or Section 23-15-239.
SECTION 11. Section 23-15-5, Mississippi Code of 1972, is amended as follows:
23-15-5. (1) There is created in the State Treasury a special fund to be known as the Elections Support Fund. Monies derived from annual report fees imposed upon limited liability companies under Section 79-29-1203 shall be deposited into the Elections Support Fund. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be disbursed as provided in subsection (2) of this section. The expenditure of monies in the fund shall be under the direction of the Secretary of State as provided by subsection (2) of this section, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration.
(2) (a) Monies in the fund shall be used as follows:
(i) * * * Seventy percent (70%)
of the monies in the special fund shall be distributed annually to the counties,
upon appropriation of the Legislature, based on the proportion that the
population of a county bears to the total population in all counties of the
state population according to the most recent information from the United
States Census Bureau, and held in a separate fund solely for the purpose of
acquiring, upgrading, maintaining or repairing voting equipment, systems and
supplies, hiring temporary technical support, conducting elections using such
voting equipment or systems, employing such personnel to conduct an election,
and training election officials; and
(ii) The remaining * * * thirty percent (30%)
of the monies in the special fund shall be * * * distributed
annually to the Secretary of State for the purposes of maintaining, upgrading
or equipping the Statewide Elections Management System, improving election
security throughout the state and providing voter education.
(b) The Secretary of State shall create standard training guidelines to assist counties in training election officials with the funds authorized under subsection (2)(a)(ii) of this section. Any criteria established by the Secretary of State for the purposes of this section shall be used in addition to any other training or coursework prescribed by the Secretary of State to train circuit clerks, poll managers and any other election officials participating in county elections.
(c) Notwithstanding any other provision of law, no monies from the Elections Support Fund shall be used by the Secretary of State or any person associated with the Office of the Secretary of State to provide or otherwise support expert testimony in any manner for any hearing, trial or election contest.
(3) From and after July 1, 2017, none of the monies deposited in the Elections Support Fund may be used to reimburse or otherwise defray any costs that the Office of the Secretary of State may incur in administering the fund.
(4) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
(5) By July 1, 2022, any monies not transferred into the State General Fund shall be transferred to the fund created in House Bill No. _____, 2022 Regular Session, for the purchase of voting machines.
SECTION 12. Section 23-15-603, Mississippi Code of 1972, is amended as follows:
23-15-603. (1) Except as otherwise provided in this section, the election commissioners shall, within ten (10) days after the general election, transmit to the Secretary of State, to be filed in his or her office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS," to be delivered by the Secretary of State to the Speaker of the House of Representatives at the next ensuing session of the Legislature. In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election.
(2) Except as otherwise provided in this section, constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally. The election commissioners shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments.
(3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State and submitted to each branch of the Legislature, at the session next ensuing. Certified county vote totals shall represent the final results of the election.
(4) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners, which shall read as follows:
"We, the undersigned election commissioners, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein."
(5) The statements required by this section shall be transmitted 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.
(6) If the results of a risk-limiting audit determine that the county election commissioners must manually recount an election, then the county election commissioners shall not be required to transmit the information required in subsections (1) and (2) of this section within ten (10) days of the election. When a manual recount is required, the elections commissioners shall transmit the results not later than five (5) business days after the results would have otherwise been required to be transmitted under subsections (1) and (2) of this section.
SECTION 13. The following shall be codified as Section 23-15-823, Mississippi Code of 1972:
23-15-823. (1) The following words and phrases shall have the meanings as defined in this subsection unless the context clearly indicates otherwise:
(a) "Election" means a general, special, primary or runoff election.
(b) "Candidate" means an individual who seeks nomination for election, or election, to any elective office and has or intends to:
(i) Pay the assessment, file a written statement, and file a petition containing the signatures of the requisite number of voters, if applicable, pursuant to Sections 23-15-297 and 23-15-299; or
(ii) Designate a principal campaign committee pursuant to 52 USCS Section 30102(e) and 11 CFR Section 101.1.
(c) "Social Media Platform" means any website and/or application that has a primary purpose of communication, collaboration, social interaction and/or sharing user-generated content through personalized web profiles. This definition shall not be construed to mean electronic mail, short message service, or other similar means of communication.
(2) (a) When a candidate and/or elected official has been restricted from a social media platform, the company which operates and/or maintains the social media platform, or its successor entities, shall file a report with the Secretary of State disclosing this action, on a form as prescribed by the Secretary, within three (3) business days of the day the restriction occurred.
(b) The Secretary of State shall promulgate rules and regulations as necessary to effectuate the provisions of this section, including the public inspection, preservation of reports and a process by which candidates or elected officials may allege a violation of this section.
(3) When a social media platform indicates a good faith effort has been made to submit the information required, any record or report shall be considered in compliance with this section.
SECTION 14. The following shall be codified as Section 23-15-395, Mississippi Code of 1972:
23-15-395. The Secretary of State shall promulgate rules and regulations for the review, certification and decertification, and implementation of all voting systems. Before promulgating any rules or regulations, the Secretary of State shall present the proposed rules and regulations to the State Board of Election Commissioners for comment and approval. Upon approval of the rules and regulations by the State Board of Election Commissioners, the Secretary of State shall promulgate the approved rules and regulations.
SECTION 15. Section 23-15-15, Mississippi Code of 1972, is amended as follows:
23-15-15. * * *
(1) The Statewide Elections Management System shall be compared with the
Department of Public Safety driver's license database to ensure non-United
States citizens are not registered to vote in this state. The Statewide
Elections Management System shall notify the registrar, or his or her designee,
of the county in which the person attempted to register to vote that the
attempted voter may not be a citizen of the United States. If a person who has
submitted a voter registration is flagged in the database as a potential noncitizen,
the county registrar shall enter the person's information into the United
States Citizenship and Immigration Service's Systematic Alien Verification for
Entitlements (SAVE) or its successor database for further inquiry.
(2) If, after following the procedures provided in subsection (1) of this section, both the Department of Public Safety driver's license database and SAVE indicate that the person is a noncitizen, the registrar, or his or her designee, shall send a notice to the attempted voter that he or she has been flagged as a noncitizen. Any attempted voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the registrar or his or her designee. For purposes of this subsection (2), proof of citizenship includes, but is not limited to:
(a) The attempted voter's birth certificate or a legible photocopy of the birth certificate;
(b) A United States passport, or a legible photocopy of the pertinent pages of the passport, identifying the voter and showing the passport number;
(c) The attempted voter's United States naturalization documentation, a legible photocopy of the naturalization documentation or the number of the voter's certificate of naturalization; however, the number of the certificate of naturalization shall not be considered proof of citizenship until the Secretary of State verifies the number with the United States Citizenship and Immigration Services in the Department of Homeland Security or its successor; or
(d) Any document or method of proof of citizenship established by the federal Immigration Reform and Control Act of 1986, Public Law No. 99-603, compiled in 8 USCS Section 1101 et seq.
(3) If the attempted voter does not provide proof of citizenship within thirty (30) days of the receipt of the notification, the registrar, or his or her designee, where the person registered to vote shall purge the voter from the Statewide Elections Management System.
(4) In the event a person is unable to provide any of the documentation listed in subsection (2) to show proof of citizenship, the person may appeal to the election commissioners of the county in which he or she attempted to register and submit additional proof of citizenship in person or in writing. The election commissioners shall conduct a hearing and make a finding concerning the individual's citizenship status and shall forward a copy of their decision to the registrar, or his or her designee, of the county where the person resides as established in Section 23-15-61. The registrar, or his or her designee, shall update the Statewide Elections Management System to accurately reflect the decision of the election commissioners with respect to such voter.
(5) All documentation provided to show proof of citizenship as well as the Department of Public Safety database or relevant federal and state agency and county records shall be confidential and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(6) On or before July 1, 2023, the Secretary of State shall compare the entire Statewide Elections Management System to the Department of Public Safety driver's license database and follow the procedures set forth in subsection (1) and (2) of this section as applicable.
(7) The Secretary of State shall promulgate rules and regulations as necessary to effectuate the provisions of this section.
SECTION 16. Section 23-15-165, Mississippi Code of 1972, is amended as follows:
23-15-165. (1) The Office of the Secretary of State, in cooperation with the county registrars and election commissioners, shall procure, implement and maintain an electronic information processing system and programs capable of maintaining a centralized database of all registered voters in the state. The system shall encompass software and hardware, at both the state and county level, software development training, conversion and support and maintenance for the system. This system shall be known as the ""Statewide Elections Management System"" and shall constitute the official record of registered voters in every county of the state.
(2) The Office of the Secretary of State shall develop and implement the Statewide Elections Management System so that the registrar and election commissioners of each county shall:
(a) Verify that an applicant that is registering to vote in that county is not registered to vote in another county;
(b) Be notified automatically that a registered voter in its county has registered to vote in another county;
(c) Receive regular
reports of death, changes of address and convictions for disenfranchising
crimes that apply to voters registered in the county; * * *
(d) Retain all present
functionality related to, but not limited to, the use of voter roll data and to
implement such other functionality as the law requires to enhance the
maintenance of accurate county voter records and related jury selection and
redistricting programs * * *;
and
(e) When evidence exists that a particular registered voter may not be a citizen of the United States as provided in Section 23-15-15, send notification to the registrar of the location where the person is registered to vote.
(3) As a part of the procurement and implementation of the system, the Office of the Secretary of State shall, with the assistance of the advisory committee, procure services necessary to convert current voter registration records in the counties into a standard, industry accepted file format that can be used on the Statewide Elections Management System. Thereafter, all official voter information shall be maintained on the Statewide Elections Management System. The standard industry accepted format of data was reviewed and approved by a majority of the advisory committee created in subsection (5) of this section after consultation with the Circuit Clerks Association and the format may not be changed without consulting the Circuit Clerks Association.
(4) The Secretary of State may, with the assistance of the advisory committee, adopt rules and regulations necessary to administer the Statewide Elections Management System. The rules and regulations shall at least:
(a) Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;
(b) Provide procedures for integrating data into the centralized database;
(c) Provide security to ensure that only the registrar, or his or her designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;
(d) Provide the registrar or his or her designee or other appropriate official, as the law may require, access to the system at all times, including the ability to download copies of the industry standard file, for all purposes related to their official duties, including, but not limited to, exclusive access for the purpose of printing all local pollbooks;
(e) Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;
(f) Provide a procedure that will allow the registrar, or his or her designee or other appropriate official, as the law may require, to identify the precinct to which a voter should be assigned; and
(g) Provide a procedure for phasing in or converting existing manual and computerized voter registration systems in counties to the Statewide Elections Management System.
(5) The Secretary of State established an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee included two (2) representatives from the Circuit Clerks Association, appointed by the association; two (2) representatives from the Election Commissioners Association of Mississippi, appointed by the association; one (1) member of the Mississippi Association of Supervisors, or its staff, appointed by the association; the Director of the Stennis Institute of Government at Mississippi State University, or his or her designee; the Executive Director of the Department of Information Technology Services, or his or her designee; two (2) persons knowledgeable about elections and information technology appointed by the Secretary of State; and the Secretary of State, who shall serve as the chair of the advisory committee.
(6) (a) Social security numbers, telephone numbers and date of birth and age information in statewide, district, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(b) Copies of
statewide, district, county or municipal voter registration files, excluding
social security numbers, telephone numbers and date of birth and age
information, shall be provided to any person * * *.
SECTION 17. The following shall be codified as Section 23-15-152, Mississippi Code of 1972:
23-15-152. (1) For the purposes of this section, "confirmation notice" means a notice sent by the election commissioners, by forwardable mail, with return postage prepaid, on a form prescribed by the Secretary of State, to a registered voter to confirm the registered voter's current address. The notice shall comply with all applicable requirements of the National Voter Registration Act of 1993.
(2) The election commissioners shall send a confirmation notice to the following:
(a) A registered voter if it appears from the United States Postal Service change-of-address information that the registered voter has moved to a different residence;
(b) A registered voter if a county election commissioner or county registrar has received notice from another state, or political subdivision of another state, that the registered voter has registered to vote in another state;
(c) A registered voter who has failed to vote at least once in one (1) of the following periods:
(i) A period of three (3) years, which shall include two (2) federal general elections; or
(ii) A period of two (2) years, which shall include an election for Governor and a federal general election; and
(d) A registered voter if the registrar or election commissioners have received reliable information that he or she has moved within or outside of the state.
No registered voter shall be sent a confirmation notice under paragraph (c) of this subsection if he or she has been sent a confirmation notice for those same reasons within the last six (6) years.
(3) The county election commissioners shall place any registered voter who has been sent a confirmation notice on inactive status in the Statewide Elections Management System. Any registered voter who is placed on inactive status shall be unable to cast a regular ballot on election day but shall be able to cast an affidavit ballot as provided in Section 23-15-573.
(4) A registered voter "fails to respond to the confirmation notice" if the voter, during a period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice, fails to:
(a) Respond to the confirmation notice; or
(b) Update the elector's registration information.
The period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice required in subsection (4) of this section shall include two (2) general federal elections. A registered voter who votes at least once in any election in the registered voter's county of registration during the period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice shall not be purged from the Statewide Elections Management System.
(5) The county registrar or county election commission shall move those registered voters who fail to respond to the confirmation notice as provided in subsection (4) and who fail to vote as provided in subsection (4) of this section to purged status in the Statewide Elections Management System.
(6) No systematic list maintenance shall occur during the ninety (90) days immediately preceding a federal primary or general election.
(7) The county registrar shall retain removed voter registration records after they are removed for a period that includes at least two (2) federal general elections and shall record the reason for the removal.
SECTION 18. Section 23-15-125, Mississippi Code of 1972, is amended as follows:
23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, failure to comply with the provisions of Section 23-15-152, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter's name shall be removed from the Statewide Elections Management System, the state's voter roll and the county's pollbooks. Nothing in this section shall preclude the use of electronic pollbooks.
SECTION 19. This act shall take effect and be in force from and after July 1, 2022.
