Bill Text: MS HB353 | 2015 | Regular Session | Introduced
Bill Title: Affidavit ballots; authorize casting of to serve as written request for ward or precinct transfer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-12 - Died On Calendar [HB353 Detail]
Download: Mississippi-2015-HB353-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Apportionment and Elections
By: Representative Denny
House Bill 353
AN ACT TO AMEND SECTION 23-15-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CASTING OF A VALID AFFIDAVIT BALLOT MAY SERVE AS A WRITTEN REQUEST TO TRANSFER VOTING PRECINCTS OR WARDS; TO BRING FORWARD SECTION 23-15-573, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES AN ELECTOR TO VOTE BY AFFIDAVIT BALLOT, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-13, Mississippi Code of 1972, is amended as follows:
23-15-13. An elector who
moves from one ward or voting precinct to another ward within the same
municipality or voting precinct within the same county shall not be
disqualified to vote, but he or she shall be entitled to have his or her
registration transferred to his or her new ward or voting precinct * * *
if one of the following
occurs: (a) the elector makes * * * a written request therefor at any
time up to thirty (30) days prior to the election at which he or she offers to
vote, and if the removal occurs within thirty (30) days of such election he or
she shall be entitled to vote in his or her new ward or voting precinct by
affidavit ballot as provided in Section 23-15-573 * * *; or (b) the elector votes by affidavit
ballot on the day of the election, without having a written request as provided
in subsection (a) of this section. If the affidavit ballot cast on election
day without a previous written request is valid, the affidavit ballot shall be
deemed to be a written request to transfer his registration to his new ward or
precinct, and the circuit clerk shall within thirty (30) days after the
election transfer his registration to his new ward or precinct. Such affidavit
ballot, if valid, shall also be counted in the election in which it is cast;
however, before counting the ballot in the new precinct, the election
commission, or county executive committee in a primary election, shall verify
that the elector did not cast a ballot in his former precinct.
SECTION 2. Section 23-15-573, Mississippi Code of 1972, is brought forward as follows:
23-15-573. (1) If any person declares that he is a registered voter in the jurisdiction in which he offers to vote and that he is eligible to vote in the election, but his name does not appear upon the pollbooks, or that he is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote, or that he has been illegally denied registration:
(a) A poll manager shall notify the person that he may cast an affidavit ballot at the election.
(b) The person shall be permitted to cast an affidavit ballot at the polling place upon execution of a written affidavit before one (1) of the managers of election stating that the individual:
(i) Believes he is a registered voter in the jurisdiction in which he desires to vote and is eligible to vote in the election; or
(ii) Is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote; or
(iii) Believes that he has been illegally denied registration.
(c) The manager shall allow the individual to prepare his vote which shall be delivered by him to the proper election official who shall enclose it in an envelope with the written affidavit of the voter, seal the envelope and mark plainly upon it the name of the person offering to vote.
(2) The affidavit shall include:
(a) The complete name, all required addresses and telephone numbers;
(b) A statement that the affiant believes he is registered to vote in the jurisdiction in which he offers to vote;
(c) The signature of the affiant; and
(d) The signature of a poll manager at the precinct at which the affiant offers to vote.
(3) (a) A separate register shall be maintained for affidavit ballots and the affiant shall sign the register upon completing the affidavit ballot.
(b) In canvassing the returns of the election, the executive committee in primary elections, or the election commissioners in other elections, shall examine the records and allow the ballot to be counted, or not counted as it appears legal.
(4) When a person is offered the opportunity to vote by affidavit ballot, he shall be provided with written information that informs the person how to ascertain whether his affidavit ballot was counted and, if the vote was not counted, the reasons the vote was not counted.
(5) The Secretary of State shall, by rule duly adopted, establish a uniform affidavit and affidavit ballot envelope which shall be used in all elections in this state. The Secretary of State shall print and distribute a sufficient number of affidavits and affidavit ballot envelopes to the registrar of each county for use in elections. The registrar shall distribute the affidavits and affidavit ballot envelopes to municipal and county executive committees for use in primary elections and to municipal and county election commissioners for use in other elections.
(6) County registrars and municipal registrars shall implement a secure free access system that complies with the Help America Vote Act of 2002, by which persons who vote by affidavit ballot may determine if their ballots were counted, and if not, the reasons the ballot was not counted.
(7) Any person who votes in any election as a result of a federal or state court order or other order extending the time established by law for closing the polls, may only vote by affidavit ballot. Any affidavit ballot cast under this subsection shall be separated and kept apart from other affidavit ballots cast by voters not affected by the order.
SECTION 3. This act shall take effect and be in force from and after July 1, 2015.
