Bill Text: MS HB446 | 2013 | Regular Session | Engrossed
Bill Title: Absentee ballots; revise how ballots are kept and authorize a resolution board to review.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2013-03-05 - Died In Committee [HB446 Detail]
Download: Mississippi-2013-HB446-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Apportionment and Elections
By: Representatives Denny, Monsour
House Bill 446
(As Passed the House)
AN ACT TO AMEND SECTION 23-15-625 AND SECTION 23-15-639, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE EXAMINATION AND COUNTING OF ABSENTEE BALLOTS SHALL BE CONDUCTED AT THE CENTRAL TABULATION POINT OF THE COUNTY, UNDER THE DIRECTION OF THE ELECTION COMMISSIONERS; TO REQUIRE THE COMMISSIONERS OF ELECTION TO APPOINT QUALIFIED ELECTORS OF THE COUNTY TO SERVE AS JUDGES ON A RESOLUTION BOARD; TO AMEND SECTION 23-15-641, MISSISSIPPI CODE OF 1972, TO PROVIDE HOW THE RESOLUTION BOARD SHALL HANDLE A CHALLENGE TO AN ABSENTEE BALLOT; TO AMEND SECTIONS 23-15-643, 23-15-645, 23-15-651 AND 23-15-731, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 23-15-227, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT MEMBERS OF THE RESOLUTION BOARD RECEIVE TRAINING BY THE COUNTY EXECUTIVE COMMITTEE OR THE COMMISSIONERS OF ELECTION; TO AMEND SECTION 23-15-239, 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. Section 23-15-625, Mississippi Code of 1972, is amended as follows:
23-15-625. (1) The registrar shall be responsible for providing applications for absentee voting as provided in this section. At least sixty (60) days prior to any election in which absentee voting is provided for by law, the registrar shall provide a sufficient number of applications. In the event a special election is called and set at a date which makes it impractical or impossible to prepare applications for absent elector's ballot sixty (60) days prior to the election, the registrar shall provide applications as soon as practicable after the election is called. The registrar shall fill in the date of the particular election on the application for which the application will be used.
(2) The registrar
shall be authorized to disburse applications for absentee ballots to any
qualified elector within the county where he serves. Any person who presents
to the registrar an oral or written request for an absentee ballot application
for a voter entitled to vote absentee by mail, other than the elector who seeks
to vote by absentee ballot, shall, in the presence of the registrar, sign the
application and print on the application his or her name and address and the
name of the elector for whom the application is being requested in the place
provided for * * * that purpose on the application. However, if
for any reason such person is unable to write the information required, then
the registrar shall write the information on a printed form which has been
prescribed by the Secretary of State. The form shall provide a place for such
person to place his mark after the form has been filled out by the registrar.
(3) It shall be unlawful for any person to solicit absentee ballot applications or absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173. This prohibition shall not apply to:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) The registrar in the
county wherein a voter is qualified to vote upon receiving the envelope
containing the absentee ballots shall keep an accurate list of all persons
preparing such ballots, which list shall be kept in a conspicuous place
accessible to the public near the entrance to his office. The registrar shall
also furnish to each precinct manager a list of the names of all persons in
each respective precinct voting absentee ballots to be posted in a conspicuous
place at the polling place for public notice. The application on file with the
registrar and the envelopes containing the ballots shall be kept by the
registrar and deposited in * * * a single
ballot box reserved solely for absentee ballots before such boxes are
delivered to the election commissioners or managers. At the time * * *
absentee ballot
box is delivered to the election commissioners * * *
for delivery to the
central tabulation point of the county or counting center, the registrar
shall also turn over a list of all such persons who have voted and whose
ballots are in the box.
(5) The registrar shall also be authorized to mail one (1) application to any qualified elector of the county for use in a particular election.
(6) The registrar shall process all applications for absentee ballots by using the Statewide Election Management System. The registrar shall account for all absentee ballots delivered to and received from qualified voters by processing such ballots using the Statewide Election Management System.
SECTION 2. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
[ * * * Until the date Laws of 2012,
Chapter 526, is effectuated under Section 5 of the Voting Rights Act of 1965,
as amended and extended, this section * * * shall read as follows:]
23-15-639. (1) The examination and counting of absentee ballots shall be conducted at the central tabulation point of the county, under the direction of the commissioners of election, and shall be conducted under the observation of the public.
* * *
(2) The commissioners of election shall appoint qualified electors of the county to serve as judges on a resolution board in the manner prescribed by Section 23-15-523, to examine, review and count absentee ballots. An odd number of not less than three (3) members shall be appointed to the resolution board. The members of the board shall take the oath provided in Section 268, Mississippi Constitution of 1890. No persons other than the members of the resolution board shall remove an absentee ballot envelope from the absentee ballot boxes, nor touch any absentee ballot or absentee ballot envelope in the review, examination and counting of absentee ballots.
( * * *3) In elections in which direct
recording electronic voting systems are not utilized, the examination and
counting of absentee ballots shall be conducted as follows:
(a) At the close of
the regular balloting and at the close of the polls, the * * *
resolution
board shall first take the envelopes containing the absentee ballots of
such electors from the * * * box,absentee ballot box, as previously delivered by the
commissioners of election from the registrar to the central tabulation point of
the county. A member of the board shall announce the name, address
and precinct inscribed on each envelope shall be announced by the election
managers.
(b) The signature on
the application shall then be compared with the signature on the back of the
envelope. If it corresponds and the affidavit, if one is required, is
sufficient and the * * * board finds that the applicant is
a registered and qualified voter or otherwise qualified to vote, and that he
has not appeared in person and voted at the election, by reference to the
receipt book or pollbook of the precinct in which the voter is registered,
the envelope shall then be opened and the ballot removed from the envelope,
without its being unfolded, or permitted to be unfolded or examined.
(c) Having observed
and found the ballot to be regular as far as can be observed from its official
endorsement, the * * * board shall
enter the voter's name in the receipt book provided for that purpose and mark
"VOTED" in the pollbook or poll list of the precinct in which the
voter is registered as if he had been present and voted in person in the
precinct. * * *
(d) The board shall count the absentee ballots for each respective precinct, combining the total of absentee ballots with the total votes cast in the same precinct for the unofficial vote count of that precinct.
( * * *4) In elections in which direct
recording electronic voting systems are utilized, the examination and counting
of absentee ballots shall be conducted as follows:
(a) At the close of
the regular balloting and at the close of the polls, the * * *
resolution
board shall first take the envelopes containing the absentee
ballots of such electors from the * * * absentee ballot box, as previously
delivered by the commissioners of election from the registrar to the central
tabulation point of the county. A member of the board shall announce the
name, address and precinct inscribed on each envelope * * *.
(b) The signature on
the application shall then be compared with the signature on the back of the
envelope. If it corresponds and the affidavit, if one is required, is
sufficient and the * * * board * * * finds that the applicant is a
registered and qualified voter or otherwise qualified to vote, and that he has
not appeared in person and voted at the election by reference to the receipt
book or pollbook of the precinct in which the voter is registered, the * * *
envelope * * * shall then be opened and the
ballot removed from the envelope.
* * *
( * * *c) Having observed and found
the ballot to be regular as far as can be observed from its official
endorsement, the board shall enter the voter's name in the
receipt book provided for that purpose and marked "VOTED" in the
pollbook or polllist of the precinct in which the voter is registered as if he
had been present and voted in person in the precinct.
(d) The
absentee ballots shall be processed through the central optical scanner by
precinct. The scanned * * * total of absentee ballots of a
precinct shall then be combined with the * * * total votes cast in the same precinct
for the unofficial vote count of that precinct.
When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.
[ * * * From and after the date Laws of 2012,
Chapter 526, is effectuated under Section 5 of the Voting Rights Act of 1965,
as amended and extended, this section * * * shall read as follows:]
23-15-639. (1) The examination and counting of absentee ballots shall be conducted at the central tabulation point of the county, under the direction of the commissioners of election, and shall be conducted under the observation of the public.
* * *
(2) The commissioners of election shall appoint qualified electors of the county to serve as judges on a resolution board in the manner prescribed by Section 23-15-523, to examine, review and count absentee ballots. An odd number of not less than three (3) members shall be appointed to the resolution board. The members of the board shall take the oath provided in Section 268, Mississippi Constitution of 1890. No persons other than the members of the resolution board shall remove an absentee ballot envelope from the absentee ballot boxes, nor touch any absentee ballot or absentee ballot envelope in the review, examination and counting of absentee ballots.
( * * *3) In elections in which direct
recording electronic voting systems are not utilized, the examination and
counting of absentee ballots shall be conducted as follows:
(a) At the close of
the regular balloting and at the close of the polls, the * * *
resolution
board shall first take the envelopes containing the absentee
ballots of such electors from the * * * absentee ballot box, as previously
delivered by the commissioners of election from the registrar to the central
tabulation point of the county. A member of the board shall announce the
name, address and precinct inscribed on each envelope * * *.
(b) The signature on
the application shall then be compared with the signature on the back of the
envelope. If it corresponds and the affidavit, if one is required, is
sufficient and the * * * resolution board finds that the
applicant is a registered and qualified voter or otherwise qualified to vote,
and that he has not appeared in person and voted at the election by
reference to the receipt book or pollbook of the precinct in which the voter is
registered, the envelope shall then be opened and the ballot removed from
the envelope, without its being unfolded, or permitted to be unfolded or
examined.
* * *
( * * *c) Having observed and found
the ballot to be regular as far as can be observed from its official endorsement,
the election managers shall deposit it in the ballot box with the other ballots
before counting any ballots and enter the voter's name in the receipt book
provided for that purpose and mark "VOTED" in the pollbook or poll
list of the precinct in which the voter is registered as if he had been
present and voted in person in the precinct. * * *
(d) The board shall count the absentee ballots for each respective precinct, combining the total of absentee ballots with the total votes cast in the same precinct for the unofficial vote count of that precinct.
( * * *4) In elections in which direct
recording electronic voting systems are utilized, the examination and counting
of absentee ballots shall be conducted as follows:
(a) At the close of
the regular balloting and at the close of the polls, the * * *
resolution
board shall first take the envelopes containing the absentee ballots
of such electors from the * * * absentee ballot box, as previously
delivered by the commissioners of election from the registrar to the central
tabulation point of the county. A member of the board shall announce the
name, address and precinct inscribed on each envelope * * *.
(b) The signature on
the application shall then be compared with the signature on the back of the
envelope. If it corresponds and the affidavit, if one is required, is
sufficient and the * * * board finds that the applicant is a
registered and qualified voter or otherwise qualified to vote, and that he has
not appeared in person and voted at the election * * * by reference to the receipt book or pollbook of the
precinct in which the voter is registered, the envelope shall then be opened
and the ballot removed from the envelope.
* * *
( * * *c) Having observed and found
the ballot to be regular as far as can be observed from its official
endorsement, the * * * board shall * * * enter the
voter's name in the receipt book provided for that purpose and marked
"VOTED" in the pollbook or poll list of the precinct in which the voter
is registered as if he had been present and voted in person in the precinct.
(d) The absentee ballots shall be processed through the central optical scanner by precinct. The scanned total of absentee ballots of a precinct shall then be combined with the total votes cast in the same precinct for the unofficial vote count of that precinct.
When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.
( * * *5) The * * * board shall also take
such action as may be prescribed by the Secretary of State to ensure compliance
with the identification requirements of Section 23-15-563.
SECTION 3. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) If an
affidavit or the certificate of the officer before whom the affidavit is taken
is required and such affidavit or certificate is found to be insufficient, or
if it is found that the signatures do not correspond, or that the applicant is
not a duly qualified elector in the precinct, or otherwise qualified to vote,
or that the ballot envelope is open or has been opened and resealed, or the
voter is not eligible to vote absentee or that the voter * * *
has voted within the precinct in which
he is registered to vote, representing himself to be a
qualified elector, or otherwise qualified to vote, on the date of the election
at such precinct, the previously cast vote by absentee ballot shall not
be allowed. Without opening the voter's * * * absentee ballot, the * * * resolution
board shall mark across its face "REJECTED," with the
reason therefor.
(2) If the ballot envelope
contains more than one (1) ballot of any kind, the ballot shall not be counted
but shall be marked "REJECTED," with the reason therefor. * * *
(3) * * *
Votes
cast by absentee ballot may be challenged in the same manner and for the same
reasons that any other vote cast in such election may be challenged. If the
resolution board believes a challenge to be frivolous, not made in good faith
or not supported by the evidence, they may disregard such challenge and accept
the offered vote as though not challenged. Conversely, when it so clearly
appears in the unanimous opinion of the board, either from official documentary
evidence or indubitable oral evidence then presented to the board, that a
challenge is well taken, the vote shall be rejected entirely. The ballot shall
not be counted but shall be marked "REJECTED," with the reason
therefor.
(4) The ballots marked
"REJECTED" shall be placed in a separate strong envelope * * *
and returned to the registrar, together with
all the election materials as set forth and described in Section 23-15-645.
SECTION 4. Section 23-15-643, Mississippi Code of 1972, is amended as follows:
23-15-643. If an affidavit
is required, the * * * resolution board shall examine the
affidavit of each absentee ballot envelope. If the * * * board is satisfied that the
affidavit is sufficient and that the absentee voter is otherwise qualified to
vote, * * * a
member of the board shall announce the name of the voter and shall give any
person present an opportunity to challenge in like manner and for the same
cause as the voter could have been challenged had he presented himself
personally in such precinct to vote. The ineligibility of the voter to vote by
absentee ballot shall be a ground for a challenge. Also, the * * *
board shall
consider any absentee voter challenged when a person has previously filed a
written challenge of such voter's right to vote. The * * * board shall handle any
such challenge in the same manner as other challenged ballots are handled.
SECTION 5. Section 23-15-645, Mississippi Code of 1972, is amended as follows:
23-15-645. After the votes
have been counted the * * * resolution board shall preserve all applications, envelopes
and the list of absent voters along with the ballots and other election
materials and return the same to the registrar.
SECTION 6. Section 23-15-651, Mississippi Code of 1972, is amended as follows:
23-15-651. The results of the vote by absentee balloting shall be announced simultaneously with the vote cast on election day. County registrars and municipal registrars shall implement a secure, free access system by which a person who voted by absentee ballot may determine if his or her ballot was counted, and if not, the reason(s) the ballot was not counted.
SECTION 7. Section 23-15-731, Mississippi Code of 1972, is amended as follows:
23-15-731. Any presidential
absentee ballots received by the registrar subsequent to the delivery of absentee
ballot boxes to the election * * * commissioners, but prior to
the time for the closing of the polls on election day shall be retained by the
registrar * * * until delivered, together with the applications of the
qualified absentee elector to an election * * * commissioner,
who shall, as provided in Section 23-15-625, then be required to deliver the
same to the central tabulating point of the county, to be reviewed, examined
and counted by the resolution board in accordance with the procedures set forth
in Section 23-15-639, 23-15-641 and 23-15-645. The registrar shall receive
a receipt from the designated election official as defined herein for
all such ballots and applications delivered individually, as opposed to
those absentee ballots delivered by absentee ballot box pursuant to Section 23-15-625. * * *
SECTION 8. Section 23-15-227, Mississippi Code of 1972, is amended as follows:
23-15-227. The managers * * *, clerks and resolution board
members shall be each entitled to Seventy-five Dollars ($75.00) for each
election; however, the board of supervisors may, in its discretion, pay the
managers * * *,
clerks and resolution board members an additional amount not to exceed
Fifty Dollars ($50.00) per election. The manager or other person who shall
carry to the place of voting, away from the courthouse, the official ballots,
ballot boxes, pollbooks and other necessities, shall be allowed Ten Dollars
($10.00) for each voting precinct for so doing. The manager or other person
who acts as returning officer shall be allowed Ten Dollars ($10.00) for each
voting precinct for that service. The compensation authorized in this section
shall be allowed by the board of supervisors, and shall be payable out of the
county treasury.
The compensation provided in this section shall constitute payment in full for the services rendered by the persons named for any election, whether there be one (1) election or issue voted upon, or more than one (1) election or issue voted upon at the same time.
SECTION 9. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
23-15-239. (1) (a) The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct, not less than five (5) days prior to each election, training sessions to instruct managers as to their duties in the proper administration of the election and the operation of the polling place, and to instruct resolution board members as to their duties in the review, consideration, acceptance or rejection of absentee ballots and ballots damaged, defective, blank, under voted or over voted. No manager or resolution board member shall serve in any election unless he has received such instructions once during the twelve (12) months immediately preceding the date upon which such election is held; however, nothing in this section shall prevent the appointment of an alternate manager or alternate resolution board member to fill a vacancy in case of an emergency. The county executive committee or the commissioners of election, as appropriate, shall train a sufficient number of alternates to serve in the event a manager is unable to serve for any reason, and in the event a resolution board member is unable to serve for any reason.
(b) The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct annually an eight-hour training course for managers that meets criteria that the Secretary of State shall prescribe. Managers shall be required to attend this course every four (4) years from August 7, 2008. The Secretary of State shall develop a version of the course that may be taken by managers over the Internet. Training courses, including, but not limited to, online training courses, that meet criteria prescribed by the Secretary of State and are not sponsored or conducted by the executive committee or the commissioners of election, may be utilized to meet the requirements of this paragraph if the training course is approved by the Secretary of State.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(3) The board of supervisors, in their discretion, may compensate managers and resolution board members who attend such training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Managers and resolution board members shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
(5) Subject to the following annual limitations, the commissioners of election shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), 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 for the necessary time spent in conducting training sessions as required by this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;
(b) In counties having fifteen thousand (15,000) residents or more 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 eight (8) days per year;
(c) In counties having thirty thousand (30,000) residents or more 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 ten (10) days per year;
(d) In counties having seventy thousand (70,000) residents or more 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 twelve (12) days per year;
(e) In counties having ninety thousand (90,000) residents or more 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 fifteen (15) days per year;
(f) In counties having one hundred seventy thousand (170,000) residents or more 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 eighteen (18) days per year;
(g) In counties having two hundred thousand (200,000) residents or more 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 nineteen (19) days per year;
(h) In counties having two hundred twenty-five thousand (225,000) residents or more 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 twenty-two (22) days per year;
(i) In counties having two hundred fifty thousand (250,000) residents or more 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 thirteen (13) days per year;
(j) In counties having two hundred seventy-five thousand (275,000) residents or more according to the latest federal decennial census or more, not more than fourteen (14) days per year.
(6) Commissioners of election shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).
SECTION 10. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 11. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
