Bill Text: MS HB488 | 2011 | Regular Session | Introduced

Mississippi House Bill 488 (Prior Session Legislation)

Introduced

Bill Title: Election crimes; increase fines and jail time for violation of.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB488 Detail]

Download: Mississippi-2011-HB488-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Apportionment and Elections; Judiciary A

By: Representative Moak

House Bill 488

AN ACT TO AMEND SECTIONS 97-13-3, 97-13-5, 97-13-7, 97-13-9, 97-13-13, 97-13-19, 97-13-31, 97-13-33, 97-13-35, 97-13-37, 97-13-39, 21-5-21, 21-8-31 AND 21-9-71, MISSISSIPPI CODE OF 1972, TO INCREASE FINES AND INCREASE JAIL TIME FOR VIOLATIONS OF ELECTION CRIMES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-13-3, Mississippi Code of 1972, is amended as follows:

97-13-3. If any person shall offer or give a reward to another for the purpose of inducing him, by any unlawful means not amounting to bribery, to procure any person to vote at any election for or against any person, the person so giving or offering such reward shall, upon conviction thereof, be imprisoned in the county jail not more than one (1) year, or fined not more than Two Thousand Dollars ($2,000.00), or both.

SECTION 2. Section 97-13-5, Mississippi Code of 1972, is amended as follows:

97-13-5. Any such manager who shall proceed to any election without having the ballot-box locked and secured in the manner directed by law, or who shall open and read or consent to any other person opening and reading any ballot given him to be deposited in the box at such election, before it is put into the box, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding One Thousand Dollars ($1,000.00), or both.

SECTION 3. Section 97-13-7, Mississippi Code of 1972, is amended as follows:

97-13-7. Any manager of a general or special election who, before the votes are counted, shall dispose of or deposit the ballot-box in a manner not authorized by law, or shall, at any time after the election has begun and before the ballots are counted, give the key of the ballot-box with which he is intrusted to any other, shall, upon conviction, be punished by imprisonment in the county jail not exceeding three (3) months, or by fine not exceeding One Thousand Dollars ($1,000.00), or both.

SECTION 4. Section 97-13-9, Mississippi Code of 1972, is amended as follows:

97-13-9. If any manager or clerk of any general or special election shall knowingly make or consent to any false entry on the list of persons voting, or shall permit to be put in the ballot-box any ballot not given by a voter, or shall take out of such box, or permit to be so taken out, any ballot deposited therein except in the manner prescribed by law, or shall, by any other act or omission, designedly destroy or change the ballots given by the electors, he shall, upon conviction, be punished by imprisonment in the Penitentiary for a term not exceeding five (5), or by fine not exceeding Five Thousand Dollars ($5,000.00), or both.

SECTION 5. Section 97-13-13, Mississippi Code of 1972, is amended as follows:

97-13-13. If any person shall take or remove any ballot from a voting place before the close of the polls, he shall, on conviction, be fined not * * * more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not * * * more than three (3) months, or both.

SECTION 6. Section 97-13-19, Mississippi Code of 1972, is amended as follows:

97-13-19. If any manager, clerk, or any other officer whatever, assisting or engaged in conducting any election, or charged with any duty in reference to any election, shall designedly omit to do any official act required by law, or designedly do any illegal act in relation to any general or special election, by which act or omission the votes taken at any such election in any district shall be lost, or the electors thereof shall be deprived of their suffrage at such election, or shall designedly do any act which shall render such election void, or shall be guilty of any corrupt conduct or partiality in his official capacity at such election, he shall, upon conviction, be imprisoned, in the Penitentiary for a term not exceeding five (5) years, or by fine not exceeding Five Thousand Dollars ($5,000.00), or both.

SECTION 7. Section 97-13-31, Mississippi Code of 1972, is amended as follows:

97-13-31. If any election officer or other person, except as authorized by law, shall aid or assist, or influence, a voter in preparing a ballot, or shall attempt so to do, he shall, on conviction, be imprisoned in the county jail not more than three (3) months, be fined One Thousand Dollars ($1,000.00), or both.

SECTION 8. Section 97-13-33, Mississippi Code of 1972, is amended as follows:

97-13-33. When any one who offers to vote at an election shall be objected to by any challenger as a person unqualified to vote, if the manager of such election shall permit him to vote without honestly considering his qualifications, or if any manager shall refuse the vote of such person without honestly considering his qualifications, or if any manager shall knowingly permit an unqualified person to vote, or shall knowingly refuse the vote of a qualified person, he shall, upon conviction, be punished by imprisonment in the county jail not exceeding six (6) months, or by fine not exceeding One Thousand Dollars ($1,000.00), or both.

SECTION 9. Section 97-13-35, Mississippi Code of 1972, is amended as follows:

97-13-35. Any person who shall vote at any election, not being legally qualified, or who shall vote in more than one (1) county, or at more than one (1) place in any county or in any city, town, or village entitled to separate representation, or who shall vote out of the district of his legal domicile, or who shall vote or attempt to vote in the primary election of one (1) party when he shall have voted on the same date in the primary election of another party, shall be guilty of a misdemeanor, and, on conviction, shall be fined not exceeding One Thousand Dollars ($1,000.00), or be imprisoned in the county jail not more than six (6) months, or both.

SECTION 10. Section 97-13-37, Mississippi Code of 1972, is amended as follows:

97-13-37. Whoever shall procure, or endeavor to procure, the vote of any elector, or the influence of any person over other electors, at any election, for himself or any candidate, by means of violence, threats of violence, or threats of withdrawing custom, or dealing in business or trade, or of enforcing the payment of a debt, or of bringing a suit or criminal prosecution, or by any other threat or injury to be inflicted by him, or by his means, shall, upon conviction, be punished by imprisonment in the county jail not more than one (1) year, or by fine not exceeding Two Thousand Dollars ($2,000.00), or by both.

SECTION 11. Section 97-13-39, Mississippi Code of 1972, is amended as follows:

97-13-39. If any person shall, by illegal force, or threats of force, prevent, or endeavor to prevent, any elector from giving his vote, he shall, upon conviction, be punished by imprisonment in the Penitentiary for a term not exceeding two (2) years, or in the county jail not exceeding one (1) year, or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.

SECTION 12. Section 21-5-21, Mississippi Code of 1972, is amended as follows:

21-5-21. Any officer or employee other than the mayor and councilmen (or commissioners) of any such city who shall solicit or attempt to influence any person to vote for any particular candidate at any election held in such city, or who shall in any manner contribute any money, labor or other valuable thing to any person or organization for election purposes, shall * * *, upon conviction, * * * be * * * fined not more than One Thousand Dollars ($1,000.00), or be imprisoned in the county jail not more than three (3) months, or * * * both * * *.

SECTION 13. Section 21-8-31, Mississippi Code of 1972, is amended as follows:

21-8-31. Any municipal officer or employee, other than the mayor and councilmen of any such municipality, who shall, during hours of employment solicit or attempt to influence any person to vote for any particular candidate at any election held in such municipality shall * * *, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned in the municipal jail not more than three (3) months.

SECTION 14. Section 21-9-71, Mississippi Code of 1972, is amended as follows:

21-9-71. Any officer or employee other than the mayor and councilmen of any such city, who shall solicit or attempt to influence any person to vote for any particular candidate at any election held in such city, or who shall in any manner contribute any money, labor or other valuable thing to any person or organization for election purposes, shall, upon conviction, be * * * fined not more than One Thousand Dollars ($1,000.00), or be imprisoned in the county jail more than three (3) months, or both.

SECTION 15. 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 16. 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.