Bill Text: MS SB2296 | 2022 | Regular Session | Introduced
Bill Title: "Fair Access to Elections Act"; enact certain requirements regarding the conduct of elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [SB2296 Detail]
Download: Mississippi-2022-SB2296-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) McDaniel
Senate Bill 2296
AN ACT ENTITLED THE "FAIR ACCESS TO ELECTIONS ACT"; TO PROVIDE THAT NO PUBLIC OFFICIAL OR ELECTION OFFICIAL SHALL SOLICIT, TAKE OR OTHERWISE ACCEPT FROM ANY PERSON ANY CONTRIBUTION, DONATION OR ANY THING ELSE OF VALUE FOR PURPOSES OF CONDUCTING STATE OR LOCAL ELECTIONS IN THIS STATE AND TO CLARIFY THAT ALL COSTS AND EXPENSES RELATING TO THE CONDUCT OF ELECTIONS SHALL BE PAID WITH PUBLIC FUNDS; TO AMEND SECTION 23-15-633, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN INFORMATION TO BE INSERTED BY THE VOTER WHO IS VOTING BY ABSENTEE BALLOT; TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, "person" means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, association, committee, corporation, whether or not operated for profit, or any other organization or group of persons acting in concert, or any other nongovernmental third-party entity.
SECTION 2. (1) Notwithstanding any provision of law to the contrary, no government official or election official shall solicit, take or otherwise accept from any person, any contribution, donation or anything else of value for purposes of conducting state or local elections in this state. All costs and expenses relating to conducting elections shall be paid for with public funds.
(2) Nothing in this section shall be construed to bar any state, county or municipal authority from applying for, accepting or using any grant that may be payable from federal funds available for the purpose of conducting state or local elections in this state subject to the provisions of Title 23, Mississippi Code of 1972.
SECTION 3. (1) Except as otherwise authorized by this act, an officer or employee of this state or of a political subdivision of this state may not distribute an absentee ballot to a person who did not request a ballot under the provisions of Title 23, Mississippi Code of 1972.
(2) An officer or employee of this state or of a political subdivision of this state may not use public funds to facilitate the distribution by another person of an absentee ballot to a person who did not request a ballot under the provisions of Title 23, Mississippi Code of 1972.
(3) No person, except an officer or employee of this state or a political subdivision of this state and as authorized by this section, may distribute an application form for an absentee ballot to any other person.
(4) Except as otherwise authorized by this act, an officer or employee of this state or of a political subdivision of this state may not distribute an application form for an absentee ballot to a person who did not request an application under the provisions of Title 23, Mississippi Code of 1972.
(5) No officer or employee of this state, or any subdivision of the state, may establish ballot drop boxes or any similar receptacle for the collection of ballots.
(6) An officer or employee of this state or of a political subdivision of this state may not use public funds to facilitate the distribution by another person of an application form for an absentee ballot to a person who did not request an application under the provisions of Title 23, Mississippi Code of 1972.
SECTION 4. Section 23-15-633, Mississippi Code of 1972, is amended as follows:
23-15-633. (1) On
any envelope where the elector's signature and the signature of the attesting
witness are required, the signature lines and the signatures shall be across the
flap of the envelope to * * * insure ensure the integrity of the ballot and the
following shall be printed on the flap on the back of the envelope in bold
print and in a distinguishing color: "YOUR VOTE WILL BE REJECTED AND
NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY
YOU AND AN ATTESTING WITNESS."
(2) The ballot envelope must include a space that is hidden from view when the envelope is sealed for the voter to enter the following information:
(a) The number of the voter's Mississippi driver's license;
(b) The last four (4) digits of the voter's social security number;
(c) A statement by the applicant that the applicant has not been issued a number described by paragraph (a) or (b) of this subsection; or
(d) A person may use the number of a driver's license that has expired for purposes of paragraph (a) of this subsection if the license is otherwise valid.
SECTION 5. Violation of the provisions of this act is a felony punishable, upon conviction, to one (1) to ten (10) years in the custody of the Department of Corrections and/or a maximum fine of Five Thousand Dollars ($5,000.00).
SECTION 6. It is the intent of the Legislature that every provision of this section shall operate with equal force and shall be severable one from the other and that, in the event that any provision of this section shall be held invalid or unenforceable by a court of competent jurisdiction, said provision shall be deemed severable and the remaining provisions of this act deemed fully enforceable.
SECTION 7. This act shall take effect and be in force from and after July 1, 2022.
