Bill Text: MS SB2351 | 2023 | Regular Session | Engrossed
Bill Title: Elections; allow the Attorney General to investigate alleged election fraud.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2023-02-28 - Died In Committee [SB2351 Detail]
Download: Mississippi-2023-SB2351-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) Tate, Seymour
Senate Bill 2351
(As Passed the Senate)
AN ACT TO CREATE A NEW SECTION TO BE ADDED TO TITLE 23, CHAPTER 15, MISSISSIPPI CODE OF 1972, TO ALLOW THE ATTORNEY GENERAL'S OFFICE TO INVESTIGATE COMPLAINTS OF ELECTION FRAUD; TO PROVIDE PROCEDURES FOR WHICH THE ATTORNEY GENERAL SHOULD FOLLOW TO SHARE THE FINDINGS OF AN ELECTION FRAUD INVESTIGATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Attorney General is authorized to investigate alleged election fraud in the counties of this state upon a verified complaint of a candidate whose name appears on the ballot of the election in question, or from an election official or circuit clerk of a county where the election in question took place. The conduction of an investigation shall not create excessive interference with the general duties and responsibilities of the Attorney General.
(2) Upon request by the Attorney General, the Secretary of State shall assist in any investigation of a complaint pursuant to subsection (1).
(3) The Attorney General shall not investigate a complaint under this section at any precinct where an election occurred and that election is being challenged pursuant to Sections 23-15-927, 23-15-951 or 23-15-955.
(4) The Attorney General shall provide reasoning in writing if their office determines that an investigation is not warranted, and said document shall be provided to the complainant, circuit clerk of the county in the complaint and the Secretary of State's office. The Attorney General shall give a written report at the completion of the investigation to the complainant, circuit clerk of the county in the complaint and the Secretary of State's office if criminal action is not pursued. If the Attorney General alleges that a criminal act has occurred, he or she shall turn their findings over to the district attorney of the district where the alleged criminal acts occurred, or prosecute through his or her authority pursuant to Section 7-5-1.
SECTION 2. Section 1 of this act shall be codified as a new section in Title 23, Chapter 15, Mississippi Code of 1972.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
