Bill Text: MS SB2577 | 2021 | Regular Session | Introduced
Bill Title: Mississippi Election Reform Act of 2021; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2577 Detail]
Download: Mississippi-2021-SB2577-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Elections
By: Senator(s) Blackwell
Senate Bill 2577
AN ACT TO ENACT THE "MISSISSIPPI ELECTION REFORM ACT OF 2021"; TO CODIFY A NEW SECTION TO ENSURE THAT ONLY CITIZEN'S OF THE UNITED STATES BE PERMITTED TO VOTE IN MISSISSIPPI; TO AMEND SECTION 23-15-49, MISSISSIPPI CODE OF 1972 TO PROVIDE THAT AN ELIGIBLE, UNREGISTERED PERSON MAY REGISTER TO VOTE ONLINE; TO CODIFY NEW SECTION 23-15-152, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COUNTY REGISTRAR OR COUNTY ELECTION COMMISSION SHALL REMOVE FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM THOSE ELECTORS WHO FAIL TO RESPOND TO A CONFIRMATION NOTICE FOR A PERIOD OF CONSECUTIVE YEARS; TO DEFINE TERMS; TO REQUIRE ELECTION COMMISSIONERS TO SEND REGISTERED ELECTORS WHO DO NOT VOTE FOR A CERTAIN PERIOD A CONFIRMATION NOTICE; TO PROVIDE THE TIME FOR REMOVAL OF VOTER REGISTRATION RECORDS; TO PROVIDE FOR THE RETENTION OF REMOVED VOTER REGISTRATION RECORDS; TO CODIFY NEW SECTION 23-15-395, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO REGULATE THE REVIEW, CERTIFICATION, DECERTIFICATION AND IMPLEMENTATION OF VOTING SYSTEMS; TO AMEND SECTIONS 23-15-551 AND 23-15-691, MISSISSIPPI CODE OF 1972, TO DELETE THE OPTION OF MARKING ELECTION BALLOTS WITH INDELIBLE PENCIL; TO AMEND SECTION 23-15-627, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION FOR AN ABSENTEE ELECTOR'S BALLOT; TO AMEND SECTION 23-15-1053, MISSISSIPPI CODE OF 1972, TO REQUIRE POLITICAL PARTIES THAT SEEK REGISTRATION IN MISSISSIPPI TO SELECT INTERIM OFFICERS TO FULFILL THE REGISTRATION REQUIREMENTS OF THE ARTICLE; TO AMEND SECTIONS 23-15-13, 23-15-33, 23-15-35, 23-15-37, 23-15-39, 23-15-41, 23-15-79, 23-15-125 AND 23-15-153, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTION 23-15-15, MISSISSIPPI CODE OF 1972, WHICH IS THE PROVISION THAT REQUIRES DOCUMENTATION OF NATURALIZED PERSONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Election Reform Act of 2021."
SECTION 2. (1) The Secretary of State shall:
(a) Compare the Statewide Elections Management System with the state's identification databases to ensure non-United States citizens are not registered to vote in this state;
(b) Enter into a memorandum of understanding with the Department of Public Safety to compare relevant federal, state and county records for the purposes of this section.
(2) If evidence exists that a person registered as an elector is not a citizen of the United States, the Statewide Elections Management System shall notify the appropriate registrar, or his or her designee, that the person registered as an elector may not be a citizen of the United States.
(3) After receiving notice as described in subsection (2) of this section, the registrar, or the registrar's designee, shall:
(a) Send a notice to the person registered as an elector inquiring whether the individual is eligible to be registered to vote;
(b) Purge the voter from the Statewide Elections Management System if the person registered as an elector does not comply with subsection (4) of this section and does not file an appeal under subsection (5) of this section;
(c) Purge the voter from the Statewide Elections Management System if the person's appeal under subsection (5) of this section is finally denied.
(4) (a) Any person registered as an elector who receives the notice under subsection (3) of this section shall provide proof of citizenship to the registrar or the registrar's designee within thirty (30) days of receipt of the notice.
(b) For purposes of this section, proof of citizenship includes:
(i) The voter's birth certificate or a legible photocopy of the birth certificate;
(ii) A United States passport, or a legible photocopy of the pertinent pages of the passport, identifying the voter and showing the passport number;
(iii) The voter's United States naturalization documentation, a legible photocopy of the naturalization documentation, or the number of the voter's certificate of naturalization; except that any person who provides the number of the certificate of naturalization in lieu of the naturalization documentation shall not be deemed to have provided proof of citizenship until the Secretary of State verifies the number with the United States Citizenship and Immigration Services in the Department of Homeland Security or its successor; or
(iv) Any document or method of proof of citizenship established by the federal Immigration Reform and Control Act of 1986, P.L. 99-603, compiled in 8 USC Section 1101 et seq.
(5) In the event a person registered as an elector is unable to provide the documentation listed in subsection (4) of this section to prove citizenship, the person may appeal to the board of election commissioners of the county in which he or she attempted to register and submit additional proof of citizenship in person or in writing. The board of election commissioners shall conduct a hearing and make a finding concerning the individual's citizenship status and shall forward a copy of their decision to the registrar, or his or her designee, of the county where the person resides as established in Section 23-15-61. The decision of the board of election commissioners under this subsection may be appealed as any other decision of the board and shall be final as otherwise provided for by law.
(6) Any documentation provided to show proof of citizenship under this section as well as the Department of Public Safety database or relevant federal and state agency and county records shall be confidential and shall not be available for inspection by the public.
(7) The Secretary of State shall adopt rules and regulations for the administration of this section.
SECTION 3. Section 23-15-49, Mississippi Code of 1972, is amended as follows:
23-15-49. (1) * * * The Secretary of State shall, with the
support of the Mississippi Department of Public Safety, establish a secure internet
website to permit eligible unregistered persons to register to vote and to
permit registered electors to change their name, address or other information
set forth in the elector's existing voter registration record.
(2) (a) The form of the online application for registration to vote shall be established by rule adopted by the Secretary of State.
(b) A person entitled to be registered as an elector in compliance with the laws of this state and who has a valid driver's license authorized in Section 63-1-9 or photo identification card authorized in Section 45-35-7 or Section 45-35-53 may submit an application for registration to vote electronically under this subsection.
(c) An applicant to register under this subsection shall:
(i) Attest to the truth of the information provided; and
(ii) Consent to the use of the applicant's signature from the applicant's driver's license or photo identification card.
(3) ( * * *a) * * *
The software used by the Secretary of State for processing applications or
requests under this section through the website shall provide for
verification that:
(i) The * * * person has a current and valid driver's
license authorized in Section 63-1-9 or photo identification card * * *
authorized in Section 45-35-7 or Section 45-35-53 and the number for
that driver's license or photo identification card provided by the * * * person matches the number for
the * * *
person's driver's license or photo identification card that is on file
with the * * *
Department of Public Safety; and
(ii) The
name and date of birth provided by the * * * person matches the name and date
of birth that is on file with the * * * Department of Public Safety * * *.
* * *
(b) If * * * the information in the person's
application or request under this section does not match * * * the information on file with the * * * Department of Public Safety, the * * * application or request shall be
rejected.
(4) (a) An approved application for voter registration pursuant to this section, including an image from the applicant's driver's license or photo identification card, shall be electronically forwarded to the registrar of the applicant's county of residence.
(b) The registrar shall enter the applicant's information into the Statewide Elections Management System. Upon entry of the application, the Statewide Elections Management System shall assign a voter registration number to the applicant.
(c) The registrar shall mail the applicant a written notification that the applicant has been registered as an elector. The written notification shall be the elector's registration card as authorized in Section 23-15-39 and shall include the following information:
(i) The elector's voter registration number;
(ii) The county voting precinct;
(iii) The municipal voting precinct, if any; and
(iv) The polling place and supervisor district in which the elector shall vote.
(d) In mailing the written notification under this section, the registrar shall note on the envelope: "DO NOT FORWARD." If any written notification is returned to the registrar as undeliverable, the application shall be void and the registrar shall purge the newly registered elector's information from the Statewide Elections Management System.
(5) (a) An approved request to change the name, address or other information in an existing voter registration record under this section shall be electronically forwarded to the registrar of the elector's county of residence.
(b) The registrar or the election commissioners shall update the elector's information in the Statewide Elections Management System. If necessary, the registrar shall advise the elector of a change in the location of his or her county or municipal polling place by mailing the elector a new voter registration card.
( * * *6) Any person who attempts to register
to vote or to change registration information under this section shall be
subject to the penalties for false registration provided for in Section 97-13-25.
( * * *7) The Secretary of State and the
Department of Public Safety shall enter into a memorandum of understanding
providing for the sharing of information required to facilitate the
requirements of this section.
SECTION 4. The following shall be codified as Section 23-15-152, Mississippi Code of 1972:
23-15-152. (1) For the purposes of this section:
(a) "Confirmation notice" means a notice sent by the election commissioners, by forwardable mail, with return postage prepaid, on a form prescribed by the Secretary of State, to a registered elector to confirm the registered elector's current address. The notice shall comply with all applicable requirements of the National Voter Registration Act of 1993.
(b) An elector "fails to respond to the confirmation notice" if the elector, during a period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice, fails to:
(i) Vote at the elector's registered precinct at least once;
(ii) Respond to the confirmation notice; or
(iii) Update the elector's registration information.
The period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice required in this paragraph shall include two (2) general federal elections.
(2) The election commissioners shall send each registered elector who has failed to vote at least once in the previous two (2) years a confirmation notice.
(3) The county registrar or county election commission shall remove from the Statewide Elections Management System those electors who fail to respond to the confirmation notice required by subsection (2) of this section.
(4) No voter registration records shall be removed during the ninety (90) days immediately preceding a federal primary or general election.
(5) The county registrar shall retain removed voter registration records after they are removed for a period that includes at least two (2) federal general elections and shall record the reason for the removal.
SECTION 5. The following shall be codified as Section 23-15-395, Mississippi Code of 1972:
23-15-395. The Secretary of State, in consultation with the State Board of Election Commissioners, shall promulgate regulations for the review, certification, decertification and implementation of all voting systems.
SECTION 6. Section 23-15-551, Mississippi Code of 1972, is amended as follows:
23-15-551. On receiving his
or her ballot, the voter shall go without undue delay into one (1) of the
voting compartments and shall there prepare his or her ballot by marking with
ink * * * on the appropriate margin
or place a cross (X) opposite the name of the candidate of his or her choice
for each office or by writing in the name of a candidate in the blank space
provided, and marking a cross (X) opposite thereto, and likewise a cross (X)
opposite the answer he or she desires to give in case of an election on a
constitutional amendment, local option election, referenda or any other
question or matter. As an alternative method, a voter may, at his or her
option, prepare a ballot by marking with ink * * * in the appropriate margin or place a check, in the form of and
similar to a "V", opposite the name of the candidate of his or her
choice for each office or by writing in the name of a candidate in the
blank space provided and marking a check in the form of and similar to a "V",
opposite thereto, and likewise a check, in the form of and similar to a "V",
opposite the answer he or she desires to give in case of an election on a
constitutional amendment, local option election, referenda or other question or
matter, either of which methods of marking, whether by a cross (X) or by a
check in the form of and similar to a "V", is authorized. Before
leaving the voting compartment, the voter shall fold his or her ballot without
displaying its markings, but so that the words "OFFICIAL BALLOT,"
followed by the designation of the voting precinct and the date of the
election, shall be visible to the poll managers, then deposit his or her ballot
directly into the ballot box. This shall be done without undue delay, and as
soon as the voter has voted he or she shall promptly exit the polling place. A
voter shall not be allowed to occupy a voting compartment already occupied by
another voter, nor any compartment longer than ten (10) minutes, if other voters
are not waiting, nor longer than five (5) minutes if other voters are waiting.
A person shall not be allowed in the room in which the ballot boxes,
compartments, tables and shelves are, except the officers of the election, and
those appointed by them to assist therein, and those authorized by Section 23-15-577.
SECTION 7. Section 23-15-691, Mississippi Code of 1972, is amended as follows:
23-15-691. As soon as possible after the printing of the official absentee ballot for any election, the registrar of the county shall send to any absent voter as defined in this subarticle, who shall, upon proper application, have requested same, the official absentee voter ballot or ballots provided for in this subarticle and the instructions for voting and returning the ballot. If the ballot is sent by mail the registrar shall send a self-addressed envelope or envelopes with the ballot and the instructions.
If the ballot is sent by mail, the gummed flap of the envelope provided for the return of the ballot must be separated by wax paper or other appropriate protective insert from the remaining balloting material. The voting instructions shall require a notation of the facts on the back of the envelope duly signed by the voter.
If applicable, the
instructions shall indicate that the ballot shall be marked in ink * * *.
SECTION 8. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. Any elector described in Section 23-15-713 may request an absentee ballot application and vote in person at the office of the registrar in the county in which he or she resides. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his or her deputy in order to be used to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENTEE ELECTOR'S BALLOT
I, _____, duly qualified and
registered in the ___ Precinct of the _______ County of, * * * State of Mississippi, coming within the
purview of the definition 'ABSENT ELECTOR' will be absent from the county of my
residence on election day, or unable to vote in person because (check
appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or a spouse or dependent of such a member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or a spouse or dependent of such a member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or a spouse or dependent of such a veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the United States Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or a spouse or dependent of such a civilian.
( ) I am a trained or certified emergency response provider deployed during any state of emergency declared by the President of the United States or Governor of any state within the United States and am a citizen of Mississippi or a spouse or dependent of such an emergency response provider.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or a spouse or dependent of such a student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election.
( ) I have a temporary or permanent physical disability, which may include, but is not limited to, a physician-imposed quarantine due to COVID-19 during the year 2020. Or, I am caring for a dependent that is under a physician-imposed quarantine due to COVID-19 beginning with July 8, 2020, and the same being repealed on December 31, 2020.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such a person on election day.
( ) I am a member of the congressional delegation, or a spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times at which the polls will be open.
I hereby make application
for an official ballot, or ballots, to be voted by me at the election to be held
______ in, County ________________, * * * for the ________election.
Mail 'Absentee Elector's Ballot' to me at the following address: ___________________________________ (if eligible to vote by mail).
( ) Mailed ballots only: I wish to receive an absentee ballot for the runoff election _________________________.
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF, I have hereunto set my hand and seal this the ____ day of ______, 2___.
______________________________________
(Signature of absentee elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
______________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absentee elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 9. Section 23-15-1053, Mississippi Code of 1972, is amended as follows:
23-15-1053. Subject to federal law and national party rules:
(a) Any political party not registered in Mississippi that seeks registration shall select an interim chair and secretary to fulfill the registration requirements of this article. After the initial registration under Section 23-15-1059(1), the party shall comply with the requirements of paragraph (b) of this section and take any other action to comply with this article.
(b) * * *
The State Executive Committee of each political party shall determine the
method and procedures for the selection of county executive committees and the
State Executive Committees. The State Executive Committee of the political
party shall establish procedures for the selection of county and State
Executive Committees at least ninety (90) days before the implementation of the
procedures. A copy of any rule or regulation adopted by the State Executive
Committee shall be sent to the Secretary of State within seven (7) days after
its adoption to become a public record.
SECTION 10. Section 23-15-13, Mississippi Code of 1972, is amended as follows:
23-15-13. (1) An elector who moves from one (1) 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 upon making written or online request therefor at any time up to thirty (30) days before 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. If the thirtieth day to transfer the elector's registration before an election falls on a Sunday or legal holiday, the transfer of the elector's registration submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.
(2) If an elector requests a change in his or her address under Section 23-15-49 and the address is located in a precinct in the county or municipality that differs from the precinct as reflected in the then current registration records, the request shall be treated in the same manner as a written request to transfer the elector's registration under subsection (1) of this section.
SECTION 11. Section 23-15-33, Mississippi Code of 1972, is amended as follows:
23-15-33. (1) Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his or her name on and properly completed the application for registration to vote shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
(2) Every person entitled to be registered as an elector in compliance with the laws of this state and who registers to vote pursuant to the National Voter Registration Act of 1993 shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
(3) Every person entitled to be registered to vote as an elector in compliance with the laws of this state and who has completed an application for registration to vote electronically as authorized in Section 23-15-49 shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
SECTION 12. Section 23-15-35, Mississippi Code of 1972, is amended as follows:
23-15-35. (1) The clerk of the municipality shall be the registrar of voters of the municipality, and shall take the oath of office prescribed by Section 268 of the Constitution. The municipal registration shall conform to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. The municipal clerk shall comply with all the provisions of law regarding the registration of voters, including the use of the voter registration applications used by county registrars and prescribed by the Secretary of State under Sections 23-15-39 and 23-15-47 and online voter registration authorized in Section 23-15-49.
(2) The municipal clerk shall be authorized to register applicants as county electors. The municipal clerk shall forward notice of registration, a copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the county registrar or by personal delivery to the county registrar provided that a numbered receipt is signed by the county registrar in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, and if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a county elector, then the county registrar shall make a determination of the county voting precinct in which the person making the application shall be required to vote. The county registrar shall send this county voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection (2) shall be paid by the county board of supervisors. If a review of the copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the county, the county registrar shall challenge the application. The county election commissioners shall review any challenge or disqualification, after having notified the applicant by certified mail of the challenge or disqualification.
(3) The municipal clerk shall issue to the person making the application a copy of the application and the county registrar shall process the application in accordance with the law regarding the handling of voter registration applications.
(4) The receipt of a copy of the application for registration sent pursuant to Section 23-15-39(3) shall be sufficient to allow the applicant to be registered as an elector in the municipality, provided that such application is not challenged as provided for therein.
(5) The municipal clerk of each municipality shall provide the county registrar in which the municipality is located the information necessary to conform the municipal registration to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. If any changes to the information occur as a result of redistricting, annexation or other reason, it shall be the responsibility of the municipal clerk to timely provide the changes to the county registrar.
SECTION 13. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The registrar shall register the electors of his or her county at any time during regular office hours.
(2) The county registrar may keep his or her office open to register voters from 8:00 a.m. until 7:00 p.m., including the noon hour, for the five (5) business days immediately preceding the thirtieth day before any regularly scheduled primary or general election. The county registrar shall also keep his or her office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day before any regularly scheduled primary or general election, unless that Saturday falls on a legal holiday, in which case registration applications submitted on the Monday immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling such voters to vote in the next primary or general election.
(3) The registrar, or any deputy registrar duly appointed by law, may visit and spend such time as he or she may deem necessary at any location in his or her county, selected by the registrar not less than thirty (30) days before an election, for the purpose of registering voters.
(4) A person who is physically disabled and unable to visit the office of the registrar to register to vote due to such disability may contact the registrar and request that the registrar or the registrar's deputy visit him or her for the purpose of registering such person to vote. The registrar or the registrar's deputy shall visit that person as soon as possible after such request and provide the person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or the registrar's deputy.
(5) (a) In the fall and spring of each year the registrar of each county shall furnish all public schools with instructions for submitting an online voter registration application and mail-in voter registration applications. The instructions and applications shall be provided in a reasonable time to enable those students who will be eighteen (18) years of age before a general election to be able to vote in the primary and general elections.
(b) Each public school district shall permit access to all public schools of this state for the county registrar or the county registrar's deputy to register persons who are eligible to vote and to provide voter education.
SECTION 14. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) Applications for registration as electors of this state, which are submitted online as authorized in Section 23-15-49 or sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a form established by rule duly adopted by the Secretary of State.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person, and the county registrar shall mail the applicant a voter registration card to the mailing address provided on the application.
(6) Any person desiring * * * to apply for registration
may apply online as authorized in Section 23-15-49 or may secure an
application from the registrar of the county of which he or she is a resident
and may take the application with him or her and secure assistance in completing
the application from any person of the applicant's choice. It shall be the
duty of all registrars to furnish applications for registration to all persons
requesting them, and it shall likewise be the registrar's duty to furnish aid
and assistance in the completing of the application when requested by an applicant.
Unless completed online as authorized in Section 23-15-49, the
application for registration shall be sworn to and subscribed before the
registrar or deputy registrar at the municipal clerk's office, the county registrar's
office or any other location where the applicant is allowed to register to
vote. The registrar shall not charge a fee or cost to the applicant for
accepting the application or administering the oath or for any other duty imposed
by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he or she shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read the application and oath to the person and the person's answers thereto shall be recorded by the registrar or the registrar's deputy. The person shall be registered as an elector if he or she otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The county registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) In any case in which the corporate boundaries of a municipality change, whether by annexation or redistricting, the municipal clerk shall, within ten (10) days after approval of the change in corporate boundaries, provide to the county registrar conforming geographic data that is compatible with the Statewide Elections Management System. The data shall be developed by the municipality's use of a standardized format specified by the Statewide Elections Management System. The county registrar, county election commissioner or other county official, who has completed an annual training seminar sponsored by the Secretary of State pertaining to the implementation of new boundary lines in the Statewide Elections Management System and received certification for that training, shall update the municipal boundary information into the Statewide Elections Management System. The Statewide Elections Management System updates the municipal voter registration records and assigns electors to their municipal voting precincts. The county registrar shall forward to the municipal clerk written notification of the additions and changes, and the municipal clerk shall forward to the affected municipal electors written notification of the additions and changes.
SECTION 15. Section 23-15-41, Mississippi Code of 1972, is amended as follows:
23-15-41. (1) When an applicant to register to vote has completed the application form as prescribed by administrative rule or Section 23-15-49, the county registrar shall enter the applicant's information into the Statewide Elections Management System where the applicant's status will be marked as "ACTIVE," "PENDING" or "REJECTED," and the applicant shall be entitled to register upon his or her request for registration made online as authorized in Section 23-15-49 or in person to the registrar, or deputy registrar if a deputy registrar has been appointed. No person other than the registrar, or a deputy registrar, shall register any applicant.
(2) If an applicant is not qualified to register to vote, then the registrar shall enter the applicant's information into the Statewide Elections Management System and mark the applicant's status as "PENDING" or "REJECTED," with the specific reason or reasons for that status noted. The registrar shall notify the election commission of those applicants rejected.
SECTION 16. Section 23-15-79, Mississippi Code of 1972, is amended as follows:
23-15-79. (1) Unless the application for registration was made pursuant to Section 23-15-47 or Section 23-15-49, the date of registration to vote shall be the date the application for registration to vote was initially received by the registrar or, if submitted by mail, the postmark date, regardless of the date on which the county election commission, circuit court or Supreme Court, as the case may be, makes its final determination allowing the registration.
(2) In the case of an application for registration that has been made pursuant to Section 23-15-47, the date of registration to vote shall be the date the complete and legible application form is received by the county registrar, or, if mailed, the postmark date of the complete and legible application.
(3) In the case of an application for registration which has been made pursuant to Section 23-15-49, the date of registration to vote shall be the date the completed application is submitted to the website pursuant to Section 23-15-49.
SECTION 17. Section 23-15-125, Mississippi Code of 1972, is amended as follows:
23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, failure to respond to the confirmation notice sent pursuant to Section 23-15-152, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter's name shall be removed from the Statewide Elections Management System, the state's voter roll and the county's pollbooks. Nothing in this section shall preclude the use of electronic pollbooks.
SECTION 18. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, failed to respond to the confirmation notice sent pursuant to Section 23-15-152 or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first
Monday in the month immediately preceding the first primary election for state,
state district legislative, county and county district offices in the years in
which those offices are elected; * * *
(d) On the second
Monday of September preceding the general election or regular special election
day in years in which a general election is not conducted * * *; and
(e) As provided in Section 23-15-152.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), 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 in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents 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 seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents 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 one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents 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 one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents 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 one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents 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 one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents 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 one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents 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 two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents 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 two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, 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 in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed ten (10) days 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 the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
(c) The board of supervisors may, in its discretion, pay the election commissioners an additional amount not to exceed Fifty Dollars ($50.00) for the performance of their duties at any election occurring from July 1, 2020, through December 31, 2020, which shall be considered additional pandemic pay. Such compensation shall be payable out of the county general fund, and may be payable from federal funds available for such purpose, or a combination of both funding sources.
(5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed fourteen (14) days 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 the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
(7) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information.
(8) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections.
(9) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day.
(10) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
________________________________________________________________
________________________________________________________________
________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $100.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____ day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239.
SECTION 19. Section 23-15-15, Mississippi Code of 1972, which is the provision that requires documentation of naturalized persons, is repealed.
SECTION 20. This act shall take effect and be in force from and after July 1, 2021.
