Bill Text: MS SB2592 | 2021 | Regular Session | Comm Sub
Bill Title: Absentee ballot; revise application form.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-11 - Died On Calendar [SB2592 Detail]
Download: Mississippi-2021-SB2592-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Elections
By: Senator(s) Tate
Senate Bill 2592
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 23-15-627, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION FOR AN ABSENTEE ELECTOR'S BALLOT; TO AMEND SECTION 23-15-713, MISSISSIPPI CODE OF 1972, TO EXTEND THE AUTHORITY OF AN ELECTOR TO VOTE ABSENTEE DUE TO THE COVID-19 PANDEMIC; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 2021.
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, * * *
2021.
( ) 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 2. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if the elector falls within at least one (1) of the following categories:
(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his or her absence from the county of his or her voting residence on the date of any primary, general or special election, or the spouse and dependents of that student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his or her voting residence, with such student, teacher or administrator.
(b) Any qualified elector who is required to be away from his or her place of residence on any election day due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.
(c) Any qualified elector who is away from his or her county of residence on election day for any reason.
(d) Any person who has
a temporary or permanent physical disability and who, because of such
disability, is unable to vote in person without substantial hardship to
himself, herself or others, or whose attendance at the voting place could
reasonably cause danger to himself, herself or others. For purposes of this
paragraph (d), "temporary physical disability" shall include any
qualified elector who is under a physician-imposed quarantine due to COVID-19
during the year 2020 or 2021 or is caring for a dependent who is under a
physician-imposed quarantine due to COVID-19 beginning with July 8, 2020, and
the same being repealed on December 31, * * * 2021.
(e) The parent, spouse
or dependent of a person with a temporary or permanent physical disability who
is hospitalized outside of his or her county of residence or more than fifty
(50) miles distant from his or her residence, if the parent, spouse or
dependent will be with such person on election day. For purposes of this
paragraph (e), "temporary physical disability" shall include any
qualified elector who is under a physician-imposed quarantine due to COVID-19
during the year 2020 or 2021 or is caring for a dependent who is under a
physician-imposed quarantine due to COVID-19 beginning with July 8, 2020, and
the same being repealed on December 31, * * * 2021.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day during the times at which the polls will be open.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.
