Bill Text: MS SB2796 | 2021 | Regular Session | Introduced
Bill Title: Absentee voting; authorize the registrar to notify voter of provisional rejection.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2796 Detail]
Download: Mississippi-2021-SB2796-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Elections
By: Senator(s) Tate
Senate Bill 2796
AN ACT TO AMEND SECTION 23-15-641, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE REGISTRAR TO NOTIFY A VOTER OF A PROVISIONAL REJECTION OF AN ABSENTEE BALLOT BASED ON A DISCREPANCY BETWEEN THE SIGNATURE ON THE ABSENTEE APPLICATION AND THE ABSENTEE BALLOT ENVELOPE; TO REQUIRE THAT IF THE REGISTRAR SENDS A NOTICE TO THE VOTER THAT THE NOTICE INFORM THE VOTER OF THE DEFICIENCY AND THE PROCESS TO CURE THE DEFICIENCY BY A CERTAIN DATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) For all absentee votes received by mail, if an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee, the previously cast vote shall not be allowed. Without opening the voter's envelope the resolution board shall mark across its face "REJECTED", with the reason therefor.
(2) For all absentee votes received by mail, if the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED", with the reason therefor, and the registrar shall promptly notify the voter of such rejection. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope "REJECTED" giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.
(4) The ballots marked "REJECTED" shall be placed in a separate envelope in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county.
(5) All electors voting absentee shall be provided with written information to inform the person how to ascertain whether his or her ballot was counted and, if rejected, the reason therefor.
(6) (a) If a voter's absentee ballot is rejected under Section 23-15-639 for the signatures not corresponding between the absentee application and the absentee ballot envelope, the registrar may notify the voter within one (1) business day of the election that the voter's absentee ballot has been provisionally rejected.
(b) If the notice is sent to the voter, the notice must inform the voter:
(i) Of why the absentee ballot has been tentatively rejected and how the voter may cure the deficiency; and
(ii) That if the voter does not cure the deficiency by noon on the fifth business day post-election, the voter's ballot will not be counted.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.
