Applications for absentee ballots; require sheriffs and police chiefs to have available for certain inmates.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Porter

HOUSE BILL NO. 1097

AN ACT TO AMEND SECTION 23-15-715, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE COUNTY SHERIFFS AND MUNICIPAL POLICE CHIEFS TO HAVE 2
APPLICATIONS READILY AVAILABLE FOR ABSENTEE BALLOTS FOR PERSONS 3
WHO ARE INCARCERATED IN PRISONS OR JAILS AND WHO HAVE NOT BEEN 4
CONVICTED OF A DISENFRANCHISING CRIME; TO BRING FORWARD SECTION 5
23-15-627, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE 6
AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 23-15-715, Mississippi Code of 1972, is 9
amended as follows: 10
23-15-715. Any elector desiring an absentee ballot as 11
provided in this subarticle may secure same if: 12
(a) Not more than forty-five (45) days nor later than 13
12:00 noon, on the Saturday immediately preceding elections held 14
on Tuesday, the Thursday immediately preceding elections held on 15
Saturday, or the second day immediately preceding the date of 16
elections held on other days, he or she shall appear in person 17
before the registrar of the county in which he resides, or for 18
municipal elections he shall appear in person before the city 19
clerk of the municipality in which he or she resides and, when the 20
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elector so appears, he or she shall execute and file an 21
application as provided in Section 23-15-627 and vote by absentee 22
ballot. If the absentee ballot has not been printed by forty-five 23
(45) days preceding the election, the elector may appear and file 24
an application anytime before the election. Then the absentee 25
ballot shall be mailed by the registrar to the elector as soon as 26
the ballot has been printed. 27
(b) (i) Within forty-five (45) days next prior to any 28
election, any elector who cannot comply with paragraph (a) of this 29
section by reason of temporarily residing outside the county, or 30
any person who has a temporary or permanent physical disability, 31
persons who are sixty-five (65) years of age or older, any person 32
who is incarcerated in prison or jail in the county where the 33
person is registered to vote and has not been convicted of a 34
disenfranchising crime, or any person who is the parent, spouse or 35
dependent of a temporarily or permanently physically disabled 36
person who is hospitalized outside of his or her county of 37
residence or more than fifty (50) miles away from his or her 38
residence and such parent, spouse or dependent will be with such 39
person on election day, may make application for an absentee 40
ballot by mailing the appropriate application to the registrar. 41
Only persons temporarily residing out of the county of their 42
residence, persons having a temporary or permanent physical 43
disability, persons who are sixty-five (65) years of age or older, 44
any person who is incarcerated in prison or jail in the county 45
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where the person is registered to vote and has not been convicted 46
of a disenfranchising crime, or any person who is the parent, 47
spouse or dependent of a temporarily or permanently physically 48
disabled person who is hospitalized outside of his or her county 49
of residence or more than fifty (50) miles away from his or her 50
residence, and such parent, spouse or dependent will be with such 51
person on election day, may obtain absentee ballots by mail under 52
the provisions of this subsection and as provided by Section 53
23-15-713. Applications of persons temporarily residing outside 54
the county shall be sworn to and subscribed before an official who 55
is authorized to administer oaths or other official authorized to 56
witness absentee balloting as provided in this chapter, said 57
application to be accompanied by such verifying affidavits as 58
required by this chapter. The applications of persons having a 59
temporary or permanent physical disability shall not be required 60
to be accompanied by an affidavit but shall be witnessed and 61
signed by a person eighteen (18) years of age or older. The 62
registrar shall send to such absent voter a proper absentee voter 63
ballot within twenty-four (24) hours, or as soon thereafter as the 64
ballots are available, containing the names of all candidates who 65
qualify or the proposition to be voted on in such election, and 66
with such ballot there shall be sent an official envelope 67
containing upon it in printed form the recitals and data 68
hereinafter required. 69
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(ii) To ensure that persons who are incarcerated 70
in prisons or jails in the county where such persons are 71
registered to vote and have not been convicted of a 72
disenfranchising crime, sheriffs and police chiefs shall have 73
applications readily available for absentee ballots within the 74
prisons or jails for such incarcerated persons. 75
(c) Except when the voter has requested a runoff ballot 76
on the initial absentee ballot application, upon request for a 77
runoff ballot pursuant to Section 23-15-719, the registrar shall 78
mail together the absentee ballot application and the absentee 79
ballot to the absent voter for the runoff election. 80
SECTION 2. Section 23-15-627, Mississippi Code of 1972, is 81
brought forward as follows: 82
23-15-627. (1) Any elector described in Section 23-15-713 83
may request an absentee ballot application and vote in person at 84
the office of the registrar in the county in which he or she 85
resides. The registrar shall be responsible for furnishing an 86
absentee ballot application form to any elector authorized to 87
receive an absentee ballot. Such form shall be printed on the 88
absentee ballot envelope as provided in Section 23-15-659. Except 89
as otherwise provided in Section 23-15-625, absentee ballot 90
applications shall be furnished to a person only upon the oral or 91
written request of the elector who seeks to vote by absentee 92
ballot; however, the parent, child, spouse, sibling, legal 93
guardian, those empowered with a power of attorney for that 94
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elector's affairs or agent of the elector, who is designated in 95
writing and witnessed by a resident of this state who shall write 96
his or her physical address on such designation, may orally 97
request an absentee ballot application on behalf of the elector. 98
The written designation shall be valid for one (1) year after the 99
date of the designation. An absentee ballot application must have 100
the seal of the circuit or municipal clerk affixed to it and be 101
initialed by the registrar or his or her deputy in order to be 102
used to obtain an absentee ballot. A reproduction of an absentee 103
ballot application shall not be valid unless it is a reproduction 104
provided by the office of the registrar of the jurisdiction in 105
which the election is being held and which contains the seal and 106
initials required by this section. 107
(2) Such application shall be substantially in the following 108
form for applications mailed to absentee electors: 109
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 110
I, _____, duly qualified and registered in the ___ Precinct 111
of the County of _____, and State of Mississippi, coming within 112
the purview of the definition 'ABSENT ELECTOR' will be absent from 113
the county of my residence on election day, or unable to vote in 114
person because (check appropriate reason): 115
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 116
resident of Mississippi or have moved therefrom within thirty (30) 117
days of the coming presidential election. 118
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( ) I am an enlisted or commissioned member, male or female, 119
of any component of the United States Armed Forces and am a 120
citizen of Mississippi, or spouse or dependent of such member. 121
( ) I am a member of the Merchant Marine or the American Red 122
Cross and am a citizen of Mississippi or spouse or dependent of 123
such member. 124
( ) I am a disabled war veteran who is a patient in any 125
hospital and am a citizen of Mississippi or spouse or dependent of 126
such veteran. 127
( ) I am a civilian attached to and serving outside of the 128
United States with any branch of the Armed Forces or with the 129
Merchant Marine or American Red Cross, and am a citizen of 130
Mississippi or spouse or dependent of such civilian. 131
( ) I am a citizen of Mississippi temporarily residing 132
outside the territorial limits of the United States and the 133
District of Columbia. 134
( ) I am a student, teacher or administrator at a college, 135
university, junior or community college, high, junior high, 136
elementary or grade school, whose studies or employment at such 137
institution necessitates my absence from the county of my voting 138
residence or spouse or dependent of such student, teacher or 139
administrator who maintains a common domicile outside the county 140
of my voting residence with such student, teacher or 141
administrator. 142
( ) I will be outside the county on election day. 143
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( ) I have a temporary or permanent physical disability. 144
( ) I am sixty-five (65) years of age or older. 145
( ) I am the parent, spouse or dependent of a person with a 146
temporary or permanent physical disability who is hospitalized 147
outside his or her county of residence or more than fifty (50) 148
miles away from his or her residence, and I will be with such 149
person on election day. 150
( ) I am a member of the congressional delegation, or spouse 151
or dependent of a member of the congressional delegation. 152
( ) I am required to be at work on election day during the 153
times when the polls will be open or I am required to be on-call 154
on election day during the times when the polls will be open. 155
( ) I am incarcerated in prison or jail in the county where 156
I am registered to vote and have not been convicted of a 157
disenfranchising crime. 158
I hereby make application for an official ballot, or ballots, 159
to be voted by me at the election to be held in _____, on _____. 160
Mail 'Absent Elector's Ballot' to me at the following address 161
____________. 162
( ) I wish to receive an absentee ballot for the runoff 163
election ___________________________________________. 164
Notify me of a problem with my 'Absent Elector's Ballot' at 165
the following: 166
Phone number: _____________________________ 167
Email address: ____________________________ 168
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Mailing address: __________________________ 169
I realize that I can be fined up to Five Thousand Dollars 170
($5,000.00) and sentenced up to five (5) years in the Penitentiary 171
for making a false statement in this application and for selling 172
my vote and violating the Mississippi Absentee Voter Law. (This 173
sentence is to be in bold print.) 174
If you are temporarily or permanently disabled, you are not 175
required to have this application notarized or signed by an 176
official authorized to administer oaths for absentee balloting. 177
You are required to sign this application in the proper place and 178
have a person eighteen (18) years of age or older witness your 179
signature and sign this application in the proper place. 180
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 181
print.) 182
IN WITNESS WHEREOF I have hereunto set my hand and seal this 183
the ____ day of ______, 2___. 184
_________________________________ 185
(Signature of absent elector) 186
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 187
2___. 188
_________________________________ 189
(Official authorized to administer oaths 190
for absentee balloting.) 191
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 192
DISABLED: 193
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I HEREBY CERTIFY that this application for an absent 194
elector's ballot was signed by the above-named elector in my 195
presence and that I am at least eighteen (18) years of age, this 196
the _____ day of ____________________, 2___. 197
_________________________________ 198
(Signature of witness) 199
CERTIFICATE OF DELIVERY 200
I hereby certify that _________________ (print name of voter) 201
has requested that I, __________________ (print name of person 202
delivering application), deliver to the voter this absentee ballot 203
application. 204
__________________________________________ 205
(Signature of person delivering application) 206
__________________________________________ 207
(Address of person delivering application)" 208
(3) The application printed on the front of the absentee 209
ballot envelope for absentee voters appearing before the registrar 210
shall be substantially in the following form: 211
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 212
I, _____, duly qualified and registered in the ___ Precinct 213
of the County of _____, and State of Mississippi, coming within 214
the purview of the definition 'ABSENT ELECTOR' will be absent from 215
the county of my residence on election day, or unable to vote in 216
person because (check appropriate reason): 217
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( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 218
resident of Mississippi or have moved therefrom within thirty (30) 219
days of the coming presidential election. 220
( ) I am an enlisted or commissioned member, male or female, 221
of any component of the United States Armed Forces and am a 222
citizen of Mississippi, or spouse or dependent of such member. 223
( ) I am a member of the Merchant Marine or the American Red 224
Cross and am a citizen of Mississippi or spouse or dependent of 225
such member. 226
( ) I am a disabled war veteran who is a patient in any 227
hospital and am a citizen of Mississippi or spouse or dependent of 228
such veteran. 229
( ) I am a civilian attached to and serving outside of the 230
United States with any branch of the Armed Forces or with the 231
Merchant Marine or American Red Cross, and am a citizen of 232
Mississippi or spouse or dependent of such civilian. 233
( ) I am a citizen of Mississippi temporarily residing 234
outside the territorial limits of the United States and the 235
District of Columbia. 236
( ) I am a student, teacher or administrator at a college, 237
university, junior or community college, high, junior high, 238
elementary or grade school, whose studies or employment at such 239
institution necessitates my absence from the county of my voting 240
residence or spouse or dependent of such student, teacher or 241
administrator who maintains a common domicile outside the county 242
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of my voting residence with such student, teacher or 243
administrator. 244
( ) I will be outside the county on election day. 245
( ) I have a temporary or permanent physical disability. 246
( ) I am sixty-five (65) years of age or older. 247
( ) I am the parent, spouse or dependent of a person with a 248
temporary or permanent physical disability who is hospitalized 249
outside his or her county of residence or more than fifty (50) 250
miles away from his or her residence, and I will be with such 251
person on election day. 252
( ) I am a member of the congressional delegation, or spouse 253
or dependent of a member of the congressional delegation. 254
( ) I am required to be at work on election day during the 255
times when the polls will be open or I am required to be on-call 256
on election day during the times when the polls will be open. 257
( ) I am incarcerated in prison or jail in the county where 258
I am registered to vote and have not been convicted of a 259
disenfranchising crime. 260
I hereby make application for an official ballot, or ballots, 261
to be voted by me at the election to be held in _____, on _____. 262
Notify me of a problem with my 'Absent Elector's Ballot' at 263
the following: 264
Phone number: _____________________________ 265
Email address: ____________________________ 266
Mailing address: __________________________ 267
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ST: Applications for absentee ballots; require
sheriffs and police chiefs to have available for
certain inmates.
I realize that I can be fined up to Five Thousand Dollars 268
($5,000.00) and sentenced up to five (5) years in the Penitentiary 269
for making a false statement in this application and for selling 270
my vote and violating the Mississippi Absentee Voter Law. (This 271
sentence is to be in bold print.)" 272
SECTION 3. This act shall take effect and be in force from 273
and after its passage. 274