In-person absentee voting; require daily printout of total number of votes cast in circuit clerk's office by OMR equipment.

H. B. No. 1240 *HR43/R1776* ~ OFFICIAL ~ G1/2
26/HR43/R1776
PAGE 1 (RKM\KP)

To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Sanford

HOUSE BILL NO. 1240

AN ACT TO DIRECT THE SECRETARY OF STATE TO REQUIRE THE OFFICE 1
OF THE CIRCUIT CLERK TO CAUSE A DAILY REPORT TABULATING THE TOTAL 2
NUMBER OF IN-PERSON ABSENTEE BALLOTS CAST THAT DAY TO BE PRINTED 3
BY THE OMR EQUIPMENT AT THE CLOSE OF BUSINESS AND MADE AVAILABLE 4
TO THE PUBLIC; TO BRING FORWARD SECTIONS 23-15-507 AND 23-15-519, 5
MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND 6
FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) The Secretary of State shall require, at the 9
close of business on each day during the period that in-person 10
absentee voting is conducted, the Office of the Circuit Clerk to 11
cause a daily report to be generated and printed by the OMR 12
equipment tabulating the total number of absentee ballots that 13
were cast in person that day. 14
(2) The circuit clerk shall make the daily report required 15
under subsection (1) of this section available to the public upon 16
request. 17
SECTION 2. Section 23-15-507, Mississippi Code of 1972, is 18
brought forward as follows: 19
H. B. No. 1240 *HR43/R1776* ~ OFFICIAL ~
26/HR43/R1776
PAGE 2 (RKM\KP)

23-15-507. No OMR equipment shall be acquired or used in 20
accordance with this chapter unless it shall: 21
(a) Permit eligible voters to vote at any election for 22
all persons for whom they are lawfully entitled to vote; to vote 23
for as many persons for an office as they are lawfully entitled to 24
vote; to vote for or against any ballot initiative, measure or 25
other local issue upon which they are lawfully entitled to vote; 26
(b) The OMR equipment shall be capable of rejecting 27
choices marked on the ballot if the number of choices exceeds the 28
number that the voter is entitled to vote for the office or on the 29
measure; 30
(c) Permit each voter, in presidential elections, by 31
one (1) mark to vote for the candidates of that party for 32
President, Vice President, and their presidential electors, or to 33
vote individually for the electors of their choice when permitted 34
by law; 35
(d) Permit each voter, in other than primary elections, 36
to vote for the nominees of one or more parties and for 37
independent candidates; 38
(e) Permit each voter to vote for candidates only in 39
the primary in which he or she is qualified to vote; 40
(f) Permit each voter to vote for persons whose names 41
are not on the printed ballot; 42
(g) Be suitably designed for the purpose used, of 43
durable construction, and may be used safely, efficiently and 44
H. B. No. 1240 *HR43/R1776* ~ OFFICIAL ~
26/HR43/R1776
PAGE 3 (RKM\KP)

accurately in the conduct of elections and the counting of 45
ballots; 46
(h) Be provided with means for sealing the ballots 47
after the close of the polls; 48
(i) When properly operated, record correctly and count 49
accurately all votes cast; and 50
(j) Provide the voter with a set of instructions that 51
will be displayed in such a way that a voter may readily learn the 52
method of voting. 53
SECTION 3. Section 23-15-519, Mississippi Code of 1972, is 54
brought forward as follows: 55
23-15-519. The poll managers shall prepare a ballot 56
accounting report that documents the number of voters who have 57
voted, as indicated by the receipt book and the number of ballots 58
used in the election. The poll managers shall place the report in 59
the ballot box, with the seal logs, receipt books, absentee 60
ballots, affidavit ballots, challenged ballots, curbside ballots, 61
emergency ballots, spoiled ballots and unused ballots, which 62
thereupon shall be sealed with a tamper-evident seal, which is a 63
seal that has been designed in such a way to allow someone to 64
easily detect any tampering, so that no additional ballots may be 65
deposited or removed from the ballot box. The poll managers, 66
while they have possession of the election materials, and the 67
officials in charge of the election, once the poll managers have 68
delivered the ballot box to the counting center or other 69
H. B. No. 1240 *HR43/R1776* ~ OFFICIAL ~
26/HR43/R1776
PAGE 4 (RKM\KP)
ST: In-person absentee voting; require daily
printout of total number of votes cast in
circuit clerk's office by OMR equipment.
designated place, shall be required to keep a seal log to document 70
each time a tamper-evident seal for a ballot box is opened or 71
changed. The seal log shall require the name of the person who 72
opened the seal, the old seal number, the new seal number, the 73
date the seal was opened and the purpose for opening the seal. 74
The receiving and returning poll manager shall deliver the ballot 75
box to the counting center or other designated place and receive a 76
signed, numbered receipt therefor. The poll books and other 77
records and supplies shall be returned as directed by the 78
officials in charge of the election. Failure to strictly comply 79
with the provisions of this section shall not result in a 80
presumption of fraud. 81
SECTION 4. Section 1 of this act shall be codified as a new 82
Section in Chapter 15, Title 23, Mississippi Code of 1972. 83
SECTION 5. This act shall take effect and be in force from 84
and after July 1, 2026. 85