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H. B. No. 20 *HR43/R1264* ~ OFFICIAL ~ G1/2
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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Scott
HOUSE BILL NO. 20
AN ACT TO AMEND SECTION 23-15-719, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE A REGISTRAR TO ALLOW A PHYSICALLY DISABLED PERSON TO 2
ABSENTEE VOTE CURBSIDE DURING THE HOURS IN WHICH THE REGISTRAR'S 3
OFFICE IS OPEN FOR ABSENTEE VOTING; TO PROVIDE THE PROCESS FOR 4
CURBSIDE ABSENTEE VOTING; TO AMEND SECTIONS 23-15-637 AND 5
23-15-735, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD 6
SECTIONS 23-15-627, 23-15-631 AND 23-15-697, MISSISSIPPI CODE OF 7
1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 8
PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 23-15-719, Mississippi Code of 1972, is 11
amended as follows: 12
23-15-719. (1) Except where the registrar has already 13
mailed a ballot with an application, upon receipt of a properly 14
completed application form by an elector qualified to vote 15
absentee as provided in this article, the registrar shall mail the 16
absent voter an absentee ballot within one (1) business day, or as 17
soon as the absentee ballot is prepared and available, containing 18
the names of all the candidates and propositions, if any, to be 19
voted on in the election. The registrar shall include with the 20
absentee ballot an official envelope that complies with the 21
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provisions of Section 23-15-635, as well as information to comply 22
with Section 23-15-641(3) related to the status of the elector's 23
ballot. 24
(2) (a) When an absentee voter appears before the registrar 25
to vote, the registrar shall identify the applicant by requiring 26
him or her to present identification as required by Section 27
23-15-563, and shall then deliver the ballot to the applicant in 28
the registrar's office. After the applicant has properly marked 29
the ballot and properly folded it, he or she shall deposit it in 30
the envelope furnished to him or her by the registrar. 31
After the absentee voter has sealed the envelope, he or she 32
shall ensure the absentee application on the front of the envelope 33
is complete and shall subscribe and swear to an affidavit. The 34
affidavit shall be in the following form, which shall be printed 35
on the back of the envelope containing the applicant's ballot: 36
"STATE OF MISSISSIPPI 37
COUNTY OF ___________ 38
I, __________, do solemnly swear that this envelope contains 39
the ballot marked by me indicating my choice of the candidates or 40
propositions to be submitted at the election to be held on the ___ 41
day of __________, 2___, and I hereby authorize the registrar to 42
place this envelope in the ballot box on my behalf, and I further 43
authorize the resolution board to open this envelope and place my 44
ballot among the other ballots cast before such ballots are 45
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counted, and record my name on the poll list as if I were present 46
in person and voted. 47
I further swear that I marked the enclosed ballot in secret. 48
_______________________ 49
(Signature of voter) 50
SWORN TO AND SUBSCRIBED before me, __________, this the ___ 51
day of __________, 2___. 52
(Registrar) _______________________ 53
(Registrar)" 54
After the completion of the requirements of this section, the 55
elector shall deliver the envelope containing the ballot to the 56
registrar. 57
(b) A registrar may allow a physically disabled person 58
to absentee vote curbside during the hours in which the 59
registrar's office is open for absentee voting. Whenever the 60
registrar of a county, exercising his or her sound discretion, 61
determines that a physically disabled person has arrived at the 62
registrar's office in a motor vehicle to absentee vote, the 63
registrar shall identify the applicant by requiring him or her to 64
present identification as required by Section 23-15-563, and then 65
shall deliver the ballot to the disabled applicant in the 66
applicant's motor vehicle. The applicant shall cast his or her 67
ballot in secret. To ensure the secrecy of the absentee vote of 68
the disabled applicant, other passengers in the motor vehicle, 69
except the disabled applicant and any other disabled persons in 70
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the motor vehicle, shall exit the motor vehicle until the disabled 71
applicant has completed the marking of his or her absentee ballot. 72
After the applicant has marked properly the absentee ballot and 73
properly folded it, he or she shall deposit it in the envelope 74
furnished to him or her by the registrar. 75
After the absentee voter has sealed the envelope, he or she 76
shall ensure the absentee application on the front of the envelope 77
is complete and shall subscribe and swear to an affidavit. The 78
affidavit must be in the following form, which must be printed on 79
the back of the envelope containing the applicant's ballot: 80
"STATE OF MISSISSIPPI 81
COUNTY OF ___________ 82
I, __________, do solemnly swear that this envelope contains 83
the ballot marked by me indicating my choice of the candidates or 84
propositions to be submitted at the election to be held on the ___ 85
day of __________, 2___, and I hereby authorize the registrar to 86
place this envelope in the ballot box on my behalf, and I further 87
authorize the resolution board to open this envelope and place my 88
ballot among the other ballots cast before such ballots are 89
counted, and record my name on the poll list as if I were present 90
in person and voted. 91
I further swear that I marked the enclosed ballot in secret. 92
_______________________ 93
(Signature of voter) 94
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SWORN TO AND SUBSCRIBED before me, __________, this the ___ 95
day of __________, 2___. 96
(Registrar) _______________________ 97
(Registrar)" 98
After the completion of the requirements of this section, the 99
elector shall deliver the envelope containing the ballot to the 100
registrar. 101
(3) If the voter has received assistance in marking his or 102
her ballot, the person providing the assistance shall complete the 103
following form which shall be printed on the back of the envelope 104
containing the applicant's ballot: 105
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE 106
(To be completed only if the voter has received assistance in 107
marking the enclosed ballot.) I hereby certify that the 108
above-named voter declared to me that he or she is blind, 109
temporarily or permanently physically disabled, or cannot read or 110
write, and that the voter requested that I assist the voter in 111
marking the enclosed absentee ballot. I hereby certify that the 112
ballot preferences on the enclosed ballot are those communicated 113
by the voter to me, and that I have marked the enclosed ballot in 114
accordance with the voter's instructions. 115
___________________________________________ 116
Signature of person providing assistance 117
___________________________________________ 118
Printed name of person providing assistance 119
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___________________________________________ 120
Address of person providing assistance 121
___________________________________________ 122
Date and time assistance provided 123
___________________________________________ 124
Family relationship to voter (if any)" 125
(4) The envelope used pursuant to this section shall not 126
contain the form prescribed by Section 23-15-635 and shall have 127
printed on the flap on the back of the envelope in bold print and 128
in a distinguishing color, the following: "YOUR VOTE WILL BE 129
REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND 130
AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS 131
ENVELOPE." 132
A portion of the voter's signature extending outside of the 133
box shall not be grounds for rejecting that voter's ballot. 134
(5) The registrar shall not personally hand deliver ballots 135
to voters, except to those who personally appear in the 136
registrar's office to absentee vote and to those who curbside 137
absentee vote as provided in this section. 138
SECTION 2. Section 23-15-637, Mississippi Code of 1972, is 139
amended as follows: 140
23-15-637. (1) (a) Absentee ballots and applications 141
received by mail, except for fax or electronically transmitted 142
ballots as otherwise provided by Section 23-15-699 for UOCAVA 143
ballots, or common carrier, such as United Parcel Service or FedEx 144
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Corporation, must be postmarked on or before the date of the 145
election and received by the registrar no more than five (5) 146
business days after the election; any received after such time 147
shall be handled as provided in Section 23-15-647 and shall not be 148
counted. 149
(b) Except as otherwise provided in Section 23-15-719, 150
all ballots cast by the absent elector appearing in person in the 151
office of the registrar shall be cast with an absentee paper 152
ballot and deposited into a sealed ballot box by the voter, not 153
later than 12:00 noon on the Saturday immediately preceding 154
elections held on Tuesday, the Thursday immediately preceding 155
elections held on Saturday, or the second day immediately 156
preceding the date of elections held on other days. At the close 157
of business each day at the office of the registrar, the ballot 158
box used shall be sealed and not unsealed until the beginning of 159
the next business day, and the seal number shall be recorded with 160
the number of ballots cast which shall be stored in a secure 161
location in the registrar's office. 162
(2) The registrar shall deposit all absentee ballots which 163
have been timely cast and received by mail in a secured and sealed 164
box in a designated location in the registrar's office upon 165
receipt. The registrar shall not send any absentee ballots to the 166
precinct polling locations. 167
(3) The Secretary of State shall promulgate rules and 168
regulations necessary to ensure that when a qualified elector who 169
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is qualified to vote absentee votes by absentee ballot, either by 170
mail or in person with a regular paper ballot, that person's 171
absentee vote is final and he or she may not vote at the polling 172
place on election day. Notwithstanding any other provisions of 173
law to the contrary, the Secretary of State shall promulgate rules 174
and regulations necessary to ensure that absentee ballots shall 175
remain in the registrar's office for counting and not be taken to 176
the precincts on election day. 177
SECTION 3. Section 23-15-735, Mississippi Code of 1972, is 178
amended as follows: 179
23-15-735. Except for ballots voted in person or curbside at 180
the office of the registrar, absentee ballots shall not be 181
delivered in person to an absentee voter or to any other person. 182
SECTION 4. Section 23-15-627, Mississippi Code of 1972, is 183
brought forward as follows: 184
23-15-627. (1) Any elector described in Section 23-15-713 185
may request an absentee ballot application and vote in person at 186
the office of the registrar in the county in which he or she 187
resides. The registrar shall be responsible for furnishing an 188
absentee ballot application form to any elector authorized to 189
receive an absentee ballot. Such form shall be printed on the 190
absentee ballot envelope as provided in Section 23-15-659. Except 191
as otherwise provided in Section 23-15-625, absentee ballot 192
applications shall be furnished to a person only upon the oral or 193
written request of the elector who seeks to vote by absentee 194
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ballot; however, the parent, child, spouse, sibling, legal 195
guardian, those empowered with a power of attorney for that 196
elector's affairs or agent of the elector, who is designated in 197
writing and witnessed by a resident of this state who shall write 198
his or her physical address on such designation, may orally 199
request an absentee ballot application on behalf of the elector. 200
The written designation shall be valid for one (1) year after the 201
date of the designation. An absentee ballot application must have 202
the seal of the circuit or municipal clerk affixed to it and be 203
initialed by the registrar or his or her deputy in order to be 204
used to obtain an absentee ballot. A reproduction of an absentee 205
ballot application shall not be valid unless it is a reproduction 206
provided by the office of the registrar of the jurisdiction in 207
which the election is being held and which contains the seal and 208
initials required by this section. 209
(2) Such application shall be substantially in the following 210
form for applications mailed to absentee electors: 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
Mail 'Absent Elector's Ballot' to me at the following address 263
____________. 264
( ) I wish to receive an absentee ballot for the runoff 265
election ___________________________________________. 266
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Notify me of a problem with my 'Absent Elector's Ballot' at 267
the following: 268
Phone number: _____________________________ 269
Email address: ____________________________ 270
Mailing address: __________________________ 271
I realize that I can be fined up to Five Thousand Dollars 272
($5,000.00) and sentenced up to five (5) years in the Penitentiary 273
for making a false statement in this application and for selling 274
my vote and violating the Mississippi Absentee Voter Law. (This 275
sentence is to be in bold print.) 276
If you are temporarily or permanently disabled, you are not 277
required to have this application notarized or signed by an 278
official authorized to administer oaths for absentee balloting. 279
You are required to sign this application in the proper place and 280
have a person eighteen (18) years of age or older witness your 281
signature and sign this application in the proper place. 282
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 283
print.) 284
IN WITNESS WHEREOF I have hereunto set my hand and seal this 285
the ____ day of ______, 2___. 286
_________________________________ 287
(Signature of absent elector) 288
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 289
2___. 290
_________________________________ 291
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(Official authorized to administer oaths 292
for absentee balloting.) 293
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 294
DISABLED: 295
I HEREBY CERTIFY that this application for an absent 296
elector's ballot was signed by the above-named elector in my 297
presence and that I am at least eighteen (18) years of age, this 298
the _____ day of ____________________, 2___. 299
_________________________________ 300
(Signature of witness) 301
CERTIFICATE OF DELIVERY 302
I hereby certify that _________________ (print name of voter) 303
has requested that I, __________________ (print name of person 304
delivering application), deliver to the voter this absentee ballot 305
application. 306
__________________________________________ 307
(Signature of person delivering application) 308
__________________________________________ 309
(Address of person delivering application)" 310
(3) The application printed on the front of the absentee 311
ballot envelope for absentee voters appearing before the registrar 312
shall be substantially in the following form: 313
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 314
I, _____, duly qualified and registered in the ___ Precinct 315
of the County of _____, and State of Mississippi, coming within 316
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the purview of the definition 'ABSENT ELECTOR' will be absent from 317
the county of my residence on election day, or unable to vote in 318
person because (check appropriate reason): 319
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 320
resident of Mississippi or have moved therefrom within thirty (30) 321
days of the coming presidential election. 322
( ) I am an enlisted or commissioned member, male or female, 323
of any component of the United States Armed Forces and am a 324
citizen of Mississippi, or spouse or dependent of such member. 325
( ) I am a member of the Merchant Marine or the American Red 326
Cross and am a citizen of Mississippi or spouse or dependent of 327
such member. 328
( ) I am a disabled war veteran who is a patient in any 329
hospital and am a citizen of Mississippi or spouse or dependent of 330
such veteran. 331
( ) I am a civilian attached to and serving outside of the 332
United States with any branch of the Armed Forces or with the 333
Merchant Marine or American Red Cross, and am a citizen of 334
Mississippi or spouse or dependent of such civilian. 335
( ) I am a citizen of Mississippi temporarily residing 336
outside the territorial limits of the United States and the 337
District of Columbia. 338
( ) I am a student, teacher or administrator at a college, 339
university, junior or community college, high, junior high, 340
elementary or grade school, whose studies or employment at such 341
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institution necessitates my absence from the county of my voting 342
residence or spouse or dependent of such student, teacher or 343
administrator who maintains a common domicile outside the county 344
of my voting residence with such student, teacher or 345
administrator. 346
( ) I will be outside the county on election day. 347
( ) I have a temporary or permanent physical disability. 348
( ) I am sixty-five (65) years of age or older. 349
( ) I am the parent, spouse or dependent of a person with a 350
temporary or permanent physical disability who is hospitalized 351
outside his or her county of residence or more than fifty (50) 352
miles away from his or her residence, and I will be with such 353
person on election day. 354
( ) I am a member of the congressional delegation, or spouse 355
or dependent of a member of the congressional delegation. 356
( ) I am required to be at work on election day during the 357
times when the polls will be open or I am required to be on-call 358
on election day during the times when the polls will be open. 359
( ) I am incarcerated in prison or jail in the county where 360
I am registered to vote and have not been convicted of a 361
disenfranchising crime. 362
I hereby make application for an official ballot, or ballots, 363
to be voted by me at the election to be held in _____, on _____. 364
Notify me of a problem with my 'Absent Elector's Ballot' at 365
the following: 366
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Phone number: _____________________________ 367
Email address: ____________________________ 368
Mailing address: __________________________ 369
I realize that I can be fined up to Five Thousand Dollars 370
($5,000.00) and sentenced up to five (5) years in the Penitentiary 371
for making a false statement in this application and for selling 372
my vote and violating the Mississippi Absentee Voter Law. (This 373
sentence is to be in bold print.)" 374
SECTION 5. Section 23-15-631, Mississippi Code of 1972, is 375
brought forward as follows: 376
23-15-631. (1) The registrar shall enclose with each ballot 377
mailed to an absent elector separate printed instructions 378
furnished by the registrar containing the following: 379
(a) All absentee voters, excepting those with temporary 380
or permanent physical disabilities or those who are sixty-five 381
(65) years of age or older, who mark their ballots in the county 382
of the residence shall use the registrar of that county as the 383
witness. The absentee voter shall come to the office of the 384
registrar and neither the registrar nor his or her deputy shall be 385
required to go out of the registrar's office to serve as an 386
attesting witness. 387
(b) Upon receipt of the enclosed ballot, you will not 388
mark the ballot except in view or sight of the attesting witness. 389
In the sight or view of the attesting witness, mark the ballot 390
according to instructions. 391
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(c) After marking the ballot, fill out and sign the 392
"ELECTOR'S CERTIFICATE" in the box on the back of the envelope so 393
that the signature is across the flap of the envelope to ensure 394
the integrity of the ballot. All absent electors shall have the 395
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 396
box across the flap on the back of the envelope. A portion of the 397
elector's signature extending outside of the box shall not be 398
grounds for rejecting that elector's ballot. Place the necessary 399
postage on the envelope and deposit it in the post office or some 400
government receptacle provided for the deposit of mail so that the 401
absent elector's ballot will be postmarked on or before the date 402
of the election and received by the registrar no more than five 403
(5) business days after the election. The ballot may only be 404
transmitted by the United States Postal Service or other common 405
carriers, including, but not limited to, United Parcel Service or 406
FedEx Corporation. 407
Any notary public, United States postmaster, assistant United 408
States postmaster, United States postal supervisor, clerk in 409
charge of a contract postal station, or other officer having 410
authority to administer an oath or take an acknowledgment may be 411
an attesting witness; provided, however, that in the case of an 412
absent elector who is temporarily or permanently physically 413
disabled, the attesting witness may be any person eighteen (18) 414
years of age or older and such person is not required to have the 415
authority to administer an oath. If a postmaster, assistant 416
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postmaster, postal supervisor, or clerk in charge of a contract 417
postal station acts as an attesting witness, his or her signature 418
in a box on the elector's certificate must be authenticated by the 419
cancellation stamp of their respective post offices. If an 420
officer having authority to administer an oath or take an 421
acknowledgment acts as attesting witness, his or her signature in 422
a box on the elector's certificate, together with his or her title 423
and address, but no seal, shall be required. A portion of the 424
elector's signature extending outside of the box shall not be 425
grounds for rejecting that elector's ballot. Any affidavits made 426
by an absent elector who is in the Armed Forces may be executed 427
before a commissioned officer, warrant officer, or noncommissioned 428
officer not lower in grade than sergeant rating or any person 429
authorized to administer oaths. 430
(d) When the application accompanies the ballot it 431
shall not be returned in the same envelope as the ballot but shall 432
be returned in a separate pre-addressed envelope provided by the 433
registrar. 434
(e) A candidate for public office, or the spouse, 435
parent or child of a candidate for public office, may not be an 436
attesting witness for any absentee ballot upon which the 437
candidate's name appears, unless the voter is related within the 438
first degree to the candidate or the spouse, parent or child of 439
the candidate. 440
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(f) Any voter casting an absentee ballot who declares 441
that he or she requires assistance to vote by reason of blindness, 442
temporary or permanent physical disability or inability to read or 443
write, shall be entitled to receive assistance in the marking of 444
his or her absentee ballot and in completing the affidavit on the 445
absentee ballot envelope. The voter may be given assistance by 446
anyone of the voter's choice other than a candidate whose name 447
appears on the absentee ballot being marked, the spouse, parent or 448
child of a candidate whose name appears on the absentee ballot 449
being marked or the voter's employer, an agent of that employer or 450
a union representative; however, a candidate whose name is on the 451
ballot or the spouse, parent or child of such candidate may 452
provide assistance upon request to any voter who is related within 453
the first degree. In order to ensure the integrity of the ballot, 454
any person who provides assistance to an absentee voter shall be 455
required to sign and complete the "Certificate of Person Providing 456
Voter Assistance" on the absentee ballot envelope. 457
(2) The foregoing instructions required to be provided by 458
the registrar to the elector shall also constitute the substantive 459
law pertaining to the handling of absentee ballots by the elector 460
and registrar. 461
(3) The Secretary of State shall prepare instructions on how 462
absent voters may comply with the identification requirements of 463
Section 23-15-563. 464
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ST: Curbside voting; authorize for those voting
in person absentee at registrar's office.
SECTION 6. Section 23-15-697, Mississippi Code of 1972, is 465
brought forward as follows: 466
23-15-697. When the absentee ballot has been voted and the 467
envelope sealed, signed and certified to as provided above, the 468
absentee voter shall mail the envelope containing the ballot to 469
the registrar. 470
Hand-delivery of ballots to a voter or from a voter shall be 471
prohibited, and the use of drop boxes or other mechanisms to 472
submit a completed absentee ballot other than by mail or common 473
carrier, shall be prohibited. 474
SECTION 7. This act shall take effect and be in force from 475
and after July 1, 2026. 476