Same-day voter registration; authorize.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 22

AN ACT TO AUTHORIZE A QUALIFIED ELECTOR WHO WISHES TO 1
REGISTER TO VOTE TO REGISTER ON THE DAY OF THE ELECTION AND THEN 2
PROCEED TO CAST HIS OR HER VOTE AT THE PROPER POLLING PLACE; TO 3
PROVIDE THE LOCATION TO CONDUCT THE REGISTRATION ON ELECTION DAY; 4
TO PROVIDE THE IDENTIFICATION REQUIRED TO BE PRESENTED IN ORDER TO 5
REGISTER TO VOTE ON ELECTION DAY; TO PROVIDE THE PROCEDURES THAT 6
POLL MANAGERS MUST IMPLEMENT WHEN A PERSON REGISTERS TO VOTE ON 7
ELECTION DAY; TO PROVIDE THAT ELECTION DAY REGISTRATION BALLOTS 8
MUST BE TREATED THE SAME AS ABSENTEE BALLOTS FOR CERTAIN PURPOSES; 9
TO REQUIRE THE SECRETARY OF STATE TO PROMULGATE THE NECESSARY 10
RULES AND REGULATIONS TO EFFECTUATE SAME DAY VOTER REGISTRATION; 11
TO AMEND SECTIONS 23-15-11, 23-15-13, 23-15-35, 23-15-37, 12
23-15-39, 23-15-41 AND 23-15-125, MISSISSIPPI CODE OF 1972, TO 13
CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 14
WHEREAS, according to the National Conference of State 15
Legislatures (NCSL), as of 2024, a total of twenty-three (23) 16
states and the District of Columbia have enacted same day voter 17
registration, which allows any qualified resident of the state to 18
go to register to vote and cast a ballot all in that same day; and 19
WHEREAS, based on research from the NCSL, there is strong 20
evidence that same day voter registration increases voter turnout, 21
and same day voter registration states tend to outperform other 22
states in terms of turnout percentages; and 23
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WHEREAS, according to NCSL, all states that implement same 24
day voter registration employ various measures to ensure the 25
security of same day voter registration in order to uphold the 26
integrity of the election; NOW, THEREFORE, 27
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 28
SECTION 1. (1) Notwithstanding any other provision of law 29
to the contrary, a qualified elector who wishes to register to 30
vote may register on the day of the election and then proceed to 31
cast his or her vote at the proper polling place. 32
(2) The election commissioners of each county may designate 33
a location for the completion and processing of election day 34
registration applications through the Statewide Elections 35
Management System. The election commissioners may appoint one or 36
more additional poll managers to serve at the designated location 37
and accept and process registration applications. The election 38
commissioners shall supervise the poll managers and train them as 39
necessary for the registration of voters as otherwise provided by 40
law. The additional poll managers must be compensated as provided 41
by law. 42
(3) (a) A person applying to register on election day under 43
this section must appear in person at a location designated by the 44
election commissioners for election day registration and declare 45
under oath that the person has not voted previously in the 46
election. 47
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(b) An applicant shall present the photo identification 48
required in Section 23-15-563 to the poll managers at the 49
location. If this identification does not include proof of the 50
applicant's residential address, the applicant also must submit 51
identification that shows the applicant's bona fide residence 52
address, including, but not limited to, a utility bill that has 53
the applicant's name and current address and that has a due date 54
that is not later than thirty (30) days after the election. 55
(c) If the poll managers determine that an applicant 56
has satisfied all of the provisions of this section and Section 57
23-15-11, the election commissioners shall check the Statewide 58
Elections Management System before entering the applicant as an 59
elector. 60
(d) If the poll managers determine that the applicant 61
has satisfied all of the provisions of this section and Section 62
23-15-11, and the applicant is not registered already as an 63
elector as determined by the Statewide Elections Management 64
System, the poll managers must admit the applicant as a qualified 65
elector, and all of the privileges of a qualified elector will 66
attach immediately. 67
(e) (i) If a qualified elector registers to vote on 68
election day as provided in this section, the poll managers must 69
provide the elector an election day registration ballot and an 70
election day registration envelope and make a record of the 71
issuance. The ballot must be marked clearly that it is an 72
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election day registration ballot and be in the same form as other 73
ballots for the election. The back of the election day 74
registration envelope must be imprinted with an affirmation that 75
the elector must declare under oath that he or she has not voted 76
previously in the election. The affirmation must be in the form 77
substantially as follows and signed by the elector: 78
"AFFIRMATION 79
I, the undersigned, do hereby state, under penalty of false 80
statement (perjury), that: 81
1. I am the person admitted here as an elector in the 82
precinct indicated. 83
2. I am eligible to vote in the election indicated for 84
today in the precinct indicated. 85
3. The information I have presented as identification 86
is correct and complete. 87
4. I reside at the address that I have given to the 88
poll managers. 89
5. If previously registered at another location, I have 90
provided that address to the poll managers and hereby request 91
cancellation of that prior registration. 92
6. I have not voted in person or by absentee ballot, 93
and I will not vote otherwise than by this ballot at this 94
election. 95
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7. I completed an application for an election day 96
registration ballot and received an election day registration 97
ballot. 98
__________________________ 99
(Signature of voter)" 100
(ii) After the elector has marked the election day 101
registration ballot as other paper ballots are marked as provided 102
in this chapter, the elector must place the election day 103
registration ballot in the election day registration envelope 104
provided and deposit the envelope in a secured election day 105
registration ballot box. At the time of the close of the polls, 106
the election day registration ballot box must be transported as 107
provided in this chapter for other ballot boxes. The election day 108
registration ballots must be counted as provided by this chapter 109
for the counting of absentee ballots on election day. 110
(4) The provisions of this chapter and provisions concerning 111
procedures relating to the custody, control and counting of 112
absentee ballots apply, as nearly as possible, to the custody, 113
control and counting of election day registration ballots under 114
subsections (a) through (e) of this subsection. 115
(5) After the acceptance of an election day registration, 116
the election commissioners shall send a registration confirmation 117
notice to the residential address of each applicant who is 118
admitted as an elector on election day under subsections (a) 119
through (e) of this subsection. The confirmation must be sent by 120
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first class mail with instructions on the envelope that it be 121
returned if not deliverable at the address shown on the envelope. 122
(6) Notwithstanding the provisions of any laws or parts of 123
laws in conflict with this section, the provisions of this section 124
are controlling to the extent of the conflict. 125
(7) The Secretary of State shall promulgate rules and 126
regulations necessary to effectuate same day voter registration, 127
including measures to inform the public about the availability of 128
same day voter registration. 129
SECTION 2. Section 23-15-11, Mississippi Code of 1972, is 130
amended as follows: 131
23-15-11. Every inhabitant of this state, except persons 132
adjudicated to be non compos mentis, who is a citizen of the 133
United States of America, eighteen (18) years old and upwards, who 134
has resided in this state for thirty (30) days and for thirty (30) 135
days in the county in which he or she seeks to vote, and for 136
thirty (30) days in the incorporated municipality in which he or 137
she seeks to vote, and who has been duly registered as an elector 138
under Section 23-15-33, and who has never been convicted of vote 139
fraud or of any crime listed in Section 241, Mississippi 140
Constitution of 1890, shall be a qualified elector in and for the 141
county, municipality and voting precinct of his or her residence, 142
and shall be entitled to vote at any election upon compliance with 143
Section 23-15-563. * * * Except as otherwise provided in Section 144
1 of this act, any person who will be eighteen (18) years of age 145
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or older on or before the date of the general election and who is 146
duly registered to vote not less than thirty (30) days before the 147
primary election associated with the general election, may vote in 148
the primary election even though the person has not reached his or 149
her eighteenth birthday at the time that the person seeks to vote 150
at the primary election. Except as otherwise provided in Section 151
1 of this act, no others than those specified in this section 152
shall be entitled, or shall be allowed, to vote at any election. 153
SECTION 3. Section 23-15-13, Mississippi Code of 1972, is 154
amended as follows: 155
23-15-13. (1) An elector who moves from one (1) ward or 156
voting precinct to another ward within the same municipality or 157
voting precinct within the same county shall not be disqualified 158
to vote, but he or she shall be entitled to have his or her 159
registration transferred to his or her new ward or voting precinct 160
upon making a written request therefor at any time up to * * * the 161
day of the election at which he or she offers to vote * * *. 162
(2) If an elector requests a change in his or her address 163
under Section 23-15-49 and the address is located in a precinct in 164
the county or municipality that differs from the precinct as 165
reflected in the then current registration records, the request 166
shall be treated in the same manner as a written request to 167
transfer the elector's registration under subsection (1) of this 168
section. 169
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SECTION 4. Section 23-15-35, Mississippi Code of 1972, is 170
amended as follows: 171
23-15-35. (1) The clerk of the municipality shall be the 172
registrar of voters of the municipality, and shall take the oath 173
of office prescribed by Section 268 of the Constitution. The 174
municipal registration shall conform to the county registration 175
which shall be a part of the official record of registered voters 176
as contained in the Statewide Elections Management System. The 177
municipal clerk shall comply with all the provisions of law 178
regarding the registration of voters, including the use of the 179
voter registration applications used by county registrars and 180
prescribed by the Secretary of State under Sections 23-15-39 and 181
23-15-47 and Section 1 of this act. 182
(2) The municipal clerk shall be authorized to register 183
applicants as county electors. The municipal clerk shall forward 184
notice of registration, a copy of the application for 185
registration, and any changes to the registration when they occur, 186
either by certified mail to the county registrar or by personal 187
delivery to the county registrar provided that a numbered receipt 188
is signed by the county registrar in return for the described 189
documents. Upon receipt of the copy of the application for 190
registration or changes to the registration, and if a review of 191
the application indicates that the applicant meets all the 192
criteria necessary to qualify as a county elector, then the county 193
registrar shall make a determination of the county voting precinct 194
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in which the person making the application shall be required to 195
vote. The county registrar shall send this county voting precinct 196
information by United States first-class mail, postage prepaid, to 197
the person at the address provided on the application. Any 198
mailing costs incurred by the municipal clerk or the county 199
registrar in effectuating this subsection (2) shall be paid by the 200
county board of supervisors. If a review of the copy of the 201
application for registration or changes to the registration 202
indicates that the applicant is not qualified to vote in the 203
county, the county registrar shall challenge the application. The 204
county election commissioners shall review any challenge or 205
disqualification, after having notified the applicant by certified 206
mail of the challenge or disqualification. 207
(3) The municipal clerk shall issue to the person making the 208
application a copy of the application and the county registrar 209
shall process the application in accordance with the law regarding 210
the handling of voter registration applications. 211
(4) The receipt of a copy of the application for 212
registration sent pursuant to Section 23-15-39(3) shall be 213
sufficient to allow the applicant to be registered as an elector 214
in the municipality, provided that such application is not 215
challenged as provided for therein. 216
(5) The municipal clerk of each municipality shall provide 217
the county registrar in which the municipality is located the 218
information necessary to conform the municipal registration to the 219
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county registration which shall be a part of the official record 220
of registered voters as contained in the Statewide Elections 221
Management System. If any changes to the information occur as a 222
result of redistricting, annexation or other reason, it shall be 223
the responsibility of the municipal clerk to timely provide the 224
changes to the county registrar. The location of a polling place 225
shall not be altered within sixty (60) days of any primary, 226
general, runoff or special election unless exigent circumstances 227
exist. If the governing authorities find that exigent 228
circumstances exist where a polling place needs to be altered 229
within sixty (60) days of an election, then their reasons for 230
making that decision shall be spread upon the minutes at their 231
next scheduled meeting. When the location of a polling place is 232
altered within sixty (60) days of an election, public notice of 233
the change shall be posted at city hall, the courthouse, the 234
registrar's office, the previous polling place location if it is a 235
public building, and for three (3) consecutive weeks, or each week 236
before the election if the alteration happens within three (3) 237
weeks of the election, in a newspaper that is circulated in the 238
area. 239
SECTION 5. Section 23-15-37, Mississippi Code of 1972, is 240
amended as follows: 241
23-15-37. (1) The registrar shall register the electors of 242
his or her county at any time during regular office hours and on 243
election day as provided in Section 1 of this act. 244
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(2) The county registrar may keep his or her office open to 245
register voters from 8:00 a.m. until 7:00 p.m., including the noon 246
hour, for the five (5) business days immediately preceding the 247
thirtieth day before any regularly scheduled primary or general 248
election. The county registrar shall also keep his or her office 249
open from 8:00 a.m. until 12:00 noon on the Saturday immediately 250
preceding the thirtieth day before any regularly scheduled primary 251
or general election, unless that Saturday falls on a legal 252
holiday, in which case registration applications submitted on the 253
Monday immediately following the legal holiday shall be accepted 254
and entered in the Statewide Elections Management System for the 255
purpose of enabling such voters to vote in the next primary or 256
general election. Qualified electors must be allowed to register 257
to vote and cast a ballot on election day as provided in Section 1 258
of this act. 259
(3) The registrar, or any deputy registrar duly appointed by 260
law, may visit and spend such time as he or she may deem necessary 261
at any location in his or her county, selected by the registrar 262
not less than thirty (30) days before an election, for the purpose 263
of registering voters. 264
(4) A person who is physically disabled and unable to visit 265
the office of the registrar to register to vote due to such 266
disability may contact the registrar and request that the 267
registrar or the registrar's deputy visit him or her for the 268
purpose of registering such person to vote. The registrar or the 269
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registrar's deputy shall visit that person as soon as possible 270
after such request and provide the person with an application for 271
registration, if necessary. The completed application for 272
registration shall be executed in the presence of the registrar or 273
the registrar's deputy. 274
(5) (a) In the fall and spring of each year the registrar 275
of each county shall furnish all public schools with mail-in voter 276
registration applications. The applications shall be provided in 277
a reasonable time to enable those students who will be eighteen 278
(18) years of age before a general election to be able to vote in 279
the primary and general elections. 280
(b) Each public school district shall permit access to 281
all public schools of this state for the county registrar or the 282
county registrar's deputy to register persons who are eligible to 283
vote and to provide voter education. 284
SECTION 6. Section 23-15-39, Mississippi Code of 1972, is 285
amended as follows: 286
23-15-39. (1) (a) Applications for registration as 287
electors of this state, which are sworn to and subscribed before 288
the registrar or deputy registrar authorized by law and which are 289
not made by mail, shall be made upon a form established by rule 290
duly adopted by the Secretary of State. 291
(b) Applications for registration on election day as 292
provided in Section 1 of this act must be made upon a form 293
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established by rules duly adopted by the Secretary of State, as 294
required in Section 1 of this act. 295
(2) The boards of supervisors shall make proper allowances 296
for office supplies reasonably necessitated by the registration of 297
county electors. 298
(3) If the applicant indicates on the application that he or 299
she resides within the city limits of a city or town in the county 300
of registration, the county registrar shall process the 301
application for registration or changes to the registration as 302
provided by law. 303
(4) If the applicant indicates on the application that he or 304
she has previously registered to vote in another county of this 305
state or another state, notice to the voter's previous county of 306
registration in this state shall be provided by the Statewide 307
Elections Management System. If the voter's previous place of 308
registration was in another state, notice shall be provided to the 309
voter's previous state of residence if the Statewide Elections 310
Management System has that capability. 311
(5) The county registrar shall provide to the person making 312
the application a copy of the application upon which has been 313
written the county voting precinct and municipal voting precinct, 314
if any, in which the person shall vote. Upon entry of the voter 315
registration information into the Statewide Elections Management 316
System, the system shall assign a voter registration number to the 317
person, and the county registrar shall mail the applicant a voter 318
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registration card to the mailing address provided on the 319
application. 320
(6) Any person desiring an application for registration may 321
secure an application from the registrar of the county of which he 322
or she is a resident and may take the application with him or her 323
and secure assistance in completing the application from any 324
person of the applicant's choice. It shall be the duty of all 325
registrars to furnish applications for registration to all persons 326
requesting them, and it shall likewise be the registrar's duty to 327
furnish aid and assistance in the completing of the application 328
when requested by an applicant. The application for registration 329
shall be sworn to and subscribed before the registrar or deputy 330
registrar at the municipal clerk's office, the county registrar's 331
office or any other location where the applicant is allowed to 332
register to vote. The registrar shall not charge a fee or cost to 333
the applicant for accepting the application or administering the 334
oath or for any other duty imposed by law regarding the 335
registration of electors. 336
(7) If the person making the application is unable to read 337
or write, for reason of disability or otherwise, he or she shall 338
not be required to personally complete the application in writing 339
and execute the oath. In such cases, the registrar or deputy 340
registrar shall read the application and oath to the person and 341
the person's answers thereto shall be recorded by the registrar or 342
the registrar's deputy. The person shall be registered as an 343
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elector if he or she otherwise meets the requirements to be 344
registered as an elector. The registrar shall record the 345
responses of the person and the recorded responses shall be 346
retained permanently by the registrar. The county registrar shall 347
enter the voter registration information into the Statewide 348
Elections Management System and designate the entry as an assisted 349
filing. 350
(8) The receipt of a copy of the application for 351
registration sent pursuant to Section 23-15-35(2) shall be 352
sufficient to allow the applicant to be registered as an elector 353
of this state, if the application is not challenged. 354
(9) In any case in which the corporate boundaries of a 355
municipality change, whether by annexation or redistricting, the 356
municipal clerk shall, within ten (10) days after approval of the 357
change in corporate boundaries, provide to the county registrar 358
conforming geographic data that is compatible with the Statewide 359
Elections Management System. The data shall be developed by the 360
municipality's use of a standardized format specified by the 361
Statewide Elections Management System. The county registrar, 362
county election commissioner or other county official, who has 363
completed an annual training seminar sponsored by the Secretary of 364
State pertaining to the implementation of new boundary lines in 365
the Statewide Elections Management System and received 366
certification for that training, shall update the municipal 367
boundary information into the Statewide Elections Management 368
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System. The Statewide Elections Management System updates the 369
municipal voter registration records and assigns electors to their 370
municipal voting precincts. The county registrar shall forward to 371
the municipal clerk written notification of the additions and 372
changes, and the municipal clerk shall forward to the affected 373
municipal electors written notification of the additions and 374
changes. 375
SECTION 7. Section 23-15-41, Mississippi Code of 1972, is 376
amended as follows: 377
23-15-41. (1) When an applicant to register to vote has 378
completed the application form as prescribed by administrative 379
rule, the county registrar shall enter the applicant's information 380
into the Statewide Elections Management System where the 381
applicant's status will be marked as "ACTIVE," "PENDING" or 382
"REJECTED," and the applicant shall be entitled to register upon 383
his or her request for registration made in person to the 384
registrar, or deputy registrar if a deputy registrar has been 385
appointed. Except as otherwise provided in Section 1 of this act, 386
no person other than the registrar, or a deputy registrar, shall 387
register any applicant. 388
(2) If an applicant is not qualified to register to vote, 389
then the registrar shall enter the applicant's information into 390
the Statewide Elections Management System and mark the applicant's 391
status as "PENDING" or "REJECTED," with the specific reason or 392
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reasons for that status noted. The registrar shall notify the 393
election commission of those applicants rejected. 394
SECTION 8. Section 23-15-125, Mississippi Code of 1972, is 395
amended as follows: 396
23-15-125. The pollbook of each voting precinct shall 397
designate the voting precinct for which it is to be used, and 398
shall be ruled in appropriate columns, with printed or written 399
headings, as follows: date of registration; voter registration 400
number; name of electors; date of birth; and a number of blank 401
columns for the dates of elections. All qualified applicants who 402
register with the registrar shall be entered in the Statewide 403
Elections Management System. * * * When county election 404
commissioners determine that any elector is disqualified from 405
voting, by reason of death, conviction of a disenfranchising 406
crime, removal from the jurisdiction, failure to comply with the 407
provisions of Section 23-15-152, or other legal cause, that fact 408
shall be noted in the Statewide Elections Management System and 409
the voter's name shall be purged from the Statewide Elections 410
Management System, the state's voter roll and the county's 411
pollbooks. Nothing in this section shall preclude the use of 412
electronic pollbooks. 413
SECTION 9. Section 1 of this act shall be codified as a new 414
section in Article 3, Chapter 15, Title 23, Mississippi Code of 415
1972. 416
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ST: Same-day voter registration; authorize.
SECTION 10. This act shall take effect and be in force from 417
and after July 1, 2026. 418