Donald J. Trump Early Voting Act; create.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 355

AN ACT TO CREATE THE DONALD J. TRUMP EARLY VOTING ACT; TO 1
PROVIDE DEFINITIONS; TO PROVIDE THAT THE EARLY VOTING PERIOD SHALL 2
BEGIN FOURTEEN DAYS BEFORE THE ELECTION AND CONTINUE UNTIL THE 3
LAST REGULAR BUSINESS DAY PRECEDING THE ELECTION; TO PROVIDE THAT 4
EARLY VOTING SHALL BE FOR EACH PRIMARY, GENERAL, RUNOFF, SPECIAL 5
AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO PROVIDE THE HOURS FOR 6
EARLY VOTING IN THE REGISTRAR'S OFFICE DURING REGULAR BUSINESS 7
HOURS; TO PROVIDE THAT NOTICE OF EARLY VOTING SHALL BE PROVIDED IN 8
THREE PUBLIC PLACES EIGHT DAYS BEFORE THE VOTING BEGINS; TO 9
PROVIDE THE PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE 10
EARLY VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE 11
QUALIFICATIONS OF A VOTER DURING THE EARLY VOTING PERIOD; TO AMEND 12
SECTIONS 23-15-625, 23-15-627, 23-15-629, 23-15-631, 23-15-635, 13
23-15-637, 23-15-639, 23-15-641, 23-15-647, 23-15-649, 23-15-657, 14
23-15-713, 23-15-715, 23-15-719 AND 23-15-735, MISSISSIPPI CODE OF 15
1972, TO REVISE THE VOTERS WHO ARE ELIGIBLE TO VOTE BY ABSENTEE 16
BALLOT; TO PROHIBIT A VOTER FROM CASTING AN ABSENTEE BALLOT IN 17
PERSON AT THE OFFICE OF THE COUNTY REGISTRAR; TO CONFORM TO THE 18
PROVISIONS OF THIS ACT; TO AMEND SECTIONS 23-15-31, 23-15-37, 19
23-15-43, 23-15-47, 23-15-65, 23-15-127, 23-15-153, 23-15-171, 20
23-15-173, 23-15-191, 23-15-195, 23-15-197, 23-15-231, 23-15-233, 21
23-15-239, 23-15-241, 23-15-245, 23-15-247, 23-15-251, 23-15-255, 22
23-15-263, 23-15-265, 23-15-267, 23-15-309, 23-15-331, 23-15-333, 23
23-15-335, 23-15-353, 23-15-357, 23-15-359, 23-15-363, 23-15-367, 24
7-3-39, 23-15-511, 23-15-515, 23-15-545, 23-15-573, 23-15-781, 25
23-15-785, 23-15-807, 23-15-833, 23-15-843, 23-15-851, 23-15-853, 26
23-15-855, 23-15-857, 23-15-859, 23-15-895, 23-15-913, 23-15-963, 27
23-15-977, 23-15-1031, 23-15-1081, 23-15-1083, 23-15-1085, 28
23-15-1091, 21-3-3, 21-9-17, 37-5-9, 21-8-7 AND 9-4-5, MISSISSIPPI 29
CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR 30
RELATED PURPOSES. 31
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 32
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SECTION 1. Sections 1 through 7 of this act shall be known 33
and may be cited as the "Donald J. Trump Early Voting Act." 34
SECTION 2. For purposes of this act, these words have the 35
following meanings, unless the context clearly suggests otherwise: 36
(a) "Election" means the period of time that is 37
available for casting a final vote. References to the time of an 38
election or the duration of the election shall encompass, unless 39
the context clearly indicates otherwise, the fourteen-day period 40
that has been designed for early voting. 41
(b) "Polling place" or "voting precinct" means any 42
place that a qualified elector votes during the early voting 43
period and on the actual election day. 44
SECTION 3. During any primary, general, runoff, special or 45
municipal election for public office, any qualified elector may 46
vote: 47
(a) In the elector's assigned precinct on election day; 48
(b) In the office of the registrar in which the elector 49
is registered to vote during the times established in Section 4 of 50
this act for early voting; or 51
(c) By a mail-in absentee ballot. 52
SECTION 4. (1) The early voting period shall begin fourteen 53
(14) days before the date of each primary, general, runoff, 54
special and municipal election for public office and continue 55
until 5:00 p.m. on Saturday preceding the election day. If the 56
date prescribed for beginning the early voting period falls on a 57
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Sunday or state holiday, the early voting period shall begin on 58
the next regular business day. 59
(2) Early voting shall be conducted in the office of the 60
appropriate registrar during regular business hours. If the 61
office space of the registrar is insufficient or inconvenient to 62
accommodate early voting, the registrar may provide an alternate 63
location to conduct early voting, and in such case, adequate 64
notice shall be posted at the registrar's office that informs the 65
public of the location where early voting is being conducted. The 66
registrar may conduct early voting at an additional secure polling 67
place outside his or her office. The appropriate registrar shall 68
provide at least one (1) additional early voting location for 69
every thirty-thousand (30,000) registered county voters and at 70
least one (1) additional early voting location for every ten 71
thousand (10,000) registered municipal voters according to the 72
latest federal decennial census. During the last full week 73
preceding an election, the office of the appropriate registrar may 74
extend the office hours to accommodate early voters. All 75
registrar offices shall remain open from 8:00 a.m. until 5:00 p.m. 76
for the two (2) Saturdays immediately preceding each election. 77
(3) Notice of the early voting hours shall be given by the 78
officials in charge of the election not less than eight (8) days 79
before the day early voting begins. The notice shall be posted in 80
three (3) public places within the county or municipality, with 81
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one (1) place being the county courthouse in a county election or 82
city hall in a municipal election. 83
SECTION 5. (1) A qualified elector who desires to vote 84
during the early voting period shall appear at the office of the 85
appropriate registrar in the county or municipality in which the 86
elector is registered to vote and shall present an acceptable form 87
of photo identification. Upon verification of the proper location 88
and identity, the elector shall sign the appropriate receipt book 89
and cast his or her vote in the same manner that the vote would be 90
cast on the day of the election. Except as otherwise provided in 91
Sections 1 through 7 of this act, the election laws that govern 92
the procedures for a person who appears to vote on the day of an 93
election shall apply when a person appears to vote during the 94
early voting period. 95
(2) All votes cast during the early voting period shall be 96
final. Early voting ballots shall be saved using a system that 97
allows the ballots to be examined by a candidate and for election 98
certification and audit purposes. 99
(3) The votes cast during the early voting period shall be 100
announced simultaneously with all other votes cast on election 101
day. 102
(4) Qualified electors voting during the early voting period 103
shall be entitled to the same voting assistance that they would be 104
entitled to on the actual election day. 105
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SECTION 6. Each political party, candidate or any 106
representative of a political party or candidate pursuant to 107
Section 23-15-577 shall have the right to be present at the office 108
of the appropriate registrar when it is open for early voting and 109
to challenge the qualifications of any person offering to vote in 110
the same manner as provided by law for challenging qualifications 111
at the polling place on election day. 112
SECTION 7. The Secretary of State shall promulgate rules and 113
regulations necessary to effectuate early voting, including 114
measures to inform the public about the availability of early 115
voting. 116
SECTION 8. Section 23-15-625, Mississippi Code of 1972, is 117
amended as follows: 118
23-15-625. (1) The registrar shall be responsible for 119
providing applications for absentee voting as provided in this 120
section. At least sixty (60) days before any election in which 121
absentee voting is provided for by law, the registrar shall 122
provide a sufficient number of applications. In the event a 123
special election is called and set at a date which makes it 124
impractical or impossible to prepare applications for absent 125
elector's ballot sixty (60) days before the election, the 126
registrar shall provide applications as soon as practicable after 127
the election is called. The registrar shall fill in the date of 128
the particular election on the application for which the 129
application will be used. For voters appearing in person to cast 130
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an absentee vote, the application and elector certificate shall be 131
printed on the absentee ballot envelope as provided in Section 132
23-15-659. 133
(2) The registrar shall be authorized to disburse 134
applications for absentee ballots to any qualified elector within 135
the county where he or she serves. Any person who presents to the 136
registrar an oral or written request for an absentee ballot 137
application for a voter entitled to vote absentee by mail, other 138
than the elector who seeks to vote by absentee ballot, shall, in 139
the presence of the registrar, sign the application and print on 140
the application his or her name and address and the name of the 141
elector for whom the application is being requested in the place 142
provided for on the application for that purpose. However, if for 143
any reason such person is unable to write the information 144
required, then the registrar shall write the information on a 145
printed form which has been prescribed by the Secretary of State. 146
The form shall provide a place for such person to place his or her 147
mark after the form has been filled out by the registrar. 148
(3) It shall be unlawful for any person to solicit absentee 149
ballot applications or absentee ballots for persons staying in any 150
skilled nursing facility as defined in Section 41-7-173 unless the 151
person soliciting the absentee ballot applications or absentee 152
ballots is: 153
(a) A family member of the person staying in the 154
skilled nursing facility; or 155
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(b) A person designated in writing by the person for 156
whom the absentee ballot application or absentee ballot is sought, 157
the registrar or the deputy registrar. 158
As used in this subsection, "family member" means a spouse, 159
parent, grandparent, sibling, adult child, grandchild or legal 160
guardian. 161
(4) The registrar * * *, upon receiving by mail the 162
envelopes containing the absentee ballots, shall keep an accurate 163
list of all persons preparing such ballots. The list shall be 164
kept in a conspicuous place accessible to the public near the 165
entrance to the registrar's office. The registrar shall also 166
furnish to each precinct manager a list of the names of all 167
persons in each respective precinct voting absentee by mail and in 168
person to be posted in a conspicuous place at the polling place 169
for public notice. The application on file with the registrar and 170
the envelopes containing the ballots that voters mailed to the 171
registrar shall be kept by the registrar in his or her office in a 172
secure location. At the time such boxes are delivered to the 173
election commissioners or managers, the registrar shall also turn 174
over a list of all such persons who have voted by absentee ballot 175
and whose mailed ballots are in the registrar's office. 176
(5) The registrar shall also be authorized to mail one (1) 177
application to any qualified elector of the county, who is 178
eligible to vote by absentee ballot, for use in a particular 179
election. 180
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(6) The registrar shall process all applications for 181
absentee ballots by using the Statewide Election Management 182
System. The registrar shall account for all absentee ballots 183
delivered to and received by mail as well as those who voted 184
absentee in person from qualified voters by processing such 185
ballots using the Statewide Election Management System. 186
SECTION 9. Section 23-15-627, Mississippi Code of 1972, is 187
amended as follows: 188
23-15-627. (1) Any elector described in Section 23-15-713 189
may request an absentee ballot application and vote in person at 190
the office of the registrar in the county in which he or she 191
resides. The registrar shall be responsible for furnishing an 192
absentee ballot application form to any elector authorized to 193
receive an absentee ballot. Such form shall be printed on the 194
absentee ballot envelope as provided in Section 23-15-659. Except 195
as otherwise provided in Section 23-15-625, absentee ballot 196
applications shall be furnished to a person only upon the oral or 197
written request of the elector who seeks to vote by absentee 198
ballot; however, the parent, child, spouse, sibling, legal 199
guardian, those empowered with a power of attorney for that 200
elector's affairs or agent of the elector, who is designated in 201
writing and witnessed by a resident of this state who shall write 202
his or her physical address on such designation, may orally 203
request an absentee ballot application on behalf of the elector. 204
The written designation shall be valid for one (1) year after the 205
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date of the designation. An absentee ballot application must have 206
the seal of the circuit or municipal clerk affixed to it and be 207
initialed by the registrar or his or her deputy in order to be 208
used to obtain an absentee ballot. A reproduction of an absentee 209
ballot application shall not be valid unless it is a reproduction 210
provided by the office of the registrar of the jurisdiction in 211
which the election is being held and which contains the seal and 212
initials required by this section. 213
(2) Such application shall be substantially in the following 214
form for applications mailed to absentee electors: 215
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 216
I, _____, duly qualified and registered in the ___ Precinct 217
of the County of _____, and State of Mississippi, coming within 218
the purview of the definition 'ABSENT ELECTOR' will be * * * 219
unable to vote in person because (check appropriate reason): 220
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 221
resident of Mississippi or have moved therefrom within thirty (30) 222
days of the coming presidential election. 223
( ) I am an enlisted or commissioned member, male or female, 224
of any component of the United States Armed Forces and am a 225
citizen of Mississippi, or spouse or dependent of such member. 226
( ) I am a member of the Merchant Marine or the American Red 227
Cross and am a citizen of Mississippi or spouse or dependent of 228
such member. 229
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( ) I am a disabled war veteran who is a patient in any 230
hospital and am a citizen of Mississippi or spouse or dependent of 231
such veteran. 232
( ) I am a civilian attached to and serving outside of the 233
United States with any branch of the Armed Forces or with the 234
Merchant Marine or American Red Cross, and am a citizen of 235
Mississippi or spouse or dependent of such civilian. 236
( ) I am a citizen of Mississippi temporarily residing 237
outside the territorial limits of the United States and the 238
District of Columbia. 239
* * * 240
( ) I * * * am a citizen of Mississippi temporarily residing 241
outside of the county of my residence during the early voting 242
period or on election day. 243
( ) I am an emergency response provider, deployed due to a 244
state of emergency declared by the President of the United States 245
or the Governor of any state within the United States during the 246
time period provided by law for early voting and election day. 247
( ) I have a temporary or permanent physical disability. 248
( ) I am sixty-five (65) years of age or older. 249
( ) I am the parent, spouse or dependent of a person with a 250
temporary or permanent physical disability who is hospitalized 251
outside his or her county of residence or more than fifty (50) 252
miles away from his or her residence, and I will be with such 253
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person during the time period provided by law for early voting and 254
on election day. 255
( ) I am a member of the congressional delegation, or spouse 256
or dependent of a member of the congressional delegation. 257
( ) I am required to be at work during the time period 258
provided by law for early voting and on election day during the 259
times when the polls will be open or I am required to be on-call 260
during the time period provided by law for early voting and on 261
election day during the times when the polls will be open. 262
( ) I am incarcerated in prison or jail in the county where 263
I am registered to vote and have not been convicted of a 264
disenfranchising crime. 265
I hereby make application for an official ballot, or ballots, 266
to be voted by me at the election to be held in _____, on _____. 267
Mail 'Absent Elector's Ballot' to me at the following address 268
____________. 269
( ) I wish to receive an absentee ballot for the runoff 270
election ___________________________________________. 271
Notify me of a problem with my 'Absent Elector's Ballot' at 272
the following: 273
Phone number: _____________________________ 274
Email address: ____________________________ 275
Mailing address: __________________________ 276
I realize that I can be fined up to Five Thousand Dollars 277
($5,000.00) and sentenced up to five (5) years in the Penitentiary 278
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for making a false statement in this application and for selling 279
my vote and violating the Mississippi Absentee Voter Law. (This 280
sentence is to be in bold print.) 281
If you are temporarily or permanently disabled, you are not 282
required to have this application notarized or signed by an 283
official authorized to administer oaths for absentee balloting. 284
You are required to sign this application in the proper place and 285
have a person eighteen (18) years of age or older witness your 286
signature and sign this application in the proper place. 287
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 288
print.) 289
IN WITNESS WHEREOF I have hereunto set my hand and seal this 290
the ____ day of ______, 2___. 291
_________________________________ 292
(Signature of absent elector) 293
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 294
2___. 295
_________________________________ 296
(Official authorized to administer oaths 297
for absentee balloting.) 298
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 299
DISABLED: 300
I HEREBY CERTIFY that this application for an absent 301
elector's ballot was signed by the above-named elector in my 302
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presence and that I am at least eighteen (18) years of age, this 303
the _____ day of ____________________, 2___. 304
_________________________________ 305
(Signature of witness) 306
CERTIFICATE OF DELIVERY 307
I hereby certify that _________________ (print name of voter) 308
has requested that I, __________________ (print name of person 309
delivering application), deliver to the voter this absentee ballot 310
application. 311
__________________________________________ 312
(Signature of person delivering application) 313
__________________________________________ 314
(Address of person delivering application)" 315
(3) The application printed on the front of the absentee 316
ballot envelope for absentee voters appearing before the registrar 317
shall be substantially in the following form: 318
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 319
I, _____, duly qualified and registered in the ___ Precinct 320
of the County of _____, and State of Mississippi, coming within 321
the purview of the definition 'ABSENT ELECTOR' will be absent from 322
the county of my residence on election day, or unable to vote in 323
person because (check appropriate reason): 324
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 325
resident of Mississippi or have moved therefrom within thirty (30) 326
days of the coming presidential election. 327
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( ) I am an enlisted or commissioned member, male or female, 328
of any component of the United States Armed Forces and am a 329
citizen of Mississippi, or spouse or dependent of such member. 330
( ) I am a member of the Merchant Marine or the American Red 331
Cross and am a citizen of Mississippi or spouse or dependent of 332
such member. 333
( ) I am a disabled war veteran who is a patient in any 334
hospital and am a citizen of Mississippi or spouse or dependent of 335
such veteran. 336
( ) I am a civilian attached to and serving outside of the 337
United States with any branch of the Armed Forces or with the 338
Merchant Marine or American Red Cross, and am a citizen of 339
Mississippi or spouse or dependent of such civilian. 340
( ) I am a citizen of Mississippi temporarily residing 341
outside the territorial limits of the United States and the 342
District of Columbia. 343
* * * 344
( ) I * * * am a citizen of Mississippi temporarily residing 345
outside of the county of my residence during the early voting 346
period or on election day. 347
( ) I am an emergency response provider, deployed due to a 348
state of emergency declared by the President of the United States 349
or the Governor of any state within the United States during the 350
time period provided by law for early voting and election day. 351
( ) I have a temporary or permanent physical disability. 352
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( ) I am sixty-five (65) years of age or older. 353
( ) I am the parent, spouse or dependent of a person with a 354
temporary or permanent physical disability who is hospitalized 355
outside his or her county of residence or more than fifty (50) 356
miles away from his or her residence, and I will be with such 357
person during the time period provided by law for early voting and 358
on election day. 359
( ) I am a member of the congressional delegation, or spouse 360
or dependent of a member of the congressional delegation. 361
( ) I am required to be at work during the time period 362
provided by law for early voting and on election day during the 363
times when the polls will be open or I am required to be on-call 364
during the time period provided by law for early voting and on 365
election day during the times when the polls will be open. 366
( ) I am incarcerated in prison or jail in the county where 367
I am registered to vote and have not been convicted of a 368
disenfranchising crime. 369
I hereby make application for an official ballot, or ballots, 370
to be voted by me at the election to be held in _____, on _____. 371
Notify me of a problem with my 'Absent Elector's Ballot' at 372
the following: 373
Phone number: _____________________________ 374
Email address: ____________________________ 375
Mailing address: __________________________ 376
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I realize that I can be fined up to Five Thousand Dollars 377
($5,000.00) and sentenced up to five (5) years in the Penitentiary 378
for making a false statement in this application and for selling 379
my vote and violating the Mississippi Absentee Voter Law. (This 380
sentence is to be in bold print.)" 381
SECTION 10. Section 23-15-629, Mississippi Code of 1972, is 382
amended as follows: 383
23-15-629. (1) The application for an absentee ballot of a 384
person who is permanently or temporarily physically disabled shall 385
be accompanied by a statement signed by such person's physician, 386
or nurse practitioner * * *. The statement must show that the 387
person signing the statement is a licensed, practicing * * * 388
physician or nurse practitioner and must indicate that the person 389
applying for the absentee ballot is permanently or temporarily 390
physically disabled to such a degree that it is difficult for him 391
or her to vote in person. 392
(2) An application accompanied by the statement provided for 393
in subsection (1) of this section shall entitle such permanently 394
physically disabled person to automatically receive an absentee 395
ballot for all elections on a continuing basis without the 396
necessity for reapplication. The application accompanied by the 397
statement provided in subsection (1) of this section entitles the 398
temporarily physically disabled person to receive an absentee 399
ballot by mail for that election and a later corresponding runoff 400
election. 401
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(3) The registrar of each county shall keep an accurate list 402
of the names and addresses of all persons whose applications for 403
absentee ballot are accompanied by the statement set forth in 404
subsection (1) of this section. Sixty (60) days before each 405
election, the registrar shall deliver such list to the election 406
commissioners who shall examine the list and delete from it the 407
names of all persons listed who are no longer qualified electors 408
of the county. Upon completion of such examination, the election 409
commissioners shall return the list to the registrar by no later 410
than forty-five (45) days before the election. 411
(4) The registrar shall mail a ballot to all persons who are 412
determined by the election commissioners to be qualified electors 413
pursuant to subsection (3) of this section by no later than forty 414
(40) days before the election. 415
SECTION 11. Section 23-15-631, Mississippi Code of 1972, is 416
amended as follows: 417
23-15-631. (1) The registrar shall enclose with each ballot 418
mailed to an absent elector separate printed instructions 419
furnished by the registrar containing the following: 420
(a) * * * Upon receipt of the enclosed ballot, you will 421
not mark the ballot except in view or sight of the attesting 422
witness. In the sight or view of the attesting witness, mark the 423
ballot according to instructions. 424
( * * *b) After marking the ballot, fill out and sign 425
the "ELECTOR'S CERTIFICATE" in the box on the back of the envelope 426
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so that the signature is across the flap of the envelope to ensure 427
the integrity of the ballot. All absent electors shall have the 428
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 429
box across the flap on the back of the envelope. A portion of the 430
elector's signature extending outside of the box shall not be 431
grounds for rejecting that elector's ballot. Place the necessary 432
postage on the envelope and deposit it in the post office or some 433
government receptacle provided for the deposit of mail so that the 434
absent elector's ballot will be postmarked on or before the date 435
of the election and received by the registrar no more than five 436
(5) business days after the election. The ballot may only be 437
transmitted by the United States Postal Service or other common 438
carriers, including, but not limited to, United Parcel Service or 439
FedEx Corporation. 440
Any notary public, United States postmaster, assistant United 441
States postmaster, United States postal supervisor, clerk in 442
charge of a contract postal station, or other officer having 443
authority to administer an oath or take an acknowledgment may be 444
an attesting witness; provided, however, that in the case of an 445
absent elector who is temporarily or permanently physically 446
disabled, the attesting witness may be any person eighteen (18) 447
years of age or older and such person is not required to have the 448
authority to administer an oath. If a postmaster, assistant 449
postmaster, postal supervisor, or clerk in charge of a contract 450
postal station acts as an attesting witness, his or her signature 451
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in a box on the elector's certificate must be authenticated by the 452
cancellation stamp of their respective post offices. If an 453
officer having authority to administer an oath or take an 454
acknowledgment acts as attesting witness, his or her signature in 455
a box on the elector's certificate, together with his or her title 456
and address, but no seal, shall be required. A portion of the 457
elector's signature extending outside of the box shall not be 458
grounds for rejecting that elector's ballot. * * * 459
( * * *c) When the application accompanies the ballot 460
it shall not be returned in the same envelope as the ballot but 461
shall be returned in a separate pre-addressed envelope provided by 462
the registrar. However, if time permits, the registrar shall 463
first send and receive a returned application from the absent 464
elector before mailing the absentee ballot. 465
( * * *d) A candidate for public office, or the spouse, 466
parent or child of a candidate for public office, may not be an 467
attesting witness for any absentee ballot upon which the 468
candidate's name appears, unless the voter is related within the 469
first degree to the candidate or the spouse, parent or child of 470
the candidate. 471
( * * *e) Any voter casting an absentee ballot who 472
declares that he or she requires assistance to vote by reason of 473
blindness, temporary or permanent physical disability or inability 474
to read or write, shall be entitled to receive assistance in the 475
marking of his or her absentee ballot and in completing the 476
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affidavit on the absentee ballot envelope. The voter may be given 477
assistance by anyone of the voter's choice other than a candidate 478
whose name appears on the absentee ballot being marked, the 479
spouse, parent or child of a candidate whose name appears on the 480
absentee ballot being marked or the voter's employer, an agent of 481
that employer or a union representative; however, a candidate 482
whose name is on the ballot or the spouse, parent or child of such 483
candidate may provide assistance upon request to any voter who is 484
related within the first degree. In order to ensure the integrity 485
of the ballot, any person who provides assistance to an absentee 486
voter shall be required to sign and complete the "Certificate of 487
Person Providing Voter Assistance" on the absentee ballot 488
envelope. 489
(2) The foregoing instructions required to be provided by 490
the registrar to the elector shall also constitute the substantive 491
law pertaining to the handling of absentee ballots by the elector 492
and registrar. 493
* * * 494
SECTION 12. Section 23-15-635, Mississippi Code of 1972, is 495
amended as follows: 496
23-15-635. (1) The form of the elector's certificate, 497
attesting witness certification and certificate of the person 498
providing voter assistance on the back of the envelope used by 499
absentee voters who receive their ballot by mail and who are not 500
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absent voters as defined in Section 23-15-673, shall be as 501
follows: 502
"ELECTOR'S CERTIFICATE 503
STATE OF __________ 504
COUNTY OF __________ 505
I, __________, under penalty of perjury do solemnly swear 506
that this envelope contains the ballot marked by me indicating my 507
choice of the candidates or propositions to be submitted at the 508
election to be held on the ___ day of __________, 2____, and I 509
hereby authorize the registrar to place this envelope in the 510
ballot box on my behalf, and I further authorize the resolution 511
board to open this envelope and place my ballot among the other 512
ballots cast before such ballots are counted, and record my name 513
on the poll list as if I were present in person and voted. 514
I further swear that I marked the enclosed ballot in secret. 515
Penalties for vote fraud are up to five (5) years in prison and a 516
fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. 517
Ann. Section 23-15-753.) Penalties for voter intimidation are up 518
to one (1) year in jail and a fine of up to * * * Three Thousand 519
Dollars ($3,000.00). (Miss. Code. Ann. Section 97-13-37.) 520
____________________ 521
(Signature of voter) 522
CERTIFICATE OF ATTESTING WITNESS 523
Under penalty of perjury I affirm that the above named voter 524
personally appeared before me, on this the ___ day of __________, 525
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2____, and is known by me to be the person named, and who, after 526
being duly sworn or having affirmed, subscribed the foregoing oath 527
or affirmation. That the voter exhibited to me his or her blank 528
ballot; that the ballot was not marked or voted before the voter 529
exhibited the ballot to me; that the voter was not solicited or 530
advised by me to vote for any candidate, question or issue, and 531
that the voter, after marking his or her ballot, placed it in the 532
envelope, closed and sealed the envelope in my presence, and 533
signed and swore or affirmed the above certificate. 534
_________________________ _________________________ 535
(Attesting witness) (Address) 536
_________________________ _________________________ 537
(Official title) (City and State) 538
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE 539
( * * * If the voter has received assistance in marking * * * 540
his or her absentee ballot, the person who provided assistance 541
shall complete the following form.) I, under penalty of perjury, 542
hereby certify that the above-named voter declared to me that he 543
or she is blind, temporarily or permanently physically disabled, 544
or cannot read or write, and that the voter requested that I 545
assist the voter in marking the enclosed absentee ballot. I 546
hereby certify that the ballot preferences on the enclosed ballot 547
are those communicated by the voter to me, and that I have marked 548
the enclosed ballot in accordance with the voter's instructions. 549
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Penalties for vote fraud are up to five (5) years in prison and a 550
fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. 551
Ann. Section 23-15-753.) Penalties for voter intimidation are up 552
to one (1) year in jail and a fine of up to * * * Three Thousand 553
Dollars ($3,000.00). (Miss. Code. Ann. Section 97-13-37.) 554
___________________________________________ 555
Signature of person providing assistance 556
___________________________________________ 557
Printed name of person providing assistance 558
___________________________________________ 559
Address of person providing assistance 560
___________________________________________ 561
Date and time assistance provided 562
___________________________________________ 563
Family relationship to voter (if any)" 564
(2) The envelope shall have printed on the flap on the back 565
of the envelope in bold print and in a distinguishing color, the 566
following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS 567
ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE 568
BOXES ACROSS THE FLAP OF THIS ENVELOPE." 569
A portion of the elector's signature extending outside of the 570
box shall not be grounds for rejecting that elector's ballot. 571
SECTION 13. Section 23-15-637, Mississippi Code of 1972, is 572
amended as follows: 573
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23-15-637. (1) (a) Absentee ballots and applications 574
received by mail, except for fax or electronically transmitted 575
ballots as otherwise provided by Section 23-15-699 for UOCAVA 576
ballots, or common carrier, such as United Parcel Service or FedEx 577
Corporation, must be postmarked on or before the date of the 578
election and received by the registrar no more than five (5) 579
business days after the election; any received after such time 580
shall be handled as provided in Section 23-15-647 and shall not be 581
counted. 582
(b) * * * At the close of business each day at the 583
office of the registrar, the ballot box used for mailed-in 584
absentee ballots shall be sealed and not unsealed until the 585
beginning of the next business day, and the seal number shall be 586
recorded with the number of ballots cast which shall be stored in 587
a secure location in the registrar's office. 588
(2) The registrar shall deposit all absentee ballots which 589
have been timely cast and received by mail in a secured and sealed 590
box in a designated location in the registrar's office upon 591
receipt. The registrar shall not send any absentee ballots to the 592
precinct polling locations. 593
(3) The Secretary of State shall promulgate rules and 594
regulations necessary to ensure that when a qualified elector who 595
is qualified to vote absentee votes by absentee ballot * * * by 596
mail * * * that person's absentee vote is final and he or she may 597
not vote at the polling place on election day. Notwithstanding 598
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any other provisions of law to the contrary, the Secretary of 599
State shall promulgate rules and regulations necessary to ensure 600
that absentee ballots received by mail shall remain in the 601
registrar's office for counting and not be taken to the precincts 602
on election day. 603
SECTION 14. Section 23-15-639, Mississippi Code of 1972, is 604
amended as follows: 605
23-15-639. (1) The examination and counting of all absentee 606
ballots shall be conducted as follows: 607
(a) At the opening of the regular balloting and at the 608
opening of the polls, the resolution board established under 609
Section 23-15-523 and trained in the process of canvassing 610
absentee ballots shall first take the envelopes containing the 611
absentee ballots of such electors from the secure location at the 612
registrar's office, and the name, address and precinct inscribed 613
on each envelope shall be announced by the resolution board. 614
(b) (i) For absentee ballots that were received by 615
mail, the signature on the application shall then be compared with 616
the signature in the box on the back of the envelope. A portion 617
of the elector's signature extending outside of the box shall not 618
be grounds for rejecting that elector's ballot. If it corresponds 619
and the affidavit, if one is required, is sufficient and the 620
resolution board finds that the applicant is a registered and 621
qualified voter or otherwise qualified to vote, the envelope shall 622
then be opened and the ballot removed from the envelope, 623
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without * * * unfolding the ballot, or * * * permitting the ballot 624
to be unfolded or examined. 625
(ii) For absentee ballots that were cast in person 626
in the registrar's office, the resolution board shall confirm that 627
the voter completed the application on the front of the envelope 628
and signed the elector's certificate in the box on the back of the 629
envelope. If it is signed and the resolution board finds that the 630
applicant is a registered and qualified voter or otherwise 631
qualified to vote, the envelope shall be opened and the absentee 632
ballot removed from the envelope, without its being unfolded, or 633
permitted to be unfolded or examined. 634
(c) Having observed and found the ballot to be regular 635
as far as can be observed from its official endorsement, the 636
resolution board shall deposit it in the ballot box with the other 637
ballots before counting any ballots and enter the voter's name in 638
the receipt book provided for that purpose. All absentee ballots 639
received prior to 7:00 p.m. the day before the election shall be 640
counted in the registrar's office by the resolution board when the 641
polls close and then added to the votes cast in each precinct. 642
All absentee ballots received after 7:00 p.m. the day before the 643
election but not later than the fifth business day after the 644
election shall be processed by the resolution board. 645
(2) * * * The resolution board shall process the absentee 646
ballots using the procedure provided in subsection (1) of this 647
section. 648
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SECTION 15. Section 23-15-641, Mississippi Code of 1972, is 649
amended as follows: 650
23-15-641. (1) For all absentee votes received by mail, 651
if * * * a required affidavit or the * * * certificate of the 652
officer before whom the affidavit is taken is * * * insufficient, 653
* * * the signatures do not correspond, * * * the applicant is 654
not a duly qualified elector in the precinct * * * or otherwise 655
qualified to vote, or that the ballot envelope is open or has been 656
opened and resealed, the previously cast vote by absentee ballot 657
shall not be allowed. Without opening the voter's envelope the 658
resolution board shall mark across its face "REJECTED", with the 659
reason therefor. 660
(2) For all absentee votes received by mail, if the ballot 661
envelope contains more than one (1) ballot of any kind, the ballot 662
shall not be counted but shall be marked "REJECTED", with the 663
reason therefor, and the registrar shall promptly notify the voter 664
of such rejection. The voter's envelopes and affidavits * * *, 665
when such vote is rejected, without disturbing the contents of the 666
envelope, shall be retained and preserved in the same manner as 667
other ballots at the election. Such votes may be challenged in 668
the same manner and for the same reasons that any other vote cast 669
in such election may be challenged. 670
(3) * * * The ballots marked "REJECTED" shall be placed in a 671
separate envelope in the secure ballot transfer case and delivered 672
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to the officials in charge of conducting the election at the 673
central tabulation point of the county. 674
( * * *4) All electors voting absentee shall be provided 675
with written information to inform the person how to ascertain 676
whether his or her ballot was counted and, if rejected, the reason 677
therefor. 678
( * * *5) A signature mismatch shall not be grounds for 679
rejecting an absentee ballot that was cast in the registrar's 680
office. A portion of the elector's signature extending outside of 681
the box shall not be grounds for rejecting that elector's ballot. 682
SECTION 16. Section 23-15-647, Mississippi Code of 1972, is 683
amended as follows: 684
23-15-647. The registrar shall keep safely and unopened all 685
official absentee ballots which are received by mail after the 686
applicable cutoff period * * *. Upon receipt of such ballot, the 687
registrar shall write the day and hour of the receipt of the 688
ballot on its envelope. All such absentee ballots * * * received 689
by the registrar after the cutoff time shall be safely kept 690
unopened by the registrar for the period of time required for the 691
preservation of ballots used in the election, and shall then, 692
without being opened, be destroyed in like manner as the used 693
ballots of the election. 694
SECTION 17. Section 23-15-649, Mississippi Code of 1972, is 695
amended as follows: 696
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23-15-649. For all elections, the election officials shall 697
prepare and print, as soon as the deadline for the qualification 698
of candidates has passed or forty-five (45) days before the 699
election, whichever is later, official ballots for each voting 700
precinct to be known as absentee voter ballots * * *. These 701
absentee ballots shall be prepared and printed in the same form 702
and shall be of the same size and texture as the regular official 703
ballot except that they shall be printed on tinted paper of a tint 704
different from that of the regular official ballot or with a 705
header of different tint. 706
SECTION 18. Section 23-15-657, Mississippi Code of 1972, is 707
amended as follows: 708
23-15-657. The registrar is authorized to accept requests 709
for absentee ballots by telephone. * * * The registrar shall 710
ascertain the name and complete address of the person making the 711
telephone request and the person for whom the request is being 712
made if different than the requestor and shall print upon the 713
absentee ballot application the name and complete address of the 714
requestor * * *, the relation of * * * that person to the voter if 715
requested by a person other than the voter, the name and complete 716
address of the voter if requested by a person other than the voter 717
and the date * * * the request was made. * * * These requests 718
shall be processed through the Statewide Election Management 719
System. 720
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SECTION 19. Section 23-15-713, Mississippi Code of 1972, is 721
amended as follows: 722
23-15-713. For the purpose of this subarticle, any duly 723
qualified elector may vote by an absentee ballot to be received 724
and returned via mail by the elector to the registrar of the 725
elector's county of residence as provided in this subarticle if 726
the elector falls within at least one (1) of the following 727
categories: 728
* * * 729
( * * *a) Any qualified elector who is required to be 730
away from his or her place of residence on any election day due to 731
his or her employment as an employee of a member of the 732
Mississippi congressional delegation and the spouse and dependents 733
of such person if he or she * * * resides with such absentee voter 734
away from the county of the spouse's voting residence. 735
* * * 736
( * * *b) Any person who has a temporary or permanent 737
physical disability and who, because of such disability, is unable 738
to vote in person without substantial hardship to himself, herself 739
or others, or whose attendance at the voting place could 740
reasonably cause danger to himself, herself or others. 741
( * * *c) The parent, spouse or dependent of a person 742
with a temporary or permanent physical disability who is 743
hospitalized outside of his or her county of residence or more 744
than fifty (50) miles distant from his or her residence, if the 745
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parent, spouse or dependent will be with such person during the 746
early voting period or on election day. 747
( * * *d) Any person who is sixty-five (65) years of 748
age or older. 749
( * * *e) Any member of the Mississippi congressional 750
delegation absent from Mississippi on election day, and the spouse 751
and dependents of such member of the congressional delegation. 752
( * * *f) Any qualified elector who * * * is 753
temporarily residing outside of his or her county of residence 754
during the early voting period or on election day during the times 755
when the polls will be open. 756
( * * *g) Any qualified elector who is incarcerated in 757
prison or jail in the county where he or she is registered to vote 758
and has not been convicted of a disenfranchising crime. 759
SECTION 20. Section 23-15-715, Mississippi Code of 1972, is 760
amended as follows: 761
23-15-715. Any elector described in Section 23-15-713 and 762
desiring an absentee ballot as provided in this subarticle may 763
secure same if * * * within forty-five (45) days before any 764
election day but not later than seven (7) days before the election 765
day, the elector applies for an absentee ballot as provided in the 766
provisions of this act. * * * All applications, other than those 767
of persons having a temporary or permanent physical disability, 768
shall * * * be sworn to and subscribed before an official who is 769
authorized to administer oaths or other official authorized to 770
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witness absentee balloting as provided in this article. The 771
application must be accompanied by a verifying affidavit as 772
required by this article. The applications of persons having a 773
temporary or permanent physical disability are not required to be 774
accompanied by an affidavit but shall be witnessed and signed by a 775
person eighteen (18) years of age or older. * * * Except when the 776
voter has requested a runoff ballot on the initial absentee ballot 777
application, upon request for a runoff ballot pursuant to Section 778
23-15-719, the registrar shall mail together the absentee ballot 779
application and the absentee ballot to the absent voter for the 780
runoff election. 781
SECTION 21. Section 23-15-719, Mississippi Code of 1972, is 782
amended as follows: 783
23-15-719. (1) Except where the registrar has already 784
mailed a ballot with an application, upon receipt of a properly 785
completed application form by an elector qualified to vote 786
absentee as provided in this article, the registrar shall mail the 787
absent voter an absentee ballot within one (1) business day, or as 788
soon as the absentee ballot is prepared and available, containing 789
the names of all the candidates and propositions, if any, to be 790
voted on in the election. The registrar shall include with the 791
absentee ballot an official envelope that complies with the 792
provisions of * * * this article. 793
(2) When an absentee voter appears before the registrar to 794
vote, the registrar shall identify the applicant by requiring him 795
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or her to present identification as required by Section 23-15-563, 796
and shall then deliver the ballot to the applicant in the 797
registrar's office. After the applicant has properly marked the 798
ballot and properly folded it, he or she shall deposit it in the 799
envelope furnished to him or her by the registrar. 800
After the absentee voter has sealed the envelope, he or she 801
shall ensure the absentee application on the front of the envelope 802
is complete and shall subscribe and swear to an affidavit. * * * 803
* * * 804
Ballots requested under Section 23-15-713(f) shall be mailed 805
to the voter's address outside of the county in which he or she is 806
registered. 807
SECTION 22. Section 23-15-735, Mississippi Code of 1972, is 808
amended as follows: 809
23-15-735. * * * Absentee ballots shall not be delivered in 810
person to an absentee voter or to any other person. 811
SECTION 23. Section 23-15-31, Mississippi Code of 1972, is 812
amended as follows: 813
23-15-31. All of the provisions of this subarticle shall be 814
applicable, insofar as possible, to municipal, primary, general 815
and special elections and early voting; and wherever therein any 816
duty is imposed or any power or authority is conferred upon the 817
county registrar, county election commissioners or county 818
executive committee with reference to a state and county election 819
or early voting, * * * that duty shall likewise be conferred upon 820
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the municipal registrar, municipal election commission or 821
municipal executive committee with reference to any municipal 822
election or early voting. 823
SECTION 24. Section 23-15-37, Mississippi Code of 1972, is 824
amended as follows: 825
23-15-37. (1) The registrar shall register the electors of 826
his or her county at any time during regular office hours. 827
(2) The county registrar may keep his or her office open to 828
register voters from 8:00 a.m. until 7:00 p.m., including the noon 829
hour, for the five (5) business days immediately preceding the 830
thirtieth day before any regularly scheduled primary or general 831
election. The county registrar shall also keep his or her office 832
open from 8:00 a.m. until 12:00 noon on the Saturday immediately 833
preceding the thirtieth day before any regularly scheduled primary 834
or general election, unless that Saturday falls on a legal 835
holiday, in which case registration applications submitted on the 836
Monday immediately following the legal holiday shall be accepted 837
and entered in the Statewide Elections Management System for the 838
purpose of enabling such voters to vote in the next primary or 839
general election. 840
(3) The registrar, or any deputy registrar duly appointed by 841
law, may visit and spend such time as he or she may deem necessary 842
at any location in his or her county, selected by the registrar 843
not less than thirty (30) days before * * * any regularly 844
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scheduled primary or general election, for the purpose of 845
registering voters. 846
(4) A person who is physically disabled and unable to visit 847
the office of the registrar to register to vote due to such 848
disability may contact the registrar and request that the 849
registrar or the registrar's deputy visit him or her for the 850
purpose of registering such person to vote. The registrar or the 851
registrar's deputy shall visit that person as soon as possible 852
after such request and provide the person with an application for 853
registration, if necessary. The completed application for 854
registration shall be executed in the presence of the registrar or 855
the registrar's deputy. 856
(5) (a) In the fall and spring of each year the registrar 857
of each county shall furnish all public schools with mail-in voter 858
registration applications. The applications shall be provided in 859
a reasonable time to enable those students who will be eighteen 860
(18) years of age before a general election to be able to vote in 861
the primary and general elections. 862
(b) Each public school district shall permit access to 863
all public schools of this state for the county registrar or the 864
county registrar's deputy to register persons who are eligible to 865
vote and to provide voter education. 866
SECTION 25. Section 23-15-43, Mississippi Code of 1972, is 867
amended as follows: 868
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23-15-43. In the event an applicant is not registered, there 869
shall be an automatic review by the county election commissioners 870
under the procedures provided in Sections 23-15-61 through 871
23-15-79. In addition to the meetings of the election 872
commissioners provided in those sections, the commissioners are 873
required to hold such additional meetings to determine all pending 874
cases of registration on review before the election * * * or early 875
voting period during which the applicant desires to vote. 876
It is not the purpose of this section to indicate the 877
decision that should be reached by the election commissioners in 878
certain cases but to define which applicants should receive 879
further examination by providing for an automatic review. 880
SECTION 26. Section 23-15-47, Mississippi Code of 1972, is 881
amended as follows: 882
23-15-47. (1) Any person who is qualified to register to 883
vote in the State of Mississippi may register to vote by mail-in 884
application in the manner prescribed in this section. 885
(2) The following procedure shall be used in the 886
registration of electors by mail: 887
(a) Any qualified elector may register to vote by 888
mailing or delivering a completed mail-in application to his or 889
her county registrar at least thirty (30) days before any election 890
day; however, if the thirtieth day to register before an election 891
falls on a Sunday or legal holiday, the registration applications 892
submitted on the business day immediately following the Sunday or 893
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legal holiday shall be accepted and entered into the Statewide 894
Elections Management System for the purpose of enabling voters to 895
vote in the next election. The postmark date of a mailed 896
application shall be the applicant's date of registration. 897
(b) Upon receipt of a mail-in application, the county 898
registrar shall stamp the application with the date of receipt, 899
and shall verify the application either by matching the 900
applicant's Mississippi driver's license number through the 901
Mississippi Department of Public Safety or by matching the 902
applicant's social security number through the American 903
Association of Motor Vehicle Administrators. Within fourteen (14) 904
days of receipt of a mail-in registration application, the county 905
registrar shall complete action on the application, including any 906
attempts to notify the applicant of the status of his or her 907
application. 908
(c) If the county registrar determines that the 909
applicant is qualified and his or her application is legible and 910
complete, the county registrar shall mail the applicant written 911
notification that the application has been approved, specifying 912
the county voting precinct, municipal voting precinct, if any, 913
polling place and supervisor district in which the person shall 914
vote. This written notification of approval containing the 915
specified information shall be the voter's registration card. The 916
registration card shall be provided by the county registrar to the 917
applicant in accordance with Section 23-15-39. Upon entry of the 918
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voter registration information into the Statewide Elections 919
Management System, the system shall assign a voter registration 920
number to the applicant. The assigned voter registration number 921
shall be clearly shown on the written notification of approval. 922
In mailing the written notification, the county registrar shall 923
note the following on the envelope: "DO NOT FORWARD". If any 924
registration notification form is returned as undeliverable, the 925
voter's registration shall be void. 926
(d) A mail-in application shall be rejected for any of 927
the following reasons: 928
(i) An incomplete portion of the application makes 929
it impossible for the registrar to determine the eligibility of 930
the applicant to register; 931
(ii) A portion of the application is illegible in 932
the opinion of the county registrar and makes it impossible to 933
determine the eligibility of the applicant to register; 934
(iii) The county registrar is unable to determine, 935
from the address and information stated on the application, the 936
precinct in which the voter should be assigned or the supervisor 937
district in which he or she is entitled to vote; 938
(iv) The applicant is not qualified to register to 939
vote pursuant to Section 23-15-11; 940
(v) The county registrar determines that the 941
applicant is already registered as a qualified elector of the 942
county; 943
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(vi) The county registrar is unable to verify the 944
application pursuant to subsection (2)(b) of this section. 945
(e) If the mail-in application of a person is subject 946
to rejection for any of the reasons set forth in paragraph (d)(i) 947
through (iii) of this subsection, and it appears to the county 948
registrar that the defect or omission is of such a minor nature 949
and that any necessary additional information may be supplied by 950
the applicant over the telephone or by further correspondence, the 951
county registrar may write or call the applicant at the telephone 952
number or address, or both, provided on the application. If the 953
county registrar is able to contact the applicant by mail or 954
telephone, the county registrar shall attempt to ascertain the 955
necessary information, and if this information is sufficient for 956
the registrar to complete the application, the applicant shall be 957
registered. If the necessary information cannot be obtained by 958
mail or telephone, or is not sufficient to complete the 959
application within fourteen (14) days of receipt, the county 960
registrar shall give the applicant written notice of the rejection 961
and provide the reason for the rejection. The county registrar 962
shall further inform the applicant that he or she has a right to 963
attempt to register by appearing in person or by filing another 964
mail-in application. 965
(f) If a mail-in application is subject to rejection 966
for the reason stated in paragraph (d)(v) of this subsection and 967
the "present home address" portion of the application is different 968
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from the residence address for the applicant found in the 969
Statewide Elections Management System, the mail-in application 970
shall be deemed a written request to update the voter's 971
registration pursuant to Section 23-15-13. The county registrar 972
or the election commissioners shall update the voter's residence 973
address in the Statewide Elections Management System and, if 974
necessary, advise the voter of a change in the location of his or 975
her county or municipal polling place by mailing the voter a new 976
voter registration card. 977
(3) The instructions and the application form for voter 978
registration by mail shall be in a form established by rule duly 979
adopted by the Secretary of State. 980
(4) (a) The Secretary of State shall prepare and furnish 981
without charge the necessary forms for application for voter 982
registration by mail to each county registrar, municipal clerk, 983
all public schools, each private school that requests such 984
applications, and all public libraries. 985
(b) The Secretary of State shall distribute without 986
charge sufficient forms for application for voter registration by 987
mail to the Commissioner of Public Safety, who shall distribute 988
the forms to each driver's license examining and renewal station 989
in the state, and shall ensure that the forms are regularly 990
available to the public at such stations. 991
(c) Bulk quantities of forms for application for voter 992
registration by mail shall be furnished by the Secretary of State 993
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to any person or organization. The Secretary of State shall 994
charge a person or organization the actual cost he or she incurs 995
in providing bulk quantities of forms for application for voter 996
registration to such person or organization. 997
(5) The originals of completed mail-in applications shall 998
remain on file in the office of the county registrar with copies 999
retained in the Statewide Elections Management System. 1000
(6) If the applicant indicates on the application that he or 1001
she resides within the city limits of a city or town in the county 1002
of registration, the county registrar shall enter the information 1003
into the Statewide Elections Management System. 1004
(7) If the applicant indicates on the application that he or 1005
she has previously registered to vote in another county of this 1006
state or another state, notice to the voter's previous county of 1007
registration in this state shall be provided through the Statewide 1008
Elections Management System. If the voter's previous place of 1009
registration was in another state, notice shall be provided to the 1010
voter's previous state of residence. 1011
(8) Any person who attempts to register to vote by mail 1012
shall be subject to the penalties for false registration provided 1013
for in Section 23-15-17. 1014
SECTION 27. Section 23-15-65, Mississippi Code of 1972, is 1015
amended as follows: 1016
23-15-65. The board of election commissioners shall meet at 1017
the courthouse of its county on the second Monday in September 1018
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preceding any general election or in a sufficient amount of time 1019
to hear appeals before the period for early voting begins, and 1020
shall remain in session from day to day, so long as business may 1021
require. Three (3) election commissioners shall constitute a 1022
quorum to do business; but the concurrence of at least three (3) 1023
election commissioners shall be necessary in all cases for the 1024
rendition of a decision. The election commissioners shall hear 1025
and determine all appeals from the decisions of the registrar of 1026
their county, allowing or refusing the applications of electors to 1027
be registered; and they shall correct illegal or improper 1028
registrations, and shall secure the elective franchise, as 1029
affected by registration, to those who may be illegally or 1030
improperly denied the same. 1031
SECTION 28. Section 23-15-127, Mississippi Code of 1972, is 1032
amended as follows: 1033
23-15-127. (1) It shall be the duty of the registrar of the 1034
county or municipality to prepare and furnish to the appropriate 1035
election commissioner pollbooks for each voting precinct in which 1036
the election is to be conducted, or to the appropriate registrar 1037
pollbooks for each registrar's office in which early voting is to 1038
be conducted, in which shall be entered the name, residence, date 1039
of birth and date of registration of each person duly registered 1040
in * * * that voting precinct as now provided by law, and which 1041
pollbooks shall be known as "primary election pollbooks" and shall 1042
be used only in holding primary elections. 1043
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(2) The election commissioners of the county or municipality 1044
shall revise the primary pollbooks at the time and in the manner 1045
and in accordance with the laws now fixed and in force for 1046
revising pollbooks now provided for under the law, except they 1047
shall not remove from the pollbook any person who is qualified to 1048
participate in primary elections * * *. However, upon the written 1049
request of the municipal election commission, the county election 1050
commissioners * * * shall revise the primary pollbooks of the 1051
municipality as provided in this subsection. 1052
(3) All laws applicable to the revision of pollbooks now in 1053
use shall be applicable to the revision of pollbooks for primary 1054
elections, and all rights of voters to be heard and to appeal to 1055
the executive committee of his or her party from the action of the 1056
election commissioners now provided by law shall be available to 1057
the voter in the revisions of the pollbooks for primary elections 1058
provided for in this section. 1059
SECTION 29. Section 23-15-153, Mississippi Code of 1972, is 1060
amended as follows: 1061
23-15-153. (1) At least during the following times, the 1062
election commissioners shall meet at the office of the registrar 1063
or the office of the election commissioners to carefully revise 1064
the county voter roll as electronically maintained by the 1065
Statewide Elections Management System and remove from the roll the 1066
names of all voters who have requested to be purged from the voter 1067
roll, died, received an adjudication of non compos mentis, been 1068
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convicted of a disenfranchising crime, failed to comply with the 1069
provisions of Section 23-15-152, or otherwise become disqualified 1070
as electors for any cause, and shall register the names of all 1071
persons who have duly applied to be registered but have been 1072
illegally denied registration: 1073
(a) On the Tuesday after the second Monday in January 1074
1987 and every following year; 1075
(b) On the first Tuesday in the month immediately * * * 1076
before the early voting period begins for the first primary 1077
election for members of Congress in the years when members of 1078
Congress are elected; 1079
(c) On the first Monday in the month immediately * * * 1080
before the early voting period begins for the first primary 1081
election for state, state district legislative, county and county 1082
district offices in the years in which those offices are elected; 1083
and 1084
(d) On the second Monday of September * * * before the 1085
early voting period begins for the general election or regular 1086
special election day in years in which a general election is not 1087
conducted. 1088
Except for the names of those voters who are duly qualified 1089
to vote in the election, no name shall be permitted to remain in 1090
the Statewide Elections Management System; however, no name shall 1091
be purged from the Statewide Elections Management System based on 1092
a change in the residence of an elector except in accordance with 1093
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procedures provided for by the National Voter Registration Act of 1094
1993 and as provided in Section 23-15-152. Except as otherwise 1095
provided by Section 23-15-573, no person shall vote at any 1096
election whose name is not in the county voter roll electronically 1097
maintained by the Statewide Elections Management System. 1098
(2) Except as provided in this section, and subject to the 1099
following annual limitations, the election commissioners shall be 1100
entitled to receive a per diem in the amount of One Hundred Ten 1101
Dollars ($110.00), to be paid from the county general fund, for 1102
every day or period of no less than five (5) hours accumulated 1103
over two (2) or more days actually employed in the performance of 1104
their duties in the conduct of an election or actually employed in 1105
the performance of their duties for the necessary time spent in 1106
the revision of the county voter roll as electronically maintained 1107
by the Statewide Elections Management System as required in 1108
subsection (1) of this section: 1109
(a) In counties having less than fifteen thousand 1110
(15,000) residents according to the latest federal decennial 1111
census, not more than fifty (50) days per year, with no more than 1112
fifteen (15) additional days allowed for the conduct of each 1113
election in excess of one (1) occurring in any calendar year; 1114
(b) In counties having fifteen thousand (15,000) 1115
residents according to the latest federal decennial census but 1116
less than thirty thousand (30,000) residents according to the 1117
latest federal decennial census, not more than seventy-five (75) 1118
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days per year, with no more than twenty-five (25) additional days 1119
allowed for the conduct of each election in excess of one (1) 1120
occurring in any calendar year; 1121
(c) In counties having thirty thousand (30,000) 1122
residents according to the latest federal decennial census but 1123
less than seventy thousand (70,000) residents according to the 1124
latest federal decennial census, not more than one hundred (100) 1125
days per year, with no more than thirty-five (35) additional days 1126
allowed for the conduct of each election in excess of one (l) 1127
occurring in any calendar year; 1128
(d) In counties having seventy thousand (70,000) 1129
residents according to the latest federal decennial census but 1130
less than ninety thousand (90,000) residents according to the 1131
latest federal decennial census, not more than one hundred 1132
twenty-five (125) days per year, with no more than forty-five (45) 1133
additional days allowed for the conduct of each election in excess 1134
of one (1) occurring in any calendar year; 1135
(e) In counties having ninety thousand (90,000) 1136
residents according to the latest federal decennial census but 1137
less than one hundred seventy thousand (170,000) residents 1138
according to the latest federal decennial census, not more than 1139
one hundred fifty (150) days per year, with no more than 1140
fifty-five (55) additional days allowed for the conduct of each 1141
election in excess of one (1) occurring in any calendar year; 1142
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(f) In counties having one hundred seventy thousand 1143
(170,000) residents according to the latest federal decennial 1144
census but less than two hundred thousand (200,000) residents 1145
according to the latest federal decennial census, not more than 1146
one hundred seventy-five (175) days per year, with no more than 1147
sixty-five (65) additional days allowed for the conduct of each 1148
election in excess of one (1) occurring in any calendar year; 1149
(g) In counties having two hundred thousand (200,000) 1150
residents according to the latest federal decennial census but 1151
less than two hundred twenty-five thousand (225,000) residents 1152
according to the latest federal decennial census, not more than 1153
one hundred ninety (190) days per year, with no more than 1154
seventy-five (75) additional days allowed for the conduct of each 1155
election in excess of one (l) occurring in any calendar year; 1156
(h) In counties having two hundred twenty-five thousand 1157
(225,000) residents according to the latest federal decennial 1158
census but less than two hundred fifty thousand (250,000) 1159
residents according to the latest federal decennial census, not 1160
more than two hundred fifteen (215) days per year, with no more 1161
than eighty-five (85) additional days allowed for the conduct of 1162
each election in excess of one (1) occurring in any calendar year; 1163
(i) In counties having two hundred fifty thousand 1164
(250,000) residents according to the latest federal decennial 1165
census but less than two hundred seventy-five thousand (275,000) 1166
residents according to the latest federal decennial census, not 1167
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more than two hundred thirty (230) days per year, with no more 1168
than ninety-five (95) additional days allowed for the conduct of 1169
each election in excess of one (1) occurring in any calendar year; 1170
(j) In counties having two hundred seventy-five 1171
thousand (275,000) residents according to the latest federal 1172
decennial census or more, not more than two hundred forty (240) 1173
days per year, with no more than one hundred five (105) additional 1174
days allowed for the conduct of each election in excess of one (l) 1175
occurring in any calendar year. 1176
(3) In addition to the number of days authorized in 1177
subsection (2) of this section, the board of supervisors of a 1178
county may authorize, in its discretion, the election 1179
commissioners to receive a per diem in the amount provided for in 1180
subsection (2) of this section, to be paid from the county general 1181
fund, for every day or period of no less than five (5) hours 1182
accumulated over two (2) or more days actually employed in the 1183
performance of their duties in the conduct of an election or 1184
actually employed in the performance of their duties for the 1185
necessary time spent in the revision of the county voter roll as 1186
electronically maintained by the Statewide Elections Management 1187
System as required in subsection (1) of this section, not to 1188
exceed five (5) days. 1189
(4) (a) The election commissioners shall be entitled to 1190
receive a per diem in the amount of One Hundred Ten Dollars 1191
($110.00), to be paid from the county general fund, not to exceed 1192
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ten (10) days for every day or period of no less than five (5) 1193
hours accumulated over two (2) or more days actually employed in 1194
the performance of their duties for the necessary time spent in 1195
the revision of the county voter roll as electronically maintained 1196
by the Statewide Elections Management System before any special 1197
election. For purposes of this paragraph, the regular special 1198
election day shall not be considered a special election. The 1199
annual limitations set forth in subsection (2) of this section 1200
shall not apply to this paragraph. 1201
(b) The election commissioners shall be entitled to 1202
receive a per diem in the amount of One Hundred Sixty-five Dollars 1203
($165.00), to be paid from the county general fund, for the 1204
performance of their duties on the day of any primary, runoff, 1205
general or special election; however, the board of supervisors 1206
may, in its discretion, pay the election commissioners an 1207
additional amount not to exceed Thirty-five Dollars ($35.00) per 1208
election. The annual limitations set forth in subsection (2) of 1209
this section shall apply to this paragraph. 1210
(5) The election commissioners shall be entitled to receive 1211
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 1212
be paid from the county general fund, not to exceed fourteen (14) 1213
days for every day or period of no less than five (5) hours 1214
accumulated over two (2) or more days actually employed in the 1215
performance of their duties for the necessary time spent in the 1216
revision of the county voter roll as electronically maintained by 1217
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the Statewide Elections Management System and in the conduct of a 1218
runoff election following either a general or special election. 1219
(6) The election commissioners shall be entitled to receive 1220
only one (1) per diem payment for those days when the election 1221
commissioners discharge more than one (1) duty or responsibility 1222
on the same day. 1223
(7) The election commissioners shall be entitled to receive 1224
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 1225
be paid from the county general fund, not to exceed five (5) days 1226
for every day or period of no less than five (5) hours accumulated 1227
over two (2) or more days for those days when the election 1228
commissioners shall be required to conduct an audit of an election 1229
as provided in Section 23-15-615. 1230
(8) In preparation for a municipal primary, runoff, general 1231
or special election, the county registrar shall generate and 1232
distribute the master voter roll and pollbooks from the Statewide 1233
Elections Management System for the municipality located within 1234
the county. The municipality shall pay the county registrar for 1235
the actual cost of preparing and printing the municipal master 1236
voter roll pollbooks. A municipality may secure "read only" 1237
access to the Statewide Elections Management System and print its 1238
own pollbooks using this information. 1239
(9) County election commissioners who perform the duties of 1240
an executive committee with regard to the conduct of a primary 1241
election under a written agreement authorized by law to be entered 1242
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into with an executive committee shall receive per diem as 1243
provided for in subsection (2) of this section. The days that 1244
county election commissioners are employed in the conduct of a 1245
primary election shall be treated the same as days county election 1246
commissioners are employed in the conduct of other elections. 1247
(10) In addition to any per diem authorized by this section, 1248
any election commissioner shall be entitled to the mileage 1249
reimbursement rate allowable to federal employees for the use of a 1250
privately owned vehicle while on official travel on election day. 1251
(11) Every election commissioner shall sign personally a 1252
certification setting forth the number of hours actually worked in 1253
the performance of the commissioner's official duties and for 1254
which the commissioner seeks compensation. The certification must 1255
be on a form as prescribed in this subsection. The commissioner's 1256
signature is, as a matter of law, made under the commissioner's 1257
oath of office and under penalties of perjury. 1258
The certification form shall be as follows: 1259
COUNTY ELECTION COMMISSIONER 1260
PER DIEM CLAIM FORM 1261
NAME: ____________________________ COUNTY: _______________ 1262
ADDRESS: _________________________ DISTRICT: _____________ 1263
CITY: ______________ ZIP: ________ 1264
PURPOSE APPLICABLE ACTUAL PER DIEM 1265
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 1266
WORKED TIME TIME WORK SECTION WORKED EARNED 1267
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________________________________________________________________ 1268
________________________________________________________________ 1269
________________________________________________________________ 1270
TOTAL NUMBER OF PER DIEM DAYS EARNED 1271
EXCLUDING ELECTION DAYS ________ 1272
PER DIEM RATE PER DAY EARNED X $110.00 1273
TOTAL NUMBER PER DIEM DAYS EARNED 1274
FOR ELECTION DAYS ________ 1275
PER DIEM RATE PER DAY EARNED X $165.00 1276
BOARD OF SUPERVISORS ELECTION DAY 1277
DISCRETIONARY ADDITION(S) 1278
TO PER DIEM RATE PER DAY EARNED X $35.00 1279
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 1280
I understand that I am signing this document under my oath as 1281
an election commissioner and under penalties of perjury. 1282
I understand that I am requesting payment from taxpayer funds 1283
and that I have an obligation to be specific and truthful as to 1284
the amount of hours worked and the compensation I am requesting. 1285
Signed this the _____ day of ______________, ____. 1286
________________________ 1287
Commissioner's Signature 1288
When properly completed and signed, the certification must be 1289
filed with the clerk of the county board of supervisors before any 1290
payment may be made. The certification will be a public record 1291
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available for inspection and reproduction immediately upon the 1292
oral or written request of any person. 1293
Any person may contest the accuracy of the certification in 1294
any respect by notifying the chair of the commission, any member 1295
of the board of supervisors or the clerk of the board of 1296
supervisors of the contest at any time before or after payment is 1297
made. If the contest is made before payment is made, no payment 1298
shall be made as to the contested certificate until the contest is 1299
finally disposed of. The person filing the contest shall be 1300
entitled to a full hearing, and the clerk of the board of 1301
supervisors shall issue subpoenas upon request of the contestor 1302
compelling the attendance of witnesses and production of documents 1303
and things. The contestor shall have the right to appeal de novo 1304
to the circuit court of the involved county, which appeal must be 1305
perfected within thirty (30) days from a final decision of the 1306
commission, the clerk of the board of supervisors or the board of 1307
supervisors, as the case may be. 1308
Any contestor who successfully contests any certification 1309
will be awarded all expenses incident to his or her contest, 1310
together with reasonable attorney's fees, which will be awarded 1311
upon petition to the chancery court of the involved county upon 1312
final disposition of the contest before the election commission, 1313
board of supervisors, clerk of the board of supervisors, or, in 1314
case of an appeal, final disposition by the court. The 1315
commissioner against whom the contest is decided shall be liable 1316
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for the payment of the expenses and attorney's fees, and the 1317
county shall be jointly and severally liable for same. 1318
(12) Any election commissioner who has not received a 1319
certificate issued by the Secretary of State pursuant to Section 1320
23-15-211 indicating that the election commissioner has received 1321
the required elections seminar instruction and that the election 1322
commissioner is fully qualified to conduct an election, shall not 1323
receive any compensation authorized by this section or Section 1324
23-15-239. 1325
SECTION 30. Section 23-15-171, Mississippi Code of 1972, is 1326
amended as follows: 1327
23-15-171. (1) Except as otherwise provided in Section 4 of 1328
this act, municipal primary elections shall be held on the first 1329
Tuesday in April preceding the general municipal election and, in 1330
the event a second primary shall be necessary, such second primary 1331
shall be held on the fourth Tuesday in April preceding such 1332
general municipal election. The candidate receiving a majority of 1333
the votes cast in the election shall be the party nominee. If no 1334
candidate shall receive a majority vote at the election, the two 1335
(2) candidates receiving the highest number of votes shall have 1336
their names placed on the ballot for the second primary election. 1337
The candidate receiving the most votes cast in the second primary 1338
election shall be the party nominee. However, if no candidate 1339
shall receive a majority vote at the first primary, and there is a 1340
tie in the election of those receiving the next highest vote, 1341
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those candidates receiving the next highest vote and the candidate 1342
receiving the highest vote shall have their names placed on the 1343
ballot for the second primary election, and whoever receives the 1344
most votes cast in the second primary election shall be the party 1345
nominee. At the primary election the municipal executive 1346
committee shall perform the same duties as are specified by law 1347
and performed by members of the county executive committee with 1348
regard to state and county primary elections. Each municipal 1349
executive committee shall have as many members as there are 1350
elective officers of the municipality, and the members of the 1351
municipal executive committee of each political party shall be 1352
elected in the primary elections held for the nomination of 1353
candidates for municipal offices. The provisions of this section 1354
shall govern all municipal primary elections as far as applicable, 1355
but the officers to prepare the ballots and the poll managers and 1356
other officials of the primary election shall be appointed by the 1357
municipal executive committee of the party holding the primary, 1358
and the returns of such election shall be made to such municipal 1359
executive committee. Vacancies in the executive committee shall 1360
be filled by it. 1361
(2) Provided, however, that in municipalities operating 1362
under a special or private charter which fixes a time for holding 1363
elections, other than the time fixed by Chapter 491, Laws of 1950, 1364
the first primary election shall be held on the first Tuesday, two 1365
(2) months before the time for holding the general election, as 1366
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fixed by the charter, and the second primary election, where 1367
necessary, shall be held three (3) weeks after the first primary 1368
election, unless the charter of any such municipality provides 1369
otherwise, in which event the provisions of the special or private 1370
charter shall prevail as to the time of holding such primary 1371
elections. 1372
(3) All primary elections in municipalities shall be held 1373
and conducted in the same manner as is provided by law for state 1374
and county primary elections. 1375
SECTION 31. Section 23-15-173, Mississippi Code of 1972, is 1376
amended as follows: 1377
23-15-173. (1) A general municipal election shall be held 1378
in each city, town or village on the first Tuesday after the first 1379
Monday of June 1985, and every four (4) years thereafter, for the 1380
election of all municipal officers elected by the people. Early 1381
voting for those general municipal elections shall be conducted as 1382
provided in Sections 1 through 7 of this act. 1383
(2) All municipal general elections shall be held and 1384
conducted in the same manner as is provided by law for state and 1385
county general elections. 1386
(3) The provisions of Sections 23-15-171 and 23-15-173, 1387
which fix the times to hold primary and general elections, shall 1388
not apply to any municipality operating under a special or private 1389
charter where the governing board or authority thereof, on or 1390
before June 25, 1952, shall have adopted and spread upon its 1391
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minutes a resolution or ordinance declining to accept the 1392
provisions, in which event the primary and general elections shall 1393
be held at the time fixed by the charter of the municipality. 1394
SECTION 32. Section 23-15-191, Mississippi Code of 1972, is 1395
amended as follows: 1396
23-15-191. The first primary shall be held on the first 1397
Tuesday after the first Monday of August preceding any regular or 1398
general election; and the second primary shall be held four (4) 1399
weeks thereafter. Early voting for the primary election shall be 1400
conducted as provided for in Sections 1 through 7 of this act. The 1401
candidate that receives a majority of the votes cast in the 1402
election shall be the party nominee. If no candidate receives a 1403
majority vote at the election, then the two (2) candidates who 1404
receive the highest number of votes shall have their names placed 1405
on the ballot for the second primary election to be held four (4) 1406
weeks later. The candidate who receives the most votes in the 1407
second primary election shall be the party nominee. However, if 1408
no candidate receives a majority vote at the first primary, and 1409
there is a tie in the election of those receiving the next highest 1410
vote, then those candidates receiving the next highest vote and 1411
the candidate receiving the highest vote shall have their names 1412
placed on the ballot for the second primary election to be held 1413
four (4) weeks later, and whoever receives the most votes cast in 1414
the second primary election shall be the party nominee. 1415
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SECTION 33. Section 23-15-195, Mississippi Code of 1972, is 1416
amended as follows: 1417
23-15-195. Except as otherwise provided in Sections 1 1418
through 7 of this act, all elections by the people shall be by 1419
ballot, and shall be concluded in one (1) day. 1420
SECTION 34. Section 23-15-197, Mississippi Code of 1972, is 1421
amended as follows: 1422
23-15-197. (1) Times for holding primary and general 1423
elections for congressional offices shall be as prescribed in 1424
Sections 23-15-1031, 23-15-1033 and 23-15-1041. 1425
(2) Times for holding elections for the office of judge of 1426
the Supreme Court shall be as prescribed in Section 23-15-991 and 1427
Sections 23-15-974 through 23-15-985, and times for holding 1428
elections for the office of judge of the Court of Appeals shall be 1429
as prescribed in Section 9-4-5. 1430
(3) Times for holding elections for the office of circuit 1431
court judge and the office of chancery court judge shall be as 1432
prescribed in Sections 23-15-974 through 23-15-985, and Section 1433
23-15-1015. 1434
(4) Times for holding elections for the office of county 1435
election commissioners shall be as prescribed in Section 1436
23-15-213. 1437
(5) Times for holding elections for the office of levee 1438
commissioner shall be as prescribed in Chapter 12, Laws of 1928; 1439
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Chapter 574, Laws of 1968; Chapter 85, Laws of 1930; Chapter 317, 1440
Laws of 1983; and Chapter 438, Laws of 2010. 1441
(6) Times for holding elections for the office of justice 1442
court judge shall be as prescribed in Section 23-15-193 and 1443
Sections 23-15-973 through 23-15-985. 1444
(7) Times for holding early voting shall be as prescribed in 1445
Sections 1 through 7 of this act. 1446
SECTION 35. Section 23-15-231, Mississippi Code of 1972, is 1447
amended as follows: 1448
23-15-231. Before every * * * early voting period begins, 1449
the election commissioners shall appoint three (3) persons for 1450
each voting precinct to be poll managers, one (1) of whom shall be 1451
designated by the election commissioners as election bailiff. For 1452
general and special elections, the poll managers shall not all be 1453
of the same political party if suitable persons of different 1454
political parties can be found in the district. If any person 1455
appointed shall fail to attend and serve, the poll managers 1456
present, if any, may designate someone to fill his or her place; 1457
and if the election commissioners fail to make the appointments or 1458
in case of the failure of all those appointed to attend and serve, 1459
any three (3) qualified electors present when the polls should be 1460
opened may act as poll managers. Provided, however, any person 1461
appointed to be poll manager or act as poll manager shall be a 1462
qualified elector of the county in which the polling place is 1463
located. 1464
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SECTION 36. Section 23-15-233, Mississippi Code of 1972, is 1465
amended as follows: 1466
23-15-233. The poll managers shall take care that the 1467
election * * * and the early voting are conducted fairly and 1468
agreeably to law, and they shall be judges of the qualifications 1469
of electors, and may examine, on oath, any person duly registered 1470
and offering to vote touching his or her qualifications as an 1471
elector, which oath any of the poll managers may administer. 1472
SECTION 37. Section 23-15-239, Mississippi Code of 1972, is 1473
amended as follows: 1474
23-15-239. (1) The executive committee of each county, in 1475
the case of a primary election, or the election commissioners of 1476
each county, in the case of all other elections, in conjunction 1477
with the circuit clerk, shall, in the years in which counties 1478
conduct an election, sponsor and conduct, not less than five (5) 1479
days before the early voting period for each election begins, not 1480
less than four (4) hours and not more than eight (8) hours of poll 1481
manager training to instruct poll managers as to their duties in 1482
the proper administration of the election and the operation of the 1483
polling place. Any poll manager who completes the online training 1484
course provided by the Secretary of State shall only be required 1485
to complete two (2) hours of in-person poll manager training. No 1486
poll manager shall serve in any election unless he or she has 1487
received these instructions once during the twelve (12) months 1488
immediately preceding the date upon which the election is held; 1489
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however, nothing in this section shall prevent the appointment of 1490
an alternate poll manager to fill a vacancy in case of an 1491
emergency. The county executive committee or the election 1492
commissioners, as appropriate, shall train a sufficient number of 1493
alternates to serve in the event a poll manager is unable to serve 1494
for any reason. 1495
(2) (a) If it is eligible under Section 23-15-266, the 1496
county executive committee may enter into a written agreement with 1497
the circuit clerk or the county election commission authorizing 1498
the circuit clerk or the county election commission to perform any 1499
of the duties required of the county executive committee pursuant 1500
to this section. Any agreement entered into pursuant to this 1501
subsection shall be signed by the chair of the county executive 1502
committee and the circuit clerk or the chair of the county 1503
election commission, as appropriate. The county executive 1504
committee shall notify the state executive committee and the 1505
Secretary of State of the existence of the agreement. 1506
(b) If it is eligible under Section 23-15-266, the 1507
municipal executive committee may enter into a written agreement 1508
with the municipal clerk or the municipal election commission 1509
authorizing the municipal clerk or the municipal election 1510
commission to perform any of the duties required of the municipal 1511
executive committee pursuant to this section. Any agreement 1512
entered into pursuant to this subsection shall be signed by the 1513
chair of the municipal executive committee and the municipal clerk 1514
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or the chair of the municipal election commission, as appropriate. 1515
The municipal executive committee shall notify the state executive 1516
committee and the Secretary of State of the existence of the 1517
agreement. 1518
(3) The board of supervisors and the municipal governing 1519
authority, in their discretion, may compensate poll managers who 1520
attend these training sessions. The compensation shall be at a 1521
rate of not less than the federal hourly minimum wage and not more 1522
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 1523
compensated for more than sixteen (16) hours of attendance at the 1524
training sessions regardless of the actual amount of time that 1525
they attended the training sessions. 1526
(4) The time and location of the training sessions required 1527
pursuant to this section shall be announced to the general public 1528
by posting a notice thereof at the courthouse and by delivering a 1529
copy of the notice to the office of a newspaper having general 1530
circulation in the county five (5) days before the date upon which 1531
the training session is to be conducted. Persons who will serve 1532
as poll watchers for candidates and political parties, as well as 1533
members of the general public, shall be allowed to attend the 1534
sessions. 1535
(5) Subject to the following annual limitations, the 1536
election commissioners shall be entitled to receive a per diem in 1537
the amount of One Hundred Ten Dollars ($110.00), to be paid from 1538
the county general fund, for every day or period of no less than 1539
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five (5) hours accumulated over two (2) or more days actually 1540
employed in the performance of their duties for the necessary time 1541
spent in conducting training sessions as required by this section: 1542
(a) In counties having less than fifteen thousand 1543
(15,000) residents according to the latest federal decennial 1544
census, not more than five (5) days per year; 1545
(b) In counties having fifteen thousand (15,000) 1546
residents according to the latest federal decennial census but 1547
less than thirty thousand (30,000) residents according to the 1548
latest federal decennial census, not more than eight (8) days per 1549
year; 1550
(c) In counties having thirty thousand (30,000) 1551
residents according to the latest federal decennial census but 1552
less than seventy thousand (70,000) residents according to the 1553
latest federal decennial census, not more than ten (10) days per 1554
year; 1555
(d) In counties having seventy thousand (70,000) 1556
residents according to the latest federal decennial census but 1557
less than ninety thousand (90,000) residents according to the 1558
latest federal decennial census, not more than twelve (12) days 1559
per year; 1560
(e) In counties having ninety thousand (90,000) 1561
residents according to the latest federal decennial census but 1562
less than one hundred seventy thousand (170,000) residents 1563
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according to the latest federal decennial census, not more than 1564
fifteen (15) days per year; 1565
(f) In counties having one hundred seventy thousand 1566
(170,000) residents according to the latest federal decennial 1567
census but less than two hundred thousand (200,000) residents 1568
according to the latest federal decennial census, not more than 1569
eighteen (18) days per year; 1570
(g) In counties having two hundred thousand (200,000) 1571
residents according to the latest federal decennial census but 1572
less than two hundred twenty-five thousand (225,000) residents 1573
according to the latest federal decennial census, not more than 1574
nineteen (19) days per year; 1575
(h) In counties having two hundred twenty-five thousand 1576
(225,000) residents or more according to the latest federal 1577
decennial census, not more than twenty-two (22) days per year. 1578
(6) Election commissioners shall claim the per diem 1579
authorized in subsection (5) of this section in the manner 1580
provided for in Section 23-15-153(6). 1581
(7) (a) To provide poll manager training, the Secretary of 1582
State has developed a single, comprehensive poll manager training 1583
program to ensure uniform, secure elections throughout the state. 1584
The program includes online training on all state and federal 1585
election laws and procedures and voting machine opening and 1586
closing procedures. 1587
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(b) County poll managers who individually access and 1588
complete the online training program, including all skills 1589
assessments, at least five (5) days before the early voting period 1590
for an election begins shall be defined as "certified poll 1591
managers," and entitled to a "Certificate of Completion." 1592
(c) At least one (1) certified poll manager shall be 1593
appointed by the county election officials to work in each polling 1594
place in the county during each general election. 1595
SECTION 38. Section 23-15-241, Mississippi Code of 1972, is 1596
amended as follows: 1597
23-15-241. The poll manager designated an election bailiff 1598
shall, in addition to his or her other duties, be present during 1599
the early voting period and on election day to keep the peace and 1600
to protect the voting place, and to prevent improper intrusion 1601
upon the voting place or interference with the election, and to 1602
arrest all persons creating any disturbance about the voting 1603
place, and to enable all qualified electors who have not voted, 1604
and who desire to vote, to have unobstructed access to the polls 1605
for the purpose of voting when others are not voting. 1606
SECTION 39. Section 23-15-245, Mississippi Code of 1972, is 1607
amended as follows: 1608
23-15-245. It shall be the duty of the poll manager 1609
designated as bailiff to be present at the voting place, and to 1610
take such steps as will accomplish the purpose of his or her 1611
appointment, and the poll manager designated as bailiff shall have 1612
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full power to do so and may summon to his or her aid all persons 1613
present at the voting place. A space thirty (30) feet in every 1614
direction from the polls, or the room in which the * * * voting is 1615
held, shall be kept open and clear of all persons except the 1616
election officials, individuals present to vote and credentialed 1617
poll watchers as defined by Section 23-15-577. The electors shall 1618
approach the polls from one (1) direction, line, door or passage, 1619
and depart in another as nearly opposite as convenient. 1620
SECTION 40. Section 23-15-247, Mississippi Code of 1972, is 1621
amended as follows: 1622
23-15-247. The election commissioners in each county shall 1623
procure, if not already provided, a sufficient number of ballot 1624
boxes, which shall be distributed by them to the voting precincts 1625
of the county before the time for opening the polls for early 1626
voting and on election day. The boxes shall be securely sealed 1627
from the opening of the polls * * * for early voting until the 1628
polls close on election day; and the box shall be kept by one (1) 1629
of the managers, and the manager having the box shall carefully 1630
keep it, and neither open it himself or herself nor permit it to 1631
be opened, nor permit any person to have any access to it 1632
throughout the voting period during an election. The box shall 1633
not be removed from the polling building or place after the polls 1634
are opened until the polls close and the count is complete. After 1635
each election the ballot boxes shall be delivered to the clerk of 1636
the circuit court of the county for preservation; and he or she 1637
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shall keep them for future use, and, when called for, deliver them 1638
to the election commissioners. 1639
SECTION 41. Section 23-15-251, Mississippi Code of 1972, is 1640
amended as follows: 1641
23-15-251. The election commissioners, in appointing the 1642
poll managers of an election, shall designate one (1) of the poll 1643
managers at each voting place to receive and distribute the 1644
official ballots, and shall deliver to him or her the proper 1645
number of ballots for his or her district not less than one (1) 1646
day before the early voting period begins and not less than one 1647
(1) day before election day; and the poll manager receiving the 1648
ballots from the election commissioners shall distribute the same 1649
to the electors of his or her district in the manner herein 1650
provided. It shall be the duty of the designated poll manager for 1651
service at a voting place other than the courthouse, to carry to 1652
that voting place, on the day before the early voting period 1653
begins and on the day before election day, or before 6:00 a.m. on 1654
the morning the early voting period begins and on the morning of 1655
the election day, the ballot box, the pollbook, the blank tally 1656
sheets, the blank forms to be used in making returns, the other 1657
necessary stationery and supplies and the official printed ballots 1658
aforesaid, and all of the same used and unused shall be returned 1659
by the designated poll manager to the election commissioners on 1660
the day * * * after the election. 1661
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SECTION 42. Section 23-15-255, Mississippi Code of 1972, is 1662
amended as follows: 1663
23-15-255. (1) The supervisor of each respective 1664
supervisors district shall provide at each election place a 1665
sufficient number of voting compartments, shelves and tables for 1666
the use of electors, which shall be so arranged that it will be 1667
impossible for a voter in one (1) compartment to see another voter 1668
who is preparing his or her ballot. The number of voting 1669
compartments and shelves or tables shall not be less than one (1) 1670
to every two hundred (200) electors in the voting precinct. 1671
(2) The poll managers of each precinct shall publicly post 1672
the following information at the precinct polling place * * * 1673
during any election: 1674
(a) A sample ballot that will be used at the election; 1675
(b) The hours during which the polling places will be 1676
open for early voting and on election day; 1677
(c) Instructions on how to vote, including how to cast 1678
a vote and how to cast an affidavit ballot; 1679
(d) Instructions for persons who have registered to 1680
vote by mail and first time voters, if appropriate; 1681
(e) General information on voting rights, including 1682
information on the right of an individual to cast an affidavit 1683
ballot and instructions on how to contact the appropriate 1684
officials if these rights are alleged to have been violated; * * * 1685
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(f) The consequences under federal and state laws 1686
regarding fraud and misrepresentation; 1687
(g) A list of voters in each polling place that have 1688
already cast an absentee ballot or voted during the early voting 1689
period; and 1690
(h) The acceptable forms of photo identification that 1691
may be presented in the polling place. 1692
SECTION 43. Section 23-15-263, Mississippi Code of 1972, is 1693
amended as follows: 1694
23-15-263. (1) Unless otherwise provided in this chapter, 1695
the county executive committee at primary elections shall perform 1696
all duties that relate to the qualification of candidates for 1697
primary elections, print ballots for the early voting period for 1698
primary elections and for primary * * * election day, appoint the 1699
primary election officers, resolve contests in regard to primary 1700
elections, and perform all other duties required by law to be 1701
performed by the county executive committee; however, each house 1702
of the Legislature shall rule on the qualifications of the 1703
membership of its respective body in contests involving the 1704
qualifications of * * * its members. The executive committee 1705
shall be subject to all the penalties to which county election 1706
commissioners are subject, except that Section 23-15-217 shall not 1707
apply to members of the county executive committee who seek 1708
elective office. 1709
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(2) A member of a county executive committee shall be 1710
automatically disqualified to serve on the county executive 1711
committee, and shall be considered to have resigned * * * from the 1712
county executive committee, upon his or her qualification as a 1713
candidate for any elective office. The provisions of this 1714
subsection shall not apply to a member of a county executive 1715
committee who qualifies as a candidate for a municipal elective 1716
office. 1717
(3) The primary election officers appointed by the executive 1718
committee of the party shall have the powers and perform the 1719
duties, where not otherwise provided, required of * * * those 1720
officers in a general election, and any * * * act or omission 1721
which by law is an offense when committed in or about or in 1722
respect to * * * the general elections, shall be an offense if 1723
committed in or about or in respect to a primary election; and the 1724
same shall be indictable and punishable in the same way as if the 1725
election was a general election for the election of state and 1726
county officers, except as specially modified or otherwise 1727
provided in this chapter. 1728
SECTION 44. Section 23-15-265, Mississippi Code of 1972, is 1729
amended as follows: 1730
23-15-265. (1) The county executive committee of each 1731
county shall meet not less than two (2) weeks before the 1732
date * * * the period for early voting begins for any primary 1733
election and appoint the poll managers for same, all of whom may 1734
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be members of the same political party. The number of poll 1735
managers appointed by the county executive committee shall be the 1736
same number as election commissioners are allowed to appoint 1737
pursuant to Sections 23-15-231 and 23-15-235. If the county 1738
executive committee fails to meet on the date named, supra, 1739
further notice shall be given of the time and place of meeting. 1740
(2) (a) If it is eligible under Section 23-15-266, the 1741
county executive committee may enter into a written agreement with 1742
the circuit clerk or the county election commission authorizing 1743
the circuit clerk or the county election commission to perform any 1744
of the duties required of the county executive committee pursuant 1745
to this section. Any agreement entered into pursuant to this 1746
subsection shall be signed by the chair of the county executive 1747
committee and the circuit clerk or the chair of the county 1748
election commission, as appropriate. The county executive 1749
committee shall notify the state executive committee and the 1750
Secretary of State of the existence of the agreement. 1751
(b) If it is eligible under Section 23-15-266, the 1752
municipal executive committee may enter into a written agreement 1753
with the municipal clerk or the municipal election commission 1754
authorizing the municipal clerk or the municipal election 1755
commission to perform any of the duties required of the municipal 1756
executive committee pursuant to this section. Any agreement 1757
entered into pursuant to this subsection shall be signed by the 1758
chair of the municipal executive committee and the municipal clerk 1759
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or the chair of the municipal election commission, as appropriate. 1760
The municipal executive committee shall notify the state executive 1761
committee and the Secretary of State of the existence of such 1762
agreement. 1763
SECTION 45. Section 23-15-267, Mississippi Code of 1972, is 1764
amended as follows: 1765
23-15-267. (1) The ballot boxes provided by the election 1766
commissioners in each county shall be used in primary elections, 1767
and the county executive committees shall distribute them to the 1768
voting precincts of the county before the time for opening the 1769
polls, in the same manner, as near as may be, as that provided for 1770
in general elections. 1771
(2) The boxes shall be securely sealed and locked beginning 1772
at the start of voting during the period for early voting and on 1773
election day until the end of voting on election day; and the box 1774
shall be kept by one (1) of the poll managers, and the poll 1775
manager having the box shall carefully keep it, and neither open 1776
it himself or herself nor permit it to be done, nor permit any 1777
person to have any access to it throughout voting during the 1778
period for early voting and during election day. The box shall 1779
not be removed from the polling place after the polls are open 1780
until the polls close and the count is completed. 1781
(3) After each election, the ballot boxes shall be delivered 1782
to the clerk of the circuit court of the county for preservation; 1783
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and he or she shall keep them for future use, and, when called 1784
for, deliver them to the election commissioners. 1785
(4) (a) If it is eligible under Section 23-15-266, the 1786
county executive committee may enter into a written agreement with 1787
the circuit clerk or the county election commission authorizing 1788
the circuit clerk or the county election commission to perform any 1789
of the duties required of the county executive committee pursuant 1790
to this section. Any agreement entered into pursuant to this 1791
subsection shall be signed by the chair of the county executive 1792
committee and the circuit clerk or the chair of the county 1793
election commission, as appropriate. The county executive 1794
committee shall notify the State Executive Committee and the 1795
Secretary of State of the existence of such agreement. 1796
(b) If it is eligible under Section 23-15-266, the 1797
municipal executive committee may enter into a written agreement 1798
with the municipal clerk or the municipal election commission 1799
authorizing the municipal clerk or the municipal election 1800
commission to perform any of the duties required of the municipal 1801
executive committee pursuant to this section. Any agreement 1802
entered into pursuant to this subsection shall be signed by the 1803
chair of the municipal executive committee and the municipal clerk 1804
or the chair of the municipal election commission, as appropriate. 1805
The municipal executive committee shall notify the State Executive 1806
Committee and the Secretary of State of the existence of such 1807
agreement. 1808
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(5) The person, or persons, whose duty it is to comply with 1809
the provisions of this section and who shall fail, or neglect, 1810
from any cause, to deliver the boxes or any of them as herein 1811
provided shall, upon conviction, be fined not less than Two 1812
Hundred Dollars ($200.00) and be imprisoned in the county jail of 1813
the residence of the person, or persons, who violates any of the 1814
provisions of this section, for a period of not less than thirty 1815
(30) days or more than six (6) months, and fined not more than 1816
Five Hundred Dollars ($500.00). 1817
SECTION 46. Section 23-15-309, Mississippi Code of 1972, is 1818
amended as follows: 1819
23-15-309. (1) Nominations for all municipal officers which 1820
are elective shall be made * * * during the days for conducting a 1821
primary election, or elections, to be held in the manner 1822
prescribed by law. All persons desiring to be candidates for the 1823
nomination in the primary elections shall first pay Ten Dollars 1824
($10.00) to the clerk of the municipality, at least sixty (60) 1825
days before date the early voting period begins for the first 1826
primary election, no later than 5:00 p.m. on such deadline day. 1827
If the sixtieth day to file the fee and written statement before 1828
the date the early voting period begins for an election falls on a 1829
Sunday or legal holiday, the fees and written statements submitted 1830
on the business day immediately following the Sunday or legal 1831
holiday shall be accepted. 1832
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(2) The fee paid pursuant to subsection (1) of this section 1833
shall be accompanied by a written statement containing the name 1834
and address of the candidate, the party with which he or she is 1835
affiliated, the email address of the candidate, if any, and the 1836
office for which he or she is a candidate. 1837
(3) The clerk shall promptly receipt the payment, stating 1838
the office for which the person making the payment is running and 1839
the political party with which such person is affiliated. The 1840
clerk shall keep an itemized account in detail showing the time 1841
and date of the receipt of such payment received by him or her, 1842
from whom such payment was received, the party with which such 1843
person is affiliated and for what office the person paying the fee 1844
is a candidate. No candidate may attempt to qualify with any 1845
political party that does not have a duly organized municipal 1846
executive committee, and the municipal clerk shall not accept any 1847
assessments made pursuant to subsection (1) if the municipal clerk 1848
does not have contact information for the secretary of the 1849
municipal executive committee for that political party. The clerk 1850
shall promptly supply all necessary information and pay over all 1851
fees so received to the secretary of the proper municipal 1852
executive committee. The funds may be used and disbursed in the 1853
same manner as is allowed in Section 23-15-299 in regard to other 1854
executive committees. 1855
(4) Upon receipt of the above information, the proper 1856
municipal executive committee shall then determine, at the time of 1857
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the qualifying deadline, whether each candidate is a qualified 1858
elector of the municipality, and of the ward if the office sought 1859
is a ward office, shall determine whether each candidate either 1860
meets all other qualifications to hold the office he or she is 1861
seeking or presents absolute proof that he or she will, subject to 1862
no contingencies, meet all qualifications on or before the date of 1863
the general or special election at which he or she could be 1864
elected to office. The executive committee shall determine 1865
whether the candidate has taken the steps necessary to qualify for 1866
more than one (1) office at the election. The committee also 1867
shall determine whether any candidate has been convicted of any 1868
felony in a court of this state, or has been convicted on or after 1869
December 8, 1992, of any offense in another state which is a 1870
felony under the laws of this state, or has been convicted of any 1871
felony in a federal court on or after December 8, 1992. Excepted 1872
from the above are convictions of manslaughter and violations of 1873
the United States Internal Revenue Code or any violations of the 1874
tax laws of this state unless such offense also involved misuse or 1875
abuse of his or her office or money coming into his or her hands 1876
by virtue of the office. If the proper municipal executive 1877
committee finds that a candidate either (a) does not meet all 1878
qualifications to hold the office he or she seeks and fails to 1879
provide absolute proof, subject to no contingencies, that he or 1880
she will meet the qualifications on or before the date * * * the 1881
early voting period begins for the general or special election at 1882
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which he or she could be elected, or (b) has been convicted of a 1883
felony as described in this subsection and not pardoned, then the 1884
executive committee shall notify the candidate and give the 1885
candidate an opportunity to be heard. The executive committee 1886
shall mail notice to the candidate at least three (3) business 1887
days before the hearing to the address provided by the candidate 1888
on the qualifying forms, and the committee shall attempt to 1889
contact the candidate by telephone, email and facsimile if the 1890
candidate provided this information on the forms. If the 1891
candidate fails to appear at the hearing or to prove he or she 1892
meets all qualifications to hold the office subject to no 1893
contingencies, then the name of such candidate shall not be placed 1894
upon the ballot. If the executive committee determines that the 1895
candidate has taken the steps necessary to qualify for more than 1896
one (1) office at the election, the action required by Section 1897
23-15-905, shall be taken. 1898
(5) Where there is but one (1) candidate, the proper 1899
municipal executive committee when the time has expired within 1900
which the names of candidates shall be furnished shall declare 1901
such candidate the nominee. 1902
SECTION 47. Section 23-15-331, Mississippi Code of 1972, is 1903
amended as follows: 1904
23-15-331. It shall be the duty of the state executive 1905
committee of each political party to furnish to each county 1906
executive committee, not less than fifty (50) days * * * before 1907
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the * * * period for early voting begins the names of all state 1908
and state district candidates and all candidates for legislative 1909
districts composed of more than one (1) county or parts of more 1910
than one (1) county who have qualified as provided by law, and in 1911
accordance with the requirements of Section 23-15-333 a sample of 1912
the official ballot to be used in the primary, the general form of 1913
which shall be followed as nearly as practicable. 1914
SECTION 48. Section 23-15-333, Mississippi Code of 1972, is 1915
amended as follows: 1916
23-15-333. (1) The county executive committee shall have 1917
printed all necessary ballots, for use in primary elections. The 1918
county executive committee shall have printed all necessary 1919
absentee ballots forty-five (45) days before the period for early 1920
voting begins for the election as required by law. The ballots 1921
shall contain the names of all the candidates to be voted for at 1922
the election, and there shall be left on each ballot one (1) blank 1923
space under the title of each office for which a nominee is to be 1924
elected; and in the event of the death of any candidate whose name 1925
shall have been printed on the ballot, the name of the candidate 1926
duly substituted in the place of the deceased candidate may be 1927
written in such blank space by the voter. Except as otherwise 1928
provided in subsection (2) of this section, the order in which the 1929
titles to the various offices shall be printed, and the size, 1930
print and quality of the paper of the ballot is left to the 1931
discretion of the county executive committee. Provided, however, 1932
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that in all cases the arrangement of the names of the candidates 1933
for each office shall be alphabetical. No ballot shall be used 1934
except those so printed. 1935
(2) The titles for the various offices shall be listed in 1936
the following order: 1937
(a) Candidates, electors or delegates for the following 1938
national offices: 1939
(i) President of the United States of America; 1940
(ii) United States Senator or United States 1941
Representative; 1942
(b) Candidates for the following statewide offices: 1943
Governor, Lieutenant Governor, Secretary of State, Attorney 1944
General, State Treasurer, Auditor of Public Accounts, Commissioner 1945
of Agriculture and Commerce, Commissioner of Insurance; 1946
(c) Candidates for the following state district 1947
offices: Mississippi Transportation Commissioner, Public Service 1948
Commissioner, District Attorney; 1949
(d) Candidates for the following legislative offices: 1950
Senator and House of Representatives; 1951
(e) Candidates for countywide office; 1952
(f) Candidates for county district office. 1953
The order in which the titles for the various offices are 1954
listed within each of the categories listed in paragraphs (e) and 1955
(f) are left to the discretion of the county executive committee. 1956
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Candidates' names shall be listed alphabetically under each office 1957
by the candidate's last name. 1958
(3) If after the deadline to qualify as a candidate for an 1959
office, only one (1) person has duly qualified to be a candidate 1960
for the office in the primary election, the name of that person 1961
shall be placed on the ballot; provided, however, that if not more 1962
than one (1) person has duly qualified to be a candidate for each 1963
office on the primary election ballot, the election for all 1964
offices on the ballot shall be dispensed with and the appropriate 1965
executive committee shall declare each candidate as the party 1966
nominee if the candidate meets all the qualifications to hold the 1967
office. 1968
(4) (a) If it is eligible under Section 23-15-266, the 1969
county executive committee may enter into a written agreement with 1970
the circuit clerk or the county election commission authorizing 1971
the circuit clerk or the county election commission to perform any 1972
of the duties required of the county executive committee pursuant 1973
to this section. Any agreement entered into pursuant to this 1974
subsection shall be signed by the chair of the county executive 1975
committee and the circuit clerk or the chair of the county 1976
election commission, as appropriate. The county executive 1977
committee shall notify the state executive committee and the 1978
Secretary of State of the existence of such agreement. 1979
(b) If it is eligible under Section 23-15-266, the 1980
municipal executive committee may enter into a written agreement 1981
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with the municipal clerk or the municipal election commission 1982
authorizing the municipal clerk or the municipal election 1983
commission to perform any of the duties required of the municipal 1984
executive committee pursuant to this section. Any agreement 1985
entered into pursuant to this subsection shall be signed by the 1986
chair of the municipal executive committee and the municipal clerk 1987
or the chair of the municipal election commission, as appropriate. 1988
The municipal executive committee shall notify the state executive 1989
committee and the Secretary of State of the existence of such 1990
agreement. 1991
SECTION 49. Section 23-15-335, Mississippi Code of 1972, is 1992
amended as follows: 1993
23-15-335. (1) The county executive committee shall 1994
designate a person whose duty it shall be to distribute all 1995
necessary ballots for use * * * during a primary election, and 1996
shall designate one (1) among the poll managers at each polling 1997
place to receive and receipt for the blank ballots to be used at 1998
that place. When the blank ballots are delivered to a local poll 1999
manager, the distributor shall take from the local poll manager a 2000
receipt therefor signed in duplicate by both the distributor and 2001
the poll manager, one (1) of which receipts the distributor shall 2002
deliver to the circuit clerk and the other shall be retained by 2003
the local poll manager and the last mentioned duplicate receipt 2004
shall be enclosed in the ballot box with the voted ballots when 2005
the polls have been closed and the votes have been counted. The 2006
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printer of the ballots shall take a receipt from the distributor 2007
of the ballots for the total number of the blank ballots delivered 2008
to the distributor. The printer shall secure all ballots printed 2009
by him or her in such a safe manner that no person can procure 2010
them or any of them, and he or she shall deliver no blank ballot 2011
or ballots to any person except the distributor above mentioned, 2012
and then only upon his or her receipt therefor as above specified. 2013
The distributor of the blank ballots shall so securely hold the 2014
same that no person can obtain any of them, and he or she shall 2015
not deliver any of them to any person other than to the authorized 2016
local poll managers and upon their respective receipts therefor. 2017
The executive committee shall see to it that the total blank 2018
ballots delivered to the distributor, shall correspond with the 2019
total of the receipts executed by the local poll managers. 2020
(2) (a) If it is eligible under Section 23-15-266, the 2021
county executive committee may enter into a written agreement with 2022
the circuit clerk or the county election commission authorizing 2023
the circuit clerk or the county election commission to perform any 2024
of the duties required of the county executive committee pursuant 2025
to this section. Any agreement entered into pursuant to this 2026
subsection shall be signed by the chair of the county executive 2027
committee and the circuit clerk or the chair of the county 2028
election commission, as appropriate. The county executive 2029
committee shall notify the state executive committee and the 2030
Secretary of State of the existence of such agreement. 2031
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(b) If it is eligible under Section 23-15-266, the 2032
municipal executive committee may enter into a written agreement 2033
with the municipal clerk or the municipal election commission 2034
authorizing the municipal clerk or the municipal election 2035
commission to perform any of the duties required of the municipal 2036
executive committee pursuant to this section. Any agreement 2037
entered into pursuant to this subsection shall be signed by the 2038
chair of the municipal executive committee and the municipal clerk 2039
or the chair of the municipal election commission, as appropriate. 2040
The municipal executive committee shall notify the state executive 2041
committee and the Secretary of State of the existence of such 2042
agreement. 2043
(3) Any person charged with any of the duties prescribed in 2044
this section who shall willfully or with culpable carelessness 2045
violate the same shall be guilty of a misdemeanor. 2046
SECTION 50. Section 23-15-353, Mississippi Code of 1972, is 2047
amended as follows: 2048
23-15-353. The officer charged with printing and 2049
distributing the official ballot shall ascertain from the 2050
registrar, at least ten (10) days before the day * * * early 2051
voting for that election begins, the number of registered voters 2052
in each voting precinct; and he or she shall have printed and 2053
distributed a sufficient number of ballots for use in each 2054
precinct. 2055
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SECTION 51. Section 23-15-357, Mississippi Code of 1972, is 2056
amended as follows: 2057
23-15-357. On the back and outside of the ballot shall be 2058
printed the words "OFFICIAL BALLOT," the name of the voting 2059
precinct or place for which the ballot is prepared, * * * the date 2060
of the election and the date of the period for early voting. 2061
SECTION 52. Section 23-15-359, Mississippi Code of 1972, is 2062
amended as follows: 2063
23-15-359. (1) Except as provided in this section, the 2064
ballot shall contain the names of all party nominees certified by 2065
the appropriate executive committee, and independent and special 2066
election candidates who have timely filed petitions containing the 2067
required signatures and assessments that must be paid pursuant to 2068
Section 23-15-297, if the candidates and nominees meet all of the 2069
qualifications to hold the office sought. A petition requesting 2070
that an independent or special election candidate's name be placed 2071
on the ballot for any office shall be filed as provided for in 2072
subsection (3) or (4) of this section, as appropriate, and shall 2073
be signed by not less than the following number of qualified 2074
electors: 2075
(a) For an office elected by the state at large, not 2076
less than one thousand (1,000) qualified electors. 2077
(b) For an office elected by the qualified electors of 2078
a Supreme Court district, not less than three hundred (300) 2079
qualified electors. 2080
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(c) For an office elected by the qualified electors of 2081
a congressional district, not less than two hundred (200) 2082
qualified electors. 2083
(d) For an office elected by the qualified electors of 2084
a circuit or chancery court district, not less than one hundred 2085
(100) qualified electors. 2086
(e) For an office elected by the qualified electors of 2087
a senatorial or representative district, not less than fifty (50) 2088
qualified electors. 2089
(f) For an office elected by the qualified electors of 2090
a county, not less than fifty (50) qualified electors. 2091
(g) For an office elected by the qualified electors of 2092
a supervisors district, not less than fifteen (15) qualified 2093
electors. 2094
(h) For the Office of President of the United States, a 2095
party nominee or independent candidate shall pay an assessment in 2096
the amount of Two Thousand Five Hundred Dollars ($2,500.00). 2097
(2) (a) Unless the petition or fee, whichever is 2098
applicable, required above shall be filed as provided for in 2099
subsection (3), (4) or (5) of this section, as appropriate, the 2100
name of the person requested to be a candidate, unless nominated 2101
by a political party, shall not be placed upon the ballot. The 2102
ballot shall contain the names of each candidate for each office, 2103
and the names shall be listed under the name of the political 2104
party that candidate represents as provided by law and as 2105
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certified to the circuit clerk by the state executive committee of 2106
the political party. In the event the candidate qualifies as an 2107
independent as provided in this section, he or she shall be listed 2108
on the ballot as an independent candidate. 2109
(b) The name of an independent or special election 2110
candidate who dies before the printing of the ballots, shall not 2111
be placed on the ballots. 2112
(3) Petitions for offices described in paragraphs (a), (b), 2113
(c), (d) and (e) of subsection (1) of this section shall be filed 2114
with the Secretary of State, on a form prescribed by the Secretary 2115
of State, by no later than 5:00 p.m. on the same date or business 2116
day, as applicable, by which candidates are required to pay the 2117
fee provided for in Section 23-15-297; and, no petition may be 2118
filed before the date specified in Section 23-15-299. 2119
(4) Petitions for offices described in paragraphs (f) and 2120
(g) of subsection (1) of this section shall be filed with the 2121
proper circuit clerk, on a form prescribed by the Secretary of 2122
State, by no later than 5:00 p.m. on the same date by which 2123
candidates are required to pay the fee provided for in Section 2124
23-15-297; however, no petition may be filed before January 1 of 2125
the year in which the election for the office is held. The 2126
circuit clerk shall notify the county election commissioners of 2127
all persons who have filed petitions with the clerk. The 2128
notification shall occur within two (2) business days and shall 2129
contain all necessary information. 2130
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(5) A petition required under this section, or any other 2131
petition for a special election, shall be accompanied by a 2132
statement, on a form prescribed by the Secretary of State, 2133
containing the name and physical address of the candidate, the 2134
email address of the candidate, if any, and the office he or she 2135
seeks. Each statement shall also require the candidate to certify 2136
that he or she meets all the qualifications to hold the office he 2137
or she seeks. 2138
(6) The assessment for the office described in paragraph (h) 2139
of subsection (1) of this section shall be paid to the Secretary 2140
of State. The Secretary of State shall deposit any qualifying 2141
fees received from candidates into the Elections Support Fund 2142
established in Section 23-15-5. 2143
(7) The election commissioners may also have printed upon 2144
the ballot any local issue election matter that is authorized to 2145
be * * * voted on * * * during the period for voting for the 2146
regular or general election pursuant to Section 23-15-375; 2147
however, the ballot form of the local issue must be filed with the 2148
election commissioners by the appropriate governing authority not 2149
less than sixty (60) days before the date * * * the early voting 2150
period begins for the election. 2151
(8) The provisions of this section shall not apply to 2152
municipal elections or to the election of the offices of justice 2153
of the Supreme Court, judge of the Court of Appeals, circuit 2154
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judge, chancellor, county court judge, justice court judge and 2155
family court judge. 2156
(9) Nothing in this section shall prohibit special elections 2157
to fill vacancies in either house of the Legislature from being 2158
held as provided in Section 23-15-851. In all elections conducted 2159
under the provisions of Section 23-15-851, there shall be printed 2160
on the ballot the name of any candidate who, not having been 2161
nominated by a political party, shall have been requested to be a 2162
candidate for any office by a petition filed with the Secretary of 2163
State and signed by not less than fifty (50) qualified electors. 2164
(10) (a) The appropriate election commission shall 2165
determine the following: 2166
(i) Whether each candidate is a qualified elector 2167
of the state, state district, county or county district they seek 2168
to serve; and 2169
(ii) Whether each candidate meets all other 2170
qualifications to hold the office he or she is seeking or presents 2171
absolute proof that he or she will, subject to no contingencies, 2172
meet all qualifications on or before the date * * * the early 2173
voting period begins for the general or special election at which 2174
he or she could be elected to office; and 2175
(iii) Whether the candidate has taken the steps 2176
necessary to qualify for more than one (1) office at the election; 2177
and 2178
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(iv) Whether any candidate has been convicted of 2179
any of the following: 2180
1. Any felony in a court of this state, 2181
2. On or after December 8, 1992, any offense 2182
in another state which is a felony under the laws of this state, 2183
3. Any felony in a federal court on or after 2184
December 8, 1992, or 2185
4. Any offense that involved the misuse or 2186
abuse of his or her office or money coming into his or her hands 2187
by virtue of the office. Excepted from the above are convictions 2188
of manslaughter and violations of the United States Internal 2189
Revenue Code or any violations of the tax laws of this state; and 2190
(v) Whether the candidate has voted in any 2191
election outside of the jurisdiction in which he or she seeks to 2192
represent during the period in which the candidate is required to 2193
have resided within the jurisdiction. If a candidate is found to 2194
have voted in any election outside of the jurisdiction that he or 2195
she seeks to represent during the period in which the candidate is 2196
required to have resided within the jurisdiction, the name of such 2197
candidate shall not appear on the ballot. However, if a candidate 2198
who votes in an election that he or she was properly registered 2199
for is then subsequently redistricted into the jurisdiction that 2200
he or she is currently seeking to represent, then he or she shall 2201
not be disqualified as a candidate due to voting in an election 2202
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outside of his or her current jurisdiction during the required 2203
residency period. 2204
(b) If the appropriate election commission finds that a 2205
candidate either (i) is not a qualified elector, (ii) does not 2206
meet all qualifications to hold the office he or she seeks and 2207
fails to provide absolute proof, subject to no contingencies, that 2208
he or she will meet the qualifications on or before the date * * * 2209
the early voting period begins for the general or special election 2210
at which he or she could be elected, or (iii) has been convicted 2211
of a felony or other disqualifying offense as described in 2212
paragraph (a) of this subsection, and not pardoned, or (iv) has 2213
voted in any election outside of the jurisdiction he or she is 2214
currently seeking to represent during the period in which the 2215
candidate is required to have resided within the jurisdiction, and 2216
is not subject to a redistricting exception as stated in paragraph 2217
(a)(v) of this subsection, then the election commission shall 2218
notify the candidate and give the candidate an opportunity to be 2219
heard. The election commission shall mail notice to the candidate 2220
at least three (3) business days before the hearing to the address 2221
provided by the candidate on the qualifying forms, and the 2222
committee shall attempt to contact the candidate by telephone, 2223
email and facsimile if the candidate provided this information on 2224
the forms. If the candidate fails to appear at the hearing or to 2225
prove that he or she meets all qualifications to hold the office 2226
subject to no contingencies, then the name of such candidate shall 2227
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not be placed upon the ballot. If the appropriate election 2228
commission determines that the candidate has taken the steps 2229
necessary to qualify for more than one (1) office at the election, 2230
the action required by Section 23-15-905, shall be taken. The 2231
election commission shall render a decision on whether the name of 2232
the candidate shall appear on the ballot within five (5) days of 2233
the hearing. 2234
(c) (i) A candidate aggrieved by the decision of the 2235
appropriate election commission may file a petition for judicial 2236
review to the circuit court of the county in which the election 2237
commission whose decision is being reviewed sits. Such petition 2238
must be filed no later than ten (10) days after the decision of 2239
the election commission. Such candidate filing for judicial 2240
review shall give a cost bond in the sum of Three Hundred Dollars 2241
($300.00) with two (2) or more sufficient sureties conditioned to 2242
pay all costs in case his or her petition be dismissed, and an 2243
additional bond may be required, by the court, if necessary, at 2244
any subsequent stage of the proceedings. 2245
(ii) The circuit court with whom such a petition 2246
for judicial review has been filed shall at the earliest possible 2247
date set the matter for hearing. Notice shall be given to the 2248
interested parties of the time set for hearing by the circuit 2249
clerk. The hearing before the circuit court shall be de novo. 2250
The matter shall be tried to the circuit judge, without a jury. 2251
After hearing the evidence, the circuit judge shall determine 2252
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whether the candidate whose qualifications have been challenged is 2253
legally qualified to have his or her name placed upon the ballot 2254
in question. The circuit judge may, upon disqualification of any 2255
such candidate, order that such candidate shall bear the court 2256
costs of the proceedings. 2257
(iii) Within three (3) days after judgment is 2258
rendered by the circuit court, the contestant or contestee, or 2259
both, may file an appeal in the Supreme Court upon giving a cost 2260
bond in the sum of Three Hundred Dollars ($300.00), together with 2261
a bill of exceptions that states the point or points of law at 2262
issue with a sufficient synopsis of the facts to fully disclose 2263
the bearing and relevancy of such points of law. The bill of 2264
exceptions shall be signed by the trial judge, or in case of his 2265
or her absence, refusal or disability, by two (2) disinterested 2266
attorneys, as is provided by law in other cases of bills of 2267
exception. The filing of such appeals shall automatically suspend 2268
the decision of the circuit court and the appropriate election 2269
officials are entitled to proceed based upon their decision unless 2270
the Supreme Court, in its discretion, stays further proceedings in 2271
the matter. The appeal shall be immediately docketed in the 2272
Supreme Court and referred to the court en banc upon briefs 2273
without oral argument unless the court shall call for oral 2274
argument, and shall be decided at the earliest possible date, as a 2275
preference case over all others. The Supreme Court shall have the 2276
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authority to grant such relief as is appropriate under the 2277
circumstances. 2278
(iv) The procedure set forth above shall be the 2279
sole and only manner in which a candidate may appeal the 2280
appropriate election commission's decision to not place the 2281
candidate's name on the ballot under this section. These 2282
provisions do not interfere with the rights of other persons to 2283
challenge the decision of the appropriate election commission to 2284
place the name of the candidate on the ballot in accordance with 2285
Section 23-15-963. After any person assumes an elective office, 2286
his or her qualifications to hold that office may be contested as 2287
otherwise provided by law. 2288
(11) If after the deadline to qualify as a candidate for an 2289
office or after the time for holding any party primary for an 2290
office, only one (1) person has duly qualified to be a candidate 2291
for the office in the general election, the name of that person 2292
shall be placed on the ballot; provided, however, that if not more 2293
than one (1) person duly qualified to be a candidate for each 2294
office on the general election ballot, the election for all 2295
offices on the ballot shall be dispensed with and the appropriate 2296
election commission shall declare each candidate elected without 2297
opposition if the candidate meets all the qualifications to hold 2298
the office as determined pursuant to a review by the election 2299
commission in accordance with the provisions of subsection (9) of 2300
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this section and if the candidate has filed all required campaign 2301
finance disclosure reports as required by Section 23-15-807. 2302
(12) The documents required by this section may not be filed 2303
by using the Internet. 2304
SECTION 53. Section 23-15-363, Mississippi Code of 1972, is 2305
amended as follows: 2306
23-15-363. After the proper officer has knowledge of or has 2307
been notified of the nomination, as provided, of any candidate for 2308
office, the officer shall not omit his or her name from the 2309
ballot, unless upon the written request of the candidate 2310
nominated, made at least ten (10) days before the early voting 2311
period for the election begins, and in no case after * * * the 2312
ballot has been printed; and every ballot shall contain the names 2313
of all candidates nominated as specified, and not duly withdrawn. 2314
SECTION 54. Section 23-15-367, Mississippi Code of 1972, is 2315
amended as follows: 2316
23-15-367. (1) Except as otherwise provided by Sections 2317
23-15-974 through 23-15-985 and subsection (2) of this section, 2318
the size, print and quality of paper of the official ballot is 2319
left to the discretion of the officer charged with printing the 2320
official ballot. 2321
(2) The titles for the various offices shall be listed in 2322
the following order: 2323
(a) Candidates, electors or delegates for the following 2324
national offices: 2325
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(i) President; 2326
(ii) United States Senator or United States 2327
Representative; 2328
(b) Candidates for the following statewide office: 2329
Governor, Lieutenant Governor, Secretary of State, Attorney 2330
General, State Treasurer, Auditor of Public Accounts, Commissioner 2331
of Agriculture and Commerce, Commissioner of Insurance; 2332
(c) Candidates for the following state district 2333
offices: Mississippi Transportation Commissioner, Public Service 2334
Commissioner, District Attorney; 2335
(d) Candidates for the following legislative offices: 2336
Senate and House of Representatives; 2337
(e) Candidates for countywide office; 2338
(f) Candidates for county district office. 2339
The order in which the titles for the various offices are 2340
listed within paragraphs (e) and (f) is left to the discretion of 2341
the county election commissioners. Nominees of the political 2342
parties, qualified to conduct primary elections as defined in 2343
Section 23-15-291, shall be listed first alphabetically by the 2344
candidate's last name, followed by any other candidates listed 2345
alphabetically by last name. 2346
(3) It is the duty of the Secretary of State, with the 2347
approval of the Governor, to furnish the designated election 2348
commissioner of each county a sample of the official ballot, not 2349
less than fifty-five (55) days before the early voting period 2350
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begins for the election, the general form of which shall be 2351
followed as nearly as practicable. 2352
SECTION 55. Section 7-3-39, Mississippi Code of 1972, is 2353
amended as follows: 2354
7-3-39. The Secretary of State shall have published in full 2355
each constitutional amendment two (2) weeks * * * before the 2356
period for early voting for the election begins, if early voting 2357
is authorized for that election, at which the qualified electors 2358
shall vote on * * * the amendments, in each county in each 2359
newspaper having a general circulation in the county, as defined 2360
in Section 13-3-31; or * * * the Secretary of State shall have 2361
each amendment posted in three (3) public places in the county if 2362
all * * * the newspapers in the county refuse to publish same at 2363
the price provided in Section 7-3-41. 2364
SECTION 56. Section 23-15-511, Mississippi Code of 1972, is 2365
amended as follows: 2366
23-15-511. The ballots shall, as far as practicable, be in 2367
the same order of arrangement as provided for paper ballots that 2368
are to be counted manually, except that the information may be 2369
printed in vertical or horizontal rows. Nothing in this chapter 2370
shall be construed as prohibiting the information being presented 2371
to the voters from being printed on both sides of a single ballot. 2372
In those years when a special election shall occur * * * during 2373
the same voting period as the general election, the names of 2374
candidates in any special election and the general election shall 2375
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be placed on the same ballot by the election commissioners or 2376
officials in charge of the election, but the general election 2377
candidates shall be clearly distinguished from the special 2378
election candidates. At any time a special election is * * * 2379
during the same voting period as a party primary election, the 2380
names of the candidates in the special election may be placed on 2381
the same ballot by the officials in charge of the election, but 2382
shall be clearly distinguished as special election candidates or 2383
primary election candidates. 2384
Ballots shall be printed in plain clear type in black ink and 2385
upon clear white materials of such size and arrangement as to be 2386
compatible with the OMR equipment. Absentee ballots shall be 2387
prepared and printed in the same form and shall be on the same 2388
size and texture as the regular official ballots, except that they 2389
shall be printed on tinted paper; or the ink used to print the 2390
ballots shall be of a color different from that of the ink used to 2391
print the regular official ballots. Arrows may be printed on the 2392
ballot to indicate the place to mark the ballot, which may be to 2393
the right or left of the names of candidates and propositions. 2394
The titles of offices may be arranged in vertical columns on the 2395
ballot and shall be printed above or at the side of the names of 2396
candidates so as to indicate clearly the candidates for each 2397
office and the number to be elected. In case there are more 2398
candidates for an office than can be printed in one (1) column, 2399
the ballot shall be clearly marked that the list of candidates is 2400
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continued on the following column. The names of candidates for 2401
each office shall be printed in vertical columns, grouped by the 2402
offices that they seek. In partisan elections, the party 2403
designation of each candidate, which may be abbreviated, shall be 2404
printed following his or her name. 2405
One (1) sample ballot, which shall be a facsimile of the 2406
official ballot and instructions to the voters, shall be provided 2407
for each precinct and shall be posted in each polling place during 2408
early voting and on election day. 2409
A separate ballot security envelope or suitable equivalent in 2410
which the voter can place his or her ballot after voting, shall be 2411
provided to conceal the choices the voter has made. Absentee 2412
voters will receive a similar ballot security envelope provided by 2413
the county in which the absentee voter will insert their voted 2414
ballot, which then can be inserted into a return envelope to be 2415
mailed back to the election official. Absentee ballots will not 2416
be required to be folded when a ballot security envelope is 2417
provided. 2418
SECTION 57. Section 23-15-515, Mississippi Code of 1972, is 2419
amended as follows: 2420
23-15-515. The circuit clerk shall be the custodian of OMR 2421
equipment acquired by the county, who shall be charged with the 2422
proper storage, maintenance and repair of the OMR equipment. The 2423
municipal clerk shall be the custodian of the OMR equipment 2424
acquired by the municipality, and shall be charged with the proper 2425
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storage, maintenance and repair of the OMR equipment. The 2426
custodian or the officials in charge of the election shall repair 2427
or replace any OMR equipment which fails to function properly 2428
during the early voting period or on election day. 2429
SECTION 58. Section 23-15-545, Mississippi Code of 1972, is 2430
amended as follows: 2431
23-15-545. At each election, at least one (1) poll manager 2432
shall be charged with writing in the pollbook the word "VOTED," in 2433
the column having at its head the date of the early voting period 2434
or the date of the election, opposite the name of each elector 2435
upon return of a marked paper ballot by the elector with the 2436
initials of the initialing poll manager or alternate initialing 2437
poll manager affixed thereon. When a DRE unit is used in the 2438
polling place, the word "VOTED" shall be marked by at least one 2439
(1) poll manager in the pollbook in the column having at its head 2440
the date of the election, opposite the name of the elector. 2441
SECTION 59. Section 23-15-573, Mississippi Code of 1972, is 2442
amended as follows: 2443
23-15-573. (1) If any person declares that he or she is a 2444
registered voter in the jurisdiction in which he or she offers to 2445
vote and that he or she is eligible to vote during the early 2446
voting period or in the election, but his or her name does not 2447
appear upon the pollbooks, or that he or she is not able to cast a 2448
regular early voting day or election day ballot under a provision 2449
of state or federal law but is otherwise qualified to vote, or 2450
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that he or she has been illegally denied registration, or that he 2451
or she is unable to present an acceptable form of photo 2452
identification: 2453
(a) A poll manager shall notify the person that he or 2454
she may cast an affidavit ballot * * * during the election. 2455
(b) The person shall be permitted to cast an affidavit 2456
ballot at the polling place upon execution of a written affidavit 2457
before one (1) of the poll managers stating that the individual: 2458
(i) Believes he or she is a registered voter in 2459
the jurisdiction in which he or she desires to vote and is 2460
eligible to vote * * * during the election; or 2461
(ii) Is not able to cast a regular early voting 2462
day or election day ballot under a provision of state or federal 2463
law but is otherwise qualified to vote; or 2464
(iii) Believes that he or she has been illegally 2465
denied registration; or 2466
(iv) Is unable to present an acceptable form of 2467
photo identification. 2468
(c) The poll manager shall allow the individual to mark 2469
a paper ballot properly endorsed by the initialing poll manager or 2470
alternate initialing poll manager in accordance with Section 2471
23-15-541, which shall be delivered by him or her to the proper 2472
election official who shall enclose it in an affidavit ballot 2473
envelope, with the written and signed affidavit of the voter 2474
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affixed to the envelope, seal the envelope and mark plainly upon 2475
it the name of the person offering to vote. 2476
(2) The affidavit ballot envelope shall include: 2477
(a) The complete name of the voter; 2478
(b) A present and previous physical and mailing address 2479
of the voter; 2480
(c) Telephone numbers where the voter may be contacted; 2481
(d) A statement that the affiant believes he or she is 2482
registered to vote in the jurisdiction in which he or she offers 2483
to vote; 2484
(e) The signature of the affiant; and 2485
(f) The signature of the poll manager at the polling 2486
place at which the affiant offers to vote. 2487
(3) (a) A separate receipt book shall be maintained for 2488
affidavit voters and the affidavit voters shall sign the receipt 2489
book upon completing the affidavit ballot. 2490
(b) If the affidavit voter is casting an affidavit 2491
ballot because the voter is unable to present an acceptable form 2492
of photo identification and the voter's name appears in the 2493
pollbook, then the poll manager shall write "NO ID" across from 2494
the voter's name and in the appropriate column in the pollbook. 2495
(c) In canvassing the returns of the election, the 2496
executive committee in primary elections, or the election 2497
commissioners in other elections, shall examine the records and 2498
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allow the ballot to be counted, or not counted as it appears 2499
legal. 2500
(d) An affidavit ballot of a voter who was unable to 2501
present an acceptable form of photo identification shall not be 2502
rejected for this reason if the voter does either of the 2503
following: 2504
(i) Returns to the circuit clerk's office, or to 2505
the municipal clerk's office for municipal elections, within five 2506
(5) business days after the date * * * the person voted during the 2507
election and presents an acceptable form of photo identification; 2508
(ii) Returns to the circuit clerk's office within 2509
five (5) business days after the date of the election to obtain 2510
the Mississippi Voter Identification Card, or in municipal 2511
election, returns to the municipal clerk's office within five (5) 2512
business days after the date * * * the person voted during the 2513
election to present his or her Mississippi Voter Identification 2514
Card or Temporary Mississippi Voter Identification Card; or 2515
(iii) Returns to the circuit clerk's office, or to 2516
the municipal clerk's office for municipal elections, within five 2517
(5) business days after the date * * * the person voted during the 2518
election to execute a separate Affidavit of Religious Objection. 2519
(4) When a person is offered the opportunity to vote by 2520
affidavit ballot, he or she shall be provided with written 2521
information that informs the person how to ascertain whether his 2522
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or her affidavit ballot was counted and, if the vote was not 2523
counted, the reasons the vote was not counted. 2524
(5) The officials in charge of the election shall process 2525
all affidavit ballots by using the Statewide Elections Management 2526
System. The officials in charge of the election shall account for 2527
all affidavit ballots cast in each election, categorizing the 2528
affidavit ballots cast by reason and recording the total number of 2529
affidavit ballots counted and not counted in each such category in 2530
the Statewide Elections Management System. 2531
(6) The Secretary of State shall, by rule duly adopted, 2532
establish a uniform affidavit ballot envelope that shall be used 2533
in all elections in this state. The Secretary of State shall 2534
print and distribute a sufficient number of affidavit ballot 2535
envelopes to the registrar of each county for use in elections. 2536
The registrar shall distribute the affidavit ballot envelopes to 2537
municipal and county executive committees for use in primary 2538
elections and to municipal and county election commissioners for 2539
use in all other elections. 2540
(7) County registrars and municipal registrars shall 2541
maintain a secure free access system that complies with the Help 2542
America Vote Act of 2002, by which persons who vote by affidavit 2543
ballot may determine if their ballots were counted, and if not, 2544
the reasons the ballot was not counted. 2545
(8) Any person who votes * * * during any election as a 2546
result of a federal or state court order or other order extending 2547
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the time established by law for closing the polls on an election 2548
day, may only vote by affidavit ballot. Any affidavit ballot cast 2549
under this subsection shall be separated and kept apart from other 2550
affidavit ballots cast by voters not affected by the order. 2551
SECTION 60. Section 23-15-781, Mississippi Code of 1972, is 2552
amended as follows: 2553
23-15-781. The number of electors of President and Vice 2554
President of the United States to which this state may be 2555
entitled, shall be chosen by the qualified electors of the state 2556
at large, on the first Tuesday after the first Monday of November 2557
in the year in which an election of President and Vice President 2558
shall occur and during the early voting period. 2559
SECTION 61. Section 23-15-785, Mississippi Code of 1972, is 2560
amended as follows: 2561
23-15-785. (1) When presidential electors are to be chosen, 2562
the Secretary of State of Mississippi shall certify to the circuit 2563
clerks of the several counties the names of all candidates for 2564
President and Vice President who are nominated by any national 2565
convention or other like assembly of any political party or by 2566
written petition signed by at least one thousand (1,000) qualified 2567
voters of this state. 2568
(2) The certificate of nomination by a political party 2569
convention must be signed by the presiding officer and secretary 2570
of the convention and by the * * * chair of the state executive 2571
committee of the political party making the nomination. Any 2572
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nominating petition, to be valid, must contain the signatures as 2573
well as the addresses of the petitioners. The certificates and 2574
petitions must be filed with the State Board of Election 2575
Commissioners by filing them in the Office of the Secretary of 2576
State by 5:00 p.m. not less than seventy-five (75) days * * * 2577
before the day * * *early voting begins for the election. 2578
(3) Each certificate of nomination and nominating petition 2579
must be accompanied by a list of the names and addresses of 2580
persons, who shall be qualified voters of this state, equal in 2581
number to the number of presidential electors to be chosen. Each 2582
person so listed shall execute the following statement which shall 2583
be attached to the certificate or petition when it is filed with 2584
the State Board of Election Commissioners: "I do hereby consent 2585
and do hereby agree to serve as elector for President and Vice 2586
President of the United States, if elected to that position, and 2587
do hereby agree that, if so elected, I shall cast my ballot as 2588
such for ______ for President and _______ for Vice President of 2589
the United States" (inserting in * * *the blank spaces the 2590
respective names of the persons named as nominees for * * * the 2591
respective offices in the certificate to which this statement is 2592
attached). 2593
(4) The State Board of Election Commissioners and any other 2594
official charged with the preparation of official ballots shall 2595
place on * * * the official ballots the words "PRESIDENTIAL 2596
ELECTORS FOR (here insert the name of the candidate for President, 2597
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the word 'AND' and the name of the candidate for Vice President)" 2598
in lieu of placing the names of such presidential electors on the 2599
official ballots, and a vote cast therefor shall be counted and 2600
shall be in all respects effective as a vote for each of the 2601
presidential electors representing those candidates for President 2602
and Vice President of the United States. In the case of unpledged 2603
electors, the State Board of Election Commissioners and any other 2604
official charged with the preparation of official ballots shall 2605
place on * * * the official ballots the words "UNPLEDGED 2606
ELECTOR(S) (here insert the name(s) of individual unpledged 2607
elector(s) if placed upon the ballot based upon a petition granted 2608
in the manner provided by law stating the individual name(s) of 2609
the elector(s) rather than a slate of electors)." 2610
SECTION 62. Section 23-15-807, Mississippi Code of 1972, is 2611
amended as follows: 2612
23-15-807. (a) Each candidate or political committee shall 2613
file reports of contributions and disbursements in accordance with 2614
the provisions of this section. All candidates or political 2615
committees required to report such contributions and disbursements 2616
may terminate the obligation to report only upon submitting a 2617
final report that contributions will no longer be received or 2618
disbursements made and that the candidate or committee has no 2619
outstanding debts or obligations. The candidate, treasurer or 2620
chief executive officer shall sign the report. 2621
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(b) Candidates seeking election, or nomination for election, 2622
and political committees making expenditures to influence or 2623
attempt to influence voters for or against the nomination for 2624
election of one or more candidates or balloted measures * * * 2625
during such election, shall file the following reports: 2626
(i) In any calendar year during which there is a 2627
regularly scheduled election, a pre-election report shall be filed 2628
no later than the seventh day before early voting begins for any 2629
election in which the candidate or political committee has 2630
accepted contributions or made expenditures and shall be completed 2631
as of the tenth day before early voting begins for the election; 2632
(ii) In 1987 and every fourth year thereafter, periodic 2633
reports shall be filed no later than the tenth day after April 30, 2634
May 31, June 30, September 30 and December 31, and shall be 2635
completed as of the last day of each period; 2636
(iii) In any calendar years except 1987 and except 2637
every fourth year thereafter, a report covering the calendar year 2638
shall be filed no later than January 31 of the following calendar 2639
year; and 2640
(iv) Except as otherwise provided in the requirements 2641
of paragraph (i) of this subsection (b), unopposed candidates are 2642
not required to file pre-election reports but must file all other 2643
reports required by paragraphs (ii) and (iii) of this subsection 2644
(b). 2645
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(c) All candidates for judicial office as defined in Section 2646
23-15-975, or their political committees, shall file periodic 2647
reports in the year in which they are to be elected no later than 2648
the tenth day after April 30, May 31, June 30, September 30 and 2649
December 31. Candidates for judicial office shall not be required 2650
to file an annual report during an election year, but shall file 2651
an annual report in all other years. 2652
(d) Each report under this article shall disclose: 2653
(i) For the reporting period and the calendar year, the 2654
total amount of all contributions and the total amount of all 2655
expenditures of the candidate or reporting committee, including 2656
those required to be identified pursuant to paragraph (ii) of this 2657
subsection (d) as well as the total of all other contributions and 2658
expenditures during the calendar year. The reports shall be 2659
cumulative during the calendar year to which they relate; 2660
(ii) The identification of: 2661
1. Each person or political committee who makes a 2662
contribution to the reporting candidate or political committee 2663
during the reporting period, whose contribution or contributions 2664
within the calendar year have an aggregate amount or value in 2665
excess of Two Hundred Dollars ($200.00) together with the date and 2666
amount of any such contribution; 2667
2. Each person or organization, candidate or 2668
political committee who receives an expenditure, payment or other 2669
transfer from the reporting candidate, political committee or its 2670
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agent, employee, designee, contractor, consultant or other person 2671
or persons acting in its behalf during the reporting period when 2672
the expenditure, payment or other transfer to the person, 2673
organization, candidate or political committee within the calendar 2674
year have an aggregate value or amount in excess of Two Hundred 2675
Dollars ($200.00) together with the date and amount of the 2676
expenditure; 2677
(iii) The total amount of cash on hand of each 2678
reporting candidate and reporting political committee; 2679
(iv) In addition to the contents of reports specified 2680
in paragraphs (i), (ii) and (iii) of this subsection (d), each 2681
political party shall disclose: 2682
1. Each person or political committee who makes a 2683
contribution to a political party during the reporting period and 2684
whose contribution or contributions to a political party within 2685
the calendar year have an aggregate amount or value in excess of 2686
Two Hundred Dollars ($200.00), together with the date and amount 2687
of the contribution; 2688
2. Each person or organization who receives an 2689
expenditure or expenditures by a political party during the 2690
reporting period when the expenditure or expenditures to the 2691
person or organization within the calendar year have an aggregate 2692
value or amount in excess of Two Hundred Dollars ($200.00), 2693
together with the date and amount of the expenditure; 2694
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(v) Disclosure required under this section of an 2695
expenditure to a credit card issuer, financial institution or 2696
business allowing payments and money transfers to be made over the 2697
Internet must include, by way of detail or separate entry, the 2698
amount of funds passing to each person, business entity or 2699
organization receiving funds from the expenditure. 2700
(e) The appropriate office specified in Section 23-15-805 2701
must be in actual receipt of the reports specified in this article 2702
by 5:00 p.m. on the dates specified in subsection (b) of this 2703
section. If the date specified in subsection (b) of this section 2704
shall fall on a weekend or legal holiday then the report shall be 2705
due in the appropriate office at 5:00 p.m. on the first working 2706
day before the date specified in subsection (b) of this section. 2707
The reporting candidate or reporting political committee shall 2708
ensure that the reports are delivered to the appropriate office by 2709
the filing deadline. The Secretary of State may approve specific 2710
means of electronic transmission of completed campaign finance 2711
disclosure reports, which may include, but not be limited to, 2712
transmission by electronic facsimile (FAX) devices. 2713
(f) (i) If any contribution of more than Two Hundred 2714
Dollars ($200.00) is received by a candidate or candidate's 2715
political committee after the tenth day, but more than forty-eight 2716
(48) hours before 12:01 a.m. * * * on the day * * * that early 2717
voting begins for the election, the candidate or political 2718
committee shall notify the appropriate office designated in 2719
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Section 23-15-805, within forty-eight (48) hours of receipt of the 2720
contribution. The notification shall include: 2721
1. The name of the receiving candidate; 2722
2. The name of the receiving candidate's political 2723
committee, if any; 2724
3. The office sought by the candidate; 2725
4. The identification of the contributor; 2726
5. The date of receipt; 2727
6. The amount of the contribution; 2728
7. If the contribution is in-kind, a description 2729
of the in-kind contribution; and 2730
8. The signature of the candidate or the treasurer 2731
or chair of the candidate's political organization. 2732
(ii) The notification shall be in writing, and may be 2733
transmitted by overnight mail, courier service, or other reliable 2734
means, including electronic facsimile (FAX), but the candidate or 2735
candidate's committee shall ensure that the notification shall in 2736
fact be received in the appropriate office designated in Section 2737
23-15-805 within forty-eight (48) hours of the contribution. 2738
SECTION 63. Section 23-15-833, Mississippi Code of 1972, is 2739
amended as follows: 2740
23-15-833. Except as otherwise provided by law, the first 2741
Tuesday after the first Monday in November of each year shall be 2742
designated the regular special election day, and on that day and 2743
during the period established for early voting an election shall 2744
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be held to fill any vacancy in county, county district, and 2745
district attorney elective offices, and any vacancy in the office 2746
of circuit judge or chancellor. 2747
All special elections, or elections to fill vacancies, shall 2748
in all respects be held, conducted and returned in the same manner 2749
as general elections, except that where no candidate receives a 2750
majority of the votes cast in the election, a runoff election 2751
shall be held four (4) weeks after the election. The two (2) 2752
candidates who receive the highest popular votes for the office 2753
shall have their names submitted as the candidates to the runoff 2754
and the candidate who leads in the runoff election shall be 2755
elected to the office. When there is a tie in the first election 2756
of those receiving the next highest vote, these two (2) and the 2757
one receiving the highest vote, none having received a majority, 2758
shall go into the runoff election and whoever leads in the runoff 2759
election shall be entitled to the office. 2760
In those years when the regular special election day shall 2761
occur * * * during the same * * * period of time as the general 2762
election, the names of candidates in any special election and the 2763
general election shall be placed on the same ballot, but shall be 2764
clearly distinguished as general election candidates or special 2765
election candidates. At any time a special election is held * * * 2766
during the same * * * period of time as a party primary election, 2767
the names of the candidates in the special election may be placed 2768
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on the same ballot, but shall be clearly distinguished as special 2769
election candidates or primary election candidates. 2770
SECTION 64. Section 23-15-843, Mississippi Code of 1972, is 2771
amended as follows: 2772
23-15-843. In case of death, resignation or vacancy from any 2773
cause in the office of district attorney, the unexpired term of 2774
which shall exceed six (6) months, the Governor shall within ten 2775
(10) days after the vacancy occurs issue a proclamation calling an 2776
election to fill a vacancy in the office of district attorney to 2777
be held * * * during the next regular special election * * * 2778
period of time in the district where the vacancy occurred unless 2779
the vacancy occurs in a year in which a general election would 2780
normally be held for that office as provided by law, in which case 2781
the appointed person shall serve the unexpired portion of the 2782
term. Candidates in such a special election shall qualify in the 2783
same manner and be subject to the same time limitations as set 2784
forth in Section 23-15-839. Pending the holding of a special 2785
election, the Governor shall make an emergency appointment to fill 2786
the vacancy until the same shall be filled by election. 2787
SECTION 65. Section 23-15-851, Mississippi Code of 1972, is 2788
amended as follows: 2789
23-15-851. (1) Except as otherwise provided in subsection 2790
(2) of this section, within thirty (30) days after vacancies occur 2791
in either house of the Legislature, the Governor shall issue writs 2792
of election to fill the vacancies on a day specified in the writ 2793
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of election. At least eighty-five (85) days' notice shall be 2794
given of the election in each county or part of a county in which 2795
the election shall be held. The qualifying deadline for the 2796
election shall be seventy-five (75) days before the early voting 2797
begins for the election. Notice of the election shall be posted 2798
at the courthouse and in each supervisor's district in the county 2799
or part of the county in which such election shall be held for as 2800
near to seventy-five (75) days as may be practicable. The 2801
election shall be prepared for and held as in the case of a 2802
general election. 2803
(2) If a vacancy occurs in a calendar year in which the 2804
general election for state officers is held, the Governor may 2805
elect not to issue a writ of election to fill the vacancy. 2806
SECTION 66. Section 23-15-853, Mississippi Code of 1972, is 2807
amended as follows: 2808
23-15-853. (1) If a vacancy occurs in the representation in 2809
Congress, the vacancy shall be filled for the unexpired term by a 2810
special election, to be ordered by the Governor, within one 2811
hundred five (105) days after the vacancy occurs, and held at a 2812
time fixed by his or her order, and which time shall * * * begin 2813
not less than one hundred five (105) days after the issuance of 2814
the order of the Governor, which shall be directed to the election 2815
commissioners of the several counties of the district, who shall, 2816
immediately on the receipt of the order, give notice of the 2817
election by publishing the same in a newspaper having a general 2818
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circulation in the county and by posting the notice at the front 2819
door of the courthouse. The order shall also be directed to the 2820
State Board of Election Commissioners. The election shall be 2821
prepared for and conducted, and returns shall be made, in all 2822
respects as provided for a special election to fill vacancies. 2823
(2) Candidates for the office in such an election must 2824
qualify with the Secretary of State by 5:00 p.m. not less than 2825
seventy-five (75) days before the * * * early voting period begins 2826
for the election. If the seventy-fifth day to qualify before an 2827
election falls on a Saturday, Sunday or legal holiday, the 2828
qualification submitted on the business day immediately following 2829
the Saturday, Sunday or legal holiday shall be accepted. The 2830
election commissioners shall have printed on the ballot in such 2831
special election the name of any candidate who shall have been 2832
requested to be a candidate for the office by a petition filed 2833
with the Secretary of State and personally signed by not less than 2834
one thousand (1,000) qualified electors of the district. The 2835
petition shall be filed by 5:00 p.m. not less than seventy-five 2836
(75) days before the * * * early voting period begins for the 2837
election. If the seventy-fifth day to file the petition before an 2838
election falls on a Saturday, Sunday or legal holiday, the 2839
petition filed on the business day immediately following the 2840
Sunday or legal holiday shall be accepted. 2841
There shall be attached to each petition above provided for, 2842
upon the time of filing with the Secretary of State, a certificate 2843
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from the appropriate registrar or registrars showing the number of 2844
qualified electors appearing upon each petition which the 2845
registrar shall furnish to the petitioner upon request. 2846
SECTION 67. Section 23-15-855, Mississippi Code of 1972, is 2847
amended as follows: 2848
23-15-855. (1) If a vacancy shall occur in the office of 2849
United States Senator from Mississippi by death, resignation or 2850
otherwise, the Governor shall, within ten (10) days after 2851
receiving official notice of the vacancy, issue a proclamation for 2852
an election to be held in the state to elect a Senator to fill the 2853
remaining unexpired term, provided the unexpired term is more than 2854
twelve (12) months and the election shall * * * begin within one 2855
hundred five (105) days from the time the proclamation is issued 2856
and the returns of such election shall be certified to the 2857
Governor in the manner set out above for regular elections, unless 2858
the vacancy occurs in a year in which a general, state or 2859
congressional election is held, in which event the Governor's 2860
proclamation shall designate the period for conducting the general 2861
election * * * as the time for electing a Senator, and the vacancy 2862
shall be filled by appointment as hereinafter provided. 2863
(2) In case of a vacancy in the office of United States 2864
Senator, the Governor may appoint a Senator to fill the vacancy 2865
temporarily, and if the United States Senate is in session at the 2866
time the vacancy occurs, the Governor shall appoint a Senator 2867
within ten (10) days after receiving official notice thereof, and 2868
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the appointed Senator shall serve until a successor is elected and 2869
commissioned as provided for in subsection (1) of this section, 2870
provided that such unexpired term as he or she may be appointed to 2871
fill shall be for a longer time than one (1) year, but if for a 2872
shorter time than one (1) year, he or she shall serve for the full 2873
time of the unexpired term and no special election shall be called 2874
by the Governor but a successor shall be elected at the regular 2875
election. 2876
SECTION 68. Section 23-15-857, Mississippi Code of 1972, is 2877
amended as follows: 2878
23-15-857. (1) When there is a vacancy in an elective 2879
office in a city, town or village, the unexpired term of which 2880
shall not exceed six (6) months, the same shall be filled by 2881
appointment by the governing authority or remainder of the 2882
governing authority of the city, town or village. The municipal 2883
clerk shall certify the appointment to the Secretary of State and 2884
the appointed person or persons shall be commissioned by the 2885
Governor. 2886
(2) When there is a vacancy in an elective office in a city, 2887
town or village, the unexpired term of which shall exceed six (6) 2888
months, the governing authority or remainder of the governing 2889
authority of the city, town or village shall make and enter on the 2890
minutes an order for an election to be held in the city, town or 2891
village to fill the vacancy and fix a * * * time period upon which 2892
the early voting and election day shall be held. The order shall 2893
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be made and entered upon the minutes at the next regular meeting 2894
of the governing authority after the vacancy occurs, or at a 2895
special meeting to be held not later than ten (10) days after the 2896
vacancy occurs, Saturdays, Sundays and legal holidays excluded, 2897
whichever shall occur first. The election shall be held on a date 2898
not less than thirty (30) days nor more than forty-five (45) days 2899
after the date upon which the order is adopted. 2900
Notice of the election shall be given by the municipal clerk 2901
by notice published in a newspaper published in the municipality. 2902
The notice shall be published once each week for three (3) 2903
successive weeks * * * before the date * * * early voting begins 2904
for the election. The first notice shall be published at least 2905
thirty (30) days before * * * early voting begins for the 2906
election. Notice shall also be given by posting a copy of the 2907
notice at three (3) public places in the municipality not less 2908
than twenty-one (21) days before * * * early voting begins for the 2909
election. One (1) of the notices shall be posted at the city, 2910
town or village hall. In the event that there is no newspaper 2911
published in the municipality, such notice shall be published as 2912
provided for above in a newspaper that has a general circulation 2913
within the municipality and by posting as provided for above. 2914
Additionally, the governing authority may publish the notice in 2915
that newspaper for as many additional times as may be deemed 2916
necessary by the governing authority. 2917
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Each candidate shall qualify by petition filed with the 2918
municipal clerk by 5:00 p.m. at least twenty (20) days before 2919
the * * * early voting period begins for the election. If the 2920
twentieth day to file the petition before the election falls on a 2921
Sunday or legal holiday, the petition filed on the business day 2922
immediately following the Sunday or legal holiday shall be 2923
accepted. The petition shall be signed by not less than the 2924
following number of qualified electors: 2925
(a) For an office of a city, town, village or municipal 2926
district having a population of one thousand (1,000) or more, not 2927
less than fifty (50) qualified electors. 2928
(b) For an office of a city, town, village or municipal 2929
district having a population of less than one thousand (1,000), 2930
not less than fifteen (15) qualified electors. 2931
No qualifying fee shall be required of any candidate, and the 2932
election shall be held as far as practicable in the same manner as 2933
municipal general elections. 2934
The candidate receiving a majority of the votes cast in the 2935
election shall be elected. If no candidate receives a majority 2936
vote at the election, the two (2) candidates receiving the highest 2937
number of votes shall have their names placed on the ballot for 2938
the election to be held three (3) weeks thereafter. The candidate 2939
receiving a majority of the votes cast in the election shall be 2940
elected. However, if no candidate receives a majority and there 2941
is a tie in the election of those receiving the next highest vote, 2942
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those receiving the next highest vote and the candidate receiving 2943
the highest vote shall have their names placed on the ballot for 2944
the election to be held three (3) weeks thereafter, and whoever 2945
receives the most votes cast in the election shall be elected. 2946
Should the election held three (3) weeks thereafter result in 2947
a tie vote, the prevailing candidate shall be decided by a toss of 2948
a coin or by lot fairly and publicly drawn under the supervision 2949
of the election commission. 2950
The clerk of the election commission shall then give a 2951
certificate of election to the person elected, and return to the 2952
Secretary of State a copy of the order of holding the election and 2953
runoff election results, certified by the clerk of the governing 2954
authority. The person elected shall be commissioned by the 2955
Governor. 2956
However, if nineteen (19) days before the * * * early voting 2957
period begins for the election only one (1) person shall have 2958
qualified as a candidate, the governing authority, or remainder of 2959
the governing authority, shall dispense with the election and 2960
appoint that one (1) candidate in lieu of an election. In the 2961
event no person shall have qualified by 5:00 p.m. at least twenty 2962
(20) days before * * * the early voting period begins for the 2963
election, the governing authority or remainder of the governing 2964
authority shall dispense with the election and fill the vacancy by 2965
appointment. The clerk of the governing authority shall certify 2966
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the appointment to the Secretary of State, and the appointed 2967
person shall be commissioned by the Governor. 2968
SECTION 69. Section 23-15-859, Mississippi Code of 1972, is 2969
amended as follows: 2970
23-15-859. Whenever under any statute a special election is 2971
required or authorized to be held in any municipality, and the 2972
statute authorizing or requiring the election does not specify the 2973
time within which the election shall be called, or the notice 2974
which shall be given, the governing authorities of the 2975
municipality shall, by resolution, fix a date upon which the 2976
election shall be held. The date shall not be less than 2977
twenty-one (21) nor more than thirty (30) days after the date upon 2978
which such resolution is adopted, and not less than three (3) 2979
weeks' notice of the election shall be given by the clerk by a 2980
notice published in a newspaper published in the municipality once 2981
each week for three (3) weeks * * * before the * * * early voting 2982
period begins for the election, and by posting a copy of the 2983
notice at three (3) public places in the municipality. Nothing 2984
herein, however, shall be applicable to elections on the question 2985
of the issuance of the bonds of a municipality or to general or 2986
primary elections for the election of municipal officers. 2987
The provisions of this section shall be applicable to all 2988
municipalities of this state, whether operating under a code 2989
charter, special charter or the commission form of government, 2990
except in cases of conflicts between the provisions of the section 2991
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and the provisions of the special charter of a municipality, or 2992
the law governing the commission form of government, in which 2993
cases of conflict the provisions of the special charter or the 2994
statutes relative to the commission form of government shall 2995
apply. 2996
SECTION 70. Section 23-15-895, Mississippi Code of 1972, is 2997
amended as follows: 2998
23-15-895. No candidate for an elective office, or any 2999
representative of such candidate, and no proponent or opponent of 3000
any constitutional amendment, local issue or other measure printed 3001
on the ballot may post or distribute cards, posters or other 3002
campaign literature within one hundred fifty (150) feet of any 3003
entrance of the building wherein early voting or any election is 3004
being held. No candidate or a representative named by him or her 3005
in writing may appear at any polling place while armed or 3006
uniformed, or display any badge or credentials except as may be 3007
issued by the manager of the polling place. As used in this 3008
section, the term "local issue" shall have the meaning ascribed to 3009
such term in Section 23-15-375. This section shall be enforced by 3010
election officials and law enforcement officials. 3011
SECTION 71. Section 23-15-913, Mississippi Code of 1972, is 3012
amended as follows: 3013
23-15-913. (1) The judges listed and selected to hear 3014
election disputes, as provided in Section 23-15-951, shall be 3015
available during early voting and on election day to immediately 3016
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hear and resolve any election * * * disputes. The name of any 3017
judge selected to hear election day disputes shall be provided to 3018
the Secretary of State by the Chief Justice of the Mississippi 3019
Supreme Court at the time the appointment is made, unless the 3020
Secretary of State is a party to the election day dispute to which 3021
that special circuit judge is appointed. 3022
(2) The rules for filing pleadings shall be relaxed to carry 3023
out the purposes of this section. The judges selected shall 3024
perform no other judicial duties on election day. If an election 3025
day dispute occurs, the circuit clerk shall only docket the 3026
dispute to the judge designated by the Supreme Court to hear the 3027
case in that county. All election day disputes arising in one 3028
county shall go to the same judge in that county unless the judge 3029
is absent or unavailable. When such election day dispute is 3030
filed, the circuit clerk shall immediately notify by phone, email 3031
or personally, the Chief Justice of the Supreme Court, or in his 3032
or her absence or disability, some other Justice of the Supreme 3033
Court, who shall forthwith notify the assigned special judge from 3034
the list of judges who were preselected to hear election day 3035
disputes, to proceed to the county in which the dispute has been 3036
filed to hear and determine the complaint. The circuit clerk 3037
shall cause a copy of such petition to be served upon the 3038
contestee, which shall serve as notice to such contestee. In the 3039
list provided, the Supreme Court shall specify which judges shall 3040
be available to hear disputes in each county in which the disputes 3041
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occur, but no judge shall hear disputes in the district or county 3042
in which he or she was elected nor shall any judge hear any 3043
dispute in which any potential conflict may arise. Each judge 3044
shall be fair and impartial and shall be assigned on that basis. 3045
(3) The listed and selected judges provided by the Chief 3046
Justice of the Mississippi Supreme Court shall have sole 3047
jurisdiction to hear election day disputes. Election disputes can 3048
only be filed in a circuit court with proper jurisdiction and 3049
heard by one (1) of the judges selected by the Chief Justice of 3050
the Mississippi Supreme Court. 3051
SECTION 72. Section 23-15-963, Mississippi Code of 1972, is 3052
amended as follows: 3053
23-15-963. (1) Any person desiring to contest the 3054
qualifications of another person who has qualified pursuant to the 3055
provisions of Section 23-15-359 * * * as a candidate for any 3056
office elected at a general election, shall file a petition 3057
specifically setting forth the grounds of the challenge not later 3058
than thirty-one (31) days after the date of the first primary 3059
election set forth in Section 23-15-191 * * *. * * * The petition 3060
shall be filed with the same body with whom the candidate in 3061
question qualified pursuant to Section 23-15-359 * * *. 3062
(2) Any person desiring to contest the qualifications of 3063
another person who has qualified pursuant to the provisions of 3064
Section 23-15-213 * * * as a candidate for county election 3065
commissioner elected at a general election, shall file a petition 3066
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specifically setting forth the grounds of the challenge no later 3067
than sixty (60) days * * * before the period for early voting 3068
begins for the general election. * * * The petition shall be 3069
filed with the county board of supervisors, being the same body 3070
with whom the candidate in question qualified pursuant to Section 3071
23-15-213 * * *. 3072
(3) Any person desiring to contest the qualifications of 3073
another person who has qualified pursuant to the provisions of 3074
Section 23-15-361 * * * as a candidate for municipal office 3075
elected on the date designated by law for regular municipal 3076
elections, shall file a petition specifically setting forth the 3077
grounds of the challenge no later than thirty-one (31) days after 3078
the date of the first primary election set forth in Section 3079
23-15-309 * * *. * * * The petition shall be filed with the 3080
municipal election commissioners * * *, being the same body with 3081
whom the candidate in question qualified pursuant to Section 3082
23-15-361 * * *. 3083
(4) Within ten (10) days of receipt of the petition 3084
described in subsections (1), (2) and (3) of this section, the 3085
appropriate election officials shall meet and rule upon the 3086
petition. At least two (2) days before the hearing to consider 3087
the petition, the appropriate election officials shall give notice 3088
to both the petitioner and the contested candidate of the time and 3089
place of the hearing on the petition. Each party shall be given 3090
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an opportunity to be heard at such meeting and present evidence in 3091
support of his position. 3092
(5) If the appropriate election officials fail to rule upon 3093
the petition within the time required above, such inaction shall 3094
be interpreted as a denial of the request for relief contained in 3095
the petition. 3096
(6) Any party aggrieved by the action or inaction of the 3097
appropriate election officials may file a petition for judicial 3098
review to the circuit court of the county in which the election 3099
officials whose decision is being reviewed sits. * * * The 3100
petition must be filed no later than fifteen (15) days after the 3101
date the petition was originally filed with the appropriate 3102
election officials. * * * The person filing for judicial review 3103
shall give a cost bond in the sum of Three Hundred Dollars 3104
($300.00) with two (2) or more sufficient sureties conditioned to 3105
pay all costs in case his petition be dismissed, and an additional 3106
bond may be required, by the court, if necessary, at any 3107
subsequent stage of the proceedings. 3108
(7) The circuit court with whom such a petition for judicial 3109
review has been filed shall at the earliest possible date set the 3110
matter for hearing. Notice shall be given to the interested 3111
parties of the time set for hearing by the circuit clerk. The 3112
hearing before the circuit court shall be de novo. The matter 3113
shall be tried to the circuit judge, without a jury. After 3114
hearing the evidence, the circuit judge shall determine whether 3115
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the candidate whose qualifications have been challenged is legally 3116
qualified to have his name placed upon the ballot in question. 3117
The circuit judge may, upon disqualification of any such 3118
candidate, order that * * *the candidate * * * bear the court 3119
costs of the proceedings. 3120
(8) Within three (3) days after judgment is rendered by the 3121
circuit court, the contestant or contestee, or both, may file an 3122
appeal in the Supreme Court upon giving a cost bond in the sum of 3123
Three Hundred Dollars ($300.00), together with a bill of 3124
exceptions * * * that shall state the point or points of law at 3125
issue with a sufficient synopsis of the facts to fully disclose 3126
the bearing and relevancy of such points of law. The bill of 3127
exceptions shall be signed by the trial judge, or in case of his 3128
absence, refusal or disability, by two (2) disinterested 3129
attorneys, as is provided by law in other cases of bills of 3130
exception. The filing of * * * the appeals shall automatically 3131
suspend the decision of the circuit court and the appropriate 3132
election officials are entitled to proceed based upon their 3133
decision unless and until the Supreme Court, in its discretion, 3134
stays further proceedings in the matter. The appeal shall be 3135
immediately docketed in the Supreme Court and referred to the 3136
court en banc upon briefs without oral argument unless the court 3137
shall call for oral argument, and shall be decided at the earliest 3138
possible date, as a preference case over all others. The Supreme 3139
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Court shall have the authority to grant such relief as is 3140
appropriate under the circumstances. 3141
(9) The procedure set forth above shall be the * * * only 3142
manner in which the qualifications of a candidate seeking public 3143
office who qualified pursuant to the provisions of Sections 3144
23-15-359, 23-15-213 and 23-15-361 * * * may be challenged * * * 3145
before the time of his election. After any such person has been 3146
elected to public office, the election may be challenged as 3147
otherwise provided by law. After any person assumes an elective 3148
office, his qualifications to hold that office may be contested as 3149
otherwise provided by law. 3150
SECTION 73. Section 23-15-977, Mississippi Code of 1972, is 3151
amended as follows: 3152
23-15-977. (1) Except as otherwise provided in this 3153
section, all candidates for judicial office as defined in Section 3154
23-15-975 of this subarticle shall file their intent to be a 3155
candidate with the proper officials and pay the proper assessment 3156
by not later than 5:00 p.m. on February 1 of the year in which the 3157
general election for the judicial office is held. If February 1 3158
occurs on a Saturday, Sunday or legal holiday, candidates shall 3159
file their intent to be a candidate and pay the proper assessment 3160
by 5:00 p.m. on the business day immediately following the 3161
Saturday, Sunday or legal holiday. Candidates shall pay to the 3162
proper officials the following amounts: 3163
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(a) Candidates for Supreme Court justice and Court of 3164
Appeals judge, the sum of Two Hundred Dollars ($200.00). 3165
(b) Candidates for circuit judge and chancellor, the 3166
sum of One Hundred Dollars ($100.00). 3167
(c) Candidates for county judge and family court judge, 3168
the sum of One Hundred Dollars ($100.00). 3169
(d) Candidates for justice court judge, the sum of One 3170
Hundred Dollars ($100.00). 3171
Candidates for judicial office may not file their intent to 3172
be a candidate and pay the proper assessment before January 1 of 3173
the year in which the election for the judicial office is held. 3174
(2) Candidates for judicial offices listed in paragraphs (a) 3175
and (b) of subsection (1) of this section shall file their intent 3176
to be a candidate with, and pay the proper assessment made 3177
pursuant to subsection (1) of this section to, the State Board of 3178
Election Commissioners. 3179
(3) Candidates for judicial offices listed in paragraphs (c) 3180
and (d) of subsection (1) of this section shall file their intent 3181
to be a candidate with, and pay the proper assessment made 3182
pursuant to subsection (1) of this section to, the circuit clerk 3183
of the proper county. The circuit clerk shall notify the county 3184
election commissioners of all persons who have filed their intent 3185
to be a candidate with, and paid the proper assessment to, such 3186
clerk. The notification shall occur within two (2) business days 3187
and shall contain all necessary information. 3188
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(4) If only one (1) person files his or her intent to be a 3189
candidate for a judicial office and that person later dies, 3190
resigns or is otherwise disqualified from holding the judicial 3191
office after the deadline provided for in subsection (1) of this 3192
section but more than seventy (70) days before the date * * * that 3193
early voting begins for the general election, the Governor, upon 3194
notification of the death, resignation or disqualification of the 3195
person, shall issue a proclamation authorizing candidates to file 3196
their intent to be a candidate for that judicial office for a 3197
period of not less than seven (7) nor more than ten (10) days from 3198
the date of the proclamation. 3199
(5) If only one (1) person qualifies as a candidate for a 3200
judicial office and that person later dies, resigns or is 3201
otherwise disqualified from holding the judicial office within 3202
seventy (70) days before the date * * * that early voting begins 3203
for the general election, the judicial office shall be considered 3204
vacant for the new term and the vacancy shall be filled as 3205
provided in by law. 3206
SECTION 74. Section 23-15-1031, Mississippi Code of 1972, is 3207
amended as follows: 3208
23-15-1031. Except as provided by Section 23-15-1081, the 3209
first primary election for Representatives in the Congress of the 3210
United States shall be held on the second Tuesday in March of the 3211
years in which Representatives in the Congress of the United 3212
States are elected, and a second primary, if necessary, shall be 3213
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held four (4) weeks thereafter. Each year in which a presidential 3214
election is held, the congressional primary shall be held as 3215
provided in Section 23-15-1081. The election shall be held in all 3216
districts of the state during the same period for early voting and 3217
on the same day. Candidates for United States Senator shall be 3218
nominated at the congressional primary next preceding the general 3219
election at which a senator is to be elected and in the same 3220
manner that Representatives in the Congress of the United States 3221
are nominated. The chair and secretary of the state executive 3222
committee shall certify the vote for United States Senator to the 3223
Secretary of State in the same manner that county executive 3224
committees certify the returns of counties in general state and 3225
county primary elections. 3226
SECTION 75. Section 23-15-1081, Mississippi Code of 1972, is 3227
amended as follows: 3228
23-15-1081. A presidential preference primary may be held on 3229
the second Tuesday in March of each year in which a President of 3230
the United States is to be elected and during the early voting 3231
period established in this act. Each political party * * * that 3232
has cast for its candidates for President and Vice President in 3233
the previous presidential election more than twenty percent (20%) 3234
of the total vote cast for President and Vice President in the 3235
state, may conduct a presidential preference primary. No elector 3236
shall vote in the primary of more than one (1) political party in 3237
the same presidential preference primary. 3238
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SECTION 76. Section 23-15-1083, Mississippi Code of 1972, is 3239
amended as follows: 3240
23-15-1083. Beginning in 1988, as an alternative to the 3241
congressional primary election date set forth in Section 3242
23-15-1031, when a political party elects to conduct a 3243
presidential preference primary, the first primary election 3244
for * * * members of Congress, and senators, if senators are to be 3245
elected, shall be held on the second Tuesday in March and during 3246
the early voting period established in this act, and the second 3247
primary, when one is necessary, shall be held four (4) weeks 3248
thereafter, and the election shall be held in all districts of the 3249
state on the same day. 3250
SECTION 77. Section 23-15-1085, Mississippi Code of 1972, is 3251
amended as follows: 3252
23-15-1085. The * * * chair of a party's state executive 3253
committee shall notify the Secretary of State if the party intends 3254
to hold a presidential preference primary. The Secretary of State 3255
shall be notified * * * before December 1 of the year preceding 3256
the year in which a presidential preference primary may be held 3257
pursuant to Section 23-15-1081. Upon * * * the notification, the 3258
Secretary of State shall issue a proclamation setting every 3259
party's congressional and senatorial primary elections, including 3260
the period for early voting, that are to be held in the year in 3261
which the presidential preference primary is to be held on the 3262
date provided for in Section 23-15-1083. Once the Secretary of 3263
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State has issued a proclamation pursuant to this section, the date 3264
of the congressional and senatorial primary elections shall not be 3265
changed. 3266
SECTION 78. Section 23-15-1091, Mississippi Code of 1972, is 3267
amended as follows: 3268
23-15-1091. When the Secretary of State places the name of a 3269
candidate on the ballot pursuant to Section 23-15-1093, he or she 3270
shall notify the candidate that his or her name will appear on the 3271
ballot of this state in the presidential preference primary 3272
election. 3273
The secretary shall also notify the candidate that he or she 3274
may withdraw his or her name from the ballot by filing with the 3275
Secretary of State an affidavit pursuant to Section 23-15-1095 no 3276
later than the sixtieth day before the period for early voting 3277
begins for that election. 3278
SECTION 79. Section 21-3-3, Mississippi Code of 1972, is 3279
amended as follows: 3280
21-3-3. The elective officers of all municipalities 3281
operating under a code charter shall be the mayor, the aldermen, 3282
municipal judge, the marshal or chief of police, the tax collector 3283
and the tax assessor. From and after July 1, 2017, the governing 3284
authorities of the municipality shall appoint a city or town clerk 3285
who shall likewise serve as an officer of the municipality. 3286
However, the governing authorities of the municipality shall have 3287
the power, by ordinance, to combine the office of clerk or marshal 3288
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with the office of tax collector and/or tax assessor. * * * The 3289
governing authorities shall have the further power to provide 3290
that * * * any of * * * those officers, except those of mayor and 3291
aldermen, shall be appointive, in which case the marshal or chief 3292
of police, the tax collector, the tax assessor, and the city or 3293
town clerk, or such of * * * the officers as may be made 3294
appointive, shall be appointed by the governing authorities. Any 3295
action taken by the governing authorities to make any of * * * the 3296
offices appointive shall be by ordinance of * * * the 3297
municipality, and no such ordinance shall be adopted within ninety 3298
(90) days * * * before the period for early voting begins for any 3299
regular general election for the election of municipal officers. 3300
No such ordinance shall become effective during the term of office 3301
of any officer whose office shall be affected thereby. If any 3302
such office is made appointive, the person appointed thereto shall 3303
hold office at the pleasure of the governing authorities and may 3304
be discharged by * * * the governing authorities at any time, 3305
either with or without cause, and it shall be discretionary with 3306
the governing authorities whether or not to require * * * the 3307
person appointed thereto to reside within the corporate limits of 3308
the municipality in order to hold * * * the office. 3309
SECTION 80. Section 21-9-17, Mississippi Code of 1972, is 3310
amended as follows: 3311
21-9-17. Except as otherwise provided, all candidates for 3312
mayor and councilmen, or any of them, to be voted for * * * during 3313
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the periods for holding any general or special municipal election, 3314
shall be nominated by party primary election, and no other name or 3315
names shall be placed on the official ballot at * * * the general 3316
or special election than those selected in the manner prescribed 3317
herein. Such primary election or elections, shall be held not 3318
less than ten (10), nor more than thirty (30) days, * * * before 3319
the general or special election, and * * * the primary election or 3320
elections shall be held and conducted in the manner as near as may 3321
be as is provided by law for state and county primary elections. 3322
SECTION 81. Section 37-5-9, Mississippi Code of 1972, is 3323
amended as follows: 3324
37-5-9. The name of any qualified elector who is a candidate 3325
for the county board of education shall be placed on the ballot 3326
used in the general elections by the county election 3327
commissioners, provided that the candidate files with the county 3328
election commissioners, not more than one hundred five (105) days 3329
and not less than seventy-five (75) days * * * before the 3330
date * * * early voting begins for the general election, a 3331
petition of nomination signed by not less than fifty (50) 3332
qualified electors of the county residing within each supervisor's 3333
district. If the seventy-fifth day before the election falls on a 3334
Saturday, Sunday or legal holiday, the petition required under 3335
this section shall be filed by 5:00 p.m. on the business day 3336
immediately following the Saturday, Sunday or legal holiday. 3337
Where there are less than one hundred (100) qualified electors in 3338
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said supervisor's district, it shall only be required that said 3339
petition of nomination be signed by at least twenty percent (20%) 3340
of the qualified electors of such supervisor's district. The 3341
candidate in each supervisor's district who receives the majority 3342
of votes cast in the district shall be declared elected. If no 3343
candidate receives a majority of the votes cast at the election, a 3344
runoff shall be held between the two (2) candidates receiving the 3345
highest number of votes in the first election. The runoff 3346
election, in the event that such is necessary, shall be held four 3347
(4) weeks after the first election. 3348
When any member of the county board of education is to be 3349
elected from the county at large under the provisions of this 3350
chapter, then the petition required by the preceding paragraph 3351
hereof shall be signed by the required number of qualified 3352
electors residing in any part of the county outside of the 3353
territory embraced within a municipal separate school district or 3354
special municipal separate school district. The candidate who 3355
receives the majority of votes cast in the election shall be 3356
declared elected. If no candidate receives a majority of the 3357
votes cast at the election, a runoff shall be held between the two 3358
(2) candidates receiving the highest number of votes in the first 3359
election. The runoff election, in the event that such is 3360
necessary, shall be held four (4) weeks after the first election. 3361
In no case shall any qualified elector residing within a 3362
municipal separate school district or special municipal separate 3363
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school district be eligible to sign a petition of nomination for 3364
any candidate for the county board of education under any of the 3365
provisions of this section. 3366
SECTION 82. Section 21-8-7, Mississippi Code of 1972, is 3367
amended as follows: 3368
21-8-7. (1) Each municipality operating under the 3369
mayor-council form of government shall be governed by an elected 3370
council and an elected mayor. Other officers and employees shall 3371
be duly appointed pursuant to this chapter, general law or 3372
ordinance. 3373
(2) Except as otherwise provided in subsection (4) of this 3374
section, the mayor and council members shall be elected by the 3375
voters of the municipality at a regular municipal election held on 3376
the first Tuesday after the first Monday in June as provided in 3377
Section 21-11-7, and shall serve for a term of four (4) years 3378
beginning on the first day of July next following the election 3379
that is not on a weekend. Votes for mayor and council members may 3380
also be cast during the period for early voting as provided in 3381
this act. 3382
(3) The terms of the initial mayor and council members shall 3383
commence at the expiration of the terms of office of the elected 3384
officials of the municipality serving at the time of adoption of 3385
the mayor-council form. 3386
(4) (a) The council shall consist of five (5), seven (7) or 3387
nine (9) members. In the event there are five (5) council 3388
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members, the municipality shall be divided into either five (5) or 3389
four (4) wards. In the event there are seven (7) council members, 3390
the municipality shall be divided into either seven (7), six (6) 3391
or five (5) wards. In the event there are nine (9) council 3392
members, the municipality shall be divided into seven (7) or nine 3393
(9) wards. If the municipality is divided into fewer wards than 3394
it has council members, the other council member or members shall 3395
be elected from the municipality at large. The total number of 3396
council members and the number of council members elected from 3397
wards shall be established by the petition or petitions presented 3398
pursuant to Section 21-8-3. One (1) council member shall be 3399
elected from each ward by the voters of that ward. Council 3400
members elected to represent wards must be residents of their 3401
wards for two (2) years as provided in Section 23-15-300 at the 3402
time of qualification for election, and any council member who 3403
removes the member's residence from the municipality or from the 3404
ward from which elected shall vacate that office. However, any 3405
candidate for council member who is properly qualified as a 3406
candidate under applicable law shall be deemed to be qualified as 3407
a candidate in whatever ward the member resides if the ward has 3408
changed after the council has redistricted the municipality as 3409
provided in paragraph (c)(ii) of this subsection (4), and if the 3410
wards have been so changed, any person may qualify as a candidate 3411
for council member, by changing the person's residence, not less 3412
than fifteen (15) days before the period for early voting begins 3413
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for the first party primary or special party primary, as the case 3414
may be, notwithstanding any other residency or qualification 3415
requirements to the contrary. 3416
(b) The council or board existing at the time of the 3417
adoption of the mayor-council form of government shall designate 3418
the geographical boundaries of the wards within one hundred twenty 3419
(120) days after the election in which the mayor-council form of 3420
government is selected. In designating the geographical 3421
boundaries of the wards, each ward shall contain, as nearly as 3422
possible, the population factor obtained by dividing the 3423
municipality's population as shown by the most recent decennial 3424
census by the number of wards into which the municipality is to be 3425
divided. 3426
(c) (i) It shall be the mandatory duty of the council 3427
to redistrict the municipality by ordinance, which ordinance may 3428
not be vetoed by the mayor, within six (6) months after the 3429
official publication by the United States of the population of the 3430
municipality as enumerated in each decennial census, and within 3431
six (6) months after the effective date of any expansion of 3432
municipal boundaries; however, if the publication of the most 3433
recent decennial census or effective date of an expansion of the 3434
municipal boundaries occurs six (6) months or more before the 3435
first party primary of a general municipal election, then the 3436
council shall redistrict the municipality by ordinance not less 3437
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than sixty (60) days before the period for early voting begins for 3438
the first party primary. 3439
(ii) If the publication of the most recent 3440
decennial census occurs less than six (6) months before the first 3441
primary of a general municipal election, the election shall be 3442
held with regard to the existing defined wards; reapportioned 3443
wards based on the census shall not serve as the basis for 3444
representation until the next regularly scheduled election in 3445
which council members shall be elected. 3446
(d) If annexation of additional territory into the 3447
municipal corporate limits of the municipality occurs less than 3448
six (6) months before the first party primary of a general 3449
municipal election, the council shall, by ordinance adopted within 3450
three (3) days of the effective date of the annexation, assign the 3451
annexed territory to an adjacent ward or wards so as to maintain 3452
as nearly as possible substantial equality of population between 3453
wards; any subsequent redistricting of the municipality by 3454
ordinance as required by this chapter shall not serve as the basis 3455
for representation until the next regularly scheduled election for 3456
municipal council members. 3457
(5) Vacancies occurring in the council shall be filled as 3458
provided in Section 23-15-857. 3459
(6) The mayor shall maintain an office at the city hall. 3460
The council members shall not maintain individual offices at the 3461
city hall; however, in a municipality having a population of one 3462
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hundred thousand (100,000) and above according to the latest 3463
federal decennial census, council members may have individual 3464
offices in the city hall. Clerical work of council members in the 3465
performance of the duties of their office shall be performed by 3466
municipal employees or at municipal expense, and council members 3467
shall be reimbursed for the reasonable expenses incurred in the 3468
performance of the duties of their office. 3469
SECTION 83. Section 9-4-5, Mississippi Code of 1972, is 3470
amended as follows: 3471
9-4-5. (1) The term of office of judges of the Court of 3472
Appeals shall be eight (8) years. An election shall be held on 3473
the first Tuesday after the first Monday in November 1994, to 3474
elect the ten (10) judges of the Court of Appeals, two (2) from 3475
each congressional district; provided, however, judges of the 3476
Court of Appeals who are elected to take office after the first 3477
Monday of January 2002, shall be elected from the Court of Appeals 3478
Districts described in subsection (5) of this section. The judges 3479
of the Court of Appeals shall begin service on the first Monday of 3480
January 1995. Votes for judges of the Court of Appeals may be 3481
cast, if applicable, during the period for early voting provided 3482
for in this act. 3483
(2) (a) In order to provide that the offices of not more 3484
than a majority of the judges of * * * the court shall become 3485
vacant at any one (1) time, the terms of office of six (6) of the 3486
judges first to be elected shall expire in less than eight (8) 3487
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years. For the purpose of all elections of members of the court, 3488
each of the ten (10) judges of the Court of Appeals shall be 3489
considered a separate office. The two (2) offices in each of the 3490
five (5) districts shall be designated Position Number 1 and 3491
Position Number 2, and in qualifying for office as a candidate for 3492
any office of judge of the Court of Appeals each candidate shall 3493
state the position number of the office to which he or she aspires 3494
and the election ballots shall so indicate. 3495
(i) In Congressional District Number 1, the judge 3496
of the Court of Appeals for Position Number 1 shall be that office 3497
for which the term ends January 1, 1999, and the judge of the 3498
Court of Appeals for Position Number 2 shall be that office for 3499
which the term ends January 1, 2003. 3500
(ii) In Congressional District Number 2, the judge 3501
of the Court of Appeals for Position Number 1 shall be that office 3502
for which the term ends on January 1, 2003, and the judge of the 3503
Court of Appeals for Position Number 2 shall be that office for 3504
which the term ends January 1, 2001. 3505
(iii) In Congressional District Number 3, the 3506
judge of the Court of Appeals for Position Number 1 shall be that 3507
office for which the term ends on January 1, 2001, and the judge 3508
of the Court of Appeals for Position Number 2 shall be that office 3509
for which the term ends January 1, 1999. 3510
(iv) In Congressional District Number 4, the judge 3511
of the Court of Appeals for Position Number 1 shall be that office 3512
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for which the term ends on January 1, 1999, and the judge of the 3513
Court of Appeals for Position Number 2 shall be that office for 3514
which the term ends January 1, 2003. 3515
(v) In Congressional District Number 5, the judge 3516
of the Court of Appeals for Position Number 1 shall be that office 3517
for which the term ends on January 1, 2003, and the judge of the 3518
Court of Appeals for Position Number 2 shall be that office for 3519
which the term ends January 1, 2001. 3520
(b) The laws regulating the general elections shall 3521
apply to and govern the elections of judges of the Court of 3522
Appeals except as otherwise provided in Sections 23-15-974 through 3523
23-15-985. 3524
(c) In the year * * * before the expiration of the term 3525
of an incumbent, and likewise each eighth year thereafter, an 3526
election shall be held in the manner provided in this section in 3527
the district from which the incumbent Court of Appeals judge was 3528
elected at which there shall be elected a successor to the 3529
incumbent, whose term of office shall thereafter begin on the 3530
first Monday of January of the year in which the term of the 3531
incumbent he or she succeeds expires. 3532
(3) No person shall be eligible for the office of judge of 3533
the Court of Appeals who has not attained the age of thirty (30) 3534
years at the time of his or her election and who has not been a 3535
practicing attorney and citizen of the state for five (5) years 3536
immediately * * * before the election. 3537
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(4) Any vacancy on the Court of Appeals shall be filled by 3538
appointment of the Governor for that portion of the unexpired 3539
term * * * before the election to fill the remainder of * * * the 3540
term according to provisions of Section 23-15-849 * * *. 3541
(5) (a) The State of Mississippi is hereby divided into 3542
five (5) Court of Appeals Districts as follows: 3543
FIRST DISTRICT. The First Court of Appeals District shall be 3544
composed of the following counties and portions of counties: 3545
Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, 3546
Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, 3547
Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada 3548
County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; 3549
in Montgomery County the precincts of North Winona, Lodi, Stewart, 3550
Nations and Poplar Creek; in Panola County the precincts of East 3551
Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North 3552
Springport, South Springport, Eureka, Williamson, East Batesville 3553
4, West Batesville 4, Fern Hill, North Batesville A, East 3554
Batesville 5 and West Batesville 5; and in Tallahatchie County the 3555
precincts of Teasdale, Enid, Springhill, Charleston Beat 1, 3556
Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, 3557
Murphreesboro and Rosebloom. 3558
SECOND DISTRICT. The Second Court of Appeals District shall 3559
be composed of the following counties and portions of counties: 3560
Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, 3561
Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, 3562
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Tunica, Warren, Washington and Yazoo; in Attala County the 3563
precincts of Northeast, Hesterville, Possomneck, North Central, 3564
McAdams, Newport, Sallis and Southwest; that portion of Grenada 3565
County not included in the First Court of Appeals District; in 3566
Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 3567
83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, 3568
Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, 3569
St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the 3570
precincts of Conway, West Carthage, Wiggins, Thomastown and 3571
Ofahoma; in Madison County the precincts of Farmhaven, Canton 3572
Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, 3573
Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, 3574
Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, 3575
Canton Precinct 1 and Canton Precinct 4; that portion of 3576
Montgomery County not included in the First Court of Appeals 3577
District; that portion of Panola County not included in the First 3578
Court of Appeals District; and that portion of Tallahatchie County 3579
not included in the First Court of Appeals District. 3580
THIRD DISTRICT. The Third Court of Appeals District shall be 3581
composed of the following counties and portions of counties: 3582
Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, 3583
Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that 3584
portion of Attala County not included in the Second Court of 3585
Appeals District; in Jones County the precincts of Northwest High 3586
School, Shady Grove, Sharon, Erata, Glade, Myrick School, 3587
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ST: Donald J. Trump Early Voting Act; create.
Northeast High School, Rustin, Sandersville Civic Center, Tuckers, 3588
Antioch and Landrum; that portion of Leake County not included in 3589
the Second Court of Appeals District; that portion of Madison 3590
County not included in the Second Court of Appeals District; and 3591
in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, 3592
Diamond, Chaparral, Matherville, Coit and Eucutta. 3593
FOURTH DISTRICT. The Fourth Court of Appeals District shall 3594
be composed of the following counties and portions of counties: 3595
Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, 3596
Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; 3597
that portion of Hinds County not included in the Second Court of 3598
Appeals District; and that portion of Jones county not included in 3599
the Third Court of Appeals District. 3600
FIFTH DISTRICT. The Fifth Court of Appeals District shall be 3601
composed of the following counties and portions of counties: 3602
Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl 3603
River, Perry and Stone; and that portion of Wayne County not 3604
included in the Third Court of Appeals District. 3605
(b) The boundaries of the Court of Appeals Districts 3606
described in paragraph (a) of this subsection shall be the 3607
boundaries of the counties and precincts listed in paragraph (a) 3608
of this subsection as such boundaries existed on October 1, 1990. 3609
SECTION 84. This act shall take effect and be in force from 3610
and after July 1, 2026. 3611