Early voting; authorize at the office of the registrar and additional early voting polling places.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Osborne

HOUSE BILL NO. 365

AN ACT TO CREATE THE EARLY VOTING ACT; TO PROVIDE 1
DEFINITIONS; TO PROVIDE THE TIME FOR THE EARLY VOTING PERIOD; TO 2
PROVIDE THAT EARLY VOTING SHALL BE FOR EACH PRIMARY, GENERAL, 3
RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO 4
PROVIDE THE HOURS FOR EARLY VOTING IN THE REGISTRAR'S OFFICE AND 5
AT ADDITIONAL EARLY VOTING POLLING PLACES; TO PROVIDE THAT NOTICE 6
OF EARLY VOTING SHALL BE PROVIDED IN THREE PUBLIC PLACES FOURTEEN 7
DAYS BEFORE THE VOTING BEGINS; TO PROVIDE THE PROCEDURES TO FOLLOW 8
WHEN CASTING A BALLOT DURING THE EARLY VOTING PERIOD; TO PROVIDE 9
THE MANNER FOR CHALLENGING THE QUALIFICATIONS OF A VOTER DURING 10
THE EARLY VOTING PERIOD; TO AMEND SECTIONS 23-15-625, 23-15-627, 11
23-15-629, 23-15-631, 23-15-635, 23-15-637, 23-15-639, 23-15-641, 12
23-15-647, 23-15-649, 23-15-657, 23-15-713, 23-15-715, 23-15-719 13
AND 23-15-735, MISSISSIPPI CODE OF 1972, TO REVISE THE VOTERS WHO 14
ARE ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO PROHIBIT A VOTER FROM 15
CASTING AN ABSENTEE BALLOT IN PERSON AT THE OFFICE OF THE COUNTY 16
REGISTRAR; TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND 17
SECTIONS 23-15-31, 23-15-37, 23-15-43, 23-15-47, 23-15-65, 18
23-15-127, 23-15-153, 23-15-171, 23-15-173, 23-15-191, 23-15-195, 19
23-15-197, 23-15-231, 23-15-233, 23-15-239, 23-15-241, 23-15-245, 20
23-15-247, 23-15-251, 23-15-255, 23-15-263, 23-15-265, 23-15-267, 21
23-15-309, 23-15-331, 23-15-333, 23-15-335, 23-15-353, 23-15-357, 22
23-15-359, 23-15-363, 23-15-367, 7-3-39, 23-15-511, 23-15-515, 23
23-15-545, 23-15-573, 23-15-781, 23-15-785, 23-15-807, 23-15-833, 24
23-15-843, 23-15-851, 23-15-853, 23-15-855, 23-15-857, 23-15-859, 25
23-15-895, 23-15-913, 23-15-963, 23-15-977, 23-15-1031, 26
23-15-1081, 23-15-1083, 23-15-1085, 23-15-1091, 21-3-3, 21-9-17, 27
37-5-9, 21-8-7, 9-4-5 AND 23-15-321, MISSISSIPPI CODE OF 1972, TO 28
CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. The title of Sections 1 through 7 of this chapter 31
shall be known and may be cited as the "Early Voting Act." 32
SECTION 2. For purposes of this act, these words shall have 33
the following meanings, unless their context clearly suggests 34
otherwise: 35
(a) "Election" means the period of time that is 36
available for casting a final vote. References to the time of an 37
election or the duration of the election shall encompass, unless 38
the context clearly indicates otherwise, the period that has been 39
designed for early voting as provided in this act. 40
(b) "Polling place" or "voting precinct" means any 41
place that a qualified elector votes during the early voting 42
period and on the actual election day. 43
SECTION 3. During any primary, general, runoff, special or 44
municipal election for public office, any qualified elector may 45
vote: 46
(a) In the elector's assigned precinct on election day; 47
(b) In the office of the registrar in which the elector 48
is registered to vote during the times established in Section 4 of 49
this act for early voting; 50
(c) At an early voting location as provided in Section 51
4 of this act; 52
(d) By a mail-in absentee ballot. 53
SECTION 4. (1) (a) Except as otherwise provided in this 54
section, if the qualified elector votes early in the office of the 55
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registrar, the early voting period shall begin seven (7) days 56
before the date of each primary, general, runoff, special and 57
municipal election for public office and continue until 12:00 p.m. 58
on Saturday preceding the election day. If the date prescribed 59
for beginning the early voting period falls on a Sunday or state 60
holiday, the early voting period shall begin on the next regular 61
business day. During the last full week preceding an election, 62
the office of the appropriate registrar may extend the office 63
hours to accommodate early voters. All registrar offices shall 64
remain open from 8:00 a.m. until 12:00 p.m. for the two (2) 65
Saturdays immediately preceding each election. 66
(b) (i) The county board of election commissioners or 67
the municipal election commissioners, in the case of municipal 68
elections, may decide to hold early voting at additional polling 69
places outside the office of the registrar. If the appropriate 70
election commissioners make that determination, the early voting 71
period shall begin fifteen (15) days before the date of each 72
primary, general, runoff, special and municipal election for 73
public office from the hours of 8:00 a.m. until 5:00 p.m. Monday 74
through Friday and 10:00 a.m. until 4:00 p.m. on the Saturday 75
immediately before the election day and 8:00 a.m. until 5:00 p.m. 76
on the Monday immediately preceding the election. If the date 77
prescribed for beginning the early voting period falls on a Sunday 78
or state holiday, the early voting period shall begin on the next 79
regular business day. 80
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(ii) If the appropriate election commissioners 81
determine to hold early voting at additional polling places 82
outside the office of the registrar, they shall determine by 83
unanimous vote the location of the additional polling places. 84
(iii) The appropriate election commissioners shall 85
appoint the election officials for the additional early voting 86
polling places in the same manner as other election officials are 87
appointed for election day. 88
(iv) The appropriate election commissioners shall 89
notify the registrar of their decision to hold early voting at 90
additional polling places outside the office of the registrar 91
within ten (10) days of the decision. 92
(2) If the appropriate election commissioners determine to 93
hold early voting at additional polling places on the days and 94
times under subsection (1)(b) of this section, the registrar may 95
choose not to hold early voting at his or her office. The 96
registrar shall notify the appropriate election commissioners 97
within ten (10) of making the determination. Adequate notice 98
shall be posted at the registrar's office that informs the public 99
of the location where early voting is being conducted. 100
(3) Notice of the early voting hours shall be given by the 101
officials in charge of the election not less than fourteen (14) 102
days before the day early voting begins. The notice shall be 103
posted in three (3) public places within the county or 104
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municipality, with one (1) place being the county courthouse in a 105
county election or city hall in a municipal election. 106
SECTION 5. (1) (a) A qualified elector who desires to vote 107
during the early voting period at the office of the registrar 108
shall appear at the office of the appropriate registrar in the 109
county or municipality in which the elector is registered to vote 110
and shall present an acceptable form of photo identification. 111
Upon verification of the proper location and identity, the elector 112
shall sign the appropriate receipt book and cast his or her vote 113
in the same manner that the vote would be cast on the day of the 114
election. Except as otherwise provided in Sections 1 through 7 of 115
this act, the election laws that govern the procedures for a 116
person who appears to vote on the day of an election shall apply 117
when a person appears to vote during the early voting period. 118
(b) Before a qualified elector is permitted to cast a 119
ballot at an additional early voting polling place, the election 120
official shall: 121
(i) Request the voter to identify himself or 122
herself by stating his or her name, date of birth and address in 123
order to verify his or her registration; 124
(ii) Request the voter to present an acceptable 125
form of photo identification to the election official; 126
(iii) If the voter's name or address is not the 127
same as that in the county voter registration record files, 128
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request the voter to complete an updated voter registration 129
application form; 130
(iv) Request the voter to sign an early voting 131
receipt book or early voting request form that identifies his or 132
her name, address, date of birth and the date on the roster or 133
form; and 134
(v) Enter the voter's precinct number on the early 135
voting roster or early voting request form. 136
(2) The early voting election official shall record the date 137
on all pages of the early voting receipt book or early voting 138
request form and keep a daily record of the number of early voting 139
ballots cast. 140
(3) All voted ballots and nonvoted ballots and all related 141
election materials at each additional early voting polling place 142
shall be stored in a secure location in the courthouse or in a 143
secure location as determined by the appropriate election 144
commissioners immediately after the close of the additional 145
polling places each day that early voting is conducted there. 146
(4) (a) If the voter is not listed in the pollbook and the 147
registrar or election official is unable to verify the voter's 148
registration, but the voter contends that he or she is eligible to 149
vote, or if the voter fails to provide an acceptable form of photo 150
identification, then the voter may fill out an affidavit ballot as 151
provided in Section 23-15-573. 152
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(b) A person who is a resident of a long-term care or 153
residential care facility licensed by the state may vote at the 154
facility upon providing the required photo identification before 155
voting as otherwise required by law. 156
(5) The registrar or appropriate election commissioners 157
shall ensure that all early voting locations, including the office 158
of the registrar and the additional early voting polling places, 159
adequately permit the early voter to personally and secretly cast 160
his or her ballot. 161
(6) (a) The registrar or other appropriate election 162
official shall record early votes, in the same manner as other 163
votes are recorded, in the permanent voter registration record of 164
an elector who voted at an early voting location to indicate that 165
the elector has voted. 166
(b) The registrar shall record in the permanent voter 167
registration record no later than twenty-four (24) hours after the 168
elector has voted. 169
(c) If the elector votes on a Friday or Saturday, the 170
registrar shall record in the permanent voter registration record 171
no later than the close of business on the Monday following the 172
vote. 173
(7) All votes cast during the early voting period shall be 174
final. 175
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(8) The votes cast during the early voting period shall be 176
announced simultaneously with all other votes cast on election 177
day. 178
(9) Qualified electors voting during the early voting period 179
shall be entitled to the same voting assistance that they would be 180
entitled to on the actual election day. 181
SECTION 6. Each political party, candidate or any 182
representative of a political party or candidate pursuant to 183
Section 23-15-577 shall have the right to be present at the office 184
of the appropriate registrar when it is open for early voting and 185
to challenge the qualifications of any person offering to vote in 186
the same manner as provided by law for challenging qualifications 187
at the polling place on election day. 188
SECTION 7. The Secretary of State shall promulgate rules and 189
regulations necessary to effectuate early voting, including 190
measures to inform the public about the availability of early 191
voting. 192
SECTION 8. Section 23-15-625, Mississippi Code of 1972, is 193
amended as follows: 194
23-15-625. (1) The registrar shall be responsible for 195
providing applications for absentee voting as provided in this 196
section. At least sixty (60) days before any election in which 197
absentee voting is provided for by law, the registrar shall 198
provide a sufficient number of applications. In the event a 199
special election is called and set at a date which makes it 200
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impractical or impossible to prepare applications for absent 201
elector's ballot sixty (60) days before the election, the 202
registrar shall provide applications as soon as practicable after 203
the election is called. The registrar shall fill in the date of 204
the particular election on the application for which the 205
application will be used. For voters appearing in person to cast 206
an absentee vote, the application and elector certificate shall be 207
printed on the absentee ballot envelope as provided in Section 208
23-15-659. 209
(2) The registrar shall be authorized to disburse 210
applications for absentee ballots to any qualified elector within 211
the county where he or she serves. Any person who presents to the 212
registrar an oral or written request for an absentee ballot 213
application for a voter entitled to vote absentee by mail, other 214
than the elector who seeks to vote by absentee ballot, shall, in 215
the presence of the registrar, sign the application and print on 216
the application his or her name and address and the name of the 217
elector for whom the application is being requested in the place 218
provided for on the application for that purpose. However, if for 219
any reason such person is unable to write the information 220
required, then the registrar shall write the information on a 221
printed form which has been prescribed by the Secretary of State. 222
The form shall provide a place for such person to place his or her 223
mark after the form has been filled out by the registrar. 224
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(3) It shall be unlawful for any person to solicit absentee 225
ballot applications or absentee ballots for persons staying in any 226
skilled nursing facility as defined in Section 41-7-173 unless the 227
person soliciting the absentee ballot applications or absentee 228
ballots is: 229
(a) A family member of the person staying in the 230
skilled nursing facility; or 231
(b) A person designated in writing by the person for 232
whom the absentee ballot application or absentee ballot is sought, 233
the registrar or the deputy registrar. 234
As used in this subsection, "family member" means a spouse, 235
parent, grandparent, sibling, adult child, grandchild or legal 236
guardian. 237
(4) The registrar * * *, upon receiving by mail the 238
envelopes containing the absentee ballots shall keep an accurate 239
list of all persons preparing such ballots. The list shall be 240
kept in a conspicuous place accessible to the public near the 241
entrance to the registrar's office. The registrar shall also 242
furnish to each precinct manager a list of the names of all 243
persons in each respective precinct voting absentee by mail and in 244
person to be posted in a conspicuous place at the polling place 245
for public notice. The application on file with the registrar and 246
the envelopes containing the ballots that voters mailed to the 247
registrar shall be kept by the registrar in his or her office in a 248
secure location. At the time such boxes are delivered to the 249
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election commissioners or managers, the registrar shall also turn 250
over a list of all such persons who have voted by absentee ballot 251
and whose mailed ballots are in the registrar's office. 252
(5) The registrar shall also be authorized to mail one (1) 253
application to any qualified elector of the county, who is 254
eligible to vote by absentee ballot, for use in a particular 255
election. 256
(6) The registrar shall process all applications for 257
absentee ballots by using the Statewide Election Management 258
System. The registrar shall account for all absentee ballots 259
delivered to and received by mail as well as those who voted 260
absentee in person from qualified voters by processing such 261
ballots using the Statewide Election Management System. 262
SECTION 9. Section 23-15-627, Mississippi Code of 1972, is 263
amended as follows: 264
23-15-627. (1) Any elector described in Section 23-15-713 265
may request an absentee ballot application and vote in person at 266
the office of the registrar in the county in which he or she 267
resides. The registrar shall be responsible for furnishing an 268
absentee ballot application form to any elector authorized to 269
receive an absentee ballot. Such form shall be printed on the 270
absentee ballot envelope as provided in Section 23-15-659. Except 271
as otherwise provided in Section 23-15-625, absentee ballot 272
applications shall be furnished to a person only upon the oral or 273
written request of the elector who seeks to vote by absentee 274
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ballot; however, the parent, child, spouse, sibling, legal 275
guardian, those empowered with a power of attorney for that 276
elector's affairs or agent of the elector, who is designated in 277
writing and witnessed by a resident of this state who shall write 278
his or her physical address on such designation, may orally 279
request an absentee ballot application on behalf of the elector. 280
The written designation shall be valid for one (1) year after the 281
date of the designation. An absentee ballot application must have 282
the seal of the circuit or municipal clerk affixed to it and be 283
initialed by the registrar or his or her deputy in order to be 284
used to obtain an absentee ballot. A reproduction of an absentee 285
ballot application shall not be valid unless it is a reproduction 286
provided by the office of the registrar of the jurisdiction in 287
which the election is being held and which contains the seal and 288
initials required by this section. 289
(2) Such application shall be substantially in the following 290
form for applications mailed to absentee electors: 291
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 292
I, _____, duly qualified and registered in the ___ Precinct 293
of the County of _____, and State of Mississippi, coming within 294
the purview of the definition 'ABSENT ELECTOR' will be * * * 295
unable to vote in person because (check appropriate reason): 296
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 297
resident of Mississippi or have moved therefrom within thirty (30) 298
days of the coming presidential election. 299
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( ) I am an enlisted or commissioned member, male or female, 300
of any component of the United States Armed Forces and am a 301
citizen of Mississippi, or spouse or dependent of such member. 302
( ) I am a member of the Merchant Marine or the American Red 303
Cross and am a citizen of Mississippi or spouse or dependent of 304
such member. 305
( ) I am a disabled war veteran who is a patient in any 306
hospital and am a citizen of Mississippi or spouse or dependent of 307
such veteran. 308
( ) I am a civilian attached to and serving outside of the 309
United States with any branch of the Armed Forces or with the 310
Merchant Marine or American Red Cross, and am a citizen of 311
Mississippi or spouse or dependent of such civilian. 312
( ) I am a citizen of Mississippi temporarily residing 313
outside the territorial limits of the United States and the 314
District of Columbia. 315
* * * 316
( ) I * * * am a citizen of Mississippi temporarily residing 317
outside of the county of my residence during the early voting 318
period or on election day. 319
( ) I am an emergency response provider, deployed due to a 320
state of emergency declared by the President of the United States 321
or the Governor of any state within the United States during the 322
time period provided by law for early voting and election day. 323
( ) I have a temporary or permanent physical disability. 324
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( ) I am sixty-five (65) years of age or older. 325
( ) I am the parent, spouse or dependent of a person with a 326
temporary or permanent physical disability who is hospitalized 327
outside his or her county of residence or more than fifty (50) 328
miles away from his or her residence, and I will be with such 329
person during the time period provided by law for early voting and 330
on election day. 331
( ) I am a member of the congressional delegation, or spouse 332
or dependent of a member of the congressional delegation. 333
( ) I am required to be at work during the time period 334
provided by law for early voting and on election day during the 335
times when the polls will be open or I am required to be on-call 336
during the time period provided by law for early voting and on 337
election day during the times when the polls will be open. 338
( ) I am incarcerated in prison or jail in the county where 339
I am registered to vote and have not been convicted of a 340
disenfranchising crime. 341
I hereby make application for an official ballot, or ballots, 342
to be voted by me at the election to be held in _____, on _____. 343
Mail 'Absent Elector's Ballot' to me at the following address 344
____________. 345
( ) I wish to receive an absentee ballot for the runoff 346
election ___________________________________________. 347
Notify me of a problem with my 'Absent Elector's Ballot' at 348
the following: 349
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Phone number: _____________________________ 350
Email address: ____________________________ 351
Mailing address: __________________________ 352
I realize that I can be fined up to Five Thousand Dollars 353
($5,000.00) and sentenced up to five (5) years in the Penitentiary 354
for making a false statement in this application and for selling 355
my vote and violating the Mississippi Absentee Voter Law. (This 356
sentence is to be in bold print.) 357
If you are temporarily or permanently disabled, you are not 358
required to have this application notarized or signed by an 359
official authorized to administer oaths for absentee balloting. 360
You are required to sign this application in the proper place and 361
have a person eighteen (18) years of age or older witness your 362
signature and sign this application in the proper place. 363
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 364
print.) 365
IN WITNESS WHEREOF I have hereunto set my hand and seal this 366
the ____ day of ______, 2___. 367
_________________________________ 368
(Signature of absent elector) 369
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 370
2___. 371
_________________________________ 372
(Official authorized to administer oaths 373
for absentee balloting.) 374
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TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 375
DISABLED: 376
I HEREBY CERTIFY that this application for an absent 377
elector's ballot was signed by the above-named elector in my 378
presence and that I am at least eighteen (18) years of age, this 379
the _____ day of ____________________, 2___. 380
_________________________________ 381
(Signature of witness) 382
CERTIFICATE OF DELIVERY 383
I hereby certify that _________________ (print name of voter) 384
has requested that I, __________________ (print name of person 385
delivering application), deliver to the voter this absentee ballot 386
application. 387
__________________________________________ 388
(Signature of person delivering application) 389
__________________________________________ 390
(Address of person delivering application)" 391
(3) The application printed on the front of the absentee 392
ballot envelope for absentee voters appearing before the registrar 393
shall be substantially in the following form: 394
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 395
I, _____, duly qualified and registered in the ___ Precinct 396
of the County of _____, and State of Mississippi, coming within 397
the purview of the definition 'ABSENT ELECTOR' will be absent from 398
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the county of my residence on election day, or unable to vote in 399
person because (check appropriate reason): 400
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 401
resident of Mississippi or have moved therefrom within thirty (30) 402
days of the coming presidential election. 403
( ) I am an enlisted or commissioned member, male or female, 404
of any component of the United States Armed Forces and am a 405
citizen of Mississippi, or spouse or dependent of such member. 406
( ) I am a member of the Merchant Marine or the American Red 407
Cross and am a citizen of Mississippi or spouse or dependent of 408
such member. 409
( ) I am a disabled war veteran who is a patient in any 410
hospital and am a citizen of Mississippi or spouse or dependent of 411
such veteran. 412
( ) I am a civilian attached to and serving outside of the 413
United States with any branch of the Armed Forces or with the 414
Merchant Marine or American Red Cross, and am a citizen of 415
Mississippi or spouse or dependent of such civilian. 416
( ) I am a citizen of Mississippi temporarily residing 417
outside the territorial limits of the United States and the 418
District of Columbia. 419
* * * 420
( ) I * * * am a citizen of Mississippi temporarily residing 421
outside of the county of my residence during the early voting 422
period or on election day. 423
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( ) I am an emergency response provider, deployed due to a 424
state of emergency declared by the President of the United States 425
or the Governor of any state within the United States during the 426
time period provided by law for early voting and election day. 427
( ) I have a temporary or permanent physical disability. 428
( ) I am sixty-five (65) years of age or older. 429
( ) I am the parent, spouse or dependent of a person with a 430
temporary or permanent physical disability who is hospitalized 431
outside his or her county of residence or more than fifty (50) 432
miles away from his or her residence, and I will be with such 433
person during the time period provided by law for early voting and 434
on election day. 435
( ) I am a member of the congressional delegation, or spouse 436
or dependent of a member of the congressional delegation. 437
( ) I am required to be at work during the time period 438
provided by law for early voting and on election day during the 439
times when the polls will be open or I am required to be on-call 440
during the time period provided by law for early voting and on 441
election day during the times when the polls will be open. 442
( ) I am incarcerated in prison or jail in the county where 443
I am registered to vote and have not been convicted of a 444
disenfranchising crime. 445
I hereby make application for an official ballot, or ballots, 446
to be voted by me at the election to be held in _____, on _____. 447
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Notify me of a problem with my 'Absent Elector's Ballot' at 448
the following: 449
Phone number: _____________________________ 450
Email address: ____________________________ 451
Mailing address: __________________________ 452
I realize that I can be fined up to Five Thousand Dollars 453
($5,000.00) and sentenced up to five (5) years in the Penitentiary 454
for making a false statement in this application and for selling 455
my vote and violating the Mississippi Absentee Voter Law. (This 456
sentence is to be in bold print.)" 457
SECTION 10. Section 23-15-629, Mississippi Code of 1972, is 458
amended as follows: 459
23-15-629. (1) The application for an absentee ballot of a 460
person who is permanently or temporarily physically disabled shall 461
be accompanied by a statement signed by such person's physician, 462
or nurse practitioner * * *. The statement must show that the 463
person signing the statement is a licensed, practicing * * * 464
physician or nurse practitioner and must indicate that the person 465
applying for the absentee ballot is permanently or temporarily 466
physically disabled to such a degree that it is difficult for him 467
or her to vote in person. 468
(2) An application accompanied by the statement provided for 469
in subsection (1) of this section shall entitle such permanently 470
physically disabled person to automatically receive an absentee 471
ballot for all elections on a continuing basis without the 472
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necessity for reapplication. The application accompanied by the 473
statement provided in subsection (1) of this section entitles the 474
temporarily physically disabled person to receive an absentee 475
ballot by mail for that election and a later corresponding runoff 476
election. 477
(3) The registrar of each county shall keep an accurate list 478
of the names and addresses of all persons whose applications for 479
absentee ballot are accompanied by the statement set forth in 480
subsection (1) of this section. Sixty (60) days before each 481
election, the registrar shall deliver such list to the election 482
commissioners who shall examine the list and delete from it the 483
names of all persons listed who are no longer qualified electors 484
of the county. Upon completion of such examination, the election 485
commissioners shall return the list to the registrar by no later 486
than forty-five (45) days before the election. 487
(4) The registrar shall mail a ballot to all persons who are 488
determined by the election commissioners to be qualified electors 489
pursuant to subsection (3) of this section by no later than forty 490
(40) days before the election. 491
SECTION 11. Section 23-15-631, Mississippi Code of 1972, is 492
amended as follows: 493
23-15-631. (1) The registrar shall enclose with each ballot 494
mailed to an absent elector separate printed instructions 495
furnished by the registrar containing the following: 496
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(a) * * * Upon receipt of the enclosed ballot, you will 497
not mark the ballot except in view or sight of the attesting 498
witness. In the sight or view of the attesting witness, mark the 499
ballot according to instructions. 500
( * * *b) After marking the ballot, fill out and sign 501
the "ELECTOR'S CERTIFICATE" in the box on the back of the envelope 502
so that the signature is across the flap of the envelope to ensure 503
the integrity of the ballot. All absent electors shall have the 504
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 505
box across the flap on the back of the envelope. A portion of the 506
elector's signature extending outside of the box shall not be 507
grounds for rejecting that elector's ballot. Place the necessary 508
postage on the envelope and deposit it in the post office or some 509
government receptacle provided for the deposit of mail so that the 510
absent elector's ballot will be postmarked on or before the date 511
of the election and received by the registrar no more than five 512
(5) business days after the election. The ballot may only be 513
transmitted by the United States Postal Service or other common 514
carriers, including, but not limited to, United Parcel Service or 515
FedEx Corporation. 516
Any notary public, United States postmaster, assistant United 517
States postmaster, United States postal supervisor, clerk in 518
charge of a contract postal station, or other officer having 519
authority to administer an oath or take an acknowledgment may be 520
an attesting witness; provided, however, that in the case of an 521
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absent elector who is temporarily or permanently physically 522
disabled, the attesting witness may be any person eighteen (18) 523
years of age or older and such person is not required to have the 524
authority to administer an oath. If a postmaster, assistant 525
postmaster, postal supervisor, or clerk in charge of a contract 526
postal station acts as an attesting witness, his or her signature 527
in a box on the elector's certificate must be authenticated by the 528
cancellation stamp of their respective post offices. If an 529
officer having authority to administer an oath or take an 530
acknowledgment acts as attesting witness, his or her signature in 531
a box on the elector's certificate, together with his or her title 532
and address, but no seal, shall be required. A portion of the 533
elector's signature extending outside of the box shall not be 534
grounds for rejecting that elector's ballot. * * * 535
( * * *c) When the application accompanies the ballot 536
it shall not be returned in the same envelope as the ballot but 537
shall be returned in a separate pre-addressed envelope provided by 538
the registrar. However, if time permits, the registrar shall 539
first send and receive a returned application from the absent 540
elector before mailing the absentee ballot. 541
( * * *d) A candidate for public office, or the spouse, 542
parent or child of a candidate for public office, may not be an 543
attesting witness for any absentee ballot upon which the 544
candidate's name appears, unless the voter is related within the 545
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first degree to the candidate or the spouse, parent or child of 546
the candidate. 547
( * * *e) Any voter casting an absentee ballot who 548
declares that he or she requires assistance to vote by reason of 549
blindness, temporary or permanent physical disability or inability 550
to read or write, shall be entitled to receive assistance in the 551
marking of his or her absentee ballot and in completing the 552
affidavit on the absentee ballot envelope. The voter may be given 553
assistance by anyone of the voter's choice other than a candidate 554
whose name appears on the absentee ballot being marked, the 555
spouse, parent or child of a candidate whose name appears on the 556
absentee ballot being marked or the voter's employer, an agent of 557
that employer or a union representative; however, a candidate 558
whose name is on the ballot or the spouse, parent or child of such 559
candidate may provide assistance upon request to any voter who is 560
related within the first degree. In order to ensure the integrity 561
of the ballot, any person who provides assistance to an absentee 562
voter shall be required to sign and complete the "Certificate of 563
Person Providing Voter Assistance" on the absentee ballot 564
envelope. 565
(2) The foregoing instructions required to be provided by 566
the registrar to the elector shall also constitute the substantive 567
law pertaining to the handling of absentee ballots by the elector 568
and registrar. 569
* * * 570
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SECTION 12. Section 23-15-635, Mississippi Code of 1972, is 571
amended as follows: 572
23-15-635. (1) The form of the elector's certificate, 573
attesting witness certification and certificate of the person 574
providing voter assistance on the back of the envelope used by 575
absentee voters who receive their ballot by mail and who are not 576
absent voters as defined in Section 23-15-673, shall be as 577
follows: 578
"ELECTOR'S CERTIFICATE 579
STATE OF __________ 580
COUNTY OF __________ 581
I, __________, under penalty of perjury do solemnly swear 582
that this envelope contains the ballot marked by me indicating my 583
choice of the candidates or propositions to be submitted at the 584
election to be held on the ___ day of __________, 2____, and I 585
hereby authorize the registrar to place this envelope in the 586
ballot box on my behalf, and I further authorize the resolution 587
board to open this envelope and place my ballot among the other 588
ballots cast before such ballots are counted, and record my name 589
on the poll list as if I were present in person and voted. 590
I further swear that I marked the enclosed ballot in secret. 591
Penalties for vote fraud are up to five (5) years in prison and a 592
fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. 593
Ann. Section 23-15-753.) Penalties for voter intimidation are up 594
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to one (1) year in jail and a fine of up to * * * Three Thousand 595
Dollars ($3,000.00). (Miss. Code. Ann. Section 97-13-37.) 596
____________________ 597
(Signature of voter) 598
CERTIFICATE OF ATTESTING WITNESS 599
Under penalty of perjury I affirm that the above named voter 600
personally appeared before me, on this the ___ day of __________, 601
2____, and is known by me to be the person named, and who, after 602
being duly sworn or having affirmed, subscribed the foregoing oath 603
or affirmation. That the voter exhibited to me his or her blank 604
ballot; that the ballot was not marked or voted before the voter 605
exhibited the ballot to me; that the voter was not solicited or 606
advised by me to vote for any candidate, question or issue, and 607
that the voter, after marking his or her ballot, placed it in the 608
envelope, closed and sealed the envelope in my presence, and 609
signed and swore or affirmed the above certificate. 610
_________________________ _________________________ 611
(Attesting witness) (Address) 612
_________________________ _________________________ 613
(Official title) (City and State) 614
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE 615
( * * * If the voter has received assistance in marking * * * 616
his or her absentee ballot, the person who provided assistance 617
shall complete the following form.) I, under penalty of perjury, 618
hereby certify that the above-named voter declared to me that he 619
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or she is blind, temporarily or permanently physically disabled, 620
or cannot read or write, and that the voter requested that I 621
assist the voter in marking the enclosed absentee ballot. I 622
hereby certify that the ballot preferences on the enclosed ballot 623
are those communicated by the voter to me, and that I have marked 624
the enclosed ballot in accordance with the voter's instructions. 625
Penalties for vote fraud are up to five (5) years in prison and a 626
fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. 627
Ann. Section 23-15-753.) Penalties for voter intimidation are up 628
to one (1) year in jail and a fine of up to * * * Three Thousand 629
Dollars ($3,000.00). (Miss. Code. Ann. Section 97-13-37.) 630
___________________________________________ 631
Signature of person providing assistance 632
___________________________________________ 633
Printed name of person providing assistance 634
___________________________________________ 635
Address of person providing assistance 636
___________________________________________ 637
Date and time assistance provided 638
___________________________________________ 639
Family relationship to voter (if any)" 640
(2) The envelope shall have printed on the flap on the back 641
of the envelope in bold print and in a distinguishing color, the 642
following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS 643
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ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE 644
BOXES ACROSS THE FLAP OF THIS ENVELOPE." 645
A portion of the elector's signature extending outside of the 646
box shall not be grounds for rejecting that elector's ballot. 647
SECTION 13. Section 23-15-637, Mississippi Code of 1972, is 648
amended as follows: 649
23-15-637. (1) (a) Absentee ballots and applications 650
received by mail, except for fax or electronically transmitted 651
ballots as otherwise provided by Section 23-15-699 for UOCAVA 652
ballots, or common carrier, such as United Parcel Service or FedEx 653
Corporation, must be postmarked on or before the date of the 654
election and received by the registrar no more than five (5) 655
business days after the election; any received after such time 656
shall be handled as provided in Section 23-15-647 and shall not be 657
counted. 658
(b) * * * At the close of business each day at the 659
office of the registrar, the ballot box used for mailed-in 660
absentee ballots shall be sealed and not unsealed until the 661
beginning of the next business day, and the seal number shall be 662
recorded with the number of ballots cast which shall be stored in 663
a secure location in the registrar's office. 664
(2) The registrar shall deposit all absentee ballots which 665
have been timely cast and received by mail in a secured and sealed 666
box in a designated location in the registrar's office upon 667
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receipt. The registrar shall not send any absentee ballots to the 668
precinct polling locations. 669
(3) The Secretary of State shall promulgate rules and 670
regulations necessary to ensure that when a qualified elector who 671
is qualified to vote absentee votes by absentee ballot * * * by 672
mail * * * that person's absentee vote is final and he or she may 673
not vote at the polling place on election day. Notwithstanding 674
any other provisions of law to the contrary, the Secretary of 675
State shall promulgate rules and regulations necessary to ensure 676
that absentee ballots received by mail shall remain in the 677
registrar's office for counting and not be taken to the precincts 678
on election day. 679
SECTION 14. Section 23-15-639, Mississippi Code of 1972, is 680
amended as follows: 681
23-15-639. (1) The examination and counting of all absentee 682
ballots shall be conducted as follows: 683
(a) At the opening of the regular balloting and at the 684
opening of the polls, the resolution board established under 685
Section 23-15-523 and trained in the process of canvassing 686
absentee ballots shall first take the envelopes containing the 687
absentee ballots of such electors from the secure location at the 688
registrar's office, and the name, address and precinct inscribed 689
on each envelope shall be announced by the resolution board. 690
(b) (i) For absentee ballots that were received by 691
mail, the signature on the application shall then be compared with 692
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the signature in the box on the back of the envelope. A portion 693
of the elector's signature extending outside of the box shall not 694
be grounds for rejecting that elector's ballot. If it corresponds 695
and the affidavit, if one is required, is sufficient and the 696
resolution board finds that the applicant is a registered and 697
qualified voter or otherwise qualified to vote, the envelope shall 698
then be opened and the ballot removed from the envelope, 699
without * * * unfolding the ballot, or * * * permitting the ballot 700
to be unfolded or examined. 701
(ii) For absentee ballots that were cast in person 702
in the registrar's office, the resolution board shall confirm that 703
the voter completed the application on the front of the envelope 704
and signed the elector's certificate in the box on the back of the 705
envelope. If it is signed and the resolution board finds that the 706
applicant is a registered and qualified voter or otherwise 707
qualified to vote, the envelope shall be opened and the absentee 708
ballot removed from the envelope, without its being unfolded, or 709
permitted to be unfolded or examined. 710
(c) Having observed and found the ballot to be regular 711
as far as can be observed from its official endorsement, the 712
resolution board shall deposit it in the ballot box with the other 713
ballots before counting any ballots and enter the voter's name in 714
the receipt book provided for that purpose. All absentee ballots 715
received prior to 7:00 p.m. the day before the election shall be 716
counted in the registrar's office by the resolution board when the 717
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polls close and then added to the votes cast in each precinct. 718
All absentee ballots received after 7:00 p.m. the day before the 719
election but not later than the fifth business day after the 720
election shall be processed by the resolution board. 721
(2) * * * The resolution board shall process the absentee 722
ballots using the procedure provided in subsection (1) of this 723
section. 724
SECTION 15. Section 23-15-641, Mississippi Code of 1972, is 725
amended as follows: 726
23-15-641. (1) For all absentee votes received by mail, 727
if * * * a required affidavit or the * * * certificate of the 728
officer before whom the affidavit is taken is * * * insufficient, 729
* * * the signatures do not correspond, * * * the applicant is 730
not a duly qualified elector in the precinct * * * or otherwise 731
qualified to vote, or that the ballot envelope is open or has been 732
opened and resealed, the previously cast vote by absentee ballot 733
shall not be allowed. Without opening the voter's envelope the 734
resolution board shall mark across its face "REJECTED", with the 735
reason therefor. 736
(2) For all absentee votes received by mail, if the ballot 737
envelope contains more than one (1) ballot of any kind, the ballot 738
shall not be counted but shall be marked "REJECTED", with the 739
reason therefor, and the registrar shall promptly notify the voter 740
of such rejection. The voter's envelopes and affidavits * * *, 741
when such vote is rejected, without disturbing the contents of the 742
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envelope, shall be retained and preserved in the same manner as 743
other ballots at the election. Such votes may be challenged in 744
the same manner and for the same reasons that any other vote cast 745
in such election may be challenged. 746
(3) * * * The ballots marked "REJECTED" shall be placed in a 747
separate envelope in the secure ballot transfer case and delivered 748
to the officials in charge of conducting the election at the 749
central tabulation point of the county. 750
( * * *4) All electors voting absentee shall be provided 751
with written information to inform the person how to ascertain 752
whether his or her ballot was counted and, if rejected, the reason 753
therefor. 754
( * * *5) A signature mismatch shall not be grounds for 755
rejecting an absentee ballot that was cast in the registrar's 756
office. A portion of the elector's signature extending outside of 757
the box shall not be grounds for rejecting that elector's ballot. 758
SECTION 16. Section 23-15-647, Mississippi Code of 1972, is 759
amended as follows: 760
23-15-647. The registrar shall keep safely and unopened all 761
official absentee ballots which are received by mail after the 762
applicable cutoff period * * *. Upon receipt of such ballot, the 763
registrar shall write the day and hour of the receipt of the 764
ballot on its envelope. All such absentee ballots * * * received 765
by the registrar after the cutoff time shall be safely kept 766
unopened by the registrar for the period of time required for the 767
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preservation of ballots used in the election, and shall then, 768
without being opened, be destroyed in like manner as the used 769
ballots of the election. 770
SECTION 17. Section 23-15-649, Mississippi Code of 1972, is 771
amended as follows: 772
23-15-649. For all elections, the election officials shall 773
prepare and print, as soon as the deadline for the qualification 774
of candidates has passed or forty-five (45) days before the 775
election, whichever is later, official ballots for each voting 776
precinct to be known as absentee voter ballots * * *. These 777
absentee ballots shall be prepared and printed in the same form 778
and shall be of the same size and texture as the regular official 779
ballot except that they shall be printed on tinted paper of a tint 780
different from that of the regular official ballot or with a 781
header of different tint. 782
SECTION 18. Section 23-15-657, Mississippi Code of 1972, is 783
amended as follows: 784
23-15-657. The registrar is authorized to accept requests 785
for absentee ballots by telephone. * * * The registrar shall 786
ascertain the name and complete address of the person making the 787
telephone request and the person for whom the request is being 788
made if different than the requestor and shall print upon the 789
absentee ballot application the name and complete address of the 790
requestor * * *, the relation of * * * that person to the voter if 791
requested by a person other than the voter, the name and complete 792
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address of the voter if requested by a person other than the voter 793
and the date * * * the request was made. * * * These requests 794
shall be processed through the Statewide Election Management 795
System. 796
SECTION 19. Section 23-15-713, Mississippi Code of 1972, is 797
amended as follows: 798
23-15-713. For the purpose of this subarticle, any duly 799
qualified elector may vote by an absentee ballot to be received 800
and returned via mail by the elector to the registrar of the 801
elector's county of residence as provided in this subarticle if 802
the elector falls within at least one (1) of the following 803
categories: 804
* * * 805
( * * *a) Any qualified elector who is required to be 806
away from his or her place of residence on any election day due to 807
his or her employment as an employee of a member of the 808
Mississippi congressional delegation and the spouse and dependents 809
of such person if he or she * * * resides with such absentee voter 810
away from the county of the spouse's voting residence. 811
* * * 812
( * * *b) Any person who has a temporary or permanent 813
physical disability and who, because of such disability, is unable 814
to vote in person without substantial hardship to himself, herself 815
or others, or whose attendance at the voting place could 816
reasonably cause danger to himself, herself or others. 817
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( * * *c) The parent, spouse or dependent of a person 818
with a temporary or permanent physical disability who is 819
hospitalized outside of his or her county of residence or more 820
than fifty (50) miles distant from his or her residence, if the 821
parent, spouse or dependent will be with such person during the 822
early voting period or on election day. 823
( * * *d) Any person who is sixty-five (65) years of 824
age or older. 825
( * * *e) Any member of the Mississippi congressional 826
delegation absent from Mississippi on election day, and the spouse 827
and dependents of such member of the congressional delegation. 828
( * * *f) Any qualified elector who * * * is 829
temporarily residing outside of his or her county of residence 830
during the early voting period or on election day during the times 831
when the polls will be open. 832
( * * *g) Any qualified elector who is incarcerated in 833
prison or jail in the county where he or she is registered to vote 834
and has not been convicted of a disenfranchising crime. 835
SECTION 20. Section 23-15-715, Mississippi Code of 1972, is 836
amended as follows: 837
23-15-715. Any elector described in Section 23-15-713 and 838
desiring an absentee ballot as provided in this subarticle may 839
secure same if * * * within forty-five (45) days before any 840
election day but not later than seven (7) days before the election 841
day, the elector applies for an absentee ballot as provided in the 842
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provisions of this act. * * * All applications, other than those 843
of persons having a temporary or permanent physical disability, 844
shall * * * be sworn to and subscribed before an official who is 845
authorized to administer oaths or other official authorized to 846
witness absentee balloting as provided in this article. The 847
application must be accompanied by a verifying affidavit as 848
required by this article. The applications of persons having a 849
temporary or permanent physical disability are not required to be 850
accompanied by an affidavit but shall be witnessed and signed by a 851
person eighteen (18) years of age or older. * * * Except when the 852
voter has requested a runoff ballot on the initial absentee ballot 853
application, upon request for a runoff ballot pursuant to Section 854
23-15-719, the registrar shall mail together the absentee ballot 855
application and the absentee ballot to the absent voter for the 856
runoff election. 857
SECTION 21. Section 23-15-719, Mississippi Code of 1972, is 858
amended as follows: 859
23-15-719. (1) Except where the registrar has already 860
mailed a ballot with an application, upon receipt of a properly 861
completed application form by an elector qualified to vote 862
absentee as provided in this article, the registrar shall mail the 863
absent voter an absentee ballot within one (1) business day, or as 864
soon as the absentee ballot is prepared and available, containing 865
the names of all the candidates and propositions, if any, to be 866
voted on in the election. The registrar shall include with the 867
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absentee ballot an official envelope that complies with the 868
provisions of * * * this article. 869
(2) When an absentee voter appears before the registrar to 870
vote, the registrar shall identify the applicant by requiring him 871
or her to present identification as required by Section 23-15-563, 872
and shall then deliver the ballot to the applicant in the 873
registrar's office. After the applicant has properly marked the 874
ballot and properly folded it, he or she shall deposit it in the 875
envelope furnished to him or her by the registrar. 876
After the absentee voter has sealed the envelope, he or she 877
shall ensure the absentee application on the front of the envelope 878
is complete and shall subscribe and swear to an affidavit. * * * 879
* * * 880
Ballots requested under Section 23-15-713(f) shall be mailed 881
to the voter's address outside of the county in which he or she is 882
registered. 883
SECTION 22. Section 23-15-735, Mississippi Code of 1972, is 884
amended as follows: 885
23-15-735. * * * Absentee ballots shall not be delivered in 886
person to an absentee voter or to any other person. 887
SECTION 23. Section 23-15-31, Mississippi Code of 1972, is 888
amended as follows: 889
23-15-31. All of the provisions of this subarticle shall be 890
applicable, insofar as possible, to municipal, primary, general 891
and special elections and early voting; and wherever therein any 892
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duty is imposed or any power or authority is conferred upon the 893
county registrar, county election commissioners or county 894
executive committee with reference to a state and county election 895
or early voting, * * * that duty shall likewise be conferred upon 896
the municipal registrar, municipal election commission or 897
municipal executive committee with reference to any municipal 898
election or early voting. 899
SECTION 24. Section 23-15-37, Mississippi Code of 1972, is 900
amended as follows: 901
23-15-37. (1) The registrar shall register the electors of 902
his or her county at any time during regular office hours. 903
(2) The county registrar may keep his or her office open to 904
register voters from 8:00 a.m. until 7:00 p.m., including the noon 905
hour, for the five (5) business days immediately preceding the 906
thirtieth day before any regularly scheduled primary or general 907
election. The county registrar shall also keep his or her office 908
open from 8:00 a.m. until 12:00 noon on the Saturday immediately 909
preceding the thirtieth day before any regularly scheduled primary 910
or general election, unless that Saturday falls on a legal 911
holiday, in which case registration applications submitted on the 912
Monday immediately following the legal holiday shall be accepted 913
and entered in the Statewide Elections Management System for the 914
purpose of enabling such voters to vote in the next primary or 915
general election. 916
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(3) The registrar, or any deputy registrar duly appointed by 917
law, may visit and spend such time as he or she may deem necessary 918
at any location in his or her county, selected by the registrar 919
not less than thirty (30) days before * * * any regularly 920
scheduled primary or general election, for the purpose of 921
registering voters. 922
(4) A person who is physically disabled and unable to visit 923
the office of the registrar to register to vote due to such 924
disability may contact the registrar and request that the 925
registrar or the registrar's deputy visit him or her for the 926
purpose of registering such person to vote. The registrar or the 927
registrar's deputy shall visit that person as soon as possible 928
after such request and provide the person with an application for 929
registration, if necessary. The completed application for 930
registration shall be executed in the presence of the registrar or 931
the registrar's deputy. 932
(5) (a) In the fall and spring of each year the registrar 933
of each county shall furnish all public schools with mail-in voter 934
registration applications. The applications shall be provided in 935
a reasonable time to enable those students who will be eighteen 936
(18) years of age before a general election to be able to vote in 937
the primary and general elections. 938
(b) Each public school district shall permit access to 939
all public schools of this state for the county registrar or the 940
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county registrar's deputy to register persons who are eligible to 941
vote and to provide voter education. 942
SECTION 25. Section 23-15-43, Mississippi Code of 1972, is 943
amended as follows: 944
23-15-43. In the event an applicant is not registered, there 945
shall be an automatic review by the county election commissioners 946
under the procedures provided in Sections 23-15-61 through 947
23-15-79. In addition to the meetings of the election 948
commissioners provided in those sections, the commissioners are 949
required to hold such additional meetings to determine all pending 950
cases of registration on review before the election * * * or early 951
voting period during which the applicant desires to vote. 952
It is not the purpose of this section to indicate the 953
decision that should be reached by the election commissioners in 954
certain cases but to define which applicants should receive 955
further examination by providing for an automatic review. 956
SECTION 26. Section 23-15-47, Mississippi Code of 1972, is 957
amended as follows: 958
23-15-47. (1) Any person who is qualified to register to 959
vote in the State of Mississippi may register to vote by mail-in 960
application in the manner prescribed in this section. 961
(2) The following procedure shall be used in the 962
registration of electors by mail: 963
(a) Any qualified elector may register to vote by 964
mailing or delivering a completed mail-in application to his or 965
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her county registrar at least thirty (30) days before any election 966
day; however, if the thirtieth day to register before an election 967
falls on a Sunday or legal holiday, the registration applications 968
submitted on the business day immediately following the Sunday or 969
legal holiday shall be accepted and entered into the Statewide 970
Elections Management System for the purpose of enabling voters to 971
vote in the next election. The postmark date of a mailed 972
application shall be the applicant's date of registration. 973
(b) Upon receipt of a mail-in application, the county 974
registrar shall stamp the application with the date of receipt, 975
and shall verify the application either by matching the 976
applicant's Mississippi driver's license number through the 977
Mississippi Department of Public Safety or by matching the 978
applicant's social security number through the American 979
Association of Motor Vehicle Administrators. Within fourteen (14) 980
days of receipt of a mail-in registration application, the county 981
registrar shall complete action on the application, including any 982
attempts to notify the applicant of the status of his or her 983
application. 984
(c) If the county registrar determines that the 985
applicant is qualified and his or her application is legible and 986
complete, the county registrar shall mail the applicant written 987
notification that the application has been approved, specifying 988
the county voting precinct, municipal voting precinct, if any, 989
polling place and supervisor district in which the person shall 990
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vote. This written notification of approval containing the 991
specified information shall be the voter's registration card. The 992
registration card shall be provided by the county registrar to the 993
applicant in accordance with Section 23-15-39. Upon entry of the 994
voter registration information into the Statewide Elections 995
Management System, the system shall assign a voter registration 996
number to the applicant. The assigned voter registration number 997
shall be clearly shown on the written notification of approval. 998
In mailing the written notification, the county registrar shall 999
note the following on the envelope: "DO NOT FORWARD". If any 1000
registration notification form is returned as undeliverable, the 1001
voter's registration shall be void. 1002
(d) A mail-in application shall be rejected for any of 1003
the following reasons: 1004
(i) An incomplete portion of the application makes 1005
it impossible for the registrar to determine the eligibility of 1006
the applicant to register; 1007
(ii) A portion of the application is illegible in 1008
the opinion of the county registrar and makes it impossible to 1009
determine the eligibility of the applicant to register; 1010
(iii) The county registrar is unable to determine, 1011
from the address and information stated on the application, the 1012
precinct in which the voter should be assigned or the supervisor 1013
district in which he or she is entitled to vote; 1014
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(iv) The applicant is not qualified to register to 1015
vote pursuant to Section 23-15-11; 1016
(v) The county registrar determines that the 1017
applicant is already registered as a qualified elector of the 1018
county; 1019
(vi) The county registrar is unable to verify the 1020
application pursuant to subsection (2)(b) of this section. 1021
(e) If the mail-in application of a person is subject 1022
to rejection for any of the reasons set forth in paragraph (d)(i) 1023
through (iii) of this subsection, and it appears to the county 1024
registrar that the defect or omission is of such a minor nature 1025
and that any necessary additional information may be supplied by 1026
the applicant over the telephone or by further correspondence, the 1027
county registrar may write or call the applicant at the telephone 1028
number or address, or both, provided on the application. If the 1029
county registrar is able to contact the applicant by mail or 1030
telephone, the county registrar shall attempt to ascertain the 1031
necessary information, and if this information is sufficient for 1032
the registrar to complete the application, the applicant shall be 1033
registered. If the necessary information cannot be obtained by 1034
mail or telephone, or is not sufficient to complete the 1035
application within fourteen (14) days of receipt, the county 1036
registrar shall give the applicant written notice of the rejection 1037
and provide the reason for the rejection. The county registrar 1038
shall further inform the applicant that he or she has a right to 1039
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attempt to register by appearing in person or by filing another 1040
mail-in application. 1041
(f) If a mail-in application is subject to rejection 1042
for the reason stated in paragraph (d)(v) of this subsection and 1043
the "present home address" portion of the application is different 1044
from the residence address for the applicant found in the 1045
Statewide Elections Management System, the mail-in application 1046
shall be deemed a written request to update the voter's 1047
registration pursuant to Section 23-15-13. The county registrar 1048
or the election commissioners shall update the voter's residence 1049
address in the Statewide Elections Management System and, if 1050
necessary, advise the voter of a change in the location of his or 1051
her county or municipal polling place by mailing the voter a new 1052
voter registration card. 1053
(3) The instructions and the application form for voter 1054
registration by mail shall be in a form established by rule duly 1055
adopted by the Secretary of State. 1056
(4) (a) The Secretary of State shall prepare and furnish 1057
without charge the necessary forms for application for voter 1058
registration by mail to each county registrar, municipal clerk, 1059
all public schools, each private school that requests such 1060
applications, and all public libraries. 1061
(b) The Secretary of State shall distribute without 1062
charge sufficient forms for application for voter registration by 1063
mail to the Commissioner of Public Safety, who shall distribute 1064
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the forms to each driver's license examining and renewal station 1065
in the state, and shall ensure that the forms are regularly 1066
available to the public at such stations. 1067
(c) Bulk quantities of forms for application for voter 1068
registration by mail shall be furnished by the Secretary of State 1069
to any person or organization. The Secretary of State shall 1070
charge a person or organization the actual cost he or she incurs 1071
in providing bulk quantities of forms for application for voter 1072
registration to such person or organization. 1073
(5) The originals of completed mail-in applications shall 1074
remain on file in the office of the county registrar with copies 1075
retained in the Statewide Elections Management System. 1076
(6) If the applicant indicates on the application that he or 1077
she resides within the city limits of a city or town in the county 1078
of registration, the county registrar shall enter the information 1079
into the Statewide Elections Management System. 1080
(7) If the applicant indicates on the application that he or 1081
she has previously registered to vote in another county of this 1082
state or another state, notice to the voter's previous county of 1083
registration in this state shall be provided through the Statewide 1084
Elections Management System. If the voter's previous place of 1085
registration was in another state, notice shall be provided to the 1086
voter's previous state of residence. 1087
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(8) Any person who attempts to register to vote by mail 1088
shall be subject to the penalties for false registration provided 1089
for in Section 23-15-17. 1090
SECTION 27. Section 23-15-65, Mississippi Code of 1972, is 1091
amended as follows: 1092
23-15-65. The board of election commissioners shall meet at 1093
the courthouse of its county on the second Monday in September 1094
preceding any general election or in a sufficient amount of time 1095
to hear appeals before the period for early voting begins, and 1096
shall remain in session from day to day, so long as business may 1097
require. Three (3) election commissioners shall constitute a 1098
quorum to do business; but the concurrence of at least three (3) 1099
election commissioners shall be necessary in all cases for the 1100
rendition of a decision. The election commissioners shall hear 1101
and determine all appeals from the decisions of the registrar of 1102
their county, allowing or refusing the applications of electors to 1103
be registered; and they shall correct illegal or improper 1104
registrations, and shall secure the elective franchise, as 1105
affected by registration, to those who may be illegally or 1106
improperly denied the same. 1107
SECTION 28. Section 23-15-127, Mississippi Code of 1972, is 1108
amended as follows: 1109
23-15-127. (1) It shall be the duty of the registrar of the 1110
county or municipality to prepare and furnish to the appropriate 1111
election commissioner pollbooks for each voting precinct in which 1112
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the election is to be conducted, or to the appropriate registrar 1113
pollbooks for each registrar's office in which early voting is to 1114
be conducted, in which shall be entered the name, residence, date 1115
of birth and date of registration of each person duly registered 1116
in * * * that voting precinct as now provided by law, and which 1117
pollbooks shall be known as "primary election pollbooks" and shall 1118
be used only in holding primary elections. 1119
(2) The election commissioners of the county or municipality 1120
shall revise the primary pollbooks at the time and in the manner 1121
and in accordance with the laws now fixed and in force for 1122
revising pollbooks now provided for under the law, except they 1123
shall not remove from the pollbook any person who is qualified to 1124
participate in primary elections * * *. However, upon the written 1125
request of the municipal election commission, the county election 1126
commissioners * * * shall revise the primary pollbooks of the 1127
municipality as provided in this subsection. 1128
(3) All laws applicable to the revision of pollbooks now in 1129
use shall be applicable to the revision of pollbooks for primary 1130
elections, and all rights of voters to be heard and to appeal to 1131
the executive committee of his or her party from the action of the 1132
election commissioners now provided by law shall be available to 1133
the voter in the revisions of the pollbooks for primary elections 1134
provided for in this section. 1135
SECTION 29. Section 23-15-153, Mississippi Code of 1972, is 1136
amended as follows: 1137
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23-15-153. (1) At least during the following times, the 1138
election commissioners shall meet at the office of the registrar 1139
or the office of the election commissioners to carefully revise 1140
the county voter roll as electronically maintained by the 1141
Statewide Elections Management System and remove from the roll the 1142
names of all voters who have requested to be purged from the voter 1143
roll, died, received an adjudication of non compos mentis, been 1144
convicted of a disenfranchising crime, failed to comply with the 1145
provisions of Section 23-15-152, or otherwise become disqualified 1146
as electors for any cause, and shall register the names of all 1147
persons who have duly applied to be registered but have been 1148
illegally denied registration: 1149
(a) On the Tuesday after the second Monday in January 1150
1987 and every following year; 1151
(b) On the first Tuesday in the month immediately * * * 1152
before the early voting period begins for the first primary 1153
election for members of Congress in the years when members of 1154
Congress are elected; 1155
(c) On the first Monday in the month immediately * * * 1156
before the early voting period begins for the first primary 1157
election for state, state district legislative, county and county 1158
district offices in the years in which those offices are elected; 1159
and 1160
(d) On the second Monday of September * * * before the 1161
early voting period begins for the general election or regular 1162
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special election day in years in which a general election is not 1163
conducted. 1164
Except for the names of those voters who are duly qualified 1165
to vote in the election, no name shall be permitted to remain in 1166
the Statewide Elections Management System; however, no name shall 1167
be purged from the Statewide Elections Management System based on 1168
a change in the residence of an elector except in accordance with 1169
procedures provided for by the National Voter Registration Act of 1170
1993 and as provided in Section 23-15-152. Except as otherwise 1171
provided by Section 23-15-573, no person shall vote at any 1172
election whose name is not in the county voter roll electronically 1173
maintained by the Statewide Elections Management System. 1174
(2) Except as provided in this section, and subject to the 1175
following annual limitations, the election commissioners shall be 1176
entitled to receive a per diem in the amount of One Hundred Ten 1177
Dollars ($110.00), to be paid from the county general fund, for 1178
every day or period of no less than five (5) hours accumulated 1179
over two (2) or more days actually employed in the performance of 1180
their duties in the conduct of an election or actually employed in 1181
the performance of their duties for the necessary time spent in 1182
the revision of the county voter roll as electronically maintained 1183
by the Statewide Elections Management System as required in 1184
subsection (1) of this section: 1185
(a) In counties having less than fifteen thousand 1186
(15,000) residents according to the latest federal decennial 1187
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census, not more than fifty (50) days per year, with no more than 1188
fifteen (15) additional days allowed for the conduct of each 1189
election in excess of one (1) occurring in any calendar year; 1190
(b) In counties having fifteen thousand (15,000) 1191
residents according to the latest federal decennial census but 1192
less than thirty thousand (30,000) residents according to the 1193
latest federal decennial census, not more than seventy-five (75) 1194
days per year, with no more than twenty-five (25) additional days 1195
allowed for the conduct of each election in excess of one (1) 1196
occurring in any calendar year; 1197
(c) In counties having thirty thousand (30,000) 1198
residents according to the latest federal decennial census but 1199
less than seventy thousand (70,000) residents according to the 1200
latest federal decennial census, not more than one hundred (100) 1201
days per year, with no more than thirty-five (35) additional days 1202
allowed for the conduct of each election in excess of one (l) 1203
occurring in any calendar year; 1204
(d) In counties having seventy thousand (70,000) 1205
residents according to the latest federal decennial census but 1206
less than ninety thousand (90,000) residents according to the 1207
latest federal decennial census, not more than one hundred 1208
twenty-five (125) days per year, with no more than forty-five (45) 1209
additional days allowed for the conduct of each election in excess 1210
of one (1) occurring in any calendar year; 1211
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(e) In counties having ninety thousand (90,000) 1212
residents according to the latest federal decennial census but 1213
less than one hundred seventy thousand (170,000) residents 1214
according to the latest federal decennial census, not more than 1215
one hundred fifty (150) days per year, with no more than 1216
fifty-five (55) additional days allowed for the conduct of each 1217
election in excess of one (1) occurring in any calendar year; 1218
(f) In counties having one hundred seventy thousand 1219
(170,000) residents according to the latest federal decennial 1220
census but less than two hundred thousand (200,000) residents 1221
according to the latest federal decennial census, not more than 1222
one hundred seventy-five (175) days per year, with no more than 1223
sixty-five (65) additional days allowed for the conduct of each 1224
election in excess of one (1) occurring in any calendar year; 1225
(g) In counties having two hundred thousand (200,000) 1226
residents according to the latest federal decennial census but 1227
less than two hundred twenty-five thousand (225,000) residents 1228
according to the latest federal decennial census, not more than 1229
one hundred ninety (190) days per year, with no more than 1230
seventy-five (75) additional days allowed for the conduct of each 1231
election in excess of one (l) occurring in any calendar year; 1232
(h) In counties having two hundred twenty-five thousand 1233
(225,000) residents according to the latest federal decennial 1234
census but less than two hundred fifty thousand (250,000) 1235
residents according to the latest federal decennial census, not 1236
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more than two hundred fifteen (215) days per year, with no more 1237
than eighty-five (85) additional days allowed for the conduct of 1238
each election in excess of one (1) occurring in any calendar year; 1239
(i) In counties having two hundred fifty thousand 1240
(250,000) residents according to the latest federal decennial 1241
census but less than two hundred seventy-five thousand (275,000) 1242
residents according to the latest federal decennial census, not 1243
more than two hundred thirty (230) days per year, with no more 1244
than ninety-five (95) additional days allowed for the conduct of 1245
each election in excess of one (1) occurring in any calendar year; 1246
(j) In counties having two hundred seventy-five 1247
thousand (275,000) residents according to the latest federal 1248
decennial census or more, not more than two hundred forty (240) 1249
days per year, with no more than one hundred five (105) additional 1250
days allowed for the conduct of each election in excess of one (l) 1251
occurring in any calendar year. 1252
(3) In addition to the number of days authorized in 1253
subsection (2) of this section, the board of supervisors of a 1254
county may authorize, in its discretion, the election 1255
commissioners to receive a per diem in the amount provided for in 1256
subsection (2) of this section, to be paid from the county general 1257
fund, for every day or period of no less than five (5) hours 1258
accumulated over two (2) or more days actually employed in the 1259
performance of their duties in the conduct of an election or 1260
actually employed in the performance of their duties for the 1261
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necessary time spent in the revision of the county voter roll as 1262
electronically maintained by the Statewide Elections Management 1263
System as required in subsection (1) of this section, not to 1264
exceed five (5) days. 1265
(4) (a) The election commissioners shall be entitled to 1266
receive a per diem in the amount of One Hundred Ten Dollars 1267
($110.00), to be paid from the county general fund, not to exceed 1268
ten (10) days for every day or period of no less than five (5) 1269
hours accumulated over two (2) or more days actually employed in 1270
the performance of their duties for the necessary time spent in 1271
the revision of the county voter roll as electronically maintained 1272
by the Statewide Elections Management System before any special 1273
election. For purposes of this paragraph, the regular special 1274
election day shall not be considered a special election. The 1275
annual limitations set forth in subsection (2) of this section 1276
shall not apply to this paragraph. 1277
(b) The election commissioners shall be entitled to 1278
receive a per diem in the amount of One Hundred Sixty-five Dollars 1279
($165.00), to be paid from the county general fund, for the 1280
performance of their duties on the day of any primary, runoff, 1281
general or special election; however, the board of supervisors 1282
may, in its discretion, pay the election commissioners an 1283
additional amount not to exceed Thirty-five Dollars ($35.00) per 1284
election. The annual limitations set forth in subsection (2) of 1285
this section shall apply to this paragraph. 1286
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(5) The election commissioners shall be entitled to receive 1287
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 1288
be paid from the county general fund, not to exceed fourteen (14) 1289
days for every day or period of no less than five (5) hours 1290
accumulated over two (2) or more days actually employed in the 1291
performance of their duties for the necessary time spent in the 1292
revision of the county voter roll as electronically maintained by 1293
the Statewide Elections Management System and in the conduct of a 1294
runoff election following either a general or special election. 1295
(6) The election commissioners shall be entitled to receive 1296
only one (1) per diem payment for those days when the election 1297
commissioners discharge more than one (1) duty or responsibility 1298
on the same day. 1299
(7) The election commissioners shall be entitled to receive 1300
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 1301
be paid from the county general fund, not to exceed five (5) days 1302
for every day or period of no less than five (5) hours accumulated 1303
over two (2) or more days for those days when the election 1304
commissioners shall be required to conduct an audit of an election 1305
as provided in Section 23-15-615. 1306
(8) In preparation for a municipal primary, runoff, general 1307
or special election, the county registrar shall generate and 1308
distribute the master voter roll and pollbooks from the Statewide 1309
Elections Management System for the municipality located within 1310
the county. The municipality shall pay the county registrar for 1311
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the actual cost of preparing and printing the municipal master 1312
voter roll pollbooks. A municipality may secure "read only" 1313
access to the Statewide Elections Management System and print its 1314
own pollbooks using this information. 1315
(9) County election commissioners who perform the duties of 1316
an executive committee with regard to the conduct of a primary 1317
election under a written agreement authorized by law to be entered 1318
into with an executive committee shall receive per diem as 1319
provided for in subsection (2) of this section. The days that 1320
county election commissioners are employed in the conduct of a 1321
primary election shall be treated the same as days county election 1322
commissioners are employed in the conduct of other elections. 1323
(10) In addition to any per diem authorized by this section, 1324
any election commissioner shall be entitled to the mileage 1325
reimbursement rate allowable to federal employees for the use of a 1326
privately owned vehicle while on official travel on election day. 1327
(11) Every election commissioner shall sign personally a 1328
certification setting forth the number of hours actually worked in 1329
the performance of the commissioner's official duties and for 1330
which the commissioner seeks compensation. The certification must 1331
be on a form as prescribed in this subsection. The commissioner's 1332
signature is, as a matter of law, made under the commissioner's 1333
oath of office and under penalties of perjury. 1334
The certification form shall be as follows: 1335
COUNTY ELECTION COMMISSIONER 1336
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PER DIEM CLAIM FORM 1337
NAME: ____________________________ COUNTY: _______________ 1338
ADDRESS: _________________________ DISTRICT: _____________ 1339
CITY: ______________ ZIP: ________ 1340
PURPOSE APPLICABLE ACTUAL PER DIEM 1341
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 1342
WORKED TIME TIME WORK SECTION WORKED EARNED 1343
________________________________________________________________ 1344
________________________________________________________________ 1345
________________________________________________________________ 1346
TOTAL NUMBER OF PER DIEM DAYS EARNED 1347
EXCLUDING ELECTION DAYS ________ 1348
PER DIEM RATE PER DAY EARNED X $110.00 1349
TOTAL NUMBER PER DIEM DAYS EARNED 1350
FOR ELECTION DAYS ________ 1351
PER DIEM RATE PER DAY EARNED X $165.00 1352
BOARD OF SUPERVISORS ELECTION DAY 1353
DISCRETIONARY ADDITION(S) 1354
TO PER DIEM RATE PER DAY EARNED X $35.00 1355
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 1356
I understand that I am signing this document under my oath as 1357
an election commissioner and under penalties of perjury. 1358
I understand that I am requesting payment from taxpayer funds 1359
and that I have an obligation to be specific and truthful as to 1360
the amount of hours worked and the compensation I am requesting. 1361
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Signed this the _____ day of ______________, ____. 1362
________________________ 1363
Commissioner's Signature 1364
When properly completed and signed, the certification must be 1365
filed with the clerk of the county board of supervisors before any 1366
payment may be made. The certification will be a public record 1367
available for inspection and reproduction immediately upon the 1368
oral or written request of any person. 1369
Any person may contest the accuracy of the certification in 1370
any respect by notifying the chair of the commission, any member 1371
of the board of supervisors or the clerk of the board of 1372
supervisors of the contest at any time before or after payment is 1373
made. If the contest is made before payment is made, no payment 1374
shall be made as to the contested certificate until the contest is 1375
finally disposed of. The person filing the contest shall be 1376
entitled to a full hearing, and the clerk of the board of 1377
supervisors shall issue subpoenas upon request of the contestor 1378
compelling the attendance of witnesses and production of documents 1379
and things. The contestor shall have the right to appeal de novo 1380
to the circuit court of the involved county, which appeal must be 1381
perfected within thirty (30) days from a final decision of the 1382
commission, the clerk of the board of supervisors or the board of 1383
supervisors, as the case may be. 1384
Any contestor who successfully contests any certification 1385
will be awarded all expenses incident to his or her contest, 1386
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together with reasonable attorney's fees, which will be awarded 1387
upon petition to the chancery court of the involved county upon 1388
final disposition of the contest before the election commission, 1389
board of supervisors, clerk of the board of supervisors, or, in 1390
case of an appeal, final disposition by the court. The 1391
commissioner against whom the contest is decided shall be liable 1392
for the payment of the expenses and attorney's fees, and the 1393
county shall be jointly and severally liable for same. 1394
(12) Any election commissioner who has not received a 1395
certificate issued by the Secretary of State pursuant to Section 1396
23-15-211 indicating that the election commissioner has received 1397
the required elections seminar instruction and that the election 1398
commissioner is fully qualified to conduct an election, shall not 1399
receive any compensation authorized by this section or Section 1400
23-15-239. 1401
SECTION 30. Section 23-15-171, Mississippi Code of 1972, is 1402
amended as follows: 1403
23-15-171. (1) Except as otherwise provided in Section 4 of 1404
this act, municipal primary elections shall be held on the first 1405
Tuesday in April preceding the general municipal election and, in 1406
the event a second primary shall be necessary, such second primary 1407
shall be held on the fourth Tuesday in April preceding such 1408
general municipal election. The candidate receiving a majority of 1409
the votes cast in the election shall be the party nominee. If no 1410
candidate shall receive a majority vote at the election, the two 1411
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(2) candidates receiving the highest number of votes shall have 1412
their names placed on the ballot for the second primary election. 1413
The candidate receiving the most votes cast in the second primary 1414
election shall be the party nominee. However, if no candidate 1415
shall receive a majority vote at the first primary, and there is a 1416
tie in the election of those receiving the next highest vote, 1417
those candidates receiving the next highest vote and the candidate 1418
receiving the highest vote shall have their names placed on the 1419
ballot for the second primary election, and whoever receives the 1420
most votes cast in the second primary election shall be the party 1421
nominee. At the primary election the municipal executive 1422
committee shall perform the same duties as are specified by law 1423
and performed by members of the county executive committee with 1424
regard to state and county primary elections. Each municipal 1425
executive committee shall have as many members as there are 1426
elective officers of the municipality, and the members of the 1427
municipal executive committee of each political party shall be 1428
elected in the primary elections held for the nomination of 1429
candidates for municipal offices. The provisions of this section 1430
shall govern all municipal primary elections as far as applicable, 1431
but the officers to prepare the ballots and the poll managers and 1432
other officials of the primary election shall be appointed by the 1433
municipal executive committee of the party holding the primary, 1434
and the returns of such election shall be made to such municipal 1435
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executive committee. Vacancies in the executive committee shall 1436
be filled by it. 1437
(2) Provided, however, that in municipalities operating 1438
under a special or private charter which fixes a time for holding 1439
elections, other than the time fixed by Chapter 491, Laws of 1950, 1440
the first primary election shall be held on the first Tuesday, two 1441
(2) months before the time for holding the general election, as 1442
fixed by the charter, and the second primary election, where 1443
necessary, shall be held three (3) weeks after the first primary 1444
election, unless the charter of any such municipality provides 1445
otherwise, in which event the provisions of the special or private 1446
charter shall prevail as to the time of holding such primary 1447
elections. 1448
(3) All primary elections in municipalities shall be held 1449
and conducted in the same manner as is provided by law for state 1450
and county primary elections. 1451
SECTION 31. Section 23-15-173, Mississippi Code of 1972, is 1452
amended as follows: 1453
23-15-173. (1) A general municipal election shall be held 1454
in each city, town or village on the first Tuesday after the first 1455
Monday of June 1985, and every four (4) years thereafter, for the 1456
election of all municipal officers elected by the people. Early 1457
voting for those general municipal elections shall be conducted as 1458
provided in Sections 1 through 7 of this act. 1459
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(2) All municipal general elections shall be held and 1460
conducted in the same manner as is provided by law for state and 1461
county general elections. 1462
(3) The provisions of Sections 23-15-171 and 23-15-173, 1463
which fix the times to hold primary and general elections, shall 1464
not apply to any municipality operating under a special or private 1465
charter where the governing board or authority thereof, on or 1466
before June 25, 1952, shall have adopted and spread upon its 1467
minutes a resolution or ordinance declining to accept the 1468
provisions, in which event the primary and general elections shall 1469
be held at the time fixed by the charter of the municipality. 1470
SECTION 32. Section 23-15-191, Mississippi Code of 1972, is 1471
amended as follows: 1472
23-15-191. The first primary shall be held on the first 1473
Tuesday after the first Monday of August preceding any regular or 1474
general election; and the second primary shall be held four (4) 1475
weeks thereafter. Early voting for the primary election shall be 1476
conducted as provided for in Sections 1 through 7 of this act. The 1477
candidate that receives a majority of the votes cast in the 1478
election shall be the party nominee. If no candidate receives a 1479
majority vote at the election, then the two (2) candidates who 1480
receive the highest number of votes shall have their names placed 1481
on the ballot for the second primary election to be held four (4) 1482
weeks later. The candidate who receives the most votes in the 1483
second primary election shall be the party nominee. However, if 1484
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no candidate receives a majority vote at the first primary, and 1485
there is a tie in the election of those receiving the next highest 1486
vote, then those candidates receiving the next highest vote and 1487
the candidate receiving the highest vote shall have their names 1488
placed on the ballot for the second primary election to be held 1489
four (4) weeks later, and whoever receives the most votes cast in 1490
the second primary election shall be the party nominee. 1491
SECTION 33. Section 23-15-195, Mississippi Code of 1972, is 1492
amended as follows: 1493
23-15-195. Except as otherwise provided in Sections 1 1494
through 7 of this act, all elections by the people shall be by 1495
ballot, and shall be concluded in one (1) day. 1496
SECTION 34. Section 23-15-197, Mississippi Code of 1972, is 1497
amended as follows: 1498
23-15-197. (1) Times for holding primary and general 1499
elections for congressional offices shall be as prescribed in 1500
Sections 23-15-1031, 23-15-1033 and 23-15-1041. 1501
(2) Times for holding elections for the office of judge of 1502
the Supreme Court shall be as prescribed in Section 23-15-991 and 1503
Sections 23-15-974 through 23-15-985, and times for holding 1504
elections for the office of judge of the Court of Appeals shall be 1505
as prescribed in Section 9-4-5. 1506
(3) Times for holding elections for the office of circuit 1507
court judge and the office of chancery court judge shall be as 1508
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prescribed in Sections 23-15-974 through 23-15-985, and Section 1509
23-15-1015. 1510
(4) Times for holding elections for the office of county 1511
election commissioners shall be as prescribed in Section 1512
23-15-213. 1513
(5) Times for holding elections for the office of levee 1514
commissioner shall be as prescribed in Chapter 12, Laws of 1928; 1515
Chapter 574, Laws of 1968; Chapter 85, Laws of 1930; Chapter 317, 1516
Laws of 1983; and Chapter 438, Laws of 2010. 1517
(6) Times for holding elections for the office of justice 1518
court judge shall be as prescribed in Section 23-15-193 and 1519
Sections 23-15-973 through 23-15-985. 1520
(7) Times for holding early voting shall be as prescribed in 1521
Sections 1 through 7 of this act. 1522
SECTION 35. Section 23-15-231, Mississippi Code of 1972, is 1523
amended as follows: 1524
23-15-231. Before every * * * early voting period begins, 1525
the election commissioners shall appoint three (3) persons for 1526
each voting precinct to be poll managers, one (1) of whom shall be 1527
designated by the election commissioners as election bailiff. For 1528
general and special elections, the poll managers shall not all be 1529
of the same political party if suitable persons of different 1530
political parties can be found in the district. If any person 1531
appointed shall fail to attend and serve, the poll managers 1532
present, if any, may designate someone to fill his or her place; 1533
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and if the election commissioners fail to make the appointments or 1534
in case of the failure of all those appointed to attend and serve, 1535
any three (3) qualified electors present when the polls should be 1536
opened may act as poll managers. Provided, however, any person 1537
appointed to be poll manager or act as poll manager shall be a 1538
qualified elector of the county in which the polling place is 1539
located. 1540
SECTION 36. Section 23-15-233, Mississippi Code of 1972, is 1541
amended as follows: 1542
23-15-233. The poll managers shall take care that the 1543
election * * * and the early voting are conducted fairly and 1544
agreeably to law, and they shall be judges of the qualifications 1545
of electors, and may examine, on oath, any person duly registered 1546
and offering to vote touching his or her qualifications as an 1547
elector, which oath any of the poll managers may administer. 1548
SECTION 37. Section 23-15-239, Mississippi Code of 1972, is 1549
amended as follows: 1550
23-15-239. (1) The executive committee of each county, in 1551
the case of a primary election, or the election commissioners of 1552
each county, in the case of all other elections, in conjunction 1553
with the circuit clerk, shall, in the years in which counties 1554
conduct an election, sponsor and conduct, not less than five (5) 1555
days before the early voting period for each election begins, not 1556
less than four (4) hours and not more than eight (8) hours of poll 1557
manager training to instruct poll managers as to their duties in 1558
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the proper administration of the election and the operation of the 1559
polling place. Any poll manager who completes the online training 1560
course provided by the Secretary of State shall only be required 1561
to complete two (2) hours of in-person poll manager training. No 1562
poll manager shall serve in any election unless he or she has 1563
received these instructions once during the twelve (12) months 1564
immediately preceding the date upon which the election is held; 1565
however, nothing in this section shall prevent the appointment of 1566
an alternate poll manager to fill a vacancy in case of an 1567
emergency. The county executive committee or the election 1568
commissioners, as appropriate, shall train a sufficient number of 1569
alternates to serve in the event a poll manager is unable to serve 1570
for any reason. 1571
(2) (a) If it is eligible under Section 23-15-266, the 1572
county executive committee may enter into a written agreement with 1573
the circuit clerk or the county election commission authorizing 1574
the circuit clerk or the county election commission to perform any 1575
of the duties required of the county executive committee pursuant 1576
to this section. Any agreement entered into pursuant to this 1577
subsection shall be signed by the chair of the county executive 1578
committee and the circuit clerk or the chair of the county 1579
election commission, as appropriate. The county executive 1580
committee shall notify the state executive committee and the 1581
Secretary of State of the existence of the agreement. 1582
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(b) If it is eligible under Section 23-15-266, the 1583
municipal executive committee may enter into a written agreement 1584
with the municipal clerk or the municipal election commission 1585
authorizing the municipal clerk or the municipal election 1586
commission to perform any of the duties required of the municipal 1587
executive committee pursuant to this section. Any agreement 1588
entered into pursuant to this subsection shall be signed by the 1589
chair of the municipal executive committee and the municipal clerk 1590
or the chair of the municipal election commission, as appropriate. 1591
The municipal executive committee shall notify the state executive 1592
committee and the Secretary of State of the existence of the 1593
agreement. 1594
(3) The board of supervisors and the municipal governing 1595
authority, in their discretion, may compensate poll managers who 1596
attend these training sessions. The compensation shall be at a 1597
rate of not less than the federal hourly minimum wage and not more 1598
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 1599
compensated for more than sixteen (16) hours of attendance at the 1600
training sessions regardless of the actual amount of time that 1601
they attended the training sessions. 1602
(4) The time and location of the training sessions required 1603
pursuant to this section shall be announced to the general public 1604
by posting a notice thereof at the courthouse and by delivering a 1605
copy of the notice to the office of a newspaper having general 1606
circulation in the county five (5) days before the date upon which 1607
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the training session is to be conducted. Persons who will serve 1608
as poll watchers for candidates and political parties, as well as 1609
members of the general public, shall be allowed to attend the 1610
sessions. 1611
(5) Subject to the following annual limitations, the 1612
election commissioners shall be entitled to receive a per diem in 1613
the amount of One Hundred Ten Dollars ($110.00), to be paid from 1614
the county general fund, for every day or period of no less than 1615
five (5) hours accumulated over two (2) or more days actually 1616
employed in the performance of their duties for the necessary time 1617
spent in conducting training sessions as required by this section: 1618
(a) In counties having less than fifteen thousand 1619
(15,000) residents according to the latest federal decennial 1620
census, not more than five (5) days per year; 1621
(b) In counties having fifteen thousand (15,000) 1622
residents according to the latest federal decennial census but 1623
less than thirty thousand (30,000) residents according to the 1624
latest federal decennial census, not more than eight (8) days per 1625
year; 1626
(c) In counties having thirty thousand (30,000) 1627
residents according to the latest federal decennial census but 1628
less than seventy thousand (70,000) residents according to the 1629
latest federal decennial census, not more than ten (10) days per 1630
year; 1631
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(d) In counties having seventy thousand (70,000) 1632
residents according to the latest federal decennial census but 1633
less than ninety thousand (90,000) residents according to the 1634
latest federal decennial census, not more than twelve (12) days 1635
per year; 1636
(e) In counties having ninety thousand (90,000) 1637
residents according to the latest federal decennial census but 1638
less than one hundred seventy thousand (170,000) residents 1639
according to the latest federal decennial census, not more than 1640
fifteen (15) days per year; 1641
(f) In counties having one hundred seventy thousand 1642
(170,000) residents according to the latest federal decennial 1643
census but less than two hundred thousand (200,000) residents 1644
according to the latest federal decennial census, not more than 1645
eighteen (18) days per year; 1646
(g) In counties having two hundred thousand (200,000) 1647
residents according to the latest federal decennial census but 1648
less than two hundred twenty-five thousand (225,000) residents 1649
according to the latest federal decennial census, not more than 1650
nineteen (19) days per year; 1651
(h) In counties having two hundred twenty-five thousand 1652
(225,000) residents or more according to the latest federal 1653
decennial census, not more than twenty-two (22) days per year. 1654
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(6) Election commissioners shall claim the per diem 1655
authorized in subsection (5) of this section in the manner 1656
provided for in Section 23-15-153(6). 1657
(7) (a) To provide poll manager training, the Secretary of 1658
State has developed a single, comprehensive poll manager training 1659
program to ensure uniform, secure elections throughout the state. 1660
The program includes online training on all state and federal 1661
election laws and procedures and voting machine opening and 1662
closing procedures. 1663
(b) County poll managers who individually access and 1664
complete the online training program, including all skills 1665
assessments, at least five (5) days before the early voting period 1666
for an election begins shall be defined as "certified poll 1667
managers," and entitled to a "Certificate of Completion." 1668
(c) At least one (1) certified poll manager shall be 1669
appointed by the county election officials to work in each polling 1670
place in the county during each general election. 1671
SECTION 38. Section 23-15-241, Mississippi Code of 1972, is 1672
amended as follows: 1673
23-15-241. The poll manager designated an election bailiff 1674
shall, in addition to his or her other duties, be present during 1675
the early voting period and on election day to keep the peace and 1676
to protect the voting place, and to prevent improper intrusion 1677
upon the voting place or interference with the election, and to 1678
arrest all persons creating any disturbance about the voting 1679
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place, and to enable all qualified electors who have not voted, 1680
and who desire to vote, to have unobstructed access to the polls 1681
for the purpose of voting when others are not voting. 1682
SECTION 39. Section 23-15-245, Mississippi Code of 1972, is 1683
amended as follows: 1684
23-15-245. It shall be the duty of the poll manager 1685
designated as bailiff to be present at the voting place, and to 1686
take such steps as will accomplish the purpose of his or her 1687
appointment, and the poll manager designated as bailiff shall have 1688
full power to do so and may summon to his or her aid all persons 1689
present at the voting place. A space thirty (30) feet in every 1690
direction from the polls, or the room in which the * * * voting is 1691
held, shall be kept open and clear of all persons except the 1692
election officials, individuals present to vote and credentialed 1693
poll watchers as defined by Section 23-15-577. The electors shall 1694
approach the polls from one (1) direction, line, door or passage, 1695
and depart in another as nearly opposite as convenient. 1696
SECTION 40. Section 23-15-247, Mississippi Code of 1972, is 1697
amended as follows: 1698
23-15-247. The election commissioners in each county shall 1699
procure, if not already provided, a sufficient number of ballot 1700
boxes, which shall be distributed by them to the voting precincts 1701
of the county before the time for opening the polls for early 1702
voting and on election day. The boxes shall be securely sealed 1703
from the opening of the polls * * * for early voting until the 1704
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polls close on election day; and the box shall be kept by one (1) 1705
of the managers, and the manager having the box shall carefully 1706
keep it, and neither open it himself or herself nor permit it to 1707
be opened, nor permit any person to have any access to it 1708
throughout the voting period during an election. The box shall 1709
not be removed from the polling building or place after the polls 1710
are opened until the polls close and the count is complete. After 1711
each election the ballot boxes shall be delivered to the clerk of 1712
the circuit court of the county for preservation; and he or she 1713
shall keep them for future use, and, when called for, deliver them 1714
to the election commissioners. 1715
SECTION 41. Section 23-15-251, Mississippi Code of 1972, is 1716
amended as follows: 1717
23-15-251. The election commissioners, in appointing the 1718
poll managers of an election, shall designate one (1) of the poll 1719
managers at each voting place to receive and distribute the 1720
official ballots, and shall deliver to him or her the proper 1721
number of ballots for his or her district not less than one (1) 1722
day before the early voting period begins and not less than one 1723
(1) day before election day; and the poll manager receiving the 1724
ballots from the election commissioners shall distribute the same 1725
to the electors of his or her district in the manner herein 1726
provided. It shall be the duty of the designated poll manager for 1727
service at a voting place other than the courthouse, to carry to 1728
that voting place, on the day before the early voting period 1729
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begins and on the day before election day, or before 6:00 a.m. on 1730
the morning the early voting period begins and on the morning of 1731
the election day, the ballot box, the pollbook, the blank tally 1732
sheets, the blank forms to be used in making returns, the other 1733
necessary stationery and supplies and the official printed ballots 1734
aforesaid, and all of the same used and unused shall be returned 1735
by the designated poll manager to the election commissioners on 1736
the day * * * after the election. 1737
SECTION 42. Section 23-15-255, Mississippi Code of 1972, is 1738
amended as follows: 1739
23-15-255. (1) The supervisor of each respective 1740
supervisors district shall provide at each election place a 1741
sufficient number of voting compartments, shelves and tables for 1742
the use of electors, which shall be so arranged that it will be 1743
impossible for a voter in one (1) compartment to see another voter 1744
who is preparing his or her ballot. The number of voting 1745
compartments and shelves or tables shall not be less than one (1) 1746
to every two hundred (200) electors in the voting precinct. 1747
(2) The poll managers of each precinct shall publicly post 1748
the following information at the precinct polling place * * * 1749
during any election: 1750
(a) A sample ballot that will be used at the election; 1751
(b) The hours during which the polling places will be 1752
open for early voting and on election day; 1753
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(c) Instructions on how to vote, including how to cast 1754
a vote and how to cast an affidavit ballot; 1755
(d) Instructions for persons who have registered to 1756
vote by mail and first time voters, if appropriate; 1757
(e) General information on voting rights, including 1758
information on the right of an individual to cast an affidavit 1759
ballot and instructions on how to contact the appropriate 1760
officials if these rights are alleged to have been violated; * * * 1761
(f) The consequences under federal and state laws 1762
regarding fraud and misrepresentation; 1763
(g) A list of voters in each polling place that have 1764
already cast an absentee ballot or voted during the early voting 1765
period; and 1766
(h) The acceptable forms of photo identification that 1767
may be presented in the polling place. 1768
SECTION 43. Section 23-15-263, Mississippi Code of 1972, is 1769
amended as follows: 1770
23-15-263. (1) Unless otherwise provided in this chapter, 1771
the county executive committee at primary elections shall perform 1772
all duties that relate to the qualification of candidates for 1773
primary elections, print ballots for the early voting period for 1774
primary elections and for primary * * * election day, appoint the 1775
primary election officers, resolve contests in regard to primary 1776
elections, and perform all other duties required by law to be 1777
performed by the county executive committee; however, each house 1778
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of the Legislature shall rule on the qualifications of the 1779
membership of its respective body in contests involving the 1780
qualifications of * * * its members. The executive committee 1781
shall be subject to all the penalties to which county election 1782
commissioners are subject, except that Section 23-15-217 shall not 1783
apply to members of the county executive committee who seek 1784
elective office. 1785
(2) A member of a county executive committee shall be 1786
automatically disqualified to serve on the county executive 1787
committee, and shall be considered to have resigned * * * from the 1788
county executive committee, upon his or her qualification as a 1789
candidate for any elective office. The provisions of this 1790
subsection shall not apply to a member of a county executive 1791
committee who qualifies as a candidate for a municipal elective 1792
office. 1793
(3) The primary election officers appointed by the executive 1794
committee of the party shall have the powers and perform the 1795
duties, where not otherwise provided, required of * * * those 1796
officers in a general election, and any * * * act or omission 1797
which by law is an offense when committed in or about or in 1798
respect to * * * the general elections, shall be an offense if 1799
committed in or about or in respect to a primary election; and the 1800
same shall be indictable and punishable in the same way as if the 1801
election was a general election for the election of state and 1802
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county officers, except as specially modified or otherwise 1803
provided in this chapter. 1804
SECTION 44. Section 23-15-265, Mississippi Code of 1972, is 1805
amended as follows: 1806
23-15-265. (1) The county executive committee of each 1807
county shall meet not less than two (2) weeks before the 1808
date * * * the period for early voting begins for any primary 1809
election and appoint the poll managers for same, all of whom may 1810
be members of the same political party. The number of poll 1811
managers appointed by the county executive committee shall be the 1812
same number as election commissioners are allowed to appoint 1813
pursuant to Sections 23-15-231 and 23-15-235. If the county 1814
executive committee fails to meet on the date named, supra, 1815
further notice shall be given of the time and place of meeting. 1816
(2) (a) If it is eligible under Section 23-15-266, the 1817
county executive committee may enter into a written agreement with 1818
the circuit clerk or the county election commission authorizing 1819
the circuit clerk or the county election commission to perform any 1820
of the duties required of the county executive committee pursuant 1821
to this section. Any agreement entered into pursuant to this 1822
subsection shall be signed by the chair of the county executive 1823
committee and the circuit clerk or the chair of the county 1824
election commission, as appropriate. The county executive 1825
committee shall notify the state executive committee and the 1826
Secretary of State of the existence of the agreement. 1827
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(b) If it is eligible under Section 23-15-266, the 1828
municipal executive committee may enter into a written agreement 1829
with the municipal clerk or the municipal election commission 1830
authorizing the municipal clerk or the municipal election 1831
commission to perform any of the duties required of the municipal 1832
executive committee pursuant to this section. Any agreement 1833
entered into pursuant to this subsection shall be signed by the 1834
chair of the municipal executive committee and the municipal clerk 1835
or the chair of the municipal election commission, as appropriate. 1836
The municipal executive committee shall notify the state executive 1837
committee and the Secretary of State of the existence of such 1838
agreement. 1839
SECTION 45. Section 23-15-267, Mississippi Code of 1972, is 1840
amended as follows: 1841
23-15-267. (1) The ballot boxes provided by the election 1842
commissioners in each county shall be used in primary elections, 1843
and the county executive committees shall distribute them to the 1844
voting precincts of the county before the time for opening the 1845
polls, in the same manner, as near as may be, as that provided for 1846
in general elections. 1847
(2) The boxes shall be securely sealed and locked beginning 1848
at the start of voting during the period for early voting and on 1849
election day until the end of voting on election day; and the box 1850
shall be kept by one (1) of the poll managers, and the poll 1851
manager having the box shall carefully keep it, and neither open 1852
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it himself or herself nor permit it to be done, nor permit any 1853
person to have any access to it throughout voting during the 1854
period for early voting and during election day. The box shall 1855
not be removed from the polling place after the polls are open 1856
until the polls close and the count is completed. 1857
(3) After each election, the ballot boxes shall be delivered 1858
to the clerk of the circuit court of the county for preservation; 1859
and he or she shall keep them for future use, and, when called 1860
for, deliver them to the election commissioners. 1861
(4) (a) If it is eligible under Section 23-15-266, the 1862
county executive committee may enter into a written agreement with 1863
the circuit clerk or the county election commission authorizing 1864
the circuit clerk or the county election commission to perform any 1865
of the duties required of the county executive committee pursuant 1866
to this section. Any agreement entered into pursuant to this 1867
subsection shall be signed by the chair of the county executive 1868
committee and the circuit clerk or the chair of the county 1869
election commission, as appropriate. The county executive 1870
committee shall notify the State Executive Committee and the 1871
Secretary of State of the existence of such agreement. 1872
(b) If it is eligible under Section 23-15-266, the 1873
municipal executive committee may enter into a written agreement 1874
with the municipal clerk or the municipal election commission 1875
authorizing the municipal clerk or the municipal election 1876
commission to perform any of the duties required of the municipal 1877
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executive committee pursuant to this section. Any agreement 1878
entered into pursuant to this subsection shall be signed by the 1879
chair of the municipal executive committee and the municipal clerk 1880
or the chair of the municipal election commission, as appropriate. 1881
The municipal executive committee shall notify the State Executive 1882
Committee and the Secretary of State of the existence of such 1883
agreement. 1884
(5) The person, or persons, whose duty it is to comply with 1885
the provisions of this section and who shall fail, or neglect, 1886
from any cause, to deliver the boxes or any of them as herein 1887
provided shall, upon conviction, be fined not less than Two 1888
Hundred Dollars ($200.00) and be imprisoned in the county jail of 1889
the residence of the person, or persons, who violates any of the 1890
provisions of this section, for a period of not less than thirty 1891
(30) days or more than six (6) months, and fined not more than 1892
Five Hundred Dollars ($500.00). 1893
SECTION 46. Section 23-15-309, Mississippi Code of 1972, is 1894
amended as follows: 1895
23-15-309. (1) Nominations for all municipal officers which 1896
are elective shall be made * * * during the days for conducting a 1897
primary election, or elections, to be held in the manner 1898
prescribed by law. All persons desiring to be candidates for the 1899
nomination in the primary elections shall first pay Ten Dollars 1900
($10.00) to the clerk of the municipality, at least sixty (60) 1901
days before date the early voting period begins for the first 1902
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primary election, no later than 5:00 p.m. on such deadline day. 1903
If the sixtieth day to file the fee and written statement before 1904
the date the early voting period begins for an election falls on a 1905
Sunday or legal holiday, the fees and written statements submitted 1906
on the business day immediately following the Sunday or legal 1907
holiday shall be accepted. 1908
(2) The fee paid pursuant to subsection (1) of this section 1909
shall be accompanied by a written statement containing the name 1910
and address of the candidate, the party with which he or she is 1911
affiliated, the email address of the candidate, if any, and the 1912
office for which he or she is a candidate. 1913
(3) The clerk shall promptly receipt the payment, stating 1914
the office for which the person making the payment is running and 1915
the political party with which such person is affiliated. The 1916
clerk shall keep an itemized account in detail showing the time 1917
and date of the receipt of such payment received by him or her, 1918
from whom such payment was received, the party with which such 1919
person is affiliated and for what office the person paying the fee 1920
is a candidate. No candidate may attempt to qualify with any 1921
political party that does not have a duly organized municipal 1922
executive committee, and the municipal clerk shall not accept any 1923
assessments made pursuant to subsection (1) if the municipal clerk 1924
does not have contact information for the secretary of the 1925
municipal executive committee for that political party. The clerk 1926
shall promptly supply all necessary information and pay over all 1927
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fees so received to the secretary of the proper municipal 1928
executive committee. The funds may be used and disbursed in the 1929
same manner as is allowed in Section 23-15-299 in regard to other 1930
executive committees. 1931
(4) Upon receipt of the above information, the proper 1932
municipal executive committee shall then determine, at the time of 1933
the qualifying deadline, whether each candidate is a qualified 1934
elector of the municipality, and of the ward if the office sought 1935
is a ward office, shall determine whether each candidate either 1936
meets all other qualifications to hold the office he or she is 1937
seeking or presents absolute proof that he or she will, subject to 1938
no contingencies, meet all qualifications on or before the date of 1939
the general or special election at which he or she could be 1940
elected to office. The executive committee shall determine 1941
whether the candidate has taken the steps necessary to qualify for 1942
more than one (1) office at the election. The committee also 1943
shall determine whether any candidate has been convicted of any 1944
felony in a court of this state, or has been convicted on or after 1945
December 8, 1992, of any offense in another state which is a 1946
felony under the laws of this state, or has been convicted of any 1947
felony in a federal court on or after December 8, 1992. Excepted 1948
from the above are convictions of manslaughter and violations of 1949
the United States Internal Revenue Code or any violations of the 1950
tax laws of this state unless such offense also involved misuse or 1951
abuse of his or her office or money coming into his or her hands 1952
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by virtue of the office. If the proper municipal executive 1953
committee finds that a candidate either (a) does not meet all 1954
qualifications to hold the office he or she seeks and fails to 1955
provide absolute proof, subject to no contingencies, that he or 1956
she will meet the qualifications on or before the date * * * the 1957
early voting period begins for the general or special election at 1958
which he or she could be elected, or (b) has been convicted of a 1959
felony as described in this subsection and not pardoned, then the 1960
executive committee shall notify the candidate and give the 1961
candidate an opportunity to be heard. The executive committee 1962
shall mail notice to the candidate at least three (3) business 1963
days before the hearing to the address provided by the candidate 1964
on the qualifying forms, and the committee shall attempt to 1965
contact the candidate by telephone, email and facsimile if the 1966
candidate provided this information on the forms. If the 1967
candidate fails to appear at the hearing or to prove he or she 1968
meets all qualifications to hold the office subject to no 1969
contingencies, then the name of such candidate shall not be placed 1970
upon the ballot. If the executive committee determines that the 1971
candidate has taken the steps necessary to qualify for more than 1972
one (1) office at the election, the action required by Section 1973
23-15-905, shall be taken. 1974
(5) Where there is but one (1) candidate, the proper 1975
municipal executive committee when the time has expired within 1976
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which the names of candidates shall be furnished shall declare 1977
such candidate the nominee. 1978
SECTION 47. Section 23-15-331, Mississippi Code of 1972, is 1979
amended as follows: 1980
23-15-331. It shall be the duty of the state executive 1981
committee of each political party to furnish to each county 1982
executive committee, not less than fifty (50) days * * * before 1983
the * * * period for early voting begins the names of all state 1984
and state district candidates and all candidates for legislative 1985
districts composed of more than one (1) county or parts of more 1986
than one (1) county who have qualified as provided by law, and in 1987
accordance with the requirements of Section 23-15-333 a sample of 1988
the official ballot to be used in the primary, the general form of 1989
which shall be followed as nearly as practicable. 1990
SECTION 48. Section 23-15-333, Mississippi Code of 1972, is 1991
amended as follows: 1992
23-15-333. (1) The county executive committee shall have 1993
printed all necessary ballots, for use in primary elections. The 1994
county executive committee shall have printed all necessary 1995
absentee ballots forty-five (45) days before the period for early 1996
voting begins for the election as required by law. The ballots 1997
shall contain the names of all the candidates to be voted for at 1998
the election, and there shall be left on each ballot one (1) blank 1999
space under the title of each office for which a nominee is to be 2000
elected; and in the event of the death of any candidate whose name 2001
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shall have been printed on the ballot, the name of the candidate 2002
duly substituted in the place of the deceased candidate may be 2003
written in such blank space by the voter. Except as otherwise 2004
provided in subsection (2) of this section, the order in which the 2005
titles to the various offices shall be printed, and the size, 2006
print and quality of the paper of the ballot is left to the 2007
discretion of the county executive committee. Provided, however, 2008
that in all cases the arrangement of the names of the candidates 2009
for each office shall be alphabetical. No ballot shall be used 2010
except those so printed. 2011
(2) The titles for the various offices shall be listed in 2012
the following order: 2013
(a) Candidates, electors or delegates for the following 2014
national offices: 2015
(i) President of the United States of America; 2016
(ii) United States Senator or United States 2017
Representative; 2018
(b) Candidates for the following statewide offices: 2019
Governor, Lieutenant Governor, Secretary of State, Attorney 2020
General, State Treasurer, Auditor of Public Accounts, Commissioner 2021
of Agriculture and Commerce, Commissioner of Insurance; 2022
(c) Candidates for the following state district 2023
offices: Mississippi Transportation Commissioner, Public Service 2024
Commissioner, District Attorney; 2025
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(d) Candidates for the following legislative offices: 2026
Senator and House of Representatives; 2027
(e) Candidates for countywide office; 2028
(f) Candidates for county district office. 2029
The order in which the titles for the various offices are 2030
listed within each of the categories listed in paragraphs (e) and 2031
(f) are left to the discretion of the county executive committee. 2032
Candidates' names shall be listed alphabetically under each office 2033
by the candidate's last name. 2034
(3) If after the deadline to qualify as a candidate for an 2035
office, only one (1) person has duly qualified to be a candidate 2036
for the office in the primary election, the name of that person 2037
shall be placed on the ballot; provided, however, that if not more 2038
than one (1) person has duly qualified to be a candidate for each 2039
office on the primary election ballot, the election for all 2040
offices on the ballot shall be dispensed with and the appropriate 2041
executive committee shall declare each candidate as the party 2042
nominee if the candidate meets all the qualifications to hold the 2043
office. 2044
(4) (a) If it is eligible under Section 23-15-266, the 2045
county executive committee may enter into a written agreement with 2046
the circuit clerk or the county election commission authorizing 2047
the circuit clerk or the county election commission to perform any 2048
of the duties required of the county executive committee pursuant 2049
to this section. Any agreement entered into pursuant to this 2050
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subsection shall be signed by the chair of the county executive 2051
committee and the circuit clerk or the chair of the county 2052
election commission, as appropriate. The county executive 2053
committee shall notify the state executive committee and the 2054
Secretary of State of the existence of such agreement. 2055
(b) If it is eligible under Section 23-15-266, the 2056
municipal executive committee may enter into a written agreement 2057
with the municipal clerk or the municipal election commission 2058
authorizing the municipal clerk or the municipal election 2059
commission to perform any of the duties required of the municipal 2060
executive committee pursuant to this section. Any agreement 2061
entered into pursuant to this subsection shall be signed by the 2062
chair of the municipal executive committee and the municipal clerk 2063
or the chair of the municipal election commission, as appropriate. 2064
The municipal executive committee shall notify the state executive 2065
committee and the Secretary of State of the existence of such 2066
agreement. 2067
SECTION 49. Section 23-15-335, Mississippi Code of 1972, is 2068
amended as follows: 2069
23-15-335. (1) The county executive committee shall 2070
designate a person whose duty it shall be to distribute all 2071
necessary ballots for use * * * during a primary election, and 2072
shall designate one (1) among the poll managers at each polling 2073
place to receive and receipt for the blank ballots to be used at 2074
that place. When the blank ballots are delivered to a local poll 2075
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manager, the distributor shall take from the local poll manager a 2076
receipt therefor signed in duplicate by both the distributor and 2077
the poll manager, one (1) of which receipts the distributor shall 2078
deliver to the circuit clerk and the other shall be retained by 2079
the local poll manager and the last mentioned duplicate receipt 2080
shall be enclosed in the ballot box with the voted ballots when 2081
the polls have been closed and the votes have been counted. The 2082
printer of the ballots shall take a receipt from the distributor 2083
of the ballots for the total number of the blank ballots delivered 2084
to the distributor. The printer shall secure all ballots printed 2085
by him or her in such a safe manner that no person can procure 2086
them or any of them, and he or she shall deliver no blank ballot 2087
or ballots to any person except the distributor above mentioned, 2088
and then only upon his or her receipt therefor as above specified. 2089
The distributor of the blank ballots shall so securely hold the 2090
same that no person can obtain any of them, and he or she shall 2091
not deliver any of them to any person other than to the authorized 2092
local poll managers and upon their respective receipts therefor. 2093
The executive committee shall see to it that the total blank 2094
ballots delivered to the distributor, shall correspond with the 2095
total of the receipts executed by the local poll managers. 2096
(2) (a) If it is eligible under Section 23-15-266, the 2097
county executive committee may enter into a written agreement with 2098
the circuit clerk or the county election commission authorizing 2099
the circuit clerk or the county election commission to perform any 2100
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of the duties required of the county executive committee pursuant 2101
to this section. Any agreement entered into pursuant to this 2102
subsection shall be signed by the chair of the county executive 2103
committee and the circuit clerk or the chair of the county 2104
election commission, as appropriate. The county executive 2105
committee shall notify the state executive committee and the 2106
Secretary of State of the existence of such agreement. 2107
(b) If it is eligible under Section 23-15-266, the 2108
municipal executive committee may enter into a written agreement 2109
with the municipal clerk or the municipal election commission 2110
authorizing the municipal clerk or the municipal election 2111
commission to perform any of the duties required of the municipal 2112
executive committee pursuant to this section. Any agreement 2113
entered into pursuant to this subsection shall be signed by the 2114
chair of the municipal executive committee and the municipal clerk 2115
or the chair of the municipal election commission, as appropriate. 2116
The municipal executive committee shall notify the state executive 2117
committee and the Secretary of State of the existence of such 2118
agreement. 2119
(3) Any person charged with any of the duties prescribed in 2120
this section who shall willfully or with culpable carelessness 2121
violate the same shall be guilty of a misdemeanor. 2122
SECTION 50. Section 23-15-353, Mississippi Code of 1972, is 2123
amended as follows: 2124
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23-15-353. The officer charged with printing and 2125
distributing the official ballot shall ascertain from the 2126
registrar, at least ten (10) days before the day * * * early 2127
voting for that election begins, the number of registered voters 2128
in each voting precinct; and he or she shall have printed and 2129
distributed a sufficient number of ballots for use in each 2130
precinct. 2131
SECTION 51. Section 23-15-357, Mississippi Code of 1972, is 2132
amended as follows: 2133
23-15-357. On the back and outside of the ballot shall be 2134
printed the words "OFFICIAL BALLOT," the name of the voting 2135
precinct or place for which the ballot is prepared, * * * the date 2136
of the election and the date of the period for early voting. 2137
SECTION 52. Section 23-15-359, Mississippi Code of 1972, is 2138
amended as follows: 2139
23-15-359. (1) Except as provided in this section, the 2140
ballot shall contain the names of all party nominees certified by 2141
the appropriate executive committee, and independent and special 2142
election candidates who have timely filed petitions containing the 2143
required signatures and assessments that must be paid pursuant to 2144
Section 23-15-297, if the candidates and nominees meet all of the 2145
qualifications to hold the office sought. A petition requesting 2146
that an independent or special election candidate's name be placed 2147
on the ballot for any office shall be filed as provided for in 2148
subsection (3) or (4) of this section, as appropriate, and shall 2149
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be signed by not less than the following number of qualified 2150
electors: 2151
(a) For an office elected by the state at large, not 2152
less than one thousand (1,000) qualified electors. 2153
(b) For an office elected by the qualified electors of 2154
a Supreme Court district, not less than three hundred (300) 2155
qualified electors. 2156
(c) For an office elected by the qualified electors of 2157
a congressional district, not less than two hundred (200) 2158
qualified electors. 2159
(d) For an office elected by the qualified electors of 2160
a circuit or chancery court district, not less than one hundred 2161
(100) qualified electors. 2162
(e) For an office elected by the qualified electors of 2163
a senatorial or representative district, not less than fifty (50) 2164
qualified electors. 2165
(f) For an office elected by the qualified electors of 2166
a county, not less than fifty (50) qualified electors. 2167
(g) For an office elected by the qualified electors of 2168
a supervisors district, not less than fifteen (15) qualified 2169
electors. 2170
(h) For the Office of President of the United States, a 2171
party nominee or independent candidate shall pay an assessment in 2172
the amount of Two Thousand Five Hundred Dollars ($2,500.00). 2173
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(2) (a) Unless the petition or fee, whichever is 2174
applicable, required above shall be filed as provided for in 2175
subsection (3), (4) or (5) of this section, as appropriate, the 2176
name of the person requested to be a candidate, unless nominated 2177
by a political party, shall not be placed upon the ballot. The 2178
ballot shall contain the names of each candidate for each office, 2179
and the names shall be listed under the name of the political 2180
party that candidate represents as provided by law and as 2181
certified to the circuit clerk by the state executive committee of 2182
the political party. In the event the candidate qualifies as an 2183
independent as provided in this section, he or she shall be listed 2184
on the ballot as an independent candidate. 2185
(b) The name of an independent or special election 2186
candidate who dies before the printing of the ballots, shall not 2187
be placed on the ballots. 2188
(3) Petitions for offices described in paragraphs (a), (b), 2189
(c), (d) and (e) of subsection (1) of this section shall be filed 2190
with the Secretary of State, on a form prescribed by the Secretary 2191
of State, by no later than 5:00 p.m. on the same date or business 2192
day, as applicable, by which candidates are required to pay the 2193
fee provided for in Section 23-15-297; and, no petition may be 2194
filed before the date specified in Section 23-15-299. 2195
(4) Petitions for offices described in paragraphs (f) and 2196
(g) of subsection (1) of this section shall be filed with the 2197
proper circuit clerk, on a form prescribed by the Secretary of 2198
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State, by no later than 5:00 p.m. on the same date by which 2199
candidates are required to pay the fee provided for in Section 2200
23-15-297; however, no petition may be filed before January 1 of 2201
the year in which the election for the office is held. The 2202
circuit clerk shall notify the county election commissioners of 2203
all persons who have filed petitions with the clerk. The 2204
notification shall occur within two (2) business days and shall 2205
contain all necessary information. 2206
(5) A petition required under this section, or any other 2207
petition for a special election, shall be accompanied by a 2208
statement, on a form prescribed by the Secretary of State, 2209
containing the name and physical address of the candidate, the 2210
email address of the candidate, if any, and the office he or she 2211
seeks. Each statement shall also require the candidate to certify 2212
that he or she meets all the qualifications to hold the office he 2213
or she seeks. 2214
(6) The assessment for the office described in paragraph (h) 2215
of subsection (1) of this section shall be paid to the Secretary 2216
of State. The Secretary of State shall deposit any qualifying 2217
fees received from candidates into the Elections Support Fund 2218
established in Section 23-15-5. 2219
(7) The election commissioners may also have printed upon 2220
the ballot any local issue election matter that is authorized to 2221
be * * * voted on * * * during the period for voting for the 2222
regular or general election pursuant to Section 23-15-375; 2223
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however, the ballot form of the local issue must be filed with the 2224
election commissioners by the appropriate governing authority not 2225
less than sixty (60) days before the date * * * the early voting 2226
period begins for the election. 2227
(8) The provisions of this section shall not apply to 2228
municipal elections or to the election of the offices of justice 2229
of the Supreme Court, judge of the Court of Appeals, circuit 2230
judge, chancellor, county court judge, justice court judge and 2231
family court judge. 2232
(9) Nothing in this section shall prohibit special elections 2233
to fill vacancies in either house of the Legislature from being 2234
held as provided in Section 23-15-851. In all elections conducted 2235
under the provisions of Section 23-15-851, there shall be printed 2236
on the ballot the name of any candidate who, not having been 2237
nominated by a political party, shall have been requested to be a 2238
candidate for any office by a petition filed with the Secretary of 2239
State and signed by not less than fifty (50) qualified electors. 2240
(10) (a) The appropriate election commission shall 2241
determine the following: 2242
(i) Whether each candidate is a qualified elector 2243
of the state, state district, county or county district they seek 2244
to serve; and 2245
(ii) Whether each candidate meets all other 2246
qualifications to hold the office he or she is seeking or presents 2247
absolute proof that he or she will, subject to no contingencies, 2248
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meet all qualifications on or before the date * * * the early 2249
voting period begins for the general or special election at which 2250
he or she could be elected to office; and 2251
(iii) Whether the candidate has taken the steps 2252
necessary to qualify for more than one (1) office at the election; 2253
and 2254
(iv) Whether any candidate has been convicted of 2255
any of the following: 2256
1. Any felony in a court of this state, 2257
2. On or after December 8, 1992, any offense 2258
in another state which is a felony under the laws of this state, 2259
3. Any felony in a federal court on or after 2260
December 8, 1992, or 2261
4. Any offense that involved the misuse or 2262
abuse of his or her office or money coming into his or her hands 2263
by virtue of the office. Excepted from the above are convictions 2264
of manslaughter and violations of the United States Internal 2265
Revenue Code or any violations of the tax laws of this state; and 2266
(v) Whether the candidate has voted in any 2267
election outside of the jurisdiction in which he or she seeks to 2268
represent during the period in which the candidate is required to 2269
have resided within the jurisdiction. If a candidate is found to 2270
have voted in any election outside of the jurisdiction that he or 2271
she seeks to represent during the period in which the candidate is 2272
required to have resided within the jurisdiction, the name of such 2273
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candidate shall not appear on the ballot. However, if a candidate 2274
who votes in an election that he or she was properly registered 2275
for is then subsequently redistricted into the jurisdiction that 2276
he or she is currently seeking to represent, then he or she shall 2277
not be disqualified as a candidate due to voting in an election 2278
outside of his or her current jurisdiction during the required 2279
residency period. 2280
(b) If the appropriate election commission finds that a 2281
candidate either (i) is not a qualified elector, (ii) does not 2282
meet all qualifications to hold the office he or she seeks and 2283
fails to provide absolute proof, subject to no contingencies, that 2284
he or she will meet the qualifications on or before the date 2285
* * * the early voting period begins for the general or special 2286
election at which he or she could be elected, or (iii) has been 2287
convicted of a felony or other disqualifying offense as described 2288
in paragraph (a) of this subsection, and not pardoned, or (iv) has 2289
voted in any election outside of the jurisdiction he or she is 2290
currently seeking to represent during the period in which the 2291
candidate is required to have resided within the jurisdiction, and 2292
is not subject to a redistricting exception as stated in paragraph 2293
(a)(v) of this subsection, then the election commission shall 2294
notify the candidate and give the candidate an opportunity to be 2295
heard. The election commission shall mail notice to the candidate 2296
at least three (3) business days before the hearing to the address 2297
provided by the candidate on the qualifying forms, and the 2298
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committee shall attempt to contact the candidate by telephone, 2299
email and facsimile if the candidate provided this information on 2300
the forms. If the candidate fails to appear at the hearing or to 2301
prove that he or she meets all qualifications to hold the office 2302
subject to no contingencies, then the name of such candidate shall 2303
not be placed upon the ballot. If the appropriate election 2304
commission determines that the candidate has taken the steps 2305
necessary to qualify for more than one (1) office at the election, 2306
the action required by Section 23-15-905, shall be taken. The 2307
election commission shall render a decision on whether the name of 2308
the candidate shall appear on the ballot within five (5) days of 2309
the hearing. 2310
(c) (i) A candidate aggrieved by the decision of the 2311
appropriate election commission may file a petition for judicial 2312
review to the circuit court of the county in which the election 2313
commission whose decision is being reviewed sits. Such petition 2314
must be filed no later than ten (10) days after the decision of 2315
the election commission. Such candidate filing for judicial 2316
review shall give a cost bond in the sum of Three Hundred Dollars 2317
($300.00) with two (2) or more sufficient sureties conditioned to 2318
pay all costs in case his or her petition be dismissed, and an 2319
additional bond may be required, by the court, if necessary, at 2320
any subsequent stage of the proceedings. 2321
(ii) The circuit court with whom such a petition 2322
for judicial review has been filed shall at the earliest possible 2323
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date set the matter for hearing. Notice shall be given to the 2324
interested parties of the time set for hearing by the circuit 2325
clerk. The hearing before the circuit court shall be de novo. 2326
The matter shall be tried to the circuit judge, without a jury. 2327
After hearing the evidence, the circuit judge shall determine 2328
whether the candidate whose qualifications have been challenged is 2329
legally qualified to have his or her name placed upon the ballot 2330
in question. The circuit judge may, upon disqualification of any 2331
such candidate, order that such candidate shall bear the court 2332
costs of the proceedings. 2333
(iii) Within three (3) days after judgment is 2334
rendered by the circuit court, the contestant or contestee, or 2335
both, may file an appeal in the Supreme Court upon giving a cost 2336
bond in the sum of Three Hundred Dollars ($300.00), together with 2337
a bill of exceptions that states the point or points of law at 2338
issue with a sufficient synopsis of the facts to fully disclose 2339
the bearing and relevancy of such points of law. The bill of 2340
exceptions shall be signed by the trial judge, or in case of his 2341
or her absence, refusal or disability, by two (2) disinterested 2342
attorneys, as is provided by law in other cases of bills of 2343
exception. The filing of such appeals shall automatically suspend 2344
the decision of the circuit court and the appropriate election 2345
officials are entitled to proceed based upon their decision unless 2346
the Supreme Court, in its discretion, stays further proceedings in 2347
the matter. The appeal shall be immediately docketed in the 2348
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Supreme Court and referred to the court en banc upon briefs 2349
without oral argument unless the court shall call for oral 2350
argument, and shall be decided at the earliest possible date, as a 2351
preference case over all others. The Supreme Court shall have the 2352
authority to grant such relief as is appropriate under the 2353
circumstances. 2354
(iv) The procedure set forth above shall be the 2355
sole and only manner in which a candidate may appeal the 2356
appropriate election commission's decision to not place the 2357
candidate's name on the ballot under this section. These 2358
provisions do not interfere with the rights of other persons to 2359
challenge the decision of the appropriate election commission to 2360
place the name of the candidate on the ballot in accordance with 2361
Section 23-15-963. After any person assumes an elective office, 2362
his or her qualifications to hold that office may be contested as 2363
otherwise provided by law. 2364
(11) If after the deadline to qualify as a candidate for an 2365
office or after the time for holding any party primary for an 2366
office, only one (1) person has duly qualified to be a candidate 2367
for the office in the general election, the name of that person 2368
shall be placed on the ballot; provided, however, that if not more 2369
than one (1) person duly qualified to be a candidate for each 2370
office on the general election ballot, the election for all 2371
offices on the ballot shall be dispensed with and the appropriate 2372
election commission shall declare each candidate elected without 2373
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opposition if the candidate meets all the qualifications to hold 2374
the office as determined pursuant to a review by the election 2375
commission in accordance with the provisions of subsection (9) of 2376
this section and if the candidate has filed all required campaign 2377
finance disclosure reports as required by Section 23-15-807. 2378
(12) The documents required by this section may not be filed 2379
by using the Internet. 2380
SECTION 53. Section 23-15-363, Mississippi Code of 1972, is 2381
amended as follows: 2382
23-15-363. After the proper officer has knowledge of or has 2383
been notified of the nomination, as provided, of any candidate for 2384
office, the officer shall not omit his or her name from the 2385
ballot, unless upon the written request of the candidate 2386
nominated, made at least ten (10) days before the early voting 2387
period for the election begins, and in no case after * * * the 2388
ballot has been printed; and every ballot shall contain the names 2389
of all candidates nominated as specified, and not duly withdrawn. 2390
SECTION 54. Section 23-15-367, Mississippi Code of 1972, is 2391
amended as follows: 2392
23-15-367. (1) Except as otherwise provided by Sections 2393
23-15-974 through 23-15-985 and subsection (2) of this section, 2394
the size, print and quality of paper of the official ballot is 2395
left to the discretion of the officer charged with printing the 2396
official ballot. 2397
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(2) The titles for the various offices shall be listed in 2398
the following order: 2399
(a) Candidates, electors or delegates for the following 2400
national offices: 2401
(i) President; 2402
(ii) United States Senator or United States 2403
Representative; 2404
(b) Candidates for the following statewide office: 2405
Governor, Lieutenant Governor, Secretary of State, Attorney 2406
General, State Treasurer, Auditor of Public Accounts, Commissioner 2407
of Agriculture and Commerce, Commissioner of Insurance; 2408
(c) Candidates for the following state district 2409
offices: Mississippi Transportation Commissioner, Public Service 2410
Commissioner, District Attorney; 2411
(d) Candidates for the following legislative offices: 2412
Senate and House of Representatives; 2413
(e) Candidates for countywide office; 2414
(f) Candidates for county district office. 2415
The order in which the titles for the various offices are 2416
listed within paragraphs (e) and (f) is left to the discretion of 2417
the county election commissioners. Nominees of the political 2418
parties, qualified to conduct primary elections as defined in 2419
Section 23-15-291, shall be listed first alphabetically by the 2420
candidate's last name, followed by any other candidates listed 2421
alphabetically by last name. 2422
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(3) It is the duty of the Secretary of State, with the 2423
approval of the Governor, to furnish the designated election 2424
commissioner of each county a sample of the official ballot, not 2425
less than fifty-five (55) days before the early voting period 2426
begins for the election, the general form of which shall be 2427
followed as nearly as practicable. 2428
SECTION 55. Section 7-3-39, Mississippi Code of 1972, is 2429
amended as follows: 2430
7-3-39. The Secretary of State shall have published in full 2431
each constitutional amendment two (2) weeks * * * before the 2432
period for early voting for the election begins, if early voting 2433
is authorized for that election, at which the qualified electors 2434
shall vote on * * * the amendments, in each county in each 2435
newspaper having a general circulation in the county, as defined 2436
in Section 13-3-31; or * * * the Secretary of State shall have 2437
each amendment posted in three (3) public places in the county if 2438
all * * * the newspapers in the county refuse to publish same at 2439
the price provided in Section 7-3-41. 2440
SECTION 56. Section 23-15-511, Mississippi Code of 1972, is 2441
amended as follows: 2442
23-15-511. The ballots shall, as far as practicable, be in 2443
the same order of arrangement as provided for paper ballots that 2444
are to be counted manually, except that the information may be 2445
printed in vertical or horizontal rows. Nothing in this chapter 2446
shall be construed as prohibiting the information being presented 2447
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to the voters from being printed on both sides of a single ballot. 2448
In those years when a special election shall occur * * * during 2449
the same voting period as the general election, the names of 2450
candidates in any special election and the general election shall 2451
be placed on the same ballot by the election commissioners or 2452
officials in charge of the election, but the general election 2453
candidates shall be clearly distinguished from the special 2454
election candidates. At any time a special election is * * * 2455
during the same voting period as a party primary election, the 2456
names of the candidates in the special election may be placed on 2457
the same ballot by the officials in charge of the election, but 2458
shall be clearly distinguished as special election candidates or 2459
primary election candidates. 2460
Ballots shall be printed in plain clear type in black ink and 2461
upon clear white materials of such size and arrangement as to be 2462
compatible with the OMR equipment. Absentee ballots shall be 2463
prepared and printed in the same form and shall be on the same 2464
size and texture as the regular official ballots, except that they 2465
shall be printed on tinted paper; or the ink used to print the 2466
ballots shall be of a color different from that of the ink used to 2467
print the regular official ballots. Arrows may be printed on the 2468
ballot to indicate the place to mark the ballot, which may be to 2469
the right or left of the names of candidates and propositions. 2470
The titles of offices may be arranged in vertical columns on the 2471
ballot and shall be printed above or at the side of the names of 2472
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candidates so as to indicate clearly the candidates for each 2473
office and the number to be elected. In case there are more 2474
candidates for an office than can be printed in one (1) column, 2475
the ballot shall be clearly marked that the list of candidates is 2476
continued on the following column. The names of candidates for 2477
each office shall be printed in vertical columns, grouped by the 2478
offices that they seek. In partisan elections, the party 2479
designation of each candidate, which may be abbreviated, shall be 2480
printed following his or her name. 2481
One (1) sample ballot, which shall be a facsimile of the 2482
official ballot and instructions to the voters, shall be provided 2483
for each precinct and shall be posted in each polling place during 2484
early voting and on election day. 2485
A separate ballot security envelope or suitable equivalent in 2486
which the voter can place his or her ballot after voting, shall be 2487
provided to conceal the choices the voter has made. Absentee 2488
voters will receive a similar ballot security envelope provided by 2489
the county in which the absentee voter will insert their voted 2490
ballot, which then can be inserted into a return envelope to be 2491
mailed back to the election official. Absentee ballots will not 2492
be required to be folded when a ballot security envelope is 2493
provided. 2494
SECTION 57. Section 23-15-515, Mississippi Code of 1972, is 2495
amended as follows: 2496
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23-15-515. The circuit clerk shall be the custodian of OMR 2497
equipment acquired by the county, who shall be charged with the 2498
proper storage, maintenance and repair of the OMR equipment. The 2499
municipal clerk shall be the custodian of the OMR equipment 2500
acquired by the municipality, and shall be charged with the proper 2501
storage, maintenance and repair of the OMR equipment. The 2502
custodian or the officials in charge of the election shall repair 2503
or replace any OMR equipment which fails to function properly 2504
during the early voting period or on election day. 2505
SECTION 58. Section 23-15-545, Mississippi Code of 1972, is 2506
amended as follows: 2507
23-15-545. At each election, at least one (1) poll manager 2508
shall be charged with writing in the pollbook the word "VOTED," in 2509
the column having at its head the date of the early voting period 2510
or the date of the election, opposite the name of each elector 2511
upon return of a marked paper ballot by the elector with the 2512
initials of the initialing poll manager or alternate initialing 2513
poll manager affixed thereon. When a DRE unit is used in the 2514
polling place, the word "VOTED" shall be marked by at least one 2515
(1) poll manager in the pollbook in the column having at its head 2516
the date of the election, opposite the name of the elector. 2517
SECTION 59. Section 23-15-573, Mississippi Code of 1972, is 2518
amended as follows: 2519
23-15-573. (1) If any person declares that he or she is a 2520
registered voter in the jurisdiction in which he or she offers to 2521
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vote and that he or she is eligible to vote during the early 2522
voting period or in the election, but his or her name does not 2523
appear upon the pollbooks, or that he or she is not able to cast a 2524
regular early voting day or election day ballot under a provision 2525
of state or federal law but is otherwise qualified to vote, or 2526
that he or she has been illegally denied registration, or that he 2527
or she is unable to present an acceptable form of photo 2528
identification: 2529
(a) A poll manager shall notify the person that he or 2530
she may cast an affidavit ballot * * * during the election. 2531
(b) The person shall be permitted to cast an affidavit 2532
ballot at the polling place upon execution of a written affidavit 2533
before one (1) of the poll managers stating that the individual: 2534
(i) Believes he or she is a registered voter in 2535
the jurisdiction in which he or she desires to vote and is 2536
eligible to vote * * * during the election; or 2537
(ii) Is not able to cast a regular early voting 2538
day or election day ballot under a provision of state or federal 2539
law but is otherwise qualified to vote; or 2540
(iii) Believes that he or she has been illegally 2541
denied registration; or 2542
(iv) Is unable to present an acceptable form of 2543
photo identification. 2544
(c) The poll manager shall allow the individual to mark 2545
a paper ballot properly endorsed by the initialing poll manager or 2546
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alternate initialing poll manager in accordance with Section 2547
23-15-541, which shall be delivered by him or her to the proper 2548
election official who shall enclose it in an affidavit ballot 2549
envelope, with the written and signed affidavit of the voter 2550
affixed to the envelope, seal the envelope and mark plainly upon 2551
it the name of the person offering to vote. 2552
(2) The affidavit ballot envelope shall include: 2553
(a) The complete name of the voter; 2554
(b) A present and previous physical and mailing address 2555
of the voter; 2556
(c) Telephone numbers where the voter may be contacted; 2557
(d) A statement that the affiant believes he or she is 2558
registered to vote in the jurisdiction in which he or she offers 2559
to vote; 2560
(e) The signature of the affiant; and 2561
(f) The signature of the poll manager at the polling 2562
place at which the affiant offers to vote. 2563
(3) (a) A separate receipt book shall be maintained for 2564
affidavit voters and the affidavit voters shall sign the receipt 2565
book upon completing the affidavit ballot. 2566
(b) If the affidavit voter is casting an affidavit 2567
ballot because the voter is unable to present an acceptable form 2568
of photo identification and the voter's name appears in the 2569
pollbook, then the poll manager shall write "NO ID" across from 2570
the voter's name and in the appropriate column in the pollbook. 2571
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(c) In canvassing the returns of the election, the 2572
executive committee in primary elections, or the election 2573
commissioners in other elections, shall examine the records and 2574
allow the ballot to be counted, or not counted as it appears 2575
legal. 2576
(d) An affidavit ballot of a voter who was unable to 2577
present an acceptable form of photo identification shall not be 2578
rejected for this reason if the voter does either of the 2579
following: 2580
(i) Returns to the circuit clerk's office, or to 2581
the municipal clerk's office for municipal elections, within five 2582
(5) business days after the date * * * the person voted during the 2583
election and presents an acceptable form of photo identification; 2584
(ii) Returns to the circuit clerk's office within 2585
five (5) business days after the date of the election to obtain 2586
the Mississippi Voter Identification Card, or in municipal 2587
election, returns to the municipal clerk's office within five (5) 2588
business days after the date * * * the person voted during the 2589
election to present his or her Mississippi Voter Identification 2590
Card or Temporary Mississippi Voter Identification Card; or 2591
(iii) Returns to the circuit clerk's office, or to 2592
the municipal clerk's office for municipal elections, within five 2593
(5) business days after the date * * * the person voted during the 2594
election to execute a separate Affidavit of Religious Objection. 2595
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(4) When a person is offered the opportunity to vote by 2596
affidavit ballot, he or she shall be provided with written 2597
information that informs the person how to ascertain whether his 2598
or her affidavit ballot was counted and, if the vote was not 2599
counted, the reasons the vote was not counted. 2600
(5) The officials in charge of the election shall process 2601
all affidavit ballots by using the Statewide Elections Management 2602
System. The officials in charge of the election shall account for 2603
all affidavit ballots cast in each election, categorizing the 2604
affidavit ballots cast by reason and recording the total number of 2605
affidavit ballots counted and not counted in each such category in 2606
the Statewide Elections Management System. 2607
(6) The Secretary of State shall, by rule duly adopted, 2608
establish a uniform affidavit ballot envelope that shall be used 2609
in all elections in this state. The Secretary of State shall 2610
print and distribute a sufficient number of affidavit ballot 2611
envelopes to the registrar of each county for use in elections. 2612
The registrar shall distribute the affidavit ballot envelopes to 2613
municipal and county executive committees for use in primary 2614
elections and to municipal and county election commissioners for 2615
use in all other elections. 2616
(7) County registrars and municipal registrars shall 2617
maintain a secure free access system that complies with the Help 2618
America Vote Act of 2002, by which persons who vote by affidavit 2619
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ballot may determine if their ballots were counted, and if not, 2620
the reasons the ballot was not counted. 2621
(8) Any person who votes * * * during any election as a 2622
result of a federal or state court order or other order extending 2623
the time established by law for closing the polls on an election 2624
day, may only vote by affidavit ballot. Any affidavit ballot cast 2625
under this subsection shall be separated and kept apart from other 2626
affidavit ballots cast by voters not affected by the order. 2627
SECTION 60. Section 23-15-781, Mississippi Code of 1972, is 2628
amended as follows: 2629
23-15-781. The number of electors of President and Vice 2630
President of the United States to which this state may be 2631
entitled, shall be chosen by the qualified electors of the state 2632
at large, on the first Tuesday after the first Monday of November 2633
in the year in which an election of President and Vice President 2634
shall occur and during the early voting period. 2635
SECTION 61. Section 23-15-785, Mississippi Code of 1972, is 2636
amended as follows: 2637
23-15-785. (1) When presidential electors are to be chosen, 2638
the Secretary of State of Mississippi shall certify to the circuit 2639
clerks of the several counties the names of all candidates for 2640
President and Vice President who are nominated by any national 2641
convention or other like assembly of any political party or by 2642
written petition signed by at least one thousand (1,000) qualified 2643
voters of this state. 2644
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(2) The certificate of nomination by a political party 2645
convention must be signed by the presiding officer and secretary 2646
of the convention and by the * * * chair of the state executive 2647
committee of the political party making the nomination. Any 2648
nominating petition, to be valid, must contain the signatures as 2649
well as the addresses of the petitioners. The certificates and 2650
petitions must be filed with the State Board of Election 2651
Commissioners by filing them in the Office of the Secretary of 2652
State by 5:00 p.m. not less than seventy-five (75) days * * * 2653
before the day * * * early voting begins for the election. 2654
(3) Each certificate of nomination and nominating petition 2655
must be accompanied by a list of the names and addresses of 2656
persons, who shall be qualified voters of this state, equal in 2657
number to the number of presidential electors to be chosen. Each 2658
person so listed shall execute the following statement which shall 2659
be attached to the certificate or petition when it is filed with 2660
the State Board of Election Commissioners: "I do hereby consent 2661
and do hereby agree to serve as elector for President and Vice 2662
President of the United States, if elected to that position, and 2663
do hereby agree that, if so elected, I shall cast my ballot as 2664
such for ______ for President and _______ for Vice President of 2665
the United States" (inserting in * * * the blank spaces the 2666
respective names of the persons named as nominees for * * *the 2667
respective offices in the certificate to which this statement is 2668
attached). 2669
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(4) The State Board of Election Commissioners and any other 2670
official charged with the preparation of official ballots shall 2671
place on such official ballots the words "PRESIDENTIAL ELECTORS 2672
FOR (here insert the name of the candidate for President, the word 2673
'AND' and the name of the candidate for Vice President)" in lieu 2674
of placing the names of such presidential electors on the official 2675
ballots, and a vote cast therefor shall be counted and shall be in 2676
all respects effective as a vote for each of the presidential 2677
electors representing those candidates for President and Vice 2678
President of the United States. In the case of unpledged 2679
electors, the State Board of Election Commissioners and any other 2680
official charged with the preparation of official ballots shall 2681
place on such official ballots the words "UNPLEDGED ELECTOR(S) 2682
(here insert the name(s) of individual unpledged elector(s) if 2683
placed upon the ballot based upon a petition granted in the manner 2684
provided by law stating the individual name(s) of the elector(s) 2685
rather than a slate of electors)." 2686
SECTION 62. Section 23-15-807, Mississippi Code of 1972, is 2687
amended as follows: 2688
23-15-807. (a) Each candidate or political committee shall 2689
file reports of contributions and disbursements in accordance with 2690
the provisions of this section. All candidates or political 2691
committees required to report such contributions and disbursements 2692
may terminate the obligation to report only upon submitting a 2693
final report that contributions will no longer be received or 2694
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disbursements made and that the candidate or committee has no 2695
outstanding debts or obligations. The candidate, treasurer or 2696
chief executive officer shall sign the report. 2697
(b) Candidates seeking election, or nomination for election, 2698
and political committees making expenditures to influence or 2699
attempt to influence voters for or against the nomination for 2700
election of one or more candidates or balloted measures * * * 2701
during such election, shall file the following reports: 2702
(i) In any calendar year during which there is a 2703
regularly scheduled election, a pre-election report shall be filed 2704
no later than the seventh day before early voting begins for any 2705
election in which the candidate or political committee has 2706
accepted contributions or made expenditures and shall be completed 2707
as of the tenth day before early voting begins for the election; 2708
(ii) In 1987 and every fourth year thereafter, periodic 2709
reports shall be filed no later than the tenth day after April 30, 2710
May 31, June 30, September 30 and December 31, and shall be 2711
completed as of the last day of each period; 2712
(iii) In any calendar years except 1987 and except 2713
every fourth year thereafter, a report covering the calendar year 2714
shall be filed no later than January 31 of the following calendar 2715
year; and 2716
(iv) Except as otherwise provided in the requirements 2717
of paragraph (i) of this subsection (b), unopposed candidates are 2718
not required to file pre-election reports but must file all other 2719
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reports required by paragraphs (ii) and (iii) of this subsection 2720
(b). 2721
(c) All candidates for judicial office as defined in Section 2722
23-15-975, or their political committees, shall file periodic 2723
reports in the year in which they are to be elected no later than 2724
the tenth day after April 30, May 31, June 30, September 30 and 2725
December 31. Candidates for judicial office shall not be required 2726
to file an annual report during an election year, but shall file 2727
an annual report in all other years. 2728
(d) Each report under this article shall disclose: 2729
(i) For the reporting period and the calendar year, the 2730
total amount of all contributions and the total amount of all 2731
expenditures of the candidate or reporting committee, including 2732
those required to be identified pursuant to paragraph (ii) of this 2733
subsection (d) as well as the total of all other contributions and 2734
expenditures during the calendar year. The reports shall be 2735
cumulative during the calendar year to which they relate; 2736
(ii) The identification of: 2737
1. Each person or political committee who makes a 2738
contribution to the reporting candidate or political committee 2739
during the reporting period, whose contribution or contributions 2740
within the calendar year have an aggregate amount or value in 2741
excess of Two Hundred Dollars ($200.00) together with the date and 2742
amount of any such contribution; 2743
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2. Each person or organization, candidate or 2744
political committee who receives an expenditure, payment or other 2745
transfer from the reporting candidate, political committee or its 2746
agent, employee, designee, contractor, consultant or other person 2747
or persons acting in its behalf during the reporting period when 2748
the expenditure, payment or other transfer to the person, 2749
organization, candidate or political committee within the calendar 2750
year have an aggregate value or amount in excess of Two Hundred 2751
Dollars ($200.00) together with the date and amount of the 2752
expenditure; 2753
(iii) The total amount of cash on hand of each 2754
reporting candidate and reporting political committee; 2755
(iv) In addition to the contents of reports specified 2756
in paragraphs (i), (ii) and (iii) of this subsection (d), each 2757
political party shall disclose: 2758
1. Each person or political committee who makes a 2759
contribution to a political party during the reporting period and 2760
whose contribution or contributions to a political party within 2761
the calendar year have an aggregate amount or value in excess of 2762
Two Hundred Dollars ($200.00), together with the date and amount 2763
of the contribution; 2764
2. Each person or organization who receives an 2765
expenditure or expenditures by a political party during the 2766
reporting period when the expenditure or expenditures to the 2767
person or organization within the calendar year have an aggregate 2768
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value or amount in excess of Two Hundred Dollars ($200.00), 2769
together with the date and amount of the expenditure; 2770
(v) Disclosure required under this section of an 2771
expenditure to a credit card issuer, financial institution or 2772
business allowing payments and money transfers to be made over the 2773
Internet must include, by way of detail or separate entry, the 2774
amount of funds passing to each person, business entity or 2775
organization receiving funds from the expenditure. 2776
(e) The appropriate office specified in Section 23-15-805 2777
must be in actual receipt of the reports specified in this article 2778
by 5:00 p.m. on the dates specified in subsection (b) of this 2779
section. If the date specified in subsection (b) of this section 2780
shall fall on a weekend or legal holiday then the report shall be 2781
due in the appropriate office at 5:00 p.m. on the first working 2782
day before the date specified in subsection (b) of this section. 2783
The reporting candidate or reporting political committee shall 2784
ensure that the reports are delivered to the appropriate office by 2785
the filing deadline. The Secretary of State may approve specific 2786
means of electronic transmission of completed campaign finance 2787
disclosure reports, which may include, but not be limited to, 2788
transmission by electronic facsimile (FAX) devices. 2789
(f) (i) If any contribution of more than Two Hundred 2790
Dollars ($200.00) is received by a candidate or candidate's 2791
political committee after the tenth day, but more than forty-eight 2792
(48) hours before 12:01 a.m. * * * on the day * * * that early 2793
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voting begins for the election, the candidate or political 2794
committee shall notify the appropriate office designated in 2795
Section 23-15-805, within forty-eight (48) hours of receipt of the 2796
contribution. The notification shall include: 2797
1. The name of the receiving candidate; 2798
2. The name of the receiving candidate's political 2799
committee, if any; 2800
3. The office sought by the candidate; 2801
4. The identification of the contributor; 2802
5. The date of receipt; 2803
6. The amount of the contribution; 2804
7. If the contribution is in-kind, a description 2805
of the in-kind contribution; and 2806
8. The signature of the candidate or the treasurer 2807
or chair of the candidate's political organization. 2808
(ii) The notification shall be in writing, and may be 2809
transmitted by overnight mail, courier service, or other reliable 2810
means, including electronic facsimile (FAX), but the candidate or 2811
candidate's committee shall ensure that the notification shall in 2812
fact be received in the appropriate office designated in Section 2813
23-15-805 within forty-eight (48) hours of the contribution. 2814
SECTION 63. Section 23-15-833, Mississippi Code of 1972, is 2815
amended as follows: 2816
23-15-833. Except as otherwise provided by law, the first 2817
Tuesday after the first Monday in November of each year shall be 2818
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designated the regular special election day, and on that day and 2819
during the period established for early voting an election shall 2820
be held to fill any vacancy in county, county district, and 2821
district attorney elective offices, and any vacancy in the office 2822
of circuit judge or chancellor. 2823
All special elections, or elections to fill vacancies, shall 2824
in all respects be held, conducted and returned in the same manner 2825
as general elections, except that where no candidate receives a 2826
majority of the votes cast in the election, a runoff election 2827
shall be held four (4) weeks after the election. The two (2) 2828
candidates who receive the highest popular votes for the office 2829
shall have their names submitted as the candidates to the runoff 2830
and the candidate who leads in the runoff election shall be 2831
elected to the office. When there is a tie in the first election 2832
of those receiving the next highest vote, these two (2) and the 2833
one receiving the highest vote, none having received a majority, 2834
shall go into the runoff election and whoever leads in the runoff 2835
election shall be entitled to the office. 2836
In those years when the regular special election day shall 2837
occur * * * during the same * * * period of time as the general 2838
election, the names of candidates in any special election and the 2839
general election shall be placed on the same ballot, but shall be 2840
clearly distinguished as general election candidates or special 2841
election candidates. At any time a special election is held * * * 2842
during the same * * * period of time as a party primary election, 2843
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the names of the candidates in the special election may be placed 2844
on the same ballot, but shall be clearly distinguished as special 2845
election candidates or primary election candidates. 2846
SECTION 64. Section 23-15-843, Mississippi Code of 1972, is 2847
amended as follows: 2848
23-15-843. In case of death, resignation or vacancy from any 2849
cause in the office of district attorney, the unexpired term of 2850
which shall exceed six (6) months, the Governor shall within ten 2851
(10) days after the vacancy occurs issue a proclamation calling an 2852
election to fill a vacancy in the office of district attorney to 2853
be held * * * during the next regular special election * * * 2854
period of time in the district where the vacancy occurred unless 2855
the vacancy occurs in a year in which a general election would 2856
normally be held for that office as provided by law, in which case 2857
the appointed person shall serve the unexpired portion of the 2858
term. Candidates in such a special election shall qualify in the 2859
same manner and be subject to the same time limitations as set 2860
forth in Section 23-15-839. Pending the holding of a special 2861
election, the Governor shall make an emergency appointment to fill 2862
the vacancy until the same shall be filled by election. 2863
SECTION 65. Section 23-15-851, Mississippi Code of 1972, is 2864
amended as follows: 2865
23-15-851. (1) Except as otherwise provided in subsection 2866
(2) of this section, within thirty (30) days after vacancies occur 2867
in either house of the Legislature, the Governor shall issue writs 2868
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of election to fill the vacancies on a day specified in the writ 2869
of election. At least eighty-five (85) days' notice shall be 2870
given of the election in each county or part of a county in which 2871
the election shall be held. The qualifying deadline for the 2872
election shall be seventy-five (75) days before the early voting 2873
period begins for the election. Notice of the election shall be 2874
posted at the courthouse and in each supervisor's district in the 2875
county or part of the county in which such election shall be held 2876
for as near to seventy-five (75) days as may be practicable. The 2877
election shall be prepared for and held as in the case of a 2878
general election. 2879
(2) If a vacancy occurs in a calendar year in which the 2880
general election for state officers is held, the Governor may 2881
elect not to issue a writ of election to fill the vacancy. 2882
SECTION 66. Section 23-15-853, Mississippi Code of 1972, is 2883
amended as follows: 2884
23-15-853. (1) If a vacancy occurs in the representation in 2885
Congress, the vacancy shall be filled for the unexpired term by a 2886
special election, to be ordered by the Governor, within one 2887
hundred five (105) days after the vacancy occurs, and held at a 2888
time fixed by his or her order, and which time shall * * * begin 2889
not less than one hundred five (105) days after the issuance of 2890
the order of the Governor, which shall be directed to the election 2891
commissioners of the several counties of the district, who shall, 2892
immediately on the receipt of the order, give notice of the 2893
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election by publishing the same in a newspaper having a general 2894
circulation in the county and by posting the notice at the front 2895
door of the courthouse. The order shall also be directed to the 2896
State Board of Election Commissioners. The election shall be 2897
prepared for and conducted, and returns shall be made, in all 2898
respects as provided for a special election to fill vacancies. 2899
(2) Candidates for the office in such an election must 2900
qualify with the Secretary of State by 5:00 p.m. not less than 2901
seventy-five (75) days before the * * * early voting period begins 2902
for the election. If the seventy-fifth day to qualify before an 2903
election falls on a Saturday, Sunday or legal holiday, the 2904
qualification submitted on the business day immediately following 2905
the Saturday, Sunday or legal holiday shall be accepted. The 2906
election commissioners shall have printed on the ballot in such 2907
special election the name of any candidate who shall have been 2908
requested to be a candidate for the office by a petition filed 2909
with the Secretary of State and personally signed by not less than 2910
one thousand (1,000) qualified electors of the district. The 2911
petition shall be filed by 5:00 p.m. not less than seventy-five 2912
(75) days before the * * * early voting period begins for the 2913
election. If the seventy-fifth day to file the petition before an 2914
election falls on a Saturday, Sunday or legal holiday, the 2915
petition filed on the business day immediately following the 2916
Sunday or legal holiday shall be accepted. 2917
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There shall be attached to each petition above provided for, 2918
upon the time of filing with the Secretary of State, a certificate 2919
from the appropriate registrar or registrars showing the number of 2920
qualified electors appearing upon each petition which the 2921
registrar shall furnish to the petitioner upon request. 2922
SECTION 67. Section 23-15-855, Mississippi Code of 1972, is 2923
amended as follows: 2924
23-15-855. (1) If a vacancy shall occur in the office of 2925
United States Senator from Mississippi by death, resignation or 2926
otherwise, the Governor shall, within ten (10) days after 2927
receiving official notice of the vacancy, issue a proclamation for 2928
an election to be held in the state to elect a Senator to fill the 2929
remaining unexpired term, provided the unexpired term is more than 2930
twelve (12) months and the election shall * * * begin within one 2931
hundred five (105) days from the time the proclamation is issued 2932
and the returns of such election shall be certified to the 2933
Governor in the manner set out above for regular elections, unless 2934
the vacancy occurs in a year in which a general, state or 2935
congressional election is held, in which event the Governor's 2936
proclamation shall designate the period for conducting the general 2937
election * * * as the time for electing a Senator, and the vacancy 2938
shall be filled by appointment as hereinafter provided. 2939
(2) In case of a vacancy in the office of United States 2940
Senator, the Governor may appoint a Senator to fill the vacancy 2941
temporarily, and if the United States Senate is in session at the 2942
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time the vacancy occurs, the Governor shall appoint a Senator 2943
within ten (10) days after receiving official notice thereof, and 2944
the appointed Senator shall serve until a successor is elected and 2945
commissioned as provided for in subsection (1) of this section, 2946
provided that such unexpired term as he or she may be appointed to 2947
fill shall be for a longer time than one (1) year, but if for a 2948
shorter time than one (1) year, he or she shall serve for the full 2949
time of the unexpired term and no special election shall be called 2950
by the Governor but a successor shall be elected at the regular 2951
election. 2952
SECTION 68. Section 23-15-857, Mississippi Code of 1972, is 2953
amended as follows: 2954
23-15-857. (1) When there is a vacancy in an elective 2955
office in a city, town or village, the unexpired term of which 2956
shall not exceed six (6) months, the same shall be filled by 2957
appointment by the governing authority or remainder of the 2958
governing authority of the city, town or village. The municipal 2959
clerk shall certify the appointment to the Secretary of State and 2960
the appointed person or persons shall be commissioned by the 2961
Governor. 2962
(2) When there is a vacancy in an elective office in a city, 2963
town or village, the unexpired term of which shall exceed six (6) 2964
months, the governing authority or remainder of the governing 2965
authority of the city, town or village shall make and enter on the 2966
minutes an order for an election to be held in the city, town or 2967
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village to fill the vacancy and fix a * * * time period upon which 2968
the early voting and election day shall be held. The order shall 2969
be made and entered upon the minutes at the next regular meeting 2970
of the governing authority after the vacancy occurs, or at a 2971
special meeting to be held not later than ten (10) days after the 2972
vacancy occurs, Saturdays, Sundays and legal holidays excluded, 2973
whichever shall occur first. The election shall be held on a date 2974
not less than thirty (30) days nor more than forty-five (45) days 2975
after the date upon which the order is adopted. 2976
Notice of the election shall be given by the municipal clerk 2977
by notice published in a newspaper published in the municipality. 2978
The notice shall be published once each week for three (3) 2979
successive weeks * * * before the date * * * early voting begins 2980
for the election. The first notice shall be published at least 2981
thirty (30) days before * * * early voting begins for the 2982
election. Notice shall also be given by posting a copy of the 2983
notice at three (3) public places in the municipality not less 2984
than twenty-one (21) days before * * * early voting begins for the 2985
election. One (1) of the notices shall be posted at the city, 2986
town or village hall. In the event that there is no newspaper 2987
published in the municipality, such notice shall be published as 2988
provided for above in a newspaper that has a general circulation 2989
within the municipality and by posting as provided for above. 2990
Additionally, the governing authority may publish the notice in 2991
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that newspaper for as many additional times as may be deemed 2992
necessary by the governing authority. 2993
Each candidate shall qualify by petition filed with the 2994
municipal clerk by 5:00 p.m. at least twenty (20) days before 2995
the * * * early voting period begins for the election. If the 2996
twentieth day to file the petition before the election falls on a 2997
Sunday or legal holiday, the petition filed on the business day 2998
immediately following the Sunday or legal holiday shall be 2999
accepted. The petition shall be signed by not less than the 3000
following number of qualified electors: 3001
(a) For an office of a city, town, village or municipal 3002
district having a population of one thousand (1,000) or more, not 3003
less than fifty (50) qualified electors. 3004
(b) For an office of a city, town, village or municipal 3005
district having a population of less than one thousand (1,000), 3006
not less than fifteen (15) qualified electors. 3007
No qualifying fee shall be required of any candidate, and the 3008
election shall be held as far as practicable in the same manner as 3009
municipal general elections. 3010
The candidate receiving a majority of the votes cast in the 3011
election shall be elected. If no candidate receives a majority 3012
vote at the election, the two (2) candidates receiving the highest 3013
number of votes shall have their names placed on the ballot for 3014
the election to be held three (3) weeks thereafter. The candidate 3015
receiving a majority of the votes cast in the election shall be 3016
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elected. However, if no candidate receives a majority and there 3017
is a tie in the election of those receiving the next highest vote, 3018
those receiving the next highest vote and the candidate receiving 3019
the highest vote shall have their names placed on the ballot for 3020
the election to be held three (3) weeks thereafter, and whoever 3021
receives the most votes cast in the election shall be elected. 3022
Should the election held three (3) weeks thereafter result in 3023
a tie vote, the prevailing candidate shall be decided by a toss of 3024
a coin or by lot fairly and publicly drawn under the supervision 3025
of the election commission. 3026
The clerk of the election commission shall then give a 3027
certificate of election to the person elected, and return to the 3028
Secretary of State a copy of the order of holding the election and 3029
runoff election results, certified by the clerk of the governing 3030
authority. The person elected shall be commissioned by the 3031
Governor. 3032
However, if nineteen (19) days before the * * * early voting 3033
period begins for the election only one (1) person shall have 3034
qualified as a candidate, the governing authority, or remainder of 3035
the governing authority, shall dispense with the election and 3036
appoint that one (1) candidate in lieu of an election. In the 3037
event no person shall have qualified by 5:00 p.m. at least twenty 3038
(20) days before * * * the early voting period begins for the 3039
election, the governing authority or remainder of the governing 3040
authority shall dispense with the election and fill the vacancy by 3041
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appointment. The clerk of the governing authority shall certify 3042
the appointment to the Secretary of State, and the appointed 3043
person shall be commissioned by the Governor. 3044
SECTION 69. Section 23-15-859, Mississippi Code of 1972, is 3045
amended as follows: 3046
23-15-859. Whenever under any statute a special election is 3047
required or authorized to be held in any municipality, and the 3048
statute authorizing or requiring the election does not specify the 3049
time within which the election shall be called, or the notice 3050
which shall be given, the governing authorities of the 3051
municipality shall, by resolution, fix a date upon which the 3052
election shall be held. The date shall not be less than 3053
twenty-one (21) nor more than thirty (30) days after the date upon 3054
which such resolution is adopted, and not less than three (3) 3055
weeks' notice of the election shall be given by the clerk by a 3056
notice published in a newspaper published in the municipality once 3057
each week for three (3) weeks next * * * before the * * * early 3058
voting period begins for the election, and by posting a copy of 3059
the notice at three (3) public places in the municipality. 3060
Nothing herein, however, shall be applicable to elections on the 3061
question of the issuance of the bonds of a municipality or to 3062
general or primary elections for the election of municipal 3063
officers. 3064
The provisions of this section shall be applicable to all 3065
municipalities of this state, whether operating under a code 3066
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charter, special charter or the commission form of government, 3067
except in cases of conflicts between the provisions of the section 3068
and the provisions of the special charter of a municipality, or 3069
the law governing the commission form of government, in which 3070
cases of conflict the provisions of the special charter or the 3071
statutes relative to the commission form of government shall 3072
apply. 3073
SECTION 70. Section 23-15-895, Mississippi Code of 1972, is 3074
amended as follows: 3075
23-15-895. No candidate for an elective office, or any 3076
representative of such candidate, and no proponent or opponent of 3077
any constitutional amendment, local issue or other measure printed 3078
on the ballot may post or distribute cards, posters or other 3079
campaign literature within one hundred fifty (150) feet of any 3080
entrance of the building wherein early voting or any election is 3081
being held. No candidate or a representative named by him or her 3082
in writing may appear at any polling place while armed or 3083
uniformed, or display any badge or credentials except as may be 3084
issued by the manager of the polling place. As used in this 3085
section, the term "local issue" shall have the meaning ascribed to 3086
such term in Section 23-15-375. This section shall be enforced by 3087
election officials and law enforcement officials. 3088
SECTION 71. Section 23-15-913, Mississippi Code of 1972, is 3089
amended as follows: 3090
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23-15-913. (1) The judges listed and selected to hear 3091
election disputes, as provided in Section 23-15-951, shall be 3092
available during early voting and on election day to immediately 3093
hear and resolve any election * * * disputes. The name of any 3094
judge selected to hear election day disputes shall be provided to 3095
the Secretary of State by the Chief Justice of the Mississippi 3096
Supreme Court at the time the appointment is made, unless the 3097
Secretary of State is a party to the election day dispute to which 3098
that special circuit judge is appointed. 3099
(2) The rules for filing pleadings shall be relaxed to carry 3100
out the purposes of this section. The judges selected shall 3101
perform no other judicial duties on election day. If an election 3102
day dispute occurs, the circuit clerk shall only docket the 3103
dispute to the judge designated by the Supreme Court to hear the 3104
case in that county. All election day disputes arising in one 3105
county shall go to the same judge in that county unless the judge 3106
is absent or unavailable. When such election day dispute is 3107
filed, the circuit clerk shall immediately notify by phone, email 3108
or personally, the Chief Justice of the Supreme Court, or in his 3109
or her absence or disability, some other Justice of the Supreme 3110
Court, who shall forthwith notify the assigned special judge from 3111
the list of judges who were preselected to hear election day 3112
disputes, to proceed to the county in which the dispute has been 3113
filed to hear and determine the complaint. The circuit clerk 3114
shall cause a copy of such petition to be served upon the 3115
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contestee, which shall serve as notice to such contestee. In the 3116
list provided, the Supreme Court shall specify which judges shall 3117
be available to hear disputes in each county in which the disputes 3118
occur, but no judge shall hear disputes in the district or county 3119
in which he or she was elected nor shall any judge hear any 3120
dispute in which any potential conflict may arise. Each judge 3121
shall be fair and impartial and shall be assigned on that basis. 3122
(3) The listed and selected judges provided by the Chief 3123
Justice of the Mississippi Supreme Court shall have sole 3124
jurisdiction to hear election day disputes. Election disputes can 3125
only be filed in a circuit court with proper jurisdiction and 3126
heard by one (1) of the judges selected by the Chief Justice of 3127
the Mississippi Supreme Court. 3128
SECTION 72. Section 23-15-963, Mississippi Code of 1972, is 3129
amended as follows: 3130
23-15-963. (1) Any person desiring to contest the 3131
qualifications of another person who has qualified pursuant to the 3132
provisions of Section 23-15-359 * * * as a candidate for any 3133
office elected at a general election, shall file a petition 3134
specifically setting forth the grounds of the challenge not later 3135
than thirty-one (31) days after the date of the first primary 3136
election set forth in Section 23-15-191 * * *. * * * The petition 3137
shall be filed with the same body with whom the candidate in 3138
question qualified pursuant to Section 23-15-359 * * *. 3139
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(2) Any person desiring to contest the qualifications of 3140
another person who has qualified pursuant to the provisions of 3141
Section 23-15-213 * * * as a candidate for county election 3142
commissioner elected at a general election, shall file a petition 3143
specifically setting forth the grounds of the challenge no later 3144
than sixty (60) days * * * before the period for early voting 3145
begins for the general election. * * * The petition shall be 3146
filed with the county board of supervisors, being the same body 3147
with whom the candidate in question qualified pursuant to Section 3148
23-15-213 * * *. 3149
(3) Any person desiring to contest the qualifications of 3150
another person who has qualified pursuant to the provisions of 3151
Section 23-15-361 * * * as a candidate for municipal office 3152
elected on the date designated by law for regular municipal 3153
elections, shall file a petition specifically setting forth the 3154
grounds of the challenge no later than thirty-one (31) days after 3155
the date of the first primary election set forth in Section 3156
23-15-309 * * *. * * * The petition shall be filed with the 3157
municipal election commissioners * * , being the same body with 3158
whom the candidate in question qualified pursuant to Section 3159
23-15-361 * * *. 3160
(4) Within ten (10) days of receipt of the petition 3161
described in subsections (1), (2) and (3) of this section, the 3162
appropriate election officials shall meet and rule upon the 3163
petition. At least two (2) days before the hearing to consider 3164
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the petition, the appropriate election officials shall give notice 3165
to both the petitioner and the contested candidate of the time and 3166
place of the hearing on the petition. Each party shall be given 3167
an opportunity to be heard at such meeting and present evidence in 3168
support of his position. 3169
(5) If the appropriate election officials fail to rule upon 3170
the petition within the time required above, such inaction shall 3171
be interpreted as a denial of the request for relief contained in 3172
the petition. 3173
(6) Any party aggrieved by the action or inaction of the 3174
appropriate election officials may file a petition for judicial 3175
review to the circuit court of the county in which the election 3176
officials whose decision is being reviewed sits. * * * The 3177
petition must be filed no later than fifteen (15) days after the 3178
date the petition was originally filed with the appropriate 3179
election officials. * * * The person filing for judicial review 3180
shall give a cost bond in the sum of Three Hundred Dollars 3181
($300.00) with two (2) or more sufficient sureties conditioned to 3182
pay all costs in case his petition be dismissed, and an additional 3183
bond may be required, by the court, if necessary, at any 3184
subsequent stage of the proceedings. 3185
(7) The circuit court with whom such a petition for judicial 3186
review has been filed shall at the earliest possible date set the 3187
matter for hearing. Notice shall be given the interested parties 3188
of the time set for hearing by the circuit clerk. The hearing 3189
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before the circuit court shall be de novo. The matter shall be 3190
tried to the circuit judge, without a jury. After hearing the 3191
evidence, the circuit judge shall determine whether the candidate 3192
whose qualifications have been challenged is legally qualified to 3193
have his name placed upon the ballot in question. The circuit 3194
judge may, upon disqualification of any such candidate, order that 3195
* * * the candidate * * * bear the court costs of the 3196
proceedings. 3197
(8) Within three (3) days after judgment is rendered by the 3198
circuit court, the contestant or contestee, or both, may file an 3199
appeal in the Supreme Court upon giving a cost bond in the sum of 3200
Three Hundred Dollars ($300.00), together with a bill of 3201
exceptions * * * that shall state the point or points of law at 3202
issue with a sufficient synopsis of the facts to fully disclose 3203
the bearing and relevancy of such points of law. The bill of 3204
exceptions shall be signed by the trial judge, or in case of his 3205
absence, refusal or disability, by two (2) disinterested 3206
attorneys, as is provided by law in other cases of bills of 3207
exception. The filing of * * * the appeals shall automatically 3208
suspend the decision of the circuit court and the appropriate 3209
election officials are entitled to proceed based upon their 3210
decision unless and until the Supreme Court, in its discretion, 3211
stays further proceedings in the matter. The appeal shall be 3212
immediately docketed in the Supreme Court and referred to the 3213
court en banc upon briefs without oral argument unless the court 3214
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shall call for oral argument, and shall be decided at the earliest 3215
possible date, as a preference case over all others. The Supreme 3216
Court shall have the authority to grant such relief as is 3217
appropriate under the circumstances. 3218
(9) The procedure set forth above shall be the * * * only 3219
manner in which the qualifications of a candidate seeking public 3220
office who qualified pursuant to the provisions of Sections 3221
23-15-359, 23-15-213 and 23-15-361 * * * may be challenged * * * 3222
before the time of his election. After any such person has been 3223
elected to public office, the election may be challenged as 3224
otherwise provided by law. After any person assumes an elective 3225
office, his qualifications to hold that office may be contested as 3226
otherwise provided by law. 3227
SECTION 73. Section 23-15-977, Mississippi Code of 1972, is 3228
amended as follows: 3229
23-15-977. (1) Except as otherwise provided in this 3230
section, all candidates for judicial office as defined in Section 3231
23-15-975 of this subarticle shall file their intent to be a 3232
candidate with the proper officials and pay the proper assessment 3233
by not later than 5:00 p.m. on February 1 of the year in which the 3234
general election for the judicial office is held. If February 1 3235
occurs on a Saturday, Sunday or legal holiday, candidates shall 3236
file their intent to be a candidate and pay the proper assessment 3237
by 5:00 p.m. on the business day immediately following the 3238
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Saturday, Sunday or legal holiday. Candidates shall pay to the 3239
proper officials the following amounts: 3240
(a) Candidates for Supreme Court justice and Court of 3241
Appeals judge, the sum of Two Hundred Dollars ($200.00). 3242
(b) Candidates for circuit judge and chancellor, the 3243
sum of One Hundred Dollars ($100.00). 3244
(c) Candidates for county judge and family court judge, 3245
the sum of One Hundred Dollars ($100.00). 3246
(d) Candidates for justice court judge, the sum of One 3247
Hundred Dollars ($100.00). 3248
Candidates for judicial office may not file their intent to 3249
be a candidate and pay the proper assessment before January 1 of 3250
the year in which the election for the judicial office is held. 3251
(2) Candidates for judicial offices listed in paragraphs (a) 3252
and (b) of subsection (1) of this section shall file their intent 3253
to be a candidate with, and pay the proper assessment made 3254
pursuant to subsection (1) of this section to, the State Board of 3255
Election Commissioners. 3256
(3) Candidates for judicial offices listed in paragraphs (c) 3257
and (d) of subsection (1) of this section shall file their intent 3258
to be a candidate with, and pay the proper assessment made 3259
pursuant to subsection (1) of this section to, the circuit clerk 3260
of the proper county. The circuit clerk shall notify the county 3261
election commissioners of all persons who have filed their intent 3262
to be a candidate with, and paid the proper assessment to, such 3263
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clerk. The notification shall occur within two (2) business days 3264
and shall contain all necessary information. 3265
(4) If only one (1) person files his or her intent to be a 3266
candidate for a judicial office and that person later dies, 3267
resigns or is otherwise disqualified from holding the judicial 3268
office after the deadline provided for in subsection (1) of this 3269
section but more than seventy (70) days before the date * * * that 3270
early voting begins for the general election, the Governor, upon 3271
notification of the death, resignation or disqualification of the 3272
person, shall issue a proclamation authorizing candidates to file 3273
their intent to be a candidate for that judicial office for a 3274
period of not less than seven (7) nor more than ten (10) days from 3275
the date of the proclamation. 3276
(5) If only one (1) person qualifies as a candidate for a 3277
judicial office and that person later dies, resigns or is 3278
otherwise disqualified from holding the judicial office within 3279
seventy (70) days before the date * * * that early voting begins 3280
for the general election, the judicial office shall be considered 3281
vacant for the new term and the vacancy shall be filled as 3282
provided in by law. 3283
SECTION 74. Section 23-15-1031, Mississippi Code of 1972, is 3284
amended as follows: 3285
23-15-1031. Except as provided by Section 23-15-1081, the 3286
first primary election for Representatives in the Congress of the 3287
United States shall be held on the second Tuesday in March of the 3288
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years in which Representatives in the Congress of the United 3289
States are elected, and a second primary, if necessary, shall be 3290
held four (4) weeks thereafter. Each year in which a presidential 3291
election is held, the congressional primary shall be held as 3292
provided in Section 23-15-1081. The election shall be held in all 3293
districts of the state during the same period for early voting and 3294
on the same day. Candidates for United States Senator shall be 3295
nominated at the congressional primary next preceding the general 3296
election at which a senator is to be elected and in the same 3297
manner that Representatives in the Congress of the United States 3298
are nominated. The chair and secretary of the state executive 3299
committee shall certify the vote for United States Senator to the 3300
Secretary of State in the same manner that county executive 3301
committees certify the returns of counties in general state and 3302
county primary elections. 3303
SECTION 75. Section 23-15-1081, Mississippi Code of 1972, is 3304
amended as follows: 3305
23-15-1081. A presidential preference primary may be held on 3306
the second Tuesday in March of each year in which a President of 3307
the United States is to be elected and during the early voting 3308
period established in this act. Each political party * * * that 3309
has cast for its candidates for President and Vice President in 3310
the previous presidential election more than twenty percent (20%) 3311
of the total vote cast for President and Vice President in the 3312
state, may conduct a presidential preference primary. No elector 3313
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shall vote in the primary of more than one (1) political party in 3314
the same presidential preference primary. 3315
SECTION 76. Section 23-15-1083, Mississippi Code of 1972, is 3316
amended as follows: 3317
23-15-1083. Beginning in 1988, as an alternative to the 3318
congressional primary election date set forth in Section 3319
23-15-1031, when a political party elects to conduct a 3320
presidential preference primary, the first primary election 3321
for * * * members of Congress, and senators, if senators are to be 3322
elected, shall be held on the second Tuesday in March and during 3323
the early voting period established in this act, and the second 3324
primary, when one is necessary, shall be held four (4) weeks 3325
thereafter, and the election shall be held in all districts of the 3326
state on the same day. 3327
SECTION 77. Section 23-15-1085, Mississippi Code of 1972, is 3328
amended as follows: 3329
23-15-1085. The * * * chair of a party's state executive 3330
committee shall notify the Secretary of State if the party intends 3331
to hold a presidential preference primary. The Secretary of State 3332
shall be notified * * * before December 1 of the year preceding 3333
the year in which a presidential preference primary may be held 3334
pursuant to Section 23-15-1081. Upon * * * the notification, the 3335
Secretary of State shall issue a proclamation setting every 3336
party's congressional and senatorial primary elections, including 3337
the period for early voting, that are to be held in the year in 3338
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which the presidential preference primary is to be held on the 3339
date provided for in Section 23-15-1083. Once the Secretary of 3340
State has issued a proclamation pursuant to this section, the date 3341
of the congressional and senatorial primary elections shall not be 3342
changed. 3343
SECTION 78. Section 23-15-1091, Mississippi Code of 1972, is 3344
amended as follows: 3345
23-15-1091. When the Secretary of State places the name of a 3346
candidate on the ballot pursuant to Section 23-15-1093, he or she 3347
shall notify the candidate that his or her name will appear on the 3348
ballot of this state in the presidential preference primary 3349
election. 3350
The secretary shall also notify the candidate that he or she 3351
may withdraw his or her name from the ballot by filing with the 3352
Secretary of State an affidavit pursuant to Section 23-15-1095 no 3353
later than the sixtieth day before the period for early voting 3354
begins for that election. 3355
SECTION 79. Section 21-3-3, Mississippi Code of 1972, is 3356
amended as follows: 3357
21-3-3. The elective officers of all municipalities 3358
operating under a code charter shall be the mayor, the aldermen, 3359
municipal judge, the marshal or chief of police, the tax collector 3360
and the tax assessor. From and after July 1, 2017, the governing 3361
authorities of the municipality shall appoint a city or town clerk 3362
who shall likewise serve as an officer of the municipality. 3363
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However, the governing authorities of the municipality shall have 3364
the power, by ordinance, to combine the office of clerk or marshal 3365
with the office of tax collector and/or tax assessor. * * * The 3366
governing authorities shall have the further power to provide 3367
that * * * any of * * * those officers, except those of mayor and 3368
aldermen, shall be appointive, in which case the marshal or chief 3369
of police, the tax collector, the tax assessor, and the city or 3370
town clerk, or such of * * * the officers as may be made 3371
appointive, shall be appointed by the governing authorities. Any 3372
action taken by the governing authorities to make any of * * * the 3373
offices appointive shall be by ordinance of * * * the 3374
municipality, and no such ordinance shall be adopted within ninety 3375
(90) days * * * before the period for early voting begins for any 3376
regular general election for the election of municipal officers. 3377
No such ordinance shall become effective during the term of office 3378
of any officer whose office shall be affected thereby. If any 3379
such office is made appointive, the person appointed thereto shall 3380
hold office at the pleasure of the governing authorities and may 3381
be discharged by * * * the governing authorities at any time, 3382
either with or without cause, and it shall be discretionary with 3383
the governing authorities whether or not to require * * * the 3384
person appointed thereto to reside within the corporate limits of 3385
the municipality in order to hold * * * the office. 3386
SECTION 80. Section 21-9-17, Mississippi Code of 1972, is 3387
amended as follows: 3388
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21-9-17. Except as otherwise provided, all candidates for 3389
mayor and councilmen, or any of them, to be voted for * * * during 3390
the periods for holding any general or special municipal election, 3391
shall be nominated by party primary election, and no other name or 3392
names shall be placed on the official ballot at * * * the general 3393
or special election than those selected in the manner prescribed 3394
herein. Such primary election or elections, shall be held not 3395
less than ten (10), nor more than thirty (30) days, * * * before 3396
the general or special election, and * * * the primary election or 3397
elections shall be held and conducted in the manner as near as may 3398
be as is provided by law for state and county primary elections. 3399
SECTION 81. Section 37-5-9, Mississippi Code of 1972, is 3400
amended as follows: 3401
37-5-9. The name of any qualified elector who is a candidate 3402
for the county board of education shall be placed on the ballot 3403
used in the general elections by the county election 3404
commissioners, provided that the candidate files with the county 3405
election commissioners, not more than one hundred five (105) days 3406
and not less than seventy-five (75) days * * * before the 3407
date * * * early voting begins for the general election, a 3408
petition of nomination signed by not less than fifty (50) 3409
qualified electors of the county residing within each supervisor's 3410
district. If the seventy-fifth day before the election falls on a 3411
Saturday, Sunday or legal holiday, the petition required under 3412
this section shall be filed by 5:00 p.m. on the business day 3413
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immediately following the Saturday, Sunday or legal holiday. 3414
Where there are less than one hundred (100) qualified electors in 3415
said supervisor's district, it shall only be required that said 3416
petition of nomination be signed by at least twenty percent (20%) 3417
of the qualified electors of such supervisor's district. The 3418
candidate in each supervisor's district who receives the majority 3419
of votes cast in the district shall be declared elected. If no 3420
candidate receives a majority of the votes cast at the election, a 3421
runoff shall be held between the two (2) candidates receiving the 3422
highest number of votes in the first election. The runoff 3423
election, in the event that such is necessary, shall be held four 3424
(4) weeks after the first election. 3425
When any member of the county board of education is to be 3426
elected from the county at large under the provisions of this 3427
chapter, then the petition required by the preceding paragraph 3428
hereof shall be signed by the required number of qualified 3429
electors residing in any part of the county outside of the 3430
territory embraced within a municipal separate school district or 3431
special municipal separate school district. The candidate who 3432
receives the majority of votes cast in the election shall be 3433
declared elected. If no candidate receives a majority of the 3434
votes cast at the election, a runoff shall be held between the two 3435
(2) candidates receiving the highest number of votes in the first 3436
election. The runoff election, in the event that such is 3437
necessary, shall be held four (4) weeks after the first election. 3438
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In no case shall any qualified elector residing within a 3439
municipal separate school district or special municipal separate 3440
school district be eligible to sign a petition of nomination for 3441
any candidate for the county board of education under any of the 3442
provisions of this section. 3443
SECTION 82. Section 21-8-7, Mississippi Code of 1972, is 3444
amended as follows: 3445
21-8-7. (1) Each municipality operating under the 3446
mayor-council form of government shall be governed by an elected 3447
council and an elected mayor. Other officers and employees shall 3448
be duly appointed pursuant to this chapter, general law or 3449
ordinance. 3450
(2) Except as otherwise provided in subsection (4) of this 3451
section, the mayor and council members shall be elected by the 3452
voters of the municipality at a regular municipal election held on 3453
the first Tuesday after the first Monday in June as provided in 3454
Section 21-11-7, and shall serve for a term of four (4) years 3455
beginning on the first day of July next following the election 3456
that is not on a weekend. Votes for mayor and council members may 3457
also be cast during the period for early voting as provided in 3458
this act. 3459
(3) The terms of the initial mayor and council members shall 3460
commence at the expiration of the terms of office of the elected 3461
officials of the municipality serving at the time of adoption of 3462
the mayor-council form. 3463
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(4) (a) The council shall consist of five (5), seven (7) or 3464
nine (9) members. In the event there are five (5) council 3465
members, the municipality shall be divided into either five (5) or 3466
four (4) wards. In the event there are seven (7) council members, 3467
the municipality shall be divided into either seven (7), six (6) 3468
or five (5) wards. In the event there are nine (9) council 3469
members, the municipality shall be divided into seven (7) or nine 3470
(9) wards. If the municipality is divided into fewer wards than 3471
it has council members, the other council member or members shall 3472
be elected from the municipality at large. The total number of 3473
council members and the number of council members elected from 3474
wards shall be established by the petition or petitions presented 3475
pursuant to Section 21-8-3. One (1) council member shall be 3476
elected from each ward by the voters of that ward. Council 3477
members elected to represent wards must be residents of their 3478
wards for two (2) years as provided in Section 23-15-300 at the 3479
time of qualification for election, and any council member who 3480
removes the member's residence from the municipality or from the 3481
ward from which elected shall vacate that office. However, any 3482
candidate for council member who is properly qualified as a 3483
candidate under applicable law shall be deemed to be qualified as 3484
a candidate in whatever ward the member resides if the ward has 3485
changed after the council has redistricted the municipality as 3486
provided in paragraph (c)(ii) of this subsection (4), and if the 3487
wards have been so changed, any person may qualify as a candidate 3488
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for council member, by changing the person's residence, not less 3489
than fifteen (15) days before the period for early voting begins 3490
for the first party primary or special party primary, as the case 3491
may be, notwithstanding any other residency or qualification 3492
requirements to the contrary. 3493
(b) The council or board existing at the time of the 3494
adoption of the mayor-council form of government shall designate 3495
the geographical boundaries of the wards within one hundred twenty 3496
(120) days after the election in which the mayor-council form of 3497
government is selected. In designating the geographical 3498
boundaries of the wards, each ward shall contain, as nearly as 3499
possible, the population factor obtained by dividing the 3500
municipality's population as shown by the most recent decennial 3501
census by the number of wards into which the municipality is to be 3502
divided. 3503
(c) (i) It shall be the mandatory duty of the council 3504
to redistrict the municipality by ordinance, which ordinance may 3505
not be vetoed by the mayor, within six (6) months after the 3506
official publication by the United States of the population of the 3507
municipality as enumerated in each decennial census, and within 3508
six (6) months after the effective date of any expansion of 3509
municipal boundaries; however, if the publication of the most 3510
recent decennial census or effective date of an expansion of the 3511
municipal boundaries occurs six (6) months or more before the 3512
first party primary of a general municipal election, then the 3513
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council shall redistrict the municipality by ordinance not less 3514
than sixty (60) days before the period for early voting begins for 3515
the first party primary. 3516
(ii) If the publication of the most recent 3517
decennial census occurs less than six (6) months before the first 3518
primary of a general municipal election, the election shall be 3519
held with regard to the existing defined wards; reapportioned 3520
wards based on the census shall not serve as the basis for 3521
representation until the next regularly scheduled election in 3522
which council members shall be elected. 3523
(d) If annexation of additional territory into the 3524
municipal corporate limits of the municipality occurs less than 3525
six (6) months before the first party primary of a general 3526
municipal election, the council shall, by ordinance adopted within 3527
three (3) days of the effective date of the annexation, assign the 3528
annexed territory to an adjacent ward or wards so as to maintain 3529
as nearly as possible substantial equality of population between 3530
wards; any subsequent redistricting of the municipality by 3531
ordinance as required by this chapter shall not serve as the basis 3532
for representation until the next regularly scheduled election for 3533
municipal council members. 3534
(5) Vacancies occurring in the council shall be filled as 3535
provided in Section 23-15-857. 3536
(6) The mayor shall maintain an office at the city hall. 3537
The council members shall not maintain individual offices at the 3538
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city hall; however, in a municipality having a population of one 3539
hundred thousand (100,000) and above according to the latest 3540
federal decennial census, council members may have individual 3541
offices in the city hall. Clerical work of council members in the 3542
performance of the duties of their office shall be performed by 3543
municipal employees or at municipal expense, and council members 3544
shall be reimbursed for the reasonable expenses incurred in the 3545
performance of the duties of their office. 3546
SECTION 83. Section 9-4-5, Mississippi Code of 1972, is 3547
amended as follows: 3548
9-4-5. (1) The term of office of judges of the Court of 3549
Appeals shall be eight (8) years. An election shall be held on 3550
the first Tuesday after the first Monday in November 1994, to 3551
elect the ten (10) judges of the Court of Appeals, two (2) from 3552
each congressional district; provided, however, judges of the 3553
Court of Appeals who are elected to take office after the first 3554
Monday of January 2002, shall be elected from the Court of Appeals 3555
Districts described in subsection (5) of this section. The judges 3556
of the Court of Appeals shall begin service on the first Monday of 3557
January 1995. Votes for judges of the Court of Appeals may be 3558
cast, if applicable, during the period for early voting provided 3559
for in this act. 3560
(2) (a) In order to provide that the offices of not more 3561
than a majority of the judges of * * * the court shall become 3562
vacant at any one (1) time, the terms of office of six (6) of the 3563
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judges first to be elected shall expire in less than eight (8) 3564
years. For the purpose of all elections of members of the court, 3565
each of the ten (10) judges of the Court of Appeals shall be 3566
considered a separate office. The two (2) offices in each of the 3567
five (5) districts shall be designated Position Number 1 and 3568
Position Number 2, and in qualifying for office as a candidate for 3569
any office of judge of the Court of Appeals each candidate shall 3570
state the position number of the office to which he or she aspires 3571
and the election ballots shall so indicate. 3572
(i) In Congressional District Number 1, the judge 3573
of the Court of Appeals for Position Number 1 shall be that office 3574
for which the term ends January 1, 1999, and the judge of the 3575
Court of Appeals for Position Number 2 shall be that office for 3576
which the term ends January 1, 2003. 3577
(ii) In Congressional District Number 2, the judge 3578
of the Court of Appeals for Position Number 1 shall be that office 3579
for which the term ends on January 1, 2003, and the judge of the 3580
Court of Appeals for Position Number 2 shall be that office for 3581
which the term ends January 1, 2001. 3582
(iii) In Congressional District Number 3, the 3583
judge of the Court of Appeals for Position Number 1 shall be that 3584
office for which the term ends on January 1, 2001, and the judge 3585
of the Court of Appeals for Position Number 2 shall be that office 3586
for which the term ends January 1, 1999. 3587
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(iv) In Congressional District Number 4, the judge 3588
of the Court of Appeals for Position Number 1 shall be that office 3589
for which the term ends on January 1, 1999, and the judge of the 3590
Court of Appeals for Position Number 2 shall be that office for 3591
which the term ends January 1, 2003. 3592
(v) In Congressional District Number 5, the judge 3593
of the Court of Appeals for Position Number 1 shall be that office 3594
for which the term ends on January 1, 2003, and the judge of the 3595
Court of Appeals for Position Number 2 shall be that office for 3596
which the term ends January 1, 2001. 3597
(b) The laws regulating the general elections shall 3598
apply to and govern the elections of judges of the Court of 3599
Appeals except as otherwise provided in Sections 23-15-974 through 3600
23-15-985. 3601
(c) In the year * * * before the expiration of the term 3602
of an incumbent, and likewise each eighth year thereafter, an 3603
election shall be held in the manner provided in this section in 3604
the district from which the incumbent Court of Appeals judge was 3605
elected at which there shall be elected a successor to the 3606
incumbent, whose term of office shall thereafter begin on the 3607
first Monday of January of the year in which the term of the 3608
incumbent he or she succeeds expires. 3609
(3) No person shall be eligible for the office of judge of 3610
the Court of Appeals who has not attained the age of thirty (30) 3611
years at the time of his or her election and who has not been a 3612
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practicing attorney and citizen of the state for five (5) years 3613
immediately * * * before the election. 3614
(4) Any vacancy on the Court of Appeals shall be filled by 3615
appointment of the Governor for that portion of the unexpired 3616
term * * * before the election to fill the remainder of * * * the 3617
term according to provisions of Section 23-15-849 * * *. 3618
(5) (a) The State of Mississippi is hereby divided into 3619
five (5) Court of Appeals Districts as follows: 3620
FIRST DISTRICT. The First Court of Appeals District shall be 3621
composed of the following counties and portions of counties: 3622
Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, 3623
Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, 3624
Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada 3625
County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; 3626
in Montgomery County the precincts of North Winona, Lodi, Stewart, 3627
Nations and Poplar Creek; in Panola County the precincts of East 3628
Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North 3629
Springport, South Springport, Eureka, Williamson, East Batesville 3630
4, West Batesville 4, Fern Hill, North Batesville A, East 3631
Batesville 5 and West Batesville 5; and in Tallahatchie County the 3632
precincts of Teasdale, Enid, Springhill, Charleston Beat 1, 3633
Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, 3634
Murphreesboro and Rosebloom. 3635
SECOND DISTRICT. The Second Court of Appeals District shall 3636
be composed of the following counties and portions of counties: 3637
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Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, 3638
Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, 3639
Tunica, Warren, Washington and Yazoo; in Attala County the 3640
precincts of Northeast, Hesterville, Possomneck, North Central, 3641
McAdams, Newport, Sallis and Southwest; that portion of Grenada 3642
County not included in the First Court of Appeals District; in 3643
Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 3644
83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, 3645
Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, 3646
St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the 3647
precincts of Conway, West Carthage, Wiggins, Thomastown and 3648
Ofahoma; in Madison County the precincts of Farmhaven, Canton 3649
Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, 3650
Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, 3651
Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, 3652
Canton Precinct 1 and Canton Precinct 4; that portion of 3653
Montgomery County not included in the First Court of Appeals 3654
District; that portion of Panola County not included in the First 3655
Court of Appeals District; and that portion of Tallahatchie County 3656
not included in the First Court of Appeals District. 3657
THIRD DISTRICT. The Third Court of Appeals District shall be 3658
composed of the following counties and portions of counties: 3659
Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, 3660
Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that 3661
portion of Attala County not included in the Second Court of 3662
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Appeals District; in Jones County the precincts of Northwest High 3663
School, Shady Grove, Sharon, Erata, Glade, Myrick School, 3664
Northeast High School, Rustin, Sandersville Civic Center, Tuckers, 3665
Antioch and Landrum; that portion of Leake County not included in 3666
the Second Court of Appeals District; that portion of Madison 3667
County not included in the Second Court of Appeals District; and 3668
in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, 3669
Diamond, Chaparral, Matherville, Coit and Eucutta. 3670
FOURTH DISTRICT. The Fourth Court of Appeals District shall 3671
be composed of the following counties and portions of counties: 3672
Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, 3673
Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; 3674
that portion of Hinds County not included in the Second Court of 3675
Appeals District; and that portion of Jones county not included in 3676
the Third Court of Appeals District. 3677
FIFTH DISTRICT. The Fifth Court of Appeals District shall be 3678
composed of the following counties and portions of counties: 3679
Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl 3680
River, Perry and Stone; and that portion of Wayne County not 3681
included in the Third Court of Appeals District. 3682
(b) The boundaries of the Court of Appeals Districts 3683
described in paragraph (a) of this subsection shall be the 3684
boundaries of the counties and precincts listed in paragraph (a) 3685
of this subsection as such boundaries existed on October 1, 1990. 3686
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ST: Early voting; authorize at the office of
the registrar and additional early voting
polling places.
SECTION 84. Section 23-15-321, Mississippi Code of 1972, is 3687
amended as follows: 3688
23-15-321. Nomination of candidates for the office of 3689
Commissioner of the Yazoo-Mississippi Delta Levee District, by any 3690
political party, shall be made by counties, or parts of a county 3691
having a levee commissioner, and the primary elections for that 3692
purpose shall be held on the second Tuesday in March. The 3693
qualification deadline for such election shall be by 5:00 p.m. 3694
seventy-five (75) days before the early voting period begins for 3695
congressional preference primary in years in which a congressional 3696
preference primary is held. If seventy-five (75) days before the 3697
early voting period begins for congressional preference primary in 3698
years in which a congressional preference primary is held, occurs 3699
on a Saturday, Sunday or legal holiday, then the qualifying 3700
deadline shall be by 5:00 p.m. on the business day immediately 3701
following the Saturday, Sunday or legal holiday. The general 3702
primary election laws shall apply to and govern the nomination of 3703
candidates for the office of commissioner for the said levee 3704
districts in so far as they may be applicable. 3705
SECTION 85. This act shall take effect and be in force from 3706
and after July 1, 2026. 3707