Early voting; authorize.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McCray

HOUSE BILL NO. 447

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