Voter roll purge; require Secretary of State to post notice of each time the purge occurs.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Nelson

HOUSE BILL NO. 452

AN ACT TO AMEND SECTIONS 23-15-153, 23-15-152, 23-15-125 AND 1
23-15-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY 2
OF STATE SHALL PUBLISH NOTICE ON HIS WEBSITE EACH TIME A VOTER 3
ROLL PURGE OCCURS AND THE DATE UPON WHICH IT OCCURRED; TO PROVIDE 4
THAT SUCH INFORMATION SHALL REMAIN ON THE SECRETARY OF STATE'S 5
WEBSITE FOR AT LEAST ONE YEAR AFTER THE PURGE; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 23-15-153, Mississippi Code of 1972, is 9
amended as follows: 10
23-15-153. (1) At least during the following times, the 11
election commissioners shall meet at the office of the registrar 12
or the office of the election commissioners to carefully revise 13
the county voter roll as electronically maintained by the 14
Statewide Elections Management System and remove from the roll the 15
names of all voters who have requested to be purged from the voter 16
roll, died, received an adjudication of non compos mentis, been 17
convicted of a disenfranchising crime, failed to comply with the 18
provisions of Section 23-15-152, or otherwise become disqualified 19
as electors for any cause, and shall register the names of all 20
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persons who have duly applied to be registered but have been 21
illegally denied registration: 22
(a) On the Tuesday after the second Monday in January 23
1987 and every following year; 24
(b) On the first Tuesday in the month immediately 25
preceding the first primary election for members of Congress in 26
the years when members of Congress are elected; 27
(c) On the first Monday in the month immediately 28
preceding the first primary election for state, state district 29
legislative, county and county district offices in the years in 30
which those offices are elected; and 31
(d) On the second Monday of September preceding the 32
general election or regular special election day in years in which 33
a general election is not conducted. 34
Except for the names of those voters who are duly qualified 35
to vote in the election, no name shall be permitted to remain in 36
the Statewide Elections Management System; however, no name shall 37
be purged from the Statewide Elections Management System based on 38
a change in the residence of an elector except in accordance with 39
procedures provided for by the National Voter Registration Act of 40
1993 and as provided in Section 23-15-152. Except as otherwise 41
provided by Section 23-15-573, no person shall vote at any 42
election whose name is not in the county voter roll electronically 43
maintained by the Statewide Elections Management System. The 44
Secretary of State shall publish notice on his website each time a 45
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voter roll purge occurs and the date upon which it occurred. Such 46
information shall remain on the Secretary of State's website for 47
at least one (1) year after the purge. 48
(2) Except as provided in this section, and subject to the 49
following annual limitations, the election commissioners shall be 50
entitled to receive a per diem in the amount of One Hundred Ten 51
Dollars ($110.00), to be paid from the county general fund, for 52
every day or period of no less than five (5) hours accumulated 53
over two (2) or more days actually employed in the performance of 54
their duties in the conduct of an election or actually employed in 55
the performance of their duties for the necessary time spent in 56
the revision of the county voter roll as electronically maintained 57
by the Statewide Elections Management System as required in 58
subsection (1) of this section: 59
(a) In counties having less than fifteen thousand 60
(15,000) residents according to the latest federal decennial 61
census, not more than fifty (50) days per year, with no more than 62
fifteen (15) additional days allowed for the conduct of each 63
election in excess of one (1) occurring in any calendar year; 64
(b) In counties having fifteen thousand (15,000) 65
residents according to the latest federal decennial census but 66
less than thirty thousand (30,000) residents according to the 67
latest federal decennial census, not more than seventy-five (75) 68
days per year, with no more than twenty-five (25) additional days 69
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allowed for the conduct of each election in excess of one (1) 70
occurring in any calendar year; 71
(c) In counties having thirty thousand (30,000) 72
residents according to the latest federal decennial census but 73
less than seventy thousand (70,000) residents according to the 74
latest federal decennial census, not more than one hundred (100) 75
days per year, with no more than thirty-five (35) additional days 76
allowed for the conduct of each election in excess of one (l) 77
occurring in any calendar year; 78
(d) In counties having seventy thousand (70,000) 79
residents according to the latest federal decennial census but 80
less than ninety thousand (90,000) residents according to the 81
latest federal decennial census, not more than one hundred 82
twenty-five (125) days per year, with no more than forty-five (45) 83
additional days allowed for the conduct of each election in excess 84
of one (1) occurring in any calendar year; 85
(e) In counties having ninety thousand (90,000) 86
residents according to the latest federal decennial census but 87
less than one hundred seventy thousand (170,000) residents 88
according to the latest federal decennial census, not more than 89
one hundred fifty (150) days per year, with no more than 90
fifty-five (55) additional days allowed for the conduct of each 91
election in excess of one (1) occurring in any calendar year; 92
(f) In counties having one hundred seventy thousand 93
(170,000) residents according to the latest federal decennial 94
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census but less than two hundred thousand (200,000) residents 95
according to the latest federal decennial census, not more than 96
one hundred seventy-five (175) days per year, with no more than 97
sixty-five (65) additional days allowed for the conduct of each 98
election in excess of one (1) occurring in any calendar year; 99
(g) In counties having two hundred thousand (200,000) 100
residents according to the latest federal decennial census but 101
less than two hundred twenty-five thousand (225,000) residents 102
according to the latest federal decennial census, not more than 103
one hundred ninety (190) days per year, with no more than 104
seventy-five (75) additional days allowed for the conduct of each 105
election in excess of one (l) occurring in any calendar year; 106
(h) In counties having two hundred twenty-five thousand 107
(225,000) residents according to the latest federal decennial 108
census but less than two hundred fifty thousand (250,000) 109
residents according to the latest federal decennial census, not 110
more than two hundred fifteen (215) days per year, with no more 111
than eighty-five (85) additional days allowed for the conduct of 112
each election in excess of one (1) occurring in any calendar year; 113
(i) In counties having two hundred fifty thousand 114
(250,000) residents according to the latest federal decennial 115
census but less than two hundred seventy-five thousand (275,000) 116
residents according to the latest federal decennial census, not 117
more than two hundred thirty (230) days per year, with no more 118
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than ninety-five (95) additional days allowed for the conduct of 119
each election in excess of one (1) occurring in any calendar year; 120
(j) In counties having two hundred seventy-five 121
thousand (275,000) residents according to the latest federal 122
decennial census or more, not more than two hundred forty (240) 123
days per year, with no more than one hundred five (105) additional 124
days allowed for the conduct of each election in excess of one (l) 125
occurring in any calendar year. 126
(3) In addition to the number of days authorized in 127
subsection (2) of this section, the board of supervisors of a 128
county may authorize, in its discretion, the election 129
commissioners to receive a per diem in the amount provided for in 130
subsection (2) of this section, to be paid from the county general 131
fund, for every day or period of no less than five (5) hours 132
accumulated over two (2) or more days actually employed in the 133
performance of their duties in the conduct of an election or 134
actually employed in the performance of their duties for the 135
necessary time spent in the revision of the county voter roll as 136
electronically maintained by the Statewide Elections Management 137
System as required in subsection (1) of this section, not to 138
exceed five (5) days. 139
(4) (a) The election commissioners shall be entitled to 140
receive a per diem in the amount of One Hundred Ten Dollars 141
($110.00), to be paid from the county general fund, not to exceed 142
ten (10) days for every day or period of no less than five (5) 143
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hours accumulated over two (2) or more days actually employed in 144
the performance of their duties for the necessary time spent in 145
the revision of the county voter roll as electronically maintained 146
by the Statewide Elections Management System before any special 147
election. For purposes of this paragraph, the regular special 148
election day shall not be considered a special election. The 149
annual limitations set forth in subsection (2) of this section 150
shall not apply to this paragraph. 151
(b) The election commissioners shall be entitled to 152
receive a per diem in the amount of One Hundred Sixty-five Dollars 153
($165.00), to be paid from the county general fund, for the 154
performance of their duties on the day of any primary, runoff, 155
general or special election; however, the board of supervisors 156
may, in its discretion, pay the election commissioners an 157
additional amount not to exceed Thirty-five Dollars ($35.00) per 158
election. The annual limitations set forth in subsection (2) of 159
this section shall apply to this paragraph. 160
(5) The election commissioners shall be entitled to receive 161
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 162
be paid from the county general fund, not to exceed fourteen (14) 163
days for every day or period of no less than five (5) hours 164
accumulated over two (2) or more days actually employed in the 165
performance of their duties for the necessary time spent in the 166
revision of the county voter roll as electronically maintained by 167
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the Statewide Elections Management System and in the conduct of a 168
runoff election following either a general or special election. 169
(6) The election commissioners shall be entitled to receive 170
only one (1) per diem payment for those days when the election 171
commissioners discharge more than one (1) duty or responsibility 172
on the same day. 173
(7) The election commissioners shall be entitled to receive 174
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 175
be paid from the county general fund, not to exceed five (5) days 176
for every day or period of no less than five (5) hours accumulated 177
over two (2) or more days for those days when the election 178
commissioners shall be required to conduct an audit of an election 179
as provided in Section 23-15-615. 180
(8) In preparation for a municipal primary, runoff, general 181
or special election, the county registrar shall generate and 182
distribute the master voter roll and pollbooks from the Statewide 183
Elections Management System for the municipality located within 184
the county. The municipality shall pay the county registrar for 185
the actual cost of preparing and printing the municipal master 186
voter roll pollbooks. A municipality may secure "read only" 187
access to the Statewide Elections Management System and print its 188
own pollbooks using this information. 189
(9) County election commissioners who perform the duties of 190
an executive committee with regard to the conduct of a primary 191
election under a written agreement authorized by law to be entered 192
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into with an executive committee shall receive per diem as 193
provided for in subsection (2) of this section. The days that 194
county election commissioners are employed in the conduct of a 195
primary election shall be treated the same as days county election 196
commissioners are employed in the conduct of other elections. 197
(10) In addition to any per diem authorized by this section, 198
any election commissioner shall be entitled to the mileage 199
reimbursement rate allowable to federal employees for the use of a 200
privately owned vehicle while on official travel on election day. 201
(11) Every election commissioner shall sign personally a 202
certification setting forth the number of hours actually worked in 203
the performance of the commissioner's official duties and for 204
which the commissioner seeks compensation. The certification must 205
be on a form as prescribed in this subsection. The commissioner's 206
signature is, as a matter of law, made under the commissioner's 207
oath of office and under penalties of perjury. 208
The certification form shall be as follows: 209
COUNTY ELECTION COMMISSIONER 210
PER DIEM CLAIM FORM 211
NAME: ____________________________ COUNTY: _______________ 212
ADDRESS: _________________________ DISTRICT: _____________ 213
CITY: ______________ ZIP: ________ 214
PURPOSE APPLICABLE ACTUAL PER DIEM 215
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 216
WORKED TIME TIME WORK SECTION WORKED EARNED 217
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________________________________________________________________ 218
________________________________________________________________ 219
________________________________________________________________ 220
TOTAL NUMBER OF PER DIEM DAYS EARNED 221
EXCLUDING ELECTION DAYS ________ 222
PER DIEM RATE PER DAY EARNED X $110.00 223
TOTAL NUMBER PER DIEM DAYS EARNED 224
FOR ELECTION DAYS ________ 225
PER DIEM RATE PER DAY EARNED X $165.00 226
BOARD OF SUPERVISORS ELECTION DAY 227
DISCRETIONARY ADDITION(S) 228
TO PER DIEM RATE PER DAY EARNED X $35.00 229
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 230
I understand that I am signing this document under my oath as 231
an election commissioner and under penalties of perjury. 232
I understand that I am requesting payment from taxpayer funds 233
and that I have an obligation to be specific and truthful as to 234
the amount of hours worked and the compensation I am requesting. 235
Signed this the _____ day of ______________, ____. 236
________________________ 237
Commissioner's Signature 238
When properly completed and signed, the certification must be 239
filed with the clerk of the county board of supervisors before any 240
payment may be made. The certification will be a public record 241
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available for inspection and reproduction immediately upon the 242
oral or written request of any person. 243
Any person may contest the accuracy of the certification in 244
any respect by notifying the chair of the commission, any member 245
of the board of supervisors or the clerk of the board of 246
supervisors of the contest at any time before or after payment is 247
made. If the contest is made before payment is made, no payment 248
shall be made as to the contested certificate until the contest is 249
finally disposed of. The person filing the contest shall be 250
entitled to a full hearing, and the clerk of the board of 251
supervisors shall issue subpoenas upon request of the contestor 252
compelling the attendance of witnesses and production of documents 253
and things. The contestor shall have the right to appeal de novo 254
to the circuit court of the involved county, which appeal must be 255
perfected within thirty (30) days from a final decision of the 256
commission, the clerk of the board of supervisors or the board of 257
supervisors, as the case may be. 258
Any contestor who successfully contests any certification 259
will be awarded all expenses incident to his or her contest, 260
together with reasonable attorney's fees, which will be awarded 261
upon petition to the chancery court of the involved county upon 262
final disposition of the contest before the election commission, 263
board of supervisors, clerk of the board of supervisors, or, in 264
case of an appeal, final disposition by the court. The 265
commissioner against whom the contest is decided shall be liable 266
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for the payment of the expenses and attorney's fees, and the 267
county shall be jointly and severally liable for same. 268
(12) Any election commissioner who has not received a 269
certificate issued by the Secretary of State pursuant to Section 270
23-15-211 indicating that the election commissioner has received 271
the required elections seminar instruction and that the election 272
commissioner is fully qualified to conduct an election, shall not 273
receive any compensation authorized by this section or Section 274
23-15-239. 275
SECTION 2. Section 23-15-152, Mississippi Code of 1972, is 276
amended as follows: 277
23-15-152. (1) For the purposes of this section, 278
"confirmation notice" means a notice sent by the election 279
commissioners, by forwardable mail, with return postage prepaid, 280
on a form prescribed by the Secretary of State, to a registered 281
voter to confirm the registered voter's current address. The 282
notice shall comply with all applicable requirements of the 283
National Voter Registration Act of 1993. 284
(2) The election commissioners shall send a confirmation 285
notice to the following: 286
(a) A registered voter if it appears from the United 287
States Postal Service change-of-address information that the 288
registered voter has moved to a different residence; 289
(b) A registered voter if a county election 290
commissioner or county registrar has received notice from another 291
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state, or political subdivision of another state, that the 292
registered voter has registered to vote in another state; 293
(c) A registered voter who has failed to vote at least 294
once in any election or update his or her registration during a 295
period that begins in the year of a presidential preference 296
primary and extends until the next general election for President 297
of the United States that does not occur in the same year as the 298
beginning of the period; or 299
(d) A registered voter if the registrar or election 300
commissioners have received reliable information that he or she 301
has moved within or outside of the state. Reliable information 302
includes, but is not limited to: official mail returned as 303
undeliverable by the county election commission, registrar or 304
other county or municipal office, Secretary of State; application 305
for homestead exemption filed by the voter at an address other 306
than the address of current registration; or any information from 307
another state or county entity indicating the voter no longer 308
resides at the address of voter registration. 309
No registered voter shall be sent a confirmation notice under 310
paragraph (c) of this subsection if he or she has been sent a 311
confirmation notice for those same reasons within the last six (6) 312
years. 313
(3) The county election commissioners shall place any 314
registered voter who has been sent a confirmation notice on 315
inactive status in the Statewide Elections Management System. Any 316
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registered voter who is placed on inactive status shall be unable 317
to cast a regular ballot on election day but shall be able to cast 318
an affidavit ballot as provided in Section 23-15-573. 319
(4) A registered voter "fails to respond to the confirmation 320
notice" if the voter, during a period beginning on the date the 321
confirmation notice was sent and ending on the day after the date 322
of the second general election for federal office that occurs 323
after the date of the notice, fails to: 324
(a) Respond to the confirmation notice; or 325
(b) Update the elector's registration information. 326
A registered voter who votes at least once in any election in 327
the registered voter's county or municipality of registration 328
during the period beginning from the date of the delivery of the 329
confirmation notice provided in this subsection (4) or who is 330
active or reserve military or who serves on jury duty or responds 331
to a summons for jury duty shall not be purged from the Statewide 332
Elections Management System. 333
(5) The county registrar or county election commission shall 334
move those registered voters who fail to respond to the 335
confirmation notice as provided in subsection (4) of this section 336
and who fail to vote as provided in subsection (4) of this section 337
to purged status in the Statewide Elections Management System. 338
The Secretary of State shall publish notice on his website each 339
time a voter roll purge occurs and the date upon which it 340
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occurred. Such information shall remain on the Secretary of 341
State's website for at least one (1) year after the purge. 342
(6) No systematic list maintenance shall occur during the 343
ninety (90) days immediately preceding a federal primary or 344
general election which is limited to moving a voter to inactive 345
status in subsection (2) of this section or purged status in 346
subsection (5) of this section. 347
(7) The county registrar shall retain purged voter 348
registration records after they are purged for a period that 349
includes at least two (2) federal general elections and shall 350
record the reason for the removal. 351
SECTION 3. Section 23-15-125, Mississippi Code of 1972, is 352
amended as follows: 353
23-15-125. The pollbook of each voting precinct shall 354
designate the voting precinct for which it is to be used, and 355
shall be ruled in appropriate columns, with printed or written 356
headings, as follows: date of registration; voter registration 357
number; name of electors; date of birth; and a number of blank 358
columns for the dates of elections. All qualified applicants who 359
register with the registrar shall be entered in the Statewide 360
Elections Management System. Only the names of those qualified 361
applicants who register within thirty (30) days before an election 362
shall appear on the pollbooks of the election; however, if the 363
thirtieth day to register before an election falls on a Sunday or 364
legal holiday, the registration applications submitted on the 365
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business day immediately following the legal holiday shall be 366
accepted and entered in the Statewide Elections Management System 367
for the purpose of enabling voters to vote in the next election. 368
When county election commissioners determine that any elector is 369
disqualified from voting, by reason of death, conviction of a 370
disenfranchising crime, removal from the jurisdiction, failure to 371
comply with the provisions of Section 23-15-152, or other legal 372
cause, that fact shall be noted in the Statewide Elections 373
Management System and the voter's name shall be purged from the 374
Statewide Elections Management System, the state's voter roll and 375
the county's pollbooks. The Secretary of State shall publish 376
notice on his website each time a voter roll purge occurs and the 377
date upon which it occurred. Such information shall remain on the 378
Secretary of State's website for at least one (1) year after the 379
purge. Nothing in this section shall preclude the use of 380
electronic pollbooks. 381
SECTION 4. Section 23-15-151, Mississippi Code of 1972, is 382
amended as follows: 383
23-15-151. The circuit clerk of each county is authorized 384
and directed to prepare and keep in his or her office a full and 385
complete list, in alphabetical order, of persons convicted of 386
voter fraud or of any crime listed in Section 241, Mississippi 387
Constitution of 1890. A certified copy of any enrollment by one 388
clerk to another will be sufficient authority for the enrollment 389
of the name, or names, in another county. A list of persons 390
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ST: Voter roll purge; require Secretary of
State to post notice of each time the purge
occurs.
convicted of voter fraud, any crime listed in Section 241, 391
Mississippi Constitution of 1890, or any crime interpreted as 392
disenfranchising in later Attorney General opinions, shall also be 393
entered into the Statewide Elections Management System on a 394
quarterly basis. Voters who have been convicted in a Mississippi 395
state court of any disenfranchising crime are not qualified 396
electors as defined by Section 23-15-11 and shall be purged or 397
otherwise removed by the county registrar or county election 398
commissioners from the Statewide Elections Management System. The 399
Secretary of State shall publish notice on his website each time a 400
voter roll purge occurs and the date upon which it occurred. Such 401
information shall remain on the Secretary of State's website for 402
at least one (1) year after the purge. 403
SECTION 5. This act shall take effect and be in force from 404
and after July 1, 2026. 405