Starkville High School AP Government Class of 2019 Motor Voter Act; create procedure for automatic registration of voters.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Taylor, Sanders

HOUSE BILL NO. 680

AN ACT TO CREATE THE "STARKVILLE HIGH SCHOOL AP GOVERNMENT 1
CLASS OF 2019 MOTOR VOTER ACT"; TO AUTHORIZE ANY PERSON WHO IS 2
QUALIFIED TO REGISTER TO VOTE IN THE STATE OF MISSISSIPPI TO 3
REGISTER TO VOTE WHEN THAT PERSON APPLIES FOR THE ISSUANCE, 4
RENEWAL OR CHANGE OF ADDRESS OF A MOTOR VEHICLE DRIVER'S LICENSE 5
OR OFFICIAL IDENTIFICATION CARD; TO REQUIRE THE DEPARTMENT OF 6
PUBLIC SAFETY TO OBTAIN CERTAIN INFORMATION FROM A PERSON WHO 7
DESIRES TO REGISTER TO VOTE WHILE APPLYING FOR THE ISSUANCE, 8
RENEWAL OR CHANGE OF ADDRESS OF A MOTOR VEHICLE DRIVER'S LICENSE 9
OR OFFICIAL IDENTIFICATION CARD; TO PROVIDE AN OPT-OUT PROCEDURE 10
FOR PERSONS WHO CHOOSE NOT TO REGISTER TO VOTE WHILE APPLYING FOR 11
THE ISSUANCE, RENEWAL OR CHANGE OF ADDRESS OF A MOTOR VEHICLE 12
DRIVER'S LICENSE OR OFFICIAL IDENTIFICATION CARD; TO PROVIDE FOR 13
THE FORWARDING OF VOTER REGISTRATION APPLICATIONS TO THE PERSON'S 14
COUNTY OF RESIDENCE; TO AMEND SECTIONS 23-15-11, 23-15-33, 15
23-15-35, 23-15-39, 23-15-41, 23-15-79, 23-15-95 AND 63-1-19, 16
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS 17
ACT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. (1) Any person who is qualified to register to 20
vote in the State of Mississippi may register to vote when that 21
person applies for the issuance, renewal or change of address of a 22
motor vehicle driver's license or official identification card in 23
the manner prescribed in this section. 24
(2) The Mississippi Department of Public Safety shall, with 25
the support of the Secretary of State, obtain, as an integral and 26
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simultaneous part of every process of application for the 27
issuance, renewal or change of address of a motor vehicle driver's 28
license or official identification card pursuant to Sections 29
45-35-1 through 45-35-67, the following information from each 30
applicant: 31
(a) Full name, including first, middle, last and any 32
premarital names; 33
(b) Date of birth; 34
(c) Residence address and mailing address, if 35
different; 36
(d) The applicant's electronic signature; 37
(e) Telephone number, if available; 38
(f) Email address, if available; 39
(g) Driver's license number and last four (4) digits of 40
social security number; 41
(h) A written statement made under the penalty of 42
perjury that the applicant: 43
(i) Is a citizen of the United States of America; 44
(ii) Is eighteen (18) years of age or older, or 45
will be eighteen (18) years of age or older on or before the date 46
of the general election and is duly registered to vote not less 47
than thirty (30) days before the primary election associated with 48
the general election; 49
(iii) Has resided in this state for thirty (30) 50
days and for thirty (30) days in the county in which he or she 51
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seeks to vote, and for thirty (30) days in the incorporated 52
municipality in which he or she seeks to vote; 53
(iv) Has been duly registered as an elector under 54
Section 23-15-33; and 55
(v) Has never been convicted of vote fraud or of 56
any crime listed in Section 241, Mississippi Constitution of 1890; 57
(i) Whether the applicant affirmatively declined to 58
become registered to vote during the transaction with the 59
Mississippi Department of Public Safety; 60
(j) Date of application; and 61
(k) Any other information in the rules adopted by the 62
Mississippi Department of Public Safety and the Secretary of State 63
to implement this section. 64
(3) Unless the applicant affirmatively declines to become 65
registered to vote or update his or her voter registration during 66
the transaction with the Mississippi Department of Public Safety, 67
the department shall release all of the information obtained 68
pursuant to subsection (2) of this section to the Secretary of 69
State, who shall forward the information to the county registrar 70
of the applicant's county of residence to process the newly 71
registered voter or update information for the already-registered 72
voter pursuant to law. Notwithstanding any other provision of 73
law, if the applicant affirmatively declines to become registered 74
to vote, the Mississippi Department of Public Safety shall release 75
the applicant's first name, middle name, last name, premarital 76
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name, if applicable, complete residence address, complete date of 77
birth and electronic signature, which were entered in the 78
department's records for driver's license or official 79
identification card purposes, to the Secretary of State in order 80
to facilitate any future attempt of the applicant to register to 81
vote, along with the notation that the applicant affirmatively 82
declined to become registered at that time. The Mississippi 83
Department of Public Safety shall notify the applicant that by 84
submitting his or her signature, the applicant grants written 85
consent for the submission of the information obtained and 86
required to be submitted to the Secretary of State pursuant to 87
this section. 88
(4) Information regarding a person's failure to sign the 89
voter registration application is confidential and may not be used 90
for any purpose other than to determine voter registration. 91
(5) An application for voter registration submitted pursuant 92
to the provisions of this section updates a previous voter 93
registration by the applicant and authorizes the cancellation of 94
registration in any other county or state in which the applicant 95
was previously registered. 96
(6) A change of address from one (1) residence to another 97
within the same county that is submitted for driver's license or 98
official identification card purposes in accordance with 99
applicable law serves as a notice of change of address for voter 100
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registration purposes if requested by the applicant after notice 101
and written consent of the applicant. 102
(7) Completed applications for voter registration or change 103
of address for voting purposes received by the Mississippi 104
Department of Public Safety shall be forwarded to the Secretary of 105
State within five (5) days of receipt. The Secretary of State 106
shall file any forms that have not been signed by the applicant 107
and shall forward completed, signed applications to the clerk of 108
the appropriate county election commission within five (5) days of 109
receipt. 110
(8) Voter registration application forms containing voter 111
information which are returned to a driver's license office 112
unsigned shall be collected by the Mississippi Department of 113
Public Safety, submitted to the Secretary of State and maintained 114
by the Secretary of State's office according to the retention 115
policy for such records adopted by the Secretary of State. 116
(9) The Secretary of State shall establish procedures to 117
protect the confidentiality of the information obtained from the 118
Mississippi Department of Public Safety, including any information 119
otherwise required to be confidential by other provisions of the 120
law. 121
(10) A person registered to vote pursuant to this section 122
may cancel his or her voter registration at any time by any method 123
available to any other registered voter. 124
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(11) A person who attempts to register to vote pursuant to 125
this section may appeal a denial of his or her voter registration 126
as provided in this chapter. 127
(12) This section shall not be construed as requiring the 128
Mississippi Department of Public Safety to determine eligibility 129
for voter registration and voting. 130
(13) A voter registration application completed pursuant to 131
this section shall be a completed application for voter 132
registration. 133
(14) This section shall be known and may be cited as the 134
"Starkville High School AP Government Class of 2019 Motor Voter 135
Act." 136
SECTION 2. Section 23-15-11, Mississippi Code of 1972, is 137
amended as follows: 138
23-15-11. Every inhabitant of this state, except persons 139
adjudicated to be non compos mentis, who is a citizen of the 140
United States of America, eighteen (18) years old and upwards, who 141
has resided in this state for thirty (30) days and for thirty (30) 142
days in the county in which he or she seeks to vote, and for 143
thirty (30) days in the incorporated municipality in which he or 144
she seeks to vote, and who has been duly registered as an elector 145
under Section 23-15-33 or Section 1 of this act, and who has never 146
been convicted of vote fraud or of any crime listed in Section 147
241, Mississippi Constitution of 1890, shall be a qualified 148
elector in and for the county, municipality and voting precinct of 149
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his or her residence, and shall be entitled to vote at any 150
election upon compliance with Section 23-15-563. If the thirtieth 151
day to register before an election falls on a Sunday or legal 152
holiday, the registration applications submitted on the business 153
day immediately following the Sunday or legal holiday shall be 154
accepted and entered in the Statewide Elections Management System 155
for the purpose of enabling voters to vote in the next election. 156
Any person who will be eighteen (18) years of age or older on or 157
before the date of the general election and who is duly registered 158
to vote not less than thirty (30) days before the primary election 159
associated with the general election, may vote in the primary 160
election even though the person has not reached his or her 161
eighteenth birthday at the time that the person seeks to vote at 162
the primary election. No others than those specified in this 163
section shall be entitled, or shall be allowed, to vote at any 164
election. 165
SECTION 3. Section 23-15-33, Mississippi Code of 1972, is 166
amended as follows: 167
23-15-33. (1) Every person entitled to be registered as an 168
elector in compliance with the laws of this state and who has 169
signed his or her name on and properly completed the application 170
for registration to vote shall be registered by the county 171
registrar in the voting precinct of the residence of such person 172
through the Statewide Elections Management System. 173
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(2) Every person entitled to be registered as an elector in 174
compliance with the laws of this state and who registers to vote 175
pursuant to the National Voter Registration Act of 1993 shall be 176
registered by the county registrar in the voting precinct of the 177
residence of such person through the Statewide Elections 178
Management System. 179
(3) Every person entitled to be registered as an elector in 180
compliance with the laws of this state and who registers to vote 181
pursuant to Section 1 of this act shall be registered by the 182
registrar in the voting precinct of the residence of such person 183
through the Statewide Elections Management System. 184
SECTION 4. Section 23-15-35, Mississippi Code of 1972, is 185
amended as follows: 186
23-15-35. (1) The clerk of the municipality shall be the 187
registrar of voters of the municipality, and shall take the oath 188
of office prescribed by Section 268 of the Constitution. The 189
municipal registration shall conform to the county registration 190
which shall be a part of the official record of registered voters 191
as contained in the Statewide Elections Management System. The 192
municipal clerk shall comply with all the provisions of law 193
regarding the registration of voters, including the use of the 194
voter registration applications used by county registrars and 195
prescribed by the Secretary of State under Sections 23-15-39 and 196
23-15-47 and under the provisions of Section 1 of this act. 197
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(2) The municipal clerk shall be authorized to register 198
applicants as county electors. The municipal clerk shall forward 199
notice of registration, a copy of the application for 200
registration, and any changes to the registration when they occur, 201
either by certified mail to the county registrar or by personal 202
delivery to the county registrar provided that a numbered receipt 203
is signed by the county registrar in return for the described 204
documents. Upon receipt of the copy of the application for 205
registration or changes to the registration, and if a review of 206
the application indicates that the applicant meets all the 207
criteria necessary to qualify as a county elector, then the county 208
registrar shall make a determination of the county voting precinct 209
in which the person making the application shall be required to 210
vote. The county registrar shall send this county voting precinct 211
information by United States first-class mail, postage prepaid, to 212
the person at the address provided on the application. Any 213
mailing costs incurred by the municipal clerk or the county 214
registrar in effectuating this subsection (2) shall be paid by the 215
county board of supervisors. If a review of the copy of the 216
application for registration or changes to the registration 217
indicates that the applicant is not qualified to vote in the 218
county, the county registrar shall challenge the application. The 219
county election commissioners shall review any challenge or 220
disqualification, after having notified the applicant by certified 221
mail of the challenge or disqualification. 222
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(3) The municipal clerk shall issue to the person making the 223
application a copy of the application and the county registrar 224
shall process the application in accordance with the law regarding 225
the handling of voter registration applications. 226
(4) The receipt of a copy of the application for 227
registration sent pursuant to Section 23-15-39(3) shall be 228
sufficient to allow the applicant to be registered as an elector 229
in the municipality, provided that such application is not 230
challenged as provided for therein. 231
(5) The municipal clerk of each municipality shall provide 232
the county registrar in which the municipality is located the 233
information necessary to conform the municipal registration to the 234
county registration which shall be a part of the official record 235
of registered voters as contained in the Statewide Elections 236
Management System. If any changes to the information occur as a 237
result of redistricting, annexation or other reason, it shall be 238
the responsibility of the municipal clerk to timely provide the 239
changes to the county registrar. The location of a polling place 240
shall not be altered within sixty (60) days of any primary, 241
general, runoff or special election unless exigent circumstances 242
exist. If the governing authorities find that exigent 243
circumstances exist where a polling place needs to be altered 244
within sixty (60) days of an election, then their reasons for 245
making that decision shall be spread upon the minutes at their 246
next scheduled meeting. When the location of a polling place is 247
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altered within sixty (60) days of an election, public notice of 248
the change shall be posted at city hall, the courthouse, the 249
registrar's office, the previous polling place location if it is a 250
public building, and for three (3) consecutive weeks, or each week 251
before the election if the alteration happens within three (3) 252
weeks of the election, in a newspaper that is circulated in the 253
area. 254
SECTION 5. Section 23-15-39, Mississippi Code of 1972, is 255
amended as follows: 256
23-15-39. (1) Applications for registration as electors of 257
this state, which are sworn to and subscribed before the registrar 258
or deputy registrar authorized by law and which are not made by 259
mail or pursuant to the provisions of Section 1 of this act, shall 260
be made upon a form established by rule duly adopted by the 261
Secretary of State. 262
(2) The boards of supervisors shall make proper allowances 263
for office supplies reasonably necessitated by the registration of 264
county electors. 265
(3) If the applicant indicates on the application that he or 266
she resides within the city limits of a city or town in the county 267
of registration, the county registrar shall process the 268
application for registration or changes to the registration as 269
provided by law. 270
(4) If the applicant indicates on the application that he or 271
she has previously registered to vote in another county of this 272
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state or another state, notice to the voter's previous county of 273
registration in this state shall be provided by the Statewide 274
Elections Management System. If the voter's previous place of 275
registration was in another state, notice shall be provided to the 276
voter's previous state of residence if the Statewide Elections 277
Management System has that capability. 278
(5) The county registrar shall provide to the person making 279
the application a copy of the application upon which has been 280
written the county voting precinct and municipal voting precinct, 281
if any, in which the person shall vote. Upon entry of the voter 282
registration information into the Statewide Elections Management 283
System, the system shall assign a voter registration number to the 284
person, and the county registrar shall mail the applicant a voter 285
registration card to the mailing address provided on the 286
application. 287
(6) Any person desiring an application for registration may 288
secure an application from the registrar of the county of which he 289
or she is a resident and may take the application with him or her 290
and secure assistance in completing the application from any 291
person of the applicant's choice. It shall be the duty of all 292
registrars to furnish applications for registration to all persons 293
requesting them, and it shall likewise be the registrar's duty to 294
furnish aid and assistance in the completing of the application 295
when requested by an applicant. The application for registration 296
shall be sworn to and subscribed before the registrar or deputy 297
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registrar at the municipal clerk's office, the county registrar's 298
office or any other location where the applicant is allowed to 299
register to vote. The registrar shall not charge a fee or cost to 300
the applicant for accepting the application or administering the 301
oath or for any other duty imposed by law regarding the 302
registration of electors. 303
(7) If the person making the application is unable to read 304
or write, for reason of disability or otherwise, he or she shall 305
not be required to personally complete the application in writing 306
and execute the oath. In such cases, the registrar or deputy 307
registrar shall read the application and oath to the person and 308
the person's answers thereto shall be recorded by the registrar or 309
the registrar's deputy. The person shall be registered as an 310
elector if he or she otherwise meets the requirements to be 311
registered as an elector. The registrar shall record the 312
responses of the person and the recorded responses shall be 313
retained permanently by the registrar. The county registrar shall 314
enter the voter registration information into the Statewide 315
Elections Management System and designate the entry as an assisted 316
filing. 317
(8) The receipt of a copy of the application for 318
registration sent pursuant to Section 23-15-35(2) shall be 319
sufficient to allow the applicant to be registered as an elector 320
of this state, if the application is not challenged. 321
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(9) In any case in which the corporate boundaries of a 322
municipality change, whether by annexation or redistricting, the 323
municipal clerk shall, within ten (10) days after approval of the 324
change in corporate boundaries, provide to the county registrar 325
conforming geographic data that is compatible with the Statewide 326
Elections Management System. The data shall be developed by the 327
municipality's use of a standardized format specified by the 328
Statewide Elections Management System. The county registrar, 329
county election commissioner or other county official, who has 330
completed an annual training seminar sponsored by the Secretary of 331
State pertaining to the implementation of new boundary lines in 332
the Statewide Elections Management System and received 333
certification for that training, shall update the municipal 334
boundary information into the Statewide Elections Management 335
System. The Statewide Elections Management System updates the 336
municipal voter registration records and assigns electors to their 337
municipal voting precincts. The county registrar shall forward to 338
the municipal clerk written notification of the additions and 339
changes, and the municipal clerk shall forward to the affected 340
municipal electors written notification of the additions and 341
changes. 342
SECTION 6. Section 23-15-41, Mississippi Code of 1972, is 343
amended as follows: 344
23-15-41. (1) When an applicant to register to vote has 345
completed the application form as prescribed by administrative 346
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rule or pursuant to Section 1 of this act, the county registrar 347
shall enter the applicant's information into the Statewide 348
Elections Management System where the applicant's status will be 349
marked as "ACTIVE," "PENDING" or "REJECTED," and the applicant 350
shall be entitled to register upon his or her request for 351
registration made in person to the registrar, or deputy registrar 352
if a deputy registrar has been appointed. Except as otherwise 353
provided in Section 1 of this act, no person other than the 354
registrar, or a deputy registrar, shall register any applicant. 355
(2) If an applicant is not qualified to register to vote, 356
then the registrar shall enter the applicant's information into 357
the Statewide Elections Management System and mark the applicant's 358
status as "PENDING" or "REJECTED," with the specific reason or 359
reasons for that status noted. The registrar shall notify the 360
election commission of those applicants rejected. 361
SECTION 7. Section 23-15-79, Mississippi Code of 1972, is 362
amended as follows: 363
23-15-79. (1) Unless the application for registration was 364
made pursuant to Section 23-15-47 or Section 1 of this act, the 365
date of registration to vote shall be the date the application for 366
registration to vote was initially received by the registrar or, 367
if submitted by mail, the postmark date, regardless of the date on 368
which the county election commission, circuit court or Supreme 369
Court, as the case may be, makes its final determination allowing 370
the registration. 371
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(2) In the case of an application for registration that has 372
been made pursuant to Section 23-15-47, the date of registration 373
to vote shall be the date the complete and legible application 374
form is received by the county registrar, or, if mailed, the 375
postmark date of the complete and legible application. 376
(3) In the case of an application for registration that has 377
been made pursuant to Section 1 of this act, the date of 378
registration to vote shall be the date the person applying for the 379
issuance, renewal or change of address of a motor vehicle driver's 380
license or official identification card in the manner prescribed 381
in Section 1 of this act completes and signs the form. 382
SECTION 8. Section 23-15-95, Mississippi Code of 1972, is 383
amended as follows: 384
23-15-95. In addition to the penalties set forth in Section 385
23-15-93, any applicant aggrieved by any registrar * * *, 386
election commissioner or the Mississippi Department of Public 387
Safety because of their refusal or neglect to perform any of the 388
duties prescribed by this chapter regarding the registration of 389
electors may petition the chancery court of the county of the 390
registrar or election commissioner for an injunction or mandate to 391
enforce the performance of such duties and to secure to that 392
applicant the rights to which he or she may be entitled under the 393
provisions of the sections. 394
SECTION 9. Section 63-1-19, Mississippi Code of 1972, is 395
amended as follows: 396
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63-1-19. (1) (a) Every applicant for a license or permit 397
issued pursuant to this article, or for renewal of such license or 398
permit, shall file an application for * * * the license, permit or 399
renewal, on a form provided by the Department of Public Safety, 400
with the commissioner or an official license examiner of the 401
department. All persons not holding valid, unexpired licenses 402
issued in this state shall be required to secure an original 403
license, except those specifically exempted from licensing under 404
Section 63-1-7. In addition to the application requirements 405
provided in Section 1 of this act, the application shall state the 406
name, date of birth, the social security number of the applicant 407
unless the applicant is not a United States citizen and does not 408
possess a social security number issued by the United States 409
government, sex, race, color of eyes, color of hair, weight, 410
height and residence address, and whether or not the applicant's 411
privilege to drive has been suspended or revoked at any time, and, 412
if so, when, by whom, and for what cause, and whether any previous 413
application by him or her has been denied, and whether he or she 414
has any physical defects * * * that would interfere with his or 415
her operating a motor vehicle safely upon the highways. 416
(b) Every applicant for an original license shall show 417
proof of domicile in this state. The commissioner shall 418
promulgate any rules and regulations necessary to enforce this 419
requirement and shall prescribe the means by which an applicant 420
for an original license may show domicile in this state. Proof of 421
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domicile shall not be required of applicants under eighteen (18) 422
years of age. 423
(c) Unless the applicant is not a United States citizen 424
and does not possess a social security number issued by the United 425
States government, each application or filing made under this 426
section shall include the social security number(s) of the 427
applicant in accordance with Section 93-11-64 * * *. 428
(2) No person who is illegally in the United States or 429
Mississippi shall be issued a license. The application of a 430
person who is not a United States citizen and who does not possess 431
a social security number issued by the United States government 432
shall state the name, date of birth, sex, race, color of eyes, 433
color of hair, weight, height and residence address, and whether 434
or not the applicant's privilege to drive has been suspended or 435
revoked at any time, and, if so, when, by whom, and for what 436
cause, and whether any previous application by him or her has been 437
denied, and whether he or she has any physical defects * * * that 438
would interfere with his or her operating a motor vehicle safely 439
upon the highways. The commissioner shall adopt and promulgate 440
such rules and regulations as he or she deems appropriate 441
requiring additional documents, materials, information or physical 442
evidence to be provided by the applicant as may be necessary to 443
establish the identity of the applicant and that the applicant is 444
not present in the United States or the State of Mississippi 445
illegally. 446
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(3) Whenever a person who has applied for or who has been 447
issued a license or permit under this article moves from the 448
address listed in the application or on the permit or license, or 449
whenever the name of a licensee changes by marriage or otherwise, 450
such person, within thirty (30) days thereafter, shall notify, in 451
writing, the Department of Public Safety, Driver Services 452
Division, and inform the department of his or her previous address 453
and new address and of his or her former name and new name. The 454
department shall not change the name of a licensee or permittee on 455
his or her license or permit unless the applicant appears in 456
person at an office of the department and provides a certified 457
copy of his or her marriage license, court order, birth 458
certificate or divorce decree changing the licensee's or 459
permittee's name. 460
(4) (a) Any male who is at least eighteen (18) years of age 461
but less than twenty-six (26) years of age and who applies for a 462
permit or license or a renewal of a permit or license under this 463
chapter shall be registered in compliance with the requirements of 464
Section 3 of the Military Selective Service Act, 50 USCS Section 465
3802, as amended. 466
(b) The department shall forward in an electronic 467
format the necessary personal information of the applicant to the 468
Selective Service System. The applicant's submission of the 469
application shall serve as an indication that the applicant either 470
has already registered with the Selective Service System or that 471
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ST: Starkville High School AP Government Class
of 2019 Motor Voter Act; create procedure for
automatic registration of voters.
he is authorizing the department to forward to the Selective 472
Service System the necessary information for registration. The 473
commissioner shall notify the applicant on, or as a part of, the 474
application that his submission of the application will serve as 475
his consent to registration with the Selective Service System, if 476
so required. The commissioner also shall notify any male 477
applicant under the age of eighteen (18) that he will be 478
registered upon turning age eighteen (18) as required by federal 479
law. 480
SECTION 10. Section 1 of this act shall be codified as a new 481
section in Chapter 15, Title 23, Mississippi Code of 1972. 482
SECTION 11. This act shall take effect and be in force from 483
and after July 1, 2026. 484