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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Remak
HOUSE BILL NO. 736
AN ACT TO AMEND SECTION 23-15-15, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE PROCEDURE BY WHICH A REGISTRAR VERIFIES AN 2
APPLICANT'S CITIZENSHIP UPON RECEIPT OF A COMPLETED VOTER 3
REGISTRATION APPLICATION; TO REQUIRE THE REGISTRAR TO ENTER EACH 4
APPLICANT'S INFORMATION INTO THE UNITED STATES CITIZENSHIP AND 5
IMMIGRATION SERVICE'S SYSTEMATIC ALIEN VERIFICATION FOR 6
ENTITLEMENTS (SAVE); TO REQUIRE REGISTRARS TO MAKE ANNUAL REPORTS 7
TO THE SECRETARY OF STATE REGARDING THE NUMBER OF APPLICANTS 8
FLAGGED BY A SAVE SYSTEM CHECK AND THE NUMBER REMOVED FOLLOWING 9
CONFIRMATION; TO CREATE NEW SECTION 23-15-165.1, MISSISSIPPI CODE 10
OF 1972, TO REQUIRE THE SECRETARY OF STATE TO CONDUCT TWO 11
COMPARISONS ANNUALLY OF THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM 12
RECORDS WITH THE SAVE DATABASE AND TO REPORT INELIGIBLE MATCHES TO 13
THE APPROPRIATE REGISTRAR; TO CREATE NEW SECTION 23-15-165.2, 14
MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO 15
ANNUALLY REPORT TO THE LEGISLATURE ON THE RESULTS ACHIEVED WITH 16
THE SAVE SYSTEM; TO CREATE NEW SECTION 23-15-165.3, MISSISSIPPI 17
CODE OF 1972, TO EXEMPT PERSONALLY IDENTIFIABLE INFORMATION 18
COLLECTED THROUGH USE OF THE SAVE SYSTEM FROM THE MISSISSIPPI 19
PUBLIC RECORDS ACT OF 1983; TO CREATE NEW SECTION 23-15-165.4, 20
MISSISSIPPI CODE OF 1972, TO PROVIDE FOR SEVERABILITY OF THE 21
PROVISIONS OF THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. Section 23-15-15, Mississippi Code of 1972, is 24
amended as follows: 25
23-15-15. (1) * * * Upon receiving a completed voter 26
registration application, the registrar shall enter the applicant 27
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into the Statewide Elections Management System. The * * * 28
registrar shall: 29
(a) Enter the applicant's information into the United 30
States Citizenship and Immigration Service's Systematic Alien 31
Verification for Entitlements (SAVE) or its successor database for 32
further inquiry; * * * 33
(b) Compare the Department of Public Safety's driver's 34
license and identification with the applicant's information; and 35
(c) If * * * either of the databases in paragraph (a) 36
or (b) of this subsection indicate that the applicant is not a 37
citizen, send a notice by first-class mail to the applicant's 38
mailing address provided on the voter registration application 39
inquiring whether the individual is eligible to be registered to 40
vote. The registrar may, in addition to first-class mail, contact 41
the applicant by email or telephone. 42
( * * *2) Any applicant who receives the notice under 43
paragraph (c) of subsection ( * * *1) * * * of this section shall, 44
within thirty (30) days of the receipt of such notice, provide 45
proof of citizenship to the registrar or his or her designee. 46
( * * *3) For purposes of this section, proof of citizenship 47
includes, but is not limited to: 48
(a) The applicant's birth certificate or a legible 49
photocopy of the birth certificate; 50
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(b) A United States passport, or a legible photocopy of 51
the pertinent pages of the passport, identifying the applicant and 52
showing the passport number; 53
(c) The applicant's United States naturalization 54
documentation, a legible photocopy of the naturalization 55
documentation, or the number of the applicant's Certificate of 56
Naturalization; except that any person who provides the number of 57
the Certificate of Naturalization in lieu of the naturalization 58
documentation shall not be deemed to have provided proof of 59
citizenship until the number is verified with the United States 60
Citizenship and Immigration Services in the Department of Homeland 61
Security or its successor; or 62
(d) Any document or method of proof of citizenship 63
established by the Federal Immigration Reform and Control Act of 64
1986, Public Law 99-603, compiled in 8 USC Section 1101 et seq. 65
( * * *4) If the applicant provides proof of citizenship and 66
meets all other qualifications provided by law, the registrar 67
shall register the applicant to vote. 68
( * * *5) If the applicant does not reply to the notice or 69
provide proof of citizenship, the registrar of the county, or his 70
or her designee, where the person registered to vote shall mark 71
the applicant as "PENDING" in the Statewide Elections Management 72
System until the next federal general election: 73
(a) A voter in pending status may cast an affidavit 74
ballot. The affidavit ballot shall be considered if the voter 75
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provides the required documentation under subsection ( * * *3) of 76
this section to the registrar within five (5) days of casting the 77
affidavit ballot. 78
(b) If the applicant fails to respond to the notice or 79
cast an affidavit ballot and provide the proof described in 80
subsection ( * * *3) of this section * * * during the period 81
beginning on the date the notice was sent and ending on the day 82
after the date of the second general election for federal office 83
that occurs after the date of the notice, the registrar shall mark 84
the applicant as "REJECTED" in the Statewide Elections Management 85
System. 86
(6) The registrar shall report to the Secretary of State on 87
an annual basis: 88
(a) The number of registrants flagged by a SAVE system 89
check; and 90
(b) The number removed following confirmation. 91
( * * *7) All documentation provided to show proof of 92
citizenship as well as the Department of Public Safety database or 93
relevant federal and state agency and county records shall be 94
confidential and shall not be subject to inspection, examination, 95
copying or reproduction under the Mississippi Public Records Act 96
of 1983. 97
SECTION 2. The following shall be codified as Section 98
23-15-165.1, Mississippi Code of 1972: 99
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23-15-165.1. (1) The Secretary of State shall conduct two 100
(2) checks annually of Statewide Elections Management System 101
records against the United States Citizenship and Immigration 102
Service's Systematic Alien Verification for Entitlements (SAVE) or 103
its successor database. One (1) check must occur no later than 104
one hundred eighty (180) days before a regularly scheduled federal 105
general election. 106
(2) The Secretary shall transmit any potential ineligible 107
matches to the appropriate registrar, who shall send a notice 108
under Section 23-15-15 inquiring whether the individual is 109
eligible to be registered to vote and place the voter in pending 110
verification status until the voter provides proof of citizenship 111
as outlined in subsections (2) through (5) of Section 23-15-15. 112
(3) A removal may not occur solely based on a SAVE match. 113
Cancellation may occur only upon failure to respond or 114
confirmation of ineligibility. 115
(4) A SAVE-based removal may not occur during the ninety 116
(90) days before a federal election. 117
SECTION 3. The following shall be codified as Section 118
23-15-165.2, Mississippi Code of 1972: 119
23-15-165.2. The Secretary of State shall submit an annual 120
report to the Legislature detailing: 121
(a) The number of registrants flagged by a SAVE system 122
check; 123
(b) The number removed following confirmation; and 124
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ST: Voter registration; require registrars to
submit applicant's information into federal
Systematic Alien Verification for Entitlements
(SAVE) System.
(c) Recommendations for improvement. 125
SECTION 4. The following shall be codified as Section 126
23-15-165.3, Mississippi Code of 1972: 127
23-15-165.3. SAVE data must be used in compliance with 128
federal and state data protections laws. Personally identifiable 129
information is exempt from public disclosure under the Mississippi 130
Public Records Act of 1983 (Sections 25-61-1 through 25-61-19). 131
SECTION 5. The following shall be codified as Section 132
23-15-165.4, Mississippi Code of 1972: 133
23-15-165.4. If any provision of Sections 23-15-165.1 134
through 23-15-165.4 is held invalid, the remainder shall remain in 135
effect. 136
SECTION 6. This act shall take effect and be in force from 137
and after July 1, 2026. 138