Read the full stored bill text
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~ G1/2
26/HR43/R709PH
PAGE 1 (ENK\KP)
To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives James-Jones, Holloway
(76th), Taylor, Denton, Burnett, Butler-
Washington, Clark, Crudup, Elliott, Faulkner,
Foster, Gibbs (72nd), Hines, Jackson (11th),
Johnson, Mickens, Nelson, Osborne, Owen,
Porter, Sanders, Holloway (27th), Summers, Anthony, Scott
HOUSE BILL NO. 788
(As Passed the House)
AN ACT TO AMEND SECTION 23-15-573, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT IF A VOTER WAS NOT A REGISTERED VOTER IN THE 2
JURISDICTION IN WHICH HE OR SHE TRIED TO VOTE BUT WAS OTHERWISE 3
ELIGIBLE TO VOTE IN THE JURISDICTION WHERE HE OR SHE TRIED TO 4
VOTE, THE VOTER'S AFFIDAVIT BALLOT SHALL BE USED AS HIS OR HER 5
REGISTRATION TO VOTE; TO AMEND SECTION 23-15-13, MISSISSIPPI CODE 6
OF 1972, TO PROVIDE THAT THE CASTING OF A VALID AFFIDAVIT BALLOT 7
MAY SERVE AS A WRITTEN REQUEST TO TRANSFER VOTING PRECINCTS OR 8
WARDS; TO AMEND SECTION 23-15-152, MISSISSIPPI CODE OF 1972, TO 9
PROVIDE THAT IF A VOTER WHO WAS MAILED A CONFIRMATION NOTICE AND 10
PLACED ON INACTIVE STATUS IN THE STATEWIDE ELECTIONS MANAGEMENT 11
SYSTEM CASTS AN AFFIDAVIT BALLOT, HE OR SHE SHALL BE RETURNED TO 12
ACTIVE STATUS IN THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; AND 13
FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. Section 23-15-573, Mississippi Code of 1972, is 16
amended as follows: 17
23-15-573. (1) If any person declares that he or she is a 18
registered voter in the jurisdiction in which he or she offers to 19
vote and that he or she is eligible to vote in the election, but 20
his or her name does not appear upon the pollbooks, or that he or 21
she is not able to cast a regular election day ballot under a 22
provision of state or federal law but is otherwise qualified to 23
vote, or that he or she has been illegally denied registration, or 24
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 2 (ENK\KP)
that he or she is unable to present an acceptable form of photo 25
identification: 26
(a) A poll manager shall notify the person that he or 27
she may cast an affidavit ballot at the election. 28
(b) The person shall be permitted to cast an affidavit 29
ballot at the polling place upon execution of a written affidavit 30
before one (1) of the poll managers stating that the individual: 31
(i) Believes he or she is a registered voter in 32
the jurisdiction in which he or she desires to vote and is 33
eligible to vote in the election; or 34
(ii) Is not able to cast a regular election day 35
ballot under a provision of state or federal law but is otherwise 36
qualified to vote; or 37
(iii) Believes that he or she has been illegally 38
denied registration; or 39
(iv) Is unable to present an acceptable form of 40
photo identification. 41
(c) The poll manager shall allow the individual to mark 42
a paper ballot properly endorsed by the initialing poll manager or 43
alternate initialing poll manager in accordance with Section 44
23-15-541, which shall be delivered by him or her to the proper 45
election official who shall enclose it in an affidavit ballot 46
envelope, with the written and signed affidavit of the voter 47
affixed to the envelope, seal the envelope and mark plainly upon 48
it the name of the person offering to vote. 49
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 3 (ENK\KP)
(2) The affidavit ballot envelope shall include: 50
(a) The complete name of the voter; 51
(b) A present and previous physical and mailing address 52
of the voter; 53
(c) Telephone numbers where the voter may be contacted; 54
(d) A statement that the affiant believes he or she is 55
registered to vote in the jurisdiction in which he or she offers 56
to vote; 57
(e) The signature of the affiant; and 58
(f) The signature of the poll manager at the polling 59
place at which the affiant offers to vote. 60
(3) (a) A separate receipt book shall be maintained for 61
affidavit voters and the affidavit voters shall sign the receipt 62
book upon completing the affidavit ballot. 63
(b) If the affidavit voter is casting an affidavit 64
ballot because the voter is unable to present an acceptable form 65
of photo identification and the voter's name appears in the 66
pollbook, then the poll manager shall write "NO ID" across from 67
the voter's name and in the appropriate column in the pollbook. 68
(c) In canvassing the returns of the election, the 69
executive committee in primary elections, or the election 70
commissioners in other elections, shall examine the records and 71
allow the ballot to be counted, or not counted as it appears 72
legal. 73
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 4 (ENK\KP)
(d) An affidavit ballot of a voter who was unable to 74
present an acceptable form of photo identification shall not be 75
rejected for this reason if the voter does either of the 76
following: 77
(i) Returns to the circuit clerk's office, or to 78
the municipal clerk's office for municipal elections, within five 79
(5) business days after the date of the election and presents an 80
acceptable form of photo identification; 81
(ii) Returns to the circuit clerk's office within 82
five (5) business days after the date of the election to obtain 83
the Mississippi Voter Identification Card, or in municipal 84
election, returns to the municipal clerk's office within five (5) 85
business days after the date of the election to present his or her 86
Mississippi Voter Identification Card or Temporary Mississippi 87
Voter Identification Card; or 88
(iii) Returns to the circuit clerk's office, or to 89
the municipal clerk's office for municipal elections, within five 90
(5) business days after the date of the election to execute a 91
separate Affidavit of Religious Objection. 92
(e) If a voter was not a registered voter in the 93
jurisdiction in which he or she tried to vote but was otherwise 94
eligible to vote in the election and in the jurisdiction where he 95
or she tried to vote, the voter's affidavit ballot may not be 96
counted in the election but shall be used as his or her 97
registration to vote, and his or her name shall be placed into the 98
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 5 (ENK\KP)
Statewide Elections Management System as if the voter had 99
completed a voter registration application as provided in Sections 100
23-15-31 through 23-15-49. 101
(4) When a person is offered the opportunity to vote by 102
affidavit ballot, he or she shall be provided with written 103
information that informs the person how to ascertain whether his 104
or her affidavit ballot was counted and, if the vote was not 105
counted, the reasons the vote was not counted. 106
(5) The officials in charge of the election shall process 107
all affidavit ballots by using the Statewide Elections Management 108
System. The officials in charge of the election shall account for 109
all affidavit ballots cast in each election, categorizing the 110
affidavit ballots cast by reason and recording the total number of 111
affidavit ballots counted and not counted in each such category in 112
the Statewide Elections Management System. 113
(6) The Secretary of State shall, by rule duly adopted, 114
establish a uniform affidavit ballot envelope that shall be used 115
in all elections in this state. The Secretary of State shall 116
print and distribute a sufficient number of affidavit ballot 117
envelopes to the registrar of each county for use in elections. 118
The registrar shall distribute the affidavit ballot envelopes to 119
municipal and county executive committees for use in primary 120
elections and to municipal and county election commissioners for 121
use in all other elections. 122
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 6 (ENK\KP)
(7) County registrars and municipal registrars shall 123
maintain a secure free access system that complies with the Help 124
America Vote Act of 2002, by which persons who vote by affidavit 125
ballot may determine if their ballots were counted, and if not, 126
the reasons the ballot was not counted. 127
(8) Any person who votes in any election as a result of a 128
federal or state court order or other order extending the time 129
established by law for closing the polls on an election day, may 130
only vote by affidavit ballot. Any affidavit ballot cast under 131
this subsection shall be separated and kept apart from other 132
affidavit ballots cast by voters not affected by the order. 133
SECTION 2. Section 23-15-13, Mississippi Code of 1972, is 134
amended as follows: 135
23-15-13. (1) An elector who moves from one (1) ward or 136
voting precinct to another ward within the same municipality or 137
voting precinct within the same county shall not be disqualified 138
to vote, but he or she shall be entitled to have his or her 139
registration transferred to his or her new ward or voting 140
precinct * * * if one of the following occurs: (a) the elector 141
makes a written request therefor at any time up to thirty (30) 142
days before the election at which he or she offers to vote, and if 143
the removal occurs within thirty (30) days of such election he or 144
she shall be entitled to vote in his or her new ward or voting 145
precinct by affidavit ballot as provided in Section 23-15-573; or 146
(b) the elector votes by affidavit ballot on the day of the 147
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 7 (ENK\KP)
election, without having a written request as provided in 148
subsection (a) of this section. If the affidavit ballot may not 149
be counted in the election but cast on election day without a 150
previous written request is valid, the affidavit ballot shall be 151
deemed to be a written request to transfer his or her registration 152
to his new ward or precinct, and the circuit clerk shall within 153
thirty (30) days after the election transfer his or her 154
registration to his or her new ward or precinct. If the thirtieth 155
day to transfer the elector's registration before an election 156
falls on a Sunday or legal holiday, the transfer of the elector's 157
registration submitted on the business day immediately following 158
the Sunday or legal holiday shall be accepted and entered into the 159
Statewide Elections Management System for the purpose of enabling 160
voters to vote in the next election. 161
(2) If an elector requests a change in his or her address 162
under Section 23-15-49 and the address is located in a precinct in 163
the county or municipality that differs from the precinct as 164
reflected in the then current registration records, the request 165
shall be treated in the same manner as a written request to 166
transfer the elector's registration under subsection (1) of this 167
section. 168
SECTION 3. Section 23-15-152, Mississippi Code of 1972, is 169
amended as follows: 170
23-15-152. (1) For the purposes of this section, 171
"confirmation notice" means a notice sent by the election 172
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 8 (ENK\KP)
commissioners, by forwardable mail, with return postage prepaid, 173
on a form prescribed by the Secretary of State, to a registered 174
voter to confirm the registered voter's current address. The 175
notice shall comply with all applicable requirements of the 176
National Voter Registration Act of 1993. 177
(2) The election commissioners shall send a confirmation 178
notice to the following: 179
(a) A registered voter if it appears from the United 180
States Postal Service change-of-address information that the 181
registered voter has moved to a different residence; 182
(b) A registered voter if a county election 183
commissioner or county registrar has received notice from another 184
state, or political subdivision of another state, that the 185
registered voter has registered to vote in another state; 186
(c) A registered voter who has failed to vote at least 187
once in any election or update his or her registration during a 188
period that begins in the year of a presidential preference 189
primary and extends until the next general election for President 190
of the United States that does not occur in the same year as the 191
beginning of the period; or 192
(d) A registered voter if the registrar or election 193
commissioners have received reliable information that he or she 194
has moved within or outside of the state. Reliable information 195
includes, but is not limited to: official mail returned as 196
undeliverable by the county election commission, registrar or 197
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 9 (ENK\KP)
other county or municipal office, Secretary of State; application 198
for homestead exemption filed by the voter at an address other 199
than the address of current registration; or any information from 200
another state or county entity indicating the voter no longer 201
resides at the address of voter registration. 202
No registered voter shall be sent a confirmation notice under 203
paragraph (c) of this subsection if he or she has been sent a 204
confirmation notice for those same reasons within the last six (6) 205
years. 206
(3) The county election commissioners shall place any 207
registered voter who has been sent a confirmation notice on 208
inactive status in the Statewide Elections Management System. Any 209
registered voter who is placed on inactive status shall be unable 210
to cast a regular ballot on election day but shall be able to cast 211
an affidavit ballot as provided in Section 23-15-573. Any 212
registered voter who casts an affidavit ballot shall be returned 213
to active status in the Statewide Elections Management System. 214
(4) A registered voter "fails to respond to the confirmation 215
notice" if the voter, during a period beginning on the date the 216
confirmation notice was sent and ending on the day after the date 217
of the second general election for federal office that occurs 218
after the date of the notice, fails to: 219
(a) Respond to the confirmation notice; or 220
(b) Update the elector's registration information. 221
H. B. No. 788 *HR43/R709PH* ~ OFFICIAL ~
26/HR43/R709PH
PAGE 10 (ENK\KP)
ST: Affidavit ballot; allow to serve as voter
registration in certain situations.
A registered voter who votes at least once in any election in 222
the registered voter's county or municipality of registration 223
during the period beginning from the date of the delivery of the 224
confirmation notice provided in this subsection (4) or who is 225
active or reserve military or who serves on jury duty or responds 226
to a summons for jury duty shall not be purged from the Statewide 227
Elections Management System. 228
(5) The county registrar or county election commission shall 229
move those registered voters who fail to respond to the 230
confirmation notice as provided in subsection (4) of this section 231
and who fail to vote as provided in subsection (4) of this section 232
to purged status in the Statewide Elections Management System. 233
(6) No systematic list maintenance shall occur during the 234
ninety (90) days immediately preceding a federal primary or 235
general election which is limited to moving a voter to inactive 236
status in subsection (2) of this section or purged status in 237
subsection (5) of this section. 238
(7) The county registrar shall retain purged voter 239
registration records after they are purged for a period that 240
includes at least two (2) federal general elections and shall 241
record the reason for the removal. 242
SECTION 4. This act shall take effect and be in force from 243
and after July 1, 2028. 244