Jury duty; reinstate person's name to master list once voting rights restored upon satisfaction of all sentencing requirements.

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To: Apportionment and
Elections; Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives James-Jones, Summers

HOUSE BILL NO. 789

AN ACT TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT A PERSON WHO IS OTHERWISE A QUALIFIED ELECTOR AND 2
HAS BEEN CONVICTED OF VOTE FRAUD, OF ANY CRIME LISTED IN SECTION 3
241, MISSISSIPPI CONSTITUTION OF 1890, OR OF ANY CRIME INTERPRETED 4
AS DISENFRANCHISING IN LATER ATTORNEY GENERAL OPINIONS, SHALL HAVE 5
HIS OR HER RIGHT TO VOTE SUSPENDED UPON CONVICTION BUT SHALL HAVE 6
HIS OR HER RIGHT TO VOTE AUTOMATICALLY RESTORED ONCE HE OR SHE HAS 7
SATISFIED ALL OF THE SENTENCING REQUIREMENTS OF THE CONVICTION; TO 8
AMEND SECTIONS 23-15-19, 23-15-125, 23-15-151, 23-15-153 AND 9
23-15-165, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 10
SECTION; TO BRING FORWARD SECTIONS 97-39-3 AND 99-19-37, 11
MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 12
TO AMEND SECTION 13-5-1 AND 13-5-8, MISSISSIPPI CODE OF 1972, TO 13
PROVIDE THAT ANY PERSON WHO HAS BEEN EXCLUDED FROM THE MASTER LIST 14
FOR JURY SERVICE BECAUSE HE OR SHE IS OTHERWISE A QUALIFIED 15
ELECTOR BUT HAS BEEN CONVICTED OF VOTE FRAUD, OF ANY CRIME LISTED 16
IN SECTION 241, MISSISSIPPI CONSTITUTION OF 1890, OR OF ANY CRIME 17
INTERPRETED AS DISENFRANCHISING IN LATER ATTORNEY GENERAL 18
OPINIONS, SHALL HAVE HIS OR HER NAME REINSTATED TO THE MASTER LIST 19
AUTOMATICALLY ONCE HE OR SHE HAS SATISFIED ALL OF THE SENTENCING 20
REQUIREMENTS OF THE CONVICTION; TO BRING FORWARD SECTION 13-5-4, 21
MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 22
AND FOR RELATED PURPOSES. 23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 24
SECTION 1. Section 23-15-11, Mississippi Code of 1972, is 25
amended as follows: 26
23-15-11. (1) Every inhabitant of this state, except 27
persons adjudicated to be non compos mentis, shall be a qualified 28
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elector in and for the county, municipality and voting precinct of 29
his or her residence and shall be entitled to vote at any election 30
upon compliance with Section 23-15-563, if he or she: 31
(a) * * * Is a citizen of the United States of 32
America * * *; 33
(b) Is eighteen (18) years old and upwards * * *; 34
(c) * * * Has resided in this state for thirty (30) 35
days and for thirty (30) days in the county in which he or she 36
seeks to vote, and for thirty (30) days in the incorporated 37
municipality in which he or she seeks to vote * * *; 38
(d) * * * Has been duly registered as an elector under 39
Section 23-15-33; and 40
(e) * * * Has never been convicted of vote fraud or of 41
any crime listed in Section 241, Mississippi Constitution of 42
1890 * * *. 43
If the thirtieth day to register before an election falls on 44
a Sunday or legal holiday, the registration applications submitted 45
on the business day immediately following the Sunday or legal 46
holiday shall be accepted and entered in the Statewide Elections 47
Management System for the purpose of enabling voters to vote in 48
the next election. 49
(2) A person who is otherwise a qualified elector under the 50
provisions of subsection (1) and has been convicted of vote fraud, 51
of any crime listed in Section 241, Mississippi Constitution of 52
1890, or of any crime interpreted as disenfranchising in later 53
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Attorney General opinions, shall have his or her right to vote 54
suspended upon conviction but shall have his or her right to vote 55
automatically restored once he or she has satisfied all of the 56
sentencing requirements of the conviction. 57
(3) Any person who will be eighteen (18) years of age or 58
older on or before the date of the general election and who is 59
duly registered to vote not less than thirty (30) days before the 60
primary election associated with the general election, may vote in 61
the primary election even though the person has not reached his or 62
her eighteenth birthday at the time that the person seeks to vote 63
at the primary election. 64
(4) No others than those specified in this section shall be 65
entitled, or shall be allowed, to vote at any election. 66
SECTION 2. Section 23-15-19, Mississippi Code of 1972, is 67
amended as follows: 68
23-15-19. Any person who has been convicted of vote 69
fraud * * *, any crime listed in Section 241, Mississippi 70
Constitution of 1890, or of any crime interpreted as 71
disenfranchising in later Attorney General opinions, such crimes 72
defined as "disenfranchising," shall * * * have his or her right 73
to vote suspended upon conviction but shall have his or her right 74
to vote automatically restored once he or she has satisfied all of 75
the sentencing requirements of the conviction. Whenever any 76
person shall be convicted in the circuit court of his or her 77
county of a disenfranchising crime, the county registrar shall 78
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thereupon remove his or her name from the Statewide Elections 79
Management System * * * until he or she has satisfied all of the 80
sentencing requirements of the conviction. Whenever any person 81
shall be convicted of a disenfranchising crime in any other court 82
of any county, the presiding judge of the court shall, on demand, 83
certify the fact in writing to the registrar of the county in 84
which the voter resides, who shall * * * remove the name of the 85
person from the Statewide Elections Management System and retain 86
the certificate as a record of his or her office until he or she 87
has satisfied all of the sentencing requirements of the 88
conviction. 89
SECTION 3. Section 23-15-125, Mississippi Code of 1972, is 90
amended as follows: 91
23-15-125. The pollbook of each voting precinct shall 92
designate the voting precinct for which it is to be used, and 93
shall be ruled in appropriate columns, with printed or written 94
headings, as follows: date of registration; voter registration 95
number; name of electors; date of birth; and a number of blank 96
columns for the dates of elections. All qualified applicants who 97
register with the registrar shall be entered in the Statewide 98
Elections Management System. Only the names of those qualified 99
applicants who register within thirty (30) days before an election 100
shall appear on the pollbooks of the election; however, if the 101
thirtieth day to register before an election falls on a Sunday or 102
legal holiday, the registration applications submitted on the 103
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business day immediately following the legal holiday shall be 104
accepted and entered in the Statewide Elections Management System 105
for the purpose of enabling voters to vote in the next election. 106
When county election commissioners determine that any elector is 107
disqualified from voting, by reason of death, conviction of a 108
disenfranchising crime, removal from the jurisdiction, failure to 109
comply with the provisions of Section 23-15-152, or other legal 110
cause, that fact shall be noted in the Statewide Elections 111
Management System and the voter's name shall be purged from the 112
Statewide Elections Management System, the state's voter roll and 113
the county's pollbooks. Nothing in this section shall preclude 114
the use of electronic pollbooks. A person who is otherwise a 115
qualified elector under the provisions of Section 23-15-11 and has 116
been convicted of vote fraud, of any crime listed in Section 241, 117
Mississippi Constitution of 1890, or of any crime interpreted as 118
disenfranchising in later Attorney General opinions, shall have 119
his or her right to vote suspended upon conviction but shall have 120
his or her right to vote automatically restored once he or she has 121
satisfied all of the sentencing requirements of the conviction. 122
Once the person has satisfied all of the sentencing requirements, 123
the voter's name shall be automatically restored into the 124
Statewide Elections Management System, the state's voter roll and 125
the county's pollbooks. 126
SECTION 4. Section 23-15-151, Mississippi Code of 1972, is 127
amended as follows: 128
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23-15-151. The circuit clerk of each county is authorized 129
and directed to prepare and keep in his or her office a full and 130
complete list, in alphabetical order, of persons convicted of 131
voter fraud * * *, of any crime listed in Section 241, Mississippi 132
Constitution of 1890 or of any crime interpreted as 133
disenfranchising in later Attorney General opinions. A certified 134
copy of any enrollment by one clerk to another will be sufficient 135
authority for the enrollment of the name, or names, in another 136
county. A list of persons convicted of voter fraud, any crime 137
listed in Section 241, Mississippi Constitution of 1890, or any 138
crime interpreted as disenfranchising in later Attorney General 139
opinions, shall also be entered into the Statewide Elections 140
Management System on a quarterly basis. * * * A person who is 141
otherwise a qualified elector under the provisions of Section 142
23-15-11 and has been convicted of vote fraud, of any crime listed 143
in Section 241, Mississippi Constitution of 1890, or of any crime 144
interpreted as disenfranchising in later Attorney General 145
opinions, shall have his or her right to vote suspended upon 146
conviction but shall have his or her right to vote automatically 147
restored once he or she has satisfied all of the sentencing 148
requirements of the conviction. Once the person has satisfied all 149
of the sentencing requirements, the voter's name shall be 150
automatically restored into the Statewide Elections Management 151
System, the state's voter roll and the county's pollbooks. 152
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SECTION 5. Section 23-15-153, Mississippi Code of 1972, is 153
amended as follows: 154
23-15-153. (1) At least during the following times, the 155
election commissioners shall meet at the office of the registrar 156
or the office of the election commissioners to carefully revise 157
the county voter roll as electronically maintained by the 158
Statewide Elections Management System and remove from the roll the 159
names of all voters who have requested to be purged from the voter 160
roll, died, received an adjudication of non compos mentis, been 161
convicted of a disenfranchising crime and had his or her right to 162
vote suspended, failed to comply with the provisions of Section 163
23-15-152, or otherwise become disqualified as electors for any 164
cause, and shall register the names of all persons who have duly 165
applied to be registered but have been illegally denied 166
registration: 167
(a) On the Tuesday after the second Monday in January 168
1987 and every following year; 169
(b) On the first Tuesday in the month immediately 170
preceding the first primary election for members of Congress in 171
the years when members of Congress are elected; 172
(c) On the first Monday in the month immediately 173
preceding the first primary election for state, state district 174
legislative, county and county district offices in the years in 175
which those offices are elected; and 176
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(d) On the second Monday of September preceding the 177
general election or regular special election day in years in which 178
a general election is not conducted. 179
Except for the names of those voters who are duly qualified 180
to vote in the election, no name shall be permitted to remain in 181
the Statewide Elections Management System; however, no name shall 182
be purged from the Statewide Elections Management System based on 183
a change in the residence of an elector except in accordance with 184
procedures provided for by the National Voter Registration Act of 185
1993 and as provided in Section 23-15-152. Except as otherwise 186
provided by Section 23-15-573, no person shall vote at any 187
election whose name is not in the county voter roll electronically 188
maintained by the Statewide Elections Management System. 189
(2) Except as provided in this section, and subject to the 190
following annual limitations, the election commissioners shall be 191
entitled to receive a per diem in the amount of One Hundred Ten 192
Dollars ($110.00), to be paid from the county general fund, for 193
every day or period of no less than five (5) hours accumulated 194
over two (2) or more days actually employed in the performance of 195
their duties in the conduct of an election or actually employed in 196
the performance of their duties for the necessary time spent in 197
the revision of the county voter roll as electronically maintained 198
by the Statewide Elections Management System as required in 199
subsection (1) of this section: 200
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(a) In counties having less than fifteen thousand 201
(15,000) residents according to the latest federal decennial 202
census, not more than fifty (50) days per year, with no more than 203
fifteen (15) additional days allowed for the conduct of each 204
election in excess of one (1) occurring in any calendar year; 205
(b) In counties having fifteen thousand (15,000) 206
residents according to the latest federal decennial census but 207
less than thirty thousand (30,000) residents according to the 208
latest federal decennial census, not more than seventy-five (75) 209
days per year, with no more than twenty-five (25) additional days 210
allowed for the conduct of each election in excess of one (1) 211
occurring in any calendar year; 212
(c) In counties having thirty thousand (30,000) 213
residents according to the latest federal decennial census but 214
less than seventy thousand (70,000) residents according to the 215
latest federal decennial census, not more than one hundred (100) 216
days per year, with no more than thirty-five (35) additional days 217
allowed for the conduct of each election in excess of one (l) 218
occurring in any calendar year; 219
(d) In counties having seventy thousand (70,000) 220
residents according to the latest federal decennial census but 221
less than ninety thousand (90,000) residents according to the 222
latest federal decennial census, not more than one hundred 223
twenty-five (125) days per year, with no more than forty-five (45) 224
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additional days allowed for the conduct of each election in excess 225
of one (1) occurring in any calendar year; 226
(e) In counties having ninety thousand (90,000) 227
residents according to the latest federal decennial census but 228
less than one hundred seventy thousand (170,000) residents 229
according to the latest federal decennial census, not more than 230
one hundred fifty (150) days per year, with no more than 231
fifty-five (55) additional days allowed for the conduct of each 232
election in excess of one (1) occurring in any calendar year; 233
(f) In counties having one hundred seventy thousand 234
(170,000) residents according to the latest federal decennial 235
census but less than two hundred thousand (200,000) residents 236
according to the latest federal decennial census, not more than 237
one hundred seventy-five (175) days per year, with no more than 238
sixty-five (65) additional days allowed for the conduct of each 239
election in excess of one (1) occurring in any calendar year; 240
(g) In counties having two hundred thousand (200,000) 241
residents according to the latest federal decennial census but 242
less than two hundred twenty-five thousand (225,000) residents 243
according to the latest federal decennial census, not more than 244
one hundred ninety (190) days per year, with no more than 245
seventy-five (75) additional days allowed for the conduct of each 246
election in excess of one (l) occurring in any calendar year; 247
(h) In counties having two hundred twenty-five thousand 248
(225,000) residents according to the latest federal decennial 249
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census but less than two hundred fifty thousand (250,000) 250
residents according to the latest federal decennial census, not 251
more than two hundred fifteen (215) days per year, with no more 252
than eighty-five (85) additional days allowed for the conduct of 253
each election in excess of one (1) occurring in any calendar year; 254
(i) In counties having two hundred fifty thousand 255
(250,000) residents according to the latest federal decennial 256
census but less than two hundred seventy-five thousand (275,000) 257
residents according to the latest federal decennial census, not 258
more than two hundred thirty (230) days per year, with no more 259
than ninety-five (95) additional days allowed for the conduct of 260
each election in excess of one (1) occurring in any calendar year; 261
(j) In counties having two hundred seventy-five 262
thousand (275,000) residents according to the latest federal 263
decennial census or more, not more than two hundred forty (240) 264
days per year, with no more than one hundred five (105) additional 265
days allowed for the conduct of each election in excess of one (l) 266
occurring in any calendar year. 267
(3) In addition to the number of days authorized in 268
subsection (2) of this section, the board of supervisors of a 269
county may authorize, in its discretion, the election 270
commissioners to receive a per diem in the amount provided for in 271
subsection (2) of this section, to be paid from the county general 272
fund, for every day or period of no less than five (5) hours 273
accumulated over two (2) or more days actually employed in the 274
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performance of their duties in the conduct of an election or 275
actually employed in the performance of their duties for the 276
necessary time spent in the revision of the county voter roll as 277
electronically maintained by the Statewide Elections Management 278
System as required in subsection (1) of this section, not to 279
exceed five (5) days. 280
(4) (a) The election commissioners shall be entitled to 281
receive a per diem in the amount of One Hundred Ten Dollars 282
($110.00), to be paid from the county general fund, not to exceed 283
ten (10) days for every day or period of no less than five (5) 284
hours accumulated over two (2) or more days actually employed in 285
the performance of their duties for the necessary time spent in 286
the revision of the county voter roll as electronically maintained 287
by the Statewide Elections Management System before any special 288
election. For purposes of this paragraph, the regular special 289
election day shall not be considered a special election. The 290
annual limitations set forth in subsection (2) of this section 291
shall not apply to this paragraph. 292
(b) The election commissioners shall be entitled to 293
receive a per diem in the amount of One Hundred Sixty-five Dollars 294
($165.00), to be paid from the county general fund, for the 295
performance of their duties on the day of any primary, runoff, 296
general or special election; however, the board of supervisors 297
may, in its discretion, pay the election commissioners an 298
additional amount not to exceed Thirty-five Dollars ($35.00) per 299
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election. The annual limitations set forth in subsection (2) of 300
this section shall apply to this paragraph. 301
(5) The election commissioners shall be entitled to receive 302
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 303
be paid from the county general fund, not to exceed fourteen (14) 304
days for every day or period of no less than five (5) hours 305
accumulated over two (2) or more days actually employed in the 306
performance of their duties for the necessary time spent in the 307
revision of the county voter roll as electronically maintained by 308
the Statewide Elections Management System and in the conduct of a 309
runoff election following either a general or special election. 310
(6) The election commissioners shall be entitled to receive 311
only one (1) per diem payment for those days when the election 312
commissioners discharge more than one (1) duty or responsibility 313
on the same day. 314
(7) The election commissioners shall be entitled to receive 315
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 316
be paid from the county general fund, not to exceed five (5) days 317
for every day or period of no less than five (5) hours accumulated 318
over two (2) or more days for those days when the election 319
commissioners shall be required to conduct an audit of an election 320
as provided in Section 23-15-615. 321
(8) In preparation for a municipal primary, runoff, general 322
or special election, the county registrar shall generate and 323
distribute the master voter roll and pollbooks from the Statewide 324
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Elections Management System for the municipality located within 325
the county. The municipality shall pay the county registrar for 326
the actual cost of preparing and printing the municipal master 327
voter roll pollbooks. A municipality may secure "read only" 328
access to the Statewide Elections Management System and print its 329
own pollbooks using this information. 330
(9) County election commissioners who perform the duties of 331
an executive committee with regard to the conduct of a primary 332
election under a written agreement authorized by law to be entered 333
into with an executive committee shall receive per diem as 334
provided for in subsection (2) of this section. The days that 335
county election commissioners are employed in the conduct of a 336
primary election shall be treated the same as days county election 337
commissioners are employed in the conduct of other elections. 338
(10) In addition to any per diem authorized by this section, 339
any election commissioner shall be entitled to the mileage 340
reimbursement rate allowable to federal employees for the use of a 341
privately owned vehicle while on official travel on election day. 342
(11) Every election commissioner shall sign personally a 343
certification setting forth the number of hours actually worked in 344
the performance of the commissioner's official duties and for 345
which the commissioner seeks compensation. The certification must 346
be on a form as prescribed in this subsection. The commissioner's 347
signature is, as a matter of law, made under the commissioner's 348
oath of office and under penalties of perjury. 349
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The certification form shall be as follows: 350
COUNTY ELECTION COMMISSIONER 351
PER DIEM CLAIM FORM 352
NAME: ____________________________ COUNTY: _______________ 353
ADDRESS: _________________________ DISTRICT: _____________ 354
CITY: ______________ ZIP: ________ 355
PURPOSE APPLICABLE ACTUAL PER DIEM 356
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 357
WORKED TIME TIME WORK SECTION WORKED EARNED 358
________________________________________________________________ 359
________________________________________________________________ 360
________________________________________________________________ 361
TOTAL NUMBER OF PER DIEM DAYS EARNED 362
EXCLUDING ELECTION DAYS ________ 363
PER DIEM RATE PER DAY EARNED X $110.00 364
TOTAL NUMBER PER DIEM DAYS EARNED 365
FOR ELECTION DAYS ________ 366
PER DIEM RATE PER DAY EARNED X $165.00 367
BOARD OF SUPERVISORS ELECTION DAY 368
DISCRETIONARY ADDITION(S) 369
TO PER DIEM RATE PER DAY EARNED X $35.00 370
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 371
I understand that I am signing this document under my oath as 372
an election commissioner and under penalties of perjury. 373
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I understand that I am requesting payment from taxpayer funds 374
and that I have an obligation to be specific and truthful as to 375
the amount of hours worked and the compensation I am requesting. 376
Signed this the _____ day of ______________, ____. 377
________________________ 378
Commissioner's Signature 379
When properly completed and signed, the certification must be 380
filed with the clerk of the county board of supervisors before any 381
payment may be made. The certification will be a public record 382
available for inspection and reproduction immediately upon the 383
oral or written request of any person. 384
Any person may contest the accuracy of the certification in 385
any respect by notifying the chair of the commission, any member 386
of the board of supervisors or the clerk of the board of 387
supervisors of the contest at any time before or after payment is 388
made. If the contest is made before payment is made, no payment 389
shall be made as to the contested certificate until the contest is 390
finally disposed of. The person filing the contest shall be 391
entitled to a full hearing, and the clerk of the board of 392
supervisors shall issue subpoenas upon request of the contestor 393
compelling the attendance of witnesses and production of documents 394
and things. The contestor shall have the right to appeal de novo 395
to the circuit court of the involved county, which appeal must be 396
perfected within thirty (30) days from a final decision of the 397
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commission, the clerk of the board of supervisors or the board of 398
supervisors, as the case may be. 399
Any contestor who successfully contests any certification 400
will be awarded all expenses incident to his or her contest, 401
together with reasonable attorney's fees, which will be awarded 402
upon petition to the chancery court of the involved county upon 403
final disposition of the contest before the election commission, 404
board of supervisors, clerk of the board of supervisors, or, in 405
case of an appeal, final disposition by the court. The 406
commissioner against whom the contest is decided shall be liable 407
for the payment of the expenses and attorney's fees, and the 408
county shall be jointly and severally liable for same. 409
(12) Any election commissioner who has not received a 410
certificate issued by the Secretary of State pursuant to Section 411
23-15-211 indicating that the election commissioner has received 412
the required elections seminar instruction and that the election 413
commissioner is fully qualified to conduct an election, shall not 414
receive any compensation authorized by this section or Section 415
23-15-239. 416
SECTION 6. Section 23-15-165, Mississippi Code of 1972, is 417
amended as follows: 418
23-15-165. (1) The Office of the Secretary of State, in 419
cooperation with the county registrars and election commissioners, 420
shall procure, implement and maintain an electronic information 421
processing system and programs capable of maintaining a 422
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centralized database of all registered voters in the state. The 423
system shall encompass software and hardware, at both the state 424
and county level, software development training, conversion and 425
support and maintenance for the system. The Secretary of State 426
shall equip the Statewide Elections Management System with 427
appropriate security measures to protect private information of 428
the registered voter and the integrity of Mississippi elections. 429
This system shall be known as the "Statewide Elections Management 430
System" and shall constitute the official record of registered 431
voters in every county of the state. 432
(2) The Office of the Secretary of State shall develop and 433
implement the Statewide Elections Management System so that the 434
registrar and election commissioners of each county shall: 435
(a) Verify that an applicant that is registering to 436
vote in that county is not registered to vote in another county; 437
(b) Be notified automatically that a registered voter 438
in its county has registered to vote in another county; 439
(c) Receive regular reports of death, changes of 440
address and convictions for disenfranchising crimes, which cause a 441
voter to have his or her right to vote suspended, that apply to 442
voters registered in the county; 443
(d) Receive regular reports of voters who have 444
satisfied all of the sentencing requirements of his or her 445
conviction and automatically restore the voter's name into the 446
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Statewide Elections Management System, the state's voter roll and 447
the county's pollbooks; 448
( * * *e) Retain all present functionality related to, 449
but not limited to, the use of voter roll data and to implement 450
such other functionality as the law requires to enhance the 451
maintenance of accurate county voter records and related jury 452
selection and redistricting programs; and 453
( * * *f) When evidence exists that a registered voter 454
may not be a citizen of the United States as provided in Section 455
23-15-15, send notification to the registrar of the location where 456
the person is registered to vote. 457
(3) As a part of the procurement and implementation of the 458
system, the Office of the Secretary of State shall, with the 459
assistance of the advisory committee, procure services necessary 460
to convert current voter registration records in the counties into 461
a standard, industry accepted file format that can be used on the 462
Statewide Elections Management System. Thereafter, all official 463
voter information shall be maintained on the Statewide Elections 464
Management System. The standard industry accepted format of data 465
was reviewed and approved by a majority of the advisory committee 466
created in subsection (5) of this section after consultation with 467
the Circuit Clerks Association and the format may not be changed 468
without consulting the Circuit Clerks Association. 469
(4) The Secretary of State may, with the assistance of the 470
advisory committee, adopt rules and regulations necessary to 471
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administer the Statewide Elections Management System. The rules 472
and regulations shall at least: 473
(a) Provide for the establishment and maintenance of a 474
centralized database for all voter registration information in the 475
state; 476
(b) Provide procedures for integrating data into the 477
centralized database; 478
(c) Provide security to ensure that only the registrar, 479
or his or her designee or other appropriate official, as the law 480
may require, can add information to, delete information from and 481
modify information in the system; 482
(d) Provide the registrar or his or her designee or 483
other appropriate official, as the law may require, access to the 484
system at all times, including the ability to download copies of 485
the industry standard file, for all purposes related to their 486
official duties, including, but not limited to, exclusive access 487
for the purpose of printing all local pollbooks; 488
(e) Provide security and protection of all information 489
in the system and monitor the system to ensure that unauthorized 490
access is not allowed; 491
(f) Provide a procedure that will allow the registrar, 492
or his or her designee or other appropriate official, as the law 493
may require, to identify the precinct to which a voter should be 494
assigned; and 495
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(g) Provide a procedure for phasing in or converting 496
existing manual and computerized voter registration systems in 497
counties to the Statewide Elections Management System. 498
(5) The Secretary of State established an advisory committee 499
to assist in developing system specifications, procurement, 500
implementation and maintenance of the Statewide Elections 501
Management System. The committee included two (2) representatives 502
from the Circuit Clerks Association, appointed by the association; 503
two (2) representatives from the Election Commissioners 504
Association of Mississippi, appointed by the association; one (1) 505
member of the Mississippi Association of Supervisors, or its 506
staff, appointed by the association; the Director of the Stennis 507
Institute of Government at Mississippi State University, or his or 508
her designee; the Executive Director of the Department of 509
Information Technology Services, or his or her designee; two (2) 510
persons knowledgeable about elections and information technology 511
appointed by the Secretary of State; and the Secretary of State, 512
who shall serve as the chair of the advisory committee. 513
(6) (a) Social security numbers, telephone numbers, email 514
addresses, and date of birth and age information in statewide, 515
district, county and municipal voter registration files shall be 516
exempt from and shall not be subject to inspection, examination, 517
copying or reproduction under the Mississippi Public Records Act 518
of 1983. 519
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(b) Copies of statewide, district, county or municipal 520
voter registration files, excluding social security numbers, 521
telephone numbers, email addresses, and date of birth and age 522
information, shall be provided to any person in accordance with 523
the Mississippi Public Records Act of 1983 at a cost not to exceed 524
the actual cost of production. 525
SECTION 7. Section 97-39-3, Mississippi Code of 1972, is 526
brought forward as follows: 527
97-39-3. If any person shall fight a duel, or give or accept 528
a challenge to fight a duel, or knowingly carry or deliver such 529
challenge or the acceptance thereof, or be second to either party 530
to any duel, whether such act be done in the state or out of it, 531
or who shall go out of the state to fight a duel, or to assist in 532
the same as second, or to send, accept, or carry a challenge, 533
shall be disqualified from holding any office, be disenfranchised, 534
and incapable of holding or being elected to any post of honor, 535
profit or emolument, civil or military, under the constitution and 536
laws of this state; and the appointment of any such person to 537
office, as also all votes given to any such person, are illegal, 538
and none of the votes given to such person for any office shall be 539
taken or counted. 540
SECTION 8. Section 99-19-37, Mississippi Code of 1972, is 541
brought forward as follows: 542
99-19-37. (1) Any person who has lost the right of suffrage 543
by reason of conviction of crime and has not been pardoned 544
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therefrom, who thereafter served honorably in any branch of the 545
Armed Forces of the United States during the periods of World War 546
I or World War II as hereinafter defined and shall have received 547
an honorable discharge, or release therefrom, shall by reason of 548
such honorable service, have the full right of suffrage restored, 549
provided, however, this does not apply to any one having an 550
unfinished or suspended sentence. 551
(2) For the purposes of this section the period of World War 552
I shall be from April 6, 1917 to December 1, 1918, and the period 553
of World War II shall be from December 7, 1941 to December 31, 554
1946. 555
(3) In order to have restored, and to exercise, the right of 556
franchise under the provisions of this section a person affected 557
hereby shall have his discharge, or release, from the Armed Forces 558
of the United States recorded in the office of the chancery clerk 559
of the county in which such person desires to exercise the right 560
of franchise and if such discharge, or release, appears to be an 561
honorable discharge, or release, and shows such person to have 562
served honorably during either of the periods stated in subsection 563
(2) of this section such person shall have the full right of 564
suffrage restored as though an act had been passed by the 565
Legislature in accordance with Section 253 of the Constitution of 566
the State of Mississippi restoring the right of suffrage to such 567
person. 568
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SECTION 9. Section 13-5-1, Mississippi Code of 1972, is 569
amended as follows: 570
13-5-1. Every citizen not under the age of twenty-one (21) 571
years, who is either a qualified elector, or a resident freeholder 572
of the county for more than one (1) year, is able to read and 573
write, and has * * * been convicted of an infamous crime but has 574
completed all the sentencing requirements of the conviction, or 575
the unlawful sale of intoxicating liquors within a period of five 576
(5) years and who is not a common gambler or habitual drunkard, is 577
a competent juror. No person who is or has been within twelve 578
(12) months the overseer of a public road or road contractor 579
shall, however, be competent to serve as a grand juror. The lack 580
of any such qualifications on the part of one or more jurors shall 581
not, however, vitiate an indictment or verdict. Moreover, no 582
talesman or tales juror shall be qualified who has served as such 583
talesman or tales juror in the last preceding two (2) years, and 584
no juror shall serve on any jury who has served as such for the 585
last preceding two (2) years. No juror shall serve who has a case 586
of his own pending in that court, provided there are sufficient 587
qualified jurors in the district, and for trial at that term. 588
In order to determine that prospective jurors can read and 589
write, the presiding judge shall, with the assistance of the 590
clerk, distribute to the jury panel a form to be completed 591
personally by each juror prior to being empaneled as follows: 592
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"1. Your name ________ last ________ first ________ middle 593
initial. 594
2. Your home address ________. 595
3. Your occupation ________. 596
4. Your age ________. 597
5. Your telephone number ________. If none, write none. 598
6. If you live outside the county seat, the number of miles 599
you live from the courthouse ________ miles. 600
______________________ 601
Sign your name" 602
The judge shall personally examine the answers of each juror 603
prior to empaneling the jury and each juror who cannot complete 604
the above form shall be disqualified as a juror and discharged. 605
A list of any jurors disqualified for jury duty by reason of 606
inability to complete the form shall be kept by the circuit clerk 607
and their names shall not be placed in the jury box thereafter 608
until such person can qualify as above provided. 609
SECTION 10. Section 13-5-8, Mississippi Code of 1972, is 610
amended as follows: 611
13-5-8. (1) Except as otherwise provided in this section, 612
in April of each year, the jury commission for each county shall 613
compile and maintain a master list consisting of the voter 614
registration list for the county. 615
(2) Except as otherwise provided in this section, the 616
circuit clerk of the county and the registrar of voters shall have 617
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the duty to certify to the commission during the month of January 618
of each year under the seal of his office the voter registration 619
list for the county; the list shall exclude any person who has 620
been permanently excused from jury service pursuant to Section 621
13-5-23(4). Any person who has been excluded from the master list 622
for jury service for a reason other than being convicted of vote 623
fraud, of any crime listed in Section 241, Mississippi 624
Constitution of 1890, or of any crime interpreted as 625
disenfranchising in later Attorney General opinions, may be 626
reinstated to the master list after one (1) year by requesting 627
that the circuit clerk reinstate him to the master list. Any 628
person who has been excluded from the master list for jury service 629
because he or she is otherwise a qualified elector but has been 630
convicted of vote fraud, of any crime listed in Section 241, 631
Mississippi Constitution of 1890, or of any crime interpreted as 632
disenfranchising in later Attorney General opinions, shall have 633
his or her name reinstated to the master list automatically once 634
he or she has satisfied all of the sentencing requirements of the 635
conviction. 636
SECTION 11. Section 13-5-4, Mississippi Code of 1972, is 637
brought forward as follows: 638
13-5-4. As used in this chapter: 639
(a) "Court" means the circuit, chancery and county 640
courts of this state and includes, when the context requires, any 641
judge of the court. 642
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ST: Jury duty; reinstate person's name to
master list once voting rights restored upon
satisfaction of all sentencing requirements.
(b) "Clerk" and "clerk of the court" means the circuit 643
clerk of the county and any deputy clerk. 644
(c) "Master list" means the voter registration lists 645
for the county. 646
(d) "Voter registration lists" means the official 647
records of persons registered to vote in the county. 648
(e) "Jury wheel" means any physical device or 649
electronic system for the storage of the names or identifying 650
numbers of prospective jurors. 651
(f) "Jury box" means the jury wheel in which is placed 652
the names or identifying numbers of prospective jurors whose names 653
are drawn at random from the jury wheel and who are not 654
disqualified. 655
(g) "Senior judge" means the circuit or chancery judge, 656
as the case may be, who has the longest continuous service on the 657
court in a particular judicial district which has more than one 658
(1) such judge, or if the judges are equal in time of service, 659
then the judge who has been engaged for the longest time 660
continuously in the practice of law in this state. 661
SECTION 12. This act shall take effect and be in force from 662
and after July 1, 2026. 663