Elections; establish procedure for automatic registration of voters.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Faulkner, Summers,
Denton

HOUSE BILL NO. 809

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