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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Banks, Hulum
HOUSE BILL NO. 857
AN ACT TO AMEND SECTION 23-15-169.4, MISSISSIPPI CODE OF 1
1972, TO REQUIRE THE SECRETARY OF STATE TO CREATE RULES AND 2
REGULATIONS THAT ALLOW UNIFORMED SERVICES VOTERS TO VOTE EARLY FOR 3
ELECTIONS, SPECIAL ELECTIONS AND RUN-OFFS; TO BRING FORWARD 4
SECTIONS 23-15-677, 23-15-693, 23-15-699 AND 23-15-701, 5
MISSISSIPPI CODE OF 1972, WHICH PROVIDE ELECTION PROCEDURES FOR 6
UNIFORMED SERVICES AND OVERSEAS VOTERS; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 23-15-169.4, Mississippi Code of 1972, is 9
amended as follows: 10
23-15-169.4. (1) The Secretary of State shall be 11
responsible for providing to all absent uniformed services voters 12
and overseas voters who wish to vote or register to vote in this 13
state information required by the Help America Vote Act of 2002 14
regarding voter registration procedures and absentee ballot 15
procedures to be used by absent uniformed services voters and 16
overseas voters with respect to elections, including procedures 17
relating to the use of the federal write-in absentee ballot. 18
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(2) The Secretary of State shall create rules and 19
regulations that allow uniformed services voters to vote early for 20
elections, special elections and run-offs. 21
SECTION 2. Section 23-15-677, Mississippi Code of 1972, is 22
brought forward as follows: 23
23-15-677. (1) All absent voters as defined in Section 24
23-15-673(1) and (2) may use a duly executed federal postcard 25
application (as provided for in the Uniformed and Overseas 26
Citizens Absentee Voting Act, 42 USCS 1973ff et seq.) to request a 27
ballot or to register to vote, or to do both simultaneously. 28
(2) An absent voter who registers to vote utilizing a 29
federal postcard application or a Federal Write-In-Absentee Ballot 30
may vote in an election if the voter was registered to vote ten 31
(10) or more days prior to the date of the election. 32
SECTION 3. Section 23-15-693, Mississippi Code of 1972, is 33
brought forward as follows: 34
23-15-693. The absent voter, upon receipt of the absentee 35
ballot, shall complete the declaration specified in the Uniformed 36
and Overseas Citizens Absentee Voting Act, 42 USC Section 1973ff 37
et seq. 38
SECTION 4. Section 23-15-699, Mississippi Code of 1972, is 39
brought forward as follows: 40
23-15-699. (1) Absent voters who have requested to receive 41
absentee ballots and balloting materials may choose to receive 42
such ballots and balloting materials by mail, facsimile device 43
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(FAX) or electronic mail delivery (e-mail). The Secretary of 44
State shall establish procedures that allow an absent voter to 45
make the choice authorized by this subsection. 46
(2) Consistent with the choice that the absent voter 47
exercises pursuant to subsection (1) of this section, the 48
registrar shall, in addition to mail, be authorized to use 49
electronic facsimile (FAX) devices and electronic mail delivery 50
(e-mail) to transmit balloting materials and absentee ballots. If 51
the absent voter does not indicate a preference, delivery of such 52
information shall be by mail. 53
(3) The registrar is authorized to receive by electronic 54
facsimile (FAX) devices and electronic mail delivery (e-mail): 55
(a) Voted absentee ballots; 56
(b) Completed federal postcard applications as 57
described in Section 23-15-677, which shall serve to request 58
absentee ballots or to register to vote or to do both 59
simultaneously; and 60
(c) Completed Federal Write-In-Absentee Ballots as 61
described in Section 23-15-692. 62
(4) Once the registrar has received a voted absentee ballot 63
pursuant to this section, he shall place the ballot in an absentee 64
ballot envelope designated for absentee ballots under this 65
subarticle and fill out the required information on the envelope. 66
The registrar shall then notate on the envelope that the ballot 67
was received under this section and a signature across the flap of 68
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the envelope shall not be required. Except as provided in this 69
section, absentee ballots received under this subsection shall be 70
treated in the same manner as other absentee ballots received 71
under this subarticle. 72
(5) Access to voted absentee ballots before they are placed 73
in an absentee ballot envelope shall be strictly limited to 74
election officials who must process the ballot and any election 75
official who views the ballots before they are placed in the 76
envelope shall have the duty to protect the secrecy of the ballot 77
choices; however, the failure of an election official to comply 78
with this subsection shall not invalidate the ballot. 79
(6) Each circuit clerk shall furnish a suitable electronic 80
mail delivery (e-mail) address that can be used to allow absent 81
voters to comply with the provisions of this subarticle. Absentee 82
ballots returned by mail by any absent voter as defined in Section 83
23-15-673 must be received by the registrar by the deadline for 84
receipt of mail absentee ballots provided for in Section 85
23-15-637. 86
SECTION 5. Section 23-15-701, Mississippi Code of 1972, is 87
brought forward as follows: 88
23-15-701. (1) The Secretary of State shall adopt such 89
rules which are necessary and essential to implement this 90
subarticle and to bring the state into compliance with the 91
Uniformed and Overseas Citizens Absentee Voting Act, 42 USCS 92
Section 1973ff et seq. The Secretary of State shall furnish the 93
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ST: Early voting; require Secretary of State to
authorize for overseas military.
Legislature with a copy of such rules sixty (60) days after 94
adoption by the Secretary of State. 95
(2) The Secretary of State may exercise emergency powers 96
concerning absentee voting and registration of military personnel 97
over any election during an armed conflict or other military 98
contingencies involving United States Armed Forces or mobilization 99
of those forces, including state national guard or reserve 100
components. The Secretary of State shall adopt rules describing 101
the emergency powers and the situations in which the powers will 102
be exercised. 103
SECTION 6. This act shall take effect and be in force from 104
and after July 1, 2026. 105