OMR voting equipment; prohibit from being capable of establishing wireless connections during an election.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Sanford

HOUSE BILL NO. 858

AN ACT TO AMEND SECTION 23-15-507, MISSISSIPPI CODE OF 1972, 1
TO PROHIBIT OMR VOTING EQUIPMENT FROM BEING CAPABLE OF 2
ESTABLISHING WIRELESS CONNECTIONS DURING AN ELECTION; TO BRING 3
FORWARD SECTIONS 23-15-533.1, 23-15-533.2 AND 23-15-533.3, 4
MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND 5
FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 23-15-507, Mississippi Code of 1972, is 8
amended as follows: 9
23-15-507. No OMR equipment shall be acquired or used in 10
accordance with this chapter unless it shall: 11
(a) Permit eligible voters to vote at any election for 12
all persons for whom they are lawfully entitled to vote; to vote 13
for as many persons for an office as they are lawfully entitled to 14
vote; to vote for or against any ballot initiative, measure or 15
other local issue upon which they are lawfully entitled to vote; 16
(b) * * * Be capable of rejecting choices marked on the 17
ballot if the number of choices exceeds the number that the voter 18
is entitled to vote for the office or on the measure; 19
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(c) Permit each voter, in presidential elections, by 20
one (1) mark to vote for the candidates of that party for 21
President, Vice President, and their presidential electors, or to 22
vote individually for the electors of their choice when permitted 23
by law; 24
(d) Permit each voter, in other than primary elections, 25
to vote for the nominees of one or more parties and for 26
independent candidates; 27
(e) Permit each voter to vote for candidates only in 28
the primary in which he or she is qualified to vote; 29
(f) Permit each voter to vote for persons whose names 30
are not on the printed ballot; 31
(g) Be suitably designed for the purpose used, of 32
durable construction, and may be used safely, efficiently and 33
accurately in the conduct of elections and the counting of 34
ballots; 35
(h) Be provided with means for sealing the ballots 36
after the close of the polls; 37
(i) When properly operated, record correctly and count 38
accurately all votes cast; * * * 39
(j) Provide the voter with a set of instructions that 40
will be displayed in such a way that a voter may readily learn the 41
method of voting * * *; and 42
(k) Not be capable of establishing wireless connections 43
when in use during an election; however, this requirement does not 44
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prohibit wireless hardware within the voting system so long as the 45
hardware cannot be used during the election. 46
SECTION 2. Section 23-15-533.1, Mississippi Code of 1972, is 47
brought forward as follows: 48
23-15-533.1. As used in this subarticle: 49
(a) "Department" means the Mississippi Secretary of 50
State. 51
(b) "Grant program" means the "Mississippi Voting 52
Modernization Grant Program" established in Section 23-15-533.2. 53
(c) "Voting system" means any voting machine, voting 54
device, precinct ballot scanner, central scanner, ballot-marking 55
device, ballot-on-demand printing system, tabulation server or 56
vote tabulating device, along with any operating software for such 57
machines and devices, that: 58
(i) Does not utilize pre-scored punch card 59
ballots; and 60
(ii) Produces voter-verifiable paper ballots. 61
SECTION 3. Section 23-15-533.2, Mississippi Code of 1972, is 62
brought forward as follows: 63
23-15-533.2. (1) (a) There is established within the 64
department the Mississippi Voting Modernization Grant Program 65
which shall be administered by the department for the purpose of 66
reimbursing counties or disbursing funds to counties for the 67
purchase of modern voting systems. 68
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(b) The grant program shall receive funds appropriated 69
to the Mississippi Secretary of State therefor from the Capital 70
Expense Fund or other available source of money. 71
(2) By August 31, 2022, the department shall develop and 72
promulgate rules to provide for: 73
(a) The procedures of the grant program not 74
specifically enumerated in this subarticle; and 75
(b) Other eligible expenses related to the costs of 76
conducting elections where a county has previously purchased 77
voting systems that qualifies under the requirements of this 78
subarticle. Other eligible expenses include, but are not limited 79
to: (i) encumbered debt of previously purchased voting machines; 80
(ii) additional voting machines; (iii) machine maintenance; (iv) 81
software upgrades; (v) ballot-marking devices; (vi) central 82
scanners, (vii) ballot-on-demand printing systems, (viii) 83
electronic poll books; (ix) paper ballots or ballot-printing 84
supplies; and (x) costs associated with voter roll maintenance, 85
such as printing confirmation cards and postage. 86
(3) To be eligible for purchase under this grant program, 87
any voting machine, voting device, precinct ballot scanner, ballot 88
marking device or vote tabulating device shall not have the 89
capability of wireless remote connections. 90
(4) The department shall review the application for funding 91
submitted by each county and grant or deny the application within 92
thirty (30) days of the receipt of the application. 93
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(5) Before awarding a grant to a county for the future 94
purchase of a voting system, the department shall require the 95
county to provide a verified contract and purchase order. 96
SECTION 4. Section 23-15-533.3, Mississippi Code of 1972, is 97
brought forward as follows: 98
23-15-533.3. (1) For any election held in this state after 99
January 1, 2024, the officials in charge of the election shall 100
only use voting systems as defined by Section 23-15-533.1. 101
(2) The board of supervisors of any county may authorize the 102
circuit clerk or election commission to make application for 103
grants under the procedures and within the certification 104
requirements established by the department. 105
(3) Each county shall be eligible to receive a pro rata 106
share of the funds appropriated or otherwise made available to the 107
grant program based on the number of voting polling places in that 108
county. 109
(4) Counties may apply for grants for: 110
(a) Purchasing of voting system hardware, including the 111
software necessary to operate that hardware; and 112
(b) Incurring of other eligible expenses related to the 113
costs of conducting elections only if: 114
(i) The county is already in compliance with 115
subsection (1) of this section through previously acquired voting 116
hardware or software or both prior to April 19, 2022, that would 117
have been eligible for purchase under this grant program; or 118
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ST: OMR voting equipment; prohibit from being
capable of establishing wireless connections
during an election.
(ii) The county will have funds remaining from its 119
pro rata share provided for in subsection (3) of this section 120
after purchasing the necessary voting systems to bring the county 121
in compliance with subsection (1) of this section. 122
(5) Any county receiving a grant for the future purchase of 123
a voting system shall submit proof of payment to the department 124
immediately upon completing the purchase. 125
(6) Any county receiving funds for the incurring of other 126
eligible expenses shall first apply the received funds under this 127
grant program toward any existing indebtedness for the purchase of 128
voting hardware or software. 129
SECTION 5. This act shall take effect and be in force from 130
and after July 1, 2026. 131