In-person absentee voting; require use of OMR equipment and establish security measures and procedure to challenge.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Sanford

HOUSE BILL NO. 859
(As Passed the House)

AN ACT TO AMEND SECTION 23-15-637, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE ALL ABSENTEE BALLOTS CAST IN PERSON AT THE OFFICE OF 2
THE REGISTRAR TO BE CAST USING THE OPTICAL MARK READING (OMR) 3
EQUIPMENT; TO REQUIRE THE OMR EQUIPMENT TO BE SEALED AT NIGHT; TO 4
REQUIRE THE USE OF PAPER BALLOTS IF THE OMR EQUIPMENT BECOMES 5
INOPERABLE; TO AMEND SECTION 23-15-659, MISSISSIPPI CODE OF 1972, 6
TO REVISE HOW THE ABSENTEE BALLOT APPLICATIONS AND ELECTOR'S 7
CERTIFICATES ARE PRINTED FOR ALL ABSENTEE BALLOTS THAT ARE CAST IN 8
PERSON AT THE OFFICE OF THE REGISTRAR; TO PRESCRIBE THE FORM FOR 9
THE ELECTOR'S CERTIFICATE FOR AN IN-PERSON ABSENTEE BALLOT 10
APPLICATION; TO AMEND SECTIONS 23-15-639 AND 23-15-645, 11
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING 12
PROVISIONS; TO AMEND SECTION 23-15-627, MISSISSIPPI CODE OF 1972, 13
TO REVISE THE FORM OF THE ABSENTEE BALLOT APPLICATION; TO AMEND 14
SECTION 23-15-633, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE 15
PRECEDING PROVISIONS; TO AMEND SECTION 23-15-625, MISSISSIPPI CODE 16
OF 1972, TO REQUIRE THE REGISTRAR TO CONSPICUOUSLY POST A LIST OF 17
THOSE PERSONS VOTING IN-PERSON AT THE END OF VOTING EACH DAY; TO 18
AMEND SECTION 23-15-715, MISSISSIPPI CODE OF 1972, TO REQUIRE 19
ELECTORS VOTING BY ABSENTEE BALLOT IN-PERSON TO FEED THEIR BALLOTS 20
INTO THE OMR EQUIPMENT; TO AMEND SECTION 23-15-719, MISSISSIPPI 21
CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND 22
SECTIONS 23-15-507 AND 23-15-515, MISSISSIPPI CODE OF 1972, TO 23
REVISE PROVISIONS RELATING TO OMR EQUIPMENT; TO AMEND SECTION 24
23-15-517, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL BALLOTS TO BE 25
PROCESSED ON THE NIGHT OF AN ELECTION AND REPORTED TO THE 26
TABULATION CENTER BEFORE THE BALLOT BOX IS SEALED; TO BRING 27
FORWARD SECTION 23-15-523, MISSISSIPPI CODE OF 1972, FOR THE 28
PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-525, 29
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING 30
PROVISIONS; TO BRING FORWARD SECTIONS 23-15-505, 23-15-511, 31
23-15-513, 23-15-519, 23-15-521 AND 23-15-581, MISSISSIPPI CODE OF 32
1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 33
23-15-591, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE 34
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PROVISIONS OF THIS ACT; TO AMEND SECTION 23-15-595, MISSISSIPPI 35
CODE OF 1972, TO REQUIRE THE TABULATING OF ALL RETURNS AND THE 36
COUNTING OF ALL BALLOTS TO BE FINISHED ON THE NIGHT OF THE 37
ELECTION; TO AMEND SECTION 23-15-571, MISSISSIPPI CODE OF 1972, TO 38
INCLUDE THE REGISTRAR IN THE LIST OF PERSONS AUTHORIZED TO 39
CHALLENGE THE QUALIFICATIONS OF PERSONS OFFERING TO VOTE; TO AMEND 40
SECTION 23-15-577, MISSISSIPPI CODE OF 1972, TO AUTHORIZE 41
CANDIDATES TO HAVE POLL WATCHERS PRESENT AT THE LOCATION OF THE 42
ELECTION; TO AMEND SECTION 23-15-579, MISSISSIPPI CODE OF 1972, TO 43
REQUIRE THE APPROPRIATE ELECTION OFFICIALS TO CONSIDER VOTES THAT 44
ARE CHALLENGED; TO DIRECT THE SECRETARY OF STATE TO REQUIRE THE 45
OFFICE OF THE CIRCUIT CLERK TO CAUSE A DAILY REPORT TABULATING THE 46
TOTAL NUMBER OF IN-PERSON ABSENTEE BALLOTS CAST THAT DAY TO BE 47
PRINTED BY THE OMR EQUIPMENT AT THE CLOSE OF BUSINESS AND MADE 48
AVAILABLE TO THE PUBLIC; AND FOR RELATED PURPOSES. 49
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 50
SECTION 1. Section 23-15-637, Mississippi Code of 1972, is 51
amended as follows: 52
23-15-637. (1) (a) Absentee ballots and applications 53
received by mail, except for fax or electronically transmitted 54
ballots as otherwise provided by Section 23-15-699 for UOCAVA 55
ballots, or common carrier, such as United Parcel Service or FedEx 56
Corporation, must be postmarked on or before the date of the 57
election and received by the registrar no more than five (5) 58
business days after the election; any received after such time 59
shall be handled as provided in Section 23-15-647 and shall not be 60
counted. 61
(b) All ballots cast by the absent elector appearing in 62
person in the office of the registrar shall be cast with an 63
absentee paper ballot capable of being fed into the optical mark 64
reading (OMR) equipment and deposited into * * * the OMR equipment 65
by the voter, not later than 12:00 noon on the Saturday 66
immediately preceding elections held on Tuesday, the Thursday 67
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immediately preceding elections held on Saturday, or the second 68
day immediately preceding the date of elections held on other 69
days. At the close of business each day at the office of the 70
registrar, the * * * OMR equipment used shall be sealed as 71
provided in Section 23-15-519 and not unsealed until the beginning 72
of the next business day, and the seal * * * log shall be * * * 73
kept as provided in Section 23-15-519 with the number of ballots 74
cast which shall be stored in a secure location in the registrar's 75
office. If for any reason the OMR equipment becomes inoperable, 76
the registrar shall direct voters to cast paper absentee ballots. 77
The paper ballots must be administered in accordance with the laws 78
concerning paper absentee ballots. The Secretary of State shall 79
promulgate rules and regulations necessary to ensure an accurate 80
count of the number of ballots deposited into the OMR equipment 81
each day and for the safe storage of ballots during the absentee 82
voting period. 83
(2) The registrar shall deposit all absentee ballots which 84
have been timely cast and received by mail in a secured and sealed 85
box in a designated location in the registrar's office upon 86
receipt. The registrar shall not send any absentee ballots to the 87
precinct polling locations. 88
(3) The Secretary of State shall promulgate rules and 89
regulations necessary to ensure that when a qualified elector who 90
is qualified to vote absentee votes by absentee ballot, either by 91
mail or in person with * * * the OMR equipment, that person's 92
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absentee vote is final and he or she may not vote at the polling 93
place on election day. Notwithstanding any other provisions of 94
law to the contrary, the Secretary of State shall promulgate rules 95
and regulations necessary to ensure that absentee ballots shall 96
remain in the registrar's office for counting and not be taken to 97
the precincts on election day. 98
SECTION 2. Section 23-15-659, Mississippi Code of 1972, is 99
amended as follows: 100
23-15-659. For the purpose of this article, for all absentee 101
ballots that are cast in person at the office of the registrar, 102
the absentee ballot application and the required elector 103
certificates shall be printed on the same * * * form, with the 104
application being printed on the front side of the * * * form and 105
the elector's certificates printed on the back side of the * * * 106
form. Such * * * form shall not be smaller than eight and 107
one-half (8-1/2) inches by eleven (11) inches. Once a voter has 108
completed the application and the elector's certificate, he or she 109
shall proceed to cast his or her absentee ballot and then place 110
the ballot in the * * * OMR equipment as otherwise provided by 111
law. * * * For the in-person absentee ballot application form, 112
the elector's certificate and other certificates shall appear as 113
follows: 114
"ELECTOR'S CERTIFICATE 115
STATE OF _____ 116
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COUNTY OF _____ 117
I, _____, under penalty of perjury do solemnly swear that I am 118
authorized by law to cast an in-person absentee ballot and the 119
ballot cast by me indicates my choice of the candidates or 120
contests to be submitted at the election to be held on the ___ day 121
of _____, 2___. 122
Penalties for vote fraud are up to five (5) years in prison and a 123
fine of up to Five Thousand Dollars ($5,000.00), as provided in 124
Section 23-15-753, Mississippi Code of 1972. Penalties for voter 125
intimidation are up to one (1) year in jail and a fine of up to 126
One Thousand Dollars ($1,000.00), as provided in Section 97-13-37, 127
Mississippi Code of 1972. 128
129
_______________________________ 130
(Signature of Voter) 131
SWORN TO AND SUBSCRIBED before me, this the ___ day of __________, 132
_____. 133
_______________________________ 134
(Registrar or Deputy Clerk) 135
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE 136
(To be completed only if the voter has requested assistance in 137
marking their ballot.) I, under penalty of perjury, hereby certify 138
that the above-named voter declared to me that he or she is blind, 139
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temporarily or permanently physically disabled, or cannot read or 140
write, and that the voter requested that I assist the voter in 141
marking the enclosed absentee ballot. I hereby certify that the 142
ballot preferences on the ballot are those communicated by the 143
voter to me, and that I will mark the ballot in accordance with 144
the voter's instructions. 145
Penalties for vote fraud are up to five (5) years in prison and a 146
fine of up to Five Thousand Dollars ($5,000.00), as provided in 147
Section 23-15-753, Mississippi Code of 1972. Penalties for voter 148
intimidation are up to one (1) year in jail and a fine of up to 149
One Thousand Dollars ($1,000.00), as provided for in Section 150
97-13-37, Mississippi Code of 1972. 151
__________________________________________ 152
(Signature of person providing assistance) 153
_____________________________________________ 154
(Printed name of person providing assistance) 155
_____________________________________________ 156
(Address of person providing assistance) 157
_____________________________________________ 158
(Date and time assistance provided)" 159
SECTION 3. Section 23-15-639, Mississippi Code of 1972, is 160
amended as follows: 161
23-15-639. (1) The examination and counting of all absentee 162
ballots shall be conducted as follows: 163
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(a) At the opening of the regular balloting and at the 164
opening of the polls, the resolution board established under 165
Section 23-15-523 and trained in the process of canvassing 166
absentee ballots shall first take the envelopes containing the 167
mailed absentee ballots of such electors from the secure location 168
at the registrar's office, and the name, address and precinct 169
inscribed on each envelope shall be announced by the resolution 170
board. 171
(b) * * * For absentee ballots that were received by 172
mail, the signature on the application shall then be compared with 173
the signature in the box on the back of the envelope. A portion 174
of the elector's signature extending outside of the box shall not 175
be grounds for rejecting that elector's ballot. If it corresponds 176
and the affidavit, if one is required, is sufficient and the 177
resolution board finds that the applicant is a registered and 178
qualified voter or otherwise qualified to vote, the envelope shall 179
then be opened and the ballot removed from the envelope, without 180
its being unfolded, or permitted to be unfolded or examined. 181
* * * 182
(c) Having observed and found the mailed absentee 183
ballot to be regular as far as can be observed from its official 184
endorsement, the resolution board shall deposit it in the ballot 185
box with the other ballots before counting any ballots and enter 186
the voter's name in the receipt book provided for that purpose. 187
All absentee ballots received prior to 7:00 p.m. the day before 188
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the election shall be counted in the registrar's office by the 189
resolution board when the polls close and then added to the votes 190
cast in each precinct as well as the in-person absentee votes cast 191
on the OMR equipment in the registrar's office. All absentee 192
ballots received after 7:00 p.m. the day before the election but 193
not later than the fifth business day after the election shall be 194
processed by the resolution board. 195
(2) The resolution board shall also take such action as may 196
be prescribed by the Secretary of State to ensure compliance with 197
the identification requirements of Section 23-15-563. 198
(3) The resolution board shall process the absentee ballots 199
using the procedure provided in subsection (1) of this section. 200
SECTION 4. Section 23-15-645, Mississippi Code of 1972, is 201
amended as follows: 202
23-15-645. (1) Absentee ballots cast in the registrar's 203
office on the OMR equipment and absentee ballots that are received 204
by mail that are deposited into a sealed ballot box shall be 205
processed on election day but not tallied until after closing of 206
the polls and announced simultaneously with all other votes cast 207
on election day. 208
(2) After the votes have been counted, the officials shall 209
preserve all applications, envelopes of mailed absentee ballots 210
and the lists of absent voters along with the mailed paper and 211
paper ballots and other election materials and return the same to 212
the registrar. 213
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(3) Notwithstanding any other provision of law to the 214
contrary, for federal and presidential general, special or primary 215
elections, packages of protested, void and wholly blank ballots, 216
voted ballots, open packages of unused ballots, sealed packages of 217
unused ballots, and all absentee and military ballots and ballot 218
envelopes, if any, shall be preserved for twenty-two (22) months 219
after the date of any such general, special or primary election. 220
For all other statewide, county or municipal elections, sealed 221
packages of unused ballots, packages of protested, void and wholly 222
blank ballots, open packages of unused ballots and all absentee 223
and military ballots and ballot envelopes shall be retained for 224
four (4) months, and may then be destroyed, provided a certificate 225
articulating the election district identifying data and numbers of 226
such ballots is filed with the balance of ballots described in 227
this section, for the balance of the twenty-two-month retention 228
period. 229
SECTION 5. Section 23-15-627, Mississippi Code of 1972, is 230
amended as follows: 231
23-15-627. (1) Any elector described in Section 23-15-713 232
may request an absentee ballot application and vote in person at 233
the office of the registrar in the county in which he or she 234
resides. The registrar shall be responsible for furnishing an 235
absentee ballot application form to any elector authorized to 236
receive an absentee ballot. Such form shall be printed * * * as 237
provided in Section 23-15-659. Except as otherwise provided in 238
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Section 23-15-625, absentee ballot applications shall be furnished 239
to a person only upon the oral or written request of the elector 240
who seeks to vote by absentee ballot; however, the parent, child, 241
spouse, sibling, legal guardian, those empowered with a power of 242
attorney for that elector's affairs or agent of the elector, who 243
is designated in writing and witnessed by a resident of this state 244
who shall write his or her physical address on such designation, 245
may orally request an absentee ballot application on behalf of the 246
elector. The written designation shall be valid for one (1) year 247
after the date of the designation. An absentee ballot application 248
must have the seal of the circuit or municipal clerk affixed to it 249
and be initialed by the registrar or his or her deputy in order to 250
be used to obtain an absentee ballot. A reproduction of an 251
absentee ballot application shall not be valid unless it is a 252
reproduction provided by the office of the registrar of the 253
jurisdiction in which the election is being held and which 254
contains the seal and initials required by this section. 255
(2) Such application shall be substantially in the following 256
form for applications mailed to absentee electors: 257
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 258
I, _____, duly qualified and registered in the ___ Precinct 259
of the County of _____, and State of Mississippi, coming within 260
the purview of the definition 'ABSENT ELECTOR' will be absent from 261
the county of my residence on election day, or unable to vote in 262
person because (check appropriate reason): 263
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( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 264
resident of Mississippi or have moved therefrom within thirty (30) 265
days of the coming presidential election. 266
( ) I am an enlisted or commissioned member, male or female, 267
of any component of the United States Armed Forces and am a 268
citizen of Mississippi, or spouse or dependent of such member. 269
( ) I am a member of the Merchant Marine or the American Red 270
Cross and am a citizen of Mississippi or spouse or dependent of 271
such member. 272
( ) I am a disabled war veteran who is a patient in any 273
hospital and am a citizen of Mississippi or spouse or dependent of 274
such veteran. 275
( ) I am a civilian attached to and serving outside of the 276
United States with any branch of the Armed Forces or with the 277
Merchant Marine or American Red Cross, and am a citizen of 278
Mississippi or spouse or dependent of such civilian. 279
( ) I am a citizen of Mississippi temporarily residing 280
outside the territorial limits of the United States and the 281
District of Columbia. 282
( ) I am a student, teacher or administrator at a college, 283
university, junior or community college, high, junior high, 284
elementary or grade school, whose studies or employment at such 285
institution necessitates my absence from the county of my voting 286
residence or spouse or dependent of such student, teacher or 287
administrator who maintains a common domicile outside the county 288
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of my voting residence with such student, teacher or 289
administrator. 290
( ) I will be outside the county on election day. 291
( ) I have a temporary or permanent physical disability. 292
( ) I am sixty-five (65) years of age or older. 293
( ) I am the parent, spouse or dependent of a person with a 294
temporary or permanent physical disability who is hospitalized 295
outside his or her county of residence or more than fifty (50) 296
miles away from his or her residence, and I will be with such 297
person on election day. 298
( ) I am a member of the congressional delegation, or spouse 299
or dependent of a member of the congressional delegation. 300
( ) I am required to be at work on election day during the 301
times when the polls will be open or I am required to be on-call 302
on election day during the times when the polls will be open. 303
( ) I am incarcerated in prison or jail in the county where 304
I am registered to vote and have not been convicted of a 305
disenfranchising crime. 306
I hereby make application for an official ballot, or ballots, 307
to be voted by me at the election to be held in _____, on _____. 308
Mail 'Absent Elector's Ballot' to me at the following address 309
____________. 310
( ) I wish to receive an absentee ballot for the runoff 311
election ___________________________________________. 312
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Notify me of a problem with my 'Absent Elector's Ballot' at 313
the following: 314
Phone number: _____________________________ 315
Email address: ____________________________ 316
Mailing address: __________________________ 317
I realize that I can be fined up to Five Thousand Dollars 318
($5,000.00) and sentenced up to five (5) years in the Penitentiary 319
for making a false statement in this application and for selling 320
my vote and violating the Mississippi Absentee Voter Law. (This 321
sentence is to be in bold print.) 322
If you are temporarily or permanently disabled, you are not 323
required to have this application notarized or signed by an 324
official authorized to administer oaths for absentee balloting. 325
You are required to sign this application in the proper place and 326
have a person eighteen (18) years of age or older witness your 327
signature and sign this application in the proper place. 328
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 329
print.) 330
IN WITNESS WHEREOF I have hereunto set my hand and seal this 331
the ____ day of ______, 2___. 332
_________________________________ 333
(Signature of absent elector) 334
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 335
2___. 336
_________________________________ 337
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(Official authorized to administer oaths 338
for absentee balloting.) 339
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 340
DISABLED: 341
I HEREBY CERTIFY that this application for an absent 342
elector's ballot was signed by the above-named elector in my 343
presence and that I am at least eighteen (18) years of age, this 344
the _____ day of ____________________, 2___. 345
_________________________________ 346
(Signature of witness) 347
CERTIFICATE OF DELIVERY 348
I hereby certify that _________________ (print name of voter) 349
has requested that I, __________________ (print name of person 350
delivering application), deliver to the voter this absentee ballot 351
application. 352
__________________________________________ 353
(Signature of person delivering application) 354
__________________________________________ 355
(Address of person delivering application)" 356
(3) The application * * * form printed for absentee voters 357
appearing before the registrar shall be substantially in the 358
following form: 359
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 360
I, _____, duly qualified and registered in the ___ Precinct 361
of the County of _____, and State of Mississippi, coming within 362
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the purview of the definition 'ABSENT ELECTOR' will be absent from 363
the county of my residence on election day, or unable to vote in 364
person because (check appropriate reason): 365
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 366
resident of Mississippi or have moved therefrom within thirty (30) 367
days of the coming presidential election. 368
( ) I am an enlisted or commissioned member, male or female, 369
of any component of the United States Armed Forces and am a 370
citizen of Mississippi, or spouse or dependent of such member. 371
( ) I am a member of the Merchant Marine or the American Red 372
Cross and am a citizen of Mississippi or spouse or dependent of 373
such member. 374
( ) I am a disabled war veteran who is a patient in any 375
hospital and am a citizen of Mississippi or spouse or dependent of 376
such veteran. 377
( ) I am a civilian attached to and serving outside of the 378
United States with any branch of the Armed Forces or with the 379
Merchant Marine or American Red Cross, and am a citizen of 380
Mississippi or spouse or dependent of such civilian. 381
( ) I am a citizen of Mississippi temporarily residing 382
outside the territorial limits of the United States and the 383
District of Columbia. 384
( ) I am a student, teacher or administrator at a college, 385
university, junior or community college, high, junior high, 386
elementary or grade school, whose studies or employment at such 387
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institution necessitates my absence from the county of my voting 388
residence or spouse or dependent of such student, teacher or 389
administrator who maintains a common domicile outside the county 390
of my voting residence with such student, teacher or 391
administrator. 392
( ) I will be outside the county on election day. 393
( ) I have a temporary or permanent physical disability. 394
( ) I am sixty-five (65) years of age or older. 395
( ) I am the parent, spouse or dependent of a person with a 396
temporary or permanent physical disability who is hospitalized 397
outside his or her county of residence or more than fifty (50) 398
miles away from his or her residence, and I will be with such 399
person on election day. 400
( ) I am a member of the congressional delegation, or spouse 401
or dependent of a member of the congressional delegation. 402
( ) I am required to be at work on election day during the 403
times when the polls will be open or I am required to be on-call 404
on election day during the times when the polls will be open. 405
( ) I am incarcerated in prison or jail in the county where 406
I am registered to vote and have not been convicted of a 407
disenfranchising crime. 408
I hereby make application for an official ballot * * * to be 409
voted by me at the election to be held in _____, on _____. 410
* * * 411
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I realize that I can be fined up to Five Thousand Dollars 412
($5,000.00) and sentenced up to five (5) years in the Penitentiary 413
for making a false statement in this application and for selling 414
my vote and violating the Mississippi Absentee Voter Law. (This 415
sentence is to be in bold print.)" 416
SECTION 6. Section 23-15-633, Mississippi Code of 1972, is 417
amended as follows: 418
23-15-633. * * * On any envelope where the elector's 419
signature and the signature of the attesting witness are required, 420
the signature lines and the signatures shall be in the boxes 421
across the flap of the envelope to ensure the integrity of the 422
ballot and the following shall be printed on the flap on the back 423
of the envelope in bold print and in a distinguishing color: 424
"YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS 425
NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE 426
FLAP OF THIS ENVELOPE." 427
A portion of the elector's signature extending outside of the 428
box shall not be grounds for rejecting that elector's ballot. 429
* * * 430
SECTION 7. Section 23-15-625, Mississippi Code of 1972, is 431
amended as follows: 432
23-15-625. (1) The registrar shall be responsible for 433
providing applications for absentee voting as provided in this 434
section. At least sixty (60) days before any election in which 435
absentee voting is provided for by law, the registrar shall 436
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provide a sufficient number of applications for voters requesting 437
an absentee ballot by mail. In the event a special election is 438
called and set at a date which makes it impractical or impossible 439
to prepare applications for absent elector's ballot sixty (60) 440
days before the election, the registrar shall provide applications 441
as soon as practicable after the election is called. The 442
registrar shall fill in the date of the particular election on the 443
application for which the application will be used. For voters 444
appearing in person to cast an absentee vote, the application and 445
elector certificate shall be printed * * * as provided in Section 446
23-15-659 no less than forty-five (45) days before the election 447
and made available at the time of in-person absentee voting. 448
(2) The registrar shall be authorized to disburse 449
applications for absentee ballots to any qualified elector within 450
the county where he or she serves. Any person who presents to the 451
registrar an oral or written request for an absentee ballot 452
application for a voter entitled to vote absentee by mail, other 453
than the elector who seeks to vote by absentee ballot, shall, in 454
the presence of the registrar, sign the application and print on 455
the application his or her name and address and the name of the 456
elector for whom the application is being requested in the place 457
provided for on the application for that purpose. However, if for 458
any reason such person is unable to write the information 459
required, then the registrar shall write the information on a 460
printed form which has been prescribed by the Secretary of State. 461
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The form shall provide a place for such person to place his or her 462
mark after the form has been filled out by the registrar. 463
(3) It shall be unlawful for any person to solicit absentee 464
ballot applications or absentee ballots for persons staying in any 465
skilled nursing facility as defined in Section 41-7-173 unless the 466
person soliciting the absentee ballot applications or absentee 467
ballots is: 468
(a) A family member of the person staying in the 469
skilled nursing facility; or 470
(b) A person designated by the person for whom the 471
absentee ballot application or absentee ballot is sought, the 472
registrar or the deputy registrar. 473
As used in this subsection, "family member" means a spouse, 474
parent, grandparent, sibling, adult child, grandchild or legal 475
guardian. 476
(4) The registrar in the county wherein a voter is qualified 477
to vote upon receiving by mail the envelope containing the 478
absentee ballots shall keep an accurate list of all persons 479
preparing such ballots. The list shall be kept in a conspicuous 480
place accessible to the public near the entrance to the 481
registrar's office. The registrar shall also furnish to each 482
precinct manager a list of the names of all persons in each 483
respective precinct voting absentee by mail and in person to be 484
posted in a conspicuous place at the polling place for public 485
notice. The application on file with the registrar and the 486
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envelopes containing the ballots that voters mailed to the 487
registrar shall be kept by the registrar in his or her office in a 488
secure location. At the time such boxes are delivered to the 489
election commissioners or managers, the registrar shall also turn 490
over a list of all such persons who have voted and whose mailed 491
ballots are in the registrar's office. The registrar also shall 492
furnish a list, to be posted in a conspicuous place, of the names 493
of every person who voted in-person. The list must be posted at 494
the end of in-person absentee voting each day. 495
(5) The registrar shall also be authorized to mail one (1) 496
application to any qualified elector of the county, who is 497
eligible to vote by absentee ballot, for use in a particular 498
election. 499
(6) The registrar shall process all applications for 500
absentee ballots by using the Statewide Election Management 501
System. The registrar shall account for all absentee ballots 502
delivered to and received by mail as well as those who voted 503
absentee in person from qualified voters by processing such 504
ballots using the Statewide Election Management System. 505
SECTION 8. Section 23-15-715, Mississippi Code of 1972, is 506
amended as follows: 507
23-15-715. Any elector desiring an absentee ballot as 508
provided in this subarticle may secure same if: 509
(a) Not more than forty-five (45) days nor later than 510
12:00 noon, on the Saturday immediately preceding elections held 511
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on Tuesday, the Thursday immediately preceding elections held on 512
Saturday, or the second day immediately preceding the date of 513
elections held on other days, he or she shall appear in person 514
before the registrar of the county in which he resides, or for 515
municipal elections he shall appear in person before the city 516
clerk of the municipality in which he or she resides and, when the 517
elector so appears, he or she shall execute and file an 518
application as provided in Section 23-15-627 and vote by absentee 519
ballot and shall then proceed to feed his ballot into the OMR 520
equipment. If the absentee ballot has not been printed by 521
forty-five (45) days preceding the election, the elector may 522
appear and file an application anytime before the election. Then 523
the absentee ballot shall be mailed by the registrar to the 524
elector as soon as the ballot has been printed. 525
(b) Within forty-five (45) days next prior to any 526
election, any elector who cannot comply with paragraph (a) of this 527
section by reason of temporarily residing outside the county, or 528
any person who has a temporary or permanent physical disability, 529
persons who are sixty-five (65) years of age or older, any person 530
who is incarcerated in prison or jail in the county where the 531
person is registered to vote and has not been convicted of a 532
disenfranchising crime, or any person who is the parent, spouse or 533
dependent of a temporarily or permanently physically disabled 534
person who is hospitalized outside of his or her county of 535
residence or more than fifty (50) miles away from his or her 536
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residence and such parent, spouse or dependent will be with such 537
person on election day, may make application for an absentee 538
ballot by mailing the appropriate application to the registrar. 539
Only persons temporarily residing out of the county of their 540
residence, persons having a temporary or permanent physical 541
disability, persons who are sixty-five (65) years of age or older, 542
any person who is incarcerated in prison or jail in the county 543
where the person is registered to vote and has not been convicted 544
of a disenfranchising crime, or any person who is the parent, 545
spouse or dependent of a temporarily or permanently physically 546
disabled person who is hospitalized outside of his or her county 547
of residence or more than fifty (50) miles away from his or her 548
residence, and such parent, spouse or dependent will be with such 549
person on election day, may obtain absentee ballots by mail under 550
the provisions of this subsection and as provided by Section 551
23-15-713. Applications of persons temporarily residing outside 552
the county shall be sworn to and subscribed before an official who 553
is authorized to administer oaths or other official authorized to 554
witness absentee balloting as provided in this chapter, said 555
application to be accompanied by such verifying affidavits as 556
required by this chapter. The applications of persons having a 557
temporary or permanent physical disability shall not be required 558
to be accompanied by an affidavit but shall be witnessed and 559
signed by a person eighteen (18) years of age or older. The 560
registrar shall send to such absent voter a proper absentee voter 561
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ballot within twenty-four (24) hours, or as soon thereafter as the 562
ballots are available, containing the names of all candidates who 563
qualify or the proposition to be voted on in such election, and 564
with such ballot there shall be sent an official envelope 565
containing upon it in printed form the recitals and data 566
hereinafter required. 567
(c) Except when the voter has requested a runoff ballot 568
on the initial absentee ballot application, upon request for a 569
runoff ballot pursuant to Section 23-15-719, the registrar shall 570
mail together the absentee ballot application and the absentee 571
ballot to the absent voter for the runoff election. 572
SECTION 9. Section 23-15-719, Mississippi Code of 1972, is 573
amended as follows: 574
23-15-719. (1) Except where the registrar has already 575
mailed a ballot with an application, upon receipt of a properly 576
completed application form by an elector qualified to vote 577
absentee as provided in this article, the registrar shall mail the 578
absent voter an absentee ballot within one (1) business day, or as 579
soon as the absentee ballot is prepared and available, containing 580
the names of all the candidates and propositions, if any, to be 581
voted on in the election. The registrar shall include with the 582
absentee ballot an official envelope that complies with the 583
provisions of Section 23-15-635, as well as information to comply 584
with Section 23-15-641(3) related to the status of the elector's 585
ballot. 586
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(2) When an absentee voter appears before the registrar to 587
vote, the registrar shall: identify the applicant by requiring 588
him or her to present identification as required by Section 589
23-15-563 * * *; properly complete an absentee ballot application; 590
and * * * then deliver the ballot to the applicant in the 591
registrar's office. After the applicant has properly marked the 592
ballot * * *, he or she shall deposit it in the * * * OMR 593
equipment. 594
* * * Before the absentee voter has * * * deposited his or 595
her ballot in the OMR equipment, the registrar shall ensure the 596
absentee application on the * * * form prescribed in Section 597
23-15-659 is complete * * *. 598
(3) If the voter has received assistance in marking his or 599
her ballot, the person providing the assistance shall complete the 600
following form which shall be printed on the back of the * * * 601
form containing the applicant's * * * application: 602
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE 603
(To be completed only if the voter has received assistance in 604
marking the enclosed ballot.) I hereby certify that the 605
above-named voter declared to me that he or she is blind, 606
temporarily or permanently physically disabled, or cannot read or 607
write, and that the voter requested that I assist the voter in 608
marking the * * * absentee ballot. I hereby certify that the 609
ballot preferences on the * * * ballot are those communicated by 610
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the voter to me, and that I have marked the * * * ballot in 611
accordance with the voter's instructions. 612
___________________________________________ 613
Signature of person providing assistance 614
___________________________________________ 615
Printed name of person providing assistance 616
___________________________________________ 617
Address of person providing assistance 618
___________________________________________ 619
Date and time assistance provided 620
___________________________________________ 621
Family relationship to voter (if any)" 622
(4) * * * The registrar shall not personally hand deliver 623
ballots to voters, except to those who personally appear in the 624
registrar's office to absentee vote. 625
SECTION 10. Section 23-15-507, Mississippi Code of 1972, is 626
amended as follows: 627
23-15-507. No OMR equipment shall be acquired or used in 628
accordance with this chapter unless it shall: 629
(a) Permit eligible voters to vote at any election for 630
all persons for whom they are lawfully entitled to vote; to vote 631
for as many persons for an office as they are lawfully entitled to 632
vote; to vote for or against any ballot initiative, measure or 633
other local issue upon which they are lawfully entitled to vote; 634
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(b) The OMR equipment shall be capable of rejecting 635
choices marked on the ballot if the number of choices exceeds the 636
number that the voter is entitled to vote for the office or on the 637
measure; 638
(c) Permit each voter, in presidential elections, by 639
one (1) mark to vote for the candidates of that party for 640
President, Vice President, and their presidential electors, or to 641
vote individually for the electors of their choice when permitted 642
by law; 643
(d) Permit each voter, in other than primary elections, 644
to vote for the nominees of one or more parties and for 645
independent candidates; 646
(e) Permit each voter to vote for candidates only in 647
the primary in which he or she is qualified to vote; 648
(f) Permit each voter to vote for persons whose names 649
are not on the printed ballot; 650
(g) Be suitably designed for the purpose used, of 651
durable construction, and may be used safely, efficiently and 652
accurately in the conduct of elections and the counting of 653
ballots; 654
(h) Be provided with means for sealing the ballots 655
after the close of the polls and during the absentee voting 656
period; 657
(i) When properly operated, record correctly and count 658
accurately all votes cast; and 659
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(j) Provide the voter with a set of instructions that 660
will be displayed in such a way that a voter may readily learn the 661
method of voting. 662
SECTION 11. Section 23-15-515, Mississippi Code of 1972, is 663
amended as follows: 664
23-15-515. The circuit clerk shall be the custodian of OMR 665
equipment acquired by the county, who shall be charged with the 666
proper storage, maintenance and repair of the OMR equipment. The 667
municipal clerk shall be the custodian of the OMR equipment 668
acquired by the municipality, and shall be charged with the proper 669
storage, maintenance and repair of the OMR equipment. The 670
custodian or the officials in charge of the election shall repair 671
or replace any OMR equipment which fails to function properly on 672
election day or during the absentee voting period. 673
SECTION 12. Section 23-15-517, Mississippi Code of 1972, is 674
amended as follows: 675
23-15-517. At least one (1) hour before the opening of the 676
polls, the officials in charge of the election shall arrive at the 677
polling place and set up the voting booths so that they will be in 678
clear view of the poll managers; the poll managers shall examine 679
the ballots to verify that they have the correct ballots for their 680
precinct and check the supplies, records and forms, and post the 681
sample ballots and instructions to the voters. * * * 682
Each voter shall receive written and/or verbal instructions 683
by the poll managers instructing the voter how to properly vote 684
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the paper ballot before the voter enters the voting booth. If any 685
voter needs additional instructions after entering the voting 686
booth, two (2) poll managers may, if necessary, enter the booth 687
and give him or her such additional instructions. If any voter 688
spoils a ballot the voter may obtain others, one (1) at a time, 689
not exceeding three (3) in all, upon returning each spoiled 690
ballot. The word "SPOILED" shall be written across the face of 691
the ballot and it shall be deposited into the sealed ballot box. 692
* * * All ballots must be processed on the night of the election 693
and reported to the tabulation center before the ballot box is 694
sealed and returned to the officials in charge of the election. 695
Ballots marked as spoiled shall be bundled together and placed in 696
an envelope designated for spoiled ballots. Once the polls have 697
officially closed, the envelope that contains the spoiled ballots 698
and the unused ballots shall be placed in the ballot box or other 699
container provided for that purpose which shall be sealed and 700
returned to the officials in charge of the election. 701
SECTION 13. Section 23-15-523, Mississippi Code of 1972, is 702
brought forward as follows: 703
23-15-523. (1) All proceedings at the counting center shall 704
be under the direction of the election commissioners or officials 705
in charge of the election, and shall be conducted under the 706
observations of the public, but no persons except those authorized 707
for the purpose shall touch any ballot. All persons who are 708
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engaged in processing and counting of the ballots shall take the 709
oath provided in Section 268, Mississippi Constitution of 1890. 710
(2) The election commissioners or the officials in charge of 711
the election shall appoint qualified electors who have received 712
the training required by subsection (11) of this section to serve 713
as members of the "resolution board." An odd number of not less 714
than three (3) members shall be appointed to the resolution board. 715
The members of the board shall take the oath provided in Section 716
268, Mississippi Constitution of 1890. All ballots that have been 717
rejected by the OMR equipment and that are damaged or defective, 718
blank or overvoted will be reviewed by the board. Election 719
commissioners, candidates who are on the ballot and the spouse, 720
parents, siblings or children of such a candidate shall not be 721
appointed to the resolution board. In general and special 722
elections, members of the party executive committees shall not be 723
appointed to the resolution board unless members of all of the 724
party executive committees who have a candidate on the ballot are 725
appointed to the resolution board. 726
(3) (a) If any ballot is damaged or defective so that it 727
cannot be properly counted by the OMR equipment, the ballot will 728
be deposited in an envelope provided for that purpose marked 729
"RESOLUTION BOARD." All such ballots shall be carefully handled 730
so as to avoid altering, removing or adding any mark on the 731
ballot. 732
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(b) The election commissioners or the officials in 733
charge of the election shall have the members of the resolution 734
board ascertain the intent of the voter, if possible, and, if so, 735
manually count any damaged or defective ballots. 736
(c) The resolution board shall prepare a duplicate to 737
the damaged or defective ballot in the following manner: 738
(i) The resolution board shall prepare a duplicate 739
to the original damaged or defective ballot marked identically to 740
the original. 741
(ii) The resolution board shall mark the first 742
original they examine as "Original #1" and the duplicate of this 743
original as "Duplicate #1." Later originals and duplicates shall 744
be likewise marked and numbered consecutively so the duplicate of 745
each original can be identified. Duplicate ballots shall be 746
stamped in a different manner from the original ballots so that 747
they may be easily distinguished from the originals. 748
(iii) The duplicate ballots prepared pursuant to 749
this paragraph shall be counted by the OMR equipment. 750
(4) The resolution board shall examine ballots that have 751
been rejected by the OMR equipment for appearing to be "blank" to 752
verify if they are blank or were marked with a "nondetectable" 753
marking device. If it is determined that the ballot was marked 754
with a nondetectable device, the resolution board shall prepare a 755
duplicate to the original blank ballot in the same manner and in 756
accordance with the same process provided in subsection (3)(c). 757
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(5) All ballots that are rejected by the OMR equipment and 758
that contain overvotes shall be inspected by the resolution board. 759
Regarding those rejected ballots upon which an overvote appears, 760
if the voter intent cannot be determined by the resolution board, 761
the officials in charge of the election may use the OMR equipment 762
in determining the vote in the races that are unaffected by the 763
overvote. All other ballots that are overvoted shall be counted 764
manually following the provisions of this section at the direction 765
of the officials in charge of the election. The return printed by 766
the OMR equipment to which have been added the manually tallied 767
ballots, which shall be duly certified by the officials in charge 768
of the election, shall constitute the official return of each 769
voting precinct. Unofficial and incomplete returns may be 770
released during the count. Upon the completion of the counting, 771
the official returns shall be open to the public. 772
(6) When the resolution board reviews any OMR ballot in 773
which the voter has failed to fill in the arrow, oval, circle or 774
square for a candidate or a ballot measure, the resolution board 775
shall, if the intent of the voter can be ascertained, count the 776
vote if: 777
(a) The voter marks the ballot with a "cross" (X) or 778
"checkmark" (√) and the lines that form the mark intersect within 779
or on the line of the arrow, oval, circle or square by the ballot 780
measure or the name of the candidate. 781
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(b) The voter blackens the arrow, oval, circle or 782
square adjacent to the ballot measure or the name of the candidate 783
in pencil or ink and the blackened portion extends beyond the 784
boundaries of the arrow, oval, circle or square. 785
(c) The voter marks the ballot with a "cross" (X) or 786
"checkmark" (√) and the lines that form the mark intersect 787
adjacent to the ballot measure or the name of the candidate. 788
(d) The voter underlines the ballot measure or the name 789
of a candidate. 790
(e) The voter draws a line from the arrow, oval, circle 791
or square to a ballot measure or the name of a candidate. 792
(f) The voter draws a circle or oval around the ballot 793
measure or the name of the candidate. 794
(g) The voter draws a circle or oval around the arrow, 795
oval, circle or square adjacent to the ballot measure or the name 796
of the candidate. 797
(7) The resolution board, when inspecting an OMR ballot that 798
contains or appears to contain one or more overvotes, appears to 799
be damaged or defective, or is rejected by the OMR equipment for 800
any reason or cannot be counted by the OMR equipment, shall make 801
its determination in accordance with the following: 802
(a) When an elector casts more votes for any office or 803
measure than he or she is entitled to cast at an election, all the 804
elector's votes for that office or measure are invalid and the 805
elector is deemed to have voted for none of them. If an elector 806
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casts less votes for any office or measure than he or she is 807
entitled to cast at an election, all votes cast by the elector 808
shall be counted but no vote shall be counted more than once. 809
(b) If an elector casts more than one (1) vote for the 810
same candidate for the same office, the first vote is valid and 811
the remaining votes for that candidate are invalid. 812
(c) No write-in vote for a candidate whose name is 813
printed on the ballot shall be regarded as invalid due to 814
misspelling a candidate's name, or by abbreviation, addition or 815
omission or use of a wrong initial in the name, as long as the 816
intent of the voter can be ascertained. 817
(d) In any case where a voter writes in the name of a 818
candidate for President of the United States whose name is printed 819
on the general election ballot, the failure by the voter to write 820
in the name of a candidate for the Office of Vice President of the 821
United States on the general election ballot does not invalidate 822
the elector's vote for the slate of electors for any candidate 823
whose name is written in for the Office of President of the United 824
States. 825
(e) For any ballot measure in which the words "for" or 826
"against" are printed on a ballot, if the voter shall write the 827
word "for" or the word "against" instead of or in addition to 828
marking the ballot in accordance with the ballot instruction in 829
the space adjacent to the preprinted words "for" or "against," the 830
resolution board shall, in reviewing such ballot, count the vote 831
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in accordance with the voter's handwritten preference, unless the 832
voter marks the ballot in the space adjacent to the preprinted 833
words "for" or "against" contrary to the handwritten preference, 834
in which case no vote shall be recorded for such ballot in regard 835
to the ballot measure. 836
(f) For any ballot measure in which the words "yes" or 837
"no" are printed on a ballot, if the voter shall write the word 838
"yes" or the word "no" instead of or in addition to marking the 839
ballot in accordance with the ballot instructions in the space 840
adjacent to the preprinted words "yes" or "no," the resolution 841
board shall, in reviewing such ballot, count the vote in 842
accordance with the voter's handwritten preference, unless the 843
voter marks the ballot in the space adjacent to the preprinted 844
words "yes" or "no" contrary to the handwritten preference, in 845
which case no vote shall be recorded for such ballot in regard to 846
the ballot measure. 847
(8) OMR equipment shall be programmed, calibrated, adjusted 848
and set up to reject ballots that appear to be damaged or 849
defective. Any switch, lever or feature on OMR equipment that 850
enables or permits the OMR equipment to override the rejection of 851
damaged or defective ballots so that such ballots will not be 852
reviewed by the resolution board, shall not be used. 853
(9) Ballots shall be manually counted by the resolution 854
board only when the ballots are: 855
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(a) Properly before the resolution board due to being 856
rejected by the OMR equipment because the ballots appear to be 857
damaged or defective or are rejected by the OMR equipment for any 858
other reason; or 859
(b) Properly before the resolution board due to a 860
malfunction in the OMR equipment. 861
(10) The resolution board shall make and keep a record 862
regarding the handling and counting of all ballots inspected under 863
this section. 864
(11) The executive committee of each county or municipality, 865
in the case of a primary election, or the election commissioners 866
of each county or municipality, in the case of all other 867
elections, in conjunction with the circuit or municipal clerk 868
respectively, shall sponsor and conduct, a training session for up 869
to two (2) hours, not less than five (5) days before each 870
election, to instruct those qualified electors who are appointed 871
to serve as members of the resolution board as to their specific 872
duties in the election. No member appointed to serve on the 873
resolution board shall serve in any election unless he or she has 874
received such instruction once during the twelve (12) months 875
immediately preceding the date upon which the election is held. 876
Online training courses developed by the Secretary of State, 877
though not sponsored or conducted by the executive committee or 878
the election commissioners, may be used to meet the requirements 879
of this subsection (11). 880
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SECTION 14. Section 23-15-525, Mississippi Code of 1972, is 881
amended as follows: 882
23-15-525. (1) The Secretary of State shall have the power 883
to issue supplementary instructions and procedures for the safe 884
and efficient use of OMR equipment within the State of Mississippi 885
and to carry out the purpose of the chapter. Subject to such 886
instructions and procedures provided by the Secretary of State and 887
the provisions of this chapter, the election commissioners shall 888
have the power to make additional provisions for the conduct of 889
elections with the OMR equipment. 890
(2) If for any reason the OMR equipment shall become 891
inoperable, the poll managers or the registrar, if during absentee 892
voting, shall direct voters to operating OMR equipment or to cast 893
emergency paper ballots. The paper ballots shall be administered 894
in accordance with the laws concerning paper ballots. 895
SECTION 15. Section 23-15-505, Mississippi Code of 1972, is 896
brought forward as follows: 897
23-15-505. The board of supervisors of any county and the 898
governing authorities of any municipality are hereby authorized 899
and empowered, in their discretion, to purchase or rent OMR 900
equipment that meets the requirements of Section 23-15-507 and may 901
use such system in all or a part of the precincts within its 902
boundaries. The provisions of this chapter shall be controlling 903
with respect to elections in which OMR equipment is used, and 904
shall be liberally construed so as to carry out the purpose of 905
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this chapter. The provisions of the election law relating to the 906
conduct of elections with paper ballots, insofar as they are 907
applicable, shall apply. 908
SECTION 16. Section 23-15-511, Mississippi Code of 1972, is 909
brought forward as follows: 910
23-15-511. The ballots shall, as far as practicable, be in 911
the same order of arrangement as provided for paper ballots that 912
are to be counted manually, except that the information may be 913
printed in vertical or horizontal rows. Nothing in this chapter 914
shall be construed as prohibiting the information being presented 915
to the voters from being printed on both sides of a single ballot. 916
In those years when a special election shall occur on the same day 917
as the general election, the names of candidates in any special 918
election and the general election shall be placed on the same 919
ballot by the election commissioners or officials in charge of the 920
election, but the general election candidates shall be clearly 921
distinguished from the special election candidates. At any time a 922
special election is held on the same day as a party primary 923
election, the names of the candidates in the special election may 924
be placed on the same ballot by the officials in charge of the 925
election, but shall be clearly distinguished as special election 926
candidates or primary election candidates. 927
Ballots shall be printed in plain clear type in black ink and 928
upon clear white materials of such size and arrangement as to be 929
compatible with the OMR equipment. Absentee ballots shall be 930
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prepared and printed in the same form and shall be on the same 931
size and texture as the regular official ballots, except that they 932
shall be printed on tinted paper; or the ink used to print the 933
ballots shall be of a color different from that of the ink used to 934
print the regular official ballots. Arrows may be printed on the 935
ballot to indicate the place to mark the ballot, which may be to 936
the right or left of the names of candidates and propositions. 937
The titles of offices may be arranged in vertical columns on the 938
ballot and shall be printed above or at the side of the names of 939
candidates so as to indicate clearly the candidates for each 940
office and the number to be elected. In case there are more 941
candidates for an office than can be printed in one (1) column, 942
the ballot shall be clearly marked that the list of candidates is 943
continued on the following column. The names of candidates for 944
each office shall be printed in vertical columns, grouped by the 945
offices that they seek. In partisan elections, the party 946
designation of each candidate, which may be abbreviated, shall be 947
printed following his or her name. 948
One (1) sample ballot, which shall be a facsimile of the 949
official ballot and instructions to the voters, shall be provided 950
for each precinct and shall be posted in each polling place on 951
election day. 952
A separate ballot security envelope or suitable equivalent in 953
which the voter can place his or her ballot after voting, shall be 954
provided to conceal the choices the voter has made. Absentee 955
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voters will receive a similar ballot security envelope provided by 956
the county in which the absentee voter will insert their voted 957
ballot, which then can be inserted into a return envelope to be 958
mailed back to the election official. Absentee ballots will not 959
be required to be folded when a ballot security envelope is 960
provided. 961
SECTION 17. Section 23-15-513, Mississippi Code of 1972, is 962
brought forward as follows: 963
23-15-513. (1) The official ballots, sample ballots and 964
other necessary forms and supplies of the forms and description 965
required by this chapter or required for the conduct of elections 966
with an electronic voting system shall be prepared and furnished 967
by the same official, in the same manner and time, and delivered 968
to the same officials as provided by law with respect to paper 969
ballots that are to be counted manually. 970
(2) For each primary election, the number of official 971
ballots that shall be printed by each executive committee shall be 972
not less than one hundred twenty-five percent (125%) of the 973
highest number of votes cast in a comparable primary election 974
conducted by the same political party in the preceding ten (10) 975
years. 976
(3) For each general election, the number of official 977
ballots that shall be printed shall be a number equal to not less 978
than sixty percent (60%) of the registered voters eligible to vote 979
in the election. 980
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SECTION 18. Section 23-15-519, Mississippi Code of 1972, is 981
brought forward as follows: 982
23-15-519. The poll managers shall prepare a ballot 983
accounting report that documents the number of voters who have 984
voted, as indicated by the receipt book and the number of ballots 985
used in the election. The poll managers shall place the report in 986
the ballot box, with the seal logs, receipt books, absentee 987
ballots, affidavit ballots, challenged ballots, curbside ballots, 988
emergency ballots, spoiled ballots and unused ballots, which 989
thereupon shall be sealed with a tamper-evident seal, which is a 990
seal that has been designed in such a way to allow someone to 991
easily detect any tampering, so that no additional ballots may be 992
deposited or removed from the ballot box. The poll managers, 993
while they have possession of the election materials, and the 994
officials in charge of the election, once the poll managers have 995
delivered the ballot box to the counting center or other 996
designated place, shall be required to keep a seal log to document 997
each time a tamper-evident seal for a ballot box is opened or 998
changed. The seal log shall require the name of the person who 999
opened the seal, the old seal number, the new seal number, the 1000
date the seal was opened and the purpose for opening the seal. 1001
The receiving and returning poll manager shall deliver the ballot 1002
box to the counting center or other designated place and receive a 1003
signed, numbered receipt therefor. The poll books and other 1004
records and supplies shall be returned as directed by the 1005
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officials in charge of the election. Failure to strictly comply 1006
with the provisions of this section shall not result in a 1007
presumption of fraud. 1008
SECTION 19. Section 23-15-521, Mississippi Code of 1972, is 1009
brought forward as follows: 1010
23-15-521. Before counting the ballots, the election 1011
commissioners, or their designees, shall have the OMR equipment 1012
tested to ascertain that it will accurately count the votes cast 1013
for all offices and on all measures. Representatives of the 1014
political parties, candidates, the press and the general public 1015
may witness the test conducted on the OMR equipment. The test 1016
shall be conducted by processing a preaudited group of ballots so 1017
marked as to record a predetermined number of valid votes for each 1018
candidate and on each measure, and shall include for each office 1019
one or more ballots that have votes in excess of the number 1020
allowed by law in order to test the ability of the OMR equipment 1021
to reject such votes. If any error is detected, the cause of the 1022
error shall be ascertained and corrected and an errorless count 1023
shall be made and certified to by the officials in charge before 1024
the count is started. On completion of the count, the programs, 1025
test materials and ballots shall be sealed and retained as 1026
provided for paper ballots. 1027
SECTION 20. Section 23-15-581, Mississippi Code of 1972, is 1028
brought forward as follows: 1029
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23-15-581. When the last qualified voter, who was standing 1030
in line at the polling place at 7:00 p.m., has cast his or her 1031
ballot, or 7:00 p.m., whichever is later, the poll managers shall 1032
proclaim that the polls are closed and publicly break the seal and 1033
open the ballot box to immediately proceed to count the ballots, 1034
at the same time reading aloud the names of the persons voted for, 1035
which shall be taken down. During the holding of the election and 1036
the counting of the ballots, the whole proceedings shall be in 1037
fair and full view of the voting public, candidates or their duly 1038
authorized representatives and other authorized poll watchers, 1039
without unnecessary interference, delay or encroachment upon the 1040
good order of the duties and proceedings of the poll managers and 1041
other officers of the election. There shall be no unnecessary 1042
delay and no adjournment except as provided by law. 1043
SECTION 21. Section 23-15-591, Mississippi Code of 1972, is 1044
amended as follows: 1045
23-15-591. When the votes have been completely and correctly 1046
counted and tallied by the poll managers they shall publicly 1047
proclaim the result of the election at their box and shall certify 1048
in duplicate a statement of the result, the certificate to be 1049
signed by the poll managers, one (1) of the certificates to be 1050
enclosed in the ballot box, and the other to be delivered to and 1051
to be kept by one (1) of the poll managers and to be inspected at 1052
any time by any voter who so requests. When the count of the 1053
votes and the tally of the votes have been completed on the night 1054
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of the election, the poll managers shall lock and seal the ballot 1055
box, having first placed therein all ballots voted, all spoiled 1056
ballots and all unused ballots. There shall also be enclosed one 1057
(1) of the duplicate receipts given by the poll manager who 1058
received the blank ballots received for that box; and the total 1059
ballots voted, and the spoiled ballots, and the unused ballots 1060
must correspond in total with the duplicate receipt or else the 1061
failure thereof must be perfectly accounted for by a written 1062
statement, under oath of the poll managers, which statement must 1063
be enclosed in the ballot box. There shall also be enclosed in 1064
the box the tally list, the receipt book containing the signed 1065
names of the voters who voted; and the number of ballots voted 1066
must correspond with the number of names signed in the receipt 1067
book. 1068
SECTION 22. Section 23-15-595, Mississippi Code of 1972, is 1069
amended as follows: 1070
23-15-595. The box containing the ballots and other records 1071
required by this chapter shall, immediately after the ballots have 1072
been counted, be delivered by one (1) of the poll managers to the 1073
clerk of the circuit court of the county and the clerk shall, in 1074
the presence of the poll manager making delivery of the box, place 1075
upon the lock of such box a tamper-evident seal. The seals shall 1076
be numbered consecutively to the number of ballot boxes used in 1077
the election in the county, and the clerk shall keep in a place 1078
separate from such boxes a record of the number of the seal of 1079
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each separate box in the county. The board of supervisors of the 1080
county shall pay the cost of providing the seals. Upon demand of 1081
the chair of the county executive committee in the case of primary 1082
elections, or the county election commissioner in the case of 1083
other elections, the boxes and their contents shall be delivered 1084
to the county executive committee, or the county election 1085
commission, as appropriate, and after such committee or 1086
commission, as appropriate, has finished the work of tabulating 1087
returns and counting ballots as required by law on the night of 1088
the election, the committee or commission, as appropriate, shall 1089
return all papers and ballots to the box of the precinct where the 1090
election was held, and it shall make redelivery of the boxes and 1091
their contents to the circuit clerk who shall reseal the boxes. 1092
Upon every occasion the boxes shall be reopened and each resealing 1093
shall be done as provided in this chapter. The tabulating of all 1094
returns and the counting of all ballots other than affidavit 1095
ballots must be finished on the night of the election and reported 1096
to the tabulating center. 1097
SECTION 23. Section 23-15-571, Mississippi Code of 1972, is 1098
amended as follows: 1099
23-15-571. (1) The following persons shall be designated as 1100
authorized challengers and shall be allowed to challenge the 1101
qualifications of any person offering to vote: 1102
(a) Any candidate whose name is on the ballot in the 1103
precinct in which the challenge is made; 1104
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(b) Any official poll watcher of a candidate whose name 1105
is on the ballot in the precinct in which the challenge is made; 1106
(c) Any official poll watcher of a political party for 1107
the precinct in which the challenge is made; 1108
(d) Any qualified elector from the precinct in which 1109
the challenge is made; * * * 1110
(e) Any poll manager or poll worker in the polling 1111
place where the person whose qualifications are challenged is 1112
offering to vote * * *; or 1113
(f) The registrar in the registrar's office where the 1114
person whose qualifications are challenged is offering to vote. 1115
(2) The challenge of any authorized challenger shall be 1116
considered and acted upon by the * * * appropriate election 1117
officials. 1118
(3) A person offering to vote may be challenged upon the 1119
following grounds: 1120
(a) That the voter is not a registered voter in the 1121
precinct; 1122
(b) That the voter is not the registered voter under 1123
whose name the voter has applied to vote; 1124
(c) That the voter has already voted in the election; 1125
(d) That the voter is not a resident in the precinct 1126
where the voter is registered; 1127
(e) That the voter has illegally registered to vote; 1128
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(f) That the voter has removed his or her ballot from 1129
the polling place; or 1130
(g) That the voter is otherwise disqualified by law. 1131
SECTION 24. Section 23-15-577, Mississippi Code of 1972, is 1132
amended as follows: 1133
23-15-577. (1) Each candidate on the ballot shall have the 1134
right, either in person or by a credentialed poll watcher, to be 1135
present at the * * * location in which an election is being held. 1136
In general and special elections, each political party that has a 1137
candidate on the ballot shall have the right to be represented at 1138
the * * * location in which an election is being held by two (2) 1139
credentialed poll watchers. 1140
(2) A credentialed poll watcher means a poll watcher of good 1141
conduct and behavior, authorized in writing to act as the 1142
representative of a candidate on the ballot or political party 1143
that has a candidate on the ballot. The written authorization of 1144
the candidate or political party must be presented to a poll 1145
manager or registrar by the certified poll watcher upon arrival at 1146
the polling place. 1147
(3) Poll managers or the registrar shall provide candidates 1148
and credentialed poll watchers with a suitable position, to the 1149
extent possible, from which they may be able to clearly see and 1150
hear the manner in which the election is held. Candidates and 1151
credentialed poll watchers shall be authorized to bring their own 1152
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pollbooks, whether in a print or electronic form, to the polling 1153
place during each general and special election. 1154
(4) Candidates and credentialed poll watchers shall be 1155
allowed to challenge the qualifications of any person offering to 1156
vote, and their challenge shall be considered and acted upon by 1157
the poll managers or the registrar. However, candidates and 1158
credentialed poll watchers shall not be allowed to interfere in 1159
the election process, which shall include, but not be limited to, 1160
the following: 1161
(a) Communicating with any voter; 1162
(b) Physically touching or handling any ballot, 1163
absentee ballot envelope, absentee ballot application or affidavit 1164
ballot envelope; 1165
(c) Viewing or photographing the pollbooks while at the 1166
polling place; or 1167
(d) Photographing the receipt books while at the 1168
polling place. 1169
SECTION 25. Section 23-15-579, Mississippi Code of 1972, is 1170
amended as follows: 1171
23-15-579. (1) All votes, which shall be challenged at the 1172
polls or registrar's office, whether the question be raised by a 1173
poll manager, registrar or another authorized challenger, shall be 1174
considered by the * * * appropriate election officials at that 1175
time. 1176
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(2) When it so clearly appears in the unanimous opinion of 1177
the poll managers or registrar, either by the admissions or 1178
statements of the person challenged or from documentary or oral 1179
evidence then presented to the poll managers, that the challenge 1180
is well taken, the vote shall be rejected entirely and shall not 1181
be counted. In such case, the challenged voter shall mark his or 1182
her choices and cast his or her vote by paper ballot. After the 1183
ballot has been marked by the challenged voter, it shall be marked 1184
by the poll manager on the back "REJECTED" and the name of the 1185
voter and the reason the ballot of the challenged voter was 1186
rejected shall also be written on the back of the ballot. All 1187
rejected ballots shall be placed in the ballot box until the close 1188
of the polls at which time, upon the opening of the ballot box, 1189
all rejected ballots shall be placed in a separate strong envelope 1190
and returned to the box. 1191
(3) When it so clearly appears in the unanimous opinion of 1192
the poll managers or registrar, either by the admissions or 1193
statements of the person challenged or from documentary or oral 1194
evidence then presented to the poll managers, that the challenge 1195
is frivolous and not made in good faith, the poll managers shall 1196
disregard the challenge and the voter shall cast his or her vote 1197
as other voters in the polling place as though not challenged. 1198
(4) When it does not so clearly appear whether the challenge 1199
is well taken or frivolous and no unanimous decision can be made 1200
by the poll managers or registrar, the challenged voter shall mark 1201
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ST: In-person absentee voting; require use of
OMR equipment and establish security measures
and procedure to challenge.
his or her choices and cast his or her vote by paper ballot. 1202
After the ballot has been marked by the challenged voter, it shall 1203
be marked by the poll managers on the back "CHALLENGED," and the 1204
name of the voter and the reason the challenge of the voter was 1205
made shall also be written on the back of the ballot. All 1206
challenged ballots shall be placed in the ballot box until the 1207
close of the polls at which time, upon the opening of the ballot 1208
box, all challenged ballots shall be removed therefrom and 1209
separately counted, tallied and totaled with a separate return 1210
made of the challenged votes. Challenged ballots shall be placed 1211
in a separate strong envelope, and returned to the ballot box. 1212
SECTION 26. (1) The Secretary of State shall require, at 1213
the close of business on each day during the period that in-person 1214
absentee voting is conducted, the Office of the Circuit Clerk to 1215
cause a daily report to be generated and printed by the OMR 1216
equipment tabulating the total number of absentee ballots that 1217
were cast in person that day. 1218
(2) The circuit clerk shall make the daily report required 1219
under subsection (1) of this section available to the public upon 1220
request. 1221
SECTION 27. This act shall take effect and be in force from 1222
and after July 1, 2026. 1223