Voting rights; restore upon satisfaction of all of the sentencing requirements of conviction of a felony.

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To: Judiciary B;
Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Banks

HOUSE BILL NO. 862

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