Absentee ballots; require receipt day before federal election if U.S. Supreme Court rules federal laws preempt state.

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To: Apportionment and
Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Sanford

HOUSE BILL NO. 908

AN ACT TO AMEND SECTIONS 23-15-631, 23-15-637, 23-15-639, 1
23-15-651 AND 23-15-721, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL 2
ABSENTEE BALLOTS TO BE RECEIVED BY THE DAY BEFORE AN ELECTION THAT 3
INCLUDES A FEDERAL OFFICE IF THE UNITED STATES SUPREME COURT 4
DETERMINES THAT STATE LAWS GOVERNING ABSENTEE AND MAIL-IN BALLOTS 5
ARE PREEMPTED BY FEDERAL LAW AS TO FEDERAL ELECTIONS; AND FOR 6
RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 23-15-631, Mississippi Code of 1972, is 9
amended as follows: 10
[Until the date on which the State Attorney General 11
determines and publishes in the administrative bulletin published 12
by the Secretary of State that the United States Supreme Court has 13
made a determination that state laws governing absentee and 14
mail-in ballots are preempted by federal law, this section will 15
read as follows:] 16
23-15-631. (1) The registrar shall enclose with each ballot 17
mailed to an absent elector separate printed instructions 18
furnished by the registrar containing the following: 19
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(a) All absentee voters, excepting those with temporary 20
or permanent physical disabilities or those who are sixty-five 21
(65) years of age or older, who mark their ballots in the county 22
of the residence shall use the registrar of that county as the 23
witness. The absentee voter shall come to the office of the 24
registrar and neither the registrar nor his or her deputy shall be 25
required to go out of the registrar's office to serve as an 26
attesting witness. 27
(b) Upon receipt of the enclosed ballot, you will not 28
mark the ballot except in view or sight of the attesting witness. 29
In the sight or view of the attesting witness, mark the ballot 30
according to instructions. 31
(c) After marking the ballot, fill out and sign the 32
"ELECTOR'S CERTIFICATE" in the box on the back of the envelope so 33
that the signature is across the flap of the envelope to ensure 34
the integrity of the ballot. All absent electors shall have the 35
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 36
box across the flap on the back of the envelope. A portion of the 37
elector's signature extending outside of the box shall not be 38
grounds for rejecting that elector's ballot. Place the necessary 39
postage on the envelope and deposit it in the post office or some 40
government receptacle provided for the deposit of mail so that the 41
absent elector's ballot will be postmarked on or before the date 42
of the election and received by the registrar no more than five 43
(5) business days after the election. The ballot may only be 44
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transmitted by the United States Postal Service or other common 45
carriers, including, but not limited to, United Parcel Service or 46
FedEx Corporation. 47
Any notary public, United States postmaster, assistant United 48
States postmaster, United States postal supervisor, clerk in 49
charge of a contract postal station, or other officer having 50
authority to administer an oath or take an acknowledgment may be 51
an attesting witness; provided, however, that in the case of an 52
absent elector who is temporarily or permanently physically 53
disabled, the attesting witness may be any person eighteen (18) 54
years of age or older and such person is not required to have the 55
authority to administer an oath. If a postmaster, assistant 56
postmaster, postal supervisor, or clerk in charge of a contract 57
postal station acts as an attesting witness, his or her signature 58
in a box on the elector's certificate must be authenticated by the 59
cancellation stamp of their respective post offices. If an 60
officer having authority to administer an oath or take an 61
acknowledgment acts as attesting witness, his or her signature in 62
a box on the elector's certificate, together with his or her title 63
and address, but no seal, shall be required. A portion of the 64
elector's signature extending outside of the box shall not be 65
grounds for rejecting that elector's ballot. Any affidavits made 66
by an absent elector who is in the Armed Forces may be executed 67
before a commissioned officer, warrant officer, or noncommissioned 68
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officer not lower in grade than sergeant rating or any person 69
authorized to administer oaths. 70
(d) When the application accompanies the ballot it 71
shall not be returned in the same envelope as the ballot but shall 72
be returned in a separate pre-addressed envelope provided by the 73
registrar. 74
(e) A candidate for public office, or the spouse, 75
parent or child of a candidate for public office, may not be an 76
attesting witness for any absentee ballot upon which the 77
candidate's name appears, unless the voter is related within the 78
first degree to the candidate or the spouse, parent or child of 79
the candidate. 80
(f) Any voter casting an absentee ballot who declares 81
that he or she requires assistance to vote by reason of blindness, 82
temporary or permanent physical disability or inability to read or 83
write, shall be entitled to receive assistance in the marking of 84
his or her absentee ballot and in completing the affidavit on the 85
absentee ballot envelope. The voter may be given assistance by 86
anyone of the voter's choice other than a candidate whose name 87
appears on the absentee ballot being marked, the spouse, parent or 88
child of a candidate whose name appears on the absentee ballot 89
being marked or the voter's employer, an agent of that employer or 90
a union representative; however, a candidate whose name is on the 91
ballot or the spouse, parent or child of such candidate may 92
provide assistance upon request to any voter who is related within 93
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the first degree. In order to ensure the integrity of the ballot, 94
any person who provides assistance to an absentee voter shall be 95
required to sign and complete the "Certificate of Person Providing 96
Voter Assistance" on the absentee ballot envelope. 97
(2) The foregoing instructions required to be provided by 98
the registrar to the elector shall also constitute the substantive 99
law pertaining to the handling of absentee ballots by the elector 100
and registrar. 101
(3) The Secretary of State shall prepare instructions on how 102
absent voters may comply with the identification requirements of 103
Section 23-15-563. 104
[From and after the date on which the State Attorney General 105
determines and publishes in the administrative bulletin published 106
by the Secretary of State that the United States Supreme Court has 107
made a determination that state laws governing absentee and 108
mail-in ballots are preempted by federal law, this section will 109
read as follows:] 110
23-15-631. (1) The registrar shall enclose with each ballot 111
mailed to an absent elector separate printed instructions 112
furnished by the registrar containing the following: 113
(a) All absentee voters, excepting those with temporary 114
or permanent physical disabilities or those who are sixty-five 115
(65) years of age or older, who mark their ballots in the county 116
of the residence shall use the registrar of that county as the 117
witness. The absentee voter shall come to the office of the 118
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registrar and neither the registrar nor his or her deputy shall be 119
required to go out of the registrar's office to serve as an 120
attesting witness. 121
(b) Upon receipt of the enclosed ballot, you will not 122
mark the ballot except in view or sight of the attesting witness. 123
In the sight or view of the attesting witness, mark the ballot 124
according to instructions. 125
(c) After marking the ballot, fill out and sign the 126
"ELECTOR'S CERTIFICATE" in the box on the back of the envelope so 127
that the signature is across the flap of the envelope to ensure 128
the integrity of the ballot. All absent electors shall have the 129
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 130
box across the flap on the back of the envelope. A portion of the 131
elector's signature extending outside of the box shall not be 132
grounds for rejecting that elector's ballot. Place the necessary 133
postage on the envelope and deposit it in the post office or some 134
government receptacle provided for the deposit of mail so that the 135
absent elector's ballot will be * * * received by the 136
registrar * * * by the day before the election. The ballot may 137
only be transmitted by the United States Postal Service or other 138
common carriers, including, but not limited to, United Parcel 139
Service or FedEx Corporation. 140
Any notary public, United States postmaster, assistant United 141
States postmaster, United States postal supervisor, clerk in 142
charge of a contract postal station, or other officer having 143
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authority to administer an oath or take an acknowledgment may be 144
an attesting witness; provided, however, that in the case of an 145
absent elector who is temporarily or permanently physically 146
disabled, the attesting witness may be any person eighteen (18) 147
years of age or older and such person is not required to have the 148
authority to administer an oath. If a postmaster, assistant 149
postmaster, postal supervisor, or clerk in charge of a contract 150
postal station acts as an attesting witness, his or her signature 151
in a box on the elector's certificate must be authenticated by the 152
cancellation stamp of their respective post offices. If an 153
officer having authority to administer an oath or take an 154
acknowledgment acts as attesting witness, his or her signature in 155
a box on the elector's certificate, together with his or her title 156
and address, but no seal, shall be required. A portion of the 157
elector's signature extending outside of the box shall not be 158
grounds for rejecting that elector's ballot. Any affidavits made 159
by an absent elector who is in the Armed Forces may be executed 160
before a commissioned officer, warrant officer, or noncommissioned 161
officer not lower in grade than sergeant rating or any person 162
authorized to administer oaths. 163
(d) When the application accompanies the ballot it 164
shall not be returned in the same envelope as the ballot but shall 165
be returned in a separate pre-addressed envelope provided by the 166
registrar. 167
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(e) A candidate for public office, or the spouse, 168
parent or child of a candidate for public office, may not be an 169
attesting witness for any absentee ballot upon which the 170
candidate's name appears, unless the voter is related within the 171
first degree to the candidate or the spouse, parent or child of 172
the candidate. 173
(f) Any voter casting an absentee ballot who declares 174
that he or she requires assistance to vote by reason of blindness, 175
temporary or permanent physical disability or inability to read or 176
write, shall be entitled to receive assistance in the marking of 177
his or her absentee ballot and in completing the affidavit on the 178
absentee ballot envelope. The voter may be given assistance by 179
anyone of the voter's choice other than a candidate whose name 180
appears on the absentee ballot being marked, the spouse, parent or 181
child of a candidate whose name appears on the absentee ballot 182
being marked or the voter's employer, an agent of that employer or 183
a union representative; however, a candidate whose name is on the 184
ballot or the spouse, parent or child of such candidate may 185
provide assistance upon request to any voter who is related within 186
the first degree. In order to ensure the integrity of the ballot, 187
any person who provides assistance to an absentee voter shall be 188
required to sign and complete the "Certificate of Person Providing 189
Voter Assistance" on the absentee ballot envelope. 190
(2) The foregoing instructions required to be provided by 191
the registrar to the elector shall also constitute the substantive 192
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law pertaining to the handling of absentee ballots by the elector 193
and registrar. 194
(3) The Secretary of State shall prepare instructions on how 195
absent voters may comply with the identification requirements of 196
Section 23-15-563. 197
SECTION 2. Section 23-15-637, Mississippi Code of 1972, is 198
amended as follows: 199
[Until the date on which the State Attorney General 200
determines and publishes in the administrative bulletin published 201
by the Secretary of State that the United States Supreme Court has 202
made a determination that state laws governing absentee and 203
mail-in ballots are preempted by federal law, this section will 204
read as follows:] 205
23-15-637. (1) (a) Absentee ballots and applications 206
received by mail, except for fax or electronically transmitted 207
ballots as otherwise provided by Section 23-15-699 for UOCAVA 208
ballots, or common carrier, such as United Parcel Service or FedEx 209
Corporation, must be postmarked on or before the date of the 210
election and received by the registrar no more than five (5) 211
business days after the election; any received after such time 212
shall be handled as provided in Section 23-15-647 and shall not be 213
counted. 214
(b) All ballots cast by the absent elector appearing in 215
person in the office of the registrar shall be cast with an 216
absentee paper ballot and deposited into a sealed ballot box by 217
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the voter, not later than 12:00 noon on the Saturday immediately 218
preceding elections held on Tuesday, the Thursday immediately 219
preceding elections held on Saturday, or the second day 220
immediately preceding the date of elections held on other days. 221
At the close of business each day at the office of the registrar, 222
the ballot box used shall be sealed and not unsealed until the 223
beginning of the next business day, and the seal number shall be 224
recorded with the number of ballots cast which shall be stored in 225
a secure location in the registrar's office. 226
(2) The registrar shall deposit all absentee ballots which 227
have been timely cast and received by mail in a secured and sealed 228
box in a designated location in the registrar's office upon 229
receipt. The registrar shall not send any absentee ballots to the 230
precinct polling locations. 231
(3) The Secretary of State shall promulgate rules and 232
regulations necessary to ensure that when a qualified elector who 233
is qualified to vote absentee votes by absentee ballot, either by 234
mail or in person with a regular paper ballot, that person's 235
absentee vote is final and he or she may not vote at the polling 236
place on election day. Notwithstanding any other provisions of 237
law to the contrary, the Secretary of State shall promulgate rules 238
and regulations necessary to ensure that absentee ballots shall 239
remain in the registrar's office for counting and not be taken to 240
the precincts on election day. 241
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[From and after the date on which the State Attorney General 242
determines and publishes in the administrative bulletin published 243
by the Secretary of State that the United States Supreme Court has 244
made a determination that state laws governing absentee and 245
mail-in ballots are preempted by federal law, this section will 246
read as follows:] 247
23-15-637. (1) (a) Absentee ballots and applications 248
received by mail, except for fax or electronically transmitted 249
ballots as otherwise provided by Section 23-15-699 for UOCAVA 250
ballots, or common carrier, such as United Parcel Service or FedEx 251
Corporation, must be * * * received by the registrar * * * by the 252
day before the election; any received after such time shall be 253
handled as provided in Section 23-15-647 and shall not be counted. 254
(b) All ballots cast by the absent elector appearing in 255
person in the office of the registrar shall be cast with an 256
absentee paper ballot and deposited into a sealed ballot box by 257
the voter, not later than 12:00 noon on the Saturday immediately 258
preceding elections held on Tuesday, the Thursday immediately 259
preceding elections held on Saturday, or the second day 260
immediately preceding the date of elections held on other days. 261
At the close of business each day at the office of the registrar, 262
the ballot box used shall be sealed and not unsealed until the 263
beginning of the next business day, and the seal number shall be 264
recorded with the number of ballots cast which shall be stored in 265
a secure location in the registrar's office. 266
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(2) The registrar shall deposit all absentee ballots which 267
have been timely cast and received by mail in a secured and sealed 268
box in a designated location in the registrar's office upon 269
receipt. The registrar shall not send any absentee ballots to the 270
precinct polling locations. 271
(3) The Secretary of State shall promulgate rules and 272
regulations necessary to ensure that when a qualified elector who 273
is qualified to vote absentee votes by absentee ballot, either by 274
mail or in person with a regular paper ballot, that person's 275
absentee vote is final and he or she may not vote at the polling 276
place on election day. Notwithstanding any other provisions of 277
law to the contrary, the Secretary of State shall promulgate rules 278
and regulations necessary to ensure that absentee ballots shall 279
remain in the registrar's office for counting and not be taken to 280
the precincts on election day. 281
SECTION 3. Section 23-15-639, Mississippi Code of 1972, is 282
amended as follows: 283
[Until the date on which the State Attorney General 284
determines and publishes in the administrative bulletin published 285
by the Secretary of State that the United States Supreme Court has 286
made a determination that state laws governing absentee and 287
mail-in ballots are preempted by federal law, this section will 288
read as follows:] 289
23-15-639. (1) The examination and counting of all absentee 290
ballots shall be conducted as follows: 291
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(a) At the opening of the regular balloting and at the 292
opening of the polls, the resolution board established under 293
Section 23-15-523 and trained in the process of canvassing 294
absentee ballots shall first take the envelopes containing the 295
absentee ballots of such electors from the secure location at the 296
registrar's office, and the name, address and precinct inscribed 297
on each envelope shall be announced by the resolution board. 298
(b) (i) For absentee ballots that were received by 299
mail, the signature on the application shall then be compared with 300
the signature in the box on the back of the envelope. A portion 301
of the elector's signature extending outside of the box shall not 302
be grounds for rejecting that elector's ballot. If it corresponds 303
and the affidavit, if one is required, is sufficient and the 304
resolution board finds that the applicant is a registered and 305
qualified voter or otherwise qualified to vote, the envelope shall 306
then be opened and the ballot removed from the envelope, without 307
its being unfolded, or permitted to be unfolded or examined. 308
(ii) For absentee ballots that were cast in person 309
in the registrar's office, the resolution board shall confirm that 310
the voter completed the application on the front of the envelope 311
and signed the elector's certificate in the box on the back of the 312
envelope. If it is signed and the resolution board finds that the 313
applicant is a registered and qualified voter or otherwise 314
qualified to vote, the envelope shall be opened and the absentee 315
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ballot removed from the envelope, without its being unfolded, or 316
permitted to be unfolded or examined. 317
(c) Having observed and found the ballot to be regular 318
as far as can be observed from its official endorsement, the 319
resolution board shall deposit it in the ballot box with the other 320
ballots before counting any ballots and enter the voter's name in 321
the receipt book provided for that purpose. All absentee ballots 322
received prior to 7:00 p.m. the day before the election shall be 323
counted in the registrar's office by the resolution board when the 324
polls close and then added to the votes cast in each precinct. 325
All absentee ballots received after 7:00 p.m. the day before the 326
election but not later than the fifth business day after the 327
election shall be processed by the resolution board. 328
(2) The resolution board shall also take such action as may 329
be prescribed by the Secretary of State to ensure compliance with 330
the identification requirements of Section 23-15-563. 331
(3) The resolution board shall process the absentee ballots 332
using the procedure provided in subsection (1) of this section. 333
[From and after the date on which the State Attorney General 334
determines and publishes in the administrative bulletin published 335
by the Secretary of State that the United States Supreme Court has 336
made a determination that state laws governing absentee and 337
mail-in ballots are preempted by federal law, this section will 338
read as follows:] 339
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23-15-639. (1) The examination and counting of all absentee 340
ballots shall be conducted as follows: 341
(a) At the opening of the regular balloting and at the 342
opening of the polls, the resolution board established under 343
Section 23-15-523 and trained in the process of canvassing 344
absentee ballots shall first take the envelopes containing the 345
absentee ballots of such electors from the secure location at the 346
registrar's office, and the name, address and precinct inscribed 347
on each envelope shall be announced by the resolution board. 348
(b) (i) For absentee ballots that were received by 349
mail, the signature on the application shall then be compared with 350
the signature in the box on the back of the envelope. A portion 351
of the elector's signature extending outside of the box shall not 352
be grounds for rejecting that elector's ballot. If it corresponds 353
and the affidavit, if one is required, is sufficient and the 354
resolution board finds that the applicant is a registered and 355
qualified voter or otherwise qualified to vote, the envelope shall 356
then be opened and the ballot removed from the envelope, without 357
its being unfolded, or permitted to be unfolded or examined. 358
(ii) For absentee ballots that were cast in person 359
in the registrar's office, the resolution board shall confirm that 360
the voter completed the application on the front of the envelope 361
and signed the elector's certificate in the box on the back of the 362
envelope. If it is signed and the resolution board finds that the 363
applicant is a registered and qualified voter or otherwise 364
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qualified to vote, the envelope shall be opened and the absentee 365
ballot removed from the envelope, without its being unfolded, or 366
permitted to be unfolded or examined. 367
(c) Having observed and found the ballot to be regular 368
as far as can be observed from its official endorsement, the 369
resolution board shall deposit it in the ballot box with the other 370
ballots before counting any ballots and enter the voter's name in 371
the receipt book provided for that purpose. All absentee ballots 372
received prior to 7:00 p.m. the day before the election shall be 373
counted in the registrar's office by the resolution board when the 374
polls close and then added to the votes cast in each precinct. 375
* * * 376
(2) The resolution board shall also take such action as may 377
be prescribed by the Secretary of State to ensure compliance with 378
the identification requirements of Section 23-15-563. 379
(3) The resolution board shall process the absentee ballots 380
using the procedure provided in subsection (1) of this section. 381
SECTION 4. Section 23-15-651, Mississippi Code of 1972, is 382
amended as follows: 383
[Until the date on which the State Attorney General 384
determines and publishes in the administrative bulletin published 385
by the Secretary of State that the United States Supreme Court has 386
made a determination that state laws governing absentee and 387
mail-in ballots are preempted by federal law, this section will 388
read as follows:] 389
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23-15-651. The results of the vote by absentee balloting 390
shall be announced simultaneously with the vote cast on election 391
day; provided that absentee ballots received after 7:00 p.m. the 392
day before the election shall be kept in a secured and sealed 393
ballot box, and shall be announced after the five-business-day 394
period for receiving absentee ballots. 395
[From and after the date on which the State Attorney General 396
determines and publishes in the administrative bulletin published 397
by the Secretary of State that the United States Supreme Court has 398
made a determination that state laws governing absentee and 399
mail-in ballots are preempted by federal law, this section will 400
read as follows:] 401
23-15-651. The results of the vote by absentee balloting 402
shall be announced simultaneously with the vote cast on election 403
day * * *. 404
SECTION 5. Section 23-15-721, Mississippi Code of 1972, is 405
amended as follows: 406
[Until the date on which the State Attorney General 407
determines and publishes in the administrative bulletin published 408
by the Secretary of State that the United States Supreme Court has 409
made a determination that state laws governing absentee and 410
mail-in ballots are preempted by federal law, this section will 411
read as follows:] 412
23-15-721. (1) Absentee ballots requested under the 413
provisions of Section 23-15-715 for electors temporarily residing 414
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outside the county of residence shall be mailed to the elector's 415
address outside of the county in which he or she is registered, 416
and such electors shall appear before any official authorized to 417
administer oaths or other official authorized to witness absentee 418
balloting as provided in this article. The elector shall exhibit 419
to such official his or her absentee ballot unmarked and thereupon 420
proceed in secret to fill in the ballot. After the elector has 421
properly marked the ballot and properly folded it, he or she shall 422
deposit it in the envelope furnished to him or her. After the 423
elector has sealed the envelope he or she shall deliver it to the 424
official before whom he or she is appearing and shall subscribe 425
and swear to the elector's certificate provided for in Section 426
23-15-635, which affidavit shall be printed on the back of the 427
envelope as provided for in Section 23-15-635 containing the 428
elector's ballot. 429
(2) Electors who are temporarily or permanently physically 430
disabled shall sign the elector's certificate and the certificate 431
of attesting witness shall be signed by any person eighteen (18) 432
years of age or older. 433
(3) After the completion of the requirements of this 434
section, the elector shall mail the envelope containing the ballot 435
to the registrar in the county wherein the elector is qualified to 436
vote. The ballots must be postmarked by the date of the election 437
and received by the registrar no more than five (5) business days 438
after the election to be counted; any received after such time 439
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shall be handled as provided in Section 23-15-647 and shall not be 440
counted. 441
[From and after the date on which the State Attorney General 442
determines and publishes in the administrative bulletin published 443
by the Secretary of State that the United States Supreme Court has 444
made a determination that state laws governing absentee and 445
mail-in ballots are preempted by federal law, this section will 446
read as follows:] 447
23-15-721. (1) Absentee ballots requested under the 448
provisions of Section 23-15-715 for electors temporarily residing 449
outside the county of residence shall be mailed to the elector's 450
address outside of the county in which he or she is registered, 451
and such electors shall appear before any official authorized to 452
administer oaths or other official authorized to witness absentee 453
balloting as provided in this article. The elector shall exhibit 454
to such official his or her absentee ballot unmarked and thereupon 455
proceed in secret to fill in the ballot. After the elector has 456
properly marked the ballot and properly folded it, he or she shall 457
deposit it in the envelope furnished to him or her. After the 458
elector has sealed the envelope he or she shall deliver it to the 459
official before whom he or she is appearing and shall subscribe 460
and swear to the elector's certificate provided for in Section 461
23-15-635, which affidavit shall be printed on the back of the 462
envelope as provided for in Section 23-15-635 containing the 463
elector's ballot. 464
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(2) Electors who are temporarily or permanently physically 465
disabled shall sign the elector's certificate and the certificate 466
of attesting witness shall be signed by any person eighteen (18) 467
years of age or older. 468
(3) After the completion of the requirements of this 469
section, the elector shall mail the envelope containing the ballot 470
to the registrar in the county wherein the elector is qualified to 471
vote. The ballots must be postmarked by the date of the election 472
and received by the registrar * * * by the day before the election 473
to be counted; any received after such time shall be handled as 474
provided in Section 23-15-647 and shall not be counted. 475
SECTION 6. At such time that the Attorney General of the 476
State of Mississippi determines that the United States Supreme 477
Court has made a determination that state laws governing absentee 478
and mail-in ballots, namely Sections 23-15-631, 23-15-637, 479
23-15-639, 23-15-651 and 23-15-721, are preempted by federal law, 480
namely 2 USC Section 7, 2 USC Section 1 and 3 USC Section 1, and 481
that as a result, the counting of absentee ballots postmarked on 482
or before election day that are received within five (5) business 483
days after the date of a federal election may not be accepted or 484
counted, the Attorney General shall publish this determination of 485
that fact in the administrative bulletin published by the 486
Secretary of State pursuant to Section 25-43-2.101. 487
SECTION 7. (1) If a provision of this act is found to be 488
unconstitutional, that provision is severable; and the other 489
H. B. No. 908 *HR43/R1773* ~ OFFICIAL ~
26/HR43/R1773
PAGE 21 (RKM\KP)
ST: Absentee ballots; require receipt day
before federal election if U.S. Supreme Court
rules federal laws preempt state.
provisions of this act remain effective except as provided in 490
other sections of this act. 491
(2) This act, or a provision of this act, may not be 492
construed to repeal, by implication or otherwise, any provision of 493
law not explicitly repealed. 494
(3) If a provision of this act is ever declared 495
unconstitutional or its enforcement temporarily or permanently 496
restricted or enjoined by judicial order, the provisions of 497
Sections 23-15-631, 23-15-637, 23-15-639, 23-15-651 and 23-15-721 498
shall be enforced. However, if the temporary or permanent 499
restraining order or injunction is subsequently stayed or 500
dissolved or the declaration vacated or any similar court order 501
otherwise ceases to have effect, all provisions of this act that 502
are not declared unconstitutional or whose enforcement is not 503
restrained shall have full force and effect. 504
(4) The provisions of Sections 23-15-631, 23-15-637, 505
23-15-639, 23-15-651 and 23-15-721 may not be construed to permit 506
any action that is prohibited by this act, and to the extent that 507
a provision of Section 23-15-631, 23-15-637, 23-15-639, 23-15-651 508
or 23-15-721 would be so construed, then the provisions of this 509
act shall take precedence. 510
SECTION 8. This act shall take effect and be in force from 511
and after its passage. 512