Affidavit ballots; reduce length of time within which certain persons must present proper voter ID or execute religious exemption.

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To: Elections; Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2093

AN ACT TO AMEND SECTIONS 23-15-563 AND 23-15-573, MISSISSIPPI 1
CODE OF 1972, TO REDUCE THE LENGTH OF TIME AFTER THE ELECTION 2
WITHIN WHICH A VOTER WHO IS UNABLE TO PRESENT ACCEPTABLE 3
PHOTOGRAPHIC IDENTIFICATION MUST RETURN TO THE CIRCUIT OR 4
MUNICIPAL CLERK'S OFFICE TO PRESENT PHOTOGRAPHIC IDENTIFICATION OR 5
EXECUTE A RELIGIOUS EXEMPTION AFFIDAVIT; TO PROVIDE THAT SUCH 6
VOTERS MUST RETURN TO THE CIRCUIT OR MUNICIPAL CLERK'S OFFICE 7
WITHIN THREE RATHER THAN FIVE DAYS TO ENSURE THAT HIS OR HER 8
BALLOT IS COUNTED; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 23-15-563, Mississippi Code of 1972, is 11
amended as follows: 12
23-15-563. (1) Each person who appears to vote in person at 13
a polling place or the registrar's office shall be required to 14
identify himself or herself to a poll manager or the registrar by 15
presenting current and valid photo identification before such 16
person shall be allowed to vote. 17
(2) The identification required by subsection (1) of this 18
section shall include, but not be limited to, the following: 19
(a) A valid Mississippi driver's license; 20
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(b) A valid identification card issued by a branch, 21
department, agency or entity of the State of Mississippi; 22
(c) A valid United States passport; 23
(d) A valid employee identification card containing a 24
photograph of the elector and issued by any branch, department, 25
agency or entity of the United States government, the State of 26
Mississippi, or any county, municipality, board, authority or 27
other entity of this state; 28
(e) A current and valid Mississippi license to carry a 29
pistol or revolver; 30
(f) A valid tribal identification card containing a 31
photograph of the elector; 32
(g) A valid United States military identification card; 33
(h) A current and valid student identification card, 34
containing a photograph of the elector, issued by any accredited 35
college, university or community or junior college in the State of 36
Mississippi; and 37
(i) An official Mississippi voter identification card 38
containing a photograph of the elector. 39
(3) For purposes of this section valid shall mean an 40
official government document that establishes the voter's identity 41
and has no expiration date or has an issuance date not more than 42
ten (10) years prior to the date the document is presented. 43
(4) (a) A person who appears to vote in person at a polling 44
place and does not have identification as required by this section 45
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may vote by affidavit ballot. The affidavit ballot shall then be 46
counted if the person shall present acceptable photo 47
identification to the registrar within * * * three (3) days. 48
(b) An elector who has a religious objection to being 49
photographed may vote by affidavit ballot, and the elector, 50
within * * * three (3) days after the election, shall execute an 51
affidavit in the registrar's office affirming that the exemption 52
applies. 53
(5) The intentional failure of an election official to 54
require a voter to present identification as required by this 55
section shall be considered corrupt conduct under Section 97-13-19 56
and shall be reported to the Secretary of State and the Attorney 57
General. 58
SECTION 2. Section 23-15-573, Mississippi Code of 1972, is 59
amended as follows: 60
23-15-573. (1) If any person declares that he or she is a 61
registered voter in the jurisdiction in which he or she offers to 62
vote and that he or she is eligible to vote in the election, but 63
his or her name does not appear upon the pollbooks, or that he or 64
she is not able to cast a regular election day ballot under a 65
provision of state or federal law but is otherwise qualified to 66
vote, or that he or she has been illegally denied registration, or 67
that he or she is unable to present an acceptable form of photo 68
identification: 69
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(a) A poll manager shall notify the person that he or 70
she may cast an affidavit ballot at the election. 71
(b) The person shall be permitted to cast an affidavit 72
ballot at the polling place upon execution of a written affidavit 73
before one (1) of the poll managers stating that the individual: 74
(i) Believes he or she is a registered voter in 75
the jurisdiction in which he or she desires to vote and is 76
eligible to vote in the election; or 77
(ii) Is not able to cast a regular election day 78
ballot under a provision of state or federal law but is otherwise 79
qualified to vote; or 80
(iii) Believes that he or she has been illegally 81
denied registration; or 82
(iv) Is unable to present an acceptable form of 83
photo identification. 84
(c) The poll manager shall allow the individual to mark 85
a paper ballot properly endorsed by the initialing poll manager or 86
alternate initialing poll manager in accordance with Section 87
23-15-541, which shall be delivered by him or her to the proper 88
election official who shall enclose it in an affidavit ballot 89
envelope, with the written and signed affidavit of the voter 90
affixed to the envelope, seal the envelope and mark plainly upon 91
it the name of the person offering to vote. 92
(2) The affidavit ballot envelope shall include: 93
(a) The complete name of the voter; 94
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(b) A present and previous physical and mailing address 95
of the voter; 96
(c) Telephone numbers where the voter may be contacted; 97
(d) A statement that the affiant believes he or she is 98
registered to vote in the jurisdiction in which he or she offers 99
to vote; 100
(e) The signature of the affiant; and 101
(f) The signature of the poll manager at the polling 102
place at which the affiant offers to vote. 103
(3) (a) A separate receipt book shall be maintained for 104
affidavit voters, and the affidavit voters shall sign the receipt 105
book upon completing the affidavit ballot. 106
(b) If the affidavit voter is casting an affidavit 107
ballot because the voter is unable to present an acceptable form 108
of photo identification and the voter's name appears in the 109
pollbook, then the poll manager shall write "NO ID" across from 110
the voter's name and in the appropriate column in the pollbook. 111
(c) In canvassing the returns of the election, the 112
executive committee in primary elections, or the election 113
commissioners in other elections, shall examine the records and 114
allow the ballot to be counted, or not counted as it appears 115
legal. 116
(d) An affidavit ballot of a voter who was unable to 117
present an acceptable form of photo identification shall not be 118
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rejected for this reason if the voter does either of the 119
following: 120
(i) Returns to the circuit clerk's office, or to 121
the municipal clerk's office for municipal elections, within * * * 122
three (3) business days after the date of the election and 123
presents an acceptable form of photo identification; 124
(ii) Returns to the circuit clerk's office 125
within * * * three (3) business days after the date of the 126
election to obtain the Mississippi Voter Identification Card, or 127
in municipal election, returns to the municipal clerk's office 128
within * * * three (3) business days after the date of the 129
election to present his or her Mississippi Voter Identification 130
Card or Temporary Mississippi Voter Identification Card; or 131
(iii) Returns to the circuit clerk's office, or to 132
the municipal clerk's office for municipal elections, within * * * 133
three (3) business days after the date of the election to execute 134
a separate Affidavit of Religious Objection. 135
(4) When a person is offered the opportunity to vote by 136
affidavit ballot, he or she shall be provided with written 137
information that informs the person how to ascertain whether his 138
or her affidavit ballot was counted and, if the vote was not 139
counted, the reasons the vote was not counted. 140
(5) The officials in charge of the election shall process 141
all affidavit ballots by using the Statewide Elections Management 142
System. The officials in charge of the election shall account for 143
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all affidavit ballots cast in each election, categorizing the 144
affidavit ballots cast by reason and recording the total number of 145
affidavit ballots counted and not counted in each such category in 146
the Statewide Elections Management System. 147
(6) The Secretary of State shall, by rule duly adopted, 148
establish a uniform affidavit ballot envelope that shall be used 149
in all elections in this state. The Secretary of State shall 150
print and distribute a sufficient number of affidavit ballot 151
envelopes to the registrar of each county for use in elections. 152
The registrar shall distribute the affidavit ballot envelopes to 153
municipal and county executive committees for use in primary 154
elections and to municipal and county election commissioners for 155
use in all other elections. 156
(7) County registrars and municipal registrars shall 157
maintain a secure free access system that complies with the Help 158
America Vote Act of 2002, by which persons who vote by affidavit 159
ballot may determine if their ballots were counted, and if not, 160
the reasons the ballot was not counted. 161
(8) Any person who votes in any election as a result of a 162
federal or state court order or other order extending the time 163
established by law for closing the polls on an election day, may 164
only vote by affidavit ballot. Any affidavit ballot cast under 165
this subsection shall be separated and kept apart from other 166
affidavit ballots cast by voters not affected by the order. 167
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ST: Affidavit ballots; reduce length of time
within which certain persons must present proper
voter ID or execute religious exemption.
SECTION 3. This act shall take effect and be in force from 168
and after July 1, 2026. 169