SB2215 • 2026

Suffrage; provide for restoration upon completion of sentence or placement on probation.

AN ACT TO RESTORE THE RIGHT OF SUFFRAGE TO CERTAIN PERSONS DISQUALIFIED BY REASON OF CONVICTION OF A DISENFRANCHISING CRIME; TO PROVIDE THAT SUCH PERSONS SHALL BE ENFRANCHISED AFTER COMPLETING THE TERM OF INCARCERATION AND PAROLE OR UPON THE IMPOSITION OF A PROBATION-ONLY SENTENCE FOR SUCH CRIMES; TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE REMOVAL OF A PERSON'S NAME FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM UNLESS THE PERSON IS SERVING A TERM OF INCARCERATION OR PAROLE FOR A DISENFRANCHISING CRIME AT THE TIME OF REMOVAL; TO PROVIDE THAT A COURT'S CERTIFICATION OF A CONVICTION FOR PURPOSES OF REMOVAL FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM MUST INDICATE THE TYPE OF SENTENCE IMPOSED; TO AMEND SECTION 23-15-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CIRCUIT CLERK'S ENROLLMENT BOOK LISTING THE NAMES OF PERSONS CONVICTED OF DISENFRANCHISING CRIMES MUST BE UPDATED TO EXCLUDE THE NAMES OF THOSE PERSONS ENFRANCHISED UNDER THIS ACT; TO AMEND SECTIONS 23-15-125 AND 23-15-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE VOTER ROLL AND POLLBOOKS MUST BE UPDATED IN A MANNER CONSISTENT WITH THIS ACT; TO AMEND SECTIONS 23-15-39 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE WILL ADOPT VOTER REGISTRATION APPLICATIONS WHICH STATE THAT A PERSON RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT IS NOT DISQUALIFIED FROM REGISTERING TO VOTE; TO AMEND SECTIONS 23-15-213, 23-15-223 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE WILL DEVELOP AND IMPLEMENT TRAINING FOR ELECTION COMMISSIONERS, REGISTRARS AND POLL MANAGERS WHICH WILL INSTRUCT THEM ON THEIR DUTIES WITH REGARD TO PERSONS RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT; TO AMEND SECTION 23-15-165, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE WILL UPDATE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM IN A MANNER THAT WILL ALLOW LOCAL ELECTION OFFICIALS TO VERIFY WHETHER A PERSON HAS A DISQUALIFYING CONVICTION; TO BRING FORWARD SECTION 23-15-573, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR CASTING AN AFFIDAVIT BALLOT, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Crime Elections

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Simmons (12th)
Last action: 2026-02-03
Official status: Dead
Effective date: Passage

Plain English Breakdown

The bill text does not specify the exact number of individuals who would be affected by this change.

Restoring Voting Rights After Certain Convictions

This bill aims to restore voting rights to individuals who were disqualified due to a conviction of specific crimes after they complete their sentences or are placed on probation.

What This Bill Does

Restores the right to vote for individuals convicted of certain disenfranchising crimes upon completion of incarceration and parole, or if sentenced only to probation.
Updates state laws to ensure that people's names will not be removed from voter registration lists unless they are currently serving time in prison or on parole.
Requires courts to provide detailed information about the type of sentence given when removing someone’s name from voting records.
Directs election officials to update their systems and training materials to reflect changes regarding who can vote under this new law.

Who It Names or Affects

People convicted of certain crimes in Mississippi
Election officials responsible for maintaining voting records and conducting elections

Terms To Know

Disenfranchising crime: A specific type of criminal offense that can result in the loss of voting rights.
Enfranchise: To restore or grant someone the right to vote.

Limits and Unknowns

The bill did not pass and therefore its provisions are not currently law.
It is unclear how many people would be affected by this change in voting rights restoration rules.

Bill History

2026-02-03 Mississippi Legislative Bill Status System
02/03 (S) Died In Committee
2026-01-14 Mississippi Legislative Bill Status System
01/14 (S) Referred To Elections

Official Summary Text

Suffrage; provide for restoration upon completion of sentence or placement on probation.

Current Bill Text

Read the full stored bill text

S. B. No. 2215 *SS26/R632* ~ OFFICIAL ~ G2/3
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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2215

AN ACT TO RESTORE THE RIGHT OF SUFFRAGE TO CERTAIN PERSONS 1
DISQUALIFIED BY REASON OF CONVICTION OF A DISENFRANCHISING CRIME; 2
TO PROVIDE THAT SUCH PERSONS SHALL BE ENFRANCHISED AFTER 3
COMPLETING THE TERM OF INCARCERATION AND PAROLE OR UPON THE 4
IMPOSITION OF A PROBATION-ONLY SENTENCE FOR SUCH CRIMES; TO AMEND 5
SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND 6
SECTION 23-15-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE 7
REMOVAL OF A PERSON'S NAME FROM THE STATEWIDE ELECTIONS MANAGEMENT 8
SYSTEM UNLESS THE PERSON IS SERVING A TERM OF INCARCERATION OR 9
PAROLE FOR A DISENFRANCHISING CRIME AT THE TIME OF REMOVAL; TO 10
PROVIDE THAT A COURT'S CERTIFICATION OF A CONVICTION FOR PURPOSES 11
OF REMOVAL FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM MUST 12
INDICATE THE TYPE OF SENTENCE IMPOSED; TO AMEND SECTION 23-15-151, 13
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CIRCUIT CLERK'S 14
ENROLLMENT BOOK LISTING THE NAMES OF PERSONS CONVICTED OF 15
DISENFRANCHISING CRIMES MUST BE UPDATED TO EXCLUDE THE NAMES OF 16
THOSE PERSONS ENFRANCHISED UNDER THIS ACT; TO AMEND SECTIONS 17
23-15-125 AND 23-15-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 18
THE VOTER ROLL AND POLLBOOKS MUST BE UPDATED IN A MANNER 19
CONSISTENT WITH THIS ACT; TO AMEND SECTIONS 23-15-39 AND 23-15-47, 20
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE 21
WILL ADOPT VOTER REGISTRATION APPLICATIONS WHICH STATE THAT A 22
PERSON RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT IS NOT 23
DISQUALIFIED FROM REGISTERING TO VOTE; TO AMEND SECTIONS 24
23-15-213, 23-15-223 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO 25
PROVIDE THAT THE SECRETARY OF STATE WILL DEVELOP AND IMPLEMENT 26
TRAINING FOR ELECTION COMMISSIONERS, REGISTRARS AND POLL MANAGERS 27
WHICH WILL INSTRUCT THEM ON THEIR DUTIES WITH REGARD TO PERSONS 28
RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT; TO AMEND SECTION 29
23-15-165, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY 30
OF STATE WILL UPDATE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM IN 31
A MANNER THAT WILL ALLOW LOCAL ELECTION OFFICIALS TO VERIFY 32
WHETHER A PERSON HAS A DISQUALIFYING CONVICTION; TO BRING FORWARD 33
SECTION 23-15-573, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE 34
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PROCEDURE FOR CASTING AN AFFIDAVIT BALLOT, FOR PURPOSES OF 35
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 36
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 37
SECTION 1. (1) The right of suffrage is hereby fully and 38
completely restored to any person disqualified by reason of 39
conviction for vote fraud or of any crime listed in Section 241, 40
Mississippi Constitution of 1890, as follows: 41
(a) Upon the completion of the term of incarceration 42
imposed by the sentencing court, including any period of time to 43
be served on parole for such crime; or 44
(b) Immediately upon imposition of sentence by the 45
sentencing court if sentenced solely to a term of probation for 46
such crime. 47
(2) Any person enfranchised under subsection (1) of this 48
section shall have the full right of suffrage restored as though 49
an act had been passed by the Legislature in accordance with 50
Section 253, Mississippi Constitution of 1890, restoring the right 51
of suffrage to such person. 52
SECTION 2. Section 23-15-11, Mississippi Code of 1972, is 53
amended as follows: 54
23-15-11. Every inhabitant of this state, except persons 55
adjudicated to be non compos mentis, who is a citizen of the 56
United States of America, eighteen (18) years old and upwards, who 57
has resided in this state for thirty (30) days and for thirty (30) 58
days in the county in which he or she seeks to vote, and for 59
thirty (30) days in the incorporated municipality in which he or 60
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she seeks to vote, and who has been duly registered as an elector 61
under Section 23-15-33, and who * * *, if convicted of vote fraud 62
or of any crime listed in Section 241, Mississippi Constitution of 63
1890, has been restored the right of suffrage as provided in 64
Section 1 of this act, shall be a qualified elector in and for the 65
county, municipality and voting precinct of his or her residence, 66
and shall be entitled to vote at any election upon compliance with 67
Section 23-15-563. If the thirtieth day to register before an 68
election falls on a Sunday or legal holiday, the registration 69
applications submitted on the business day immediately following 70
the Sunday or legal holiday shall be accepted and entered in the 71
Statewide Elections Management System for the purpose of enabling 72
voters to vote in the next election. Any person who will be 73
eighteen (18) years of age or older on or before the date of the 74
general election and who is duly registered to vote not less than 75
thirty (30) days before the primary election associated with the 76
general election, may vote in the primary election even though the 77
person has not reached his or her eighteenth birthday at the time 78
that the person seeks to vote at the primary election. No others 79
than those specified in this section shall be entitled, or shall 80
be allowed, to vote at any election. 81
SECTION 3. Section 23-15-19, Mississippi Code of 1972, is 82
amended as follows: 83
23-15-19. (1) Except as provided in subsection (2) of this 84
section, any person who has been convicted of vote fraud or any 85
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crime listed in Section 241, Mississippi Constitution of 1890, 86
such crimes defined as "disenfranchising," shall not be 87
registered * * *. If registered, the name of the person convicted 88
of a disenfranchising crime shall be removed from the Statewide 89
Elections Management System by the registrar or the election 90
commissioners of the county of his or her residence if at the time 91
of removal, the person is serving a term of incarceration or 92
parole for such crime. Except as provided in subsection (2) of 93
this section, whenever any person shall be convicted in the 94
circuit court of his or her county of a disenfranchising crime, 95
the county registrar shall thereupon remove his or her name from 96
the Statewide Elections Management System * * *. Except as 97
provided in subsection (2) of this section, whenever any person 98
shall be convicted of a disenfranchising crime in any other court 99
of any county, the presiding judge of the court shall, on demand, 100
certify the * * * conviction and sentence imposed in writing to 101
the registrar of the county in which the voter resides, who shall 102
thereupon remove the name of the person from the Statewide 103
Elections Management System and retain the certificate as a record 104
of his or her office. 105
(2) (a) No person shall be denied the right to register to 106
vote based on his or her conviction of a disenfranchising crime: 107
(i) after the completion of the term of incarceration imposed by 108
the court, including any period of time to be served on parole for 109
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such crime; or (ii) after imposition of sentence if sentenced 110
solely to a term of probation for such crime; 111
(b) No person shall have his or her name removed from 112
the Statewide Elections Management System by the registrar or the 113
election commissioners upon or after the person's conviction of a 114
disenfranchising crime if the sentence imposed by the court is 115
solely a term of probation for such crime; and 116
(c) No person shall be required to furnish proof that 117
he or she has been restored the right of suffrage as provided in 118
Section 1 of this act in order to register to vote. 119
SECTION 4. Section 23-15-151, Mississippi Code of 1972, is 120
amended as follows: 121
23-15-151. The circuit clerk of each county is authorized 122
and directed to prepare and keep in his or her office a full and 123
complete list, in alphabetical order, of persons convicted of 124
voter fraud or of any crime listed in Section 241, Mississippi 125
Constitution of 1890, and not restored the right of suffrage as 126
provided in Section 1 of this act. A certified copy of any 127
enrollment by one (1) clerk to another will be sufficient 128
authority for the enrollment of the name, or names, in another 129
county. A list of persons convicted of voter fraud, any crime 130
listed in Section 241, Mississippi Constitution of 1890, or any 131
crime interpreted as disenfranchising in later Attorney General 132
opinions and not restored the right of suffrage as provided in 133
Section 1 of this act, shall also be entered into the Statewide 134
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Elections Management System on a quarterly basis. Except as 135
provided in Section 1 of this act and Section 23-15-19, voters who 136
have been convicted in a Mississippi state court of any 137
disenfranchising crime are not qualified electors as defined by 138
Section 23-15-11 and shall be purged or otherwise removed by the 139
county registrar or county election commissioners from the 140
Statewide Elections Management System. 141
SECTION 5. Section 23-15-125, Mississippi Code of 1972, is 142
amended as follows: 143
23-15-125. The pollbook of each voting precinct shall 144
designate the voting precinct for which it is to be used, and 145
shall be ruled in appropriate columns, with printed or written 146
headings, as follows: date of registration; voter registration 147
number; name of electors; date of birth; and a number of blank 148
columns for the dates of elections. All qualified applicants who 149
register with the registrar shall be entered in the Statewide 150
Elections Management System. Only the names of those qualified 151
applicants who register within thirty (30) days before an election 152
shall appear on the pollbooks of the election; however, if the 153
thirtieth day to register before an election falls on a Sunday or 154
legal holiday, the registration applications submitted on the 155
business day immediately following the legal holiday shall be 156
accepted and entered in the Statewide Elections Management System 157
for the purpose of enabling voters to vote in the next election. 158
When county election commissioners determine that any elector is 159
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disqualified from voting, by reason of death, conviction of a 160
disenfranchising crime if the right of suffrage has not been 161
restored as provided in Section 1 of this act, removal from the 162
jurisdiction, failure to comply with the provisions of Section 163
23-15-152, or other legal cause, that fact shall be noted in the 164
Statewide Elections Management System and the voter's name shall 165
be purged from the Statewide Elections Management System, the 166
state's voter roll and the county's pollbooks. Nothing in this 167
section shall preclude the use of electronic pollbooks. 168
SECTION 6. Section 23-15-153, Mississippi Code of 1972, is 169
amended as follows: 170
23-15-153. (1) At least during the following times, the 171
election commissioners shall meet at the office of the registrar 172
or the office of the election commissioners to carefully revise 173
the county voter roll as electronically maintained by the 174
Statewide Elections Management System and remove from the roll the 175
names of all voters who have requested to be purged from the voter 176
roll, died, received an adjudication of non compos mentis, been 177
convicted of a disenfranchising crime if the right to suffrage has 178
not been restored as provided in Section 1 of this act, failed to 179
comply with the provisions of Section 23-15-152, or otherwise 180
become disqualified as electors for any cause, and shall register 181
the names of all persons who have duly applied to be registered 182
but have been illegally denied registration: 183
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(a) On the Tuesday after the second Monday in January 184
1987 and every following year; 185
(b) On the first Tuesday in the month immediately 186
preceding the first primary election for members of Congress in 187
the years when members of Congress are elected; 188
(c) On the first Monday in the month immediately 189
preceding the first primary election for state, state district 190
legislative, county and county district offices in the years in 191
which those offices are elected; and 192
(d) On the second Monday of September preceding the 193
general election or regular special election day in years in which 194
a general election is not conducted. 195
Except for the names of those voters who are duly qualified 196
to vote in the election, no name shall be permitted to remain in 197
the Statewide Elections Management System; however, no name shall 198
be purged from the Statewide Elections Management System based on 199
a change in the residence of an elector except in accordance with 200
procedures provided for by the National Voter Registration Act of 201
1993 and as provided in Section 23-15-152. Except as otherwise 202
provided by Section 23-15-573, no person shall vote at any 203
election whose name is not in the county voter roll electronically 204
maintained by the Statewide Elections Management System. 205
(2) Except as provided in this section, and subject to the 206
following annual limitations, the election commissioners shall be 207
entitled to receive a per diem in the amount of One Hundred Ten 208
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Dollars ($110.00), to be paid from the county general fund, for 209
every day or period of no less than five (5) hours accumulated 210
over two (2) or more days actually employed in the performance of 211
their duties in the conduct of an election or actually employed in 212
the performance of their duties for the necessary time spent in 213
the revision of the county voter roll as electronically maintained 214
by the Statewide Elections Management System as required in 215
subsection (1) of this section: 216
(a) In counties having less than fifteen thousand 217
(15,000) residents according to the latest federal decennial 218
census, not more than fifty (50) days per year, with no more than 219
fifteen (15) additional days allowed for the conduct of each 220
election in excess of one (1) occurring in any calendar year; 221
(b) In counties having fifteen thousand (15,000) 222
residents according to the latest federal decennial census but 223
less than thirty thousand (30,000) residents according to the 224
latest federal decennial census, not more than seventy-five (75) 225
days per year, with no more than twenty-five (25) additional days 226
allowed for the conduct of each election in excess of one (1) 227
occurring in any calendar year; 228
(c) In counties having thirty thousand (30,000) 229
residents according to the latest federal decennial census but 230
less than seventy thousand (70,000) residents according to the 231
latest federal decennial census, not more than one hundred (100) 232
days per year, with no more than thirty-five (35) additional days 233
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allowed for the conduct of each election in excess of one (l) 234
occurring in any calendar year; 235
(d) In counties having seventy thousand (70,000) 236
residents according to the latest federal decennial census but 237
less than ninety thousand (90,000) residents according to the 238
latest federal decennial census, not more than one hundred 239
twenty-five (125) days per year, with no more than forty-five (45) 240
additional days allowed for the conduct of each election in excess 241
of one (1) occurring in any calendar year; 242
(e) In counties having ninety thousand (90,000) 243
residents according to the latest federal decennial census but 244
less than one hundred seventy thousand (170,000) residents 245
according to the latest federal decennial census, not more than 246
one hundred fifty (150) days per year, with no more than 247
fifty-five (55) additional days allowed for the conduct of each 248
election in excess of one (1) occurring in any calendar year; 249
(f) In counties having one hundred seventy thousand 250
(170,000) residents according to the latest federal decennial 251
census but less than two hundred thousand (200,000) residents 252
according to the latest federal decennial census, not more than 253
one hundred seventy-five (175) days per year, with no more than 254
sixty-five (65) additional days allowed for the conduct of each 255
election in excess of one (1) occurring in any calendar year; 256
(g) In counties having two hundred thousand (200,000) 257
residents according to the latest federal decennial census but 258
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less than two hundred twenty-five thousand (225,000) residents 259
according to the latest federal decennial census, not more than 260
one hundred ninety (190) days per year, with no more than 261
seventy-five (75) additional days allowed for the conduct of each 262
election in excess of one (l) occurring in any calendar year; 263
(h) In counties having two hundred twenty-five thousand 264
(225,000) residents according to the latest federal decennial 265
census but less than two hundred fifty thousand (250,000) 266
residents according to the latest federal decennial census, not 267
more than two hundred fifteen (215) days per year, with no more 268
than eighty-five (85) additional days allowed for the conduct of 269
each election in excess of one (1) occurring in any calendar year; 270
(i) In counties having two hundred fifty thousand 271
(250,000) residents according to the latest federal decennial 272
census but less than two hundred seventy-five thousand (275,000) 273
residents according to the latest federal decennial census, not 274
more than two hundred thirty (230) days per year, with no more 275
than ninety-five (95) additional days allowed for the conduct of 276
each election in excess of one (1) occurring in any calendar year; 277
(j) In counties having two hundred seventy-five 278
thousand (275,000) residents according to the latest federal 279
decennial census or more, not more than two hundred forty (240) 280
days per year, with no more than one hundred five (105) additional 281
days allowed for the conduct of each election in excess of one (l) 282
occurring in any calendar year. 283
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(3) In addition to the number of days authorized in 284
subsection (2) of this section, the board of supervisors of a 285
county may authorize, in its discretion, the election 286
commissioners to receive a per diem in the amount provided for in 287
subsection (2) of this section, to be paid from the county general 288
fund, for every day or period of no less than five (5) hours 289
accumulated over two (2) or more days actually employed in the 290
performance of their duties in the conduct of an election or 291
actually employed in the performance of their duties for the 292
necessary time spent in the revision of the county voter roll as 293
electronically maintained by the Statewide Elections Management 294
System as required in subsection (1) of this section, not to 295
exceed five (5) days. 296
(4) (a) The election commissioners shall be entitled to 297
receive a per diem in the amount of One Hundred Ten Dollars 298
($110.00), to be paid from the county general fund, not to exceed 299
ten (10) days for every day or period of no less than five (5) 300
hours accumulated over two (2) or more days actually employed in 301
the performance of their duties for the necessary time spent in 302
the revision of the county voter roll as electronically maintained 303
by the Statewide Elections Management System before any special 304
election. For purposes of this paragraph, the regular special 305
election day shall not be considered a special election. The 306
annual limitations set forth in subsection (2) of this section 307
shall not apply to this paragraph. 308
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(b) The election commissioners shall be entitled to 309
receive a per diem in the amount of One Hundred Sixty-five Dollars 310
($165.00), to be paid from the county general fund, for the 311
performance of their duties on the day of any primary, runoff, 312
general or special election; however, the board of supervisors 313
may, in its discretion, pay the election commissioners an 314
additional amount not to exceed Thirty-five Dollars ($35.00) per 315
election. The annual limitations set forth in subsection (2) of 316
this section shall apply to this paragraph. 317
(5) The election commissioners shall be entitled to receive 318
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 319
be paid from the county general fund, not to exceed fourteen (14) 320
days for every day or period of no less than five (5) hours 321
accumulated over two (2) or more days actually employed in the 322
performance of their duties for the necessary time spent in the 323
revision of the county voter roll as electronically maintained by 324
the Statewide Elections Management System and in the conduct of a 325
runoff election following either a general or special election. 326
(6) The election commissioners shall be entitled to receive 327
only one (1) per diem payment for those days when the election 328
commissioners discharge more than one (1) duty or responsibility 329
on the same day. 330
(7) The election commissioners shall be entitled to receive 331
a per diem in the amount of One Hundred Ten Dollars ($110.00), to 332
be paid from the county general fund, not to exceed five (5) days 333
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for every day or period of no less than five (5) hours accumulated 334
over two (2) or more days for those days when the election 335
commissioners shall be required to conduct an audit of an election 336
as provided in Section 23-15-615. 337
(8) In preparation for a municipal primary, runoff, general 338
or special election, the county registrar shall generate and 339
distribute the master voter roll and pollbooks from the Statewide 340
Elections Management System for the municipality located within 341
the county. The municipality shall pay the county registrar for 342
the actual cost of preparing and printing the municipal master 343
voter roll pollbooks. A municipality may secure "read only" 344
access to the Statewide Elections Management System and print its 345
own pollbooks using this information. 346
(9) County election commissioners who perform the duties of 347
an executive committee with regard to the conduct of a primary 348
election under a written agreement authorized by law to be entered 349
into with an executive committee shall receive per diem as 350
provided for in subsection (2) of this section. The days that 351
county election commissioners are employed in the conduct of a 352
primary election shall be treated the same as days county election 353
commissioners are employed in the conduct of other elections. 354
(10) In addition to any per diem authorized by this section, 355
any election commissioner shall be entitled to the mileage 356
reimbursement rate allowable to federal employees for the use of a 357
privately owned vehicle while on official travel on election day. 358
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(11) Every election commissioner shall sign personally a 359
certification setting forth the number of hours actually worked in 360
the performance of the commissioner's official duties and for 361
which the commissioner seeks compensation. The certification must 362
be on a form as prescribed in this subsection. The commissioner's 363
signature is, as a matter of law, made under the commissioner's 364
oath of office and under penalties of perjury. 365
The certification form shall be as follows: 366
COUNTY ELECTION COMMISSIONER 367
PER DIEM CLAIM FORM 368
NAME: ____________________________ COUNTY: _______________ 369
ADDRESS: _________________________ DISTRICT: _____________ 370
CITY: ______________ ZIP: ________ 371
PURPOSE APPLICABLE ACTUAL PER DIEM 372
DATE BEGINNING ENDING OF MS CODE HOURS DAYS 373
WORKED TIME TIME WORK SECTION WORKED EARNED 374
________________________________________________________________ 375
________________________________________________________________ 376
________________________________________________________________ 377
TOTAL NUMBER OF PER DIEM DAYS EARNED 378
EXCLUDING ELECTION DAYS ________ 379
PER DIEM RATE PER DAY EARNED X $110.00 380
TOTAL NUMBER PER DIEM DAYS EARNED 381
FOR ELECTION DAYS ________ 382
PER DIEM RATE PER DAY EARNED X $165.00 383
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BOARD OF SUPERVISORS ELECTION DAY 384
DISCRETIONARY ADDITION(S) 385
TO PER DIEM RATE PER DAY EARNED X $35.00 386
TOTAL AMOUNT OF PER DIEM CLAIMED $_______ 387
I understand that I am signing this document under my oath as 388
an election commissioner and under penalties of perjury. 389
I understand that I am requesting payment from taxpayer funds 390
and that I have an obligation to be specific and truthful as to 391
the amount of hours worked and the compensation I am requesting. 392
Signed this the _____ day of ______________, ____. 393
________________________ 394
Commissioner's Signature 395
When properly completed and signed, the certification must be 396
filed with the clerk of the county board of supervisors before any 397
payment may be made. The certification will be a public record 398
available for inspection and reproduction immediately upon the 399
oral or written request of any person. 400
Any person may contest the accuracy of the certification in 401
any respect by notifying the chair of the commission, any member 402
of the board of supervisors or the clerk of the board of 403
supervisors of the contest at any time before or after payment is 404
made. If the contest is made before payment is made, no payment 405
shall be made as to the contested certificate until the contest is 406
finally disposed of. The person filing the contest shall be 407
entitled to a full hearing, and the clerk of the board of 408
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supervisors shall issue subpoenas upon request of the contestor 409
compelling the attendance of witnesses and production of documents 410
and things. The contestor shall have the right to appeal de novo 411
to the circuit court of the involved county, which appeal must be 412
perfected within thirty (30) days from a final decision of the 413
commission, the clerk of the board of supervisors or the board of 414
supervisors, as the case may be. 415
Any contestor who successfully contests any certification 416
will be awarded all expenses incident to his or her contest, 417
together with reasonable attorney's fees, which will be awarded 418
upon petition to the chancery court of the involved county upon 419
final disposition of the contest before the election commission, 420
board of supervisors, clerk of the board of supervisors, or, in 421
case of an appeal, final disposition by the court. The 422
commissioner against whom the contest is decided shall be liable 423
for the payment of the expenses and attorney's fees, and the 424
county shall be jointly and severally liable for same. 425
(12) Any election commissioner who has not received a 426
certificate issued by the Secretary of State pursuant to Section 427
23-15-211 indicating that the election commissioner has received 428
the required elections seminar instruction and that the election 429
commissioner is fully qualified to conduct an election, shall not 430
receive any compensation authorized by this section or Section 431
23-15-239. 432
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SECTION 7. Section 23-15-39, Mississippi Code of 1972, is 433
amended as follows: 434
23-15-39. (1) Applications for registration as electors of 435
this state, which are sworn to and subscribed before the registrar 436
or deputy registrar authorized by law and which are not made by 437
mail, shall be made upon a form established by rule duly adopted 438
by the Secretary of State. The application shall state that a 439
person who has been restored the right of suffrage as provided in 440
Section 1 of this act is not disqualified to register to vote 441
pursuant to Section 23-15-11. 442
(2) The boards of supervisors shall make proper allowances 443
for office supplies reasonably necessitated by the registration of 444
county electors. 445
(3) If the applicant indicates on the application that he or 446
she resides within the city limits of a city or town in the county 447
of registration, the county registrar shall process the 448
application for registration or changes to the registration as 449
provided by law. 450
(4) If the applicant indicates on the application that he or 451
she has previously registered to vote in another county of this 452
state or another state, notice to the voter's previous county of 453
registration in this state shall be provided by the Statewide 454
Elections Management System. If the voter's previous place of 455
registration was in another state, notice shall be provided to the 456
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voter's previous state of residence if the Statewide Elections 457
Management System has that capability. 458
(5) The county registrar shall provide to the person making 459
the application a copy of the application upon which has been 460
written the county voting precinct and municipal voting precinct, 461
if any, in which the person shall vote. Upon entry of the voter 462
registration information into the Statewide Elections Management 463
System, the system shall assign a voter registration number to the 464
person, and the county registrar shall mail the applicant a voter 465
registration card to the mailing address provided on the 466
application. 467
(6) Any person desiring an application for registration may 468
secure an application from the registrar of the county of which he 469
or she is a resident and may take the application with him or her 470
and secure assistance in completing the application from any 471
person of the applicant's choice. It shall be the duty of all 472
registrars to furnish applications for registration to all persons 473
requesting them, and it shall likewise be the registrar's duty to 474
furnish aid and assistance in the completing of the application 475
when requested by an applicant. The application for registration 476
shall be sworn to and subscribed before the registrar or deputy 477
registrar at the municipal clerk's office, the county registrar's 478
office or any other location where the applicant is allowed to 479
register to vote. The registrar shall not charge a fee or cost to 480
the applicant for accepting the application or administering the 481
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oath or for any other duty imposed by law regarding the 482
registration of electors. 483
(7) If the person making the application is unable to read 484
or write, for reason of disability or otherwise, he or she shall 485
not be required to personally complete the application in writing 486
and execute the oath. In such cases, the registrar or deputy 487
registrar shall read the application and oath to the person and 488
the person's answers thereto shall be recorded by the registrar or 489
the registrar's deputy. The person shall be registered as an 490
elector if he or she otherwise meets the requirements to be 491
registered as an elector. The registrar shall record the 492
responses of the person and the recorded responses shall be 493
retained permanently by the registrar. The county registrar shall 494
enter the voter registration information into the Statewide 495
Elections Management System and designate the entry as an assisted 496
filing. 497
(8) The receipt of a copy of the application for 498
registration sent pursuant to Section 23-15-35(2) shall be 499
sufficient to allow the applicant to be registered as an elector 500
of this state, if the application is not challenged. 501
(9) In any case in which the corporate boundaries of a 502
municipality change, whether by annexation or redistricting, the 503
municipal clerk shall, within ten (10) days after approval of the 504
change in corporate boundaries, provide to the county registrar 505
conforming geographic data that is compatible with the Statewide 506
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Elections Management System. The data shall be developed by the 507
municipality's use of a standardized format specified by the 508
Statewide Elections Management System. The county registrar, 509
county election commissioner or other county official, who has 510
completed an annual training seminar sponsored by the Secretary of 511
State pertaining to the implementation of new boundary lines in 512
the Statewide Elections Management System and received 513
certification for that training, shall update the municipal 514
boundary information into the Statewide Elections Management 515
System. The Statewide Elections Management System updates the 516
municipal voter registration records and assigns electors to their 517
municipal voting precincts. The county registrar shall forward to 518
the municipal clerk written notification of the additions and 519
changes, and the municipal clerk shall forward to the affected 520
municipal electors written notification of the additions and 521
changes. 522
SECTION 8. Section 23-15-47, Mississippi Code of 1972, is 523
amended as follows: 524
23-15-47. (1) Any person who is qualified to register to 525
vote in the State of Mississippi may register to vote by mail-in 526
application in the manner prescribed in this section. 527
(2) The following procedure shall be used in the 528
registration of electors by mail: 529
(a) Any qualified elector may register to vote by 530
mailing or delivering a completed mail-in application to his or 531
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her county registrar at least thirty (30) days before any 532
election; however, if the thirtieth day to register before an 533
election falls on a Sunday or legal holiday, the registration 534
applications submitted on the business day immediately following 535
the Sunday or legal holiday shall be accepted and entered into the 536
Statewide Elections Management System for the purpose of enabling 537
voters to vote in the next election. The postmark date of a 538
mailed application shall be the applicant's date of registration. 539
(b) Upon receipt of a mail-in application, the county 540
registrar shall stamp the application with the date of receipt, 541
and shall verify the application either by matching the 542
applicant's Mississippi driver's license number through the 543
Mississippi Department of Public Safety or by matching the 544
applicant's social security number through the American 545
Association of Motor Vehicle Administrators. Within fourteen (14) 546
days of receipt of a mail-in registration application, the county 547
registrar shall complete action on the application, including any 548
attempts to notify the applicant of the status of his or her 549
application. 550
(c) If the county registrar determines that the 551
applicant is qualified and his or her application is legible and 552
complete, the county registrar shall mail the applicant written 553
notification that the application has been approved, specifying 554
the county voting precinct, municipal voting precinct, if any, 555
polling place and supervisor district in which the person shall 556
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vote. This written notification of approval containing the 557
specified information shall be the voter's registration card. The 558
registration card shall be provided by the county registrar to the 559
applicant in accordance with Section 23-15-39. Upon entry of the 560
voter registration information into the Statewide Elections 561
Management System, the system shall assign a voter registration 562
number to the applicant. The assigned voter registration number 563
shall be clearly shown on the written notification of approval. 564
In mailing the written notification, the county registrar shall 565
note the following on the envelope: "DO NOT FORWARD". If any 566
registration notification form is returned as undeliverable, the 567
voter's registration shall be void. 568
(d) A mail-in application shall be rejected for any of 569
the following reasons: 570
(i) An incomplete portion of the application makes 571
it impossible for the registrar to determine the eligibility of 572
the applicant to register; 573
(ii) A portion of the application is illegible in 574
the opinion of the county registrar and makes it impossible to 575
determine the eligibility of the applicant to register; 576
(iii) The county registrar is unable to determine, 577
from the address and information stated on the application, the 578
precinct in which the voter should be assigned or the supervisor 579
district in which he or she is entitled to vote; 580
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(iv) The applicant is not qualified to register to 581
vote pursuant to Section 23-15-11; 582
(v) The county registrar determines that the 583
applicant is already registered as a qualified elector of the 584
county; 585
(vi) The county registrar is unable to verify the 586
application pursuant to subsection (2)(b) of this section. 587
(e) If the mail-in application of a person is subject 588
to rejection for any of the reasons set forth in paragraph (d)(i) 589
through (iii) of this subsection, and it appears to the county 590
registrar that the defect or omission is of such a minor nature 591
and that any necessary additional information may be supplied by 592
the applicant over the telephone or by further correspondence, the 593
county registrar may write or call the applicant at the telephone 594
number or address, or both, provided on the application. If the 595
county registrar is able to contact the applicant by mail or 596
telephone, the county registrar shall attempt to ascertain the 597
necessary information, and if this information is sufficient for 598
the registrar to complete the application, the applicant shall be 599
registered. If the necessary information cannot be obtained by 600
mail or telephone, or is not sufficient to complete the 601
application within fourteen (14) days of receipt, the county 602
registrar shall give the applicant written notice of the rejection 603
and provide the reason for the rejection. The county registrar 604
shall further inform the applicant that he or she has a right to 605
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attempt to register by appearing in person or by filing another 606
mail-in application. 607
(f) If a mail-in application is subject to rejection 608
for the reason stated in paragraph (d)(v) of this subsection and 609
the "present home address" portion of the application is different 610
from the residence address for the applicant found in the 611
Statewide Elections Management System, the mail-in application 612
shall be deemed a written request to update the voter's 613
registration pursuant to Section 23-15-13. The county registrar 614
or the election commissioners shall update the voter's residence 615
address in the Statewide Elections Management System and, if 616
necessary, advise the voter of a change in the location of his or 617
her county or municipal polling place by mailing the voter a new 618
voter registration card. 619
(3) The instructions and the application form for voter 620
registration by mail shall be in a form established by rule duly 621
adopted by the Secretary of State. The instructions and the 622
application shall state that a person who has been restored the 623
right of suffrage as provided in Section 1 of this act is not 624
disqualified to register to vote pursuant to Section 23-15-11. 625
(4) (a) The Secretary of State shall prepare and furnish 626
without charge the necessary forms for application for voter 627
registration by mail to each county registrar, municipal clerk, 628
all public schools, each private school that requests such 629
applications, and all public libraries. 630
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(b) The Secretary of State shall distribute without 631
charge sufficient forms for application for voter registration by 632
mail to the Commissioner of Public Safety, who shall distribute 633
the forms to each driver's license examining and renewal station 634
in the state, and shall ensure that the forms are regularly 635
available to the public at such stations. 636
(c) Bulk quantities of forms for application for voter 637
registration by mail shall be furnished by the Secretary of State 638
to any person or organization. The Secretary of State shall 639
charge a person or organization the actual cost he or she incurs 640
in providing bulk quantities of forms for application for voter 641
registration to such person or organization. 642
(5) The originals of completed mail-in applications shall 643
remain on file in the office of the county registrar with copies 644
retained in the Statewide Elections Management System. 645
(6) If the applicant indicates on the application that he or 646
she resides within the city limits of a city or town in the county 647
of registration, the county registrar shall enter the information 648
into the Statewide Elections Management System. 649
(7) If the applicant indicates on the application that he or 650
she has previously registered to vote in another county of this 651
state or another state, notice to the voter's previous county of 652
registration in this state shall be provided through the Statewide 653
Elections Management System. If the voter's previous place of 654
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registration was in another state, notice shall be provided to the 655
voter's previous state of residence. 656
(8) Any person who attempts to register to vote by mail 657
shall be subject to the penalties for false registration provided 658
for in Section 23-15-17. 659
SECTION 9. Section 23-15-213, Mississippi Code of 1972, is 660
amended as follows: 661
[Until December 31, 2027, this section shall read as 662
follows:] 663
23-15-213. (1) Except as provided in subsection (2) of this 664
section, there shall be elected five (5) election commissioners 665
for each county whose terms of office shall commence on the first 666
Monday of January following their election and who shall serve for 667
a term of four (4) years. Each of the commissioners shall be 668
required to attend a training seminar provided by the Secretary of 669
State and satisfactorily complete a skills assessment * * *. The 670
Secretary of State shall ensure that the training seminar includes 671
instructions to commissioners on the proper performance of their 672
duties with regard to persons who are restored the right to 673
suffrage as provided in Section 1 of this act. Before acting, 674
each of the commissioners shall take and subscribe the oath of 675
office prescribed by the Constitution. The oath shall be filed in 676
the office of the clerk of the chancery court. Upon filing the 677
oath of office, the election commissioner may be provided access 678
to the Statewide Elections Management System for the purpose of 679
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performing his or her duties. Such skills assessment shall only 680
be required once every four (4) years. While engaged in their 681
duties, the commissioners shall be conservators of the peace in 682
the county, with all the duties and powers of such. 683
(2) (a) At the general election in 2024 and every four (4) 684
years thereafter, the qualified electors of the board of 685
supervisors' Districts One, Three and Five shall elect in their 686
district one (1) election commissioner. 687
(b) At the general election in 2027, the qualified 688
electors of the board of supervisors' Districts Two and Four shall 689
elect in their district one (1) election commissioner, who shall 690
serve for a term of three (3) years. 691
(c) No more than one (1) commissioner shall be a 692
resident of and reside in each supervisor's district of the 693
county; it being the purpose of this section that the county board 694
of election commissioners shall consist of one (1) person from 695
each supervisor's district of the county and that each 696
commissioner be elected from the supervisor's district in which he 697
or she resides. 698
(3) Candidates for county election commissioner shall 699
qualify by filing with the clerk of the board of supervisors of 700
their respective counties a petition personally signed by not less 701
than fifty (50) qualified electors of the supervisor's district in 702
which they reside, requesting that they be a candidate, by 5:00 703
p.m. not later than February 1 of the year in which the election 704
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occurs and unless the petition is filed within the required time, 705
their names shall not be placed upon the ballot. All candidates 706
shall declare in writing their party affiliation, if any, to the 707
board of supervisors, and such party affiliation shall be shown on 708
the official ballot. 709
(4) The petition shall have attached thereto a certificate 710
of the county registrar showing the number of qualified electors 711
on each petition, which shall be furnished by the registrar on 712
request. The board shall determine the sufficiency of the 713
petition, and if the petition contains the required number of 714
signatures and is filed within the time required, the president of 715
the board shall verify that the candidate is a resident of the 716
supervisor's district in which he or she seeks election and that 717
the candidate is otherwise qualified as provided by law, and shall 718
certify that the candidate is qualified to the chair or secretary 719
of the county election commission and the names of the candidates 720
shall be placed upon the ballot for the ensuing election. No 721
county election commissioner shall serve or be considered as 722
elected until he or she has received a majority of the votes cast 723
for the position or post for which he or she is a candidate. If a 724
majority vote is not received in the first election, then the two 725
(2) candidates receiving the most votes for each position or post 726
shall be placed upon the ballot for a second election to be held 727
four (4) weeks later in accordance with appropriate procedures 728
followed in other elections involving runoff candidates. 729
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(5) In the first meeting in January of each year, the county 730
election commissioners shall organize by electing a chair and a 731
secretary, who shall serve a one-year term. The county election 732
commissioners shall provide the names of the chair and secretary 733
to the Secretary of State and provide notice of any change in 734
officers which may occur during the year. 735
(6) It shall be the duty of the chair to have the official 736
ballot printed and distributed at each general or special 737
election. 738
[From and after January 1, 2028, this section shall read as 739
follows:] 740
23-15-213. (1) There shall be elected five (5) election 741
commissioners for each county whose terms of office shall commence 742
on the first Monday of January following their election and who 743
shall serve for a term of four (4) years. Each of the 744
commissioners shall be required to attend a training seminar 745
provided by the Secretary of State and satisfactorily complete a 746
skills assessment * * *. The Secretary of State shall ensure that 747
the training seminar includes instructions to commissioners on the 748
proper performance of their duties with regard to persons who are 749
restored the right to suffrage as provided in Section 1 of this 750
act. Before acting, each of the commissioners shall take and 751
subscribe the oath of office prescribed by the Constitution. The 752
oath shall be filed in the office of the clerk of the chancery 753
court. Upon filing the oath of office, the election commissioner 754
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may be provided access to the Statewide Elections Management 755
System for the purpose of performing his or her duties. Such 756
skills assessment shall only be required once every four (4) 757
years. While engaged in their duties, the commissioners shall be 758
conservators of the peace in the county, with all the duties and 759
powers of such. 760
(2) (a) At the general election in 2028 and every four (4) 761
years thereafter, the qualified electors of the board of 762
supervisors' Districts One, Three and Five shall elect in their 763
district one (1) election commissioner. 764
(b) At the general election in 2030 and every four (4) 765
years thereafter, the qualified electors of the board of 766
supervisors' Districts Two and Four shall elect in their district 767
one (1) election commissioner. 768
(c) No more than one (1) commissioner shall be a 769
resident of and reside in each supervisor's district of the 770
county; it being the purpose of this section that the county board 771
of election commissioners shall consist of one (1) person from 772
each supervisor's district of the county and that each 773
commissioner be elected from the supervisor's district in which he 774
or she resides. 775
(3) Candidates for county election commissioner shall 776
qualify by filing with the clerk of the board of supervisors of 777
their respective counties a petition personally signed by not less 778
than fifty (50) qualified electors of the supervisor's district in 779
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which they reside, requesting that they be a candidate, by 5:00 780
p.m. not later than February 1 of the year in which the election 781
occurs and unless the petition is filed within the required time, 782
their names shall not be placed upon the ballot. All candidates 783
shall declare in writing their party affiliation, if any, to the 784
board of supervisors, and such party affiliation shall be shown on 785
the official ballot. 786
(4) The petition shall have attached thereto a certificate 787
of the county registrar showing the number of qualified electors 788
on each petition, which shall be furnished by the registrar on 789
request. The board shall determine the sufficiency of the 790
petition, and if the petition contains the required number of 791
signatures and is filed within the time required, the president of 792
the board shall verify that the candidate is a resident of the 793
supervisor's district in which he or she seeks election and that 794
the candidate is otherwise qualified as provided by law, and shall 795
certify that the candidate is qualified to the chair or secretary 796
of the county election commission and the names of the candidates 797
shall be placed upon the ballot for the ensuing election. No 798
county election commissioner shall serve or be considered as 799
elected until he or she has received a majority of the votes cast 800
for the position or post for which he or she is a candidate. If a 801
majority vote is not received in the first election, then the two 802
(2) candidates receiving the most votes for each position or post 803
shall be placed upon the ballot for a second election to be held 804
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four (4) weeks later in accordance with appropriate procedures 805
followed in other elections involving runoff candidates. 806
(5) In the first meeting in January of each year, the county 807
election commissioners shall organize by electing a chair and a 808
secretary, who shall serve a one-year term. The county election 809
commissioners shall provide the names of the chair and secretary 810
to the Secretary of State and provide notice of any change in 811
officers which may occur during the year. 812
(6) It shall be the duty of the chair to have the official 813
ballot printed and distributed at each general or special 814
election. 815
SECTION 10. Section 23-15-223, Mississippi Code of 1972, is 816
amended as follows: 817
23-15-223. (1) The State Board of Election Commissioners, 818
on or before the fifteenth day of February succeeding each general 819
election, shall appoint in the several counties registrars of 820
elections, who shall hold office for four (4) years and until 821
their successors shall be duly qualified. The county registrar 822
shall be the clerk of the circuit court, unless the State Board of 823
Election Commissioners finds the circuit clerk to be an improper 824
person to register the names of the electors in the county. The 825
State Board of Election Commissioners shall draft rules and 826
regulations to provide for notice and hearing before removal of 827
the circuit clerk, if notice and a hearing is practicable under 828
the circumstances. 829
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(2) The county registrar is empowered to appoint deputy 830
registrars, with the consent of the board of election 831
commissioners, who may discharge the duties of the registrar. 832
The clerk of every municipality shall be appointed as such a 833
deputy registrar, as contemplated by the National Voter 834
Registration Act (NVRA). 835
(3) The county registrar shall not be held liable for any 836
malfeasance or nonfeasance in office by any deputy registrar who 837
is a deputy registrar by virtue of his or her office. 838
(4) The Secretary of State, in conjunction with the State 839
Board of Community and Junior Colleges, * * * shall develop and 840
make available online a computer skills training course for all 841
newly appointed registrars that shall be completed within one 842
hundred eighty (180) days of the commencement of their term of 843
office. On or before August 1, 2026, the Secretary of State shall 844
develop and make available online a training course for all 845
registrars that shall be completed by them on an annual basis. 846
The training seminar shall include instructions to registrars on 847
the proper performance of their duties with regard to persons who 848
are restored the right of suffrage as provided in Section 1 of 849
this act. 850
SECTION 11. Section 23-15-239, Mississippi Code of 1972, is 851
amended as follows: 852
23-15-239. (1) The executive committee of each county, in 853
the case of a primary election, or the election commissioners of 854
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each county, in the case of all other elections, in conjunction 855
with the circuit clerk, shall, in the years in which counties 856
conduct an election, sponsor and conduct, not less than five (5) 857
days before each election, not less than four (4) hours and not 858
more than eight (8) hours of poll manager training to instruct 859
poll managers as to their duties in the proper administration of 860
the election * * *, the operation of the polling place, and the 861
poll managers' duties with regard to persons who have been 862
restored the right of suffrage as provided in Section 1 of this 863
act. Any poll manager who completes the online training course 864
provided by the Secretary of State shall only be required to 865
complete two (2) hours of in-person poll manager training. No 866
poll manager shall serve in any election unless he or she has 867
received these instructions once during the twelve (12) months 868
immediately preceding the date upon which the election is held; 869
however, nothing in this section shall prevent the appointment of 870
an alternate poll manager to fill a vacancy in case of an 871
emergency. The county executive committee or the election 872
commissioners, as appropriate, shall train a sufficient number of 873
alternates to serve in the event a poll manager is unable to serve 874
for any reason. 875
(2) (a) If it is eligible under Section 23-15-266, the 876
county executive committee may enter into a written agreement with 877
the circuit clerk or the county election commission authorizing 878
the circuit clerk or the county election commission to perform any 879
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of the duties required of the county executive committee pursuant 880
to this section. Any agreement entered into pursuant to this 881
subsection shall be signed by the chair of the county executive 882
committee and the circuit clerk or the chair of the county 883
election commission, as appropriate. The county executive 884
committee shall notify the state executive committee and the 885
Secretary of State of the existence of the agreement. 886
(b) If it is eligible under Section 23-15-266, the 887
municipal executive committee may enter into a written agreement 888
with the municipal clerk or the municipal election commission 889
authorizing the municipal clerk or the municipal election 890
commission to perform any of the duties required of the municipal 891
executive committee pursuant to this section. Any agreement 892
entered into pursuant to this subsection shall be signed by the 893
chair of the municipal executive committee and the municipal clerk 894
or the chair of the municipal election commission, as appropriate. 895
The municipal executive committee shall notify the state executive 896
committee and the Secretary of State of the existence of the 897
agreement. 898
(3) The board of supervisors and the municipal governing 899
authority, in their discretion, may compensate poll managers who 900
attend these training sessions. The compensation shall be at a 901
rate of not less than the federal hourly minimum wage and not more 902
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 903
compensated for more than sixteen (16) hours of attendance at the 904
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training sessions regardless of the actual amount of time that 905
they attended the training sessions. 906
(4) The time and location of the training sessions required 907
pursuant to this section shall be announced to the general public 908
by posting a notice thereof at the courthouse and by delivering a 909
copy of the notice to the office of a newspaper having general 910
circulation in the county five (5) days before the date upon which 911
the training session is to be conducted. Persons who will serve 912
as poll watchers for candidates and political parties, as well as 913
members of the general public, shall be allowed to attend the 914
sessions. 915
(5) Subject to the following annual limitations, the 916
election commissioners shall be entitled to receive a per diem in 917
the amount of One Hundred Ten Dollars ($110.00), to be paid from 918
the county general fund, for every day or period of no less than 919
five (5) hours accumulated over two (2) or more days actually 920
employed in the performance of their duties for the necessary time 921
spent in conducting training sessions as required by this section: 922
(a) In counties having less than fifteen thousand 923
(15,000) residents according to the latest federal decennial 924
census, not more than five (5) days per year; 925
(b) In counties having fifteen thousand (15,000) 926
residents according to the latest federal decennial census but 927
less than thirty thousand (30,000) residents according to the 928
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latest federal decennial census, not more than eight (8) days per 929
year; 930
(c) In counties having thirty thousand (30,000) 931
residents according to the latest federal decennial census but 932
less than seventy thousand (70,000) residents according to the 933
latest federal decennial census, not more than ten (10) days per 934
year; 935
(d) In counties having seventy thousand (70,000) 936
residents according to the latest federal decennial census but 937
less than ninety thousand (90,000) residents according to the 938
latest federal decennial census, not more than twelve (12) days 939
per year; 940
(e) In counties having ninety thousand (90,000) 941
residents according to the latest federal decennial census but 942
less than one hundred seventy thousand (170,000) residents 943
according to the latest federal decennial census, not more than 944
fifteen (15) days per year; 945
(f) In counties having one hundred seventy thousand 946
(170,000) residents according to the latest federal decennial 947
census but less than two hundred thousand (200,000) residents 948
according to the latest federal decennial census, not more than 949
eighteen (18) days per year; 950
(g) In counties having two hundred thousand (200,000) 951
residents according to the latest federal decennial census but 952
less than two hundred twenty-five thousand (225,000) residents 953
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according to the latest federal decennial census, not more than 954
nineteen (19) days per year; 955
(h) In counties having two hundred twenty-five thousand 956
(225,000) residents or more according to the latest federal 957
decennial census, not more than twenty-two (22) days per year. 958
(6) Election commissioners shall claim the per diem 959
authorized in subsection (5) of this section in the manner 960
provided for in Section 23-15-153(6). 961
(7) (a) To provide poll manager training, the Secretary of 962
State * * * shall develop a single, comprehensive poll manager 963
training program to ensure uniform, secure elections throughout 964
the state. The program * * * shall include online training on all 965
state and federal election laws and procedures, and the poll 966
managers' duties with regard to persons who have been resorted the 967
right to suffrage as provided in Section 1 of this act and voting 968
machine opening and closing procedures. 969
(b) County poll managers who individually access and 970
complete the online training program, including all skills 971
assessments, at least five (5) days before an election shall be 972
defined as "certified poll managers," and entitled to a 973
"Certificate of Completion." 974
(c) At least one (1) certified poll manager shall be 975
appointed by the county election officials to work in each polling 976
place in the county during each general election. 977
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SECTION 12. Section 23-15-165, Mississippi Code of 1972, is 978
amended as follows: 979
23-15-165. (1) The Office of the Secretary of State, in 980
cooperation with the county registrars and election commissioners, 981
shall procure, implement and maintain an electronic information 982
processing system and programs capable of maintaining a 983
centralized database of all registered voters in the state. The 984
system shall encompass software and hardware, at both the state 985
and county level, software development training, conversion and 986
support and maintenance for the system. The Secretary of State 987
shall equip the Statewide Elections Management System with 988
appropriate security measures to protect private information of 989
the registered voter and the integrity of Mississippi elections. 990
This system shall be known as the "Statewide Elections Management 991
System" and shall constitute the official record of registered 992
voters in every county of the state. 993
(2) The Office of the Secretary of State shall develop and 994
implement the Statewide Elections Management System so that the 995
registrar and election commissioners of each county shall: 996
(a) Verify that an applicant that is registering to 997
vote in that county is not registered to vote in another county; 998
(b) Be notified automatically that a registered voter 999
in its county has registered to vote in another county; 1000
(c) Receive regular reports of death * * * and changes 1001
of address * * * that apply to voters registered in the county; 1002
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(d) Receive regular reports on the names of persons 1003
convicted of disenfranchising crimes in the county. The reports 1004
shall: 1005
(i) Be derived from accurate and updated sources, 1006
including, but not limited to, the online databases maintained by 1007
the Mississippi Department of Corrections and the Mississippi 1008
Parole Board; and 1009
(ii) Indicate whether the sentencing court imposed 1010
a term of incarceration or probation upon conviction of such 1011
crime; 1012
( * * *e) Retain all present functionality related to, 1013
but not limited to, the use of voter roll data and to implement 1014
such other functionality as the law requires to enhance the 1015
maintenance of accurate county voter records and related jury 1016
selection and redistricting programs; and 1017
( * * *f) When evidence exists that a registered voter 1018
may not be a citizen of the United States as provided in Section 1019
23-15-15, send notification to the registrar of the location where 1020
the person is registered to vote. 1021
(3) As a part of the procurement and implementation of the 1022
system, the Office of the Secretary of State shall, with the 1023
assistance of the advisory committee, procure services necessary 1024
to convert current voter registration records in the counties into 1025
a standard, industry accepted file format that can be used on the 1026
Statewide Elections Management System. Thereafter, all official 1027
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voter information shall be maintained on the Statewide Elections 1028
Management System. The standard industry accepted format of data 1029
was reviewed and approved by a majority of the advisory committee 1030
created in subsection (5) of this section after consultation with 1031
the Circuit Clerks Association and the format may not be changed 1032
without consulting the Circuit Clerks Association. 1033
(4) The Secretary of State may, with the assistance of the 1034
advisory committee, adopt rules and regulations necessary to 1035
administer the Statewide Elections Management System. The rules 1036
and regulations shall at least: 1037
(a) Provide for the establishment and maintenance of a 1038
centralized database for all voter registration information in the 1039
state; 1040
(b) Provide procedures for integrating data into the 1041
centralized database; 1042
(c) Provide security to ensure that only the registrar, 1043
or his or her designee or other appropriate official, as the law 1044
may require, can add information to, delete information from and 1045
modify information in the system; 1046
(d) Provide the registrar or his or her designee or 1047
other appropriate official, as the law may require, access to the 1048
system at all times, including the ability to download copies of 1049
the industry standard file, for all purposes related to their 1050
official duties, including, but not limited to, exclusive access 1051
for the purpose of printing all local pollbooks; 1052
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(e) Provide security and protection of all information 1053
in the system and monitor the system to ensure that unauthorized 1054
access is not allowed; 1055
(f) Provide a procedure that will allow the registrar, 1056
or his or her designee or other appropriate official, as the law 1057
may require, to identify the precinct to which a voter should be 1058
assigned; and 1059
(g) Provide a procedure for phasing in or converting 1060
existing manual and computerized voter registration systems in 1061
counties to the Statewide Elections Management System. 1062
(5) The Secretary of State established an advisory committee 1063
to assist in developing system specifications, procurement, 1064
implementation and maintenance of the Statewide Elections 1065
Management System. The committee included two (2) representatives 1066
from the Circuit Clerks Association, appointed by the association; 1067
two (2) representatives from the Election Commissioners 1068
Association of Mississippi, appointed by the association; one (1) 1069
member of the Mississippi Association of Supervisors, or its 1070
staff, appointed by the association; the Director of the Stennis 1071
Institute of Government at Mississippi State University, or his or 1072
her designee; the Executive Director of the Department of 1073
Information Technology Services, or his or her designee; two (2) 1074
persons knowledgeable about elections and information technology 1075
appointed by the Secretary of State; and the Secretary of State, 1076
who shall serve as the chair of the advisory committee. 1077
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(6) (a) Social security numbers, telephone numbers, email 1078
addresses, and date of birth and age information in statewide, 1079
district, county and municipal voter registration files shall be 1080
exempt from and shall not be subject to inspection, examination, 1081
copying or reproduction under the Mississippi Public Records Act 1082
of 1983. 1083
(b) Copies of statewide, district, county or municipal 1084
voter registration files, excluding social security numbers, 1085
telephone numbers, email addresses, and date of birth and age 1086
information, shall be provided to any person in accordance with 1087
the Mississippi Public Records Act of 1983 at a cost not to exceed 1088
the actual cost of production. 1089
SECTION 13. Section 23-15-573, Mississippi Code of 1972, is 1090
brought forward as follows: 1091
23-15-573. (1) If any person declares that he or she is a 1092
registered voter in the jurisdiction in which he or she offers to 1093
vote and that he or she is eligible to vote in the election, but 1094
his or her name does not appear upon the pollbooks, or that he or 1095
she is not able to cast a regular election day ballot under a 1096
provision of state or federal law but is otherwise qualified to 1097
vote, or that he or she has been illegally denied registration, or 1098
that he or she is unable to present an acceptable form of photo 1099
identification: 1100
(a) A poll manager shall notify the person that he or 1101
she may cast an affidavit ballot at the election. 1102
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(b) The person shall be permitted to cast an affidavit 1103
ballot at the polling place upon execution of a written affidavit 1104
before one (1) of the poll managers stating that the individual: 1105
(i) Believes he or she is a registered voter in 1106
the jurisdiction in which he or she desires to vote and is 1107
eligible to vote in the election; or 1108
(ii) Is not able to cast a regular election day 1109
ballot under a provision of state or federal law but is otherwise 1110
qualified to vote; or 1111
(iii) Believes that he or she has been illegally 1112
denied registration; or 1113
(iv) Is unable to present an acceptable form of 1114
photo identification. 1115
(c) The poll manager shall allow the individual to mark 1116
a paper ballot properly endorsed by the initialing poll manager or 1117
alternate initialing poll manager in accordance with Section 1118
23-15-541, which shall be delivered by him or her to the proper 1119
election official who shall enclose it in an affidavit ballot 1120
envelope, with the written and signed affidavit of the voter 1121
affixed to the envelope, seal the envelope and mark plainly upon 1122
it the name of the person offering to vote. 1123
(2) The affidavit ballot envelope shall include: 1124
(a) The complete name of the voter; 1125
(b) A present and previous physical and mailing address 1126
of the voter; 1127
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(c) Telephone numbers where the voter may be contacted; 1128
(d) A statement that the affiant believes he or she is 1129
registered to vote in the jurisdiction in which he or she offers 1130
to vote; 1131
(e) The signature of the affiant; and 1132
(f) The signature of the poll manager at the polling 1133
place at which the affiant offers to vote. 1134
(3) (a) A separate receipt book shall be maintained for 1135
affidavit voters and the affidavit voters shall sign the receipt 1136
book upon completing the affidavit ballot. 1137
(b) If the affidavit voter is casting an affidavit 1138
ballot because the voter is unable to present an acceptable form 1139
of photo identification and the voter's name appears in the 1140
pollbook, then the poll manager shall write "NO ID" across from 1141
the voter's name and in the appropriate column in the pollbook. 1142
(c) In canvassing the returns of the election, the 1143
executive committee in primary elections, or the election 1144
commissioners in other elections, shall examine the records and 1145
allow the ballot to be counted, or not counted as it appears 1146
legal. 1147
(d) An affidavit ballot of a voter who was unable to 1148
present an acceptable form of photo identification shall not be 1149
rejected for this reason if the voter does either of the 1150
following: 1151
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(i) Returns to the circuit clerk's office, or to 1152
the municipal clerk's office for municipal elections, within five 1153
(5) business days after the date of the election and presents an 1154
acceptable form of photo identification; 1155
(ii) Returns to the circuit clerk's office within 1156
five (5) business days after the date of the election to obtain 1157
the Mississippi Voter Identification Card, or in municipal 1158
election, returns to the municipal clerk's office within five (5) 1159
business days after the date of the election to present his or her 1160
Mississippi Voter Identification Card or Temporary Mississippi 1161
Voter Identification Card; or 1162
(iii) Returns to the circuit clerk's office, or to 1163
the municipal clerk's office for municipal elections, within five 1164
(5) business days after the date of the election to execute a 1165
separate Affidavit of Religious Objection. 1166
(4) When a person is offered the opportunity to vote by 1167
affidavit ballot, he or she shall be provided with written 1168
information that informs the person how to ascertain whether his 1169
or her affidavit ballot was counted and, if the vote was not 1170
counted, the reasons the vote was not counted. 1171
(5) The officials in charge of the election shall process 1172
all affidavit ballots by using the Statewide Elections Management 1173
System. The officials in charge of the election shall account for 1174
all affidavit ballots cast in each election, categorizing the 1175
affidavit ballots cast by reason and recording the total number of 1176
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affidavit ballots counted and not counted in each such category in 1177
the Statewide Elections Management System. 1178
(6) The Secretary of State shall, by rule duly adopted, 1179
establish a uniform affidavit ballot envelope that shall be used 1180
in all elections in this state. The Secretary of State shall 1181
print and distribute a sufficient number of affidavit ballot 1182
envelopes to the registrar of each county for use in elections. 1183
The registrar shall distribute the affidavit ballot envelopes to 1184
municipal and county executive committees for use in primary 1185
elections and to municipal and county election commissioners for 1186
use in all other elections. 1187
(7) County registrars and municipal registrars shall 1188
maintain a secure free access system that complies with the Help 1189
America Vote Act of 2002, by which persons who vote by affidavit 1190
ballot may determine if their ballots were counted, and if not, 1191
the reasons the ballot was not counted. 1192
(8) Any person who votes in any election as a result of a 1193
federal or state court order or other order extending the time 1194
established by law for closing the polls on an election day, may 1195
only vote by affidavit ballot. Any affidavit ballot cast under 1196
this subsection shall be separated and kept apart from other 1197
affidavit ballots cast by voters not affected by the order. 1198
SECTION 14. This act shall take effect and be in force from 1199
and after its passage. 1200