County and municipal executive committee agreements; revise.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

SENATE BILL NO. 2348

AN ACT TO AMEND SECTIONS 23-15-239, 23-15-266, 23-15-335, 1
23-15-265, 23-15-267, 23-15-333 AND 23-15-597, MISSISSIPPI CODE OF 2
1972, TO PROVIDE THAT IF A COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE 3
ELECTS TO ENTER INTO A WRITTEN AGREEMENT WITH THE CIRCUIT OR 4
MUNICIPAL CLERK OR THE COUNTY OR MUNICIPAL ELECTION COMMISSION 5
AUTHORIZING THE CIRCUIT OR MUNICIPAL CLERK OR THE COUNTY OR 6
MUNICIPAL ELECTION COMMISSION TO PERFORM ALL OF THE DUTIES 7
REQUIRED OF THE COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE, THE 8
CIRCUIT OR MUNICIPAL CLERK OR THE COUNTY OR MUNICIPAL ELECTION 9
COMMISSION SHALL ENTER INTO THAT AGREEMENT; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 23-15-239, Mississippi Code of 1972, is 13
amended as follows: 14
23-15-239. (1) The executive committee of each county, in 15
the case of a primary election, or the election commissioners of 16
each county, in the case of all other elections, in conjunction 17
with the circuit clerk, shall, in the years in which counties 18
conduct an election, sponsor and conduct, not less than five (5) 19
days before each election, not less than four (4) hours and not 20
more than eight (8) hours of poll manager training to instruct 21
poll managers as to their duties in the proper administration of 22
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the election and the operation of the polling place. Any poll 23
manager who completes the online training course provided by the 24
Secretary of State shall only be required to complete two (2) 25
hours of in-person poll manager training. No poll manager shall 26
serve in any election unless he or she has received these 27
instructions once during the twelve (12) months immediately 28
preceding the date upon which the election is held; however, 29
nothing in this section shall prevent the appointment of an 30
alternate poll manager to fill a vacancy in case of an emergency. 31
The county executive committee or the election commissioners, as 32
appropriate, shall train a sufficient number of alternates to 33
serve in the event a poll manager is unable to serve for any 34
reason. 35
(2) (a) If it is eligible under Section 23-15-266, the 36
county executive committee may enter into a written agreement with 37
the circuit clerk or the county election commission authorizing 38
the circuit clerk or the county election commission to perform any 39
of the duties required of the county executive committee pursuant 40
to this section. If the county executive committee elects to 41
enter into a written agreement with the circuit clerk or the 42
county election commission authorizing the circuit clerk or the 43
county election commission to perform all of the duties required 44
of the county executive committee, the circuit clerk or the county 45
election commission shall enter into that agreement. Any 46
agreement entered into pursuant to this subsection shall be signed 47
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by the chair of the county executive committee and the circuit 48
clerk or the chair of the county election commission, as 49
appropriate. The county executive committee shall notify the 50
state executive committee and the Secretary of State of the 51
existence of the agreement. 52
(b) If it is eligible under Section 23-15-266, the 53
municipal executive committee may enter into a written agreement 54
with the municipal clerk or the municipal election commission 55
authorizing the municipal clerk or the municipal election 56
commission to perform any of the duties required of the municipal 57
executive committee pursuant to this section. If the municipal 58
executive committee elects to enter into a written agreement with 59
the municipal clerk or the municipal election commission 60
authorizing the municipal clerk or the municipal election 61
commission to perform all of the duties required of the municipal 62
executive committee, the municipal clerk or the municipal election 63
commission shall enter into that agreement. Any agreement entered 64
into pursuant to this subsection shall be signed by the chair of 65
the municipal executive committee and the municipal clerk or the 66
chair of the municipal election commission, as appropriate. The 67
municipal executive committee shall notify the state executive 68
committee and the Secretary of State of the existence of the 69
agreement. 70
(3) The board of supervisors and the municipal governing 71
authority, in their discretion, may compensate poll managers who 72
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attend these training sessions. The compensation shall be at a 73
rate of not less than the federal hourly minimum wage and not more 74
than Twenty Dollars ($20.00) per hour. Poll managers shall not be 75
compensated for more than sixteen (16) hours of attendance at the 76
training sessions regardless of the actual amount of time that 77
they attended the training sessions. 78
(4) The time and location of the training sessions required 79
pursuant to this section shall be announced to the general public 80
by posting a notice thereof at the courthouse and by delivering a 81
copy of the notice to the office of a newspaper having general 82
circulation in the county five (5) days before the date upon which 83
the training session is to be conducted. Persons who will serve 84
as poll watchers for candidates and political parties, as well as 85
members of the general public, shall be allowed to attend the 86
sessions. 87
(5) Subject to the following annual limitations, the 88
election commissioners shall be entitled to receive a per diem in 89
the amount of One Hundred Ten Dollars ($110.00), to be paid from 90
the county general fund, for every day or period of no less than 91
five (5) hours accumulated over two (2) or more days actually 92
employed in the performance of their duties for the necessary time 93
spent in conducting training sessions as required by this section: 94
(a) In counties having less than fifteen thousand 95
(15,000) residents according to the latest federal decennial 96
census, not more than five (5) days per year; 97
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(b) In counties having fifteen thousand (15,000) 98
residents according to the latest federal decennial census but 99
less than thirty thousand (30,000) residents according to the 100
latest federal decennial census, not more than eight (8) days per 101
year; 102
(c) In counties having thirty thousand (30,000) 103
residents according to the latest federal decennial census but 104
less than seventy thousand (70,000) residents according to the 105
latest federal decennial census, not more than ten (10) days per 106
year; 107
(d) In counties having seventy thousand (70,000) 108
residents according to the latest federal decennial census but 109
less than ninety thousand (90,000) residents according to the 110
latest federal decennial census, not more than twelve (12) days 111
per year; 112
(e) In counties having ninety thousand (90,000) 113
residents according to the latest federal decennial census but 114
less than one hundred seventy thousand (170,000) residents 115
according to the latest federal decennial census, not more than 116
fifteen (15) days per year; 117
(f) In counties having one hundred seventy thousand 118
(170,000) residents according to the latest federal decennial 119
census but less than two hundred thousand (200,000) residents 120
according to the latest federal decennial census, not more than 121
eighteen (18) days per year; 122
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(g) In counties having two hundred thousand (200,000) 123
residents according to the latest federal decennial census but 124
less than two hundred twenty-five thousand (225,000) residents 125
according to the latest federal decennial census, not more than 126
nineteen (19) days per year; 127
(h) In counties having two hundred twenty-five thousand 128
(225,000) residents or more according to the latest federal 129
decennial census, not more than twenty-two (22) days per year. 130
(6) Election commissioners shall claim the per diem 131
authorized in subsection (5) of this section in the manner 132
provided for in Section 23-15-153(6). 133
(7) (a) To provide poll manager training, the Secretary of 134
State has developed a single, comprehensive poll manager training 135
program to ensure uniform, secure elections throughout the state. 136
The program includes online training on all state and federal 137
election laws and procedures and voting machine opening and 138
closing procedures. 139
(b) County poll managers who individually access and 140
complete the online training program, including all skills 141
assessments, at least five (5) days before an election shall be 142
defined as "certified poll managers," and entitled to a 143
"Certificate of Completion." 144
(c) At least one (1) certified poll manager shall be 145
appointed by the county election officials to work in each polling 146
place in the county during each general election. 147
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SECTION 2. Section 23-15-266, Mississippi Code of 1972, is 148
amended as follows: 149
23-15-266. (1) A county or municipal executive committee 150
shall be eligible to enter into written agreements with a circuit 151
or municipal clerk or a county or municipal election commission as 152
provided for in Section 23-15-239(2), 23-15-265(2), 23-15-267(4), 153
23-15-333(4), 23-15-335(2) or 23-15-597(2), only if the political 154
party with which such county or municipal executive committee is 155
affiliated: 156
(a) Has cast for its candidate for Governor in the last 157
two (2) gubernatorial elections ten percent (10%) of the total 158
vote cast for Governor; or 159
(b) Has cast for its candidate for Governor in three 160
(3) of the last five (5) gubernatorial elections twenty-five 161
percent (25%) of the total vote cast for Governor. 162
(2) If a county or municipal executive committee elects to 163
enter into a written agreement with the circuit or municipal clerk 164
or the county or municipal election commission authorizing the 165
circuit or municipal clerk or the county or municipal election 166
commission to perform all of the duties required of the county or 167
municipal executive committee, the circuit or municipal clerk or 168
the county or municipal election commission shall enter into that 169
agreement. 170
SECTION 3. Section 23-15-335, Mississippi Code of 1972, is 171
amended as follows: 172
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23-15-335. (1) The county executive committee shall 173
designate a person whose duty it shall be to distribute all 174
necessary ballots for use in a primary election, and shall 175
designate one (1) among the poll managers at each polling place to 176
receive and receipt for the blank ballots to be used at that 177
place. When the blank ballots are delivered to a local poll 178
manager, the distributor shall take from the local poll manager a 179
receipt therefor signed in duplicate by both the distributor and 180
the poll manager, one (1) of which receipts the distributor shall 181
deliver to the circuit clerk and the other shall be retained by 182
the local poll manager and the last mentioned duplicate receipt 183
shall be enclosed in the ballot box with the voted ballots when 184
the polls have been closed and the votes have been counted. The 185
printer of the ballots shall take a receipt from the distributor 186
of the ballots for the total number of the blank ballots delivered 187
to the distributor. The printer shall secure all ballots printed 188
by him or her in such a safe manner that no person can procure 189
them or any of them, and he or she shall deliver no blank ballot 190
or ballots to any person except the distributor above mentioned, 191
and then only upon his or her receipt therefor as above specified. 192
The distributor of the blank ballots shall so securely hold the 193
same that no person can obtain any of them, and he or she shall 194
not deliver any of them to any person other than to the authorized 195
local poll managers and upon their respective receipts therefor. 196
The executive committee shall see to it that the total blank 197
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ballots delivered to the distributor, shall correspond with the 198
total of the receipts executed by the local poll managers. 199
(2) (a) If it is eligible under Section 23-15-266, the 200
county executive committee may enter into a written agreement with 201
the circuit clerk or the county election commission authorizing 202
the circuit clerk or the county election commission to perform any 203
of the duties required of the county executive committee pursuant 204
to this section. If the county executive committee elects to 205
enter into a written agreement with the circuit clerk or the 206
county election commission authorizing the circuit clerk or the 207
county election commission to perform all of the duties required 208
of the county executive committee, the circuit clerk or the county 209
election commission shall enter into that agreement. Any 210
agreement entered into pursuant to this subsection shall be signed 211
by the chair of the county executive committee and the circuit 212
clerk or the chair of the county election commission, as 213
appropriate. The county executive committee shall notify the 214
state executive committee and the Secretary of State of the 215
existence of such agreement. 216
(b) If it is eligible under Section 23-15-266, the 217
municipal executive committee may enter into a written agreement 218
with the municipal clerk or the municipal election commission 219
authorizing the municipal clerk or the municipal election 220
commission to perform any of the duties required of the municipal 221
executive committee pursuant to this section. If the municipal 222
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executive committee elects to enter into a written agreement with 223
the municipal clerk or the municipal election commission 224
authorizing the municipal clerk or the municipal election 225
commission to perform all of the duties required of the municipal 226
executive committee, the municipal clerk or the municipal election 227
commission shall enter into that agreement. Any agreement entered 228
into pursuant to this subsection shall be signed by the chair of 229
the municipal executive committee and the municipal clerk or the 230
chair of the municipal election commission, as appropriate. The 231
municipal executive committee shall notify the state executive 232
committee and the Secretary of State of the existence of such 233
agreement. 234
(3) Any person charged with any of the duties prescribed in 235
this section who shall willfully or with culpable carelessness 236
violate the same shall be guilty of a misdemeanor. 237
SECTION 4. Section 23-15-265, Mississippi Code of 1972, is 238
amended as follows: 239
23-15-265. (1) The county executive committee of each 240
county shall meet not less than two (2) weeks before the date of 241
any primary election and appoint the poll managers for same, all 242
of whom may be members of the same political party. The number of 243
poll managers appointed by the county executive committee shall be 244
the same number as election commissioners are allowed to appoint 245
pursuant to Sections 23-15-231 and 23-15-235. If the county 246
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executive committee fails to meet on the date named, supra, 247
further notice shall be given of the time and place of meeting. 248
(2) (a) If it is eligible under Section 23-15-266, the 249
county executive committee may enter into a written agreement with 250
the circuit clerk or the county election commission authorizing 251
the circuit clerk or the county election commission to perform any 252
of the duties required of the county executive committee pursuant 253
to this section. If the county executive committee elects to 254
enter into a written agreement with the circuit clerk or the 255
county election commission authorizing the circuit clerk or the 256
county election commission to perform all of the duties required 257
of the county executive committee, the circuit clerk or the county 258
election commission shall enter into that agreement. Any 259
agreement entered into pursuant to this subsection shall be signed 260
by the chair of the county executive committee and the circuit 261
clerk or the chair of the county election commission, as 262
appropriate. The county executive committee shall notify the 263
state executive committee and the Secretary of State of the 264
existence of the agreement. 265
(b) If it is eligible under Section 23-15-266, the 266
municipal executive committee may enter into a written agreement 267
with the municipal clerk or the municipal election commission 268
authorizing the municipal clerk or the municipal election 269
commission to perform any of the duties required of the municipal 270
executive committee pursuant to this section. If the municipal 271
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executive committee elects to enter into a written agreement with 272
the municipal clerk or the municipal election commission 273
authorizing the municipal clerk or the municipal election 274
commission to perform all of the duties required of the municipal 275
executive committee, the municipal clerk or the municipal election 276
commission shall enter into that agreement. Any agreement entered 277
into pursuant to this subsection shall be signed by the chair of 278
the municipal executive committee and the municipal clerk or the 279
chair of the municipal election commission, as appropriate. The 280
municipal executive committee shall notify the state executive 281
committee and the Secretary of State of the existence of such 282
agreement. 283
SECTION 5. Section 23-15-267, Mississippi Code of 1972, is 284
amended as follows: 285
23-15-267. (1) The ballot boxes provided by the election 286
commissioners in each county shall be used in primary elections, 287
and the county executive committees shall distribute them to the 288
voting precincts of the county before the time for opening the 289
polls, in the same manner, as near as may be, as that provided for 290
in general elections. 291
(2) The boxes shall be securely sealed and locked beginning 292
at the start of voting on election day until the end of voting on 293
election day; and the box shall be kept by one (1) of the poll 294
managers, and the poll manager having the box shall carefully keep 295
it, and neither open it himself or herself nor permit it to be 296
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done, nor permit any person to have any access to it throughout 297
voting during election day. The box shall not be removed from the 298
polling place after the polls are open until the polls close and 299
the count is completed. 300
(3) After each election, the ballot boxes shall be delivered 301
to the clerk of the circuit court of the county for preservation; 302
and he or she shall keep them for future use, and, when called 303
for, deliver them to the election commissioners. 304
(4) (a) If it is eligible under Section 23-15-266, the 305
county executive committee may enter into a written agreement with 306
the circuit clerk or the county election commission authorizing 307
the circuit clerk or the county election commission to perform any 308
of the duties required of the county executive committee pursuant 309
to this section. If the county executive committee elects to 310
enter into a written agreement with the circuit clerk or the 311
county election commission authorizing the circuit clerk or the 312
county election commission to perform all of the duties required 313
of the county executive committee, the circuit clerk or the county 314
election commission shall enter into that agreement. Any 315
agreement entered into pursuant to this subsection shall be signed 316
by the chair of the county executive committee and the circuit 317
clerk or the chair of the county election commission, as 318
appropriate. The county executive committee shall notify the 319
State Executive Committee and the Secretary of State of the 320
existence of such agreement. 321
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(b) If it is eligible under Section 23-15-266, the 322
municipal executive committee may enter into a written agreement 323
with the municipal clerk or the municipal election commission 324
authorizing the municipal clerk or the municipal election 325
commission to perform any of the duties required of the municipal 326
executive committee pursuant to this section. If the municipal 327
executive committee elects to enter into a written agreement with 328
the municipal clerk or the municipal election commission 329
authorizing the municipal clerk or the municipal election 330
commission to perform all of the duties required of the municipal 331
executive committee, the municipal clerk or the municipal election 332
commission shall enter into that agreement. Any agreement entered 333
into pursuant to this subsection shall be signed by the chair of 334
the municipal executive committee and the municipal clerk or the 335
chair of the municipal election commission, as appropriate. The 336
municipal executive committee shall notify the State Executive 337
Committee and the Secretary of State of the existence of such 338
agreement. 339
(5) The person, or persons, whose duty it is to comply with 340
the provisions of this section and who shall fail, or neglect, 341
from any cause, to deliver the boxes or any of them as herein 342
provided shall, upon conviction, be fined not less than Two 343
Hundred Dollars ($200.00) and be imprisoned in the county jail of 344
the residence of the person, or persons, who violates any of the 345
provisions of this section, for a period of not less than thirty 346
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(30) days or more than six (6) months, and fined not more than 347
Five Hundred Dollars ($500.00). 348
SECTION 6. Section 23-15-333, Mississippi Code of 1972, is 349
amended as follows: 350
23-15-333. (1) The county executive committee shall have 351
printed all necessary ballots, for use in primary elections. The 352
county executive committee shall have printed all necessary 353
absentee ballots forty-five (45) days before the election as 354
required by law. The ballots shall contain the names of all the 355
candidates to be voted for at the election, and there shall be 356
left on each ballot one (1) blank space under the title of each 357
office for which a nominee is to be elected; and in the event of 358
the death of any candidate whose name shall have been printed on 359
the ballot, the name of the candidate duly substituted in the 360
place of the deceased candidate may be written in such blank space 361
by the voter. Except as otherwise provided in subsection (2) of 362
this section, the order in which the titles to the various offices 363
shall be printed, and the size, print and quality of the paper of 364
the ballot is left to the discretion of the county executive 365
committee. Provided, however, that in all cases the arrangement 366
of the names of the candidates for each office shall be 367
alphabetical. No ballot shall be used except those so printed. 368
(2) The titles for the various offices shall be listed in 369
the following order: 370
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(a) Candidates, electors or delegates for the following 371
national offices: 372
(i) President of the United States of America; 373
(ii) United States Senator or United States 374
Representative; 375
(b) Candidates for the following statewide offices: 376
Governor, Lieutenant Governor, Secretary of State, Attorney 377
General, State Treasurer, Auditor of Public Accounts, Commissioner 378
of Agriculture and Commerce, Commissioner of Insurance; 379
(c) Candidates for the following state district 380
offices: Mississippi Transportation Commissioner, Public Service 381
Commissioner, District Attorney; 382
(d) Candidates for the following legislative offices: 383
Senator and House of Representatives; 384
(e) Candidates for countywide office; 385
(f) Candidates for county district office. 386
The order in which the titles for the various offices are 387
listed within each of the categories listed in paragraphs (e) and 388
(f) are left to the discretion of the county executive committee. 389
Candidates' names shall be listed alphabetically under each office 390
by the candidate's last name. 391
(3) If after the deadline to qualify as a candidate for an 392
office, only one (1) person has duly qualified to be a candidate 393
for the office in the primary election, the name of that person 394
shall be placed on the ballot; provided, however, that if not more 395
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than one (1) person has duly qualified to be a candidate for each 396
office on the primary election ballot, the election for all 397
offices on the ballot shall be dispensed with and the appropriate 398
executive committee shall declare each candidate as the party 399
nominee if the candidate meets all the qualifications to hold the 400
office. 401
(4) (a) If it is eligible under Section 23-15-266, the 402
county executive committee may enter into a written agreement with 403
the circuit clerk or the county election commission authorizing 404
the circuit clerk or the county election commission to perform any 405
of the duties required of the county executive committee pursuant 406
to this section. If the county executive committee elects to 407
enter into a written agreement with the circuit clerk or the 408
county election commission authorizing the circuit clerk or the 409
county election commission to perform all of the duties required 410
of the county executive committee, the circuit clerk or the county 411
election commission shall enter into that agreement. Any 412
agreement entered into pursuant to this subsection shall be signed 413
by the chair of the county executive committee and the circuit 414
clerk or the chair of the county election commission, as 415
appropriate. The county executive committee shall notify the 416
state executive committee and the Secretary of State of the 417
existence of such agreement. 418
(b) If it is eligible under Section 23-15-266, the 419
municipal executive committee may enter into a written agreement 420
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with the municipal clerk or the municipal election commission 421
authorizing the municipal clerk or the municipal election 422
commission to perform any of the duties required of the municipal 423
executive committee pursuant to this section. If the municipal 424
executive committee elects to enter into a written agreement with 425
the municipal clerk or the municipal election commission 426
authorizing the municipal clerk or the municipal election 427
commission to perform all of the duties required of the municipal 428
executive committee, the municipal clerk or the municipal election 429
commission shall enter into that agreement. Any agreement entered 430
into pursuant to this subsection shall be signed by the chair of 431
the municipal executive committee and the municipal clerk or the 432
chair of the municipal election commission, as appropriate. The 433
municipal executive committee shall notify the state executive 434
committee and the Secretary of State of the existence of such 435
agreement. 436
SECTION 7. Section 23-15-597, Mississippi Code of 1972, is 437
amended as follows: 438
23-15-597. (1) The county executive committee shall meet 439
no later than one (1) week from the day following each primary 440
election to receive and canvass the returns that must be made 441
within the time fixed by law for returns of general elections and 442
declare the result, and announce the name of the nominees for 443
county and county district offices and the names of those 444
candidates to be submitted to the second primary. The vote for 445
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state, state district offices and legislative offices shall be 446
tabulated by precincts and certified to and returned to the State 447
Executive Committee, such returns to be mailed by registered 448
letter or any safe mode of transmission within thirty-six (36) 449
hours after the returns are canvassed and the result ascertained. 450
The State Executive Committee shall meet one (1) week from the day 451
following the first primary election held for state, state 452
district offices and legislative offices, and shall proceed to 453
canvass the returns and to declare the result, and announce the 454
names of those nominated for the different offices in the first 455
primary and the names of those candidates whose names are to be 456
submitted to the second primary election. The State Executive 457
Committee shall also meet one (1) week from the day on which the 458
second primary election was held and receive and canvass the 459
returns for state and district offices, if any, and legislative 460
offices, if any, voted on in the second primary. An exact and 461
full duplicate of all tabulations by precincts as certified under 462
this section shall be filed with the circuit clerk of the county 463
who shall safely preserve the same in his or her office. 464
(2) (a) If it is eligible under Section 23-15-266, the 465
county executive committee may enter into a written agreement with 466
the circuit clerk or the county election commission authorizing 467
the circuit clerk or the county election commission to perform any 468
of the duties required of the county executive committee pursuant 469
to this section. If the county executive committee elects to 470
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enter into a written agreement with the circuit clerk or the 471
county election commission authorizing the circuit clerk or the 472
county election commission to perform all of the duties required 473
of the county executive committee, the circuit clerk or the county 474
election commission shall enter into that agreement. Any 475
agreement entered into pursuant to this subsection shall be signed 476
by the chair of the county executive committee and the circuit 477
clerk or the chair of the county election commission, as 478
appropriate. The county executive committee shall notify the 479
State Executive Committee and the Secretary of State of the 480
existence of the agreement. 481
(b) If it is eligible under Section 23-15-266, the 482
municipal executive committee may enter into a written agreement 483
with the municipal clerk or the municipal election commission 484
authorizing the municipal clerk or the municipal election 485
commission to perform any of the duties required of the municipal 486
executive committee pursuant to this section. If the municipal 487
executive committee elects to enter into a written agreement with 488
the municipal clerk or the municipal election commission 489
authorizing the municipal clerk or the municipal election 490
commission to perform all of the duties required of the municipal 491
executive committee, the municipal clerk or the municipal election 492
commission shall enter into that agreement. Any agreement entered 493
into pursuant to this subsection shall be signed by the chair of 494
the municipal executive committee and the municipal clerk or the 495
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ST: County and municipal executive committee
agreements; revise.
chair of the municipal election commission, as appropriate. The 496
municipal executive committee shall notify the State Executive 497
Committee and the Secretary of State of the existence of the 498
agreement. 499
SECTION 8. This act shall take effect and be in force from 500
and after July 1, 2026. 501