In person early voting; allow.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2584

AN ACT TO CREATE THE "IN-PERSON EARLY VOTING ACT"; TO PROVIDE 1
LEGISLATIVE FINDINGS AND DEFINITIONS; TO PROVIDE THAT THE 2
IN-PERSON EARLY VOTING PERIOD SHALL BEGIN 15 DAYS BEFORE THE 3
ELECTION AND CONTINUE NO EARLIER THAN THE SECOND DAY PRECEDING THE 4
ELECTION; TO PROVIDE THAT IN-PERSON EARLY VOTING SHALL BE FOR EACH 5
PRIMARY, GENERAL, RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR 6
PUBLIC OFFICE; TO PROVIDE MINIMUM HOURS FOR IN-PERSON EARLY 7
VOTING, INCLUDING WEEKEND AND EVENING ACCESS; TO PROVIDE THE 8
PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE IN-PERSON 9
EARLY VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE 10
QUALIFICATIONS OF A VOTER DURING THE IN-PERSON EARLY VOTING 11
PERIOD; TO PROHIBIT VOTING VIA BALLOT HARVESTING, BALLOT DROP 12
BOXES OR WITH MAIL-IN OR ABSENTEE BALLOTS FOR REASONS OR INSTANCES 13
OTHER THAN WHAT IS ALLOWED BY THE MISSISSIPPI ELECTION CODE; TO 14
AMEND SECTIONS 23-15-625, 23-15-627, 23-15-631, 23-15-637, 15
23-15-713, 23-15-715 AND 23-15-719, MISSISSIPPI CODE OF 1972, TO 16
CONFORM; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. The Legislature finds and declares that: 19
(a) Early in-person voting increases participation in 20
elections, enhances accessibility for voters with different 21
schedules and strengthens confidence in the democratic process; 22
(b) Ensuring consistent and extended voting hours and 23
weekend access reduces barriers for voters who work or attend 24
school, care for family members or face transportation challenges; 25
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(c) Providing additional temporary early voting 26
locations in proximity to public transportation, rural communities 27
and college campuses improves voter access across the state; and 28
(d) Pre-processing and scanning of ballots prior to 29
Election Day enhances election efficiency, reduces administrative 30
burdens on election officials and maintains the secrecy and 31
integrity of all ballots. 32
SECTION 2. Sections 2 through 7 of this act shall be known 33
and may be cited as the "In-Person Early Voting Act." 34
SECTION 3. For purposes of this act, these words will have 35
the following meanings, unless their context clearly suggests 36
otherwise: 37
(a) "Election" means the period of time that is 38
available for casting a final vote, including the in-person early 39
voting period defined in this chapter. References to the time of 40
an election or the duration of the election shall encompass, 41
unless the context clearly indicates otherwise, the fifteen-day 42
period that has been designed for in-person early voting. 43
(b) "Polling place" or "voting precinct" means any 44
place where a qualified elector votes during the in-person early 45
voting period and on election day. 46
SECTION 4. (1) The in-person early voting period shall 47
begin fifteen (15) days before the date of each primary, general, 48
runoff, special and municipal election for public office and 49
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continue through no earlier than the second day preceding the 50
election day, including Saturdays and Sundays. 51
(2) In-person early voting shall be conducted no fewer than 52
ten (10) hours each day during the early voting period. 53
(a) The hours for in-person early voting shall be 54
uniform each day during the early voting period. 55
(b) Such hours shall include at least one (1) hour 56
prior to 9:00 A.M. and at least one (1) hour after 5:00 P.M. 57
(c) In-person early voting shall be conducted on each 58
Saturday and Sunday occurring during the early voting period. 59
(3) Any qualified elector may vote during the times 60
established for in-person early voting in the office of the 61
registrar in which the elector is registered to vote. Nothing in 62
this section shall prohibit additional temporary early voting 63
locations to expand voter access. These locations may include, 64
but are not limited to: 65
(a) Sites near public transportation stops; 66
(b) Rural communities to ensure access for residents of 67
remote areas; and 68
(c) College campuses within the jurisdiction. 69
(4) Notice of the in-person early voting hours shall be 70
given by the officials in charge of the election not less than 71
eight (8) days before the in-person early voting period begins. 72
Such notice shall be posted in three (3) public places within the 73
county or municipality, with one (1) place being the county 74
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courthouse in a county election or city hall in a municipal 75
election. 76
SECTION 5. (1) A qualified elector who desires to vote 77
during the in-person early voting period shall appear at the 78
office of the appropriate registrar in the county or municipality 79
in which the elector is a resident and registered to vote and 80
shall present an acceptable form of photo identification. Upon 81
verification of the proper location and identity, the elector 82
shall be marked in the Statewide Elections Management System as 83
"VOTED IPE," sign the appropriate receipt book and cast his or her 84
vote in the same manner that such vote would be cast on the day of 85
the election. Except as otherwise provided in Sections 1 through 86
6 of this act, the election laws that govern the procedures for a 87
person who appears to vote on the day of an election shall apply 88
when a person appears to vote during the in-person early voting 89
period. 90
(2) All votes cast during the in-person early voting period 91
shall be final. 92
(3) The votes cast during the in-person early voting period 93
may be processed and scanned prior to Election Day, provided no 94
tabulation results are released publicly before the close of polls 95
on Election Day. 96
SECTION 6. Each political party, candidate or any 97
representative of a political party or candidate pursuant to 98
Section 23-15-577 shall have the right to be present at the office 99
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of the appropriate registrar when it is open for in-person early 100
voting and to challenge the qualifications of any person offering 101
to vote in the same manner as provided by law for challenging 102
qualifications at the polling place on election day. 103
SECTION 7. (1) The Secretary of State shall promulgate 104
rules and regulations necessary to effectuate in-person early 105
voting. 106
(2) The Secretary of State shall promulgate specific 107
instructions for the security and integrity of the voting systems 108
during the in-person early voting period. All voting systems used 109
under this section shall be maintained and locked in a secure 110
location at the registrar's office or building each day after the 111
close of in-person early voting hours. 112
SECTION 8. (1) As used in this section, the following words 113
shall have the following meanings, unless the context clearly 114
provides otherwise: 115
(a) "Ballot harvesting" means a person who knowingly 116
collects and transmits a ballot belonging to another person 117
outside of the exceptions provided in Section 23—15-907. 118
(b) "Ballot drop boxes" means an unsupervised 119
receptacle where voters can return absentee or mail ballots in 120
sealed and signed envelopes. Ballot drop boxes shall also include 121
supervised drop-box locations that are not voting locations 122
authorized by state law. 123
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(2) Voting via ballot harvesting, ballot drop boxes, or by 124
mail-in or absentee ballots other than for reasons or instances 125
allowed by the Mississippi Election Code, shall be prohibited. 126
SECTION 9. Section 23-15-625, Mississippi Code of 1972, is 127
amended as follows: 128
23-15-625. (1) The registrar shall be responsible for 129
providing applications for absentee voting as provided in this 130
section. At least sixty (60) days before any election in which 131
absentee voting is provided for by law, the registrar shall 132
provide a sufficient number of applications. In the event a 133
special election is called and set at a date which makes it 134
impractical or impossible to prepare applications for absent 135
elector's ballot sixty (60) days before the election, the 136
registrar shall provide applications as soon as practicable after 137
the election is called. The registrar shall fill in the date of 138
the particular election on the application for which the 139
application will be used. For voters appearing in person to cast 140
an absentee vote, the application and elector certificate shall be 141
printed on the absentee ballot envelope as provided in Section 142
23-15-659. 143
(2) The registrar shall be authorized to disburse 144
applications for absentee ballots to any qualified elector within 145
the county where he or she serves. Any person who presents to the 146
registrar an oral or written request for an absentee ballot 147
application for a voter entitled to vote absentee by mail, other 148
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than the elector who seeks to vote by absentee ballot, shall, in 149
the presence of the registrar, sign the application and print on 150
the application his or her name and address and the name of the 151
elector for whom the application is being requested in the place 152
provided for on the application for that purpose. However, if for 153
any reason such person is unable to write the information 154
required, then the registrar shall write the information on a 155
printed form which has been prescribed by the Secretary of State. 156
The form shall provide a place for such person to place his or her 157
mark after the form has been filled out by the registrar. 158
(3) It shall be unlawful for any person to solicit absentee 159
ballot applications or absentee ballots for persons staying in any 160
skilled nursing facility as defined in Section 41-7-173 unless the 161
person soliciting the absentee ballot applications or absentee 162
ballots is: 163
(a) A family member of the person staying in the 164
skilled nursing facility; or 165
(b) A person designated by the person for whom the 166
absentee ballot application or absentee ballot is sought, the 167
registrar or the deputy registrar. 168
As used in this subsection, "family member" means a spouse, 169
parent, grandparent, sibling, adult child, grandchild or legal 170
guardian. 171
(4) The registrar in the county wherein a voter is qualified 172
to vote upon receiving by mail the envelope containing the 173
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absentee ballots shall keep an accurate list of all persons 174
preparing such ballots. The list shall be kept in a conspicuous 175
place accessible to the public near the entrance to the 176
registrar's office. The registrar shall also furnish to 177
each * * * poll manager a list of the names of all persons in each 178
respective precinct voting absentee by mail and during in-person 179
early voting to be posted in a conspicuous place at the polling 180
place for public notice. The application on file with the 181
registrar and the envelopes containing the ballots that voters 182
mailed to the registrar shall be kept by the registrar in his or 183
her office in a secure location. At the time such boxes are 184
delivered to the election commissioners or poll managers, the 185
registrar shall also turn over a list of all such persons who have 186
voted during in-person early voting and whose mailed ballots are 187
in the registrar's office. 188
(5) The registrar shall also be authorized to mail one (1) 189
application to any qualified elector of the county, who is 190
eligible to vote by absentee ballot, for use in a particular 191
election. 192
(6) The registrar shall process all applications for 193
absentee ballots by using the Statewide Election Management 194
System. The registrar shall account for all absentee ballots 195
delivered to and received by mail as well as those who voted 196
absentee in person from qualified voters by processing such 197
ballots using the Statewide Election Management System. 198
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SECTION 10. Section 23-15-627, Mississippi Code of 1972, is 199
amended as follows: 200
23-15-627. (1) Any elector described in Section 23-15-713 201
may request an absentee ballot application and * * * have the 202
application and absentee ballot mailed to the elector. The 203
registrar shall be responsible for furnishing an absentee ballot 204
application form to any elector authorized to receive an absentee 205
ballot. Such form shall be printed on the absentee ballot 206
envelope as provided in Section 23-15-659. Except as otherwise 207
provided in Section 23-15-625, absentee ballot applications shall 208
be furnished to a person only upon the oral or written request of 209
the elector who seeks to vote by absentee ballot; however, the 210
parent, child, spouse, sibling, legal guardian, those empowered 211
with a power of attorney for that elector's affairs or agent of 212
the elector, who is designated in writing and witnessed by a 213
resident of this state who shall write his or her physical address 214
on such designation, may orally request an absentee ballot 215
application on behalf of the elector. The written designation 216
shall be valid for one (1) year after the date of the designation. 217
An absentee ballot application must have the seal of the circuit 218
or municipal clerk affixed to it and be initialed by the registrar 219
or his or her deputy in order to be used to obtain an absentee 220
ballot. A reproduction of an absentee ballot application shall 221
not be valid unless it is a reproduction provided by the office of 222
the registrar of the jurisdiction in which the election is being 223
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held and which contains the seal and initials required by this 224
section. 225
(2) Such application shall be substantially in the following 226
form for applications mailed to absentee electors: 227
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 228
I, _____, duly qualified and registered in the ___ Precinct 229
of the County of _____, and State of Mississippi, coming within 230
the purview of the definition 'ABSENT ELECTOR' will be absent from 231
the county of my residence on election day, or unable to vote in 232
person because (check appropriate reason): 233
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 234
resident of Mississippi or have moved therefrom within thirty (30) 235
days of the coming presidential election. 236
( ) I am an enlisted or commissioned member, male or female, 237
of any component of the United States Armed Forces and am a 238
citizen of Mississippi, or spouse or dependent of such member. 239
( ) I am a member of the Merchant Marine or the American Red 240
Cross and am a citizen of Mississippi or spouse or dependent of 241
such member. 242
( ) I am a disabled war veteran who is a patient in any 243
hospital and am a citizen of Mississippi or spouse or dependent of 244
such veteran. 245
( ) I am a civilian attached to and serving outside of the 246
United States with any branch of the Armed Forces or with the 247
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Merchant Marine or American Red Cross, and am a citizen of 248
Mississippi or spouse or dependent of such civilian. 249
( ) I am a citizen of Mississippi temporarily residing 250
outside the territorial limits of the United States and the 251
District of Columbia. 252
* * * 253
( ) I am a citizen of Mississippi temporarily residing 254
outside of the county of my residence during the in-person early 255
voting period or on election day. 256
( ) I am an emergency response provider, deployed due to a 257
state of emergency declared by the President of the United States 258
or the governor of any state within the United States during the 259
time period provided by state law for in-person early voting and 260
election day. 261
* * * 262
( ) I have a temporary or permanent physical disability. 263
( ) I am sixty-five (65) years of age or older. 264
( ) I am the parent, spouse or dependent of a person with a 265
temporary or permanent physical disability who is hospitalized 266
outside his or her county of residence or more than fifty (50) 267
miles away from his or her residence, and I will be with such 268
person on election day. 269
( ) I am a member of the congressional delegation, or spouse 270
or dependent of a member of the congressional delegation. 271
* * * 272
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( ) I am incarcerated in prison or jail in the county where 273
I am registered to vote and have not been convicted of a 274
disenfranchising crime. 275
I hereby make application for an official ballot, or ballots, 276
to be voted by me at the election to be held in _____, on _____. 277
Mail 'Absent Elector's Ballot' to me at the following address 278
____________. 279
( ) I wish to receive an absentee ballot for the runoff 280
election ___________________________________________. 281
Notify me of a problem with my 'Absent Elector's Ballot' at 282
the following: 283
Phone number: _____________________________ 284
Email address: ____________________________ 285
Mailing address: __________________________ 286
I realize that I can be fined up to Five Thousand Dollars 287
($5,000.00) and sentenced up to five (5) years in the Penitentiary 288
for making a false statement in this application and for selling 289
my vote and violating the Mississippi Absentee Voter Law. (This 290
sentence is to be in bold print.) 291
If you are temporarily or permanently disabled, you are not 292
required to have this application notarized or signed by an 293
official authorized to administer oaths for absentee balloting. 294
You are required to sign this application in the proper place and 295
have a person eighteen (18) years of age or older witness your 296
signature and sign this application in the proper place. 297
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DO NOT SIGN WITHOUT READING. (This sentence is to be in bold 298
print.) 299
IN WITNESS WHEREOF I have hereunto set my hand and seal this 300
the ____ day of ______, 2___. 301
______________________________________ 302
(Signature of absent elector) 303
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 304
2___. 305
________________________________________ 306
(Official authorized to administer oaths 307
for absentee balloting.) 308
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY 309
DISABLED: 310
I HEREBY CERTIFY that this application for an absent 311
elector's ballot was signed by the above-named elector in my 312
presence and that I am at least eighteen (18) years of age, this 313
the _____ day of ____________________, 2___. 314
_________________________________ 315
(Signature of witness) 316
CERTIFICATE OF DELIVERY 317
I hereby certify that _________________ (print name of voter) 318
has requested that I, __________________ (print name of person 319
delivering application), deliver to the voter this absentee ballot 320
application. 321
__________________________________________ 322
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(Signature of person delivering application) 323
__________________________________________ 324
(Address of person delivering application)" 325
(3) The application printed on the front of the absentee 326
ballot envelope for absentee voters appearing before the registrar 327
shall be substantially in the following form: 328
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT 329
I, _____, duly qualified and registered in the ___ Precinct 330
of the County of _____, and State of Mississippi, coming within 331
the purview of the definition 'ABSENT ELECTOR' will be absent from 332
the county of my residence on election day, or unable to vote in 333
person because (check appropriate reason): 334
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a 335
resident of Mississippi or have moved therefrom within thirty (30) 336
days of the coming presidential election. 337
( ) I am an enlisted or commissioned member, male or female, 338
of any component of the United States Armed Forces and am a 339
citizen of Mississippi, or spouse or dependent of such member. 340
( ) I am a member of the Merchant Marine or the American Red 341
Cross and am a citizen of Mississippi or spouse or dependent of 342
such member. 343
( ) I am a disabled war veteran who is a patient in any 344
hospital and am a citizen of Mississippi or spouse or dependent of 345
such veteran. 346
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( ) I am a civilian attached to and serving outside of the 347
United States with any branch of the Armed Forces or with the 348
Merchant Marine or American Red Cross, and am a citizen of 349
Mississippi or spouse or dependent of such civilian. 350
( ) I am a citizen of Mississippi temporarily residing 351
outside the territorial limits of the United States and the 352
District of Columbia. 353
* * * 354
( ) I am a citizen of Mississippi temporarily residing 355
outside of the county of my residence during the in-person early 356
voting period or on election day. 357
( ) I am an emergency first-response provider, deployed due 358
to a state of emergency declared by the President of the United 359
States or the governor of any state within the United States 360
during the time period provided by law for in-person early voting 361
and election day. 362
* * * 363
( ) I have a temporary or permanent physical disability. 364
( ) I am sixty-five (65) years of age or older. 365
( ) I am the parent, spouse or dependent of a person with a 366
temporary or permanent physical disability who is hospitalized 367
outside his or her county of residence or more than fifty (50) 368
miles away from his or her residence, and I will be with such 369
person on election day. 370
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( ) I am a member of the congressional delegation, or spouse 371
or dependent of a member of the congressional delegation. 372
* * * 373
( ) I am incarcerated in prison or jail in the county where 374
I am registered to vote and have not been convicted of a 375
disenfranchising crime. 376
I hereby make application for an official ballot, or ballots, 377
to be voted by me at the election to be held in _____, on _____. 378
Notify me of a problem with my 'Absent Elector's Ballot' at 379
the following: 380
Phone number: _____________________________ 381
Email address: ____________________________ 382
Mailing address: __________________________ 383
I realize that I can be fined up to Five Thousand Dollars 384
($5,000.00) and sentenced up to five (5) years in the Penitentiary 385
for making a false statement in this application and for selling 386
my vote and violating the Mississippi Absentee Voter Law. (This 387
sentence is to be in bold print.)" 388
SECTION 11. Section 23-15-631, Mississippi Code of 1972, is 389
amended as follows: 390
23-15-631. (1) The registrar shall enclose with each ballot 391
mailed to an absent elector separate printed instructions 392
furnished by the registrar containing the following: 393
* * * 394
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( * * *a) Upon receipt of the enclosed ballot, you will 395
not mark the ballot except in view or sight of the attesting 396
witness. In the sight or view of the attesting witness, mark the 397
ballot according to instructions. 398
( * * *b) After marking the ballot, fill out and sign 399
the "ELECTOR'S CERTIFICATE" in the box on the back of the envelope 400
so that the signature is across the flap of the envelope to ensure 401
the integrity of the ballot. All absent electors shall have the 402
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 403
box across the flap on the back of the envelope. A portion of the 404
elector's signature extending outside of the box shall not be 405
grounds for rejecting that elector's ballot. Place the necessary 406
postage on the envelope and deposit it in the post office or some 407
government receptacle provided for the deposit of mail so that the 408
absent elector's ballot will be postmarked on or before the date 409
of the election and received by the registrar no more than five 410
(5) business days after the election. The ballot may only be 411
transmitted by the United States Postal Service or other common 412
carriers, including, but not limited to, United Parcel Service or 413
FedEx Corporation. 414
Any notary public, United States postmaster, assistant United 415
States postmaster, United States postal supervisor, clerk in 416
charge of a contract postal station, or other officer having 417
authority to administer an oath or take an acknowledgment may be 418
an attesting witness; provided, however, that in the case of an 419
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absent elector who is temporarily or permanently physically 420
disabled, the attesting witness may be any person eighteen (18) 421
years of age or older and such person is not required to have the 422
authority to administer an oath. If a postmaster, assistant 423
postmaster, postal supervisor, or clerk in charge of a contract 424
postal station acts as an attesting witness, his or her signature 425
in a box on the elector's certificate must be authenticated by the 426
cancellation stamp of their respective post offices. If an 427
officer having authority to administer an oath or take an 428
acknowledgment acts as an attesting witness, his or her signature 429
in a box on the elector's certificate, together with his or her 430
title and address, but no seal, shall be required. A portion of 431
the elector's signature extending outside of the box shall not be 432
grounds for rejecting that elector's ballot. Any affidavits made 433
by an absent elector who is in the Armed Forces may be executed 434
before a commissioned officer, warrant officer, or noncommissioned 435
officer not lower in grade than sergeant rating or any person 436
authorized to administer oaths. 437
( * * *c) When the application accompanies the ballot 438
it shall not be returned in the same envelope as the ballot but 439
shall be returned in a separate pre-addressed envelope provided by 440
the registrar. 441
( * * *d) A candidate for public office, or the spouse, 442
parent or child of a candidate for public office, may not be an 443
attesting witness for any absentee ballot upon which the 444
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candidate's name appears, unless the voter is related within the 445
first degree to the candidate or the spouse, parent or child of 446
the candidate. 447
( * * *e) Any voter casting an absentee ballot who 448
declares that he or she requires assistance to vote by reason of 449
blindness, temporary or permanent physical disability or inability 450
to read or write, shall be entitled to receive assistance in the 451
marking of his or her absentee ballot and in completing the 452
affidavit on the absentee ballot envelope. The voter may be given 453
assistance by anyone of the voter's choice other than a candidate 454
whose name appears on the absentee ballot being marked, the 455
spouse, parent or child of a candidate whose name appears on the 456
absentee ballot being marked or the voter's employer, an agent of 457
that employer or a union representative; however, a candidate 458
whose name is on the ballot or the spouse, parent or child of such 459
candidate may provide assistance upon request to any voter who is 460
related within the first degree. In order to ensure the integrity 461
of the ballot, any person who provides assistance to an absentee 462
voter shall be required to sign and complete the "Certificate of 463
Person Providing Voter Assistance" on the absentee ballot 464
envelope. 465
(2) The foregoing instructions required to be provided by 466
the registrar to the elector shall also constitute the substantive 467
law pertaining to the handling of absentee ballots by the elector 468
and registrar. 469
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(3) The Secretary of State shall prepare instructions on how 470
absent voters may comply with the identification requirements of 471
Section 23-15-563. 472
SECTION 12. Section 23-15-637, Mississippi Code of 1972, is 473
amended as follows: 474
23-15-637. (1) * * * Absentee ballots and applications 475
received by mail, except for fax or electronically transmitted 476
ballots as otherwise provided by Section 23-15-699 for UOCAVA 477
ballots, or common carrier, such as United Parcel Service or FedEx 478
Corporation, must be * * * received by the registrar no more than 479
five (5) business days after the election; any received after such 480
time shall be handled as provided in Section 23-15-647 and shall 481
not be counted. 482
* * * 483
(2) The registrar shall deposit all absentee ballots which 484
have been timely cast and received by mail in a secured and sealed 485
box in a designated location in the registrar's office upon 486
receipt. The registrar shall not send any absentee ballots to the 487
precinct polling locations. 488
(3) The Secretary of State shall promulgate rules and 489
regulations necessary to ensure that when a qualified elector who 490
is qualified to vote absentee votes by absentee mail-in 491
ballot, * * * that person's absentee vote is final and he or she 492
may not vote at the polling place on election day. 493
Notwithstanding any other provisions of law to the contrary, the 494
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Secretary of State shall promulgate rules and regulations 495
necessary to ensure that absentee ballots shall remain in the 496
registrar's office for counting and not be taken to the precincts 497
on election day. 498
SECTION 13. Section 23-15-713, Mississippi Code of 1972, is 499
amended as follows: 500
23-15-713. For the purpose of this subarticle, any duly 501
qualified elector may vote as provided in this subarticle if the 502
elector falls within at least one (1) of the following categories: 503
* * * 504
( * * *a) Any qualified elector who is required to be 505
away from his or her place of residence on any election day due to 506
his or her employment as an employee of a member of the 507
Mississippi congressional delegation and the spouse and dependents 508
of such person if he or she shall be residing with such absentee 509
voter away from the county of the spouse's voting residence. 510
* * * 511
( * * *b) Any person who has a temporary or permanent 512
physical disability and who, because of such disability, is unable 513
to vote in person without substantial hardship to himself, herself 514
or others, or whose attendance at the voting place could 515
reasonably cause danger to himself, herself or others. 516
( * * *c) The parent, spouse or dependent of a person 517
with a temporary or permanent physical disability who is 518
hospitalized outside of his or her county of residence or more 519
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than fifty (50) miles distant from his or her residence, if the 520
parent, spouse or dependent will be with such person on election 521
day. 522
( * * *d) Any person who is sixty-five (65) years of 523
age or older. 524
( * * *e) Any member of the Mississippi congressional 525
delegation absent from Mississippi on election day, and the spouse 526
and dependents of such member of the congressional delegation. 527
( * * *f) Any qualified elector who * * * is 528
temporarily residing outside of their county of residence during 529
the in-person early voting period and on election day during the 530
times when the polls will be open. 531
(g) Any emergency response provider, deployed due to a 532
state of emergency declared by the President of the United States 533
or the governor of any state within the United States during the 534
time period provided by state law for in-person early voting and 535
election day. 536
( * * *h) Any qualified elector who is incarcerated in 537
prison or jail in the county where he or she is registered to vote 538
and has not been convicted of a disenfranchising crime. 539
SECTION 14. Section 23-15-715, Mississippi Code of 1972, is 540
amended as follows: 541
23-15-715. Any elector described in Section 23-15-713 and 542
desiring an absentee ballot as provided in this subarticle may 543
secure same if * * * within forty-five (45) days * * * before any 544
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election, but not less than seven (7) days before the election, 545
such elector applies for an absentee ballot as provided in the 546
provisions of this act. * * * All applications, other than those 547
of persons having a temporary or permanent physical disability, 548
shall * * * be sworn to and subscribed before an official who is 549
authorized to administer oaths or another official authorized to 550
witness absentee balloting as provided in this chapter. The 551
applications of persons having a temporary or permanent physical 552
disability are not required to be accompanied by an affidavit but 553
shall be witnessed and signed by a person eighteen (18) years of 554
age or older. The registrar shall send to such absent voter a 555
proper absentee voter ballot within twenty-four (24) hours, or as 556
soon thereafter as the ballots are available, containing the names 557
of all candidates who qualify or the proposition to be voted on in 558
such election, and with such ballot there shall be sent an 559
official envelope containing upon it in printed form the recitals 560
and data hereinafter required. 561
* * * Except when the voter has requested a runoff ballot on 562
the initial absentee ballot application, upon request for a runoff 563
ballot pursuant to Section 23-15-719, the registrar shall mail 564
together the absentee ballot application and the absentee ballot 565
to the absent voter for the runoff election. 566
SECTION 15. Section 23-15-719, Mississippi Code of 1972, is 567
amended as follows: 568
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23-15-719. (1) Except where the registrar has already 569
mailed a ballot with an application, upon receipt of a properly 570
completed application form by an elector qualified to vote 571
absentee as provided in this article, the registrar shall mail the 572
absent voter an absentee ballot within one (1) business day, or as 573
soon as the absentee ballot is prepared and available, containing 574
the names of all the candidates and propositions, if any, to be 575
voted on in the election. The registrar shall include with the 576
absentee ballot an official envelope that complies with the 577
provisions of Section 23-15-635, as well as information to comply 578
with Section 23-15-641(3) related to the status of the elector's 579
ballot. 580
(2) When an absentee voter appears before the registrar to 581
vote, the registrar shall identify the applicant by requiring him 582
or her to present identification as required by Section 23-15-563, 583
and shall then deliver the ballot to the applicant in the 584
registrar's office. After the applicant has properly marked the 585
ballot and properly folded it, he or she shall deposit it in the 586
envelope furnished to him or her by the registrar. 587
After the absentee voter has sealed the envelope as provided 588
in Section 23-15-635, he or she shall ensure the absentee 589
application on the front of the envelope is complete and shall 590
subscribe and swear to an affidavit. The affidavit shall be in 591
the following form, which shall be printed on the back of the 592
envelope containing the applicant's ballot: 593
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"STATE OF MISSISSIPPI 594
COUNTY OF ___________ 595
I, __________, do solemnly swear that this envelope contains 596
the ballot marked by me indicating my choice of the candidates or 597
propositions to be submitted at the election to be held on the ___ 598
day of __________, 2___, and I hereby authorize the registrar to 599
place this envelope in the ballot box on my behalf, and I further 600
authorize the resolution board to open this envelope and place my 601
ballot among the other ballots cast before such ballots are 602
counted, and record my name on the poll list as if I were present 603
in person and voted. 604
I further swear that I marked the enclosed ballot in secret. 605
_______________________ 606
(Signature of voter) 607
SWORN TO AND SUBSCRIBED before me, __________, this the ___ 608
day of __________, 2___. 609
(Registrar) _______________________ 610
(Registrar)" 611
After the completion of the requirements of this section, the 612
elector shall deliver the envelope containing the ballot to the 613
registrar. 614
(3) If the voter has received assistance in marking his or 615
her ballot, the person providing the assistance shall complete the 616
following form which shall be printed on the back of the envelope 617
containing the applicant's ballot: 618
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"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE 619
(To be completed only if the voter has received assistance in 620
marking the enclosed ballot.) I hereby certify that the 621
above-named voter declared to me that he or she is blind, 622
temporarily or permanently physically disabled, or cannot read or 623
write, and that the voter requested that I assist the voter in 624
marking the enclosed absentee ballot. I hereby certify that the 625
ballot preferences on the enclosed ballot are those communicated 626
by the voter to me, and that I have marked the enclosed ballot in 627
accordance with the voter's instructions. 628
___________________________________________ 629
Signature of person providing assistance 630
___________________________________________ 631
Printed name of person providing assistance 632
___________________________________________ 633
Address of person providing assistance 634
___________________________________________ 635
Date and time assistance provided 636
___________________________________________ 637
Family relationship to voter (if any)" 638
(4) The envelope used pursuant to this section shall not 639
contain the form prescribed by Section 23-15-635 and shall have 640
printed on the flap on the back of the envelope in bold print and 641
in a distinguishing color, the following: "YOUR VOTE WILL BE 642
REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND 643
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ST: In person early voting; allow.
AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS 644
ENVELOPE." 645
A portion of the voter's signature extending outside of the 646
box shall not be grounds for rejecting that voter's ballot. 647
(5) The registrar shall not personally hand deliver ballots 648
to voters, except to those who personally appear in the 649
registrar's office to absentee vote. 650
(6) Ballots requested under Section 23-15-713(f) shall be 651
mailed to the voter's address outside of the county in which he or 652
she is registered. 653
SECTION 16. This act shall take effect and be in force from 654
and after January 1, 2027. 655