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SB2585 • 2026

In-person early voting; allow.

AN ACT TO CREATE THE "IN-PERSON EARLY VOTING ACT"; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE IN-PERSON EARLY VOTING PERIOD SHALL BEGIN 15 DAYS BEFORE THE ELECTION AND CONTINUE UNTIL 12:00 P.M. ON THE SATURDAY IMMEDIATELY PRECEDING THE ELECTION; TO PROVIDE THAT IN-PERSON EARLY VOTING SHALL BE FOR EACH PRIMARY, GENERAL, RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO PROVIDE THE HOURS FOR IN-PERSON EARLY VOTING IN THE REGISTRAR'S OFFICE DURING REGULAR BUSINESS HOURS; TO PROVIDE EXTENDED HOURS TO VOTE DURING THE LAST FULL WEEK PRECEDING AN ELECTION; TO PROVIDE THAT NOTICE OF IN-PERSON EARLY VOTING SHALL BE PROVIDED IN THREE PUBLIC PLACES EIGHT DAYS BEFORE THE VOTING BEGINS; TO PROVIDE THE PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE IN-PERSON EARLY VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE QUALIFICATIONS OF A VOTER DURING THE IN-PERSON EARLY VOTING PERIOD; TO PROHIBIT VOTING VIA BALLOT HARVESTING, BALLOT DROP BOXES OR WITH MAIL-IN OR ABSENTEE BALLOTS FOR REASONS OR INSTANCES OTHER THAN WHAT IS ALLOWED BY THE MISSISSIPPI ELECTION CODE; TO AMEND SECTIONS 23-15-625, 23-15-627, 23-15-631, 23-15-637, 23-15-713, 23-15-715 AND 23-15-719, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

Elections
Did Not Pass

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

Sponsor
Hickman
Last action
2026-02-03
Official status
Dead
Effective date
January 1,

Plain English Breakdown

The bill's prohibition on ballot harvesting and drop boxes may need further definition from the source material to clarify its scope.

In-Person Early Voting Act

This act establishes in-person early voting periods before primary, general, runoff, special and municipal elections for public office.

What This Bill Does

  • Creates a period of in-person early voting that starts 15 days before an election and ends at noon on the Saturday immediately preceding the election day.
  • Sets regular business hours for early voting but allows extended hours during the last full week before an election to accommodate lunchtime and evening voters.
  • Requires officials to post notices about in-person early voting times in three public places eight days before the start of early voting.
  • Establishes procedures for casting ballots, including presenting photo ID and signing a receipt book.

Who It Names or Affects

  • Voters who wish to cast their ballots early in person before election day.

Terms To Know

Ballot harvesting
Collecting and transmitting another person's ballot outside of the exceptions provided by law.
Polling place
A location where voters cast their ballots during early voting or on election day.

Limits and Unknowns

  • The bill did not pass and therefore has no legal effect.
  • It does not specify what happens if a voter cannot provide photo identification when voting early in person.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Elections

Official Summary Text

In-person early voting; allow.

Current Bill Text

Read the full stored bill text
S. B. No. 2585 *SS26/R1234* ~ OFFICIAL ~ G1/2
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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2585

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