Party primaries; close to only registered voters affiliated with a political party.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Tate

SENATE BILL NO. 2591

AN ACT TO PROVIDE THAT ONLY REGISTERED VOTERS AFFILIATED WITH 1
A POLITICAL PARTY MAY VOTE IN THE PARTY'S PRIMARY ELECTION; TO 2
PROVIDE THAT REGISTERED VOTERS NOT AFFILIATED WITH A POLITICAL 3
PARTY MAY VOTE IN ANY NONPARTISAN ELECTION HELD IN CONJUNCTION 4
WITH A PARTY PRIMARY ELECTION; TO REQUIRE THE STATE EXECUTIVE 5
COMMITTEE OF A POLITICAL PARTY TO DESIGNATE ANNUALLY ANY 6
QUALIFICATIONS FOR ELECTORS TO BE ELIGIBLE TO VOTE IN THE PARTY'S 7
PRIMARY ELECTION; TO AUTHORIZE THE SECRETARY OF STATE TO PRESCRIBE 8
BY RULE A UNIFORM STATEWIDE VOTER REGISTRATION APPLICATION THAT 9
SHALL BE USED TO DESIGNATE AN ELECTOR'S PARTY AFFILIATION; TO 10
AMEND SECTIONS 23-15-575 AND 23-15-753, MISSISSIPPI CODE OF 1972, 11
TO PROVIDE THAT ANY PERSON WHO VOTES IN A POLITICAL PARTY PRIMARY 12
OTHER THAN THAT IN WHICH THE PERSON IS REGISTERED SHALL BE GUILTY 13
OF VOTE FRAUD; TO AMEND SECTIONS 23-15-33, 23-15-35, 23-15-37, 14
23-15-39, 23-15-41 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO 15
AUTHORIZE CIRCUIT AND MUNICIPAL CLERKS TO ENTER INTO THE STATEWIDE 16
ELECTIONS MANAGEMENT SYSTEM AN ELECTOR'S PARTY AFFILIATION AS 17
DESIGNATED ON THE ELECTOR'S UNIFORM STATEWIDE VOTER REGISTRATION 18
APPLICATION; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. (1) Electors who are registered to vote may 21
select a party affiliation in any of the following ways: 22
(a) Fill out a uniform statewide voter registration 23
application; 24
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(b) Declare membership in the next statewide or federal 25
election, that the qualified elector votes in, by casting a ballot 26
in a primary of one (1) political party. 27
(2) The registrar shall record an elector's party 28
affiliation in the Statewide Elections Management System. 29
Electors who do abstain from voting in a primary election, or who 30
have not selected a party affiliation on the uniform statewide 31
voter registration application, shall be designated as 32
"unaffiliated" in the system. 33
(a) All registered voters not affiliated with a 34
political party may vote in any nonpartisan election held in 35
conjunction with a party primary election. 36
(b) All registered voters affiliated with a political 37
party may vote in the party primary election designated in the 38
voter's registration. 39
(3) From and after July 1, 2027, any qualified elector may 40
update or change the voter's party affiliation by mailing or 41
delivering a completed uniform voter registration application to 42
his or her county registrar at least thirty (30) days prior to any 43
election except as provided in this subsection. The date of party 44
registration shall be either the date of the elector's personal 45
delivery to the county registrar or the postmark date of a mailed 46
application unless: 47
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(a) The election is for the purpose of nominating a 48
political party nominee, in which case the update or change shall 49
be effective for the purpose of subsequent elections. 50
(b) For the purpose of this subsection, any first 51
primary followed by a second or subsequent run-off primary 52
election constitutes one (1) election. 53
SECTION 2. On or before January 1, 2027, and each year 54
thereafter, the state executive committee of each political party 55
shall notify the Secretary of State of any qualifications, not 56
inconsistent with the laws of this state, for electors to be 57
eligible to vote in the party's primary election. 58
SECTION 3. (1) The Secretary of State shall prescribe by 59
rule a uniform statewide voter registration application for use in 60
this state. 61
(2) The uniform statewide voter registration application 62
must be accepted for any one or more of the following purposes: 63
(a) Initial registration; 64
(b) Change of address; 65
(c) Change of party affiliation; 66
(d) Change of name; 67
(e) Replacement of a voter information card; or 68
(f) Signature update. 69
SECTION 4. Section 23-15-575, Mississippi Code of 1972, is 70
amended as follows: 71
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23-15-575. No person shall be eligible to participate in any 72
party primary unless he or she is a registered member of that 73
party. No person shall vote or attempt to vote in the primary 74
election of one (1) party when he or she has voted on the same 75
date in the primary election of another party. No person shall 76
vote or attempt to vote in the second primary election of one (1) 77
party when he or she has voted in the first primary election of 78
another party. Any person who votes in a primary for a candidate 79
running for nomination for a party other than that in which the 80
person is registered shall be subject to the penalties for vote 81
fraud provided for in Section 23-15-753. 82
SECTION 5. Section 23-15-33, Mississippi Code of 1972, is 83
amended as follows: 84
23-15-33. (1) Every person entitled to be registered as an 85
elector in compliance with the laws of this state and who has 86
signed his or her name on and properly completed the uniform 87
statewide application for registration to vote shall be registered 88
by the county registrar in the voting precinct of the residence of 89
such person through the Statewide Elections Management System. 90
(2) Every person entitled to be registered as an elector in 91
compliance with the laws of this state and who registers to vote 92
pursuant to the National Voter Registration Act of 1993 shall be 93
registered by the county registrar in the voting precinct of the 94
residence of such person through the Statewide Elections 95
Management System. 96
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SECTION 6. Section 23-15-35, Mississippi Code of 1972, is 97
amended as follows: 98
23-15-35. (1) The clerk of the municipality shall be the 99
registrar of voters of the municipality, and shall take the oath 100
of office prescribed by Section 268 of the Constitution. The 101
municipal registration shall conform to the county registration 102
which shall be a part of the official record of registered voters 103
as contained in the Statewide Elections Management System. The 104
municipal clerk shall comply with all the provisions of law 105
regarding the registration of voters, including the use of the 106
uniform statewide voter registration applications used by county 107
registrars and prescribed by the Secretary of State under Sections 108
23-15-39 and 23-15-47. 109
(2) The municipal clerk shall be authorized to register 110
applicants as county electors and to complete any changes to the 111
elector's registration. The municipal clerk shall forward notice 112
of registration, a copy of the application for registration, and 113
any changes to the registration when they occur, either by 114
certified mail to the county registrar or by personal delivery to 115
the county registrar provided that a numbered receipt is signed by 116
the county registrar in return for the described documents. Upon 117
receipt of the copy of the application for registration or changes 118
to the registration, and if a review of the application indicates 119
that the applicant meets all the criteria necessary to qualify as 120
a county elector, then the county registrar shall make a 121
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determination of the county voting precinct in which the person 122
making the application shall be required to vote. The county 123
registrar shall send this county voting precinct information by 124
United States first-class mail, postage prepaid, to the person at 125
the address provided on the application. Any mailing costs 126
incurred by the municipal clerk or the county registrar in 127
effectuating this subsection (2) shall be paid by the county board 128
of supervisors. If a review of the copy of the application for 129
registration or changes to the registration indicates that the 130
applicant is not qualified to vote in the county, the county 131
registrar shall challenge the application. The county election 132
commissioners shall review any challenge or disqualification, 133
after having notified the applicant by certified mail of the 134
challenge or disqualification. 135
(3) The municipal clerk shall issue to the person making the 136
application a copy of the application and the county registrar 137
shall process the application in accordance with the law regarding 138
the handling of voter registration applications. 139
(4) The receipt of a copy of the application for 140
registration sent pursuant to Section 23-15-39(3) shall be 141
sufficient to allow the applicant to be registered as an elector 142
in the municipality, provided that such application is not 143
challenged as provided for therein. 144
(5) The municipal clerk of each municipality shall provide 145
the county registrar in which the municipality is located the 146
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information necessary to conform the municipal registration to the 147
county registration which shall be a part of the official record 148
of registered voters as contained in the Statewide Elections 149
Management System. If any changes to the information occur as a 150
result of redistricting, annexation or other reason, it shall be 151
the responsibility of the municipal clerk to timely provide the 152
changes to the county registrar. The location of a polling place 153
shall not be altered within sixty (60) days of any primary, 154
general, runoff or special election unless exigent circumstances 155
exist. If the governing authorities find that exigent 156
circumstances exist where a polling place needs to be altered 157
within sixty (60) days of an election, then their reasons for 158
making that decision shall be spread upon the minutes at their 159
next scheduled meeting. When the location of a polling place is 160
altered within sixty (60) days of an election, public notice of 161
the change shall be posted at city hall, the courthouse, the 162
registrar's office, the previous polling place location if it is a 163
public building, and for three (3) consecutive weeks, or each week 164
before the election if the alteration happens within three (3) 165
weeks of the election, in a newspaper that is circulated in the 166
area. 167
SECTION 7. Section 23-15-37, Mississippi Code of 1972, is 168
amended as follows: 169
23-15-37. (1) The registrar shall register the electors of 170
his or her county at any time during regular office hours. 171
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(2) The county registrar may keep his or her office open to 172
register voters by accepting uniform statewide voter registration 173
applications from 8:00 a.m. until 7:00 p.m., including the noon 174
hour, for the five (5) business days immediately preceding the 175
thirtieth day before any regularly scheduled primary or general 176
election. The county registrar shall also keep his or her office 177
open from 8:00 a.m. until 12:00 noon on the Saturday immediately 178
preceding the thirtieth day before any regularly scheduled primary 179
or general election, unless that Saturday falls on a legal 180
holiday, in which case registration applications submitted on the 181
Monday immediately following the legal holiday shall be accepted 182
and entered in the Statewide Elections Management System for the 183
purpose of enabling such voters to vote in the next primary or 184
general election. 185
(3) The registrar, or any deputy registrar duly appointed by 186
law, may visit and spend such time as he or she may deem necessary 187
at any location in his or her county, selected by the registrar 188
not less than thirty (30) days before an election, for the purpose 189
of registering voters by accepting uniform statewide voter 190
registration applications. 191
(4) A person who is physically disabled and unable to visit 192
the office of the registrar to register to vote due to such 193
disability may contact the registrar and request that the 194
registrar or the registrar's deputy visit him or her for the 195
purpose of registering such person to vote. The registrar or the 196
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registrar's deputy shall visit that person as soon as possible 197
after such request and provide the person with an application for 198
registration, if necessary. The completed application for 199
registration shall be executed in the presence of the registrar or 200
the registrar's deputy. 201
(5) (a) In the fall and spring of each year the registrar 202
of each county shall furnish all public schools with mail-in 203
uniform statewide voter registration applications. The 204
applications shall be provided in a reasonable time to enable 205
those students who will be eighteen (18) years of age before a 206
general election to be able to vote in the primary and general 207
elections. 208
(b) Each public school district shall permit access to 209
all public schools of this state for the county registrar or the 210
county registrar's deputy to register persons who are eligible to 211
vote and to provide voter education. 212
SECTION 8. Section 23-15-39, Mississippi Code of 1972, is 213
amended as follows: 214
23-15-39. (1) Applications for registration as electors of 215
this state, which are sworn to and subscribed before the registrar 216
or deputy registrar authorized by law and which are not made by 217
mail, shall be made upon a uniform statewide voter registration 218
form established by rule duly adopted by the Secretary of State. 219
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(2) The boards of supervisors shall make proper allowances 220
for office supplies reasonably necessitated by the registration of 221
county electors. 222
(3) If the applicant indicates on the application that he or 223
she resides within the city limits of a city or town in the county 224
of registration, the county registrar shall process the 225
application for registration or changes to the registration as 226
provided by law. 227
(4) If the applicant indicates on the application that he or 228
she has previously registered to vote in another county of this 229
state or another state, notice to the voter's previous county of 230
registration in this state shall be provided by the Statewide 231
Elections Management System. If the voter's previous place of 232
registration was in another state, notice shall be provided to the 233
voter's previous state of residence if the Statewide Elections 234
Management System has that capability. 235
(5) The county registrar shall provide to the person making 236
the application a copy of the application upon which has been 237
written the county voting precinct and municipal voting precinct, 238
if any, in which the person shall vote. Upon entry of the voter 239
registration information into the Statewide Elections Management 240
System, the system shall assign a voter registration number to the 241
person, and the county registrar shall mail the applicant a voter 242
registration card to the mailing address provided on the 243
application. 244
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(6) Any person desiring * * * a uniform statewide voter 245
application for registration may secure an application from the 246
registrar of the county of which he or she is a resident and may 247
take the application with him or her and secure assistance in 248
completing the application from any person of the applicant's 249
choice. It shall be the duty of all registrars to furnish 250
applications for registration to all persons requesting them, and 251
it shall likewise be the registrar's duty to furnish aid and 252
assistance in the completing of the application when requested by 253
an applicant. The application for registration shall be sworn to 254
and subscribed before the registrar or deputy registrar at the 255
municipal clerk's office, the county registrar's office or any 256
other location where the applicant is allowed to register to vote. 257
The registrar shall not charge a fee or cost to the applicant for 258
accepting the application or administering the oath or for any 259
other duty imposed by law regarding the registration of electors. 260
(7) If the person making the application is unable to read 261
or write, for reason of disability or otherwise, he or she shall 262
not be required to personally complete the application in writing 263
and execute the oath. In such cases, the registrar or deputy 264
registrar shall read the application and oath to the person and 265
the person's answers thereto shall be recorded by the registrar or 266
the registrar's deputy. The person shall be registered as an 267
elector if he or she otherwise meets the requirements to be 268
registered as an elector. The registrar shall record the 269
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responses of the person and the recorded responses shall be 270
retained permanently by the registrar. The county registrar shall 271
enter the voter registration information into the Statewide 272
Elections Management System and designate the entry as an assisted 273
filing. 274
(8) The receipt of a copy of the application for 275
registration sent pursuant to Section 23-15-35(2) shall be 276
sufficient to allow the applicant to be registered as an elector 277
of this state, if the application is not challenged. 278
(9) In any case in which the corporate boundaries of a 279
municipality change, whether by annexation or redistricting, the 280
municipal clerk shall, within ten (10) days after approval of the 281
change in corporate boundaries, provide to the county registrar 282
conforming geographic data that is compatible with the Statewide 283
Elections Management System. The data shall be developed by the 284
municipality's use of a standardized format specified by the 285
Statewide Elections Management System. The county registrar, 286
county election commissioner or other county official, who has 287
completed an annual training seminar sponsored by the Secretary of 288
State pertaining to the implementation of new boundary lines in 289
the Statewide Elections Management System and received 290
certification for that training, shall update the municipal 291
boundary information into the Statewide Elections Management 292
System. The Statewide Elections Management System updates the 293
municipal voter registration records and assigns electors to their 294
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municipal voting precincts. The county registrar shall forward to 295
the municipal clerk written notification of the additions and 296
changes, and the municipal clerk shall forward to the affected 297
municipal electors written notification of the additions and 298
changes. 299
SECTION 9. Section 23-15-41, Mississippi Code of 1972, is 300
amended as follows: 301
23-15-41. (1) When an applicant to register to vote has 302
completed the application form as prescribed by administrative 303
rule, the county registrar shall enter the applicant's information 304
into the Statewide Elections Management System where the 305
applicant's status will be marked as "ACTIVE," "PENDING" or 306
"REJECTED," and the applicant shall be entitled to register upon 307
his or her request for registration made in person to the 308
registrar, or deputy registrar if a deputy registrar has been 309
appointed. No person other than the registrar, or a deputy 310
registrar, shall register any applicant. An applicant who fails 311
to designate a party affiliation must be registered without party 312
affiliation. The registrar must notify the voter by mail that the 313
voter has been registered without party affiliation, and the voter 314
may change party affiliation as provided in Section 1 of this act. 315
(2) If an applicant is not qualified to register to vote, 316
then the registrar shall enter the applicant's information into 317
the Statewide Elections Management System and mark the applicant's 318
status as "PENDING" or "REJECTED," with the specific reason or 319
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reasons for that status noted. The registrar shall notify the 320
election commission of those applicants rejected. 321
SECTION 10. Section 23-15-47, Mississippi Code of 1972, is 322
amended as follows: 323
23-15-47. (1) Any person who is qualified to register to 324
vote in the State of Mississippi may register to vote by mail-in 325
application in the manner prescribed in this section. 326
(2) The following procedure shall be used in the 327
registration of electors or the update of their registration 328
information by mail: 329
(a) Any qualified elector may register to vote or 330
update his or her voter information by mailing or delivering a 331
completed uniform voter registration mail-in application to his or 332
her county registrar at least thirty (30) days before any 333
election; however, if the thirtieth day to register before an 334
election falls on a Sunday or legal holiday, the registration 335
applications submitted on the business day immediately following 336
the Sunday or legal holiday shall be accepted and entered into the 337
Statewide Elections Management System for the purpose of enabling 338
voters to vote in the next election. The postmark date of a 339
mailed application shall be the applicant's date of registration. 340
(b) Upon receipt of a mail-in application, the county 341
registrar shall stamp the application with the date of receipt, 342
and shall verify the application either by matching the 343
applicant's Mississippi driver's license number through the 344
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Mississippi Department of Public Safety or by matching the 345
applicant's social security number through the American 346
Association of Motor Vehicle Administrators. Within fourteen (14) 347
days of receipt of a mail-in registration application, the county 348
registrar shall complete action on the application, including any 349
attempts to notify the applicant of the status of his or her 350
application. 351
(c) If the county registrar determines that the 352
applicant is qualified and his or her application is legible and 353
complete, the county registrar shall mail the applicant written 354
notification that the application has been approved or that his or 355
her information has been updated, specifying the county voting 356
precinct, municipal voting precinct, if any, polling place and 357
supervisor district in which the person shall vote. This written 358
notification of approval containing the specified information 359
shall be the voter's registration card. The registration card 360
shall be provided by the county registrar to the applicant in 361
accordance with Section 23-15-39. Upon entry of the voter 362
registration information into the Statewide Elections Management 363
System, the system shall assign a voter registration number to the 364
applicant. The assigned voter registration number shall be 365
clearly shown on the written notification of approval. In mailing 366
the written notification, the county registrar shall note the 367
following on the envelope: "DO NOT FORWARD". If any registration 368
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notification form is returned as undeliverable, the voter's 369
registration shall be void. 370
(d) A mail-in application shall be rejected for any of 371
the following reasons: 372
(i) An incomplete portion of the application makes 373
it impossible for the registrar to determine the eligibility of 374
the applicant to register; 375
(ii) A portion of the application is illegible in 376
the opinion of the county registrar and makes it impossible to 377
determine the eligibility of the applicant to register; 378
(iii) The county registrar is unable to determine, 379
from the address and information stated on the application, the 380
precinct in which the voter should be assigned or the supervisor 381
district in which he or she is entitled to vote; 382
(iv) The applicant is not qualified to register to 383
vote pursuant to Section 23-15-11; 384
(v) The county registrar determines that the 385
applicant is already registered as a qualified elector of the 386
county; 387
(vi) The county registrar is unable to verify the 388
application pursuant to subsection (2)(b) of this section. 389
(e) If the mail-in application of a person is subject 390
to rejection for any of the reasons set forth in paragraph (d)(i) 391
through (iii) of this subsection, and it appears to the county 392
registrar that the defect or omission is of such a minor nature 393
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and that any necessary additional information may be supplied by 394
the applicant over the telephone or by further correspondence, the 395
county registrar may write or call the applicant at the telephone 396
number or address, or both, provided on the application. If the 397
county registrar is able to contact the applicant by mail or 398
telephone, the county registrar shall attempt to ascertain the 399
necessary information, and if this information is sufficient for 400
the registrar to complete the application, the applicant shall be 401
registered. If the necessary information cannot be obtained by 402
mail or telephone, or is not sufficient to complete the 403
application within fourteen (14) days of receipt, the county 404
registrar shall give the applicant written notice of the rejection 405
and provide the reason for the rejection. The county registrar 406
shall further inform the applicant that he or she has a right to 407
attempt to register by appearing in person or by filing another 408
mail-in application. 409
(f) If a mail-in application is subject to rejection 410
for the reason stated in paragraph (d)(v) of this subsection and 411
the "present home address" portion of the application is different 412
from the residence address for the applicant found in the 413
Statewide Elections Management System, the mail-in application 414
shall be deemed a written request to update the voter's 415
registration pursuant to Section 23-15-13. The county registrar 416
or the election commissioners shall update the voter's residence 417
address in the Statewide Elections Management System and, if 418
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necessary, advise the voter of a change in the location of his or 419
her county or municipal polling place by mailing the voter a new 420
voter registration card. 421
(3) The instructions and the uniform voter registration 422
application form for voter registration by mail shall be in a form 423
established by rule duly adopted by the Secretary of State. 424
(4) (a) The Secretary of State shall prepare and furnish 425
without charge the necessary forms for application for voter 426
registration by mail to each county registrar, municipal clerk, 427
all public schools, each private school that requests such 428
applications, and all public libraries. 429
(b) The Secretary of State shall distribute without 430
charge sufficient forms for application for voter registration by 431
mail to the Commissioner of Public Safety, who shall distribute 432
the forms to each driver's license examining and renewal station 433
in the state, and shall ensure that the forms are regularly 434
available to the public at such stations. 435
(c) Bulk quantities of forms for application for voter 436
registration by mail shall be furnished by the Secretary of State 437
to any person or organization. The Secretary of State shall 438
charge a person or organization the actual cost he or she incurs 439
in providing bulk quantities of forms for application for voter 440
registration to such person or organization. 441
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(5) The originals of completed mail-in applications shall 442
remain on file in the office of the county registrar with copies 443
retained in the Statewide Elections Management System. 444
(6) If the applicant indicates on the application that he or 445
she resides within the city limits of a city or town in the county 446
of registration, the county registrar shall enter the information 447
into the Statewide Elections Management System. 448
(7) If the applicant indicates on the application that he or 449
she has previously registered to vote in another county of this 450
state or another state, notice to the voter's previous county of 451
registration in this state shall be provided through the Statewide 452
Elections Management System. If the voter's previous place of 453
registration was in another state, notice shall be provided to the 454
voter's previous state of residence. 455
(8) Any person who attempts to register to vote by mail 456
shall be subject to the penalties for false registration provided 457
for in Section 23-15-17. 458
SECTION 11. Section 23-15-753, Mississippi Code of 1972, is 459
amended as follows: 460
23-15-753. (1) Any person who willfully, unlawfully and 461
feloniously procures, seeks to procure, or seeks to influence the 462
vote of any person voting by absentee ballot, by the payment of 463
money, the promise of payment of money, or by the delivery of any 464
other item of value or promise to give the voter any item of 465
value, or by promising or giving the voter any favor or reward in 466
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an effort to influence his or her vote, or any person who aids, 467
abets, assists, encourages, helps, or causes any person voting an 468
absentee ballot to violate any provision of law pertaining to 469
absentee voting, or any person who sells his or her vote for 470
money, favor, or reward, has been paid or promised money, a 471
reward, a favor or favors, or any other item of value, or any 472
person who fraudulently requests or submits an absentee ballot 473
application for any voter, or any person who shall willfully swear 474
falsely to any affidavit provided for in Sections 23-15-621 475
through 23-15-735, or any person who shall vote in a party primary 476
for any candidate running for nomination for a party other than 477
that in which the person is registered, shall be guilty of the 478
crime of "vote fraud" and, upon conviction, shall be sentenced to 479
pay a fine of not less than Five Hundred Dollars ($500.00) nor 480
more than Five Thousand Dollars ($5,000.00), or by imprisonment in 481
the county jail for no more than one (1) year, or by both fine and 482
imprisonment, or by being sentenced to the State Penitentiary for 483
not less than one (1) year nor more than five (5) years. 484
(2) It shall be unlawful for any person who pays or 485
compensates another person for assisting voters in marking their 486
absentee ballots to base the pay or compensation on the number of 487
absentee voters assisted or the number of absentee ballots cast by 488
persons who have received the assistance. Any person who violates 489
this section, upon conviction, shall be fined not less than One 490
Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars 491
S. B. No. 2591 *SS08/R1060* ~ OFFICIAL ~
26/SS08/R1060
PAGE 21 (ab\kr)
ST: Party primaries; close to only registered
voters affiliated with a political party.
($5,000.00), or imprisoned in the Penitentiary not less than one 492
(1) year nor more than five (5) years, or both. 493
SECTION 12. This act shall take effect and be in force from 494
and after its passage. 495