Statewide Primary Elections; provide for closed primaries beginning in 2027.

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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Chism

SENATE BILL NO. 2592

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