Appropriation; Secretary of State.

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To: Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hopson, DeBar, Williams,
DeLano, Seymour, Simmons (13th), Tate

SENATE BILL NO. 3098
(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE 1
OFFICE OF THE SECRETARY OF STATE FOR FISCAL YEAR 2027. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 3
SECTION 1. The following sum, or so much thereof as may be 4
necessary, is hereby appropriated out of any money in the State 5
General Fund not otherwise appropriated, for the support and 6
maintenance of the Secretary of State for the fiscal year 7
beginning July 1, 2026, and ending June 30, 2027.................. 8
............................................... $ 15,571,621.00. 9
SECTION 2. The following sum, or so much thereof as may be 10
necessary, is hereby authorized for expenditure out of any special 11
source funds which are collected by or otherwise become available 12
for the purpose of defraying the expenses of the Secretary of 13
State for the fiscal year beginning July 1, 2026, and ending 14
June 30, 2027.................................. $ 25,059,000.00. 15
SECTION 3. Of the funds appropriated under the provisions of 16
this act, not more than the following amount of funds, with the 17
exception of the provisions in this section, shall be expended 18
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only for "Personal Services," which includes "Vacancy Funding," 19
for the following authorized number of employment headcount: 20
FUNDING: 21
General Funds: $ 7,842,078.00 22
Special Funds: $ 0.00 23
Total Funds: $ 7,842,078.00 24
PERSONAL SERVICES: 25
Employee Salaries, Wages and 26
Fringe Benefits: $ 7,672,256.00 27
Progressions: $ 0.00 28
Vacancy Funding: $ 169,822.00 29
Total Personal Services: $ 7,842,078.00 30
AUTHORIZED HEADCOUNT: 31
Permanent: 96 32
Time-Limited: 11 33
As used in this section, the term "Personal Services" shall 34
mean funds provided under the major object of expenditure category 35
Personal Services for Salaries, Wages, and Fringe Benefits. Funds 36
in this category shall not be transferred to any other category. 37
It is the intention of the Legislature to ensure compliance 38
with the Variable Compensation Plan, as outlined in Section 39
25-9-147, Mississippi Code of 1972. Payment from these funds 40
shall be in accordance with the Variable Compensation Plan 41
promulgated by the Mississippi State Personnel Board. It is the 42
Legislature's intention that no employee's salary falls below the 43
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minimum salary established by the Mississippi State Personnel 44
Board. 45
The State Personnel Board shall determine and publish the 46
projected annual cost of "Personal Services" based on monthly and 47
year-to-date payroll expenditures in compliance with the 48
provisions of this act. 49
With the funds herein appropriated, it shall be the agency's 50
responsibility to ensure that no single personnel action or 51
combination of personnel actions, when annualized, exceeds the 52
Fiscal Year 2027 appropriation for "Personal Services" with the 53
exception of escalated funds. Further, it shall be the agency's 54
responsibility to ensure that funds required to be appropriated 55
for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal 56
Year 2027 funds appropriated for that purpose unless programs or 57
positions are added to the agency's Fiscal Year 2027 budget by the 58
Mississippi Legislature. 59
If, at the time the agency takes any action to change 60
"Personal Services," the State Personnel Board determines that the 61
agency has taken or will take an action that would cause the 62
agency to exceed the funds appropriated in this act when 63
annualized for Fiscal Year 2027 or increase the need for "Personal 64
Services" for Fiscal Year 2028, when annualized, the State 65
Personnel Board shall process no salary actions until such time as 66
the requirements of the provisions of this section are met with 67
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the exception of new hires determined to be essential for the 68
agency. 69
When used in this section, "Vacancy Funding" shall mean funds 70
included in the Total Personal Services amount listed above and 71
designated for approved vacancies in Fiscal Year 2027. These 72
funds are to be utilized to increase the number of filled 73
headcounts that were authorized but unfilled as of the last day of 74
Fiscal Year 2026. If the agency fills additional headcounts after 75
March 1, 2026, until the end of Fiscal Year 2026, the amount of 76
available Vacancy Funding may be proportionally adjusted to 77
reflect the updated number of filled headcounts. The agency shall 78
be responsible for ensuring that "Vacancy Funding" is used to 79
increase headcounts and not for promotions, title changes, 80
in-range salary adjustments, or any other mechanism for increasing 81
salaries for current employees. 82
Any transfers or escalations shall be made in accordance with 83
the terms, conditions, and procedures established by law or 84
allowable under the terms set forth within this act. The State 85
Personnel Board shall not escalate positions or increase the 86
Personal Services total without written approval from the 87
Department of Finance and Administration. The Department of 88
Finance and Administration shall not provide written approval to 89
escalate any funds for salaries and/or headcounts without proof of 90
availability of new or additional funds above the appropriated 91
level. Unless specifically noted, all Fiscal Year 2026 escalated 92
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headcounts have been accounted for and shall be converted to 93
authorized time-limited headcounts. 94
No general funds authorized to be expended herein shall be 95
used to replace federal funds and/or other special funds used for 96
salaries authorized under the provisions of this act and which are 97
withdrawn and no longer available. 98
None of the funds herein appropriated shall be used in 99
violation of the Internal Revenue Service's Publication 15-A 100
relating to the reporting of income paid to contract employees, as 101
interpreted by the Office of the State Auditor. 102
If the agency's total authorized headcount decreases from 103
Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's 104
discretion as to what headcounts are removed. 105
SECTION 4. It is the intention of the Legislature that the 106
Office of the Secretary of State shall maintain complete 107
accounting and personnel records related to the expenditure of all 108
funds appropriated under this act and that such records shall be 109
in the same format and level of detail as maintained for Fiscal 110
Year 2026. It is further the intention of the Legislature that 111
the agency's budget request for Fiscal Year 2028 shall be 112
submitted to the Joint Legislative Budget Committee in a format 113
and level of detail comparable to the format and level of detail 114
provided during the Fiscal Year 2027 budget request process. 115
SECTION 5. None of the funds appropriated by this act shall 116
be expended for any purpose that is not actually required or 117
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necessary for performing any of the powers or duties of the Office 118
of the Secretary of State that are authorized by the Mississippi 119
Constitution of 1890, state or federal law, or rules or 120
regulations that implement state or federal law. 121
SECTION 6. No part of the funds appropriated herein shall be 122
used, either directly or indirectly, for the purpose of paying any 123
clerk, stenographer, assistant, deputy, or other person who may be 124
related by blood or marriage within the third degree, computed by 125
the rules of the civil law, to the official employing or having 126
the right of employment or selection thereof; and in the event of 127
any such payment, then the official or person approving and making 128
or receiving such payment shall be jointly and severally liable to 129
return to the State of Mississippi and to pay into the State 130
Treasury three (3) times any such amount so paid or received, to 131
be recovered at suit of the Attorney General; provided that when 132
the relationship is by affinity and the person through whom the 133
relationship was established is dead, this provision shall not 134
apply. 135
SECTION 7. Of the funds appropriated in Section 1 of this 136
act, the Secretary of State may use funds appropriated for the 137
purposes of defraying litigation expenses associated with the 138
enforcement of the Mississippi Securities Act, the Regulation of 139
Charitable Solicitations Act, and the administration of the Public 140
Trust. 141
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SECTION 8. In compliance with the "Mississippi Performance 142
Budget and Strategic Planning Act of 1994," it is the intent of 143
the Legislature that the funds provided herein shall be utilized 144
in the most efficient and effective manner possible to achieve the 145
intended mission of this agency. Based on the funding authorized, 146
this agency shall make every effort to attain the targeted 147
performance measures provided below: 148
FY2027 149
Performance Measures Target 150
Business Services 151
Percent of Business Services Customer 152
Phone Calls Answered 95.00 153
Elections 154
Number of Poll Workers to Successfully 155
Complete the Online Training Program 650 156
Number of Voter Registrations Updated on 157
Secure Online Website 6,400 158
Percent of Poll Workers who Successfully 159
Complete the Online Poll Manager 160
Training on Their First Attempt 60.00 161
Publications 162
Number of Visits to the Secretary of 163
State's Website 9,000,000 164
Public Lands 165
Number of Tax-Forfeited Properties Sold 1,000 166
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Support Services 167
Support Services as a Percent of Total 168
Agency Expenditures 25.00 169
A reporting of the degree to which the performance targets 170
set above have been or are being achieved shall be provided in the 171
agency's budget request submitted to the Joint Legislative Budget 172
Committee for Fiscal Year 2028. 173
SECTION 9. Of the funds appropriated in Section 1 of this 174
act, funds are provided to pay principal and interest on bond 175
issues for county voting systems, to cover expenses related to 176
cybersecurity and election integrity, and to support the 177
replacement, modification, and maintenance of the Statewide 178
Elections Management System (SEMS). 179
SECTION 10. Of the funds appropriated in Section 2 of this 180
act, funds are provided from the State Treasury to the credit of 181
the Land Records Maintenance Fund, for the purpose of making 182
distributions to local governments for taxes owed and property 183
maintenance during the fiscal year. 184
SECTION 11. Of the funds appropriated in Section 2 of this 185
act, funds are provided from the State Treasury to the credit of 186
the Elections Support Fund, for the purpose of acquiring, 187
upgrading, maintaining, or repairing voting equipment, systems, 188
and supplies, hiring temporary technical support, conducting 189
elections using such voting equipment or systems, and training 190
election officials during the fiscal year. 191
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SECTION 12. Of the funds appropriated in Section 2 of this 192
act, Sixteen Million Three Hundred Nine Thousand Dollars 193
($16,309,000.00), or so much thereof as may be necessary, is 194
appropriated out of any money in the State Treasury to the credit 195
of the Public Trust Tidelands Fund, and is authorized to be 196
transferred by the Secretary of State to the Mississippi 197
Department of Marine Resources. 198
SECTION 13. It is the intention of the Legislature that 199
whenever two (2) or more bids are received by this agency for the 200
purchase of commodities or equipment, and whenever all things 201
stated in such received bids are equal with respect to price, 202
quality and service, the Mississippi Industries for the Blind 203
shall be given preference. A similar preference shall be given to 204
the Mississippi Industries for the Blind whenever purchases are 205
made without competitive bids. 206
SECTION 14. The following sum, or so much thereof as may be 207
necessary, is reappropriated out of any money in the State General 208
Fund not otherwise appropriated for the Secretary of State for the 209
purpose of reauthorizing the expenditure of State General Funds, 210
as authorized in Senate Bill No. 2037, 2025 First Extraordinary 211
Session, to provide funds for systems updates and upgrades, for 212
the fiscal year beginning July 1, 2026, and ending June 30, 2027 213
............................................... $ 2,186,988.00. 214
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ST: Appropriation; Secretary of State.
Notwithstanding the amount reappropriated under the 215
provisions of this section, in no event shall the amount expended 216
exceed the unexpended balance as of June 30, 2025. 217
SECTION 15. The money herein appropriated shall be paid by 218
the State Treasurer out of any money in the State Treasury to the 219
credit of the proper fund or funds as set forth in this act, upon 220
warrants issued by the State Fiscal Officer; and the State Fiscal 221
Officer shall issue his warrants upon requisitions signed by the 222
proper person, officer or officers in the manner provided by law. 223
SECTION 16. This act shall take effect and be in force from 224
and after July 1, 2026. 225