Bill Text: MS HB141 | 2024 | Regular Session | Introduced
Bill Title: Blank space on ballots; remove and provide supplementary ballot if a candidate is removed from race after ballots are printed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB141 Detail]
Download: Mississippi-2024-HB141-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representative Scott
House Bill 141
AN ACT TO AMEND SECTION 23-15-365, MISSISSIPPI CODE OF 1972, TO REMOVE THE BLANK SPACE FOR A WRITE-IN CANDIDATE AND PROVIDE THAT A SUPPLEMENTARY BALLOT SHALL BE PRINTED AND USED IN THE EVENT A CANDIDATE DIES, RESIGNS, WITHDRAWS OR IS REMOVED AFTER THE BALLOTS HAVE BEEN PRINTED BUT BEFORE AN ELECTION; TO AMEND SECTIONS 23-15-333, 23-15-523 AND 23-15-551, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-365, Mississippi Code of 1972, is amended as follows:
23-15-365. (1) * * * In primary, general and special
elections, * * * in the event of the death, resignation, withdrawal or
removal of any candidate whose name was printed on the official ballot, a supplementary
ballot shall be printed for that race and the name of the candidate duly
substituted in the place of such candidate who is qualified to hold the office * * * shall
be printed on the supplementary ballot with the name of the other candidates in
that particular race. The supplementary ballot shall only contain the race
in which a candidate has been substituted for another candidate after the ballots
were printed. Supplementary ballots shall be formatted and printed in the same
manner that regular election day ballots are printed, and shall be provided to voters
in the same way regular ballots are provided to voters. Any voter who votes absentee
before the supplementary ballot has been printed shall be notified that a supplementary
ballot exists and shall be given the option to return to the circuit clerk's office
to vote the supplementary ballot or have the supplementary ballot mailed to him
or her. Only those voters who are qualified to vote absentee by mail shall be mailed
a supplementary ballot.
* * *
(2) The provisions of subsection (1) of this section shall not apply to elections conducted under the Nonpartisan Judicial Election Act.
SECTION 2. Section 23-15-333, Mississippi Code of 1972, is amended as follows:
23-15-333. (1) The county
executive committee shall have printed all necessary ballots, for use in
primary elections. The county executive committee shall have printed all
necessary absentee ballots forty-five (45) days before the election as required
by law. The ballots shall contain the names of all the candidates to be voted
for at the election * * *. In the
event of the death of any candidate whose name shall have been printed on the
ballot, a supplementary ballot shall be printed and the name of the
candidate duly substituted in the place of the deceased candidate * * *
as well as the other candidates in the race shall be printed on the supplementary
ballot. Except as otherwise provided in subsection (2) of this section,
the order in which the titles to the various offices shall be printed, and the
size, print and quality of the paper of the ballot is left to the discretion of
the county executive committee. Provided, however, that in all cases the
arrangement of the names of the candidates for each office shall be
alphabetical. No ballot shall be used except those so printed.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates, electors or delegates for the following national offices:
(i) President of the United States of America;
(ii) United States Senator or United States Representative;
(b) Candidates for the following statewide offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance;
(c) Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney;
(d) Candidates for the following legislative offices: Senator and House of Representatives;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in paragraphs (e) and (f) are left to the discretion of the county executive committee. Candidates' names shall be listed alphabetically under each office by the candidate's last name.
(3) If after the deadline to qualify as a candidate for an office, only one (1) person has duly qualified to be a candidate for the office in the primary election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the primary election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate executive committee shall declare each candidate as the party nominee if the candidate meets all the qualifications to hold the office.
(4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
SECTION 3. Section 23-15-523, Mississippi Code of 1972, is amended as follows:
23-15-523. (1) All proceedings at the counting center shall be under the direction of the election commissioners or officials in charge of the election, and shall be conducted under the observations of the public, but no persons except those authorized for the purpose shall touch any ballot. All persons who are engaged in processing and counting of the ballots shall take the oath provided in Section 268, Mississippi Constitution of 1890.
(2) The election commissioners or the officials in charge of the election shall appoint qualified electors who have received the training required by subsection (11) of this section to serve as members of the "resolution board." An odd number of not less than three (3) members shall be appointed to the resolution board. The members of the board shall take the oath provided in Section 268, Mississippi Constitution of 1890. All ballots that have been rejected by the OMR equipment and that are damaged or defective, blank or overvoted will be reviewed by the board. Election commissioners, candidates who are on the ballot and the spouse, parents, siblings or children of such a candidate shall not be appointed to the resolution board. In general and special elections, members of the party executive committees shall not be appointed to the resolution board unless members of all of the party executive committees who have a candidate on the ballot are appointed to the resolution board.
(3) (a) If any ballot is damaged or defective so that it cannot be properly counted by the OMR equipment, the ballot will be deposited in an envelope provided for that purpose marked "RESOLUTION BOARD." All such ballots shall be carefully handled so as to avoid altering, removing or adding any mark on the ballot.
(b) The election commissioners or the officials in charge of the election shall have the members of the resolution board ascertain the intent of the voter, if possible, and, if so, manually count any damaged or defective ballots.
(c) The resolution board shall prepare a duplicate to the damaged or defective ballot in the following manner:
(i) The resolution board shall prepare a duplicate to the original damaged or defective ballot marked identically to the original.
(ii) The resolution board shall mark the first original they examine as "Original #1" and the duplicate of this original as "Duplicate #1." Later originals and duplicates shall be likewise marked and numbered consecutively so the duplicate of each original can be identified. Duplicate ballots shall be stamped in a different manner from the original ballots so that they may be easily distinguished from the originals.
(iii) The duplicate ballots prepared pursuant to this paragraph shall be counted by the OMR equipment.
(4) The resolution board shall examine ballots that have been rejected by the OMR equipment for appearing to be "blank" to verify if they are blank or were marked with a "nondetectable" marking device. If it is determined that the ballot was marked with a nondetectable device, the resolution board shall prepare a duplicate to the original blank ballot in the same manner and in accordance with the same process provided in subsection (3)(c).
(5) All ballots that are rejected by the OMR equipment and that contain overvotes shall be inspected by the resolution board. Regarding those rejected ballots upon which an overvote appears, if the voter intent cannot be determined by the resolution board, the officials in charge of the election may use the OMR equipment in determining the vote in the races that are unaffected by the overvote. All other ballots that are overvoted shall be counted manually following the provisions of this section at the direction of the officials in charge of the election. The return printed by the OMR equipment to which have been added the manually tallied ballots, which shall be duly certified by the officials in charge of the election, shall constitute the official return of each voting precinct. Unofficial and incomplete returns may be released during the count. Upon the completion of the counting, the official returns shall be open to the public.
(6) When the resolution board reviews any OMR ballot in which the voter has failed to fill in the arrow, oval, circle or square for a candidate or a ballot measure, the resolution board shall, if the intent of the voter can be ascertained, count the vote if:
(a) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect within or on the line of the arrow, oval, circle or square by the ballot measure or the name of the candidate.
(b) The voter blackens the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate in pencil or ink and the blackened portion extends beyond the boundaries of the arrow, oval, circle or square.
(c) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect adjacent to the ballot measure or the name of the candidate.
(d) The voter underlines the ballot measure or the name of a candidate.
(e) The voter draws a line from the arrow, oval, circle or square to a ballot measure or the name of a candidate.
(f) The voter draws a circle or oval around the ballot measure or the name of the candidate.
(g) The voter draws a circle or oval around the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate.
(7) The resolution board, when inspecting an OMR ballot that contains or appears to contain one or more overvotes, appears to be damaged or defective, or is rejected by the OMR equipment for any reason or cannot be counted by the OMR equipment, shall make its determination in accordance with the following:
(a) When an elector casts more votes for any office or measure than he or she is entitled to cast at an election, all the elector's votes for that office or measure are invalid and the elector is deemed to have voted for none of them. If an elector casts less votes for any office or measure than he or she is entitled to cast at an election, all votes cast by the elector shall be counted but no vote shall be counted more than once.
(b) If an elector casts more than one (1) vote for the same candidate for the same office, the first vote is valid and the remaining votes for that candidate are invalid.
* * *
( * * *c) For any ballot measure in which the
words "for" or "against" are printed on a ballot, if the
voter shall write the word "for" or the word "against" instead
of or in addition to marking the ballot in accordance with the ballot
instruction in the space adjacent to the preprinted words "for" or
"against," the resolution board shall, in reviewing such ballot,
count the vote in accordance with the voter's handwritten preference, unless
the voter marks the ballot in the space adjacent to the preprinted words
"for" or "against" contrary to the handwritten preference,
in which case no vote shall be recorded for such ballot in regard to the ballot
measure.
( * * *d) For any ballot measure in which the
words "yes" or "no" are printed on a ballot, if the voter
shall write the word "yes" or the word "no" instead of or
in addition to marking the ballot in accordance with the ballot instructions in
the space adjacent to the preprinted words "yes" or "no,"
the resolution board shall, in reviewing such ballot, count the vote in
accordance with the voter's handwritten preference, unless the voter marks the
ballot in the space adjacent to the preprinted words "yes" or
"no" contrary to the handwritten preference, in which case no vote
shall be recorded for such ballot in regard to the ballot measure.
(8) OMR equipment shall be programmed, calibrated, adjusted and set up to reject ballots that appear to be damaged or defective. Any switch, lever or feature on OMR equipment that enables or permits the OMR equipment to override the rejection of damaged or defective ballots so that such ballots will not be reviewed by the resolution board, shall not be used.
(9) Ballots shall be manually counted by the resolution board only when the ballots are:
(a) Properly before the resolution board due to being rejected by the OMR equipment because the ballots appear to be damaged or defective or are rejected by the OMR equipment for any other reason; or
(b) Properly before the resolution board due to a malfunction in the OMR equipment.
(10) The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
(11) The executive committee of each county or municipality, in the case of a primary election, or the election commissioners of each county or municipality, in the case of all other elections, in conjunction with the circuit or municipal clerk respectively, shall sponsor and conduct, a training session for up to two (2) hours, not less than five (5) days before each election, to instruct those qualified electors who are appointed to serve as members of the resolution board as to their specific duties in the election. No member appointed to serve on the resolution board shall serve in any election unless he or she has received such instruction once during the twelve (12) months immediately preceding the date upon which the election is held. Online training courses developed by the Secretary of State, though not sponsored or conducted by the executive committee or the election commissioners, may be used to meet the requirements of this subsection (11).
SECTION 4. Section 23-15-551, Mississippi Code of 1972, is amended as follows:
23-15-551. On receiving his
or her ballot, the voter shall go without undue delay into one (1) of the
voting compartments and shall there prepare his or her ballot by marking with
ink or indelible pencil on the appropriate margin or place a cross (X) opposite
the name of the candidate of his or her choice for each office * * *, and
likewise a cross (X) opposite the answer he or she desires to give in case of
an election on a constitutional amendment, local option election, referenda or
any other question or matter. As an alternative method, a voter may, at his or
her option, prepare a ballot by marking with ink or indelible pencil in the
appropriate margin or place a check, in the form of and similar to a
"V", opposite the name of the candidate of his or her choice for each
office or by writing in the name of a candidate in the blank space provided
and marking a check in the form of and similar to a "V", opposite
thereto, and likewise a check, in the form of and similar to a "V",
opposite the answer he or she desires to give in case of an election on a
constitutional amendment, local option election, referenda or other question or
matter, either of which methods of marking, whether by a cross (X) or by a
check in the form of and similar to a "V", is authorized. Before leaving
the voting compartment, the voter shall fold his or her ballot without
displaying its markings, but so that the words "OFFICIAL BALLOT,"
followed by the designation of the voting precinct and the date of the
election, shall be visible to the poll managers, then deposit his or her ballot
directly into the ballot box. This shall be done without undue delay, and as
soon as the voter has voted he or she shall promptly exit the polling place. A
voter shall not be allowed to occupy a voting compartment already occupied by
another voter, nor any compartment longer than ten (10) minutes, if other
voters are not waiting, nor longer than five (5) minutes if other voters are
waiting. A person shall not be allowed in the room in which the ballot boxes,
compartments, tables and shelves are, except the officers of the election, and
those appointed by them to assist therein, and those authorized by Section 23-15-577.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.
