Bill Text: MS HB70 | 2023 | Regular Session | Introduced
Bill Title: Voter registration application; require to be processed within ten days of deadline and give applicant opportunity to cure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [HB70 Detail]
Download: Mississippi-2023-HB70-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Apportionment and Elections
By: Representative Summers
House Bill 70
AN ACT TO AMEND SECTION 23-15-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OFFICE OF THE REGISTRAR SHALL PROCESS ALL APPLICATIONS FOR REGISTRATION NOT LATER THAN TEN DAYS AFTER THE REGISTRATION DEADLINE AND SHALL NOTIFY THE APPLICANT THAT HIS OR HER APPLICATION IS PENDING; TO PROVIDE THAT IF AN APPLICATION FOR REGISTRATION HAS AN INCOMPLETE PORTION OF THE APPLICATION THAT MAKES IT IMPOSSIBLE FOR THE REGISTRAR TO DETERMINE THE ELIGIBILITY OF THE APPLICANT TO REGISTER, HAS A PORTION OF THE APPLICATION THAT MAKES IT ILLEGIBLE IN THE OPINION OF THE COUNTY REGISTRAR AND MAKES IT IMPOSSIBLE TO DETERMINE THE ELIGIBILITY OF THE APPLICANT TO REGISTER, THE COUNTY REGISTRAR IS UNABLE TO DETERMINE, FROM THE ADDRESS AND INFORMATION STATED ON THE APPLICATION, THE PRECINCT IN WHICH THE VOTER SHOULD BE ASSIGNED OR THE SUPERVISOR DISTRICT IN WHICH HE OR SHE IS ENTITLED TO VOTE, OR THE APPLICATION HAS ANY OTHER PROBLEM THAT PREVENTS THE REGISTRAR FROM PROCESSING THE APPLICATION, THE REGISTRAR SHALL NOTIFY THE APPLICANT OF THE ISSUE AND GIVE THE APPLICANT FIVE BUSINESS DAYS TO CURE THE DEFECT; TO AMEND SECTIONS 23-15-37, 23-15-41 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 23-15-35, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a form established by rule duly adopted by the Secretary of State.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person, and the county registrar shall mail the applicant a voter registration card to the mailing address provided on the application.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he or she is a resident and may take the application with him or her and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be the registrar's duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. The registrar shall not charge a fee or cost to the applicant for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he or she shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read the application and oath to the person and the person's answers thereto shall be recorded by the registrar or the registrar's deputy. The person shall be registered as an elector if he or she otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The county registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) The office of the registrar shall process all applications for registration not later than ten (10) days after the registration deadline and shall notify the applicant that his or her application is pending. If an application for registration has an incomplete portion of the application that makes it impossible for the registrar to determine the eligibility of the applicant to register, has a portion of the application that makes it illegible in the opinion of the county registrar and makes it impossible to determine the eligibility of the applicant to register, the county registrar is unable to determine, from the address and information stated on the application, the precinct in which the voter should be assigned or the supervisor district in which he or she is entitled to vote, or the application has any other problem that prevents the registrar from processing the application, the registrar shall notify the applicant of the issue and give the applicant five (5) business days to cure the defect.
( * * *10) In any case in which the corporate
boundaries of a municipality change, whether by annexation or redistricting,
the municipal clerk shall, within ten (10) days after approval of the change in
corporate boundaries, provide to the county registrar conforming geographic
data that is compatible with the Statewide Elections Management System. The
data shall be developed by the municipality's use of a standardized format
specified by the Statewide Elections Management System. The county registrar,
county election commissioner or other county official, who has completed an
annual training seminar sponsored by the Secretary of State pertaining to the
implementation of new boundary lines in the Statewide Elections Management
System and received certification for that training, shall update the municipal
boundary information into the Statewide Elections Management System. The
Statewide Elections Management System updates the municipal voter
registration records and assigns electors to their municipal voting precincts.
The county registrar shall forward to the municipal clerk written notification
of the additions and changes, and the municipal clerk shall forward to the
affected municipal electors written notification of the additions and changes.
SECTION 2. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The registrar shall register the electors of his or her county at any time during regular office hours.
(2) The county registrar may keep his or her office open to register voters from 8:00 a.m. until 7:00 p.m., including the noon hour, for the five (5) business days immediately preceding the thirtieth day before any regularly scheduled primary or general election. The county registrar shall also keep his or her office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day before any regularly scheduled primary or general election, unless that Saturday falls on a legal holiday, in which case registration applications submitted on the Monday immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System within ten (10) days of receipt for the purpose of enabling such voters to vote in the next primary or general election.
(3) The registrar, or any deputy registrar duly appointed by law, may visit and spend such time as he or she may deem necessary at any location in his or her county, selected by the registrar not less than thirty (30) days before an election, for the purpose of registering voters.
(4) A person who is physically disabled and unable to visit the office of the registrar to register to vote due to such disability may contact the registrar and request that the registrar or the registrar's deputy visit him or her for the purpose of registering such person to vote. The registrar or the registrar's deputy shall visit that person as soon as possible after such request and provide the person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or the registrar's deputy.
(5) (a) In the fall and spring of each year the registrar of each county shall furnish all public schools with mail-in voter registration applications. The applications shall be provided in a reasonable time to enable those students who will be eighteen (18) years of age before a general election to be able to vote in the primary and general elections.
(b) Each public school district shall permit access to all public schools of this state for the county registrar or the county registrar's deputy to register persons who are eligible to vote and to provide voter education.
SECTION 3. Section 23-15-41, Mississippi Code of 1972, is amended as follows:
23-15-41. (1) When an applicant to register to vote has completed the application form as prescribed by administrative rule, the county registrar shall enter the applicant's information into the Statewide Elections Management System where the applicant's status will be marked as "ACTIVE," "PENDING" or "REJECTED," and the applicant shall be entitled to register upon his or her request for registration made in person to the registrar, or deputy registrar if a deputy registrar has been appointed. No person other than the registrar, or a deputy registrar, shall register any applicant.
(2) (a) If an applicant is not qualified to register to vote, then the registrar shall enter the applicant's information into the Statewide Elections Management System and mark the applicant's status as "PENDING" or "REJECTED," with the specific reason or reasons for that status noted. The registrar shall notify the election commission of those applicants rejected.
(b) If an application for registration is incomplete or has any other problem that prevents the registrar from processing the application, the registrar shall notify the applicant of the issue and give the applicant five (5) business days to cure the defect.
SECTION 4. Section 23-15-47, Mississippi Code of 1972, is amended as follows:
23-15-47. (1) Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.
(2) The following procedure shall be used in the registration of electors by mail:
(a) Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his or her county registrar at least thirty (30) days before any election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. The postmark date of a mailed application shall be the applicant's date of registration.
(b) Upon receipt of a
mail-in application, the county registrar shall stamp the application with the
date of receipt, and shall verify the application either by matching the
applicant's Mississippi driver's license number through the Mississippi
Department of Public Safety or by matching the applicant's social security
number through the American Association of Motor Vehicle Administrators.
Within * * *
ten (10) days of receipt of a mail-in registration application, the
county registrar shall complete action on the application, including any
attempts to notify the applicant of the status of his or her application.
(c) If the county registrar determines that the applicant is qualified and his or her application is legible and complete, the county registrar shall mail the applicant written notification that the application has been approved, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. The registration card shall be provided by the county registrar to the applicant in accordance with Section 23-15-39. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the applicant. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: "DO NOT FORWARD". If any registration notification form is returned as undeliverable, the voter's registration shall be void.
(d) A mail-in application shall be rejected for any of the following reasons:
* * *
( * * *i) The applicant is not qualified to
register to vote pursuant to Section 23-15-11;
( * * *ii) The county registrar determines
that the applicant is already registered as a qualified elector of the county;
( * * *iii) The county registrar is unable
to verify the application pursuant to subsection (2)(b) of this section.
(e) If a mail-in application for registration:
(i) Has an incomplete portion of the application that makes it impossible for the registrar to determine the eligibility of the applicant to register;
(ii) Has a portion of the application that makes it illegible in the opinion of the county registrar and makes it impossible to determine the eligibility of the applicant to register;
(iii) The county registrar is unable to determine, from the address and information stated on the application, the precinct in which the voter should be assigned or the supervisor district in which he or she is entitled to vote; or
(iv) The
application has any other problem that prevents the registrar from processing
the application, * * *through ( the
county registrar * * *
shall write or call the applicant at the telephone number or address, or
both, provided on the application. If the county registrar is able to contact
the applicant by mail or telephone, the county registrar shall attempt to
ascertain the necessary information, and if this information is sufficient for
the registrar to complete the application, the applicant shall be registered. The
county registrar shall give the applicant five (5) business days to cure any
defect on his or her application for registration. If the necessary
information cannot be obtained by mail or telephone, or is not sufficient to
complete the application within * * * ten (10) days of receipt,
the county registrar shall give the applicant written notice of the rejection
and provide the reason for the rejection. The county registrar shall further
inform the applicant that he or she has a right to attempt to register by
appearing in person or by filing another mail-in application.
(f) If a mail-in
application is subject to rejection for the reason stated in paragraph (d)( * * *ii) of this subsection and the
"present home address" portion of the application is different from
the residence address for the applicant found in the Statewide Elections
Management System, the mail-in application shall be deemed a written request to
update the voter's registration pursuant to Section 23-15-13. The county
registrar or the election commissioners shall update the voter's residence
address in the Statewide Elections Management System and, if necessary, advise
the voter of a change in the location of his or her county or municipal polling
place by mailing the voter a new voter registration card.
(3) The instructions and the application form for voter registration by mail shall be in a form established by rule duly adopted by the Secretary of State.
(4) (a) The Secretary of State shall prepare and furnish without charge the necessary forms for application for voter registration by mail to each county registrar, municipal clerk, all public schools, each private school that requests such applications, and all public libraries.
(b) The Secretary of State shall distribute without charge sufficient forms for application for voter registration by mail to the Commissioner of Public Safety, who shall distribute the forms to each driver's license examining and renewal station in the state, and shall ensure that the forms are regularly available to the public at such stations.
(c) Bulk quantities of forms for application for voter registration by mail shall be furnished by the Secretary of State to any person or organization. The Secretary of State shall charge a person or organization the actual cost he or she incurs in providing bulk quantities of forms for application for voter registration to such person or organization.
(5) The originals of completed mail-in applications shall remain on file in the office of the county registrar with copies retained in the Statewide Elections Management System.
(6) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall enter the information into the Statewide Elections Management System.
(7) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided through the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence.
(8) Any person who attempts to register to vote by mail shall be subject to the penalties for false registration provided for in Section 23-15-17.
SECTION 5. Section 23-15-35, Mississippi Code of 1972, is brought forward as follows:
23-15-35. (1) The clerk of the municipality shall be the registrar of voters of the municipality, and shall take the oath of office prescribed by Section 268 of the Constitution. The municipal registration shall conform to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. The municipal clerk shall comply with all the provisions of law regarding the registration of voters, including the use of the voter registration applications used by county registrars and prescribed by the Secretary of State under Sections 23-15-39 and 23-15-47.
(2) The municipal clerk shall be authorized to register applicants as county electors. The municipal clerk shall forward notice of registration, a copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the county registrar or by personal delivery to the county registrar provided that a numbered receipt is signed by the county registrar in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, and if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a county elector, then the county registrar shall make a determination of the county voting precinct in which the person making the application shall be required to vote. The county registrar shall send this county voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection (2) shall be paid by the county board of supervisors. If a review of the copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the county, the county registrar shall challenge the application. The county election commissioners shall review any challenge or disqualification, after having notified the applicant by certified mail of the challenge or disqualification.
(3) The municipal clerk shall issue to the person making the application a copy of the application and the county registrar shall process the application in accordance with the law regarding the handling of voter registration applications.
(4) The receipt of a copy of the application for registration sent pursuant to Section 23-15-39(3) shall be sufficient to allow the applicant to be registered as an elector in the municipality, provided that such application is not challenged as provided for therein.
(5) The municipal clerk of each municipality shall provide the county registrar in which the municipality is located the information necessary to conform the municipal registration to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. If any changes to the information occur as a result of redistricting, annexation or other reason, it shall be the responsibility of the municipal clerk to timely provide the changes to the county registrar.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.
