Bill Text: MS HB797 | 2016 | Regular Session | Engrossed

Mississippi House Bill 797 (Prior Session Legislation)

Bill Title: Election code; revise.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2016-04-21 - Died In Conference [HB797 Detail]

Download: Mississippi-2016-HB797-Engrossed.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Apportionment and Elections

By: Representatives Denny, Bell (65th), Sykes

House Bill 797

(As Passed the House)

AN ACT TO AMEND SECTIONS 23-15-3, 23-15-5 AND 23-15-7, MISSISSIPPI CODE OF 1972, TO REVISE THE GENERAL PROVISIONS; TO AMEND SECTIONS 23-15-15 AND 23-15-19, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS THAT REGULATE THE QUALIFICATIONS OF ELECTORS; TO AMEND SECTIONS 23-15-31, 23-15-33, 23-15-35, 23-15-37, 23-15-39, 23-15-41, 23-15-43 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURES FOR REGISTERING TO VOTE; TO AMEND SECTIONS 23-15-61, 23-15-63, 23-15-65, 23-15-67, 23-15-69 AND 23-15-79, MISSISSIPPI CODE OF 1972, TO REVISE THE APPEAL PROCEDURE FOR A PERSON WHO HAS BEEN DENIED REGISTRATION; TO AMEND SECTION 23-15-95, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS REGARDING THE LIABILITY OF THE REGISTRAR; TO AMEND SECTIONS 23-15-113, 23-15-121, 23-15-123, 23-15-125 AND 23-15-135, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR MAINTAINING REGISTRATION RECORDS; TO AMEND SECTIONS 23-15-151, 23-15-153 AND 23-15-161, MISSISSIPPI CODE OF 1972, TO REVISE THE PURGING OF CERTAIN ELECTOR RECORDS; TO AMEND SECTIONS 23-15-163 AND 23-15-165, MISSISSIPPI CODE OF 1972, TO REVISE THE STATEWIDE CENTRALIZED VOTER SYSTEM; TO AMEND SECTIONS 23-15-169.1 AND 23-15-169.7, MISSISSIPPI CODE OF 1972, TO REVISE THE TASK FORCE AND HELP MISSISSIPPI VOTE FUND; TO AMEND SECTIONS 23-15-171 AND 23-15-173, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR HOLDING PRIMARY AND GENERAL MUNICIPAL ELECTIONS; TO AMEND SECTIONS 23-15-191 AND 23-15-197, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR HOLDING OTHER ELECTIONS; TO AMEND SECTIONS 23-15-211, 23-15-213, 23-15-215, 23-15-217, 23-15-219, 23-15-221, 23-15-223, 23-15-225, 23-15-227, 23-15-229, 23-15-231, 23-15-233, 23-15-235, 23-15-237, 23-15-239, 23-15-240, 23-15-241, 23-15-243, 23-15-245, 23-15-247, 23-15-249, 23-15-251, 23-15-253, 23-15-255, 23-15-259, 23-15-261, 23-15-265, 23-15-267 AND 23-15-271, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR ELECTION OFFICIALS; TO AMEND SECTIONS 23-15-281 AND 23-15-283, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR SUPERVISOR DISTRICTS AND VOTING PRECINCTS; TO AMEND SECTIONS 23-15-293, 23-15-299, 23-15-303, 23-15-307, 23-15-309 AND 23-15-311, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR NOMINATIONS IN PRIMARY ELECTIONS; TO AMEND SECTIONS 23-15-333, 23-15-351, 23-15-353, 23-15-355, 23-15-359, 23-15-361, 23-15-365, 23-15-367, 23-15-369, 23-15-371, 23-15-373 AND 23-15-375, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR BALLOTS; TO AMEND SECTIONS 23-15-391, 23-15-503, 23-15-505, 23-15-507, 23-15-511, 23-15-513, 23-15-515, 23-15-517, 23-15-519, 23-15-521, 23-15-523 AND 23-15-525, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR OPTICAL MARK READING EQUIPMENT; TO AMEND SECTIONS 23-15-531, 23-15-531.1, 23-15-531.2, 23-15-531.3, 23-15-531.4, 23-15-531.5, 23-15-531.6, 23-15-531.9, 23-15-531.10 AND 23-15-531.12, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT; TO AMEND SECTIONS 23-15-541, 23-15-543, 23-15-547, 23-15-551, 23-15-553 AND 23-15-563, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR THE CONDUCT OF ELECTIONS; TO AMEND SECTIONS 23-15-571, 23-15-573, 23-15-575, 23-15-577, 23-15-579 AND 23-15-581, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS REGARDING AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS; TO AMEND SECTIONS 23-15-591, 23-15-593, 23-15-595, 23-15-597, 23-15-601, 23-15-603, 23-15-605, 23-15-607, 23-15-609, 23-15-611 AND 23-15-613, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS THAT ARE USED TO DETERMINE THE RESULTS OF ELECTIONS; TO AMEND SECTIONS 23-15-801, 23-15-803, 23-15-805, 23-15-807, 23-15-811 AND 23-15-813, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS THAT REGULATE THE DISCLOSURE OF CAMPAIGN FINANCES; TO CREATE NEW SECTION 23-15-819, MISSISSIPPI CODE OF 1972, TO REGULATE THE RECEIPT OF CAMPAIGN FUNDS FROM A FOREIGN NATIONAL; TO AMEND SECTIONS 23-15-831, 23-15-833, 23-15-835, 23-15-837, 23-15-839, 23-15-843, 23-15-849, 23-15-851, 23-15-853, 23-15-855, 23-15-857 AND 23-15-859, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR VACANCIES IN OFFICE; TO AMEND SECTIONS 23-15-873, 23-15-874, 23-15-875, 23-15-881, 23-15-891, 23-15-895, 23-15-897, 23-15-903 AND 23-15-905, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR REGULATIONS OF ELECTIONS; TO AMEND SECTIONS 23-15-911 AND 23-15-913, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR ELECTION CONTESTS IN GENERAL; TO AMEND SECTION 23-15-939, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR PRIMARY ELECTION CONTESTS; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS REGARDING JUDICIAL OFFICES; TO CREATE NEW SECTION 23-15-994, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTIONS OF COURT OF APPEAL JUDGES; TO AMEND SECTIONS 23-15-1031, 23-15-1033, 23-15-1039 AND 23-15-1041, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR MEMBERS OF CONGRESS; TO AMEND SECTIONS 23-15-1051, 23-15-1053, 23-15-1054, 23-15-1057, 23-15-1059, 23-15-1061, 23-15-1063, 23-15-1065 AND 23-15-1067, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR POLITICAL PARTIES; TO AMEND SECTIONS 23-15-11, 23-15-17, 23-15-93, 23-15-285, 23-15-295, 23-15-317, 23-15-335, 23-15-545, 23-15-549, 23-15-871, 23-15-883, 23-15-887, 23-15-889, 21-9-19, 37-65-123, 65-1-3, 37-7-229 AND 23-15-631, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTIONS 23-15-111, 23-15-117, 23-15-119, 23-15-127, 23-15-129, 23-15-133, 23-15-137 AND 23-15-160, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE PREPARATION, REVISION AND MAINTENANCE OF REGISTRATION BOOKS AND POLL BOOKS; TO REPEAL SECTION 23-15-167, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE FUNDING TO PURCHASE COMPUTER HARDWARE OR SOFTWARE FOR THE CENTRALIZED STATEWIDE VOTER SYSTEM; TO REPEAL SECTION 23-15-169.6, MISSISSIPPI CODE OF 1972, WHICH CREATED A TASK FORCE TO STUDY VOTING SYSTEMS THAT COMPLY WITH THE HELP AMERICA VOTE ACT OF 2002 AND THEIR SUITABILITY FOR USE IN ELECTIONS IN MISSISSIPPI; TO REPEAL SECTION 23-15-212, MISSISSIPPI CODE OF 1972, WHICH CREATED A STUDY COMMITTEE TO CONDUCT A STUDY TO DETERMINE HOW REGISTRARS, ELECTION COMMISSIONERS, EXECUTIVE COMMITTEE MEMBERS AND POLL WORKERS CAN BE BETTER TRAINED IN THE CONDUCT OF ELECTIONS; TO REPEAL SECTION 23-15-269, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTIES FOR AN ELECTION COMMISSIONER, OR ANY OTHER OFFICER OR PERSON ACTING AS SUCH, OR PERFORMING ELECTION DUTY, WHO WILLFULLY REFUSES OR KNOWINGLY FAILS TO PERFORM ANY DUTY REQUIRED OF HIM OR HER BY THE ELECTION LAWS; TO REPEAL SECTIONS 23-15-393, 23-15-401, 23-15-403, 23-15-405, 23-15-407, 23-15-409, 23-15-411, 23-15-413, 23-15-415, 23-15-417, 23-15-419, 23-15-421, 23-15-423, 23-15-425, 23-15-427, 23-15-429, 23-15-431, 23-15-433, 23-15-435, 23-15-437, 23-15-439, 23-15-441, 23-15-443, 23-15-445, 23-15-447, 23-15-449 AND 23-15-451, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE USE OF VOTING MACHINES IN ELECTIONS; TO REPEAL SECTIONS 23-15-461, 23-15-463, 23-15-465, 23-15-467, 23-15-469, 23-15-471, 23-15-473, 23-15-475, 23-15-477, 23-15-479, 23-15-481, 23-15-483, 23-15-485 AND 23-15-501, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE USE OF ELECTRONIC VOTING SYSTEMS; TO REPEAL SECTION 23-15-509, MISSISSIPPI CODE OF 1972, WHICH PROVIDES WHEN AND WHERE OMR EQUIPMENT MAY BE USED; TO REPEAL SECTION 23-15-531.7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DEMONSTRATION OF DRE UNITS; TO REPEAL SECTION 23-15-531.8, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE STORAGE AND SECURITY OF DRE UNITS; TO REPEAL SECTION 23-15-531.11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CODING OF CHALLENGED BALLOTS ON DRE UNITS; TO REPEAL SECTION 23-15-555, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTY FOR A VOTER WHO ALLOWS HIS OR HER BALLOT TO BE SEEN BY ANY PERSON; TO REPEAL SECTION 23-15-559, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE TIMES FOR HOLDING PRIMARY AND GENERAL ELECTION FOR MUNICIPALITIES THAT OPERATE UNDER A SPECIAL OR PRIVATE CHARTER; TO REPEAL SECTION 23-15-841, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE HOLDING OF A PRIMARY ELECTION IN SPECIAL ELECTIONS FOR COUNTY AND COUNTY DISTRICT SEATS; TO REPEAL SECTION 23-15-893, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTY FOR BEING INTOXICATED IN OR ABOUT A POLLING PLACE DURING AN ELECTION; TO REPEAL SECTION 23-15-899, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR IDENTIFYING INFORMATION TO BE POSTED ON CAMPAIGN MATERIALS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 23-15-3, Mississippi Code of 1972, is amended as follows:

23-15-3. For purposes of this chapter, the term "ballot box" includes any ballot bag or other container of a type that has been approved for use in elections by the Secretary of State, capable of receiving voted paper ballots. Such ballot bags or containers may be used for any purpose for which a ballot box may be used under the provisions of law regulating elections in Mississippi or any other purpose authorized by the rules and regulations adopted by the Secretary of State. * * *

SECTION 2. Section 23-15-5, Mississippi Code of 1972, is amended as follows:

23-15-5. (1) There is created in the State Treasury a special fund to be known as the Elections Support Fund. Monies derived from annual report fees imposed upon limited liability companies under Section 79-29-1203 shall be deposited into the Elections Support Fund. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be disbursed as provided in subsection (2) of this section. The expenditure of monies in the fund shall be under the direction of the Secretary of State as provided by subsection (2) of this section, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration.

(2) (a) Monies in the fund shall be used as follows:

(i) Fifty percent (50%) of the monies in the special fund shall be distributed annually to the counties, based on the proportion that the population of a county bears to the total population in all counties of the state population according to the most recent information from the United States Census Bureau, and held in a separate fund solely for the purpose of acquiring, upgrading, maintaining or repairing voting equipment, systems and supplies, hiring temporary technical support, conducting elections using such voting equipment or systems, employing such personnel to conduct an election, and training election officials; and

(ii) The remaining fifty percent (50%) of the monies in the special fund shall be allocated annually to the Secretary of State and expended for the purpose of upgrading, maintaining * * *~~, upgrading~~ or equipping the Statewide Elections Management System, and acquiring, upgrading or maintaining any other election-related site or system or providing technical training to election officials.

(b) The Secretary of State shall create standard training guidelines to assist counties in training election officials with the funds authorized under subsection (2)(a)(ii) of this section. Any criteria established by the Secretary of State for the purposes of this section shall be used in addition to any other training or coursework prescribed by the Secretary of State to train circuit clerks, poll managers and any other election officials participating in county elections.

(c) Notwithstanding any other provision of law, no monies from the Elections Support Fund shall be used by the Secretary of State or any person associated with the Office of the Secretary of State to provide or otherwise support expert testimony in any manner for any hearing, trial or election contest.

SECTION 3. Section 23-15-7, Mississippi Code of 1972, is amended as follows:

23-15-7. (1) The Secretary of State shall negotiate a Memorandum of Understanding which shall be entered into by the Mississippi Department of Public Safety and the registrar of each county for the purpose of providing a Mississippi Voter Identification Card. Such card shall be valid for the purpose of voter identification purposes under Section 23-15-563 and available only to registered voters of this state. No fee shall be charged or collected for the application for or issuance of a Mississippi Voter Identification Card. Any costs associated with the application for or issuance of a Mississippi Voter Identification Card shall be made payable from the state's General Fund.

(2) The registrar of each county shall provide a location in the registrar's office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution; however, in counties having two (2) judicial districts the registrar shall provide a location in the registrar's office in each judicial district at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.

(3) No person shall be eligible for a Mississippi Voter Identification Card if the person has a valid unexpired Mississippi driver's license or an identification card issued under Section 45-35-1 et seq.

(4) (a) The Mississippi Voter Identification Card shall be captioned "MISSISSIPPI VOTER IDENTIFICATION CARD" and shall contain a prominent statement that under Mississippi law it is valid only as identification for voting purposes. The identification card shall include the following information regarding the applicant:

(i) Full legal name;

(ii) Legal residence address;

(iii) Mailing address, if different; and

(iv) Voting information.

(b) The Mississippi Voter Identification Card shall also contain the date the voter identification card was issued, the county in which the voter is registered and such other information as required by the Secretary of State.

(5) The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute false swearing under Section 97-7-35.

(6) The registrar shall require presentation and verification of any of the following information during the application process before issuance of a Mississippi Voter Identification Card:

(a) A photo identity document; or

(b) Documentation showing the person's date and place of birth; or

(d) A Medicare card; or

(e) A Medicaid card; or

(f) Such other acceptable evidence of verification of residence in the county as determined by the Secretary of State.

(7) A Mississippi Voter Identification Card shall remain valid for as long as the cardholder * * *~~resides at the same address and~~ remains qualified to vote. It shall be the duty of a person who moves his or her residence within this state to surrender his or her voter identification card to the registrar of the county of his or her new residence and such person may thereafter apply for and receive a new card if such person is eligible under this section. It shall be the duty of a person who moves his or her residence outside this state or who ceases to be qualified to vote to surrender his or her card to the registrar who issued it.

(8) The Secretary of State, in conjunction with the Mississippi Department of Public Safety, shall adopt rules and regulations for the administration of this section.

SECTION 4. Section 23-15-15, Mississippi Code of 1972, is amended as follows:

23-15-15. It shall be the duty of any and every person who has acquired citizenship by order or decree of naturalization and who is otherwise qualified to register and vote under the laws of the State of Mississippi to present or exhibit to the * * *~~circuit clerk~~ registrar of the county of his or her residence, at or before the time he or she may offer to register, a certified copy of the final order or decree of naturalization, or a certificate of naturalization or duplicate thereof, or a certified copy of such certificate of naturalization or duplicate; otherwise he shall not be allowed to register or to vote.

SECTION 5. Section 23-15-19, Mississippi Code of 1972, is amended as follows:

23-15-19. Any person who has been convicted of vote fraud or * * *of any crime listed in Section 241, Mississippi Constitution of 1890, such crimes defined as "disenfranchising," shall not be registered, or if registered the name of the person shall be * * *~~erased~~ removed from the * * * Statewide Elections Management System by the registrar or * * *by the election commissioners of the county of his or her residence. Whenever any person shall be convicted in the circuit court of his or her county of * * * ~~any of those crimes~~ a disenfranchising crime, the county registrar shall thereupon * * *~~erase~~ remove his or her name from the * * *~~registration book~~ Statewide Elections Management System; and whenever any person shall be convicted of * * *~~any of those~~ a disenfranchising * * *~~crimes~~ crime in any other court of any county, the presiding judge of the court shall, on demand, certify the fact in writing to the registrar of the county of the voter's residence, who shall thereupon * * *~~erase~~ remove the name of the person from the * * *~~registration book and file~~ Statewide Elections Management System and retain the certificate as a record of his office.

SECTION 6. Section 23-15-31, Mississippi Code of 1972, is amended as follows:

23-15-31. All of the provisions of this subarticle shall be applicable, insofar as possible, to municipal, primary, general and special elections; and wherever therein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners or county executive committee with reference to a state and county election, such duty shall likewise be * * * conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election.

SECTION 7. Section 23-15-33, Mississippi Code of 1972, is amended as follows:

23-15-33. (1) Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his or her name on and properly completed the application for registration to vote shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.

(2) Every person entitled to be registered as an elector in compliance with the laws of this state and who registers to vote pursuant to the National Voter Registration Act of 1993 shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.

* * *

SECTION 8. Section 23-15-35, Mississippi Code of 1972, is amended 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 and all mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection 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 * * *~~circuit clerk of 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 * * *~~circuit clerk~~ county registrar.

SECTION 9. Section 23-15-37, Mississippi Code of 1972, is amended as follows:

23-15-37. (1) The registrar shall * * *~~keep his books open at his office and 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 for registration of 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 * * *~~prior to~~ before any regularly scheduled primary or general election. The county registrar shall also keep his office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day * * *~~prior to~~ before any regularly scheduled primary or general election, unless such 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 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 his or her deputy visit him for the purpose of registering such person to vote. The registrar or his or her deputy shall visit such person as soon as possible after such request and provide such person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or his or her 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. Such 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 his or her deputy for the purpose of registration of persons eligible to vote and for providing voter education.

SECTION 10. 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 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 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 is a resident and may take the application with him 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 his 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. No fee or cost shall be charged the applicant by the registrar 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 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 to the person the application and oath and the person's answers thereto shall be recorded by the registrar or his deputy. The person shall be registered as an elector if he 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) In any case in which * * *~~a municipality expands its~~ the corporate boundaries of a municipality change, whether by annexation or * * * redistricting, the municipal clerk shall within ten (10) days after * * *~~the effective date of the~~ ~~annexation or after preclearance~~ approval of the * * * change in corporate boundaries provide to the county registrar * * *~~with~~ 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 therefor, shall update the municipal boundary information * * * ~~or redistricting information~~ into the Statewide Elections Management System. The Statewide Elections Management System * * * ~~shall~~ updates the municipal voter registration records and assigns * * *~~to include the new municipal~~ electors * * * to * * *~~the~~ 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 * * *~~new~~ affected municipal electors written notification of the additions and changes. * * *

SECTION 11. 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 * * *~~voter record where~~ in which the * * *~~voter~~ applicant's status will be marked as "ACTIVE," "PENDING" or "REJECTED," and the applicant shall be entitled to register upon his 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) 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 * * *~~voter record where the voter's status~~ shall be marked as "PENDING" or "REJECTED", * * *~~specify~~ with the specific * * *~~the~~ reason or reasons * * *~~therefor~~ noted; * * *, the registrar shall * * *~~and notify~~ restore the election commission of those applicants rejected.

SECTION 12. Section 23-15-43, Mississippi Code of 1972, is amended as follows:

23-15-43. In the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in Sections 23-15-61 through 23-15-79. In addition to the meetings of the election commissioners provided * * *~~under said~~ in those sections, the commissioners are required to hold such additional meetings to determine all pending cases of registration on review prior to the election at which the applicant desires to vote.

It is not the purpose of this section to indicate the decision which should be reached by the election commissioners in certain cases but to define which applicants should receive further examination by providing for an automatic review.

SECTION 13. 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 county registrar at least thirty (30) days * * *~~prior to~~ before any 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 * * * ~~contacting~~ 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 * * * ~~twenty-five (25)~~ fourteen (14) 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 application.

(c) If the county registrar determines that the applicant is qualified and his application is legible and complete, he 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 cards 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 * * *~~person~~ 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) An incomplete portion of the application which makes it impossible for the registrar to determine the eligibility of the applicant to register;

(ii) A portion of the application which is 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 is entitled to vote;

(iv) The applicant is not qualified to register to vote pursuant to Section 23-15-11;

(v) The county registrar determines that the applicant is already registered as a qualified elector of the county;

(vi) The county registrar is unable to verify the application pursuant to subsection (2)(b) of this section.

(e) If the mail-in application of a person is subject to rejection for any of the reasons set forth in paragraph (d)(i) through (iii) of this subsection, and it appears to the county registrar that the defect or omission is of such a minor nature and that any necessary additional information may be supplied by the applicant over the telephone or by further correspondence, the county registrar may 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, he 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. If the necessary information cannot be obtained by mail or telephone, or is not sufficient * * *, to complete the application within fourteen (14) 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 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)(v) of this subsection and the "present home address" portion of the application is different from the residence address for the applicant found in the * * *~~registration book~~ Statewide Elections Management System, the mail-in application shall be deemed a written request to * * *~~transfer~~ update the voter's registration pursuant to Section 23-15-13. * * * The county registrar or the election commissioners shall * * *~~note~~ update the * * *~~new~~ voter's residence address * * *~~on his records~~ in the Statewide Elections Management System and, if necessary, * * * advise the * * *~~applicant~~ voter of a change in the location of his * * *~~new~~ county * * *~~precinct~~ or municipal * * * ~~precinct, if any,~~ polling place * * * ~~and supervisor district~~ by the mailing of 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 such 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 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 * * *~~lectronic image~~.

(6) If the applicant indicates on the application that he 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 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 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 14. Section 23-15-61, Mississippi Code of 1972, is amended as follows:

23-15-61. Any person denied the right to register as a voter may appeal from the decision of the county registrar to the board of election commissioners by filing with the county registrar, on the same day of such denial or within five (5) days thereafter, a written application for appeal.

SECTION 15. Section 23-15-63, Mississippi Code of 1972, is amended as follows:

23-15-63. Any elector of the county may likewise appeal from the decision of the county registrar allowing any other person to be registered as a voter; but before the same can be heard, the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the grounds of the appeal. * * *~~Said~~ The notice shall be served by the sheriff or a constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same, the sum of One Dollar ($1.00).

SECTION 16. Section 23-15-65, Mississippi Code of 1972, is amended as follows:

23-15-65. The board of election commissioners shall meet at the courthouse of its county on the second Monday in September preceding any general election, and shall remain in session from day to day, so long as business may require. Three (3) election commissioners shall constitute a quorum to do business; but the concurrence of at least three (3) election commissioners shall be necessary in all cases for the rendition of a decision. The election commissioners shall hear and determine all appeals from the decisions of the registrar of their county, allowing or refusing the applications of electors to be registered; and they shall correct illegal or improper registrations, and shall secure the elective franchise, as * * *~~effected~~ affected by registration, to those who may be illegally or improperly denied the same.

SECTION 17. Section 23-15-67, Mississippi Code of 1972, is amended as follows:

23-15-67. The election commissioners * * * ~~of election~~ of each county shall, at the meetings provided for * * *by in Sections 23-15-123, 23-15-155 and 23-15-157, hear and determine any appeals which may have been perfected and which are pending on the respective dates provided for in said Sections 23-15-123, 23-15-155 and 23-15-157, from the decisions of the registrar of their county allowing or refusing the applications of persons to be registered. The above dates for hearing said appeals are supplemental to the provisions of Section 23-15-65.

SECTION 18. Section 23-15-69, Mississippi Code of 1972, is amended as follows:

23-15-69. All cases on appeal shall be heard by the boards of election commissioners de novo, and oral and documentary evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have power to subpoena witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commissioners in all cases shall be final as to questions of fact, but as to matters of law they may be revised by circuit courts and the Supreme Court. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the * * *~~registration books~~ Statewide Elections Management System.

SECTION 19. Section 23-15-79, Mississippi Code of 1972, is amended as follows:

23-15-79. (1) Unless the application for registration was made pursuant to Section 23-15-47, the date of registration to vote shall be the date * * *of the application for registration to vote was initially received by the registrar or, if submitted by mail, the postmark date, regardless of the date on which the county election commission, circuit court or Supreme Court, as the case may be, makes its final determination allowing the registration.

(2) In the case of an application for registration which has been made pursuant to Section 23-15-47, the date of registration to vote shall be the date the complete and legible application form is received by the county registrar, or, if mailed, the postmark date of the complete and legible application.

SECTION 20. Section 23-15-95, Mississippi Code of 1972, is amended as follows:

23-15-95. In addition to the penalties set forth in Section 23-15-93, any applicant aggrieved by any registrar or election commissioner * * * ~~of elections~~ because of their refusal or neglect to perform any of the duties prescribed by this chapter regarding the registration of electors may petition the chancery court of the county of the registrar or election commissioner * * * ~~of elections~~ for an injunction or mandate to enforce the performance of such duties and to secure to such applicant such rights to which he may be entitled under the provisions of said sections.

SECTION 21. Section 23-15-113, Mississippi Code of 1972, is amended as follows:

23-15-113. (1) * * * The voter registration files shall contain copies of the applications for registration completed by electors, which applications shall show the date of registration and signature of elector * * *.

(2) * * *~~From and after January 1, 2006,~~ All records pertaining to voter registration shall be stored in an electronic format in the Statewide Elections Management System by the county registrar. The scanned applications shall be a legal document of voter registration and shall be retained in the Statewide Elections Management System.

SECTION 22. Section 23-15-121, Mississippi Code of 1972, is amended as follows:

23-15-121. Should the * * *~~registration books or~~ electronic voting record of any county as maintained by the Statewide Elections Management System be lost or destroyed, the board of supervisors may adjudge the fact, and direct a new registration of the voters to be made; and the county registrar, being so directed, shall make a new registration, as herein provided, of the qualified electors of his county * * *.

SECTION 23. Section 23-15-123, Mississippi Code of 1972, is amended as follows:

23-15-123. If at any time the registration books of the county as maintained by the Statewide Elections Management System be or become in such confusion that a new registration is necessary to determine correctly the names of the qualified electors and the voting precinct of each, the board of supervisors shall order a new registration of voters to be made in like manner as provided for in Section 23-15-121.

SECTION 24. Section 23-15-125, Mississippi Code of 1972, is amended as follows:

23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. * * * All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before * * *~~any regular~~ an election shall * * *~~be entered~~ appear on the pollbooks * * *~~immediately after such~~ of the election * * *; however, if the thirtieth day to register before an election falls on a legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the * * *~~supervisors district~~ jurisdiction, or other legal cause, that fact shall be noted * * *on in the * * *~~registration book~~ Statewide Elections Management System and * * *~~his~~ the voter's name shall be * * *~~erased~~ removed from the * * *~~pollbook~~ Statewide Elections Management System, the state's voter roll and the county's pollbooks. Nothing in this section shall preclude the use of electronic pollbooks.

SECTION 25. Section 23-15-135, Mississippi Code of 1972, is amended as follows:

* * *

23-15-135. (1) The registration books of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and pollbooks hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.

(3) The registrar of each county shall enter into a Memorandum of Understanding, which is negotiated by the Secretary of State, with the Mississippi Department of Public Safety for the purpose of providing a Mississippi Voter Identification Card.

SECTION 26. Section 23-15-151, Mississippi Code of 1972, is amended as follows:

23-15-151. The circuit clerk of each county is authorized and directed to prepare and keep in his office a full and complete list, in alphabetical order, of persons convicted of vote fraud or * * * any crime listed in Section 241, Mississippi Constitution of 1890. A certified copy of any enrollment by one clerk to another will be sufficient authority for the enrollment of the name, or names, in another county. A list of persons convicted of vote fraud, any crime listed in Section 241, Mississippi Constitution of 1890 or subsequent opinions of the Attorney General, shall also be imported into the Statewide Elections Management System on a quarterly basis. Voters who have been convicted in a Mississippi state court of any disenfranchising crime are not qualified electors as defined by Section 23-15-11 and shall be purged or otherwise removed by the county registrar or county election commissioners from the Statewide Elections Management System.

SECTION 27. Section 23-15-153, Mississippi Code of 1972, is amended as follows:

23-15-153. (1) At least during the following times, the * * *~~commissioners of~~ election commissioners shall meet at the office of the registrar or the office of the election commissioners * * *~~and~~ to carefully revise the * * * county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, have been adjudicated non compos mentis, have been convicted of a disenfranchising crime or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration: * * *

(a) On the Tuesday after the second Monday in January 1987 and every following year;

(b) On the first Tuesday in the month immediately preceding the first primary election for congressmen in the years when congressmen are elected;

(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and

(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.

Except for the names of those * * *~~persons~~ voters who are duly qualified to vote in the election, no name shall be permitted to remain * * *on in the * * * ~~registration books and pollbooks~~ Statewide Elections Management System; however, no name shall be * * *~~erased~~ purged from the * * *~~registration books or pollbooks~~ Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 * * * ~~that are in effect at the time of such erasure~~. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.

(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners * * * ~~of election~~ shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the * * *~~registration books and pollbooks~~ county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:

(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;

(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;

(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;

(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.

(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners * * * ~~of election~~ to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the * * *~~registration books and pollbooks~~ county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, for not to exceed five (5) days.

(4) (a) The election commissioners * * * ~~of election~~ shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the * * *~~registration books and pollbooks~~ county voter roll as electronically maintained by the Statewide Elections Management System prior to any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.

(b) The election commissioners * * * ~~of election~~ shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.

(5) The election commissioners * * * ~~of election~~ shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the * * *~~registration books, pollbooks~~ county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.

(6) The election commissioners * * * ~~of election~~ shall be entitled to receive only one (1) per diem payment for those days when the election commissioners * * * ~~of election~~ discharge more than one (1) duty or responsibility on the same day.

(7) * * *~~The~~ In preparation for a municipal primary, runoff, general or special election, the county registrar, upon request by the municipal clerk, shall * * * ~~prepare the~~ generate and distribute the master voter roll and pollbooks * * *~~and~~ from the Statewide Elections Management System * * * for the municipality located within the county * * *. The municipality shall pay the * * * county registrar * * *~~shall be paid by each municipality for~~ the actual cost of preparing and printing the municipal master voter roll and pollbooks. * * * A municipality may secure "read only" access to the Statewide * * *~~Centralized Voter System~~ Elections Management System and print its own pollbooks using this information * * *.

(8) County election commissioners * * * ~~of election~~ who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners * * * ~~of election~~ are employed in the conduct of a primary election shall be treated the same as days county election commissioners * * * ~~of election~~ are employed in the conduct of other elections.

(9) Every election commissioner * * * ~~of election~~ shall sign personally a certification setting forth the number of hours actually worked in the performance of the election commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The election commissioner's signature is, as a matter of law, made under the election commissioner's oath of office and under penalties of perjury.

The certification form shall be as follows:

COUNTY ELECTION COMMISSIONER

PER DIEM CLAIM FORM

NAME:____________________________ COUNTY:_______________

ADDRESS:_________________________ DISTRICT:_____________

CITY:______________ ZIP:________

PURPOSE APPLICABLE ACTUAL PER DIEM

DATE BEGINNING ENDING OF MS CODE HOURS DAYS

WORKED TIME TIME WORK SECTION WORKED EARNED

__________________________________________________________________

TOTAL NUMBER OF PER DIEM DAYS EARNED

EXCLUDING ELECTION DAYS ________

PER DIEM RATE PER DAY EARNED X $84.00

TOTAL NUMBER PER DIEM DAYS EARNED

FOR ELECTION DAYS ________

PER DIEM RATE PER DAY EARNED X $150.00

TOTAL AMOUNT OF PER DIEM CLAIMED $_______

I understand that I am signing this document under my oath as * * *a an election commissioner * * * ~~of election~~ and under penalties of perjury.

I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.

Signed this the _____day of ______________, ____.

________________________

Commissioner's Signature

When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.

Any person may contest the accuracy of the certification in any respect by notifying the chairman of the election commission, any member of the board of supervisors or the clerk of the board of supervisors of such contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the election commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.

Any contestor who successfully contests any certification will be awarded all expenses incident to his contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The election commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.

(10) Any election commissioner * * *~~of election~~ who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner * * * ~~of election~~ has received the required elections seminar instruction and that the election commissioner * * * ~~of election~~ is fully qualified to conduct an election, shall not receive any compensation authorized by this section, * * *~~Section 23-15-491~~ or Section 23-15-239.

SECTION 28. Section 23-15-161, Mississippi Code of 1972, is amended as follows:

23-15-161. The county registrar shall:

(a) Attend the meetings of the county election commissioners;

(b) Permit and * * *~~, and shall~~ furnish them access to the Statewide Elections Management System * * *~~registration books and the pollbooks~~;

(c) * * *~~, and shall~~ Render them all needed assistance of which * * *he the registrar is capable in the performance of their duties in revising the list of qualified electors.

SECTION 29. Section 23-15-163, Mississippi Code of 1972, is amended as follows:

23-15-163. The purposes of this subarticle are:

(a) To establish a centralized statewide qualified voter file that consists of all qualified electors who are registered to vote;

(b) To enhance the uniformity of the administration of elections by creating and maintaining a centralized statewide file of qualified voters;

(c) To increase the efficiency and decrease the cost of maintaining voter registration records and implementing the National Voter Registration Act of 1993;

(d) To increase the integrity of the voting process by compiling a single centralized qualified voter file from county voter roll data that will permit the name of each citizen of this state to appear only once;

(e) To apply technology and information gathered by principal executive departments of state government, state agencies and local voter registrars in a manner that ensures that accurate and current records of qualified voters are maintained and to secure cooperation among all state and county entities to develop systems and processes that are interfaced with the * * *~~Centralized Statewide Voter System~~ Statewide Elections Management System; and

(f) To enable the state to receive federal funds which may be available to carry out provisions of this subarticle.

SECTION 30. Section 23-15-165, Mississippi Code of 1972, is amended as follows:

23-15-165. (1) * * *~~From and after July 1, 2002,~~ The Office of the Secretary of State, in cooperation with the * * * ~~local~~ county registrars and election commissioners, shall * * * ~~begin to~~ procure, implement and maintain an electronic information processing system and programs capable of maintaining a centralized database of all registered voters in the state. The system shall encompass software and hardware, at both the state and county level, software development training, conversion and support and maintenance for the system. This system shall be known as the "Statewide Elections Management System" and shall constitute the official record of registered voters in every county of the state.

(2) The Office of the Secretary of State shall develop and implement the Statewide Elections Management System so that the registrar and election commissioners of each county shall:

(a) Verify that an applicant that is registering to vote in such county is not registered to vote in another county;

(b) Be notified automatically that a registered voter in its county has registered to vote in another county;

(c) Receive regular reports of death, changes of address and convictions for disenfranchising crimes that apply to voters registered in the county; and

(d) Retain all present functionality related to, but not limited to, the use of voter roll data and to implement such other functionality as the law requires to enhance the maintenance of accurate county voter records and related jury selection and redistricting programs.

(3) As a part of the procurement and implementation of the system, the Office of the Secretary of State shall, with the assistance of the advisory committee, procure services necessary to convert current voter registration records in the counties into a standard, industry accepted file format that can be used on the Statewide Elections Management System. Thereafter, all official voter information shall be maintained on the Statewide Elections Management System. The standard industry accepted format of data * * *~~shall be~~ was reviewed and approved by a majority of the advisory committee created in subsection (5) of this section after consultation with the Circuit Clerks Association and the format may not be changed without * * * consulting the Circuit Clerks Association.

(4) The Secretary of State may, with the assistance of the advisory committee, adopt rules and regulations necessary to administer the Statewide Elections Management System. Such rules and regulations shall at least:

(a) Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;

(b) Provide procedures for integrating data into the centralized database;

(c) Provide security to insure that only the registrar, or his designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;

(d) Provide the registrar or his designee or other appropriate official, as the law may require, access to the system at all times, including the ability to download copies of the industry standard file, for all purposes related to their official duties, including, but not limited to, exclusive access for the purpose of printing of all local pollbooks;

(e) Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;

(f) Provide a procedure that will allow the registrar, or his designee or other appropriate official, as the law may require, to identify the precinct * * *~~and subprecinct~~ to which a voter should be assigned; and

(g) Provide a procedure for phasing in or converting existing manual and computerized voter registration systems in counties to the Statewide Elections Management System.

(5) The Secretary of State * * *~~shall establish~~ established an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee * * *~~shall include~~ included two (2) representatives from the Circuit Clerks Association, appointed by the association; two (2) representatives from the Election Commissioners Association of Mississippi, appointed by the association; one (1) member of the Mississippi Association of Supervisors, or its staff, appointed by the association; the Director of the Stennis Institute of Government at Mississippi State University, or his designee; the Executive Director of the Department of Information Technology Services, or his designee; two (2) persons knowledgeable about elections and information technology appointed by the Secretary of State; and the Secretary of State, who shall serve as the chairman of the advisory committee.

(6) (a) Social security numbers, telephone numbers and date of birth and age information in statewide, district, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.

(b) Copies of statewide, district, county or municipal voter registration files, excluding social security numbers, telephone numbers and date of birth and age information, shall be provided to any person in accordance with the Mississippi Public Records Act of 1983 at a cost not to exceed the actual cost of production.

SECTION 31. Section 23-15-169.1, Mississippi Code of 1972, is amended as follows:

23-15-169.1. The Secretary of State and the Commissioner of Public Safety shall enter into an agreement to grant the Secretary of State's Office "read only" access to the driver's license database and identification cardholder database for the purpose of matching information in the database of the * * *~~Statewide Centralized Voter System~~ Statewide Elections Management System created in Section 23-15-163 et seq. to the extent required to enable the Secretary of State to verify the accuracy of information provided on applications for voter registration in compliance with the Help America Vote Act of 2002.

SECTION 32. Section 23-15-169.7, Mississippi Code of 1972, is amended as follows:

23-15-169.7. * * *~~(1)~~ (a) There is created in the State Treasury a special fund, to be designated the "Help Mississippi Vote Fund" to the credit of the Secretary of State, which shall be comprised of the monies required to be deposited into the fund under Section 7-3-59, and any other funds that may be made available for the fund by the Legislature.

(b) Monies in the fund shall be expended by the Secretary of State to support the state's maintenance of efforts as required by the federal mandates of the Help America Vote Act of 2002 and for compensation paid to any certified poll manager under Section 23-15-239.

SECTION 33. Section 23-15-171, Mississippi Code of 1972, is amended as follows:

23-15-171. (1) Municipal primary elections shall be held on the first Tuesday in * * *~~May~~ April preceding the general municipal election and, in the event a second primary shall be necessary, such second primary shall be held on the * * * ~~third~~ fourth Tuesday in * * *~~May~~ April preceding such general municipal election. The candidate receiving a majority of the votes cast in the election shall be the party nominee. If no candidate shall receive a majority vote at the election, the two (2) candidates receiving the highest number of votes shall have their names placed on the ballot for the second primary election. The candidate receiving the most votes cast in the second primary election shall be the party nominee. However, if no candidate shall receive a majority vote at the first primary, and there is a tie in the election of those receiving the next highest vote, those candidates receiving the next highest vote and the candidate receiving the highest vote shall have their names placed on the ballot for the second primary election, and whoever receives the most votes cast in the second primary election shall be the party nominee. At such primary election the municipal executive committee shall perform the same duties as are specified by law and performed by members of the county executive committee with regard to state and county primary elections. Each municipal executive committee shall have as many members as there are elective officers of the municipality, and such members of the municipal executive committee of each political party shall be elected in the primary elections held for the nomination of candidates for municipal offices. The provisions of this section shall govern all municipal primary elections as far as applicable, but the officers to prepare the ballots and the poll managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding such primary, and the returns of such election shall be made to such municipal executive committee. Vacancies in the executive committee shall be filled by it.

(2) Provided, however, that in municipalities operating under a special or private charter which fixes a time for holding elections, other than the time fixed by Chapter 491, Laws of 1950, the first primary election shall be held * * *~~exactly four (4) weeks~~ on the first Tuesday, two (2) months before the time for holding the general election, as fixed by the charter, and the second primary election, where necessary, shall be held * * *~~two (2)~~ three (3) weeks after the first primary election, unless the charter of any such municipality provides otherwise, in which event the provisions of the special or private charter shall prevail as to the time of holding such primary elections.

(3) All primary elections in municipalities shall be held and conducted in the same manner as is provided by law for state and county primary elections.

SECTION 34. Section 23-15-173, Mississippi Code of 1972, is amended as follows:

23-15-173. (1) A general municipal election shall be held in each city, town or village on the first Tuesday after the first Monday of June 1985, and every four (4) years thereafter, for the election of all municipal officers elected by the people.

(2) All municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections.

(3) The provisions of Sections 23-15-171 and 23-15-173, which fix the times to hold primary and general elections, shall not apply to any municipality operating under a special or private charter where the governing board or authority thereof, on or before June 25, 1952, shall have adopted and spread upon its minutes a resolution or ordinance declining to accept such provisions, in which event the primary and general elections shall be held at the time fixed by the charter of such municipality.

SECTION 35. Section 23-15-191, Mississippi Code of 1972, is amended as follows:

23-15-191. The first primary shall be held on the first Tuesday after the first Monday of August preceding any regular or general election; and the second primary shall be held three (3) weeks thereafter. * * *~~Any~~ The candidate * * * that receives a majority of the votes cast in the election shall be the party nominee. If no candidate shall receive * * *~~such~~ a majority * * *~~of popular votes in the first primary~~ vote at the election, then the two (2) candidates who receive the highest * * *~~popular~~ number of votes * * *~~for such office~~ shall have their names * * *~~submitted as such candidates to a~~ placed on the ballot for the second primary election to be held three (3) weeks later. * * *~~, and~~ The candidate who * * *~~leads in such~~ receives the most votes in the second primary * * *~~shall be nominated to the office~~ election shall be the party nominee. However, if no candidate shall receive a majority vote at the first primary, and * * *~~. When~~ there is a tie in the * * *~~first primary~~ election of those receiving the next highest vote, * * *~~these two (2) and the one (1)~~ then those candidates receiving the next highest vote and the candidate receiving the highest vote * * *~~, none having received a majority,~~ shall have their names placed on the ballot for * * *~~go into~~ the second primary election to be held three (3) weeks later, and whoever * * *~~leads~~ receives the most votes cast in * * *~~such~~ the second primary election shall be * * *~~entitled to the nomination~~ the party nominee.

SECTION 36. Section 23-15-197, Mississippi Code of 1972, is amended as follows:

23-15-197. (1) Times for holding primary and general elections for congressional offices shall be as prescribed in Sections 23-15-1031, 23-15-1033 and 23-15-1041.

(2) Times for holding elections for the office of judge of the Supreme Court shall be as prescribed in Section 23-15-991 and Sections 23-15-974 through 23-15-985, and times for holding elections for the office of judge of the Court of Appeals shall be as prescribed in Section 9-4-5.

(3) Times for holding elections for the office of circuit court judge and the office of chancery court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-1015.

(4) Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.

(5) Times for holding elections for the office of levee commissioner shall be as prescribed in Laws, 1928, Chapter 12; Laws, 1968, Chapter 574; Laws, 1930, Chapter 85; Laws, 1983, Chapter 317; and Laws, 2010, Chapter 438.

SECTION 37. Section 23-15-211, Mississippi Code of 1972, is amended as follows:

23-15-211. (1) There shall be:

(a) A State Board of Election Commissioners, which shall * * *to consist of the Governor, who shall serve as Chairman;

(b) The Secretary of State, who shall serve as Secretary, maintain minutes of all meetings and accept service of process on behalf of the board; and

Any two (2) of * * *~~whom~~ the members of the State Board of Election Commissioners may perform the duties required of the board * * *;.

* * *

(2) The board of supervisors of each county shall pay members of the county election commission for attending training events a per diem in the amount provided in Section 23-15-153; however, except as otherwise provided in this section, the per diem shall not be paid to an election commissioner for more than twelve (12) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.

(3) Included in this twelve (12) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and chairpersons of each political party executive committee, or their designee, shall be required to attend. An election commissioner shall be certified by the Secretary of State only after attending the annual elections seminar.

(4) Each participant shall receive a certificate from the Secretary of State indicating that the named participant has received the elections training seminar instruction * * *. Election commissioners * * *~~of election~~ shall annually file the certificate with the chancery clerk. If any election commissioner * * *~~of election~~ shall fail to file the certificate by April 30 of each year, his office shall be vacated, absent exigent circumstances as determined by the board of supervisors and consistent with the facts. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Prior to declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.

(5) The Secretary of State, upon approval of the board of supervisors, may authorize not more than eight (8) additional training days per year for election commissioners * * * ~~of election~~ in one or more counties. The board of supervisors of each county shall pay members of the county election commission for attending training on these days a per diem in the amount provided in Section 23-15-153.

* * *~~throughout the state.~~

(6) The duties of the board shall include, but not be limited to:

(a) Rule on a candidate's qualifications for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district and other state district offices;

(b) Approve the state ballot for the offices stated in subparagraph (a) of this subsection (6);

(c) Remove the candidates' names from the ballot for failure to comply with campaign finance filing requirements for the offices stated in subparagraph (a) of this subsection (6) in prior election cycles; and

(d) Adopt such administrative rules and regulations as are necessary to carry out the administration of this chapter.

SECTION 38. Section 23-15-213, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2024, this section shall read as follows:]

23-15-213. (1) At the general election in 1984 and every four (4) years thereafter, there shall be elected five (5) election commissioners * * * ~~of election~~ for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution * * *~~and file~~. The oath shall be filed in the office of the clerk of the chancery court * * *~~, there to remain~~. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.

(2) The qualified electors of each supervisor's district shall elect, at the general election in * * *~~1984~~ 2020 * * *~~and every four (4) years thereafter~~, in their district one (1) commissioner of election. The election commissioners from board of supervisors' Districts One, Three and Five shall serve for a term of four (4) years. The election commissioners from board of supervisors' Districts Two and Four shall serve for a term of six (6) years. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he resides.

(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.

(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chairman or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected unless and until he has received a majority of the votes cast for the position or post for which he is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.

(5) If any election commissioner shall fail to successfully complete the required training seminar or the skills assessment, his or her office shall be vacated. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Prior to declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.

(6) Upon taking office, the county * * *~~board of~~ election commissioners shall organize by electing a chairman and a secretary.

(7) It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.

[From and after January 1, 2024, this section shall read as follows:]

(1) There shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.

(2) (a) At the general election in 2024 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts One, Three and Five shall elect in their district one (1) election commissioner.

(b) At the general election in 2026 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts Two and Four shall elect in their district one (1) election commissioner.

(c) No more than one (1) commissioner shall be a resident of and reside in each supervisors' district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors' district of the county and that each commissioner be elected from the supervisors' district in which he resides.

(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors' district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.

(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors' district in which he seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chairman or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected unless and until he has received a majority of the votes cast for the position or post for which he is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.

(6) In the first meeting in January of each year, the county election commissioners shall organize by electing a chairman and a secretary, who shall serve a one (1) year term. The county election commissioners shall provide the names of the chairman and secretary to the Secretary of State and provide notice of any change in officers which may occur during the year.

(7) It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.

SECTION 39. Section 23-15-215, Mississippi Code of 1972, is amended as follows:

23-15-215. If there shall not be election commissioners * * *~~of election~~ in any county, or if they fail to act, the duties prescribed for them shall be performed by the board of supervisors. In such case, the president of the board is charged with the duty of having the official ballot printed and distributed; and the poll managers * * * ~~of election~~ shall make returns to the board, which shall canvass the returns, give certificates of election, and make report to the Secretary of State, in like manner as the election commissioners * * * ~~of election~~ are required to do.

SECTION 40. Section 23-15-217, Mississippi Code of 1972, is amended as follows:

23-15-217. (1) * * *A An election commissioner * * * ~~of election~~ of any county may be a candidate for any other office at any election held or to be held during the four-year term for which he or she has been elected to the office of election commissioner * * *; provided that he or she has resigned from the office of election commissioner before he or she * * *~~qualifies~~ files to qualify for the office which he or she desires to seek. The clerk for the board of supervisors must have actually received the resignation for it to be deemed submitted.

(2) In any case involving the election of a county election commissioner wherein there is a contest of any nature, including, but not limited to, the right of any person to vote or the counting of any challenge ballot, all the duties and powers of the commission in connection with said contest shall be performed by the board of supervisors, as is contemplated by Section 23-15-215 in cases where there are no election commissioners * * * ~~of election~~ in the county.

SECTION 41. Section 23-15-219, Mississippi Code of 1972, is amended as follows:

23-15-219. (1) The board of election commissioners is hereby authorized and empowered to employ and set or determine the duties of and determine the compensation of such investigators, legal counsel, secretaries, technical advisors and any other employees or persons who or which said board or a majority thereof may deem necessary to enable them to discharge the duties and obligations presently or hereafter vested in them. However, before employing such persons or setting or determining said compensation, the election commissioners must first have the approval of the board of supervisors of the county.

(2) The board of supervisors of the county is authorized and empowered to pay out of the general fund of the county the salaries and necessary traveling and subsistence expenses of * * *~~said~~ the employees of * * *~~said~~ the board of election commissioners in such amounts as may be mutually agreed upon by the * * *~~said~~ board of supervisors and * * *~~said~~ board of election commissioners, but which shall be computed on the same basis allowed to state employees when traveling on state business. All expense accounts of * * *~~said~~ the employees of * * *~~said~~ the board of election commissioners shall be approved by * * *~~said~~ the board of election commissioners and * * *~~said~~ the board of supervisors or, in the discretion of each of * * *~~said~~ the boards, by one (1) of the members of each of * * *~~said~~ the boards duly authorized by the respective boards to approve or disapprove * * *~~said~~ the subsistence, traveling and mileage expense accounts.

(3) Nothing in this section shall be construed to prohibit a person who holds the office of election commissioner * * * ~~of election~~ from being employed and receiving compensation pursuant to this section. Any compensation which such a person may receive from his employment pursuant to this section shall be in addition to any compensation such person may receive in performing his duties as * * *a an election commissioner * * * ~~of election~~.

SECTION 42. Section 23-15-221, Mississippi Code of 1972, is amended as follows:

23-15-221. (1) The governing authorities of municipalities having a population of less than twenty thousand (20,000) inhabitants according to the last federal decennial census shall appoint three (3) election commissioners; the governing authorities of municipalities having a population of twenty thousand (20,000) inhabitants or more and less than one hundred thousand (100,000) inhabitants according to the last federal decennial census shall appoint five (5) election commissioners; and the governing authorities of municipalities having a population of one hundred thousand (100,000) or more according to the last federal decennial census shall appoint seven (7) election commissioners. * * * The municipal election commissioners, in conjunction with the municipal clerk, shall perform all the duties in respect to the municipal election prescribed by law to be performed by the county election commissioners where not otherwise provided. The * * *~~said~~ election commissioners shall, in case there be but one (1) election precinct in the municipality, act as * * *~~election~~ poll managers themselves.

(2) The city council or board of aldermen or other governing authority of any municipality desiring to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners shall adopt an ordinance declaring its intention to enter into an agreement with the municipality's county to have the county election commissioners conduct municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. If the municipality is located in more than one county, the municipality shall choose which county it wants to conduct its elections and other duties of its municipal election commissioners and enter into an agreement with that county to have that county's election commissioners conduct the municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. A certified copy of this ordinance shall be immediately forwarded to the Chairman of the State Board of Election Commissioners. The municipal authorities shall have a copy of the ordinance published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the municipality and having a general circulation therein. The first publication shall be not less than twenty-eight (28) days before the effective date fixed in such ordinance, and the last publication shall be made not less than seven (7) days before such date. If no newspaper is published in the municipality, then notice shall be given by publishing the ordinance for the required time in some newspaper published in the same or an adjoining county having a general circulation in the municipality. A copy of the ordinance shall also be posted at three (3) public places in the municipality for a period of at least twenty-one (21) days during the time of its publication in a newspaper. The publication of the ordinance may be made as provided in Section 21-17-19. Proof of publication must also be furnished to the Chairman of the State Board of Election Commissioners.

(3) If a city council or board of aldermen or other governing authority of any municipality adopt an ordinance to abolish municipal election commissioners in the municipality's county and authorize county election commissioners to conduct the municipal election commissioners duties, the county election commissioners shall conduct all of the duties of the municipal election commissioners including, but not limited to:

(a) Canvass the results of bond elections in a municipality;

(b) Canvass the returns of special and general elections for mayor and councilman and within five (5) days after such special or general election, deliver to each person receiving the highest number of votes a certificate of election;

(c) Certify to the Secretary of State the name or names of the person or persons elected at special and general elections within ten (10) days after any special or general election;

(d) Revise the primary pollbooks for municipalities at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks, except they shall not remove from the pollbook any person who is qualified to participate in primary elections;

(e) Print the pollbooks that are to be used in municipal elections;

(f) Print and distribute the "official ballots";

(g) Perform the duties of poll managers in the event there is only one (1) election precinct in the municipality;

(h) Perform any of the duties required of the municipal executive committee pursuant to Section 23-15-239 if the municipal executive committee has entered into a written agreement with the municipal clerk or the municipal or county election commission that gives such authorization;

(i) Determine whether each party candidate in the municipal general election is a qualified elector of the municipality, and of the ward if the office sought is a ward office, whether each candidate either meets all other qualifications to hold the office he or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office, and whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992;

(j) Declare each candidate elected without opposition, if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subparagraph (i) of this subsection (2);

(k) Canvass the returns for municipal elections received from all voting precincts and within ten (10) days after such election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear that any two (2) or more of the candidates receiving the highest number of votes shall have received an equal number of votes, the election shall be decided by the toss of a coin or by lot, fairly and publicly drawn by the election commissioners.

(l) Transmit the statement provided in Section 23-15-611 to the Secretary of State certifying the name or names of the person or persons elected at municipal elections, and such person or persons shall be issued commissions by the Governor.

(m) Perform the duties required to be performed to comply with the provisions of absentee ballots and absentee voting;

(n) Receiving the filed document by any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361 as a candidate for municipal office elected on the date designated by law for regular municipal elections that specifically sets forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309; and

(o) Perform all other duties with respect to the municipal election prescribed by law.

(4) If the city council or board of aldermen or other governing authority of any municipality do not desire to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners, then nothing in this section shall be construed in any way to affect, alter or modify the existence of those municipal election commissioners now operating under the laws relating to municipal election commissioners provided in Mississippi Code of 1972. Those municipalities shall continue to enjoy the form of election commissions and the conduct of the respective elections that are now enjoyed by them, and each shall be possessed of all rights, powers, privileges and immunities granted and conferred under the laws relating to municipal election commissioners provided in Mississippi Code of 1972.

SECTION 43. Section 23-15-223, Mississippi Code of 1972, is amended as follows:

23-15-223. (1) The State Board of Election Commissioners, on or before the fifteenth day of February succeeding each general election, shall appoint in the several counties registrars of elections, who shall hold office for four (4) years and until their successors shall be duly qualified. The county registrar shall be the clerk of the circuit court, unless the State Board of Election Commissioners finds the circuit clerk to be an improper person to register the names of the electors in the county. The State Board of Election Commissioners shall draft rules and regulations to provide for notice and hearing before removal of the circuit clerk, if notice and a hearing is practicable under the circumstances.

(2) The county registrar is empowered to appoint deputy registrars, with the consent of the board of election commissioners, who may discharge the duties of the registrar.

The clerk of every municipality shall be appointed as such a deputy registrar, as contemplated by the National Voter Registration Act (NVRA).

(3) The county registrar * * *~~may~~ shall not be held liable for any malfeasance or nonfeasance in office by any deputy registrar who is a deputy registrar by virtue of his office.

(4) The Secretary of State, in conjunction with the State Board of Community and Junior Colleges, has developed and made available online the following computer training courses a computer skills training course for all newly appointed registrars that shall be completed within one hundred eighty (180) days of the commencement of their term of office.

SECTION 44. Section 23-15-225, Mississippi Code of 1972, is amended as follows:

23-15-225. (1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:

(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Twenty-nine Thousand Nine Hundred Dollars ($29,900.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).

(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-five Thousand Three Hundred Dollars ($25,300.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).

(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-three Thousand Dollars ($23,000.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).

(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty Thousand Seven Hundred Dollars ($20,700.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).

(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).

(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand One Hundred Dollars ($16,100.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).

(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Thirteen Thousand Eight Hundred Dollars ($13,800.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).

(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).

(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) but not less than Six Thousand Three Hundred Twenty-five Dollars ($6,325.00).

(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).

(2) In the event of a reregistration within such county, or a redistricting which necessitates the hiring of additional deputy registrars, the board of supervisors may by contract compensate the county registrar amounts in addition to the sums prescribed herein, in its discretion.

(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the * * * voter roll as electronically maintained by the Statewide Elections Management System and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.

(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.

(5) The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Five Hundred Dollars ($2,500.00) per year. This payment shall be for the performance of his duties in regard to the conduct of elections and the performance of his other duties.

(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.

(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his services equal to the limitation on compensation prescribed in Section 9-1-43.

SECTION 45. Section 23-15-227, Mississippi Code of 1972, is amended as follows:

23-15-227. (1) The poll managers * * *~~and clerks~~ shall be each entitled to Seventy-five Dollars ($75.00) for each election; however, the board of supervisors may, in its discretion, pay the poll managers * * *~~and clerks~~ an additional amount not to exceed Fifty Dollars ($50.00) per election.

(2) The poll manager or other person who shall carry to the place of voting, away from the courthouse, the official ballots, ballot boxes, pollbooks and other necessities, shall be allowed Ten Dollars ($10.00) for each voting precinct for so doing. The manager or other person who acts as returning officer shall be allowed Ten Dollars ($10.00) for each voting precinct for that service. If a person who performs the duties described in this subsection utilizes a privately owned motor vehicle to perform them, he or she shall receive for each mile actually and necessarily traveled in excess of ten (10) miles, the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel.

(3) The compensation authorized in this section shall be allowed by the board of supervisors, and shall be payable out of the county treasury.

(4) The compensation provided in this section shall constitute payment in full for the services rendered by the persons named for any election, whether there be one (1) election or issue voted upon, or more than one (1) election or issue voted upon at the same time.

SECTION 46. Section 23-15-229, Mississippi Code of 1972, is amended as follows:

23-15-229. The compensation for * * *~~clerks,~~ poll managers and other workers in the polling places of a municipality shall be the same as the compensation paid by the county for such services; provided, however, that the governing authorities of a municipality shall not be required to pay any additional compensation authorized by the board of supervisors. The governing authorities of a municipality may, in their discretion, pay clerks and poll managers in the polling places of the municipality an additional amount of compensation not to exceed Twenty-five Dollars ($25.00) per election.

SECTION 47. Section 23-15-231, Mississippi Code of 1972, is amended as follows:

23-15-231. Prior to every election, the election commissioners * * *~~of election~~ shall appoint three (3) persons for each voting precinct to be poll managers * * * ~~of the election~~, one (1) of whom shall be designated by the election commissioners * * * ~~of election~~ as election bailiff. * * * ~~Such~~ For general and special elections, the poll managers shall not all be of the same political party if suitable persons of different political parties can be found in the district. If any person appointed shall fail to attend and serve, the managers present, if any, may designate someone to fill his place; and if the election commissioners * * * ~~of election~~ fail to make the appointments or in case of the failure of all those appointed to attend and serve, any three (3) qualified electors present when the polls should be opened may act as poll managers. Provided, however, any person appointed to be poll manager or act as poll manager shall be a qualified elector of the county in which the polling place is located.

SECTION 48. Section 23-15-233, Mississippi Code of 1972, is amended as follows:

23-15-233. The poll managers shall take care that the election is conducted fairly and agreeably to law, and they shall be judges of the qualifications of electors, and may examine, on oath, any person duly registered and offering to vote touching his qualifications as an elector, which oath any of the poll managers may administer.

SECTION 49. Section 23-15-235, Mississippi Code of 1972, is amended as follows:

23-15-235. In addition to the poll managers appointed pursuant to Section 23-15-231, for the first five hundred (500) registered voters in each voting precinct, the election commissioners * * *~~of election~~ may, in their discretion, appoint not more than three (3) persons to serve as poll managers * * *~~or clerks~~ of the election. The election commissioners * * *~~of election~~ may, in their discretion, appoint three (3) additional persons to serve as * * *~~clerks~~ poll managers for each one thousand (1,000) registered voters or fraction thereof in each voting precinct above the first five hundred (500), not to exceed six (6) additional poll managers under this section. Any person appointed as * * *~~clerk~~ poll manager shall be a qualified elector of the county in which the voting precinct is located.

* * *

SECTION 50. Section 23-15-237, Mississippi Code of 1972, is amended as follows:

23-15-237. The poll managers * * * ~~and clerks~~ shall be sworn by some officer present competent to administer oaths, or each may be sworn by one of the others, faithfully to perform their duties at the election according to law, and not to attempt to guide, aid, direct or influence any voter in the exercise of his right to vote, except as expressly allowed by law. The oath required by this section shall be recorded in the receipt book and signed by each manager.

SECTION 51. Section 23-15-239, Mississippi Code of 1972, is amended as follows:

[Until January 1, 2020, this section shall read as follows:]

23-15-239. (1) * * *~~(a)~~ The executive committee of each county, in the case of a primary election, or the election commissioners * * *~~of election~~ of each county, in the case of all other elections, in conjunction with the circuit clerk, shall, in the years in which counties conduct an election, sponsor and conduct, not less than five (5) days prior to each election, not less than four (4) hours and not more than eight (8) hours of poll manager training * * *~~sessions~~ to instruct poll managers as to their duties in the proper administration of the election and the operation of the polling place. Any poll manager who completes the online training course provided by the Secretary of State's office shall only be required to complete two (2) hours of in-person poll manager training. No poll manager shall serve in any election unless he has received such instructions once during the twelve (12) months immediately preceding the date upon which such election is held; however, nothing in this section shall prevent the appointment of an alternate manager to fill a vacancy in case of an emergency. The county executive committee or the election commissioners * * * ~~of election~~, as appropriate, shall train a sufficient number of alternates to serve in the event a poll manager is unable to serve for any reason.

* * *

(2) (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 chairman of the county executive committee and the circuit clerk or the chairman 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 chairman of the municipal executive committee and the municipal clerk or the chairman 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.

(3) The board of supervisors, in their discretion, may compensate poll managers who attend such training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Poll managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.

(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.

(5) Subject to the following annual limitations, the election commissioners * * * ~~of election~~ shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in conducting training sessions as required by this section:

(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;

(h) In counties having two hundred twenty-five thousand (225,000) residents or more according to the latest federal decennial census * * *, not more than twenty-two (22) days per year;

* * *

(6) Election commissioners * * *~~of election~~ shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).

(7) (a) To provide poll manager training, the Secretary of State has developed a single, comprehensive poll manager training program to ensure uniform, secure elections throughout the state. The program includes online training on all state and federal election laws and procedures and voting machine opening and closing procedures.

(b) County election commissioners shall designate no more than two (2) poll managers per precinct, who shall individually access and complete the online training program, inclusive of all skills assessments, at least five (5) days prior to an election. Such poll managers shall be defined as "certified poll managers," entitling them to a "Certificate of Completion" and compensation for the successful completion of the training and skills assessment in the amount of Twenty-five Dollars ($25.00) payable from the Help Mississippi Vote Fund. Compensation to any poll manager under this section shall not exceed Twenty-five Dollars ($25.00) per calendar year.

(c) Beginning with every election held after January 1, 2018, at least one (1) certified poll manager shall be appointed by the county election officials to work in each polling place in the county during each general election.

[From and after January 1, 2020, this section shall read as follows:]

23-15-239. (1) * * *~~(a)~~ The executive committee of each county, in the case of a primary election, or the election commissioners * * *~~of election~~ of each county, in the case of all other elections, in conjunction with the circuit clerk, shall, in the years in which counties conduct an election, sponsor and conduct, not less than five (5) days prior to each election, not less than four (4) hours and not more than eight (8) hours of poll manager training * * *~~sessions~~ to instruct poll managers as to their duties in the proper administration of the election and the operation of the polling place. Any poll manager who completes the online training courses provided by the Secretary of State's office shall only be required to complete two (2) hours of in-person poll manager training. No poll manager shall serve in any election unless he has received such instructions once during the twelve (12) months immediately preceding the date upon which such election is held; however, nothing in this section shall prevent the appointment of an alternate manager to fill a vacancy in case of an emergency. The county executive committee or the election commissioners * * * ~~of election~~, as appropriate, shall train a sufficient number of alternates to serve in the event a poll manager is unable to serve for any reason.

* * *

(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;

(h) In counties having two hundred twenty-five thousand (225,000) residents or more according to the latest federal decennial census * * *, not more than twenty-two (22) days per year;

* * *

(6) Election commissioners * * *~~of election~~ shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).

(b) County poll managers who individually access and complete the online training program, inclusive of all skills assessments, at least five (5) days prior to an election shall be defined as "certified poll manager," entitling them to a "Certificate of Completion."

(c) At least one (1) certified poll manager shall be appointed by county election officials to work in each polling place in the county during each general election.

SECTION 52. Section 23-15-240, Mississippi Code of 1972, is amended as follows:

23-15-240. (1) The officials in charge of the election in a county or municipality may, in their discretion, appoint not more than two (2) students for each precinct to serve as student interns during elections. To be appointed a student intern a student must:

(a) Be recommended by a principal or other school official, or the person responsible for the student's legitimate home instruction program;

(b) Be at least sixteen (16) years of age at the time of the election for which the appointment is made;

(d) Be enrolled in a public high school, an accredited private high school or a legitimate home instruction program and be classified as a junior or senior or its equivalent, or be enrolled in a junior college or a college or university; and

(e) Meet any additional qualifications considered necessary by the officials in charge of the election in the county or municipality.

(2) (a) The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; however, such duties shall not include:

(i) Determining the qualifications of a voter in case a voter is challenged;

(ii) The discharge of any duties related to affidavit ballots;

(iii) The operation and maintenance of any voting equipment;

(iv) Any duties normally assigned to a bailiff; or

(v) The tallying of votes.

(b) Student interns shall at all times be under the supervision of the poll managers * * * ~~and clerks~~ of the election while performing their duties at precincts.

(3) Before performing any duties, student interns shall attend all required training for poll managers * * * ~~and clerks~~ of the county or municipality and any additional training considered necessary by the officials in charge of the election in the county or municipality.

(4) As used in this section "officials in charge of the election" means the county or municipal executive committee, as appropriate, in primary elections and the county or municipal election commission, as appropriate, in all other elections.

SECTION 53. Section 23-15-241, Mississippi Code of 1972, is amended as follows:

23-15-241. The poll manager designated an election bailiff shall, in addition to his other duties, be present during the election to keep the peace and to protect the voting place, and to prevent improper intrusion upon the voting place or interference with the election, and to arrest all persons creating any disturbance about the voting place, and to enable all qualified electors who have not voted, and who desire to vote, to have unobstructed access to the polls for the purpose of voting when others are not voting.

SECTION 54. Section 23-15-243, Mississippi Code of 1972, is amended as follows:

23-15-243. If the election commissioners * * * ~~of election~~ fail to designate a poll manager as the bailiff, or if their designee fails to serve, the poll managers * * * ~~of election~~ may select an election bailiff from among their number.

SECTION 55. Section 23-15-245, Mississippi Code of 1972, is amended as follows:

23-15-245. It shall be the duty of the poll manager designated as bailiff to be present at the voting place, and to take such steps as will accomplish the purpose of his appointment, and he shall have full power to do so, and he may summon to his aid all persons present at the voting place. A space thirty (30) feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except election officials, individuals present to vote and credentialed poll watchers as defined by Section 23-15-577. * * * The electors shall approach the polls from one direction, line, door or passage, and depart in another as nearly opposite as convenient.

SECTION 56. Section 23-15-247, Mississippi Code of 1972, is amended as follows:

23-15-247. The election commissioners * * * ~~of election~~ in each county shall procure, if not already provided, a sufficient number of ballot boxes, which shall be distributed by them to the voting precincts of the county before the time for opening the polls. The boxes shall be * * * securely sealed from the opening of the polls on election day until the polls close on election day; * * * and the box shall be kept by one of the managers * * * ~~and the key by another of the managers~~, and the manager having the box shall carefully keep it, and neither * * *~~unlock or~~ open it himself nor permit it to be * * *~~done~~ opened, nor permit any person to have any access to it * * *~~during the time of adjournment~~ throughout the voting period during an election. The box shall not be removed from the polling building or place after the polls are opened until the polls close and the count is complete. * * * After each election the ballot boxes shall be delivered * * *~~, with the keys thereof,~~ to the clerk of the circuit court of the county for preservation; and he or she shall keep them for future use, and, when called for, deliver them to the election commissioners * * * ~~of election~~.

SECTION 57. Section 23-15-249, Mississippi Code of 1972, is amended as follows:

23-15-249. The failure to distribute to the different voting places the pollbooks containing the alphabetical list of voters, or the ballot boxes provided for, shall not prevent the holding of an election, but in such case the poll managers shall proceed to hold the election without the books and ballot boxes, and shall provide some suitable substitute for the ballot boxes, and conform as nearly as possible to the law in the reception and disposition of the official ballots.

SECTION 58. Section 23-15-251, Mississippi Code of 1972, is amended as follows:

23-15-251. The election commissioners * * * ~~of election~~, in appointing the poll managers of an election, shall designate one (1) of the poll managers at each voting place to receive and distribute the official ballots, and shall deliver to him the proper number of ballots * * * ~~and cards of instruction~~ for his district not less than one (1) day before the election; and the poll manager receiving the ballots from the election commissioners shall distribute the same to the electors of his district in the manner herein provided. It shall be the duty of * * *~~said person so designated as aforesaid~~ the designated poll manager for service at a voting place other than the courthouse, to carry to the said voting place, on the day previous to the election, or before 6:00 a.m. on the morning of the election, the ballot box, the pollbook, the blank tally sheets, the blank forms to be used in making returns, the other necessary stationery and supplies and the official printed ballots aforesaid, and all of the same used and unused shall be returned by the designated poll manager * * * ~~designated as aforesaid~~to the election commissioners * * * ~~of election~~ on the day next following the election.

SECTION 59. Section 23-15-253, Mississippi Code of 1972, is amended as follows:

23-15-253. The election commissioners * * * ~~of election~~ shall furnish to the poll managers at each voting place a sufficient quantity of stationery for use in holding the election, and also blank forms to be used in making returns of the election, including * * * the precinct opening and closing log, the election ballot account form and the electronic vote tally worksheet provided by the Secretary of State's office.

SECTION 60. Section 23-15-255, Mississippi Code of 1972, is amended as follows:

23-15-255. (1) The supervisor of each respective supervisors district shall provide at each election place a sufficient number of voting compartments, shelves and tables for the use of electors, which shall be so arranged that it will be impossible for a voter in one compartment to see another voter who is preparing his ballot. The number of voting compartments and shelves or tables shall not be less than one (1) to every two hundred (200) electors in the voting precinct. * * *

(2) The poll managers of each precinct shall publicly post the following information at the precinct polling place on the day of any election:

(a) A sample * * *~~version of the~~ ballot that will be used at the election;

(b) * * * The hours during which the polling places will be open;

a vote and how to cast an affidavit ballot;

(d) Instruction for persons who have registered to vote by mail and first time voters, if appropriate;

(e) General information on voting rights, including information on the right of an individual to cast an affidavit ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and

(f) The consequences under federal and state laws regarding fraud and misrepresentation * * *.;

(g) A list of voters in each polling place that have already cast an absentee ballot; and

(h) The acceptable forms of photo identification that may be presented in the polling place.

SECTION 61. Section 23-15-259, Mississippi Code of 1972, is amended as follows:

23-15-259. The boards of supervisors of the several counties are authorized to allow compensation of the officers rendering services in matters of registration and elections, to provide ballot boxes, * * *~~registration and pollbooks~~ voter rolls as maintained by the Statewide Elections Management System, and all other things required by law in registration and elections. * * *~~Said~~ The boards are also authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to allow such reasonable sum as may be expended in supplying voting compartments, tables or shelves for use at elections.

* * *

SECTION 62. Section 23-15-261, Mississippi Code of 1972, is amended as follows:

23-15-261. The election commissioners * * * ~~of election~~ shall, after each election, make out a list of all persons who served as poll managers * * * ~~and clerks~~ at the election, designating for what service each is entitled to pay, certify to the correctness of the same, and file it with the clerk of the board of supervisors * * *~~; and~~. An allowance shall not be made to any such officer unless his service be so certified.

SECTION 63. Section 23-15-265, Mississippi Code of 1972, is amended as follows:

23-15-265. (1) The county executive committee of each county shall meet not less than two (2) weeks before the date of any primary election and appoint the poll managers * * *~~and clerks~~ for same, all of whom may be members of the same political party. The number of poll managers * * * ~~and clerks~~ appointed by the county executive committee shall be the same number as election commissioners * * * ~~of election~~ are allowed to appoint pursuant to Sections 23-15-231 and 23-15-235. If the county executive committee fails to meet on the date named, supra, further notice shall be given of the time and place of meeting.

SECTION 64. Section 23-15-267, Mississippi Code of 1972, is amended as follows:

23-15-267. (1) The ballot boxes provided by the * * *~~regular~~ election commissioners * * * ~~of election~~ in each county shall be used in primary elections, and the county executive committees shall distribute them to the voting precincts of the county before the time for opening the polls, in the same manner, as near as may be, as that provided for in general elections.

(2) * * * The boxes shall be securely sealed and locked beginning from the start of voting on election day until the end of voting on election day; and the box shall be kept by one (1) of the poll managers, and the poll manager having the box shall carefully keep it, and neither open it himself nor permit it to be done, nor permit any person to have any access to it throughout voting during election day. The box shall not be removed from the polling * * *~~building or~~ place after the polls are open until the polls close and the count is completed * * *.

(3) After each election, the ballot boxes * * * shall be delivered * * * to the clerk of the circuit court of the county for preservation; and he shall keep them for future use, and, when called for, deliver them to the election commissioners.

(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 chairman of the county executive committee and the circuit clerk or the chairman 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 chairman of the municipal executive committee and the municipal clerk or the chairman 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.

(5) The person, or persons, whose duty it is to comply with the provisions of this section and who shall fail, or neglect, from any cause, to deliver said boxes or any of them as herein provided shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and be imprisoned in the county jail of the residence of the person, or persons, who violates any of the provisions of this section, for a period of not less than thirty (30) days or more than six (6) months, and fined not more than Five Hundred Dollars ($500.00).

SECTION 65. Section 23-15-271, Mississippi Code of 1972, is amended as follows:

23-15-271. (1) The state executive committee of any political party authorized to conduct political party primaries shall form an election integrity assurance committee for each congressional district. The state executive committee shall appoint three (3) of its members to each congressional district election integrity assurance committee. The members so appointed shall be residents of the congressional district for which the election integrity assurance committee is formed. The state executive committee shall name a chairman and a secretary from among the members of each committee. The state executive committee shall provide to each circuit and municipal clerk a list of the members of the congressional district integrity assurance committee for the congressional district in which the county or municipality of such clerk is located.

(2) If within sixty (60) days of an election, * * *If a county executive committee or a municipal executive committee fails to attend training or perform in a timely manner any of the duties specified in Sections 23-15-239, 23-15-265, 23-15-267, 23-15-333, 23-15-335 and 23-15-597 and there is no written agreement in place between the county or municipal executive committee and the county or municipal election commission or the circuit or municipal clerk pursuant to such sections, or there is such an agreement in place and it is not being executed, the circuit or municipal clerk * * *~~may~~ shall notify the chairman and secretary of the congressional district election integrity assurance committee or the Chairman of the state executive committee of such failure and call upon them to take immediate and appropriate action to insure that such duties are performed in order to secure the orderly conduct of the primary. * * * Upon receiving the notice, the election integrity assurance committee shall be responsible for conducting any required training and shall be authorized to contract on behalf of the county or municipal executive committee with the county or municipal election commission or the circuit or municipal clerk for the conduct of the primary election.

(3) Nothing in this section shall be construed to authorize the state executive committee or a congressional district election assurance committee to conduct primaries.

SECTION 66. Section 23-15-281, Mississippi Code of 1972, is amended as follows:

23-15-281. (1) Each county shall be divided into supervisors districts, which shall be the same as those for the election of members of the board of supervisors, and may be subdivided thereafter into voting precincts; and there shall be only one (1) voting place in each voting precinct * * *. Provided, however, that such boundaries, if altered, shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation except county lines and municipal corporate limits. The board of supervisors * * *~~, no later than April 1, 1987,~~ shall notify the * * *~~office~~ Office of the Secretary of State of the boundary of each supervisors district and voting precinct as then fixed and shall provide said office a legal description and a map of each supervisors district and voting precinct and shall indicate the voting place in each such district. The board of supervisors shall also ensure the legal description and map of each supervisor's district is available in the circuit clerk's office for public inspection.

(2) The board of supervisors is authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to purchase improved or unimproved property and to construct, reconstruct, repair, renovate and maintain polling places, or to pay to private property owners reasonable rental fees when the property is used as a polling place for a period not to exceed the day immediately preceding the election, the day of the election, and the day immediately following the election. On or before May 1, 2017, the county board of supervisors shall ensure each polling place is accessible to all voters, structurally sound, capable of providing air conditioning and heating and compliant with the Americans with Disabilities Act.

(3) All facilities owned or leased by the state, county, municipality, or school district may be made available at no cost to the board of supervisors for use as polling places to such extent as may be agreed to by the authority having control or custody of such facilities.

SECTION 67. Section 23-15-283, Mississippi Code of 1972, is amended as follows:

23-15-283. (1) The board of supervisors shall have power to alter the boundaries of the supervisors districts, voting precincts and the voting place therein. If the board of supervisors orders a change in the boundaries, they shall notify the election commissioners * * *~~of election~~, who shall at once cause the * * *~~registration books~~ voter rolls as maintained by the Statewide Elections Management System of voting precincts affected by the order to be changed to conform to the change so as to contain only the names of the qualified electors in the voting precincts as made by the change of boundaries. Upon the order of change in the boundaries of any voting precinct or the voting place therein, the board of supervisors shall notify the Office of the Secretary of State and provide the Office of the Secretary of State a legal description and a map of any boundary change. No change shall be implemented or enforced until the requirements of this section have been met.

(2) Only officials certified by the Secretary of State shall be authorized to implement boundary line changes in the Statewide Elections Management System. The training and certification required under this subsection (2) shall be available to the circuit clerk, county election commissioners or any other individual designated by the board of supervisors to be responsible for implementing boundary line changes into the Statewide Elections Management System.

(3) Any governmental entity authorized to adopt, amend or change boundary lines will immediately forward all changed boundary lines to the appropriate circuit clerk, who shall, if authorized under subsection (2), implement the boundary line changes in the Statewide Elections Management System. If the circuit clerk is not the appropriate person to implement the boundary line changes, the clerk shall immediately forward a copy of all materials to the appropriate person. Copies of any boundary line changes within the county will be maintained in the office of the circuit clerk and made available for public inspection. No change shall be implemented or enforced until the requirements of this section have been met.

SECTION 68. Section 23-15-293, Mississippi Code of 1972, is amended as follows:

23-15-293. Candidates for state * * * ~~and~~, state district * * * ~~office,~~ and * * *~~candidates for~~ legislative offices * * * shall be voted for and nominated by all the counties or parts of counties within their respective districts, and all said district nominations shall be under the supervision and control of the state executive committee of the respective political parties, which committees shall discharge in respect to such state district nominations all the powers and duties imposed upon them in connection with nominations of candidates for other state officers.

SECTION 69. Section 23-15-299, Mississippi Code of 1972, is amended as follows:

23-15-299. (1) (a) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held * * *. If March 1 or the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required by this subsection shall be due by 5:00 p.m. on the last business day immediately preceding March 1 or such qualifying deadline.

* * *

(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for legislative offices, shall be paid by each candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. If March 1 or the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required by this subsection shall be due by 5:00 p.m. on the last business day immediately preceding March 1 or such qualifying deadline. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days. No candidate may attempt to qualify with any political party which does not have a duly organized county executive committee, and the circuit clerk shall not accept any assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297 for nonlegislative offices in which the circuit clerk does not have contact information for the secretary of the county executive committee.

(3) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required by this subsection shall be due by 5:00 p.m. on the last business day immediately preceding March 1 or such qualifying deadline. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.

(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, the email address of the candidate, if any, and the office for which he or she is a candidate.

(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot.

(5) The secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.

(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as * * *~~committeemen~~ committee members, and of their secretary and may pay the secretary such salary as may be reasonable.

(7) Upon receipt of the proper fee and all necessary information, the proper executive committee shall then determine whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve at the time of the qualifying deadline unless otherwise provided by law, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper executive committee finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot. If the proper executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.

Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.

(8) No candidate may qualify by filing the information required by this section by using the Internet.

SECTION 70. Section 23-15-303, Mississippi Code of 1972, is amended as follows:

23-15-303. When two (2) or more political parties or political organizations are holding primary elections, each shall be conducted entirely independent of the other but at the same time.

* * *

SECTION 71. Section 23-15-307, Mississippi Code of 1972, is amended as follows:

23-15-307. The name of any candidate shall not be placed upon the official ballot in general elections as a party nominee who is not nominated as herein provided, and the election of any party nominee who shall be nominated otherwise than as provided in this chapter shall be void and he shall not be entitled to hold the office to which he may have been elected. * * * ~~No political party shall be entitled to recognition, as such, in the appointment of the county or precinct election officers, unless it has made its nominations as herein provided.~~

SECTION 72. Section 23-15-309, Mississippi Code of 1972, is amended as follows:

23-15-309. (1) Nominations for all municipal officers which are elective shall be made at a primary election, or elections, to be held in the manner prescribed by law. All persons desiring to be candidates for the nomination in the primary elections shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least sixty (60) days prior to the first primary election, no later than 5:00 p.m. on such deadline day.

(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he is affiliated, the email address of the candidate, if any, and the office for which he is a candidate.

(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. No candidate may attempt to qualify with any political party which does not have a duly organized municipal executive committee, and the municipal clerk shall not accept any assessments made pursuant to paragraph (1) in which the municipal clerk does not have contact information for the secretary of the municipal executive committee. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. Such funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.

(4) Upon receipt of the above information, the proper municipal executive committee shall then determine, at the time of the qualifying deadline, whether each candidate is a qualified elector of the municipality, and of the ward if the office sought is a ward office, shall determine whether each candidate either meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper municipal executive committee finds that a candidate either (a) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (b) has been convicted of a felony as described in this subsection and not pardoned, then the * * * executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot. If the executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.

(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.

SECTION 73. Section 23-15-311, Mississippi Code of 1972, is amended as follows:

23-15-311. All the expenses of printing the tickets, paying the poll managers, clerks and returning officer of a municipal primary election shall be paid by the municipality from the general funds thereof, but such officers of primary elections shall receive only such compensation as is authorized by law or ordinance to be paid poll managers, clerks and returning officer for like services rendered in the * * *~~final and regular~~ general elections held in such municipality.

SECTION 74. 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 * * *~~prior to~~ before the election as required by law. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. 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 order in which 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 * * *~~this subsection~~ paragraphs (e) and (f) * * *is 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, there shall be only one (1) person who has duly qualified to be a candidate for the office in the primary election, the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person 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 chairman of the county executive committee and the circuit clerk or the chairman 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.

SECTION 75. Section 23-15-351, Mississippi Code of 1972, is amended as follows:

23-15-351. It shall be the duty of the chairman of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the * * *~~said~~ election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law. The printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.

* * *

SECTION 76. Section 23-15-353, Mississippi Code of 1972, is amended as follows:

23-15-353. The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he shall have printed and distributed a sufficient number of ballots for use in each precinct. * * *

SECTION 77. Section 23-15-355, Mississippi Code of 1972, is amended as follows:

23-15-355. Ballots in all elections shall be printed and distributed at public expense and shall be known as "official ballots." The expense of printing such ballots shall be paid out of the county treasury, except that in municipal elections such expenses shall be paid by the respective cities, towns and villages. * * *

SECTION 78. Section 23-15-359, Mississippi Code of 1972, is amended as follows:

23-15-359. (1) The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures * * *. , if the candidates meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:

(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.

(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.

(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.

(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.

(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.

(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.

(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.

(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of such political party. In the event such candidate qualifies as an independent as provided in this section, he shall be listed on the ballot as an independent candidate.

(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.

(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the State Board of Election Commissioners by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates for nominations in the political party primary elections are required to pay the fee provided for in Section 23-15-297, Mississippi Code of 1972; however, no petition may be filed before January 1 of the year in which the election for the office is held.

(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates for nominations in the political party elections are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners * * * ~~of election~~ of all persons who have filed petitions with such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.

(5) The election commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of such local issue must be filed with the election commissioners * * * ~~of election~~ by the appropriate governing authority not less than sixty (60) days * * *~~previous to~~ before the date of the election.

(6) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.

(7) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the State Board of Election Commissioners and signed by not less than fifty (50) qualified electors.

(8) The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The election commission shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The election commission also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state, unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the appropriate election commission finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot. * * * If the appropriate election commission determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.

(9) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election, the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (8) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.

(10) The petition required by this section may not be filed by using the Internet.

SECTION 79. Section 23-15-361, Mississippi Code of 1972, is amended as follows:

23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant in the primary election, and that the person whose name is presented by him was nominated by such primary election. The municipal election commissioners * * *~~designated~~ who are required to have the ballots printed, shall also have printed on the ballot in any municipal general election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:

(a) For an office elected by the qualified electors of a municipality or a municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.

(b) For an office elected by the qualified electors of a municipality or a municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.

(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary election are required to pay the fee provided for in Section 23-15-309, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each municipal office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. * * * In the event such candidate qualifies as an independent as herein provided, he shall be listed on the ballot as an independent candidate.

(3) The clerk of the municipality shall notify the municipal election commissioners * * * ~~of election~~ of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.

(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.

(5) The municipal election commission shall determine whether each party candidate in the municipal general election is a qualified elector of the municipality, and of the ward if the office sought is a ward office and shall determine whether each candidate either meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The municipal election commission also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the municipal election commission finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described above and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he meets all qualifications to hold the office subject to no contingencies, then the name of the candidate shall not be placed upon the ballot.

(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the election commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.

SECTION 80. Section 23-15-365, Mississippi Code of 1972, is amended as follows:

23-15-365. (1) * * *~~There~~ (a) In general and special elections, there shall be left on each ballot one (1) blank space under the title of each office to be voted for, and in the event of the death, resignation, withdrawal or removal of any candidate whose name shall have been printed on the official ballot, the name of the candidate duly substituted in the place of such candidate who is qualified to hold the office may be written in such blank space by the voter.

(b) In all primary elections, there shall be left on each ballot one (1) blank space under the title of each office to be voted for, and in the event of the death, resignation, or withdrawal of a candidate, the name of any individual who is qualified to hold the office may be written in such blank space by the voter.

(2) The provisions of subsection (1) of this section shall not apply to elections conducted under the Nonpartisan Judicial Election Act.

SECTION 81. Section 23-15-367, Mississippi Code of 1972, is amended as follows:

23-15-367. (1) Except as otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2) of this section, * * * the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot.

(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;

(ii) United States Senator or United States Representative;

(b) Candidates for the following statewide office * * *;: 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 * * * paragraphs (e) and (f) is left to the discretion of the * * * county election commissioners. Nominees of the political parties, qualified to conduct primary elections as defined in Section 23-15-291, shall be listed first alphabetically by the candidate's last name, followed by any other candidates listed alphabetically by last name.

(3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated election commissioner of each county a sample of the official ballot, not less than fifty-five (55) days * * *~~prior to~~ before the election, the general form of which shall be followed as nearly as practicable.

SECTION 82. Section 23-15-369, Mississippi Code of 1972, is amended as follows:

23-15-369. (1) (a) Whenever a constitutional amendment is submitted to the vote of the people, the substance of * * *~~such~~ the amendment shall be printed in clear and unambiguous language on the ballot after the list of candidates, if any, followed by the word "YES" and also by the word "NO", and shall be styled in such a manner that a "YES" vote will indicate approval of the proposal and a "NO" vote will indicate rejection.

(b) The substance of the amendment shall be an explanatory statement not exceeding seventy-five (75) words in length of the chief purpose of the measure. Such statement shall be prepared by the Legislature and included in the concurrent resolution proposing the amendment to the Constitution. The statement shall avoid, whenever possible, the use of legal terminology or jargon and shall use instead, simple, ordinary, everyday language. The Secretary of State shall give each proposed constitutional amendment a designating number for convenient reference specific to the election in which the amendment appears on the ballot. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification of the amendments. The Secretary of State shall furnish the designating number and the substance of each amendment to the circuit clerk of each county in which such amendment is to be voted on.

(c) The full text of each proposed constitutional amendment shall be published by the Secretary of State as provided for in Section 7-3-39, * * *~~Mississippi Code of 1972~~, and shall be posted prominently in all polling places, with copies of said proposed amendment to be otherwise available at each polling place.

(2) Except as may be otherwise provided in subsection (1) of this section, whenever any public measure, question or matter that requires an affirmative or negative vote is submitted to a vote of the electors, the measure or matter shall be printed on the ballot and also the words "FOR" or "AGAINST" to be so arranged by the proper officer so that the voter can intelligently vote his or her preference.

SECTION 83. Section 23-15-371, Mississippi Code of 1972, is amended as follows:

23-15-371. In case the official ballots prepared shall be lost or destroyed, the election commissioners * * * ~~of election~~ shall have like ballots furnished in place of those lost or destroyed, if time remain therefor. If from any cause there should be no official ballots or an insufficient number at a voting place, and not sufficient time in which to have them printed, the ballots may be written; but, if written by anyone except the voter alone for himself or herself, the names of all candidates shall be written thereon, without any mark or device by which one name may be distinguished from another, and such ballots shall be marked by the voter as provided for printed ballots. If the poll manager designated fails to have the ballots at the voting place at the proper time, or if he fails to distribute them, the poll managers, or those of them present at the election, shall provide ballots, and select some suitable person to distribute them, who shall take the oath required of the poll managers, and distribute the ballots according to law.

SECTION 84. Section 23-15-373, Mississippi Code of 1972, is amended as follows:

23-15-373. Within one (1) day after election day, the poll managers * * * ~~of election~~ shall report to the election commissioners, under oath, as to the loss of official ballots, the number lost, and all facts connected therewith, which report the commissioners may deliver to the grand jury, if deemed advisable.

SECTION 85. Section 23-15-375, Mississippi Code of 1972, is amended as follows:

23-15-375. Local issue elections may be held on the same date as any regular or general election. A local issue election held on the same date as the regular or general election shall be conducted in the same manner as the regular or general election using the same poll workers and the same equipment. A local issue may be placed on the regular or general election ballot pursuant to the provisions of Section 23-15-359 * * *,~~Mississippi Code of 1972~~. The provisions of this section and Section 23-15-359 with regard to local issue elections shall not be construed to affect any statutory requirements specifying the notice procedure and the necessary percentage of qualified electors voting in such an election which is needed for adoption of the local issue. Whether or not a local issue is adopted or defeated at a local issue election held on the same day as a regular or general election shall be determined in accordance with relevant statutory requirements regarding the necessary percentage of qualified electors who voted in * * *~~such~~ the local issue election, and only those persons voting for or against such issue shall be counted in making that determination. As used in this section "local issue elections" include elections regarding the issuance of bonds, local option elections, elections regarding the levy of additional ad valorem taxes and other similar elections authorized by law that are called to consider issues that affect a single local governmental entity. As used in this section "local issue" means any issue that may be voted on in a local issue election.

SECTION 86. Section 23-15-391, Mississippi Code of 1972, is amended as follows:

23-15-391. The board of supervisors of each county * * *~~in the State of Mississippi~~ and the governing authorities of each municipality shall utilize * * * optical mark reading equipment or direct recording electronic voting equipment which shall comply with the specifications provided by law. The election commissioners may * * *~~designate~~ conduct special and municipal elections, as well as runoff elections that result, * * * ~~to be administered~~ by paper ballot * * *~~where~~ when the election commissioners determine that administration of an election by paper ballot will be less expensive than administration of the same election by * * * optical mark reading equipment or direct recording electronic voting equipment.

SECTION 87. Section 23-15-503, Mississippi Code of 1972, is amended as follows:

23-15-503. As used in this subarticle, unless otherwise specified:

(a) "Optimal mark reading (OMR)" means * * *~~optical mark reading~~ a method of capturing data electronically into a computer system.

(b) "Optical mark reading equipment (OMR)" means * * *~~any~~ an apparatus that reads pen and pencil marks made in pre-defined positions on paper ballots * * *~~necessary~~ to automatically examine and count votes * * * ~~as designated on paper ballots~~.

* * *

( * * *ed) "Marking device" means a pen or pencil * * * ~~which~~ that the voters use to record their * * *~~votes by marking a~~ paper ballots, readable by the OMR equipment.

( * * *fe) "Ballot" means a paper ballot on which votes are recorded by means of marking the ballot with a marking device.

SECTION 88. Section 23-15-505, Mississippi Code of 1972, is amended as follows:

23-15-505. The board of supervisors of any county * * *~~in the State of Mississippi~~ and the governing authorities of any municipality * * * ~~in the State of Mississippi~~ are hereby authorized and empowered, in their discretion, to purchase or rent * * *~~optical mark reading~~ OMR equipment * * *~~used in an electronic voting system~~ which meets the requirements of Section 23-15-507 and may use such system in all or a part of the precincts within its boundaries. * * * The provisions of this chapter shall be controlling with respect to elections * * *~~where any~~ in which OMR * * *~~system~~ equipment is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, * * *~~that are to be manually tabulated,~~ insofar as they are applicable, * * * shall apply.

SECTION 89. Section 23-15-507, Mississippi Code of 1972, is amended as follows:

23-15-507. No * * *~~optical mark reading~~ OMR equipment * * *~~system~~ shall be acquired or used in accordance with this chapter unless it shall:

(a) Permit * * *~~each~~ eligible voters to vote at any election for all persons * * *~~and no others~~ for whom * * *~~and for which~~ they are lawfully entitled to vote; to vote for as many persons for an office as they are lawfully entitled to vote * * *~~for~~; to vote for or against any ballot initiative, measure or other local issue * * *~~questions~~ upon which they are lawfully entitled to vote;

(b) The OMR * * *~~tabulating~~ equipment shall be capable of rejecting choices * * * ~~recorded~~ marked on the ballot if the number of choices exceeds the number which the voter is entitled to vote for the office or on the measure;

(c) Permit each voter, * * *at in presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;

(d) Permit each voter, * * *at in other than primary elections, to vote for the nominees of one or more parties and for independent * * *~~nominees~~ candidates;

(e) Permit each voter to vote for candidates only in the primary in which * * *~~they are~~ he or she is qualified to vote;

(f) Permit each voter to vote for persons whose names are not on the printed ballot;

(g) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;

(h) Be provided with means for sealing the ballots after the close of the polls * * * ~~and the last voter has voted~~;

(i) When properly operated, record correctly and count accurately all votes cast; and

(j) Provide the voter with a set of instructions that will be * * *so displayed in such a way that a voter may readily learn the method of voting.

SECTION 90. Section 23-15-511, Mississippi Code of 1972, is amended as follows:

23-15-511. The ballots shall, as far as practicable, * * *to be in the same order of arrangement as provided for paper ballots that are to be counted manually, except that * * *~~such~~ the information may be printed in vertical or horizontal rows. Nothing in this chapter shall be construed as prohibiting the information being presented to the voters from being printed on both sides of a single ballot. In those years when a special election shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot by the election commissioners * * * ~~of elections~~ or officials in charge of the election, but the general election candidates shall be clearly distinguished from the special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot by the officials in charge of the election, but shall be clearly distinguished as special election candidates or primary election candidates.

Ballots shall be printed in plain clear type in black ink and upon clear white materials of such size and arrangement as to be compatible with the OMR * * *~~tabulating~~ equipment. * * * Arrows may be printed on the ballot to indicate the place to mark the ballot, which may be to the right or left of the names of candidates and propositions. The titles of offices may be arranged in vertical columns on the ballot and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. In case there are more candidates for an office * * *~~then~~ than can be printed in one (1) column, the ballot shall be clearly marked that the list of candidates is continued on the following column. The names of candidates for each office shall be printed in vertical columns, grouped by the offices which they seek. In partisan elections, the party designation of each candidate, which may be abbreviated, shall be printed following his name.

* * *~~Two (2)~~ One (1) sample * * *~~ballots~~ ballot, which shall be a facsimile * * *~~ballots~~ of the official ballot and instructions to the voters, shall be provided for each precinct and shall be posted in each polling place on election day.

A separate ballot security envelope or suitable equivalent in which the voter can place his ballot after voting, shall be provided to conceal the choices the voter has made. * * *

SECTION 91. Section 23-15-513, Mississippi Code of 1972, is amended as follows:

23-15-513. (1) The official ballots, sample ballots and other necessary forms and supplies of the forms and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same official, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots that are to be counted manually.

(2) For each primary * * *~~or general~~ election, the number of official ballots that shall be printed by each executive committee shall be * * * not less than one hundred twenty-five percent (125%) of the highest number of votes cast in a comparable primary election conducted by the same political party in the preceding ten (10) years.

(3) For each general election, the number of official ballots that shall be printed shall be a number equal to not less than sixty percent (60%) of the registered voters eligible to vote in the election.

SECTION 92. Section 23-15-515, Mississippi Code of 1972, is amended as follows:

23-15-515. The circuit * * *~~court~~ clerk shall be the custodian of OMR * * *~~tabulating~~ equipment acquired by the county, who shall be charged with the proper storage, maintenance and repair of the OMR equipment * * *. The municipal clerk shall be the custodian of the OMR equipment acquired by the municipality, and shall be charged with the proper storage, maintenance and repair of the OMR equipment. The custodian or the officials in charge of the election shall repair or replace any * * *~~tabulating~~ OMR equipment which fails to function properly on election day. * * *

SECTION 93. Section 23-15-517, Mississippi Code of 1972, is amended as follows:

23-15-517. At least * * *~~thirty (30) minutes~~ one (1) hour before the opening of the polls, the * * *~~voting precinct election officers~~ officials in charge of the election shall arrive at the polling place and set up the voting booths so that they will be in clear view of the * * *~~election officers~~ poll managers; the * * *~~voting precinct election officers~~ poll managers shall examine the ballots to verify that they have the correct ballots for their precinct and check the supplies, records and forms, and post the sample ballots and instructions to the voters. They shall also inspect the ballot boxes to insure they * * * ~~are empty~~ contain only voted absentee ballots in their envelopes with the required applications, and then seal the box for voting.

Each voter shall receive written and/or verbal instructions by the * * *~~voting precinct election official~~ poll managers instructing the voter how to properly vote the paper ballot before * * *~~they~~ the voter enters the voting booth. If any voter needs additional instructions after entering the voting booth, two (2) * * *~~election officers~~ poll managers may, if necessary, enter the booth and give him or her such additional instructions. If any voter spoils a ballot * * *he the voter may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word "SPOILED" shall be written across the face of the ballot and it shall be * * * deposited into the sealed ballot box. * * * When the polls close once the last ballot has been cast or at 7:00 p.m., whichever is later, and the poll managers break the seal on the ballot box to process the absentee ballots, ballots marked as spoiled shall be bundled together and placed in an envelope designated for spoiled ballots. Once the polls have officially closed, the envelope that contains the spoiled ballots and the unused ballots * * * shall be placed in * * *~~a container~~ the ballot box or other container provided for that purpose which shall be sealed and returned to the officials in charge of the election.

SECTION 94. Section 23-15-519, Mississippi Code of 1972, is amended as follows:

23-15-519. The poll managers shall prepare a ballot accounting report * * *~~in duplicate~~ that documents * * *of the number of voters who have voted, as indicated by the * * *~~poll list~~ receipt book and the number of ballots used in the election. * * *~~, and shall place this~~ The report shall be placed in the ballot box, with the seal logs, receipt books, absentee ballots, affidavit ballots, challenged ballots, curbside ballots, emergency ballots, spoiled ballots and unused ballots, which thereupon shall be sealed with a * * *~~paper~~ tamper-evident seal * * *~~signed by the managers~~, which is a seal that has been designed in such a way to allow someone to easily detect any tampering, so that no additional ballots may be deposited or removed from the ballot box. The poll managers, while they have possession of the election materials, and the officials in charge of the election, once the poll managers have delivered the ballot box to the counting center or other designated place, shall be required to keep a seal log to document each time a tamper-evident seal for a ballot box is opened or changed. The seal log shall require the name of the person who opened the seal, the old seal number, the new seal number, the date the seal was opened and the purpose for opening the seal. The receiving and returning poll manager * * * shall * * *~~forthwith~~ deliver the ballot box to the counting center or other designated place and receive a signed, numbered receipt therefor. The poll * * * books and other records and supplies * * *, shall be returned as directed by the officials in charge of the election. Failure to strictly comply with the provisions of this section shall not result in a presumption of fraud.

SECTION 95. Section 23-15-521, Mississippi Code of 1972, is amended as follows:

23-15-521. * * *~~Prior to the start of the~~ Before starting to count * * *of the ballots, the election commissioners, or their designees, * * * shall have the OMR * * *~~tabulating~~ equipment tested to ascertain that it will accurately count the votes cast for all offices and on all measures. Representatives of the political parties, candidates, the press and the general public may witness the test conducted on the OMR * * * ~~tabulating~~ equipment. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the OMR * * *~~tabulating~~ equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made and certified to by the officials in charge before the count is started. On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots.

SECTION 96. 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 * * * 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 * * * shall appoint qualified electors who have received the training required by subsection (11) of this section to serve as * * *~~judges on~~ 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 * * *~~tabulating~~ equipment and that are damaged or defective, blank or overvoted will be reviewed by * * *~~said~~ the board. Election commissioners * * *~~of election~~, candidates who are on the ballot * * *~~at the election~~ 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 * * *~~tabulating~~ 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 * * * shall have the * * * ~~judges on~~ 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." Subsequent 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 * * *~~tabulating~~ equipment.

(4) Ballots that have been rejected by the OMR * * *~~tabulating~~ equipment for appearing to be "blank" shall be examined by the resolution board 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 * * * ~~tabulating~~ equipment and which contain overvotes shall be inspected by the resolution board. * * *~~Regarding those~~ If the rejected ballots upon which an overvote appears and voter intent cannot be determined by * * *~~inspection of~~ the resolution board exist, the officials in charge of the election may use the OMR * * *~~tabulating~~ equipment in determining the vote in the races which are unaffected by the overvote. All other ballots which 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 * * *~~tabulating~~ 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 which contains or appears to contain one or more overvotes, appears to be damaged or defective, or is rejected by the OMR * * *~~tabulating~~ equipment for any reason or cannot be counted by the OMR * * * ~~tabulating~~ 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) No write-in vote for a candidate whose name is printed on the ballot shall be regarded as * * *~~defective~~ invalid due to misspelling a candidate's name, or by abbreviation, addition or omission or use of a wrong initial in the name, as long as the intent of the voter can be ascertained.

(d) In any case where a voter writes in the name of a candidate for President of the United States whose name is printed on the general election ballot, the failure by the voter to write in the name of a candidate for the Office of Vice President of the United States on the general election ballot does not invalidate the elector's vote for the slate of electors for any candidate whose name is written in for the Office of President of the United States.

(e) 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.

(f) 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 * * *~~tabulating~~ equipment shall be programmed, calibrated, adjusted and set up to reject ballots that appear * * *~~cards that appear~~ to be damaged or defective. Any switch, lever or feature on OMR * * *~~tabulating~~ equipment that enables or permits the OMR * * *~~tabulating~~ equipment to override the rejection of damaged or defective ballots * * *~~cards~~ so that such * * *~~cards~~ ballots will not be reviewed by the resolution board, shall not be utilized.

(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 * * *~~tabulating~~ 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 * * *~~tabulating~~ 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 utilized to meet the requirements of this subsection (11).

SECTION 97. Section 23-15-525, Mississippi Code of 1972, is amended as follows:

23-15-525. (1) The Secretary of State shall have the power to issue supplementary instructions and procedures for the safe and efficient use of OMR * * *~~tabulating~~ equipment within the State of Mississippi and to carry out the purpose of the chapter. Subject to such instructions and procedures provided by the Secretary of State and the provisions of this chapter, the election commissioners * * * ~~of elections~~ shall have the power to make * * *~~all necessary and desirable~~ additional provisions for the conduct of elections with * * *~~approved electronic voting systems.~~ the OMR equipment.

(2) If for any reason the OMR equipment shall become inoperable, the poll managers shall direct voters to operating OMR equipment or to cast emergency paper ballots. Such paper ballots shall be administered in accordance with the laws concerning paper ballots.

SECTION 98. Section 23-15-531, Mississippi Code of 1972, is amended as follows:

23-15-531. * * *~~As used in this subarticle:~~

"Direct recording electronic voting equipment (DRE-unit)" means a computer driven unit for casting and counting votes on which an elector touches a video screen or a button adjacent to a video screen to cast his or her vote.

SECTION 99. Section 23-15-531.1, Mississippi Code of 1972, is amended as follows:

23-15-531.1. * * * ~~Each DRE unit shall~~

(1) The board of supervisors of each county and the governing authorities of each municipality are hereby authorized and empowered, in their discretion, to purchase or rent DRE voting equipment which meets the requirements of subsection (2) of this section and may use such system in all or a part of the precincts within its boundaries. The provisions of this chapter shall be controlling with respect to elections in which a DRE unit is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable, shall apply.

(2) No DRE unit shall be acquired or used in accordance with this chapter unless it shall:

(a) Permit the voter to verify, in a private and independent manner, the votes selected by the voter on the ballot before the ballot is cast and counted;

(b) Provide the voter with the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is cast and counted, including, but not limited to, the opportunity to correct the error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct any error;

(i) Notify the voter that he or she has selected more candidates for that office than are eligible for election;

(ii) Notify the voter before his or her vote is cast and counted of the effect of casting multiple votes for such an office; and

(iii) Provide the voter with the opportunity to correct the ballot before the ballot is cast and counted * * *.;

(d) Produce a permanent paper record with a manual audit * * * capability;

(e) Have the capability to print the ballots cast by electors * * *;

(f) Be accessible for individuals with disabilities, including, but not limited to, nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters. This requirement may be satisfied through the use of at least one (1) DRE unit or other voting unit equipped for individuals with disabilities at each polling place;

(g) Provide alternative language accessibility pursuant to the requirements of the Voting Rights Act of 1965; and

(h) Have a residual vote rate in counting ballots attributable to the voting system and not to voter error that complies with error rate standards established under the voting system standards issued by the Federal Election Commission * * *~~which were~~ in effect as of October 29, 2002.

SECTION 100. Section 23-15-531.2, Mississippi Code of 1972, is amended as follows:

23-15-531.2. * * *~~DREs~~ DRE units shall be arranged in the polling place in such a manner as to:

(a) Ensure the privacy of the elector while voting on * * *~~such~~ the units;

(b) Allow monitoring of the units by the poll managers while the polls are open; and

(c) Permit the public and lawful poll watchers to observe the voting without affecting the privacy of the electors as they vote.

SECTION 101. Section 23-15-531.3, Mississippi Code of 1972, is amended as follows:

23-15-531.3. (1) The ballots for * * *~~DREs~~ DRE units shall be of such size and arrangement as will suit the construction of the DRE screen and shall be in plain, clear type that is easily readable by persons with normal vision.

(2) (a) If the * * *~~equipment~~ DRE unit has the capacity for color display, the names of all candidates in a particular race shall be displayed in the same color, font and size, and the political party or affiliation of candidates may be displayed in a color different from that used to display the names of the candidates, but all political * * *~~party~~ parties or affiliations shall be displayed in the same color. All political party names shall be displayed in the same size and font.

(b) All ballot questions, local options, referenda and constitutional amendments shall be displayed in the same color.

SECTION 102. Section 23-15-531.4, Mississippi Code of 1972, is amended as follows:

23-15-531.4. * * *

( * * *21) The circuit clerk shall be the custodian of the DRE units acquired by the county.

* * *

( * * *4a2) On or before the third day preceding any election, except runoff elections, the officials in charge of the election shall be charged with the proper storage, maintenance and repair of the DRE unit. The municipal clerk shall be the custodian of the DRE unit acquired by the municipality, who shall be charged with the proper storage, maintenance and repair of the DRE unit. * * *

* * *

(3) The custodian shall provide compensation for the safe storage and care of the DRE units and related equipment if the same are stored and secured by a person or entity other than the circuit or municipal clerk.

SECTION 103. Section 23-15-531.5, Mississippi Code of 1972, is amended as follows:

23-15-531.5. (1) The arrangement of offices, names of candidates and ballot questions upon the DRE ballots shall conform as nearly as practicable to the arrangement of offices, names of candidates and ballot questions on paper ballots.

* * *

(2) The officials in charge of the election of each county or municipality shall cause the creation of the database for each DRE unit which is to be used in any precinct within the county or municipality.

SECTION 104. Section 23-15-531.6, Mississippi Code of 1972, is amended as follows:

23-15-531.6. (1) For each primary or general election, the officials in charge of the election shall utilize at least seventy-five percent (75%) of all * * *~~the~~ DRE * * *~~units that are available~~ units available to the county or municipality, as the case may be. For all other elections in which the officials in charge of the election choose to utilize DRE units, at least one-third (33.3%) of all DRE units available to the county or municipality, as the case may be, shall be used in such elections.

(2) The officials in charge of the election shall ensure the delivery of the proper DRE units to the polling places of the respective precincts at least one (1) hour before the time for opening the polls at each election and shall cause each unit to be set up in the proper manner for use in voting.

(3) (a) On or before the second day preceding any election, the election commissioners or their designee(s) shall cause each DRE unit to be tested for logic and accuracy to ascertain that the units will correctly count the votes cast for all offices and on all questions, in a manner the Secretary of State may further prescribe by rule or regulation.

(b) Public notice of the time and place of the test shall be made at least five (5) days before the date of the test. Representatives of candidates, political parties, news media and the public shall be permitted to observe the testing of the DRE units.

(4) The election commissioners or their designee(s) shall test all memory cards and encoders to be used in any election.

(5) The officials in charge of the election shall require that each DRE unit be * * * ~~thoroughly tested,~~ inspected and sealed * * *~~prior to~~ before the delivery of each DRE unit to the polling place. * * *~~Prior to~~ Before opening the polls each day on which the DRE units will be used in an election, the poll manager shall break the seal on each unit, turn on each unit, certify that each unit is operating properly and is set to zero, and print a zero tape certifying that each unit is set to zero and shall keep or record such certification on each unit.

( * * *46) The * * *~~officials in charge of the election~~ election commissioners and poll managers shall provide ample protection against molestation of and injury to the DRE units, and, for that purpose, the * * *~~officials in charge of the election~~ election commissioners and poll managers may call upon any law enforcement officer to furnish any assistance that may be necessary. It shall be the duty of any law enforcement officer to furnish assistance when so requested by the * * *~~officials in charge of the election~~ election commissioner or poll manager.

( * * *57) The officials in charge of the election, in conjunction with the governing authorities, shall, at least one (1) hour prior to the opening of the polls:

(a) Provide sufficient lighting to enable electors to read the ballot and * * * to enable poll managers * * *~~in examining~~ to examine the booth and * * *~~conducting~~ conduct their responsibilities;

(b) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and provide at least * * *~~two (2)~~ one (1) sample * * *~~ballots~~ ballot for * * *~~the~~ each primary or general election which shall be prominently posted outside the enclosed space within the polling place;

(c) Ensure that each DRE * * *~~unit's~~ unit and its tabulating mechanism is secure throughout the day * * * ~~during the primary or general election~~; and

(d) Provide such other materials and supplies as may be necessary or required by law.

SECTION 105. Section 23-15-531.9, Mississippi Code of 1972, is amended as follows:

23-15-531.9. (1) A duly qualified elector shall cast his or her vote on a DRE unit by touching the screen or pressing the appropriate button on the DRE unit for the candidate or * * * ~~issue~~ ballot measure of the elector's choice. After pressing the appropriate button on the DRE unit or location on the screen to cast the ballot, the elector's vote shall be final and shall not be subsequently altered.

(2) If an elector leaves the voting booth without having pressed the appropriate button on the DRE unit or location on the screen to finally cast his or her ballot and cannot be located to return to the booth to complete the voting process, then a poll manager shall take the steps necessary to void the ballot that was not completed by the elector and an appropriate record shall be made of the event, or the DRE unit shall be allowed to time-out, thereby voiding the ballot.

SECTION 106. Section 23-15-531.10, Mississippi Code of 1972, is amended as follows:

23-15-531.10. (1) In elections in which DRE voting equipment is used, the ballots shall be counted at the precinct under the direction of the officials in charge of the election. All persons who perform any duties at the precinct shall * * *~~be deputized by~~ take the * * *~~officials~~ oath provided in * * *~~charge~~ Section 268 Mississippi Constitution of 1890 * * *~~of the election~~ and only those persons * * *~~so deputized~~ shall touch any ballot, container, paper or machine utilized in the conduct of the count or be permitted * * *~~to be~~ in the immediate area * * * where the ballots are counted.

(2) All proceedings at the precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the officials in charge of the election shall touch any ballot, any DRE unit or the tabulating equipment.

(3) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:

(a) The poll manager shall obtain the results tape from each DRE unit and verify that the number of ballots cast as recorded on the tape matches the public count number as displayed on the DRE unit; and

(b) * * * The poll manager shall * * *~~then~~ extract the memory card, if applicable, from each DRE unit.

(4) (a) Upon completion of shutting down each DRE unit and extracting the election results, the poll manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:

(i) The number of valid ballots;

(ii) The number of spoiled * * * ~~and invalid~~ ballots;

(iii) The number of affidavit ballots; * * *~~and~~

(iv) The number of accepted and rejected absentee ballots;

(v) The number of challenged and rejected ballots; and

(vi) The number of unused * * *~~affidavit~~ paper ballots * * * ~~and any other unused ballots~~.

(b) The poll manager shall cause to be placed in the ballot box or supply container, should the supply container be capable of being sealed and secured, one (1) copy of the recap form * * * ~~and any unused, defective~~, affidavit ballots, absentee ballots, spoiled * * * ballots, challenged and rejected ballots and any unused paper ballots.

(5) The poll manager shall collect and retain the zero tape and the results tape for each DRE unit and place the tapes with the memory card, if any, for each unit and enclose all such items for all of the DRE units used in the precinct in * * *~~one (1) envelope or communication pack~~ the memory card transport bag which shall be sealed and initialed by the poll manager so that it cannot be opened without breaking the seal. The memory card transport bag shall be placed in the ballot box.

(6) The receiving and returning poll manager shall then deliver the * * *~~envelope or communication pack~~ sealed ballot box to the tabulating center for the county or municipality or to such other place designated by the officials in charge of the election and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records and other materials shall be returned to the designated location and retained as provided by law.

(7) Upon receipt of the sealed * * *~~envelope or communication pack~~ ballot box and memory card transport bag therein containing the zero tapes, results tapes and memory cards, the officials in charge of the election shall * * * break the seal of the * * *~~envelope or communication pack~~ memory card transport bag and remove its contents. The officials in charge of the election shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification.

SECTION 107. Section 23-15-531.12, Mississippi Code of 1972, is amended as follows:

23-15-531.12. If for any reason any * * * DRE unit shall become inoperable, the poll managers, or the officials in charge of the election, shall direct voters to * * *~~go to~~ an operating * * *~~terminal~~ DRE unit or to cast * * * emergency paper ballots. Such paper ballots shall be administered * * *~~, as far as is practicable,~~ in accordance with the laws concerning paper ballots.

SECTION 108. Section 23-15-541, Mississippi Code of 1972, is amended as follows:

23-15-541. (1) At all elections, the polls shall be opened promptly at * * *~~seven o'clock in the morning~~ 7:00 a.m. and be kept open until the last qualified voter, who was standing in line at the polling place at 7:00 p.m., has cast his or her ballot, or 7:00 p.m., whichever is later. * * * One (1) hour before opening * * *of the polls, and not before, the poll managers * * * ~~of the election~~ shall designate two (2) of their number, other than the poll manager * * *~~theretofore~~ who was designated as the receiving and returning poll manager * * *~~to receive the blank ballots~~, who shall * * *~~thereupon~~ be known respectively as the initialing poll manager and the alternate initialing poll manager. The alternate initialing poll manager, in the absence of the initialing poll manager, shall perform all of the duties and undertake all of the responsibilities of the initialing poll manager. When any person entitled to vote shall appear to vote, the poll managers shall located the name of the voter in the pollbook, identify the voter by requiring the voter to submit acceptable photo identification as required by Section 23-15-563, and then allow the voter * * *~~shall~~ to sign his or her name in a receipt book or booklet provided for that purpose and to be used at that election only. * * * ~~and said receipt book or booklet shall be used in lieu of the list of voters who have voted formerly made by the managers or clerks; whereupon and not before,~~ After the voter has signed the receipt book or booklet, the initialing poll manager or, in his or her absence, the alternate initialing poll manager shall endorse his or her initials on the back of an official blank ballot, prepared in accordance with law, and at such place on the back of the ballot that the initials may be seen after the ballot has been marked and folded, and when so endorsed he or she shall deliver it to the voter, which ballot the voter shall mark in the manner provided by law, which when done the voter shall deliver the ballot to the initialing poll manager or, in his or her absence, to the alternate initialing poll manager, in the presence of the others, and the poll manager shall see that the ballot so delivered bears on the back thereof the genuine initials of the initialing poll manager, or alternate initialing poll manager, and if so, but not otherwise, the ballot shall be put into the ballot box; and when so done one (1) of the poll managers * * * mark the pollbook "VOTED" across from the name of the voter and in the appropriate column. If the voter is unable to write his or her name on the receipt book, a poll manager * * *~~or clerk~~ shall note on the back of the ballot that it was receipted for by * * * ~~his~~ the poll manager's assistance.

(2) * * *~~(a)~~ A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.

(a) Where the poll managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) * * *~~or more~~ poll managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle. * * *~~, and after~~ After determining * * *~~whether~~ the disabled person is a qualified elector as provided by law by locating the disabled elector's name in the pollbook, the poll managers shall identify the disabled elector by requiring the elector to submit acceptable photo identification as required by Section 23-15-563 and then allow the elector to sign his or her name in the receipt book and * * *~~, shall allow the disabled elector to~~ cast his or her ballot in secret. To ensure the secrecy of the vote of the disabled elector, other passengers in the motor vehicle, except the disabled elector and any other disabled persons in the motor vehicle, shall exit the motor vehicle until the disabled elector has completed the casting of his or her ballot. After the disabled elector casts his or her ballot, the managers shall mark * * *~~the pollbook~~ "VOTED" by the elector's name and in the appropriate column in the pollbook.

(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing poll manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing poll manager or alternate initialing poll manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "VOTED" by the elector's name and in the appropriate column in the pollbook. The initialing poll manager or alternate initialing poll manager shall without delay place the ballot in the ballot box.

(c) If, while a voter is voting by curbside, there are less than three (3) poll managers immediately present within the polling place conducting an election * * * ~~or a political party primary~~, all voting at the polls shall stop until the poll managers conducting the curbside voting * * *~~procedure~~ return to the polls so that there are at least three (3) poll managers immediately present within the polling place to conduct the election * * * ~~or party primary at all times~~, and until a minimum of three (3) poll managers are present, the remaining poll manager or poll managers shall ensure the security of the ballot box, the voting devices, and any ballots and election materials.

(3) Nothing in this section shall prevent a voter from requesting voter assistance as provided in Section 23-15-549.

SECTION 109. Section 23-15-543, Mississippi Code of 1972, is amended as follows:

23-15-543. The receipt booklet, mentioned in Section 23-15-541, shall not be taken out of the polling place at any time until finally * * *~~inclosed~~ enclosed in the ballot box, except in case of any adjournment, when the receipt * * *~~booklet~~ book shall be * * *~~locked~~ sealed in the ballot box.

SECTION 110. Section 23-15-547, Mississippi Code of 1972, is amended as follows:

23-15-547. * * *If Instead of placing the signatures of voters in a paper receipt book, the signatures of voters may be electronically captured in the * * * polling place and a paper version of the signatures of voters may be generated after the * * *~~ballot~~ close of the * * * polling place, which shall * * * be sealed in the ballot box.

SECTION 111. Section 23-15-551, Mississippi Code of 1972, is amended as follows:

23-15-551. On receiving his or her ballot, the voter shall * * *~~forthwith~~ 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 choice for each office * * *~~to be filled~~ or by * * * ~~filling~~ writing in the name of * * *~~the~~ a candidate * * *~~substituted~~ in the blank space provided * * *~~therefor~~, and marking a cross (X) opposite thereto, and likewise a cross (X) opposite the answer he 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 * * *~~his~~ 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 * * *~~to be filled,~~ or by * * * ~~filling~~ writing in the name of * * *~~the~~ a candidate * * * ~~substituted~~in the blank space provided * * *~~therefor,~~ 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 * * *~~the~~ its markings * * *~~thereof~~, 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 * * *~~of the election for~~ , then deposit * * *in his or her ballot directly into the ballot box * * *; .This * * *he shall * * *do be done without undue delay, and as soon as * * *he the voter has voted he or she shall * * *~~quit~~ promptly exit the * * *~~inclosed~~ polling place * * *~~at once~~. 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 * * *be are not waiting, nor longer than five (5) minutes if other voters * * *be 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 112. Section 23-15-553, Mississippi Code of 1972, is amended as follows:

23-15-553. A person shall not take or remove any ballot from the polling place before the close of the polls. If any voter spoils a ballot he or she may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word "SPOILED" shall be written across the face of the ballot and each shall be deposited into the sealed ballot box. When the polls have closed upon the casting of the last ballot or 7:00 p.m., whichever is later, and the poll managers break the seal upon the ballot box to begin closing procedures, those ballots marked as "SPOILED" shall be bundled together and placed in a separate strong envelope provided for spoiled ballots. The envelope containing all spoiled ballots shall be sealed in the ballot box once the poll managers have completed the closing procedures and returned the materials to the officials in charge of the election.

SECTION 113. Section 23-15-563, Mississippi Code of 1972, is amended as follows:

23-15-563. (1) Each person who shall appear to vote in person at a polling place or the registrar's office shall be required to identify himself or herself to * * *~~an election~~ poll manager or the registrar by presenting current and valid photo identification before such person shall be allowed to vote.

(2) The identification required by subsection (1) of this section shall include, but not be limited to, the following:

(a) A current and valid Mississippi driver's license;

(b) A current and valid identification card issued by a branch, department, agency or entity of the State of Mississippi;

(d) A current and valid employee identification card containing a photograph of the elector and issued by any branch, department, agency or entity of the United States government, the State of Mississippi, or any county, municipality, board, authority or other entity of this state;

(e) A current and valid Mississippi license to carry a pistol or revolver;

(f) A valid tribal identification card containing a photograph of the elector;

(g) A current and valid United States military identification card;

(h) A current and valid student identification card, containing a photograph of the elector, issued by any accredited college, university or community or junior college in the State of Mississippi; and

(i) An official Mississippi voter identification card containing a photograph of the elector.

(3) (a) A person who appears to vote in person at a polling place and does not have identification as required by this section may vote by affidavit ballot. The affidavit ballot shall then be counted if the person shall present acceptable photo identification to the registrar within five (5) days.

(b) An elector who has a religious objection to being photographed may vote by affidavit ballot, and the elector, within five (5) days after the election, shall execute an affidavit in the registrar's office affirming that the exemption applies.

* * *

( * * *54) The intentional failure of an election official to require a voter to present identification as required by this section shall be considered corrupt conduct under Section 97-13-19 and shall be reported to the Secretary of State and the Attorney General.

SECTION 114. Section 23-15-571, Mississippi Code of 1972, is amended as follows:

23-15-571. (1) The following persons shall be designated as authorized challengers and shall be allowed to challenge the qualifications of any person offering to vote:

(a) Any candidate whose name is on the ballot in the precinct in which the challenge is made;

(b) Any official poll watcher of a candidate whose name is on the ballot in the precinct in which the challenge is made;

(d) Any qualified elector from the precinct in which the challenge is made; or

(e) Any poll manager * * *~~, clerk~~ or poll worker in the polling place where the person whose qualifications are challenged is offering to vote.

(2) The challenge of any authorized challenger shall be considered and acted upon by the poll managers of the election.

(3) A person offering to vote may be challenged upon the following grounds:

(a) That * * * he the voter is not a registered voter in the precinct;

(b) That * * *he the voter is not the registered voter under whose name * * *he the voter has applied to vote;

(d) That * * *he the voter is not a resident in the precinct where * * *he the voter is registered;

(e) That * * *he the voter has illegally registered to vote;

(f) That * * *he the voter has removed his or her ballot from the polling place; or

(g) That * * *he the voter is otherwise disqualified by law.

SECTION 115. Section 23-15-573, Mississippi Code of 1972, is amended as follows:

23-15-573. (1) If any person declares that he or she is a registered voter in the jurisdiction in which he or she offers to vote and that he or she is eligible to vote in the election, but his or her name does not appear upon the pollbooks, or that he or she is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote, or that he or she has been illegally denied registration, or that he or she is unable to present an acceptable form of photo identification:

(a) A poll manager shall notify the person that he or she may cast an affidavit ballot at the election.

(b) The person shall be permitted to cast an affidavit ballot at the polling place upon execution of a written affidavit before one (1) of the poll managers * * *~~of election~~ stating that the individual:

(i) Believes he or she is a registered voter in the jurisdiction in which he or she desires to vote and is eligible to vote in the election; or

(ii) Is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote; or

(iii) Believes that he or she has been illegally denied registration; or

(iv) Is unable to present an acceptable form of photo identification.

(c) The poll manager shall allow the individual to * * *~~prepare his vote~~ mark a paper ballot properly endorsed by the initialing poll manager or alternate initialing poll manager in accordance with Section 23-15-541, which shall be delivered by him or her to the proper election official who shall enclose it in an affidavit ballot envelope, with the written and signed affidavit of the voter affixed to the envelope, seal the envelope and mark plainly upon it the name of the person offering to vote.

(2) The affidavit ballot envelope shall include:

(a) The complete name * * * of the voter;

(b) A present and previous physical and mailing address of the voter;

( * * *bd) A statement that the affiant believes he or she is registered to vote in the jurisdiction in which he or she offers to vote;

( * * *ce) The signature of the affiant; and

( * * *df) The signature of * * *a the poll manager at the * * *~~precinct~~ polling place at which the affiant offers to vote.

(3) (a) A separate * * *~~register~~ receipt book shall be maintained for affidavit * * *~~ballots~~ voters and the * * *~~affiant~~ affidavit voters shall sign the * * *~~register~~ receipt book upon completing the affidavit ballot.

(b) If the affidavit voter is casting an affidavit ballot because the voter is unable to present an acceptable form of photo identification and the voter's name appears in the pollbook, then the poll manager shall write "NO ID" across from the voter's name and in the appropriate column in the pollbook.

( * * *bc) In canvassing the returns of the election, the executive committee in primary elections, or the election commissioners in other elections, shall examine the records and allow the ballot to be counted, or not counted as it appears legal.

(d) An affidavit ballot of a voter who was unable to present an acceptable form of photo identification shall not be rejected for this reason if the voter does either of the following:

(i) Returns to the circuit clerk's office within five (5) business days after the date of the election and presents an acceptable form of photo identification;

(ii) Returns to the circuit clerk's office within five (5) business days after the date of the election to obtain the Mississippi Voter Identification Card; or

(iii) Returns to the circuit clerk's office within five (5) business days after the date of the election to execute a separate Affidavit of Religious Objection.

(4) When a person is offered the opportunity to vote by affidavit ballot, he or she shall be provided with written information that informs the person how to ascertain whether his or her affidavit ballot was counted and, if the vote was not counted, the reasons the vote was not counted.

(5) The officials in charge of the election shall process all affidavit ballots by using the Statewide Elections Management System. The officials in charge of the election shall account for all affidavit ballots cast in each election, categorizing the affidavit ballots cast by reason and recording the total number of affidavit ballots counted and not counted in each such category in the Statewide Elections Management System.

( * * *56) The Secretary of State shall, by rule duly adopted, establish a uniform * * *~~affidavit and~~ affidavit ballot envelope which shall be used in all elections in this state. The Secretary of State shall print and distribute a sufficient number of * * *~~affidavits and~~ affidavit ballot envelopes to the registrar of each county for use in elections. The registrar shall distribute the * * *~~affidavits and~~ affidavit ballot envelopes to municipal and county executive committees for use in primary elections and to municipal and county election commissioners for use in all other elections.

( * * *67) County registrars and municipal registrars shall * * *~~implement~~ maintain a secure free access system that complies with the Help America Vote Act of 2002, by which persons who vote by affidavit ballot may determine if their ballots were counted, and if not, the reasons the ballot was not counted.

( * * *78) Any person who votes in any election as a result of a federal or state court order or other order extending the time established by law for closing the polls on an election day, may only vote by affidavit ballot. Any affidavit ballot cast under this subsection shall be separated and kept apart from other affidavit ballots cast by voters not affected by the order.

SECTION 116. Section 23-15-575, Mississippi Code of 1972, is amended as follows:

23-15-575. * * * No person shall vote or attempt to vote in the primary election of one (1) party when he or she has voted on the same date in the primary election of another party. No person shall vote or attempt to vote in the second primary election of one (1) party when he or she has voted in the first primary election of another party.

SECTION 117. Section 23-15-577, Mississippi Code of 1972, is amended as follows:

23-15-577. (1) Each candidate on the ballot shall have the right, either in person or by a * * *~~representative to be named by him~~ credentialed poll watcher, to be present at the polling place * * *, . In general and special elections, each political party having a candidate on the ballot shall have the right to be represented at the polling place by two (2) credentialed poll watchers.

(2) A credentialed poll watcher means a poll watcher of good conduct and behavior, authorized in writing to act as the representative of a candidate on the ballot or political party having a candidate on the ballot. The written authorization of the candidate or political party must be presented to a poll manager by the certified poll watcher upon arrival at the polling place. * * *~~and~~

(3) * * * ~~the~~ Poll managers shall provide * * *~~him or his representative~~ candidates and credentialed poll watchers with a suitable position from which * * *~~he or his representative~~ they may be able to * * *~~carefully inspect~~ clearly see and hear the manner in which the election is held. Candidates and credentialed poll watchers shall be authorized to bring their own poolbooks, whether in a print or electronic form, to the polling place during each general and special election.

(4) * * *~~He or his representative~~ Candidates and credentialed poll watchers shall be allowed to challenge the qualifications of any person offering to vote, and * * * ~~his~~ their challenge shall be considered and acted upon by the poll managers. However, candidates and credentialed poll watchers shall not be allowed to interfere in the election process, which shall include, but not be limited to:

(a) Communicating with any voter;

(b) Physically touching or handling any ballot, absentee ballot envelope, absentee ballot application or affidavit ballot envelope;

(d) Photographing the receipt books while at the polling place.

SECTION 118. Section 23-15-579, Mississippi Code of 1972, is amended as follows:

23-15-579. (1) All votes, which shall be challenged at the polls, whether the question be raised by a poll manager or * * *by another authorized challenger, shall be * * * considered by * * *~~one (1) of~~ the poll managers * * * at that time.

(2) When it shall so clearly appear in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from * * *~~official~~ documentary evidence, or * * *~~indubitable~~ oral evidence then presented to the poll managers, that the challenge is well taken, the vote shall be rejected entirely and shall not be counted * * *; . * * *~~but~~ In such case, the * * *~~rejected ballot, after it~~ challenged voter shall mark his choices and cast his vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll manager on the back "REJECTED" and the name of the voter and the reason the ballot of the challenged voter was rejected shall also be written on the back * * *~~, and said vote and all other~~ of the ballot. All rejected ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all rejected * * *~~votes~~ ballots shall be placed in a separate strong envelope * * *~~and sealed~~ and returned * * *in to the box. * * *as

(3) When it shall so clearly appear in the * * *case of challenged votes. The failure of a candidate to challenge a vote or votes at a box shall not preclude him from later showing, in the manner provided by law, that one or more votes have been improperly received or counted or returned as regards said box. If the managers of an election believe a challenge of a voter is frivolous or unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary evidence, or oral evidence then presented to the poll managers, that the challenge is frivolous and not made in good faith, * * *~~they may~~ the poll managers shall disregard * * *~~such~~ the challenge and * * *~~accept the offered~~ the voter shall cast his or her vote as other voters in the polling place as though not challenged.

(4) When it shall not so clearly appear whether the challenge is well taken or frivolous and no unanimous decision can be made by the poll managers, the challenged voter shall mark his choices and cast his vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll managers on the back "CHALLENGED," and the name of the voter and the reason the challenge of the voter was made shall also be written on the back of the ballot. All challenged ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all challenged ballots shall be removed therefrom and separately counted, tallied and totaled with a separate return made of the challenged votes. Challenged ballots shall be placed in a separate strong envelope, and returned to the ballot box.

SECTION 119. Section 23-15-581, Mississippi Code of 1972, is amended as follows:

23-15-581. When the * * *~~polls shall be closed~~ last qualified voter, who was standing in line at the polling place at 7:00 p.m., has cast his or her ballot, or 7:00 p.m., whichever is later, the poll managers shall proclaim that the polls are closed and * * *~~then~~ publicly break the seal and open the ballot box * * *~~and~~ to immediately proceed to count the ballots, at the same time reading aloud the names of the persons voted for, which shall be taken down * * *. During the holding of the election and the counting of the ballots, the whole proceedings shall be in fair and full view of the voting public, candidates or their duly authorized representatives and other authorized poll watchers, without unnecessary interference, delay or encroachment upon the good order of the duties and proceedings of the poll managers and other officers of the election. * * * There shall be no unnecessary delay and no adjournment except as provided by law.

SECTION 120. Section 23-15-591, Mississippi Code of 1972, is amended as follows:

23-15-591. When the votes have been completely and correctly counted and tallied by the poll managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the * * *~~said~~ result, * * *~~said~~ the certificate to be signed by the poll managers * * * ~~and clerks~~, one (1) of the certificates to be * * *~~inclosed~~ enclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the poll managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally * * *~~thereof~~ of the votes have been completed, the poll managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall * * *~~be inclosed therein~~ also be enclosed one (1) of the duplicate receipts given by the poll manager who received the blank ballots received for that box; and the total ballots voted, and the spoiled ballots, and the unused ballots must correspond in total with the * * *~~said~~ duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the poll managers, which statement must be * * *~~inclosed~~ enclosed in the ballot box. There shall * * *be also * * *~~inclosed~~ be enclosed in * * *~~said~~ the box the tally list, the receipt * * *~~booklet~~ book containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in * * *~~said~~ the receipt * * *~~booklet~~ book.

SECTION 121. Section 23-15-593, Mississippi Code of 1972, is amended as follows:

23-15-593. When the ballot box is opened and examined by the county executive committee in the case of a primary election, or county election commissioners in the case of other elections, and it is found that there have been failures in material particulars to comply with the requirements of Section 23-15-591 and Section 23-15-895 to such an extent that it is impossible to arrive at the will of the voters at such precinct, the entire box may be thrown out unless it be made to appear with reasonable certainty that the irregularities were not deliberately permitted or engaged in by the poll managers at that box, or by one (1) of them responsible for the wrong or wrongs, for the purpose of electing or defeating a certain candidate or candidates by manipulating the election or the returns thereof at that box in such manner as to have it thrown out; in which latter case the county executive committee, or the county election commission, as appropriate, shall conduct such hearing and make such determination in respect to * * *~~said~~ the box as may appear lawfully just, subject to a judicial review of * * *~~said~~ the matter as elsewhere provided by this chapter. Or the executive committee, or the election commission, or the court upon review, may order another election to be held at that box appointing new poll managers to hold the same.

SECTION 122. Section 23-15-595, Mississippi Code of 1972, is amended as follows:

23-15-595. The box containing the ballots and other records required by this chapter shall, * * * ~~as soon as practical~~ immediately after the ballots have been counted, be delivered by one (1) of the * * *~~precinct~~ poll managers to the clerk of the circuit court of the county and * * *~~said~~ the clerk shall, in the presence of the poll manager making delivery of the box, place upon the lock of such box a * * *~~metal~~ tamper-evident * * *. * * *~~Such~~ The seals shall be numbered consecutively to the number of ballot boxes used in the election in the county, and the clerk shall keep in a place separate from such boxes a record of the number of the seal of each separate box in the county. The board of supervisors of the county shall pay the cost of providing * * *~~such~~ the seals. Upon demand of the chairman of the county executive committee in the case of primary elections, or the county election commissioner in the case of other elections, the boxes and their contents shall be delivered to the county executive committee, or the county election commission, as appropriate, and after such committee or commission, as appropriate, has finished the work of tabulating returns and counting ballots as required by law, the * * *~~said~~ committee or commission, as appropriate, shall return all papers and ballots to the box of the precinct where * * *~~such~~ the election was held, and it shall make redelivery of * * *~~such~~ the boxes and their contents to the circuit clerk who shall reseal * * *~~said~~ the boxes. Upon every occasion * * *~~said~~ the boxes shall be reopened and each resealing shall be done as provided in this chapter.

SECTION 123. Section 23-15-597, Mississippi Code of 1972, is amended as follows:

23-15-597. (1) The county executive committee shall meet * * *~~on the first or second~~ no later than one (1) week from the day * * *~~after~~ following each primary election * * *~~, shall~~ to receive and canvass the returns which must be made within the time fixed by law for returns of general elections and declare the result, and announce the name of the nominees for county and county district offices and the names of those candidates to be submitted to the second primary. The vote for state, state district offices and legislative offices shall be tabulated by precincts and certified to and returned to the State Executive Committee, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six (36) hours after the returns are canvassed and the result ascertained. The State Executive Committee shall meet * * *a one (1) week from the day following the first primary election held for state, state district offices and legislative offices, and shall proceed to canvass the returns and to declare the result, and announce the names of those nominated for the different offices in the first primary and the names of those candidates whose names are to be submitted to the second primary election. The State Executive Committee shall also meet * * *a one (1) week from the day on which the second primary election was held and receive and canvass the returns for state and district offices, if any, and legislative offices, if any, voted on in * * *~~such~~ the second primary. An exact and full duplicate of all tabulations by precincts as certified under this section shall be filed with the circuit clerk of the county who shall safely preserve the same in his office.

(2) (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 chairman of the county executive committee and the circuit clerk or the chairman 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~~ the 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 chairman of the municipal executive committee and the municipal clerk or the chairman 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 124. Section 23-15-601, Mississippi Code of 1972, is amended as follows:

23-15-601. (1) When the result of the election shall have been ascertained by the poll managers they, or one (1) of their number, or some fit person designated by them, shall, * * * as soon as practicable after the election, but in no event to exceed eight (8) days, deliver to the election commissioners * * * ~~of election~~, at the courthouse, a statement of the whole number of votes given for each person and for what office; and the election commissioners * * *~~of election~~ shall canvass the returns, ascertain and declare the result, and, within ten (10) days after the day of the election, shall deliver a certificate of * * *~~his~~ the election to the person having the greatest number of votes for representative in the Legislature of districts composed of one (1) county or less, or other county office, board of supervisors, justice court judge and constable. If it appears that two (2) or more candidates for Representative of the county, or part of the county, or for any county office, board of supervisors, justice court judge or constable standing highest on the list, and not elected, have an equal number of votes, the interested candidates shall appear before the election commissioners within two (2) days after the canvass and the tie shall be * * *~~decided~~ determined by a toss of a coin or by lot fairly and publicly drawn * * *, and a certificate of election shall be given accordingly. The foregoing provisions shall apply to Senators, if the county be a senatorial district.

(2) The election commissioners * * *~~of election~~ shall transmit to the Secretary of State, on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State, a statement of the total number of votes cast in the county for each candidate for each office and the total number of votes cast for such candidates in each precinct in the district in which the candidate ran.

SECTION 125. Section 23-15-603, Mississippi Code of 1972, is amended as follows:

23-15-603. (1) The election commissioners * * *~~of election~~ shall, within ten (10) days after the general election, transmit to the Secretary of State, to be filed in his office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS," to be delivered by the Secretary of State to the Speaker of the House of Representatives at the next ensuing session of the Legislature. In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election.

(2) Constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally. The election commissioners * * *~~of election~~ shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments.

(3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State and submitted to each branch of the Legislature, at the session next ensuing. Certified county vote totals shall represent the final results of the election.

(4) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners * * * ~~of election~~, which shall read as follows:

"We, the undersigned election commissioners * * * ~~of election~~, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein."

(5) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.

SECTION 126. Section 23-15-605, Mississippi Code of 1972, is amended as follows:

23-15-605. The Secretary of State, immediately after receiving the returns of an election, not longer than thirty (30) days after the election, shall sum up the whole number of votes given for each candidate other than candidates for state offices, legislative offices composed of one (1) county or less, county offices and county district offices, according to the statements of the votes certified to him and ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected; and thereupon all persons chosen to any office at the election shall be commissioned by the Governor; but if it appears that two (2) or more candidates for any district office where the district is composed of two (2) or more counties, standing highest on the list, and not elected, have an equal number of votes, the election shall be forthwith decided between the candidates having an equal number of votes by * * *~~lot, fairly and publicly drawn~~ each candidate individually drawing one (1) of the two (2) sealed containers from an opaque bag, under the direction of the Governor and Secretary of State. The containers shall consist of a straw of conspicuous length, and the candidate drawing the container with the longer of the two (2) straws shall be declared the winner.

SECTION 127. Section 23-15-607, Mississippi Code of 1972, is amended as follows:

23-15-607. (1) The election commissioners * * *~~of election~~ shall, within ten (10) days after an election for judges of the Supreme Court or Court of Appeals, transmit to the Secretary of State, to be filed in his office, a statement of the whole number of votes given in their county, and the whole number of votes given in each precinct in their county, for each candidate for the Office of Judge of the Supreme Court or Court of Appeals, and the Secretary of State shall immediately notify each member of the State Board of Election Commissioners in writing to assemble at his office on a day to be fixed by him, to be within ten (10) days after the receipt by him of such statement, and when assembled pursuant to such notice the State Board of Election Commissioners shall sum up the whole number of votes given for each candidate for judge of the Supreme Court or Court of Appeals according to the total number of votes in each county for each candidate as certified to the Secretary of State, ascertain the person or persons to be elected; and thereupon all persons chosen to such office at the election shall be commissioned by the Governor; but if it appears that two (2) or more candidates for judge of the Supreme Court or Court of Appeals standing highest on the list, and not elected, have an equal number of votes, the election shall be forthwith decided between the candidates having an equal number of votes by * * * each candidate individually drawing one (1) of the two (2) sealed containers from an opaque bag, under the direction of the Governor and Secretary of State. The containers shall consist of a straw of conspicuous length, and the candidate drawing the container with the longer of the two (2) straws shall be declared the winner.

(2) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners * * * ~~of election~~, which shall read as follows:

"We, the undersigned election commissioners * * *~~of election~~, do hereby certify that this statement of the whole number of votes contain the official vote for the election reflected therein."

(3) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.

SECTION 128. Section 23-15-609, Mississippi Code of 1972, is amended as follows:

23-15-609. When a city or part of a county is entitled to separate representation in the Legislature, the election commissioners * * *~~of election~~ shall prepare for the election, and shall receive and canvass the returns, declare the result, and transmit it to the Secretary of State, and act in all respects as in other elections.

SECTION 129. Section 23-15-611, Mississippi Code of 1972, is amended as follows:

23-15-611. (1) In municipal elections, poll managers * * *~~of elections~~ shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in each voting precinct for each of the candidates or ballot measures and make a return thereof to the municipal election commissioners. On the day following the election, the election commissioners shall canvass the returns so received from all voting precincts and shall, within * * *~~five (5)~~ six (6) days after * * *~~such~~ the election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear that any two (2) or more of the candidates receiving the highest number of votes shall have received an equal number of votes, the election shall be decided by a toss of a coin or by lot * * *, fairly and publicly drawn * * *by under the direction of the election commissioners * * *.

(2) (a) Within * * *~~five (5)~~ ten (10) days after any election, the municipal election commissioners shall transmit a statement to the Secretary of State certifying the name or names of the person or persons elected * * *~~thereat~~, and such person or persons shall be issued commissions by the Governor. The statement shall also include vote totals for each candidate for each office and vote totals for and against ballot measures, if any, including the vote totals for each candidate a ballot measure in each precinct in the municipality.

(b) The statements required by this subsection shall contain a certification, signed and dated by a majority of the municipal election commissioners, which shall read as follows:

"We, the undersigned municipal election commissioners, do hereby certify that this statement contains the official vote for the election reflected therein."

(c) The statements required by this subsection shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.

(d) If the statement certifying the names of the persons elected is not transmitted to the Secretary of State as required by this subsection, the Secretary of State may issue a show cause order directing the municipal election commissioners to provide to the Secretary of State written response containing the reasons for their failure to transmit the statement. The municipal election commissioners shall file their response to the show cause order with the Secretary of State within five (5) working days after the issuance of the show cause order. If the statement certifying the names of the persons elected is not transmitted to the Secretary of State within five (5) working days after the issuance of the show cause order, the Secretary of State may petition a court of competent jurisdiction to compel the municipal election commissioners to comply with this subsection. If the statement certifying the names of the persons elected is received by the Secretary of State within five (5) days after the issuance of the show cause order, a response to the show cause order shall not be required.

SECTION 130. Section 23-15-613, Mississippi Code of 1972, is amended as follows:

23-15-613. (1) As used in this section "residual votes" means overvotes, undervotes and any other vote not counted for any reason.

(2) For every election, election commissions and county and municipal executive committees shall report to the Secretary of State residual vote information; however, if the voting devices utilized in the election do not produce a ballot, other information shall be reported as required in this section.

(3) For every election, election commissions and county and municipal executive committees responsible for the conduct of elections in which ballots are generated that are counted by hand or by * * * OMR equipment or the tabulating mechanism of a DRE unit shall report to the Secretary of State all residual votes for all candidates and ballot measures in the elections for which they are responsible for conducting. Such residual vote reports shall:

(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;

(b) Include any suggested explanation or suspected cause of the residual votes;

(c) Include a copy of a voided official ballot for the election as such ballot appeared to voters at the election and copies of voided affidavit and absentee ballots if they are different from the official ballot;

(d) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected; and

(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was utilized in the election.

(4) For every election, election commissions and county and municipal executive committees responsible for the conduct of election in which voting devices are used that do not generate ballots that are counted by hand or by * * * OMR equipment or the tabulating mechanism of a DRE unit, shall file a report with the Secretary of State which shall:

(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;

(b) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected;

(c) Include in the report any anecdotal information obtained concerning voter problems with the voting equipment or ballot layout;

(d) Include in the report any suggested explanation or suspected cause of any difference in the amount of total voter turnout and the number of counted votes for candidates for various offices; and

(5) Not later than January 31 of the year following the election, the Secretary of State shall submit a report to the Governor, Lieutenant Governor and Speaker of the House of Representatives analyzing the reports required to be filed pursuant to this section. The analysis shall include the following:

(a) The performance of each voting device type used in the election;

(b) Any problems with voter or poll worker instructions or ballot design and layout that have been identified as a result of analyzing the reports received;

(d) Such other information as the Secretary of State deems beneficial.

(6) The reports required pursuant to this section shall be in such form as may be required by rules and regulations promulgated by the Secretary of State.

SECTION 131. Section 23-15-801, Mississippi Code of 1972, is amended as follows:

23-15-801. (a) "Election" shall mean a general, special, primary or runoff election.

(b) "Candidate" shall mean an individual who seeks nomination for election, or election, to any elective office other than a federal elective office. * * *~~and~~ For purposes of this article, an individual shall be deemed to seek nomination for election, or election:

(i) If such individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23-15-299 and 23-15-977, whichever occurs first; or

(ii) If such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made such expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.

(c) "Political committee" shall mean any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations which receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or which makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures and shall, in addition, include each political party registered with the Secretary of State.

(d) "Affiliated organization" shall mean any organization which is not a political committee, but which directly or indirectly establishes, administers or financially supports a political committee.

(e) (i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;

(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;

(iii) "Contribution to a political party" includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party * * *.;

(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.

(f) (i) "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;

(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;

(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.

(g) The term "identification" shall mean:

(i) In the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and

(ii) In the case of any other person, the full name and address of such person.

(h) The term "political party" shall mean an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of such association, committee or organization.

(i) The term "person" shall mean any individual, family, firm, corporation, partnership, association or other legal entity.

(j) The term "independent expenditure" shall mean an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate or any authorized committee or agent of such candidate, and which is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of such candidate.

(k) The term "clearly identified" shall mean that:

(i) The name of the candidate involved appears; or

(ii) A photograph or drawing of the candidate appears; or

(iii) The identity of the candidate is apparent by unambiguous reference.

SECTION 132. Section 23-15-803, Mississippi Code of 1972, is amended as follows:

23-15-803. ( * * *a1) * * *~~Statements of organization.~~ Each political committee shall file a statement of organization which must be received by the Secretary of State no later than * * *~~ten (10) days~~ forty-eight (48) hours after:

(a) Receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or * * *~~no later than ten (10) days after~~

(b) Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).

( * * *b2) * * *~~Contents of statements.~~ The content of the statement of organization of a political committee shall include:

( * * *ia) The name, * * *~~and~~ address, officers, and members of the committee * * *~~and all officers~~;

( * * *iib) Designation of a * * *~~director~~ chairman of the * * *~~committee~~ organization and a custodian of the financial books, records and accounts of the * * *~~committee~~ organization, who shall be designated treasurer; and

( * * *~~iii~~c) If the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate.

( * * *c3) * * *~~Change of information in statements.~~ Any change in information previously submitted in a statement of organization shall be reported and noted on the next regularly scheduled report.

(4) In addition to any other penalties provided by law, the Secretary of State may impose administrative penalties against any political committee that fails to comply with the requirements of this section in an amount not to exceed Five Thousand Dollars ($5,000.00) per violation. The notice, hearing and appeals provisions of Section 23-15-813 shall apply to any action taken pursuant to this subsection (4). The Secretary of State may pursue judicial enforcement of any penalties issued pursuant to this section.

SECTION 133. Section 23-15-805, Mississippi Code of 1972, is amended as follows:

23-15-805. (a) Candidates for state, state district, and legislative district offices, and every political committee, which makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office or makes reportable contributions to or expenditures in support of or in opposition to a statewide ballot measure, shall file all reports required under this article with the Office of the Secretary of State.

(b) Candidates for county or county district office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office or makes reportable contributions to or expenditures in support of or in opposition to a countywide ballot measure or a ballot measure affecting part of a county, excepting a municipal ballot measure, shall file all reports required by this section in the office of the circuit clerk of the county in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The circuit clerk shall forward copies of all reports to the Office of the Secretary of State.

(c) Candidates for municipal office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The municipal clerk shall forward copies of all reports to the Office of the Secretary of State.

(d) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve such reports for a period of five (5) years.

* * *

SECTION 134. Section 23-15-807, Mississippi Code of 1972, is amended as follows:

23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report such contributions and disbursements may terminate * * *~~its~~ the obligation to report only upon submitting a final report that contributions * * *it will no longer * * *~~receive any contributions~~ be received or * * *~~make any disbursement~~ disbursements made and that such candidate or committee has no outstanding debts or obligations. The candidate, treasurer, or chief executive officer shall sign * * *~~each~~ such report.

(b) Candidates * * *~~who are~~ seeking election, or nomination for election, and political committees * * *~~that make~~ making expenditures * * * to influence * * *~~the action of~~ or attempt to influence voters for or against the nomination for election * * *~~, or election,~~ of one or more candidates or balloted measures at such election, shall file the following reports:

(i) In any calendar year during which there is a regularly scheduled election, a pre-election report, which shall be filed no later than the seventh day before any election in which such candidate or political committee has accepted contributions or made expenditures and which shall be complete as of the tenth day before such election;

(ii) In 1987 and every fourth year * * * ~~thereafter~~ after, periodic reports, which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and which shall be complete as of the last day of each period; and

(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year which shall be filed no later than January 31 of the following calendar year.

(iv) Except as otherwise provided in the requirements of subparagraph (i) of this paragraph (b), unopposed candidates are not required to file pre-election reports but must file all other reports required by subparagraphs (ii) and (iii) of this paragraph (b).

(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file in the year in which they are to be elected, periodic reports which shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31.

(d) Contents of reports. Each report under this article shall disclose:

(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee, * * *~~which shall include~~ including those required to be identified pursuant to * * *~~item~~ subparagraph (ii) of this paragraph (d) as well as the total of all other contributions and expenditures during the calendar year. Such reports shall be cumulative during the calendar year to which they relate;

(ii) The identification of:

1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of any such contribution;

2. Each person or organization, candidate or political committee who receives an expenditure, payment or other transfer from the reporting candidate, political committee or its agent, employee, designee, contractor, consultant or other person or persons acting in its behalf during the reporting period when the expenditure, payment or other transfer to such person, organization, candidate or political committee within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) together with the date and amount of such expenditure * * *.;

(iii) The total amount of cash on hand of each reporting candidate and reporting political committee;

(iv) In addition to the contents of reports specified in * * *~~items~~ subparagraphs (i), (ii) and (iii) of this paragraph (d), each political party shall disclose:

1. Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;

2. Each person or organization who receives an expenditure by a political party or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure.

(v) Disclosure required under this section of an expenditure to a credit card issuer, financial institution or business allowing payments and money transfers to be made over the Internet must include, by way of detail or separate entity, the amount of funds passing to each person, business entity or organization receiving funds from the expenditure.

(e) The appropriate office specified in Section 23-15-805 must be in actual receipt of the reports specified in this article by 5:00 p.m. on the dates specified in paragraph (b) of this section. If the date specified in paragraph (b) of this section shall fall on a weekend or legal holiday then the report shall be due in the appropriate office at 5:00 p.m. on the first working day before the date specified in paragraph (b) of this section. The reporting candidate or reporting political committee shall ensure that the reports are delivered to the appropriate office by the filing deadline. The Secretary of State may approve specific means of electronic transmission of completed campaign finance disclosure reports, which may include, but not be limited to, transmission by electronic facsimile (FAX) devices.

(f) (i) If any contribution of more than Two Hundred Dollars ($200.00) is received by a candidate or candidate's political committee after the tenth day, but more than forty-eight (48) hours before 12:01 a.m. of the day of the election, the candidate or political committee shall notify the appropriate office designated in Section 23-15-805, within forty-eight (48) hours of receipt of the contribution. The notification shall include:

1. The name of the receiving candidate;

2. The name of the receiving candidate's political committee, if any;

3. The office sought by the candidate;

4. The identification of the contributor;

5. The date of receipt;

6. The amount of the contribution;

7. If the contribution is in-kind, a description of the in-kind contribution; and

8. The signature of the candidate or the treasurer or * * *~~director~~ chairman of the candidate's political * * *~~committee~~ organization.

(ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.

SECTION 135. Section 23-15-811, Mississippi Code of 1972, is amended as follows:

23-15-811. (a) Any candidate or any other person who shall * * * willfully violate the provisions and prohibitions of this article shall be guilty of a misdemeanor and upon conviction * * *~~thereof~~ shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer than six (6) months or by both fine and imprisonment.

(b) In addition to the penalties provided in paragraph (a) of this section and Chapter 13, Title 97, Mississippi Code of 1972, any candidate or political committee which is required to file a statement or report which fails to file such statement or report on the date * * *~~in which~~ it is due may be compelled to file such statement or report by an action in the nature of a mandamus brought by the Secretary of State or Attorney General.

(c) No candidate shall be certified as nominated for election or as elected to office * * *~~unless and~~ until he files all reports required by this article due as of the date of certification.

(d) No candidate who is elected to office shall receive any salary or other remuneration for the office * * *~~unless and~~ until he files all reports required by this article due as of the date * * *~~such~~ the salary or remuneration is payable.

(e) In the event that a candidate fails to timely file any report required pursuant to this article but subsequently files a report or reports containing all of the information required to be reported * * *~~by him as of the date on which the sanctions of * * *paragraphs subsections (c) and (d) of this section would be applied to him~~, such candidate shall not be subject to the sanctions of said paragraphs (c) and (d).

SECTION 136. Section 23-15-813, Mississippi Code of 1972, is amended as follows:

23-15-813. (a) In addition to any other penalty permitted by law, the Secretary of State shall require any candidate or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report which fails to substantially comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:

(i) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report. The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by first-class mail.

(ii) Beginning with the tenth calendar day after which any report shall be due, the Secretary of State shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. * * *~~However,~~ In the discretion of the Secretary of State, the assessing of the fine may be waived in whole or in part if the Secretary of State determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with timely filing of a report. Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the notice shall not result in removal or reduction of any assessed civil penalty.

(iii) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed * * *, constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.

(iv) Payment of the fine without filing the required report does not * * *~~in any way~~ excuse or exempt any person * * *~~required to file~~ from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.

(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Secretary of State, the candidate or political committee shall pay the fine to the Secretary of State within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the Secretary of State, the Secretary of State shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.

(b) (i) Upon the sworn application, made within sixty (60) calendar days of the date upon which the required report is due, of a candidate or political committee against whom a civil penalty has been assessed pursuant to paragraph (a), the Secretary of State shall forward the application to the State Board of Election Commissioners. The State Board of Election Commissioners shall appoint one or more hearing officers who shall be former chancellors, circuit court judges, judges of the Court of Appeals or justices of the Supreme Court, * * *~~and who shall~~ to conduct hearings held pursuant to this article. The hearing officer shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the candidate or political committee and notice of the time and place of the hearing to be served upon the candidate or political committee at least twenty (20) calendar days before the hearing date. The notice may be served by mailing a copy * * *~~thereof~~ of the notice by certified mail, postage prepaid, to the last known business address of the candidate or political committee.

(ii) The hearing officer may issue subpoenas for the attendance of witnesses and the production of * * *~~books and papers~~ documents at the hearing. Process issued by the hearing officer shall extend to all parts of the state and shall be served by any person designated by the hearing officer for the service.

(iii) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.

(iv) At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the hearing officer, who shall not be bound by strict rules of procedure or by the laws of evidence * * *~~in the conduct of the proceedings~~, but the determination shall be based upon sufficient evidence to sustain it. The scope of review at the hearing shall be limited to making a determination of whether failure to file a required report was due to an unforeseeable mitigating circumstance.

(v) Where, in any proceeding before the hearing officer, any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any * * * documents called for by a subpoena, the attendance of the witness, the giving of his testimony or the production of the * * *~~books and papers~~ documents shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.

(vi) Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last known business address of the candidate or political committee by way of United States first-class, certified mail, postage prepaid.

(c) (i) The right to appeal from the decision of the hearing officer in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is granted. The appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the hearing officer, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the hearing officer be affirmed by the court, the candidate or political committee will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Secretary of State will pay the costs of the appeal and the action in court.

(ii) If there is an appeal, the appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.

(d) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in paragraph (b), the candidate or political committee identified in paragraph (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency. The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.

(e) If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate or political committee identified in paragraph (a) of this section shall not have filed a valid report with the Secretary of State, the Secretary of State shall notify the Attorney General of those candidates and political committees who have not filed a valid report, and the Attorney General shall * * *~~thereupon~~ prosecute the delinquent candidates and political committees.

SECTION 137. The following shall be codified as Section 23-15-819, Mississippi Code of 1972:

23-15-819. (1) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.

(2) No person shall solicit, accept or receive any such contribution from a foreign national.

(3) The term "foreign national" means:

(a) A foreign national as defined in 22 USCS 611(b), except that the terms "foreign national" does not include any individual who is a citizen of the United States; or

(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.

SECTION 138. Section 23-15-831, Mississippi Code of 1972, is amended as follows:

23-15-831. When a vacancy other than in the Legislature * * *~~shall~~ occurs * * *, by death, resignation or otherwise, in any state or state district elected office, * * *~~which is elective,~~ and there is no special provision of law for * * *~~the~~ filling * * *~~of said~~ the vacancy, the same shall be filled for the unexpired term by appointment by the Governor.

SECTION 139. Section 23-15-833, Mississippi Code of 1972, is amended as follows:

23-15-833. Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.

All special elections * * *, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections, except that where no candidate receives a majority of the votes cast in * * *~~such~~ the election, * * *~~then~~ a runoff election shall be held three (3) weeks after * * *~~such~~ the election * * *~~and~~. The two (2) candidates who receive the highest popular votes for * * *~~such~~ the office shall have their names submitted as * * *~~such~~ the candidates to the * * *~~said~~ runoff and the candidate who leads in * * *~~such~~ the runoff election shall be elected to the office. When there is a tie in the first election of those receiving the next highest vote, these two (2) and the one receiving the highest vote, none having received a majority, shall go into the runoff election and whoever leads in * * *~~such~~ the runoff election shall be entitled to the office.

In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot, but shall be clearly distinguished as special election candidates or primary election candidates.

SECTION 140. Section 23-15-835, Mississippi Code of 1972, is amended as follows:

23-15-835. The election commissioners * * *~~of election~~ of the several counties to whom the writ of election may be directed shall * * *, immediately * * *~~on the~~ upon receipt * * *~~thereof~~ of the writ, give notice of * * *~~such~~ the special election to fill a vacancy in * * *~~such~~ the county or county district office by posting notices at the courthouse and in each supervisor's district in the county for ninety (90) days * * *~~prior to such~~ the election; and * * *~~such~~ the election shall be prepared for and held as in case of a general election.

SECTION 141. Section 23-15-837, Mississippi Code of 1972, is amended as follows:

23-15-837. (1) When a special election * * * ~~shall have been~~ is called to fill any state district office or legislative office and where only one (1) person has duly qualified with the State Board of Election Commissioners to be a candidate in * * *~~such~~ the special election within the time prescribed by law for qualifying as * * *~~such~~ a candidate, the State Board of Election Commissioners shall make a finding and determination of * * *~~such~~ that fact, which shall be duly entered upon its official minutes.

(2) A finding and determination and certification to office by the State Board of Election Commissioners, as herein provided, shall dispense with the holding of the special election.

(3) A certified copy of the finding and determination of the State Board of Election Commissioners shall be * * *~~forthwith~~ filed with the Governor, and the Governor shall appoint the candidate so certified to fill the unexpired term.

SECTION 142. Section 23-15-839, Mississippi Code of 1972, is amended as follows:

23-15-839. (1) When a vacancy * * *~~shall~~ occurs in any county or county district office, the same shall be filled by appointment by the board of supervisors of the county, by order entered upon its minutes, where the vacancy occurs, or by appointment of the president of the board of supervisors, by and with the consent of the majority of the board of supervisors, if such vacancy occurs when * * *~~said~~ the board is not in session, and the clerk of the board shall certify to the Secretary of State the * * *~~fact of the~~ appointment, and the * * *~~person so~~ appointed person shall be commissioned by the Governor; and if the unexpired term be longer than six (6) months, such appointee shall serve until a successor is elected as hereinafter provided, unless the regular special election day on which the vacancy should be filled occurs in a year in which an election would normally be held for that office as provided by law, in which case the person so appointed shall serve the unexpired portion of the term. Such vacancies shall be filled for the unexpired term by the qualified electors at the next regular special election day occurring more than ninety (90) days after the occurrence of the vacancy. The board of supervisors of the county shall, within ten (10) days after the * * *~~happening of the~~ vacancy occurs, make an order, in writing, directed to the election commissioners * * * ~~of election~~, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election, and shall give a certificate of election to the person elected, and shall return to the Secretary of State a copy of the order of holding the election, showing the election results * * * ~~thereof~~, certified by the clerk of the board of supervisors. The person elected shall be commissioned by the Governor to take office once the election is certified.

(2) In any election ordered pursuant to this section where only one (1) person * * *~~shall have qualified~~ qualifies with the election commissioners * * *~~of election~~ to be a candidate within the time provided by law, the election commissioners * * *~~of election~~ shall certify to the board of supervisors that there is * * *~~but~~ only one (1) candidate. Thereupon, the board of supervisors shall dispense with the election and * * *~~shall~~ appoint the certified candidate * * *~~so certified~~ to fill the unexpired term. The clerk of the board shall certify the appointed candidate to the Secretary of State and the candidate * * * shall be commissioned to serve by the Governor. In the event * * *~~that~~ no person * * *~~shall have qualified~~ qualifies by 5:00 p.m. sixty (60) days * * *~~prior to~~ before the date of the election, the election commissioners * * *~~of election~~ shall certify that fact to the board of supervisors which shall dispense with the election and fill the vacancy by appointment. The clerk of the board of supervisors shall certify the appointment to the Secretary of State * * *~~the fact of the appointment~~, and the * * *~~person so~~ appointed person shall be commissioned to serve by the Governor.

SECTION 143. Section 23-15-843, Mississippi Code of 1972, is amended as follows:

23-15-843. In case of death, resignation or vacancy from any cause in the office of district attorney, the unexpired term of which shall exceed six (6) months, the Governor shall within ten (10) days after * * *~~happening~~ the occurrence of * * *~~such~~ the vacancy issue * * *~~his~~ a proclamation calling an election to fill a vacancy in the office of district attorney to be held on the next regular special election day in the district * * *~~wherein such~~ where the vacancy * * *~~shall have~~ occurred unless the vacancy shall occur before ninety (90) days * * *~~prior to~~ before the general election in a year in which an election would normally be held for that office as provided by law, in which case the * * *~~person so~~ appointed person shall serve the unexpired portion of the term. Candidates in such a special election shall qualify in the same manner and * * *~~shall~~ be subject to the same time limitations as set forth in Section 23-15-839. Pending the holding of * * *~~such~~ a special election, the Governor shall make an emergency appointment to fill the vacancy until the same shall be filled by election as aforesaid.

SECTION 144. Section 23-15-849, Mississippi Code of 1972, is amended as follows:

23-15-849. (1) Vacancies in the office of circuit judge or chancellor shall be filled for the unexpired term by the qualified electors at the next regular special election occurring more than nine (9) months after the * * *~~existence~~ occurrence of the vacancy to be filled, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following * * *~~his~~ the election. Upon the * * *~~occurring~~ occurrence of * * *~~such~~ a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof until the vacancy * * *~~shall be~~ is filled by election as provided in this subsection.

(2) (a) If half or more than half of the term remains, vacancies in the office of * * *~~judge~~ justice of the Supreme Court or judge of the Court of Appeals shall be filled for the unexpired term by the qualified electors at the next regular election for state officers or for representatives in Congress occurring more than nine (9) months after the * * *~~existence~~ occurrence of the vacancy to be filled, and the term of office of the person elected to fill a vacancy shall commence on the first Monday in January following * * *~~his~~ the election. If less than half of the term remains, vacancies in the office of * * *~~judge~~ justice of the Supreme Court or judge of the Court of Appeals shall be filled for the remaining unexpired term solely by appointment as provided in this subsection.

(b) Upon occurrence of a vacancy, the Governor shall appoint a qualified person from the district in which the vacancy exists to hold the office and discharge the duties thereof as follows:

(i) If less than half of the term remains, the appointee shall serve until expiration of the term;

(ii) If half or more than half of the term remains, the appointee shall serve until the vacancy * * * ~~shall be~~ is filled by election as provided in subsection (1) of this section for judges of the circuit and chancery courts. Elections to fill vacancies in the office of * * *~~judge~~ justice of the Supreme Court or judge of the Court of Appeals shall be held, conducted, returned and the persons elected commissioned in accordance with the law governing regular elections for * * *~~judges~~ justices of the Supreme Court or judges of the Court of Appeals * * *~~insofar as they may be~~ to the extent applicable.

* * *

SECTION 145. Section 23-15-851, Mississippi Code of 1972, is amended as follows:

23-15-851. (1) Except as otherwise provided in subsection (2) of this section, within thirty (30) days after vacancies occur in either house of the Legislature, the Governor shall issue writs of election to fill the vacancies on a day specified in the writ of election. At least * * *~~forty (40)~~ sixty (60) days' notice shall be given of the election in each county or part of a county in which the election shall be held. The qualifying deadline for the election shall be * * *~~thirty (30)~~ fifty (50) days * * *~~prior to~~ the election. Notice of the election shall be posted at the courthouse and in each supervisors district in the county or part of county in which such election shall be held for as near * * *~~forty (40)~~ sixty (60) days as may be practicable. The election shall be prepared for and held as in the case of a general election.

(2) If a vacancy occurs * * *~~on or after June 1 of~~ in a calendar year in which the general election for state officers is held, the Governor may elect not to issue a writ of election to fill the vacancy.

SECTION 146. Section 23-15-853, Mississippi Code of 1972, is amended as follows:

23-15-853. (1) If a vacancy * * *~~happens~~ occurs in the representation in Congress, the vacancy shall be filled for the unexpired term by a special election, to be ordered by the Governor, within sixty (60) days after * * *~~such~~ the vacancy occurs, and * * *~~to be~~ held at a time fixed by his order, and which time shall be not less than sixty (60) days after the issuance of the order of the Governor, which shall be directed to the election commissioners * * *~~of election~~ of the several counties of the district, who shall, immediately on the receipt of the order, give notice of the election by publishing the same in * * *~~some~~ a newspaper having a general circulation in the county and by posting the notice * * *~~thereof~~ at the front door of the courthouse. The order shall also be directed to the State Board of Election Commissioners. The election shall be prepared for and conducted, and returns shall be made, in all respects as provided for a special election to fill vacancies.

(2) Candidates for the office in such an election must qualify with the Secretary of State by 5:00 p.m. not less than * * *~~forty-five (45)~~ fifty (50) days * * *~~previous to~~ before the date of the election. The election commissioners * * *~~of election~~ shall have printed on the ballot in such special election the name of any candidate who shall have been requested to be a candidate for the office by a petition filed with the Secretary of State and personally signed by not less than one thousand (1,000) qualified electors of the district. The petition shall be filed by 5:00 p.m. not less than * * *~~forty-five (45)~~ fifty (50) days * * *~~previous to~~ before the date of the election.

There shall be attached to each petition above provided for, upon the time of filing with * * *~~said~~ the Secretary of State, a certificate from the appropriate registrar or registrars showing the number of qualified electors appearing upon each * * * ~~such~~ petition which the registrar shall furnish to the petitioner upon request.

SECTION 147. Section 23-15-855, Mississippi Code of 1972, is amended as follows:

23-15-855. (1) If a vacancy shall occur in the office of United States Senator from Mississippi by death, resignation or otherwise, the Governor shall, within ten (10) days after receiving official notice of * * *~~such~~ the vacancy, issue * * *~~his~~ a proclamation for an election to be held in the state to elect a Senator to fill * * *~~such~~ the remaining unexpired term * * * ~~as may remain~~, provided the unexpired term is more than twelve (12) months and the election shall be held within ninety (90) days from the time the proclamation is issued and the returns of such election shall be certified to the Governor in the manner set out above for regular elections, unless the vacancy * * *~~shall~~ occurs in a year * * *~~that there shall be held~~ in which a general state or congressional election is held, in which event the Governor's proclamation shall designate the general election day as the time for electing a Senator, and the vacancy shall be filled by appointment as hereinafter provided.

(2) In case of a vacancy in the office of United States Senator, the Governor may appoint a Senator to fill * * *~~such~~ the vacancy temporarily, and if the United States Senate be in session at the time the vacancy occurs the Governor shall appoint a Senator within ten (10) days after receiving official notice thereof, and the * * *~~Senator so~~ appointed Senator shall serve until * * *~~his~~ a successor is elected and commissioned as provided for in subsection (1) of this section, provided that such unexpired term as he may be appointed to fill shall be for a longer time than one (1) year, but if for a shorter time than one (1) year, he shall serve for the full time of the unexpired term and no special election shall be called by the Governor but * * *~~his~~ a successor shall be elected at the regular election.

SECTION 148. Section 23-15-857, Mississippi Code of 1972, is amended as follows:

23-15-857. (1) When * * *~~it shall happen that~~ there is * * *~~any~~ a vacancy in an elective office in a city, town or village * * *~~office which is elective~~, the unexpired term of which shall not exceed six (6) months, the same shall be filled by appointment by the governing authority or remainder of the governing authority of * * *~~said~~ the city, town or village. The municipal clerk shall certify the appointment to the Secretary of State * * *~~the fact of such appointment,~~ and the appointed person or persons * * * ~~so appointed~~ shall be commissioned by the Governor.

(2) When * * *~~it shall happen that~~ there is * * *~~any~~ a vacancy in an elective office in a city, town or village, the unexpired term of which shall exceed six (6) months, the governing authority or remainder of the governing authority of * * *~~said~~ the city, town or village shall make and enter on the minutes an order for an election to be held in * * *~~such~~ the city, town or village to fill the vacancy and fix a date upon which * * *~~such~~ the election shall be held. Such order shall be made and entered upon the minutes at the next regular meeting of the governing authority after * * *~~such~~ the occurrence of the vacancy * * * ~~shall have occurred~~, or at a special meeting to be held not later than ten (10) days after the occurrence of the vacancy * * * ~~shall have occurred~~, Saturdays, Sundays and legal holidays excluded, whichever shall occur first. * * *~~Such~~ The election shall be held on a date not less than thirty (30) days nor more than forty-five (45) days after the date upon which the order is adopted.

Notice of * * *~~such~~ the election shall be given by the municipal clerk by notice published in a newspaper published in the municipality. * * *~~Such~~ The notice shall be published once each week for three (3) successive weeks preceding the date of * * *~~such~~ the election. The first notice * * *to shall be published at least thirty (30) days before the date of * * *~~such~~ the election. Notice shall also be given by posting a copy of * * *~~such~~ the notice at three (3) public places in * * *~~such~~ the municipality not less than twenty-one (21) days * * *~~prior to~~ before the date of * * *~~such~~ the election. One (1) of * * *~~such~~ the notices shall be posted at the city, town or village hall. In the event that there is no newspaper published in the municipality, * * *~~then~~ such notice shall be published as provided for above in a newspaper which has a general circulation within the municipality and by posting as provided for above. * * *~~In addition~~ Additionally, the governing authority may publish * * *~~such~~ the notice in * * *~~such~~ the newspaper for * * *~~such~~ as many additional times as may be deemed necessary by the governing authority.

Each candidate shall qualify by petition filed with the municipal clerk by 5:00 p.m. at least twenty (20) days before the date of the election and * * *~~such~~ the petition shall be signed by not less than the following number of qualified electors:

(a) For an office of a city, town * * * or, village or municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.

(b) For an office of a city, town * * * or, village or municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.

No qualifying fee shall be required of any candidate, and the election * * *~~provided for herein~~ shall be held as far as practicable in the same manner as municipal general elections.

The candidate receiving a majority of the votes cast in * * *~~said~~ the election shall be elected. If no candidate * * *~~shall~~ receives a majority vote at the election, the two (2) candidates receiving the highest number of votes shall have their names placed on the ballot for the election to be held * * *~~two (2)~~ three (3) weeks thereafter. The candidate receiving a majority of the votes cast in * * *~~said~~ the election shall be elected. However, if no candidate * * *~~shall~~ receives a majority and there is a tie in the election of those receiving the next highest vote, those receiving the next highest vote and the candidate receiving the highest vote shall have their names placed on the ballot for the election to be held * * *~~two (2)~~ three (3) weeks thereafter, and whoever receives the most votes cast in * * *~~such~~ the election shall be elected.

Should the election * * * ~~to be~~ held * * *~~two (2)~~ three (3) weeks thereafter result in a tie vote, the prevailing candidate * * *~~to prevail~~ shall be decided by a toss of a coin or by lot * * *, fairly and publicly drawn under the supervision * * *by of the election commission with the aid of two (2) or more qualified electors of the municipality.

The clerk of the election commission shall then give a certificate of election to the person elected, and * * * ~~shall~~ return to the Secretary of State a copy of the order of holding the election and runoff election * * *~~showing the~~ results * * *~~thereof~~, certified by the clerk of the governing authority. The person elected shall be commissioned by the Governor.

However, if nineteen (19) days * * *~~prior to~~ before the date of the election only one (1) person shall have qualified as a candidate, the governing authority, or remainder of the governing authority, shall dispense with the election and appoint that one (1) candidate in lieu of an election. In the event no person shall have qualified by 5:00 p.m. at least twenty (20) days * * *~~prior to~~ before the date of the election, the governing authority or remainder of the governing authority shall dispense with the election and fill the vacancy by appointment. The clerk of the governing authority shall certify the appointment to the Secretary of State * * * ~~the fact of the appointment~~, and the appointed person * * *~~so appointed~~ shall be commissioned by the Governor.

SECTION 149. Section 23-15-859, Mississippi Code of 1972, is amended as follows:

23-15-859. Whenever under any statute a special election is required or authorized to be held in any municipality, and the statute authorizing or requiring * * *~~such~~ the election does not specify the time within which * * *~~such~~ the election shall be called, or the notice which shall be given * * *~~thereof~~, the governing authorities of the municipality shall, by resolution, fix a date upon which * * *~~such~~ the election shall be held. * * *~~Such~~ The date shall not be less than twenty-one (21) nor more than thirty (30) days after the date upon which such resolution is adopted, and not less than three (3) weeks' notice of such election shall be given by the clerk by a notice published in a newspaper published in the municipality once each week for three (3) weeks next preceding the date of * * *~~such~~ the election, and by posting a copy of * * *~~such~~ the notice at three (3) public places in * * *~~such~~ the municipality. Nothing herein, however, shall be applicable to elections on the question of the issuance of the bonds of a municipality or to general or primary elections for the election of municipal officers.

The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter or the commission form of government, except in cases of conflicts between the provisions of the section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.

SECTION 150. Section 23-15-873, Mississippi Code of 1972, is amended as follows:

23-15-873. (1) No person, whether an officer or not, shall, in order to promote his own candidacy, or that of any other person, to be a candidate for public office in this state, directly or indirectly, himself or through another person, promise to appoint, or promise to secure or assist in securing the appointment, nomination or election of another person to any public position or employment, or to secure or assist in securing any public contract or the employment of any person under any public contractor, or to secure or assist in securing the expenditure of any public funds in the personal behalf of any particular person or group of persons, except that the candidate may publicly announce what is his choice or purpose in relation to an election in which he may be called on to take part if elected.

(2) It shall be unlawful for any person to directly or indirectly solicit or receive any promise by this section prohibited * * *., but this does not apply to * * * any person when it comes to their office force.

(3) Any violation of this section shall constitute a violation of Section 97-13-37 and shall be referred to the district attorney for prosecution.

SECTION 151. Section 23-15-874, Mississippi Code of 1972, is amended as follows:

23-15-874. A candidate for judicial office shall not use court administrators, deputy court administrators, court reporters, deputy court reporters, judges' secretaries or law clerks as workers in his campaign activities. Violations of this section shall be referred to the Commission on Judicial Performance.

SECTION 152. Section 23-15-875, Mississippi Code of 1972, is amended as follows:

23-15-875. No person, including a candidate, shall publicly or privately make, in a campaign then in progress, any charge or charges reflecting upon the honesty, integrity or moral character of any candidate, so far as his private life is concerned, unless the charge be in fact true and actually capable of proof; and any person who makes any such charge shall have the burden of proof to show the truth thereof when called to account therefor under any affidavit or indictment against him for a violation of this section. Any language deliberately uttered or published which, when fairly and reasonably construed and as commonly understood, would clearly and unmistakably imply any such charge, shall be deemed and held to be the equivalent of a direct charge. * * *

* * *

SECTION 153. Section 23-15-881, Mississippi Code of 1972, is amended as follows:

23-15-881. It shall be unlawful for the * * *~~State Highway~~ Mississippi Transportation Commission or any member of the * * *~~State Highway~~ Mississippi Transportation Commission, or the board of supervisors of any county or any member of the board of supervisors of such county, to employ, during the months of May, June, July and August of any year in which a general primary election is held for the nomination and election of members of the * * *~~State Highway~~ Mississippi Transportation Commission and members of the boards of supervisors, a greater number of persons to work and maintain the state highways, in any highway district, or the public roads, in any supervisors district of the county, as the case may be, than the average number of persons employed for similar purposes in such highway district or supervisors district, as the case may be, during the months of May, June, July and August of the three (3) years immediately preceding the year in which such general primary election is held. It shall be unlawful for the * * *~~State Highway~~ Mississippi Transportation Commission, or the board of supervisors of any county, to expend out of the state highway funds, or the road funds of the county or any supervisors district thereof, as the case may be, in the payment of wages or other compensation for labor performed in working and maintaining the highways of any highway district, or the public roads of any supervisors district of the county, as the case may be, during the months of May, June, July and August of such election year, a total amount in excess of the average total amount expended for such labor, in such highway district or supervisors district, as the case may be, during the corresponding four * * *~~(4) months~~-month period of the three (3) years immediately preceding.

It shall be the duty of the * * *~~State Highway~~ Mississippi Transportation Commission and the board of supervisors of each county, respectively, to keep sufficient records of the numbers of employees and expenditures made for labor on the state highways of each highway district, and the public roads of each supervisors district, for the months of May, June, July and August of each year, to show the number of persons employed for such work in each highway district and each supervisors district, as the case may be, during said four * * *~~(4) months~~-month period, and the total amount expended in the payment of salaries and other compensation to such employees, so that it may be ascertained, from an examination of such records, whether or not the provisions of this chapter have been violated.

* * *

SECTION 154. Section 23-15-891, Mississippi Code of 1972, is amended as follows:

23-15-891. No common carrier, * * * ~~telegraph company~~ Internet service provider or telephone company shall give to any candidate, or to any member of any political committee, or to any person to be used to aid or promote the success or defeat of any candidate for election for any public office, free transportation or * * *~~telegraph~~ Internet service or telephone service, as the case may be, or any reduction thereof that is not made alike to all other persons. All persons required by the provisions of this chapter to make and file statements shall make oath that they have not received or made use of, directly or indirectly, in connection with any candidacy for nomination to any public office, free transportation or * * *~~telegraph~~ Internet or telephone service.

SECTION 155. Section 23-15-895, Mississippi Code of 1972, is amended as follows:

23-15-895. * * *~~It shall be unlawful for any~~ No candidate for an elective office, or any representative of such candidate, or for any proponent or opponent of any constitutional amendment, local issue or other measure printed on the ballot * * *to may post or distribute cards, posters or other campaign literature within one hundred fifty (150) feet of any entrance of the building wherein any election is being held. * * *~~It shall be unlawful for any~~ No candidate or a representative named by him in writing * * *to may appear at any polling place while armed or uniformed, * * *~~nor shall he~~ or display any badge or credentials except as may be issued by the manager of the polling place. As used in this section, the term "local issue" shall have the meaning ascribed to such term in Section 23-15-375. This section shall be enforced by election officials and law enforcement officials.

SECTION 156. Section 23-15-897, Mississippi Code of 1972, is amended as follows:

23-15-897. * * *

(1) "Campaign materials" include any materials designed to influence voters for or against any candidate, party or measure to be voted on at any election, or containing information about any candidate, party or measure paid for by a candidate, political committee, or independent expenditure which requires disclosure under campaign finance laws.

(a) "Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution.

(b) "Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.

(2) No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:

(a) The name of the candidate along with a statement that the message is approved by the candidate; or

(b) If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or

(c) If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.

(3) Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2), and each electronic publication provides a link to that home page.

SECTION 157. Section 23-15-903, Mississippi Code of 1972, is amended as follows:

23-15-903. In addition to any other procedure provided by law, any person who has reason to believe that any election law has been violated may file a written complaint with the election commissioners * * *~~of election~~ of the county in which the alleged violation occurred. * * * If the election commissioners * * * determine the allegations in the complaint, if true, would be a violation * * *~~has occurred, they~~ of this chapter or Section 97-13-1, et seq., the election commissioners shall refer the complaint to the district attorney * * * for prosecution.

SECTION 158. Section 23-15-905, Mississippi Code of 1972, is amended as follows:

23-15-905. (1) * * *~~From and after July 1, 2008,~~ No person may qualify as a candidate for more than one (1) office if the election for those offices occurs on the same day. If a person takes the steps necessary to qualify for more than one (1) office, the appropriate executive committee or election commissioner shall determine the last office for which the person qualified and the person shall be considered to be qualified as a candidate for that office only and the person shall be notified of this determination. The provisions of this subsection shall not apply to elections for municipal office.

(2) * * *~~From and after July 1, 2008,~~ No person may qualify as a candidate for more than one (1) municipal office if the election for those offices occurs on the same day. If a person takes the steps necessary to qualify for more than one (1) office, the appropriate executive committee or election commissioner shall determine the last office for which the person qualified and the person shall be considered to be qualified as a candidate for that office only and the person shall be notified of this determination.

SECTION 159. Section 23-15-911, Mississippi Code of 1972, is amended as follows:

23-15-911. (1) (a) When the returns for a box and the contents of the ballot box and the conduct of the election * * *~~thereat~~ have been canvassed and reviewed by the county election commission in the case of general elections or the county executive committee in the case of primary elections, all the contents of the box required to be placed and sealed in the ballot box by the poll managers shall be replaced therein by the election commission or executive committee, as the case may be, and the box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep and secure the same against any tampering * * *~~therewith~~. At any time within twelve (12) days after the canvass and examination of the box and its contents by the election commission or executive committee, as the case may be, any candidate or his representative authorized in writing by him shall have the right of full examination of said box and its contents upon three (3) days' notice of his application therefor served upon the opposing candidates. * * * The service of notice shall be provided to each opposing candidate by delivering a copy personally to each candidate, or by performing two (2) of the following:

(i) By leaving a copy at each candidate's usual place of residence with a family member, who shall be no less than sixteen (16) years of age and, who resides in the candidate's residence;

(ii) By email or other electronic means, with receipt deemed upon transmission; or

(iii) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at such candidate's residence with receipt deemed mailing.

(b) If service of notice cannot be made to any opposing candidate, then notice may be posted on the door of each candidate's usual place of abode. If any candidate's usual place of residence is a multi-family dwelling, a copy of the notice must be mailed to the candidate or candidates by United States first class mail, postage prepaid, return receipt requested thereon. Proof of service of notice upon any opposing candidate shall be made to the circuit clerk within three (3) days before a full examination of the ballot box may be conducted.

(c) The examination shall be conducted in the presence of the circuit clerk or his deputy who shall be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with. Upon the completion of * * *~~said~~ the examination the box shall be resealed with all its original contents * * * ~~as theretofore~~ inside. And if any contest or complaint before the court shall arise over * * *~~said~~ the box, it shall be kept intact and sealed until the court hearing and another ballot box, if necessary, shall be furnished for the precinct involved.

(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.

SECTION 160. Section 23-15-913, Mississippi Code of 1972, is amended as follows:

23-15-913. The judges listed and selected to hear election disputes, as provided in Section 23-15-951, shall be available on election day to immediately hear and resolve any election day disputes. The rules for filing pleadings shall be relaxed to carry out the purposes of this section. The judges selected shall perform no other judicial duties on election day. The Supreme Court shall make judges available to hear disputes in the county in which the disputes occur but no judge shall hear disputes in the district * * *~~, subdistrict~~ or county in which he was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.

SECTION 161. Section 23-15-939, Mississippi Code of 1972, is amended as follows:

23-15-939. The reasonable traveling expenses of the judge or chancellor shall be paid by order of the board of supervisors of the county or counties in which a contest or complaint is heard, upon an itemized certificate thereof by the judge or chancellor. The election commissioners shall be compensated for their services rendered under this section as is provided in Section 23-15-227.

SECTION 162. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. (1) Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).

Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.

(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.

(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county election commissioners * * *~~of election~~ of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.

(4) If only one (1) person files his intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.

(5) If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.

SECTION 163. The following shall be codified as Section 23-15-994, Mississippi Code of 1972:

23-15-994. Elections for the office of judge of the Court of Appeals shall be as prescribed in Section 9-4-1, et seq.

SECTION 164. Section 23-15-1031, Mississippi Code of 1972, is amended as follows:

23-15-1031. Except as * * *~~may be otherwise~~ provided by Section 23-15-1081, the first primary election for Congressmen shall be held on the first Tuesday in June of the years in which congressmen are elected, and * * *~~the~~ a second primary, * * *~~when one is~~ if necessary, shall be held three (3) weeks thereafter. Each year in which a presidential election is held, the congressional primary shall be held as provided in Section 23-15-1081. The election shall be held in all districts of the state on the same day. Candidates for United States Senator shall be nominated at the congressional primary next preceding the general election at which a senator is to be elected and in the same manner that congressmen are nominated * * *~~, and~~. The chairman and secretary of the state executive committee shall certify the vote for United States Senator to the Secretary of State in the same manner that county executive committees certify the returns of counties in general state and county primary elections.

SECTION 165. Section 23-15-1033, Mississippi Code of 1972, is amended as follows:

23-15-1033. Representatives in the Congress of the United States shall be chosen by districts on the first Tuesday after the first Monday of November in the year 1986, and every two (2) years thereafter;. * * *~~and~~ The laws regulating general elections shall * * *~~in all respects~~ apply to and govern elections for representatives in Congress; and the Governor shall issue a commission to the person elected in each * * *~~of said districts~~ district.

SECTION 166. Section 23-15-1039, Mississippi Code of 1972, is amended as follows:

23-15-1039. Should an election of representatives in Congress occur after the number of representatives to which the state is entitled * * * changes, and before the districts shall have been changed to conform to the new apportionment, representatives shall be chosen as follows: * * * ~~In case~~If the number of representatives * * *~~to which the state~~ is * * *~~entitled be~~ increased, then one (1) member shall be chosen in each district as organized, and the additional member or members shall be chosen by the electors of the state at large; and if the number of representatives * * *~~shall be diminished~~ is decreased, then the whole number shall be chosen by the electors of the state at large.

SECTION 167. Section 23-15-1041, Mississippi Code of 1972, is amended as follows:

23-15-1041. There shall be elected, by the qualified electors of Mississippi, * * * one (1) United States Senator at the same time and in the same manner that members of the lower house of Congress are elected in 1988, and every six (6) years thereafter; and in the same manner there shall be one (1) United States Senator elected at the congressional election in 1990, and every six (6) years thereafter; and the person elected shall be commissioned by the Governor.

SECTION 168. Section 23-15-1051, Mississippi Code of 1972, is amended as follows:

23-15-1051. All duties in regard to senatorial or other districts of more than one (1) county shall be performed by the State Executive Committee * * *; . * * *~~and~~ All candidates for any such office * * *~~from such district~~ shall qualify with the State Executive Committee * * *~~as the law provides~~ in the time and manner established by law.

SECTION 169. Section 23-15-1053, Mississippi Code of 1972, is amended as follows:

23-15-1053. Subject to federal law and national party rules, the State Executive Committee of each political party shall determine the method and procedures * * *~~by which~~ for the selection of county executive committees and the State Executive Committees * * *~~are selected~~. The State Executive Committee of the political party shall establish * * *, procedures for the selection of county and State Executive Committees at least ninety (90) days * * *~~prior to~~ before the implementation * * *~~thereof,~~ of the procedures * * *. A copy of any rule or regulation adopted by the State Executive Committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record.

SECTION 170. Section 23-15-1054, Mississippi Code of 1972, is amended as follows:

23-15-1054. (1) If there be any political party * * *, or parties * * *, in any county * * *~~which shall not have~~ without a party executive committee * * * ~~for such county~~, such political party * * *, or parties * * * shall select qualified electors of that county and of that party's political faith to serve on a temporary county executive committee until members of a county executive committee are elected at the next regular election for executive committees. The selection of qualified electors to serve on the temporary county executive committee shall occur thirty (30) days before the date for which a candidate for a county office is required to qualify. The temporary county executive committee shall be selected in the following manner: Upon petition of five (5) or more members of that political faith, the chairman of the State Executive Committee * * *~~of the party~~ desiring to select a temporary county executive committee * * * shall call a mass meeting of the qualified electors of their political faith who reside in * * *~~such~~ the county to meet at some convenient place within * * *~~such~~ the county, at a time to be designated in the call * * *, . * * *~~and such~~ At the mass convention, the members of that political faith shall select a temporary county executive committee. * * *~~which~~ The temporary county executive committee shall serve until members of a county executive committee are elected at the next regular election for executive committees. The public shall be given notice of * * *~~such~~ the mass meeting as provided in subsection (4) of this section. The chairman of the State Executive Committee shall authorize the call within five (5) calendar days of receipt of the petition. If the chairman of the State Executive Committee is either incapacitated, unavailable or nonresponsive and does not authorize the mass call within five (5) calendar days of receipt of the petition, any elected officer of the State Executive Committee may authorize the call within five (5) calendar days. If no elected officer of the State Executive Committee acts to approve such petition after an additional five (5) calendar days * * * the petitioners shall be authorized to produce the call * * *~~themselves~~.

(2) If no county executive committee is selected or otherwise formed before an election, the State Executive Committee may serve as the temporary county executive committee and exercise all of the duties of the county executive committee for the county election. After a State Executive Committee has fulfilled its duties as the temporary county executive committee * * * it shall select a county executive committee * * *~~no later than~~ before the next county election.

(3) A person * * *~~who has been~~ convicted of a felony in a court of this state, * * *or any other state, or * * *~~a court~~ of the United States shall be barred from serving as a member of a county executive committee.

(4) The State Executive Committee shall publish a copy of its call for a meeting in some newspaper published in the * * *~~county~~ affected county for three (3) weeks preceding the date set for the mass convention * * *~~, or if there be~~. If no newspaper is published in the county, then a copy of the call shall be published in * * *~~some~~ a newspaper having general circulation in the county and by posting notices in three (3) public places in the county, one (1) of which shall be the county courthouse or the location where the county board of supervisors meets to conduct business. The publication shall occur not less than three (3) weeks before the date for the mass convention.

SECTION 171. Section 23-15-1057, Mississippi Code of 1972, is amended as follows:

23-15-1057. * * * (1) In the event sufficient cause should arise, and a majority of the membership of the State Executive Committee deems * * *~~such to be~~ it necessary for the best interest of * * *~~their~~ the political party and the state, the State Executive Committee * * *~~are~~ shall be authorized * * *~~and empowered~~ to reconvene the state convention that selected them as members of the state executive committee at any time after the adjournment of * * * ~~said~~ the convention, but not later than the last day of the year in which * * *~~said~~ the convention was held.

(2) The delegates chosen from the respective counties to a state convention in accordance with Section 23-15-1055 shall continue to be delegates from * * *~~such~~ the county to * * * ~~said~~ the convention for a period not later than the last day of the year in which * * *~~said~~ the convention was held.

(3) * * *~~Said~~ A convention may be reconvened upon the call of the chairman of the State Executive Committee * * * only * * *~~by and~~ with the approval of a majority of the State Executive Committee. At least ten (10) days notice shall be given by the chairman of the State Executive Committee of the reconvening of the state convention. * * *~~such~~ The notice * * *to shall be given by publication of the call of the chairman in any newspaper or newspapers having general circulation throughout the state.

(4) In the event a state convention is reconvened as * * *~~herein~~ provided * * *~~, said~~ in this section, the state convention may exercise all the power and authority conferred upon * * *~~said~~ the convention by Section 23-15-1055, and * * *~~in addition thereto~~ may revise or rescind any action taken at its previous regular session.

SECTION 172. Section 23-15-1059, Mississippi Code of 1972, is amended as follows:

23-15-1059. (1) The chairman or secretary of the State Executive Committee of each political party chosen as provided in Section 23-15-1053 shall register the name of the political party it represents, and the names of all organizations officially sanctioned by the political party, with the Secretary of State within thirty (30) days after * * *~~January 1, 1987~~ the political party is organized. Thereafter, no political party shall use or register any name which is the same as or deceptively similar to the name of a political party or officially sanctioned organization which has already been registered with the Secretary of State by any other political party. No political party or officially sanctioned organization shall use any name in any campaign literature listing or describing its candidates which does not correspond with the name of * * *~~said~~ the political party or officially sanctioned organization registered with the Secretary of State.

(2) * * *~~Any~~ The chairman or secretary of the State Executive Committee of a political party * * * shall * * *~~register~~ update the registration of the name of the political party it represents and the names of all organizations officially sanctioned by the political party with the Secretary of State * * * on an annual basis, disclosing any revisions or additions to the information to be provided by affidavit in accordance with Section 25-15-1061.

SECTION 173. Section 23-15-1061, Mississippi Code of 1972, is amended as follows:

23-15-1061. (1) The application for registration of the political party and any officially sanctioned organizations named to be presented to the Secretary of State shall be accompanied by an affidavit of the chairman or secretary of the political party seeking * * *~~such~~ the registration. * * *~~listing~~ The affidavit shall contain a list of the names of the members of the State Executive Committee, showing the chairman and secretary, * * *~~together with~~ the names of the national committeeman and committeewoman, and * * *~~all~~ the officers of * * *~~said~~ the party, * * *~~and~~ setting forth that * * *~~said~~ the executive committee and other officers of * * *~~such~~ the party have been elected in accordance with the provisions of Section 23-15-1053, or any laws supplementary or amendatory thereof * * *, . * * *~~and~~ The Secretary of State is authorized to require further proof as to the compliance with the provisions of * * *~~said~~ Section 23-15-1053 when * * * it is reasonable to do so.

(2) The chairman or secretary of the district and county executive committees of each political party, chosen as * * *~~hereinabove~~ provided in Section 23-15-1053, shall register the name of the political party it represents with the chairman or secretary of the State Executive Committee of * * *~~such~~ that political party within thirty (30) days after * * *~~January 1, 1987,~~ December 31, 2016. * * *~~and~~ The application for registration shall be accompanied by an affidavit of the chairman or secretary of the party seeking such registration listing the names of the members of the district executive committee and of the State Executive Committee, * * *~~as the case may be,~~ showing the chairman and secretary and other officers of * * *~~said~~ the party, * * *~~and~~ setting forth that * * *~~said~~ the executive committee of * * *~~such~~ the party has been elected in accordance with the provisions of Section 23-15-1053, or any laws supplementary or amendatory thereof * * *, . * * *~~and~~ The chairman or the secretary of the State Executive Committee is authorized to require further proof * * *~~as to the~~ of compliance with the provisions of * * *~~said~~ Section 23-15-1053 when * * * it is reasonable to do so. Thereafter, no political party shall use or register any name which is the same as or deceptively similar to the name of a political party or officially sanctioned organization which has already been registered with the chairman or secretary of the State Executive Committee by any other political party. No political party or officially sanctioned organization shall use any name in any campaign literature listing or describing its candidates which does not correspond with the name of * * * ~~said~~ the political party or officially sanctioned organization registered with the secretary or chairman of the State Executive Committee.

SECTION 174. Section 23-15-1063, Mississippi Code of 1972, is amended as follows:

23-15-1063. No political party in the State of Mississippi shall conduct primaries or enter candidates in any election unless * * *~~such~~ the party * * *~~shall have~~ has been duly organized under the provisions of this chapter, and the name of * * * ~~such~~ the party * * *~~shall have~~ has been registered as provided in this chapter.

SECTION 175. Section 23-15-1065, Mississippi Code of 1972, is amended as follows:

23-15-1065. * * *~~If any~~ A person shall be barred from participating in any primary election held by a political party if that person claims * * *, or represents himself in any manner to be a member of any state, district or county executive committee of any political party in this state, or claims to be the national committeeman or national committeewoman or any other officer or representative of * * *~~such~~ the political party without having been lawfully elected or chosen as such in the manner provided by the laws of this state, or by * * *~~such~~ the political party in the manner provided by the laws of this state, or * * *~~shall in like manner~~ claims to be the nominee of any political party authorized by the laws of this state to hold primary elections and choose party nominees, when in fact such person has not been declared the nominee of such political party for such office by such political party operating under the laws of this state * * *. Any person or persons who * * *~~violates~~ violate the provisions of this section, in addition to other measures or penalties provided by law, may be enjoined therefrom upon application to the courts by any person or persons, or any political party, official or representative of * * *~~such~~ the political party aggrieved * * * ~~thereby~~.

SECTION 176. Section 23-15-1067, Mississippi Code of 1972, is amended as follows:

23-15-1067. It shall be unlawful for any person or group of persons to set up or establish any political party in this state except in the manner provided by the laws of this state, and it shall be unlawful for any person or group of persons not lawful members * * *~~thereof~~ of a political party to use, * * *or attempt to use or to operate under the name of any other political party * * *~~theretofore and at the time~~ lawfully existing and operating under the laws of this state * * *~~, and each and every~~. Any person * * *~~participating in such unlawful act~~ or persons violating this section, in addition to such other measures or penalties provided by law, may be enjoined therefrom upon application to the courts by any person, or persons, or any political party, official or representative of * * *~~such~~ the political party aggrieved * * * ~~thereby~~.

SECTION 177. Section 23-15-11, Mississippi Code of 1972, is amended as follows:

23-15-11. Every inhabitant of this state, except persons adjudicated to be non compos mentis, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he seeks to vote, and for thirty (30) days in the incorporated municipality in which he or she seeks to vote, and who has been duly registered as an elector under Section 23-15-33, and who has never been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his or her residence, and shall be entitled to vote at any election upon compliance with Section 23-15-563. If the thirtieth day to register before an election falls on a legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.

Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though the person has not reached his or her eighteenth birthday at the time that the person seeks to vote at the primary election. No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.

SECTION 178. Section 23-15-17, Mississippi Code of 1972, is amended as follows:

23-15-17. * * *

~~(2)~~ Any person who has reasonable cause to suspect that such a false registration as provided in Section 97-13-25 has occurred may notify any authorized law enforcement officer with proper jurisdiction. Upon such notification, said law enforcement officer shall be required to conduct an investigation into the matter and file a report with the registrar and the appropriate district attorney. The registrar shall, within twenty-four (24) hours of receipt of the investigating officer's report, accept or reject the registration. Any person who so notifies an authorized law enforcement officer shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

SECTION 179. Section 23-15-93, Mississippi Code of 1972, is amended as follows:

23-15-93. If any * * *~~registrar or~~ elections commissioner ~~of elections~~shall refuse or neglect to perform any of the duties imposed upon him by this chapter regarding the registration of electors, or shall knowingly permit any person to sign a false affidavit or otherwise knowingly permit any person to violate any provision of this chapter regarding the registration of electors, or shall violate any of the provisions of this chapter regarding the registration of electors, or if any officer taking the affidavits as provided in this chapter regarding registration of electors shall make any false statement in his certificate thereto attached, he shall be deemed guilty of a crime and shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the penitentiary not exceeding one (1) year, and shall be removed from office.

SECTION 180. Section 23-15-285, Mississippi Code of 1972, is amended as follows:

23-15-285. The board of supervisors shall cause an entry to be made on the minutes of the board at some meeting, as early as convenient, defining the boundaries of the several supervisors districts and voting precincts in the county, and designating the voting place in each voting precinct; and as soon as practicable after any change is made in any supervisors district, voting precinct or any voting place, the board of supervisors shall cause * * *~~such~~ the change to be entered on the minutes of the board in such manner as to be easily understood. The changed boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, with the exception of county lines and municipal corporate limits.

No voting precinct shall have more than five hundred (500) qualified electors residing in its boundaries. Subject to the provisions of this section, each board of supervisors of the various counties of this state shall as soon as practical after January 1, 1987, alter or change the boundaries of the various voting precincts to comply herewith and shall from time to time make such changes in the boundaries of voting precincts so that there shall never be more than five hundred (500) qualified electors within the boundaries of the various voting precincts of this state; provided further, this limitation shall not apply to voting precincts that are so divided, alphabetically or otherwise, so as to have less than five hundred (500) qualified electors in any one (1) box within a voting precinct. However, the limitation of five hundred (500) qualified electors to the voting precinct shall not apply to voting precincts in which voting machines are used at all elections held in that voting precinct. No change in any supervisors district or voting precinct shall take effect less than thirty (30) days before the qualifying deadline for the office of county supervisor. Any change in any boundary of a supervisors district or voting precinct that is approved under the Voting Rights Act of 1965 less than thirty (30) days before such qualifying deadline shall be effective only for an election for county supervisor held in a year following the year in which such change is approved under the Voting Rights Act of 1965. Provided, however, that, with the exception of county lines and municipal corporate limits, such altered boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation.

SECTION 181. Section 23-15-295, Mississippi Code of 1972, is amended as follows:

23-15-295. When any person has qualified in the manner provided by law as a candidate for party nomination in any primary election, such person shall have the right to withdraw his name as a candidate by giving notice of his or her withdrawal in writing to the secretary of the proper executive committee at any time prior to the printing of the official ballots, and in the event of such withdrawal the name of * * *~~such~~ the candidate shall not be printed on the ballot. When a candidate for party nomination for a state or district office who has qualified with the state executive committee withdraws as a candidate as is herein set forth after the sample of the official ballot has been approved and certified by the state executive committee the secretary or chairman of the state executive committee shall forthwith notify the county executive committee of each county affected or involved of the fact of * * *~~such~~ the withdrawal and such notification shall authorize * * *~~said~~ the county executive committees to omit the name of the withdrawn candidate from the ballot if such notification is received * * *~~prior to~~ before the printing of the ballot. In the case of the withdrawal of any candidate, the fee paid by * * *~~such~~ the candidate shall be retained by the state or county executive committee, as the case may be.

SECTION 182. Section 23-15-317, Mississippi Code of 1972, is amended as follows:

23-15-317. If any person nominated for office in a primary election shall die, be removed after his or her nomination or withdraw or resign from his candidacy for a legitimate nonpolitical reason as defined in this section, and * * *~~such~~ the vacancy in nomination shall occur between the primary election and the ensuing general election, then the municipal, county or state executive committee with which the original nominee qualified as a candidate in the primary election shall nominate a nominee for such office. Where such a party nominee is unopposed each political party registered with the State Board of Election Commissioners shall have the privilege of nominating a candidate for the office involved. Such nominee shall be duly certified by the respective executive committee chairman. Within two (2) days after such nomination is made by the appropriate executive committee, such committee shall formally notify the Secretary of State of the name of the nominee. The Secretary of State shall thereupon officially notify the appropriate officials charged with conducting the election for the office wherein the vacancy occurred of the name of the nominee. All nominations made pursuant to the provisions of this section shall have the same force and effect and shall entitle the nominees to all rights and privileges that would accrue to them as if they had been nominated in the regular primary election.

"Legitimate nonpolitical reason" as used in this section shall be limited to the following:

(a) Reasons of health, which shall include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued.

(b) Family crises, which shall include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business.

(c) Substantial business conflict, which shall include the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to properly carry out the functions of the office being sought.

Any candidate who withdraws based upon a "legitimate nonpolitical reason" which is not covered by the above definition shall have the strict burden of proof for his reason.

A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit. Such affidavit shall be filed with the state party chairman of the nominee's party and the State Board of Election Commissioners. No substitution of candidates shall be authorized, except for death or disqualification, unless the State Board of Election Commissioners approves the affidavit as constituting a "legitimate nonpolitical reason" for the candidate's resignation within five (5) days of the date the affidavit is submitted to the board.

Immediately upon approval or disapproval of such affidavit, the State Board of Election Commissioners shall notify the respective executive committee of same.

SECTION 183. Section 23-15-335, Mississippi Code of 1972, is amended as follows:

23-15-335. (1) The county executive committee shall designate a person whose duty it shall be to distribute all necessary ballots for use in a primary election, and shall designate one (1) among the poll managers at each polling place to receive and receipt for the blank ballots to be used at that place. When the blank ballots are delivered to a local poll manager, the distributor shall take from the local poll manager a receipt therefor signed in duplicate by both the distributor and the poll manager, one of which receipts the distributor shall deliver to the circuit clerk and the other shall be retained by the local poll manager and said last mentioned duplicate receipt shall be enclosed in the ballot box with the voted ballots when the polls have been closed and the votes have been counted. The printer of the ballots shall take a receipt from the distributor of the ballots for the total number of the blank ballots delivered to the distributor. The printer shall secure all ballots printed by him in such a safe manner that no person can procure them or any of them, and he shall deliver no blank ballot or ballots to any person except the distributor above mentioned, and then only upon his receipt therefor as above specified. The distributor of the blank ballots shall so securely hold the same that no person can obtain any of them, and he shall not deliver any of them to any person other than to the authorized local poll managers and upon their respective receipts therefor. The executive committee shall see to it that the total blank ballots delivered to the distributor, shall correspond with the total of the receipts executed by the local poll managers.

(3) Any person charged with any of the duties prescribed in this section who shall willfully or with culpable carelessness violate the same shall be guilty of a misdemeanor.

SECTION 184. Section 23-15-545, Mississippi Code of 1972, is amended as follows:

23-15-545. (1) At each election, * * *~~the managers~~ at least one (1) poll manager shall * * *~~cause one (1) of the clerks to write~~ be charged with writing in the pollbook the word "VOTED," in the column having at its head the date of the election, opposite the name of each elector * * *~~as he votes~~ upon return of a marked paper ballot by the elector with the initials of the initialing poll manager or alternate initialing poll manager affixed thereon. When a DRE unit is used in the polling place, the word "VOTED" shall be marked by at least one (1) poll manager in the pollbook in the column having at its head the date of the election, opposite the name of the elector.

SECTION 185. Section 23-15-549, Mississippi Code of 1972, is amended as follows:

23-15-549. Any voter who declares to the poll managers of the election that he or she requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice * * *~~otherthan~~, except that voter assistance shall not be provided by a candidate whose name is on the ballot, or by a spouse, parent, sibling or child of a candidate whose name is on the ballot, or by a poll watcher who is observing the polling place on election day, or the voter's employer, or agent of that employer, or officer or agent of the voter's union.

SECTION 186. Section 23-15-871, Mississippi Code of 1972, is amended as follows:

23-15-871. * * *~~It shall be unlawful for any~~ (1) No corporation or any officer or employee thereof, or any member of a firm, or trustee or any member of any association, or any other employer, * * *to may direct or coerce, directly or indirectly, any employee to vote or not to vote for any particular person or group of persons in any election, or to discharge or to threaten to discharge any such employee, or to increase or decrease the salary or wages of an employee, or otherwise promote or demote * * *~~him~~ the employee, because of his or her vote or failure to vote for any particular candidate or group of candidates * * *.

(2) No employer, or employee having the authority to employ or discharge other employees, * * *to may make any statement public or private, or * * *to give out or circulate any report or statement, calculated to intimidate or coerce or otherwise influence any * * *~~employee as to his~~ vote of an employee, and when any such statement has * * *~~obtained circulation~~ been circulated, it shall be the duty of * * *~~such~~ the employer to publicly repudiate it * * *~~, in the absence of which repudiation~~ or the employer shall be deemed by way of ratification to have made it himself. * * *~~Nor shall any~~

(3) No employee may be requested, directed or permitted to canvass for or against any candidate or render any other services for or against any candidate or group of candidates, during any of the hours within which the salary of said employee as an employee is being paid or agreed to be paid * * *~~; nor shall any such~~. No employee may be allowed any vacation or leave of absence at the expense of the employer to render any service or services for or against any candidate or group of candidates, or to take any active part in any election campaign whatsoever * * *, except the necessary time to cast his vote.

(4) The prohibitions of this section shall apply to all state, state district, county and county district officers, and to any board or commission and the members thereof by whatever name designated and whether elective or appointive, and to each and every one of those employed by them or any of them. * * *~~And~~

(5) No state, state district, county or county district officer, or any employee * * *~~of any of them~~ who directly or indirectly has the control, or * * *~~in any way the power of control~~, or who asserts * * *~~or pretends~~ that he or she has such power, over the expenditure of any public funds in this state * * * shall state, suggest or intimate, publicly or privately, or in any manner or form, that any such expenditure shall * * *in ~~any wise~~ depend upon or be influenced by the vote of any person, group of persons, or community or group of communities, whether for or against any candidate or group of candidates at any election.

(6) This section and every part of it shall apply also to all federal officers, agents, employees, boards and commissions * * * as to any interference * * *~~by them or any of them,~~ contrary to the provisions of this chapter, in the elections of this state.

(7) Any violation of this section shall be a violation of Section 97-13-37 and shall be referred to a district attorney for prosecution.

SECTION 187. Section 23-15-883, Mississippi Code of 1972, is amended as follows:

23-15-883. The restriction imposed upon the * * *~~State Highway~~ Mississippi Transportation Commission and the boards of supervisors of the several counties in the employment of labor to work and maintain the state highways and the public roads of the several supervisors' districts of the county, as provided in Section 23-15-881, shall not apply to road contractors or bridge contractors engaged in the construction or maintenance of state highways or county roads under contracts awarded by the * * *~~State Highway~~ Mississippi Transportation Commission, or the board of supervisors, as the case may be, where such contracts shall have been awarded to the lowest responsible bidder, after legal advertisement, as provided by law; nor shall the restriction imposed in Section 23-15-881 apply to the labor employed by such road contractors or bridge contractors in carrying out such contracts. Nor shall the provisions of this chapter apply to the employment by the * * *~~State Highway~~ Mississippi Transportation Commission, or the board of supervisors, as the case may be, of extra labor employed to make repairs upon the state highways or highway bridges, or upon the county roads or bridges, in cases where such state highways or highway bridges, or such county roads or bridges, have been damaged or destroyed by severe storms, floods or other unforeseen disasters.

SECTION 188. Section 23-15-887, Mississippi Code of 1972, is amended as follows:

23-15-887. If any member of the * * *~~State Highway~~ Mississippi Transportation Commission, and any member of the board of supervisors, or the mayor or any member of the board of aldermen or other governing authority of any municipality, shall violate the provisions of this article, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment.

SECTION 189. Section 23-15-889, Mississippi Code of 1972, is amended as follows:

23-15-889. It shall be unlawful for any person to sell or offer to sell his or her vote and it shall be likewise unlawful for any person to offer money or anything of substantial value to anyone for his vote. Anyone violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisoned not more than six (6) months, or both.

SECTION 190. Section 21-9-19, Mississippi Code of 1972, is amended as follows:

21-9-19. At all elections held to choose a mayor and councilmen, or any of them, the choice of the person or persons voting shall be indicated and the ballots shall be marked in like manner as is provided by law for general state and county elections. In all cases in which two (2) or more persons are to be elected to the same office, the failure on the part of any elector to indicate his choice for as many candidates as there are officers to be elected to such office, shall render his ballot void as to any candidate voted for by him for such office.

The poll managers * * *~~of election~~ at all special and general elections for mayor and councilmen, or any of them, shall immediately, upon the closing of the polls, count the ballots and ascertain the number of votes cast in each voting precinct for each of the candidates and make return thereof to the municipal election commissioners. On the day following any special or general election, the * * *~~said~~ municipal election commissioners shall canvass said returns so received from all the voting precincts, and shall within * * *~~five~~ six (6) business days after such special or general election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear by the returns that any two (2) candidates for mayor or councilmen, have received an equal number of votes, the election shall be decided by a toss of a coin or by lot, fairly and publicly drawn * * *by under the direction of the election commissioners, with the aid of a friend of each such candidates, and a certificate of election shall be given accordingly.

The election commissioners shall, within * * *~~five~~ ten (10) business days after any special or general election, certify to the Secretary of State the name or names of the person or persons elected at such special or general election, and the Secretary of State shall, immediately upon receiving such certificates, deliver the same to the Governor, who shall immediately issue commissions to the persons mentioned in certificate.

SECTION 191. Section 37-65-123, Mississippi Code of 1972, is amended as follows:

37-65-123. The words "qualified elector" or "qualified electors" for the purposes of this article, shall in addition to the provisions of the first paragraph of Section 37-65-119, mean:

A person, who on the day he signs any petition provided for in said section, is properly registered and qualified to vote in a county wide election of the county if such were then held, according to the * * *~~books and records~~ voter roll as maintained in the Statewide Elections Management System in the office of the circuit clerk and registrar of the county, in which all or any part of the school district is located, and who is a resident of the school district in which one or more schools have been closed, and who (a) is qualified to vote in an election of a trustee of that school district, if any be elective and (b) if the school district be a municipal separate school district or a special municipal separate school district and such person lives within the corporate limits of the municipality then such person must be qualified to vote in a city wide election if such were held on the day he signs any petition herein provided for.

SECTION 192. Section 65-1-3, Mississippi Code of 1972, is amended as follows:

65-1-3. There shall be a * * *~~State Highway~~ Mississippi Transportation Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.

On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, * * *~~state highway~~ Mississippi Transportation Commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of * * *~~state highway~~ Mississippi Transportation Commissioners. The * * *~~state highway~~ Mississippi Transportation Commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified.

If any one or more of the * * *~~state highway~~ Mississippi Transportation Commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court district in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a * * *~~state highway~~ Mississippi Transportation Commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.

Each of * * *~~said state highway~~ the Mississippi Transportation Commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.

From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi Transportation Commissioners.

SECTION 193. Section 37-7-229, Mississippi Code of 1972, is amended as follows:

37-7-229. For the purpose of holding such election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district in which such election is to be held who are eligible to participate in such election. Such list shall be furnished to the election poll managers in each precinct, together with the ballots and other election supplies.

In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in said precinct and who are eligible to participate in such election. * * *~~Said~~ The election commissioners shall furnish to the * * *~~election~~ poll managers in said precinct separate ballots and separate ballot boxes and separate voting lists for each school district.

For each day spent in carrying out the provisions of Sections 37-7-225 through 37-7-229 the county election commissioners shall be paid at the rate prescribed by law.

SECTION 194. Section 23-15-631, Mississippi Code of 1972, is amended as follows:

23-15-631. (1) The registrar shall enclose with each ballot provided to an absent elector separate printed instructions furnished by him containing the following:

(a) All absentee voters, excepting those with temporary or permanent physical disabilities or those who are sixty-five (65) years of age or older, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. The absentee voter shall come to the office of the registrar and neither the registrar nor his deputy shall be required to go out of the registrar's office to serve as an attesting witness.

(b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions.

(c) After marking the ballot, fill out and sign the "ELECTOR'S CERTIFICATE" on the back of the envelope so that the signature * * *~~shall be~~ is across the flap of the envelope * * *~~so as~~ to insure the integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING WITNESS CERTIFICATE" across the flap on the back of the envelope. Place the necessary postage on the envelope and deposit it in the post office or some government receptacle provided for deposit of mail so that the absent elector's ballot, excepting presidential absentee ballots, will reach the registrar in which your precinct is located not later than 5:00 p.m. on the day preceding the date of the election.

Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or * * *~~any~~ other officer having authority to administer an oath or take an acknowledgment may be an attesting witness; provided, however, that in the case of an absent elector who is temporarily or permanently physically disabled, the attesting witness may be any person eighteen (18) years of age or older and such person is not required to have the authority to administer an oath. If a postmaster, assistant postmaster, postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If * * *~~one or the other officers herein named~~ an officer having authority to administer an oath or take an acknowledgement acts as attesting witness, his signature on the elector's certificate, together with his title and address, but no seal, shall be required. Any affidavits made by an absent elector who is in the Armed Forces may be executed before a commissioned officer, warrant officer, or noncommissioned officer not lower in grade than sergeant rating or any person authorized to administer oaths.

(d) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate preaddressed envelope provided by the registrar.

(e) A * * *~~person who is a~~ candidate for public office, or the spouse, parent or child of a candidate for public office, may not be an attesting witness for any absentee ballot upon which the * * *~~person's~~ candidate's name appears.

(f) Any voter casting an absentee ballot who declares that he requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, the spouse, parent or child of a candidate whose name appears on the absentee ballot being marked or the voter's employer, * * *or an agent of that employer or a union representative. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope.

(2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar.

(3) The Secretary of State shall prepare instructions on how absent voters may comply with the identification requirements of Section 23-15-563.

SECTION 195. Sections 23-15-111, 23-15-117, 23-15-119, 23-15-127, 23-15-129, 23-15-133, 23-15-137 and 23-15-160, Mississippi Code of 1972, which provide for the preparation, revision and maintenance of registration books and poll books, are repealed.

SECTION 196. Section 23-15-167, Mississippi Code of 1972, which provides for the funding to purchase computer hardware or software for the Centralized Statewide Voter System, is repealed.

SECTION 197. Section 23-15-169.6, Mississippi Code of 1972, which created a task force to study voting systems that comply with the Help America Vote Act of 2002 and their suitability for use in elections in Mississippi, is repealed.

SECTION 198. Section 23-15-212, Mississippi Code of 1972, which created a study committee to conduct a study to determine how registrars, election commissioners, executive committee members and poll workers can be better trained in the conduct of elections, is repealed.

SECTION 199. Section 23-15-269, Mississippi Code of 1972, which provides the penalties for an election commissioner, or any other officer or person acting as such, or performing election duty, who willfully refuse or knowingly fail to perform any duty required of him or her by the election laws, is repealed.

SECTION 200. Sections 23-15-393, 23-15-401, 23-15-403, 23-15-405, 23-15-407, 23-15-409, 23-15-411, 23-15-413, 23-15-415, 23-15-417, 23-15-419, 23-15-421, 23-15-423, 23-15-425, 23-15-427, 23-15-429, 23-15-431, 23-15-433, 23-15-435, 23-15-437, 23-15-439, 23-15-441, 23-15-443, 23-15-445, 23-15-447, 23-15-449 and 23-15-451, Mississippi Code of 1972, which provide for the use of voting machines in elections, are repealed.

SECTION 201. Sections 23-15-461, 23-15-463, 23-15-465, 23-15-467, 23-15-469, 23-15-471, 23-15-473, 23-15-475, 23-15-477, 23-15-479, 23-15-481, 23-15-483, 23-15-485 and 23-15-501, Mississippi Code of 1972, which provide for the use of electronic voting systems, are repealed.

SECTION 202. Section 23-15-509, Mississippi Code of 1972, which provides when and where OMR equipment may be used, is repealed.

SECTION 203. Section 23-15-531.7, Mississippi Code of 1972, which provides for the demonstration of DRE units, is repealed.

SECTION 204. Section 23-15-531.8, Mississippi Code of 1972, which provides for the storage and security of DRE units, is repealed.

SECTION 205. Section 23-15-531.11, Mississippi Code of 1972, which provides for the coding of challenged ballots on DRE units, is repealed.

SECTION 206. Section 23-15-555, Mississippi Code of 1972, which provides the penalty for a voter who allows his or her ballot to be seen by any person, is repealed.

SECTION 207. Section 23-15-559, Mississippi Code of 1972, which provides the times for holding primary and general election for municipalities that operate under a special or private charter, is repealed.

SECTION 208. Section 23-15-841, Mississippi Code of 1972, which provides for the holding of a primary election in special elections for county and county district seats, is repealed.

SECTION 209. Section 23-15-893, Mississippi Code of 1972, which provides the penalty for being intoxicated in or about a polling place during an election, is repealed.

SECTION 210. Section 23-15-899, Mississippi Code of 1972, which provides for identifying information to be posted on campaign materials, is repealed.

SECTION 211. This act shall take effect and be in force from and after December 31, 2016.

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Bill Text: MS HB797 | 2016 | Regular Session | Engrossed

Mississippi House Bill 797 (Prior Session Legislation)

House Bill 797

(As Passed the House)

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