Bill Text: MS HB840 | 2017 | Regular Session | Introduced
Bill Title: Early voting; authorize to occur 20 days before election day.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB840 Detail]
Download: Mississippi-2017-HB840-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections
By: Representative Blackmon
House Bill 840
AN ACT TO CREATE THE PRE-ELECTION DAY VOTING ACT; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE PRE-ELECTION DAY VOTING PERIOD SHALL BEGIN TWENTY DAYS BEFORE THE ELECTION AND CONTINUE UNTIL NOON ON THE SATURDAY IMMEDIATELY PRECEDING THE ELECTION; TO PROVIDE THAT PRE-ELECTION DAY VOTING SHALL BE FOR EACH PRIMARY, GENERAL, RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO PROVIDE THE HOURS FOR PRE-ELECTION DAY VOTING IN THE REGISTRAR'S OFFICE DURING REGULAR BUSINESS HOURS; TO PROVIDE EXTENDED HOURS TO VOTE DURING THE LAST FULL WEEK PRECEDING AN ELECTION; TO PROVIDE THAT NOTICE OF PRE-ELECTION DAY VOTING SHALL BE PROVIDED IN THREE PUBLIC PLACES EIGHT DAYS BEFORE THE VOTING BEGINS; TO PROVIDE THE PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE PRE-ELECTION DAY VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE QUALIFICATIONS OF A VOTER DURING THE PRE-ELECTION DAY VOTING PERIOD; TO AMEND SECTIONS 23-15-625, 23-15-627, 23-15-629, 23-15-631, 23-15-635, 23-15-637, 23-15-639, 23-15-641, 23-15-643, 23-15-647, 23-15-649, 23-15-657, 23-15-713, 23-15-715, 23-15-717, 23-15-719, 23-15-721 AND 23-15-735, MISSISSIPPI CODE OF 1972, TO REVISE THE VOTERS WHO ARE ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO PROHIBIT A VOTER FROM CASTING AN ABSENTEE BALLOT IN PERSON AT THE OFFICE OF THE COUNTY REGISTRAR; TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 23-15-31, 23-15-37, 23-15-43, 23-15-47, 23-15-65, 23-15-127, 23-15-153, 23-15-171, 23-15-173, 23-15-191, 23-15-195, 23-15-197, 23-15-231, 23-15-233, 23-15-239, 23-15-241, 23-15-245, 23-15-247, 23-15-251, 23-15-255, 23-15-263, 23-15-265, 23-15-267, 23-15-303, 23-15-309, 23-15-331, 23-15-333, 23-15-335, 23-15-353, 23-15-357, 23-15-359, 23-15-363, 23-15-367, 7-3-39, 23-15-407, 23-15-411, 23-15-415, 23-15-417, 23-15-425, 23-15-429, 23-15-437, 23-15-469, 23-15-473, 23-15-511, 23-15-515, 23-15-531.4, 23-15-531.6, 23-15-531.7, 23-15-545, 23-15-573, 23-15-613, 23-15-781, 23-15-785, 23-15-807, 23-15-833, 23-15-843, 23-15-851, 23-15-853, 23-15-855, 23-15-857, 23-15-859, 23-15-895, 23-15-913, 23-15-963, 23-15-977, 23-15-1031, 23-15-1081, 23-15-1083, 23-15-1085, 23-15-1091, 21-3-3, 21-9-17, 37-5-9, 37-5-7, 21-8-7 AND 9-4-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The title of Sections 1 through 6 of this chapter shall be known and may be cited as the "Pre-election Day Voting Act."
SECTION 2. For purposes of this act, these words will have the following meanings, unless their context clearly suggests otherwise:
(a) "Election" means the period of time that is available for casting a final vote. References to the time of an election or the duration of the election shall encompass, unless the context clearly indicates otherwise, the twenty (20) day period that has been designed for pre-election day voting.
(b) "Polling place" or "voting precinct" means any place that a qualified elector votes during the pre-election day voting period and on the actual election day.
SECTION 3. (1) The pre-election day voting period shall begin twenty (20) days before the date of each primary, general, runoff, special and municipal election for public office and continue until 12:00 p.m. on the Saturday immediately preceding the election day. Any qualified elector may vote during the times established for pre-election day voting in this chapter in the office of the registrar in which the elector is registered to vote.
(2) Pre-election day voting shall be conducted in the office of the appropriate registrar during regular business hours. During the last full week preceding an election, the office of the appropriate registrar may extend the office hours to accommodate pre-election day voters to allow voting during the lunch period and until 7:00 p.m. All registrar offices shall remain open from 8:00 a.m. until 12:00 p.m. for the two (2) Saturdays immediately preceding each election.
(3) Notice of the pre-election day voting hours shall be given by the officials in charge of the election not less than eight (8) days before the day pre-election day voting period begins. The notice shall be posted in three (3) public places within the county or municipality, with one (1) place being the county courthouse in a county election or city hall in a municipal election.
SECTION 4. (1) A qualified elector who desires to vote during the pre-election day voting period shall appear at the office of the appropriate registrar in the county or municipality in which the elector is registered to vote and shall present an acceptable form of photo identification. Upon verification of the proper location and identity, the elector shall sign the appropriate receipt book and cast his or her vote in the same manner that the vote would be cast on the day of the election. Except as otherwise provided in Sections 1 through 6 of this act, the election laws that govern the procedures for a person who appears to vote on the day of an election shall apply when a person appears to vote during the pre-election day voting period.
(2) All votes cast during the pre-election day voting period shall be final.
(3) The votes cast during the pre-election day voting period shall be announced simultaneously with all other votes cast on election day.
SECTION 5. Each political party, candidate or any representative of a political party or candidate pursuant to Section 23-15-577 shall have the right to be present at the office of the appropriate registrar when it is open for pre-election day voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law for challenging qualifications at the polling place on election day.
SECTION 6. The Secretary of State shall promulgate rules and regulations necessary to effectuate pre-election day voting.
SECTION 7. Section 23-15-625, Mississippi Code of 1972, is amended as follows:
23-15-625. (1) The
registrar shall be responsible for providing applications for absentee voting
as provided in this section. At least sixty (60) days * * * before any election in which
absentee voting is provided for by law, the registrar shall provide a
sufficient number of applications. In the event a special election is called
and set at a date * * *
that makes it impractical or impossible to prepare applications for
absent elector's ballot sixty (60) days * * * before the election, the
registrar shall provide applications as soon as practicable after the election
is called. The registrar shall fill in the date of the particular
election on the application for which the application will be used.
(2) The registrar
shall be authorized to disburse applications for absentee ballots to any
qualified elector within the county where he or she serves. Any person
who presents to the registrar an oral or written request for an absentee ballot
application for a voter entitled to vote absentee by mail, other than the
elector who seeks to vote by absentee ballot, shall, in the presence of the registrar,
sign the application and print on the application his or her name and address
and the name of the elector for whom the application is being requested in the
place provided for on the application for that purpose. However, if for any
reason * * *
that person is unable to write the information required, then the
registrar shall write the information on a printed form which has been
prescribed by the Secretary of State. The form shall provide a place for * * * the person to place his or her
mark after the form has been filled out by the registrar.
(3) It shall be unlawful
for any person to solicit absentee ballot applications or absentee ballots for
persons staying in any skilled nursing facility as defined in Section 41-7-173 * * * unless
the person soliciting the absentee ballot applications or absentee ballots is:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person
designated in writing by the person for whom the absentee ballot
application or absentee ballot is sought * * *.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) The registrar * * *,
upon receiving the envelopes containing the absentee ballots,
shall keep an accurate list of all persons preparing * * * the ballots * * *. The list shall be kept in a
conspicuous place accessible to the public near the entrance to * * * the registrar's office. The
registrar shall also furnish to each * * * poll manager a list of the
names of all persons in each respective precinct voting absentee ballots to be
posted in a conspicuous place at the polling place for public notice. The
application on file with the registrar and the envelopes containing the ballots
shall be kept by the registrar and deposited in the proper precinct ballot
boxes before * * *
the boxes are delivered to the election commissioners or poll managers.
At the time * * *
the boxes are delivered to the election commissioners or poll
managers, the registrar shall also turn over a list of all * * * persons who have voted by absentee ballot
and whose ballots are in the box.
(5) The registrar shall * * * be authorized to mail one (1) application
to any qualified elector of the county, who is eligible to vote by absentee
ballot, for use in a particular election.
(6) The registrar shall
process all applications for absentee ballots by using the Statewide Election
Management System. The registrar shall account for all absentee ballots
delivered to and received from qualified voters by processing * * * the ballots using the Statewide
Election Management System.
SECTION 8. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. The registrar
shall be responsible for furnishing an absentee ballot application form to any
elector authorized to receive an absentee ballot. Except as otherwise provided
in Section 23-15-625, absentee ballot applications shall be furnished to a
person only upon the oral or written request of the elector who seeks to vote
by absentee ballot; however, the parent, child, spouse, sibling, legal
guardian, those empowered with a power of attorney for that elector's affairs
or agent of the elector, who is designated in writing and witnessed by a
resident of this state who shall write his or her physical address on such
designation, may orally request an absentee ballot application on behalf of the
elector. The written designation shall be valid for one (1) year after the
date of the designation. An absentee ballot application must have the seal of
the circuit or municipal clerk affixed to it and be initialed by the registrar
or his or her deputy in order to be utilized to obtain an absentee
ballot. A reproduction of an absentee ballot application shall not be valid
unless it is a reproduction provided by the office of the registrar of the
jurisdiction in which the election is being held and which contains the seal
and initials required by this section. * * * The application shall be
substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and
registered in the ___ Precinct of the County of _____, and State of
Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will
be * * * unable to vote in person
because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
* * *
( ) I * * * am a citizen of
Mississippi temporarily residing outside of the county of my residence during
the pre-election day voting period or on election day.
( ) I am an emergency response provider, deployed due to a state of emergency declared by the President of the United States or the Governor of any state within the United States during the time period provided by law for absentee voting, pre-election day voting and election day.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
* * *
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's
Ballot' to me at the following address ____________ * * *.
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
_________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 9. Section 23-15-629, Mississippi Code of 1972, is amended as follows:
23-15-629. (1) The
application for an absentee ballot of a person who is permanently or
temporarily physically disabled shall be accompanied by a statement signed
by * * * that
person's physician, or nurse practitioner * * *. The statement must
show that the person signing the statement is a licensed, practicing * * * physician or nurse
practitioner and must indicate that the person applying for the absentee ballot
is permanently or temporarily physically disabled to such a degree that
it is difficult for him or her to vote in person.
(2) An application
accompanied by the statement provided for in subsection (1) of this section
shall entitle * * *
the permanently physically disabled person to automatically receive an
absentee ballot for all elections on a continuing basis without the necessity
for reapplication. The application accompanied by the statement provided in
subsection (1) of this section entitles the temporarily physically disabled
person to receive an absentee ballot by mail for that election and a subsequent
corresponding runoff election.
(3) The registrar of each
county shall keep an accurate list of the names and addresses of all persons
whose applications for absentee ballots are accompanied by the statement
set forth in subsection (1) of this section. Sixty (60) days * * * before each election, the
registrar shall deliver such list to the election commissioners * * * who shall examine the list and
delete from it the names of all persons listed who are no longer qualified
electors of the county. Upon completion of * * * the examination, the election
commissioners * * * shall return the list to the registrar by no later than
forty-five (45) days * * * before the election.
(4) The registrar shall
send a ballot to all persons who are determined by the election
commissioners * * * to be qualified electors pursuant to subsection (3) of this
section by no later than forty (40) days * * * before the election.
SECTION 10. 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 * * * the registrar containing the
following:
* * *
( * * *a) 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.
( * * *b) After marking the ballot, fill out
and sign the "ELECTOR'S CERTIFICATE" on the back of the
envelope so that the signature * * * is across the flap of the
envelope * * *
to * * * ensure
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 * * * will
reach the registrar in which your precinct is located not later than 5:00 p.m.
on the day * * *
before 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 * * * 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 * * * that 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 or her signature on the elector's certificate
must be authenticated by the cancellation stamp of their respective post
offices. If * * * an officer having authority to
administer an oath or take an acknowledgement acts as attesting witness,
his or her signature on the elector's certificate, together with his or
her title and address, but no seal, shall be required. * * *
( * * *c) 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. However, if time permits the registrar shall first send and
receive a returned application from the absent elector before mailing the absentee
ballot.
( * * *d) 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 * * * candidate's name appears.
( * * *e) Any voter casting an absentee
ballot who declares that he or she 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 or
her 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, 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.
* * *
SECTION 11. Section 23-15-635, Mississippi Code of 1972, is amended as follows:
23-15-635. (1) The form of
the elector's certificate, attesting witness certification and certificate of
person providing voter assistance on the back of the envelope used by absentee
voters * * *
not absent voters as defined in Section 23-15-673, shall be as follows:
"ELECTOR'S CERTIFICATE
STATE OF __________
COUNTY * * * OF __________
I, __________, under penalty
of perjury do solemnly swear that this envelope contains the ballot marked by
me indicating my choice of the candidates or propositions to be submitted at
the election to be held on the ___ day of __________, 2____, and I hereby
authorize the registrar to place this envelope in the ballot box on my behalf,
and I further authorize the * * * poll managers to open this
envelope and place my ballot among the other ballots cast before * * * those ballots are counted, and
record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
Penalties for vote fraud are
up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00).
(Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up
to one (1) year in jail and a fine of up to * * * Three
Thousand Dollars ($3,000.00). (Miss. Code. Ann. Section 97-13-37.)
____________________
(Signature of voter)
CERTIFICATE OF ATTESTING WITNESS
Under penalty of perjury I affirm that the above named voter personally appeared before me, on this the ___ day of __________, 2____, and is known by me to be the person named, and who, after being duly sworn or having affirmed, subscribed the foregoing oath or affirmation. That the voter exhibited to me his or her blank ballot; that the ballot was not marked or voted before the voter exhibited the ballot to me; that the voter was not solicited or advised by me to vote for any candidate, question or issue, and that the voter, after marking his or her ballot, placed it in the envelope, closed and sealed the envelope in my presence, and signed and swore or affirmed the above certificate.
_________________________ _________________________
(Attesting witness) (Address)
_________________________ _________________________
(Official title) (City and State)
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
( * * * If the voter has received
assistance in marking * * * his or her absentee ballot, the person who
provided assistance shall complete the following form.) I, under penalty
of perjury, hereby certify that the above-named voter declared to me that he or
she is blind, temporarily or permanently physically disabled, or cannot read or
write, and that the voter requested that I assist the voter in marking the
enclosed absentee ballot. I hereby certify that the ballot preferences on the
enclosed ballot are those communicated by the voter to me, and that I have
marked the enclosed ballot in accordance with the voter's instructions.
Penalties for vote fraud are
up to five (5) years in prison and a fine of up to Five Thousand Dollars
($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter
intimidation are up to one (1) year in jail and a fine of up
to * * * Three Thousand Dollars ($3,000.00). (Miss. Code.
Ann. Section 97-13-37.)
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(2) The envelope used
pursuant to this section * * * shall not contain the form prescribed pursuant to Section 23‑15‑719
and shall have printed on the flap on the back of the envelope in
bold print and in a distinguishing color, the following: "YOUR VOTE
WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP
OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 12. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. * * * Except as otherwise provided by Section 23-15-699, absentee
ballots must be received by the registrar by 5:00 p.m. on the date
preceding the election day; any received after * * * that time shall be handled as
provided in Section 23-15-647 and shall not be counted. * * * The registrar shall
deposit all absentee ballots which have been timely cast in the ballot boxes
upon receipt.
SECTION 13. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) In
elections in which direct recording electronic voting systems are not utilized, * * * absentee
ballots shall be * * *
examined and counted as follows:
(a) At the close of
the time for regular balloting and at the close of the polls, the * * * poll managers of each voting
precinct shall first take the envelopes containing the absentee ballots * * * from the box, and the name,
address and precinct inscribed on each envelope shall be announced by the * * * poll managers.
(b) The poll
managers shall then compare the signature on the application * * * with the signature on
the back of the envelope. If it corresponds and the affidavit, if one is
required, is sufficient and * * * the applicant
is a registered and qualified voter or otherwise qualified to vote, and * * * the applicant has not appeared
in person and voted at the election, the poll managers shall open the
envelope * * * and remove the ballot * * *, without * * * unfolding the ballot,
or * * *
permitting the ballot to be unfolded or examined.
(c) Having observed
and found the ballot to be regular as far as can be observed from its official
endorsement and before counting any ballots, the * * * poll managers shall deposit * * * the absentee ballot in the ballot box
with the other ballots * * * and enter the voter's name in the receipt book
provided for that purpose and mark "VOTED" in the pollbook or poll
list as if * * *
the absentee voter had been present and voted in person. If voting
machines are used, all absentee ballots shall be placed in the ballot box
before any ballots are counted, and the * * * poll managers in each precinct
shall immediately count * * *such the absentee ballots and add them to the votes
cast in the voting machine or device.
(2) In elections in which
direct recording electronic voting systems are utilized, the * * *
absentee
ballots shall be * * *
examined and counted as follows:
(a) At the close of
the time for regular balloting and at the close of the polls, the * * * poll managers of each voting
precinct shall first take the envelopes containing the absentee ballots * * * from the box, and the name,
address and precinct inscribed on each envelope shall be announced by the * * * poll managers.
(b) The poll
managers shall then compare the signature on the application * * * with the signature on
the back of the envelope. If it corresponds and the affidavit, if one is
required, is sufficient and * * * the applicant
is a registered and qualified voter or otherwise qualified to vote, and * * * the applicant has not appeared
in person and voted at the election, the poll managers shall mark the
unopened envelope * * * "ACCEPTED" and * * * shall enter the voter's
name in the receipt book provided for that purpose and mark "VOTED"
in the pollbook or poll list as if * * * the absentee voter had been present
and voted in person.
(c) All absentee ballot envelopes shall then be placed in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county. The official in charge of the election shall open the envelopes marked "ACCEPTED" and remove the ballot from the envelope.
(d) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.
(3) When there is a
conflict between an electronic voting system and a paper record, * * * there is a rebuttable presumption that the
paper record is correct.
* * *
SECTION 14. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) If * * * a required affidavit or the required
certificate of the officer before whom the affidavit is taken * * *
is * * *
insufficient, * * * the signatures do not correspond, * * * the applicant is not a duly qualified
elector in the precinct * * *, or otherwise qualified to vote, * * * the ballot envelope is open or has been
opened and resealed, or the voter is not eligible to vote absentee * * * and has voted
within the precinct where he or she represents himself or herself
to be a qualified elector * * *, or otherwise qualified to vote, on the date of the election * * *, the previously cast vote by
absentee ballot shall not be allowed. Without opening the voter's envelope,
the * * * poll
managers * * * shall mark across its face "REJECTED", with
the reason * * *
the ballot was rejected noted.
(2) If the ballot envelope
contains more than one (1) ballot of any kind, the ballot shall not be counted
but shall be marked "REJECTED", with the reason * * * the ballot was rejected noted.
The voter's envelopes and affidavits, * * *
when * * * the
vote is rejected, without disturbing the contents of the envelope, shall
be retained and preserved in the same manner as other ballots at the election. * * * The votes may be challenged in the
same manner and for the same reasons that any other vote cast in * * * the election may be challenged.
* * *
( * * *3) The ballots marked
"REJECTED" shall be placed in a separate envelope in the secure
ballot transfer case and delivered to the officials in charge of conducting the
election at the central tabulation point of the county.
SECTION 15. Section 23-15-643, Mississippi Code of 1972, is amended as follows:
23-15-643. If an affidavit
is required, the appropriate election officials shall examine the affidavit of
each absentee ballot envelope. If the officials are satisfied that the
affidavit is sufficient and that the absentee voter is otherwise qualified to
vote, an official shall announce the name of the voter and shall give any
person present an opportunity to challenge in like manner and for the same
cause as the voter could have been challenged had he or she presented
himself or herself personally in * * * the precinct to vote. The
ineligibility of the voter to vote by absentee ballot shall be a ground for a
challenge. Also, the officials shall consider any absentee voter challenged
when a person has previously filed a written challenge of * * * the voter's right to vote. The
election officials shall handle any such challenge in the same manner as other
challenged ballots * * *.
SECTION 16. Section 23-15-647, Mississippi Code of 1972, is amended as follows:
23-15-647. The registrar
shall keep safely and unopened all official absentee ballots * * * that are received * * * after the applicable
cutoff period * * *. Upon receipt of * * * the ballot, the registrar shall
write the day and hour of the receipt of the ballot on its envelope. All * * * absentee ballots * * * received by the registrar
after the cutoff time shall be safely kept unopened by the registrar for the
period of time required for the preservation of ballots used in the election,
and shall then, without being opened, be destroyed in like manner as the used
ballots of the election.
SECTION 17. Section 23-15-649, Mississippi Code of 1972, is amended as follows:
23-15-649. For all
elections, * * * election officials shall prepare and print, as soon as
the deadline for the qualification of candidates has passed or forty-five (45)
days * * * before
the election, whichever * * *is occurs later, official ballots for each voting
precinct to be known as absentee voter ballots * * *. These absentee ballots shall
be prepared and printed in the same form and shall be of the same size and
texture as the regular official ballot except that they shall be printed on * * * paper of a tint different from that of
the regular official ballot.
SECTION 18. Section 23-15-657, Mississippi Code of 1972, is amended as follows:
23-15-657. The registrar is
authorized to accept requests for absentee ballots by telephone. * * * The
registrar shall ascertain the name and complete address of the person making
the telephone request and the person for whom the request is being made if
different than the requestor and shall print upon the absentee ballot
application the name and complete address of the requestor * * *, the relation of * * * that person to the voter if
requested by a person other than the voter, the name and complete address of
the voter if requested by a person other than the voter and the date * * * the request was made. * * * These requests shall be processed
through the Statewide Election Management System.
SECTION 19. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose
of this subarticle, any duly qualified elector may vote by an absentee
ballot to be received by the elector and returned by mail to the registrar of
the elector's county of residence as provided in this subarticle if * * * the elector falls within one
(1) of the following categories:
* * *
( * * *a) Any qualified elector who is required
to be away from his or her place of residence on any election day due to
his or her employment as an employee of a member of the Mississippi
congressional delegation and the spouse and dependents of * * * that person if he or she * * * resides with * * * the absentee voter away from the
county of the spouse's voting residence * * *;
* * *
( * * *b) Any person who has a temporary or
permanent physical disability and who, because of * * * that disability, is unable to vote
in person without substantial hardship to himself, herself or others, or
whose attendance at the voting place could reasonably cause danger to himself,
herself or others * * *;
( * * *c) The parent, spouse or dependent of
a person with a temporary or permanent physical disability who is hospitalized
outside of his or her county of residence or more than fifty (50) miles
distant from his or her residence, if the parent, spouse or
dependent will be with * * *
that person during the pre-election day voting period or on
election day * * *;
( * * *d) Any person who is sixty-five (65)
years of age or older * * *;
( * * *e) Any member of the Mississippi
congressional delegation absent from Mississippi on election day, and the
spouse and dependents of * * *such the member of the congressional delegation * * *;
( * * *f) Any qualified elector who * * * is * * *
temporarily
residing outside of his or her county of residence during the pre-election day
voting period or on election day during the times at which the polls will
be open.
SECTION 20. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector described
in Section 23-15-713 and desiring an absentee ballot as provided in this
subarticle may secure same if * * *
, within forty-five
(45) days before any election day but not later than seven (7) days before
the election day, the elector applies for an absentee ballot as provided in the
provisions of this act. * * *
All applications, other
than those of persons having a temporary or permanent physical disability,
shall * * *
be sworn to and subscribed before an official who is authorized to
administer oaths or other official authorized to witness absentee balloting as
provided in this article. The application must be accompanied by a verifying
affidavit as required by this article. The applications of persons having a
temporary or permanent physical disability are not required to be
accompanied by an affidavit but shall be witnessed and signed by a person
eighteen (18) years of age or older. * * *
SECTION 21. Section 23-15-717, Mississippi Code of 1972, is amended as follows:
23-15-717. Any elector
enumerated in Section 23-15-713 applying for an absentee ballot shall complete
an application form as provided in Section 23-15-627, and * * * the elector shall fill in the
application as is appropriate for his or her particular situation.
SECTION 22. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719. (1) * * *
Upon receipt of a properly completed application form by an elector
qualified to vote absentee as provided in this article, the registrar shall
send the absent voter an absentee ballot within one (1) business day, or as
soon as the absentee ballot is prepared and available, containing the names of
all the candidates or propositions to be voted on in the election. The
registrar shall include with the absentee ballot an official envelope that
complies with the provisions of this article. * * * The registrar shall not personally hand deliver
ballots to voters * * *.
After * * * the absentee voter has sealed the
envelope, he or she shall subscribe and swear to an affidavit * * * and mail the ballot
to the address provided on the application. Ballots requested under Section 23-15-713(f)
shall be mailed to the voter's address outside of the county in which he or she
is registered. * * *
* * *
SECTION 23. Section 23-15-721, Mississippi Code of 1972, is amended as follows:
23-15-721. (1) Electors
temporarily residing outside the county and obtaining an absentee ballot under
the provisions of * * * Section 23-15-715 shall appear before any official authorized
to administer oaths or other official authorized to witness absentee balloting
as provided in this * * *
article. The elector shall exhibit to * * * the official his or her
absentee ballot unmarked and * * * then proceed in secret to fill
in * * * the
ballot. After the elector has * * * marked the ballot and * * * folded it, * * * the elector shall deposit it in the official
envelope * * *. After * * * sealing the envelope * * * the elector shall deliver it to the
official before whom he or she is appearing and shall subscribe and
swear to the elector's certificate provided for in Section 23-15-635, * * * and that affidavit shall be
printed on the back of the envelope as provided for in Section 23-15-635 containing
the elector's ballot.
(2) Electors who are
temporarily or permanently physically disabled shall * * *
appear before an attesting witness * * * who must be
eighteen (18) years of age or older, but need not be authorized to
administer oaths. The elector shall present his or her unmarked absentee
ballot to the attesting witness and then proceed in secret to mark his or her
ballot. After the elector has marked the ballot and folded it, the elector
shall deposit it in the envelope. After the envelope has been sealed, the
elector shall deliver it to the witness and shall subscribe and swear to the
elector's certificate provided for in Section 23-15-635, and that affidavit
shall be printed on the back of the envelope containing the elector's ballot.
The witness shall complete the certificate of the attesting witness.
(3) After the completion of
the requirements of this section, the elector shall mail the envelope
containing the absentee ballot to the registrar in the county * * * where the elector is * * * registered to vote. * * * Absentee ballots must
be received by the registrar * * * no later than
5:00 p.m. on the day * * *
before the election * * * day.
SECTION 24. Section 23-15-735, Mississippi Code of 1972, is amended as follows:
23-15-735. Absentee ballots
shall not be delivered in person to an absentee voter or to any other person * * *.
SECTION 25. 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 pre-election day
voting; 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 or pre-election
day voting, * * *
that duty shall likewise be imposed and * * * the power and authority shall
likewise be conferred upon the municipal registrar, municipal election
commission or municipal executive committee with reference to any municipal
election or pre-election day voting.
SECTION 26. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The
registrar shall keep his or her books open at his or her office
and shall register the electors of * * * the county at any time during
regular office hours.
(2) The 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 * * * before any regularly scheduled
primary or general election. The registrar shall also keep his or her
office open from 8:00 a.m. until 12:00 noon on the Saturday immediately
preceding the thirtieth day * * * before any regularly scheduled
primary or general election.
(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 * * * the county, selected by the
registrar not less than thirty (30) days before * * * any regularly scheduled primary or
general 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 * * *
that disability may contact the registrar and request that the registrar
or * * * the
registrar's deputy visit him or her for the purpose of registering * * * that person to vote. The registrar
or * * * the
registrar's deputy shall visit * * * the 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 * * * the registrar's deputy.
(5) (a) In the fall and
spring of each year the registrar of each county shall furnish all public
schools with mail-in voter registration applications. * * * The applications shall be provided
in a reasonable time to enable those students who will be eighteen (18) years
of age before a general election to be able to vote in the primary and general
elections.
(b) Each public school
district shall permit access to all public schools of this state for the
registrar or * * *
the registrar's deputy * * * to
register persons who are eligible to vote and * * * to provide voter
education.
SECTION 27. 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 * * *
those sections, the commissioners are required to hold * * * additional meetings to determine all
pending cases of registration on review * * * before the election or pre-election
day voting period at which the applicant desires to vote.
It is not the purpose of
this section to indicate the decision * * * that 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 28. Section 23-15-47, Mississippi Code of 1972, is amended as follows:
23-15-47. (1) Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.
(2) The following procedure shall be used in the registration of electors by mail:
(a) Any qualified
elector may register to vote by mailing or delivering a completed mail-in
application to his or her county registrar at least thirty (30) days * * * before any election day.
The postmark date of a mailed application shall be the 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 by contacting the applicant by telephone, by personal contact with the applicant, or by any other method approved by the Secretary of State. Within twenty-five (25) days of receipt of a mail-in application, the county registrar shall complete action on the application, including any attempts to notify the applicant of the status of his or her application.
(c) If the county
registrar determines that the applicant is qualified and his or her
application is legible and complete, * * * the registrar shall mail the
applicant written notification that the application has been approved,
specifying the county voting precinct, municipal voting precinct, if any,
polling place and supervisor district in which the person shall vote. This
written notification of approval containing the specified information shall be
the voter's registration card. The registration cards shall be provided by the
county registrar. Upon entry of the voter registration information into the
Statewide Elections Management System, the system shall assign a voter registration
number to the person. 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 * * * that makes it impossible for the
registrar to determine the eligibility of the applicant to register;
(ii) A portion of
the application * * *
that 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 * * * the voter is entitled to vote;
(iv) The applicant is not qualified to register to vote pursuant to Section 23-15-11;
(v) The registrar determines that the applicant is 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 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 registrar may write or call the
applicant at the telephone number provided on the application. If the
registrar is able to contact the applicant by mail or telephone, * * * the registrar shall attempt to
ascertain the necessary information and if this information is sufficient for
the registrar to complete the application, the applicant shall be registered. If
the necessary information cannot be obtained by mail or telephone or is not
sufficient, the registrar shall give the applicant written notice of the
rejection and provide the reason for the rejection. The registrar shall
further inform the applicant that he or she has a right to attempt to
register by appearing in person or by filing another mail-in application.
(f) If a mail-in application is subject to rejection for the reason stated in paragraph (d)(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, the mail-in application shall be deemed a written request to transfer registration pursuant to Section 23-15-13. Subject to the time limits and other provisions of Section 23-15-13, the registrar or the election commissioners shall note the new residence address on his or her records and, if necessary, transfer the applicant to his or her new county precinct or municipal precinct, if any, and advise the applicant of his or her new county precinct or municipal precinct, if any, polling place and supervisor district.
(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 * * * the 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 * * *
those 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 * * *
the stations.
(c) Bulk quantities of
forms for application for voter registration by mail shall be furnished by the
Secretary of State to any person or organization. The Secretary of State shall
charge a person or organization the actual cost he or she incurs in
providing bulk quantities of forms for application for voter registration to * * * that person or organization.
(5) The originals of completed mail-in applications shall remain on file in the office of the county registrar in accordance with Section 23-15-113. Nothing in this section shall preclude having applications on microfilm, microfiche or as an electronic image.
(6) If the applicant
indicates on the application that he or she resides within the city
limits of a city or town in the county of registration, the county registrar
shall enter the information into the Statewide Elections Management System. The
county registrar shall send municipal 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 county registrar or the municipal
clerk * * * in effectuating this subsection shall be paid by the
governing authority of the municipality. If a review of the application for
registration or changes to the registration indicates that the applicant is not
qualified to vote in the municipality, the registrar shall notify the
applicant of the correct county precinct.
(7) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided 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.
(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 29. 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 or in a sufficient amount of time to hear appeals before the period for pre-election day voting begins, and shall remain in session from day to day, so long as business may require. Three (3) commissioners shall constitute a quorum to do business; but the concurrence of at least three (3) commissioners shall be necessary in all cases for the rendition of a decision. The 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 by registration, to those who may be illegally or
improperly denied the same.
SECTION 30. Section 23-15-127, Mississippi Code of 1972, is amended as follows:
23-15-127. (1) It shall be
the duty of the registrar of the county or municipality to prepare and
furnish to the appropriate election commissioner pollbooks for each voting
precinct in which the election is to be conducted or to the appropriate
registar pollbooks for each registrar's office in which pre-election day voting
is to be conducted, in which shall be entered the name, residence, date of
birth and date of registration of each person duly registered in * * * that voting precinct as now
provided by law, and which pollbooks shall be known as "primary election
pollbooks" and shall be used only in holding primary elections.
(2) The election
commissioners of the county or municipality shall revise the primary pollbooks
at the time and in the manner and in accordance with the laws now * * * provided for under the law and in
force for revising pollbooks * * *, except they
shall not remove from the pollbook any person who is qualified to participate
in primary elections * * *.
However, upon the written request of the municipal election commission, the
county election commissioners * * * shall revise the primary pollbooks
of the municipality as provided in this subsection.
(3) All laws applicable to the revision of pollbooks now in use shall be applicable to the revision of pollbooks for primary elections, and all rights of voters to be heard and to appeal to the executive committee of his or her party from the action of the election commissioners now provided by law shall be available to the voter in the revisions of the pollbooks for primary elections provided for in this section.
SECTION 31. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the
following times, the election commissioners * * * shall meet at the office of the
registrar and carefully revise the registration books and the pollbooks of the
several voting precincts, and shall erase from those books the names of all
persons erroneously on the books, or who have died, removed or become
disqualified as electors from any cause; and shall register the names of all
persons who have duly applied to be registered and 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 * * * before the pre-election day
voting period for the first primary election for congressmen in the years
when congressmen are elected;
(c) On the first
Monday in the month immediately * * * before the pre-election day
voting period for 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 * * * before the pre-election day voting period for 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 who are duly qualified to vote in the election, no name shall be
permitted to remain on the registration books and pollbooks; however, no name
shall be erased from the registration books or pollbooks 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 * * * the
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 * * * 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 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 * * * 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 as required in subsection (1) of this section,
for not to exceed five (5) days.
(4) (a) The election commissioners * * * 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 * * * before 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 * * * 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 * * * 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 and in the conduct of a runoff election following
either a general or special election.
(6) The election
commissioners * * * shall be entitled to receive only one (1) per diem payment
for those days when the election commissioners * * * discharge more than one (1) duty or
responsibility on the same day.
(7) The county registrar
shall prepare the pollbooks and the county election commissioners * * * shall prepare the registration
books of each municipality located within the county pursuant to an agreement
between the county and each municipality in the county. The county election
commissioners * * * and the county registrar shall be paid by each municipality
for the actual cost of preparing registration books and pollbooks for the
municipality and shall pay each county election commissioner * * * a per diem in the amount provided
for in subsection (2) of this section for each day or period of not less than
five (5) hours accumulated over two (2) or more days the commissioners are
actually employed in preparing the registration books for the municipality, not
to exceed five (5) days. The county election commissioners * * * and county registrar shall provide
copies of the registration books and pollbooks to the municipal clerk of each
municipality in the county. The municipality shall pay the county registrar
for preparing and printing the pollbooks. A municipality may secure "read
only" access to the Statewide * * * Elections Management
System and print its own pollbooks using this information; however, county election
commissioners * * * shall remain responsible for preparing registration books for
municipalities and shall be paid for this duty in accordance with this
subsection.
(8) County election
commissioners * * * 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 * * * are employed in the conduct of a
primary election shall be treated the same as days county election
commissioners * * * are employed in the conduct of other elections.
(9) In addition to any per
diem authorized by this section, any election commissioner * * * shall be entitled to the mileage
reimbursement rate allowable to federal employees for the use of a privately
owned vehicle while on official travel on election day.
(10) Every election
commissioner * * * shall sign personally a certification setting forth the number
of hours actually worked in the performance of the commissioner's official
duties and for which the commissioner seeks compensation. The certification
must be on a form as prescribed in this subsection. The commissioner's
signature is, as a matter of law, made under the 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 * * * an election commissioner * * * 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 * * * chair of the commission, any
member of the board of supervisors or the clerk of the board of supervisors of * * * the 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 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 or her 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 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.
(11) Any election
commissioner * * * who has not received a certificate issued by the Secretary
of State pursuant to Section 23-15-211 indicating that the election
commissioner * * * has received the required elections seminar instruction and
that the election commissioner * * * 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 32. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Except
as otherwise provided in Section 3 of this act, municipal primary elections
shall be held on the first Tuesday in May preceding the general municipal election
and, in the event a second primary shall be necessary, * * * that second primary shall be held
on the third Tuesday in May preceding * * * the general municipal election. At * * * the 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 * * * the 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 * * * that primary, and the returns of * * * the election shall be made to * * * the 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 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) 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 33. 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. Pre-election day voting for those general municipal elections shall be conducted as provided in Section 3 of this act.
(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.
SECTION 34. 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. Pre-election day voting for the primary
election shall be conducted as provided for in Section 3 of this act. Any
candidate who receives the highest popular vote cast for the office which he or
she seeks in the first primary shall * * * become the nominee of the party for * * * that office; provided also it be a
majority of all the votes cast for that office. If no candidate receives * * * the majority of popular votes in
the first primary, then the two (2) candidates who receive the highest popular
vote for * * *
that office shall have their names submitted as * * * the candidates to a second primary,
and the candidate who leads in * * * the second primary shall be nominated
to the office. When there is a tie in the first primary of those receiving
next highest vote, these two (2) and the one (1) receiving the highest vote,
none having received a majority, shall go into the second primary, and whoever
leads in * * *
the second primary shall be entitled to the nomination.
SECTION 35. Section 23-15-195, Mississippi Code of 1972, is amended as follows:
23-15-195. Except as otherwise provided in Sections 1 through 6 of this act, all elections by the people shall be by ballot, and shall be concluded in one (1) day.
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.
(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 pre-election day voting shall be as prescribed in Sections 1 through 6 of this act.
SECTION 37. Section 23-15-231, Mississippi Code of 1972, is amended as follows:
23-15-231. * * * Before every election or pre-election
day voting period, the election commissioners * * * shall appoint three (3) persons for
each voting precinct to be managers of the election, one (1) of whom shall be
designated by the election commissioners * * * as election bailiff. * * * The 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 or
her place; and if the election commissioners * * * 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
managers. Provided, however, any person appointed to be manager or act as
manager shall be a qualified elector of the county in which the polling place
is located.
SECTION 38. Section 23-15-233, Mississippi Code of 1972, is amended as follows:
23-15-233. The managers
shall take care that the election * * * and the pre-election day voting are
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 or her qualifications as an
elector, which oath any of the managers may administer.
SECTION 39. Section 23-15-239, Mississippi Code of 1972, is amended 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 each county, in the case of all other elections, in
conjunction with the circuit clerk, shall sponsor and conduct, not less than
five (5) days * * *
before the pre-election day voting period for each election, training
sessions to instruct managers as to their duties in the proper administration
of the election and the operation of the polling place. No manager shall serve
in any election unless he or she has received * * * the instructions once during the
twelve (12) months immediately * * * before the date upon which * * * the 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 * * *, as appropriate, shall train a
sufficient number of alternates to serve in the event a manager is unable to
serve for any reason.
(b) The executive
committee of each county, in the case of a primary election, or the election
commissioners * * * of each county, in the case of all other elections, in
conjunction with the circuit clerk, shall sponsor and conduct annually an eight-hour
training course for managers that meets criteria that the Secretary of State
shall prescribe. Managers shall be required to attend this course every four
(4) years from August 7, 2008. The Secretary of State shall develop a version
of the course that may be taken by managers over the Internet. Training
courses, including, but not limited to, online training courses, that meet
criteria prescribed by the Secretary of State and are not sponsored or
conducted by the executive committee or the election commissioners * * *, may be utilized to meet the
requirements of this paragraph if the training course is approved by the
Secretary of State.
(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 * * *
chair of the county executive committee and the circuit clerk or the * * * chair of the county election
commission, as appropriate. The county executive committee shall notify the
state executive committee and the Secretary of State of the existence of * * * 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 * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair of the municipal election commission, as appropriate. The
municipal executive committee shall notify the state executive committee and
the Secretary of State of the existence of * * * the agreement.
(3) The board of
supervisors and the municipal governing authority, in their discretion, may
compensate managers who attend * * * the 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. 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 * * * 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;
(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 eight (8) days per 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 ten (10) days per 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 twelve (12) days per 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 fifteen (15) days per 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 eighteen (18) days per 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 nineteen (19) days per 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 twenty-two (22) days per 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 thirteen (13) days per 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 fourteen (14) days per year.
(6) Election
commissioners * * * shall claim the per diem authorized in subsection (5) of
this section in the manner provided for in Section 23-15-153(6).
SECTION 40. Section 23-15-241, Mississippi Code of 1972, is amended as follows:
23-15-241. The manager designated an election bailiff shall, in addition to his or her other duties, be present during the pre-election day voting period and on election day 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 41. Section 23-15-245, Mississippi Code of 1972, is amended as follows:
23-15-245. It shall be the
duty of the manager designated as bailiff to be present at the voting place,
and to take * * *
the steps * * *
that will accomplish the purpose of his or her appointment, and
he or she shall have full power to do so, and he or she may
summon to his or her 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 * * *
voting is held, shall be kept open and clear of all persons except the
election officers and two (2) challengers of good conduct and behavior,
selected by each party to detect and challenge illegal voters; and the electors
shall approach the polls from one (1) direction, line, door or passage,
and depart in another as nearly opposite as convenient.
SECTION 42. Section 23-15-247, Mississippi Code of 1972, is amended as follows:
23-15-247. The election
commissioners * * * 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 secured by good and substantial locks, and, if an adjournment shall
take place after the opening of the polls and before all the votes shall be
counted, the box shall be securely locked, so as to prevent the admission of
anything into it, or the taking of anything from it, during the time of
adjournment; and the box shall be kept by one (1) 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 or herself nor
permit it to be done, nor permit any person to have any access to it during the
time of adjournment. The box shall not be removed from the polling building or
place after the polls are opened until the count is complete, if as many as
three (3) qualified electors object. 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 * * *.
SECTION 43. Section 23-15-251, Mississippi Code of 1972, is amended as follows:
23-15-251. The election
commissioners * * *, in appointing the managers of election, shall designate
one (1) of the managers at each voting place to receive and distribute the
official ballots, and shall deliver to him or her the proper number of
ballots and cards of instruction for * * * that district not less than one (1)
day before the election; and the manager receiving the ballots from the
commissioners shall distribute the same to the electors of * * * that district in the manner herein
provided. It shall be the duty of * * * the person * * * designated * * * for service at a voting place
other than the courthouse, to carry to * * * that voting place, on the day * * * before 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 manager designated as * * * provided in this section to
the election commissioners * * * on the day * * * after the election.
SECTION 44. 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 (1) compartment to see another voter who is preparing his or her 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. Each compartment shall be supplied and have posted up in it a card of instructions, and be furnished with other conveniences for marking the ballots.
(2) The managers of each
precinct shall publicly post the following information at the precinct polling
place * * *
during any election:
(a) A sample version of the ballot that will be used at the election;
(b) Information on the date of the election and pre-election day voting and the hours during which the polling places will be open;
(c) Instructions on how to vote, including how to cast
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.
SECTION 45. Section 23-15-263, Mississippi Code of 1972, is amended as follows:
23-15-263. (1) Unless
otherwise provided in this chapter, the county executive committee at primary
elections shall perform all duties that relate to the qualification of
candidates for primary elections, print ballots for the pre-election day
voting period for primary elections and for primary * * * election day, appoint the
primary election officers, resolve contests in regard to primary elections, and
perform all other duties required by law to be performed by the county
executive committee; however, each house of the Legislature shall rule on the
qualifications of the membership of its respective body in contests involving
the qualifications of * * *
its members. The executive committee shall be subject to all the
penalties to which county election commissioners are subject, except that
Section 23-15-217 shall not apply to members of the county executive committee
who seek elective office.
(2) A member of a county
executive committee shall be automatically disqualified to serve on the county
executive committee, and shall be considered to have resigned * * * from the county executive
committee, upon his or her qualification as a candidate for any
elective office. The provisions of this subsection shall not apply to a member
of a county executive committee who qualifies as a candidate for a municipal
elective office.
(3) The primary election
officers appointed by the executive committee of the party shall have the
powers and perform the duties, where not otherwise provided, required of * * * those officers in a general
election, and any * * * act or omission which by law is an offense when committed in
or about or in respect to * * *such the general elections, shall be an offense if
committed in or about or in respect to a primary election; and the same shall
be indictable and punishable in the same way as if the election was a general
election for the election of state and county officers, except as specially
modified or otherwise provided in this chapter.
SECTION 46. 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 * * *
the period for pre-election day voting begins for any primary election
and appoint the managers and clerks for same, all of whom may be members of the
same political party. The number of managers and clerks appointed by the
county executive committee shall be the same number as election
commissioners * * * 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.
(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 * * *
chair of the county executive committee and the circuit clerk or the * * * chair of the county election
commission, as appropriate. The county executive committee shall notify the
state executive committee and the Secretary of State of the existence of * * * 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 * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair of the municipal election commission, as appropriate. The
municipal executive committee shall notify the state executive committee and
the Secretary of State of the existence of * * * the agreement.
SECTION 47. 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 * * * 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) If an adjournment shall take place after the polls are open and before all votes are counted, the ballot box shall be securely locked so as to prevent the admission into it or the taking of anything from it during the time of adjournment; 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 undertake to open it himself or herself or permit it to be done, or to permit any person to have access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are open until the count is completed if as many as three (3) electors qualified to vote at the election object.
(3) After each election,
the ballot boxes of those provided by the regular election commissioner * * * shall be delivered, with the keys
thereof immediately and as soon thereafter as possible, and without delay to
the clerk of the circuit court of the county.
(4) (a) If it is eligible
under Section 23-15-266, the county executive committee may enter into a
written agreement with the circuit clerk or the county election commission
authorizing the circuit clerk or the county election commission to perform any
of the duties required of the county executive committee pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the * * *
chair of the county executive committee and the circuit clerk or the * * * chair of the county election
commission, as appropriate. The county executive committee shall notify the
State Executive Committee and the Secretary of State of the existence of * * * 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 * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair of the municipal election commission, as appropriate. The
municipal executive committee shall notify the State Executive Committee and
the Secretary of State of the existence of such agreement.
(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 * * * the 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 48. 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.
Except as otherwise
provided in Sections 1 through 6 of this act, the board of supervisors or
the supervisor of the district in which the voting precinct is located shall
have authority, and it is made its and his or her duty when requested,
to specifically designate the respective places where the precinct election of
each party shall be held where there may be a dispute as to the room or exact
place for holding * * *
the precinct elections.
SECTION 49. 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 * * * during the days for conducting 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 * * * before the date the pre-election
day voting period begins for the first primary election, no later than 5:00
p.m. on * * *
that 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 or she is affiliated, and the office for which he or she 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 * * * the person is affiliated. The
clerk shall keep an itemized account in detail showing the time and date of the
receipt of * * *
the payment received by * * * the clerk, from whom * * * that payment was received, the
party with which * * *
the person is affiliated and for what office the person paying the fee
is a candidate. The clerk shall promptly supply all necessary information and
pay over all fees so received to the secretary of the proper municipal
executive committee. * * *
The 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 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 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 * * * the candidate 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 or her office or money coming into his or her hands
by virtue of * * *
the office. If the proper municipal executive committee finds that a
candidate either (a) does not meet all qualifications to hold the office he or
she seeks and fails to provide absolute proof, subject to no contingencies,
that he or she will meet the qualifications on or before the date of the
general or special election at which * * * the candidate could be elected, or
(b) has been convicted of a felony as described in this subsection and not
pardoned, then the name of * * * that 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 * * * that candidate the nominee.
SECTION 50. Section 23-15-331, Mississippi Code of 1972, is amended as follows:
23-15-331. It shall be the
duty of the state executive committee of each political party to furnish to
each county executive committee, not less than fifty (50) days * * * before the * * * period for pre-election day voting
begins the names of all state and state district candidates and all
candidates for legislative districts composed of more than one (1)
county or parts of more than one (1) county who have qualified as
provided by law, and in accordance with the requirements of Section 23-15-333 a
sample of the official ballot to be used in the primary, the general form of
which shall be followed as nearly as practicable.
SECTION 51. Section 23-15-333, Mississippi Code of 1972, is amended as follows:
23-15-333. (1) The county
executive committee shall have printed all necessary ballots, for use in
primary elections. The county executive committee shall have printed all
necessary absentee ballots forty-five (45) days * * * before the election as required
by law. The ballots shall contain the names of all the candidates to be voted
for at * * *
the election, 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 * * * the 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 titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(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 is left to the discretion of the county executive committee.
(3) The county executive committee shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall be printed in large, clear type on "Cards of Instruction," and the county executive committee shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the county executive committee and they may be used, if applicable, in subsequent elections.
(4) (a) If it is eligible
under Section 23-15-266, the county executive committee may enter into a
written agreement with the circuit clerk or the county election commission
authorizing the circuit clerk or the county election commission to perform any
of the duties required of the county executive committee pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the * * *
chair of the county executive committee and the circuit clerk or the * * * chair of the county election
commission, as appropriate. The county executive committee shall notify the
state executive committee and the Secretary of State of the existence of * * * 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 * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair of the municipal election commission, as appropriate. The
municipal executive committee shall notify the state executive committee and
the Secretary of State of the existence of * * * the agreement.
SECTION 52. 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 * * * during a primary election, and shall
designate one (1) among the 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 manager, the distributor shall take from the local
manager a receipt * * *
for the blank ballots signed in duplicate by both the distributor and
the manager, one of which receipts the distributor shall deliver to the circuit
clerk and the other shall be retained by the local manager and * * * the 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 or her in such a safe manner that no person can
procure them or any of them, and * * * the printer shall deliver no blank
ballot or ballots to any person except the distributor above mentioned, and
then only upon his or her receipt * * * for the blank ballots as above
specified. The distributor of the blank ballots shall so securely hold the
same that no person can obtain any of them, and * * * the distributor shall not deliver any
of them to any person other than to the authorized local managers and upon
their respective receipts * * *therefor for the blank ballots. 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 managers.
(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 * * *
chair of the county executive committee and the circuit clerk or the * * * chair of the county election
commission, as appropriate. The county executive committee shall notify the
state executive committee and the Secretary of State of the existence of * * * 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 * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair of the municipal election commission, as appropriate. The
municipal executive committee shall notify the state executive committee and
the Secretary of State of the existence of * * * the agreement.
(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 53. 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 * * * pre-election day voting for that
election begins, the number of registered voters in each voting precinct;
and he or she shall have printed and distributed a sufficient number of
ballots for use in each precinct. * * * The officer charged with printing and
distributing the official ballot shall also prepare full instructions for
the guidance of electors at elections as to obtaining ballots, the manner of
marking them, and the mode of obtaining new ballots in the place of those
spoiled by accident. The instructions shall be printed in large, clear type,
on "cards of instruction," and the officer shall furnish the same in
sufficient numbers for the use of electors. The cards shall be preserved by
the officers of election and returned by them to the election
commissioners * * *; and they may be used, if applicable, in subsequent
elections.
SECTION 54. Section 23-15-357, Mississippi Code of 1972, is amended as follows:
23-15-357. On the back and
outside of the ballot shall be printed the words "OFFICIAL BALLOT,"
the name of the voting precinct or place for which the ballot is prepared, * * * the date of the election and the date
the voter cast his or her ballot if the ballot was cast during the period for
pre-election day voting.
SECTION 55. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) Except as provided in this section, 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 and assessments that must be paid pursuant to Section 23-15-297. 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.
(h) For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
(2) (a) Unless the petition
or fee, whichever is applicable, required above shall be filed as provided for
in subsection (3), (4) or (5) 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 * * * the names shall be listed under the
name of the political party * * * the candidate represents as
provided by law and as certified to the circuit clerk by the state executive
committee of * * *
the political party. In the event * * * the candidate qualifies as an
independent as provided in this section, he or she 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 Secretary of State by no later than 5:00 p.m.
on the same date by which candidates 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.
(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
by which candidates 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 all persons who have filed petitions with * * * the clerk. * * * The notification shall occur within
two (2) business days and shall contain all necessary information.
(5) The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
(6) The commissioners may
also have printed upon the ballot any local issue election matter that is
authorized to be * * *
voted on * * * during the regular or general election pursuant
to Section 23-15-375; however, the ballot form of * * * the local issue must be filed with
the election commissioners * * * by the appropriate governing
authority not less than sixty (60) days * * * before the date * * * the pre-election day voting period begins
for the election.
(7) 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.
(8) 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 Secretary of State and signed by not less than fifty (50) qualified electors.
(9) 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 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.
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 or her office or money coming into his or her
hands by virtue of * * *
the 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 or she seeks and fails to provide
absolute proof, subject to no contingencies, that he or she will meet the
qualifications on or before the date of the general or special election at
which he or she could be elected, or (c) has been convicted of a felony as
described in this subsection, and not pardoned, then the name of * * * that 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.
(10) 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 * * * that 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 commission in accordance with
the provisions of subsection (9) of this section and if the candidate has filed
all required campaign finance disclosure reports as required by Section 23-15-807.
(11) The petition required by this section may not be filed by using the Internet.
SECTION 56. Section 23-15-363, Mississippi Code of 1972, is amended as follows:
23-15-363. After the proper
officer has knowledge of or has been notified of the nomination, as provided,
of any candidate for office, the officer shall not omit his or her name
from the ballot, unless upon the written request of the candidate nominated,
made at least ten (10) days before the pre-election day voting for the
election begins, and in no case after * * * the ballot has been printed; and
every ballot shall contain the names of all candidates nominated as specified,
and not duly withdrawn.
SECTION 57. 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 arrangement of the names of the candidates, and the order in which the titles of the various offices shall be printed, and 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; but the arrangement need not be uniform.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(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 is left to the discretion of the officer charged with printing the official ballot.
(3) It is the duty of the
Secretary of State, with the approval of the Governor, to furnish the
designated commissioner of each county a sample of the official ballot, not
less than fifty-five (55) days * * * before the pre-election day
voting period begins for the election, the general form of which shall be
followed as nearly as practicable.
SECTION 58. Section 7-3-39, Mississippi Code of 1972, is amended as follows:
7-3-39. The Secretary of
State shall have published in full each constitutional amendment two (2) weeks * * * before the period for pre-election
day voting for the election, if pre-election day voting is authorized
for that election, at which the qualified electors shall vote on * * * the amendments, in each county in
each newspaper having a general circulation in the county, as defined in
Section 13-3-31; or * * *
the Secretary of State shall have each amendment posted in three (3)
public places in the county if all * * * the newspapers in the county refuse
to publish same at the price provided in Section 7-3-41.
SECTION 59. Section 23-15-407, Mississippi Code of 1972, is amended as follows:
23-15-407. The board of supervisors of any county or the governing authorities of any municipality may provide for each voting precinct one or more voting machines in complete working order, and thereafter the circuit clerk where machines are purchased or rented by the board of supervisors, and clerk of the municipalities where purchased by the governing authorities of a municipality, shall preserve and keep them in repair, and shall have custody thereof when not in use at an election or during the period for pre-election day voting.
SECTION 60. Section 23-15-411, Mississippi Code of 1972, is amended as follows:
23-15-411. The officer who
furnishes the official ballots for any polling place where a voting machine is
to be used, shall also provide two (2) sample ballots or instruction ballots * * * that
shall be arranged in the form of a diagram showing * * * the portion of the front of the
voting machine as it will appear after the official ballots are arranged
thereon or therein for voting on election day and during the pre-election
day voting period. * * *Such The sample ballots shall be open to the inspection
of all voters on election day and during the pre-election day voting period,
in all primaries and general elections where voting machines are used.
SECTION 61. Section 23-15-415, Mississippi Code of 1972, is amended as follows:
23-15-415. It shall be the
duty of the authorities in charge of any election where a voting machine is to
be used, to have the machine at the proper polling place or places before the
time fixed for opening of the polls, and the counters set at zero, and
otherwise in good and proper order for use at * * * that election. For the purpose of
placing ballots in the ballot frames of the machine, putting it in order,
setting, testing and adjusting and delivering the machine, the authorities in
charge of elections may employ one or more competent persons, to be known as
custodian or custodians of voting machines, who shall be fully competent,
thoroughly instructed, and sworn to perform his or her duties honestly
and faithfully, and for such purpose shall be appointed and instructed at least
thirty (30) days before pre-election day voting begins for the
election. All voting machines to be used in an election shall be properly
prepared at least three (3) days * * * before pre-election day voting
begins for the election * * *. When a voting machine has been properly
prepared for election, it shall be locked against voting and sealed; and the
keys thereof shall be delivered to the registrar, together with a written
report made by the custodian or official preparing the machine, stating that it
is in every way properly prepared for the election. After the voting machine
has been transferred to the polling place, it shall be the duty of the managers
to provide ample protection against molestation or injury to the machine. All
voting machines used in any election shall be provided with a screen, hood or
curtain which shall be so made and adjusted as to conceal the voter and * * * the voter's action while voting.
SECTION 62. Section 23-15-417, Mississippi Code of 1972, is amended as follows:
23-15-417. At least twenty-one
(21) days before pre-election day voting begins for each election, the
officials in charge of the elections shall appoint one or more persons to
instruct the managers and clerks that are to serve in a voting precinct in the
use of the machine, and in their duties in connection therewith; and * * * that person or persons so appointed
shall give to each manager and clerk, who has received * * * the instruction and is fully
qualified to properly conduct the election with the machine, a certificate to
that effect. For the purpose of giving * * * the instruction, the person or
persons appointed as instructors shall call such meeting or meetings of the
managers and clerks as shall be necessary. * * * The person shall, within five (5)
days, file a report with the officials in charge of the elections, stating that
he or she has instructed the managers and clerks, giving the names of * * * the officers, and the time and
place where * * *
the instruction was given. The managers and clerks of each voting
precinct in which a voting machine is to be used shall attend * * * that meeting, or meetings, as shall
be called for the purpose of receiving * * * the instruction concerning their
duties as shall be necessary for the proper conduct of the election with the
machine. No manager or clerk shall serve in any election at which a voting
machine is used, unless he * * * or she has received * * * the instruction and is fully
qualified to perform the duties in connection with the machine, and has
received a certificate to that effect, provided, however, that this shall not
prevent the appointment of a person as a manager or clerk to fill a vacancy in
an emergency.
SECTION 63. Section 23-15-425, Mississippi Code of 1972, is amended as follows:
23-15-425. If the official
ballots for a voting precinct, at which a voting machine is to be used, shall
not be delivered in time for use during pre-election day voting or for use
on election day or after delivery shall be lost, destroyed or stolen, the
official or officials, whose duty it now is, in such case, to provide other
ballots for use at * * *
those elections in lieu of those ballots lost, destroyed or
stolen, shall cause other ballots to be prepared, printed or written, as nearly
as may be, of the form and description of the official ballots, and officials
in charge of the election shall cause the ballots so substituted to be used * * * during the election in the same
manner, as nearly as may be, as the official ballots would have been.
SECTION 64. Section 23-15-429, Mississippi Code of 1972, is amended as follows:
23-15-429. * * * Before the opening of the
polls, the managers and clerks of each voting precinct shall meet at the
polling place at the time set for opening of the polls, for pre-election day
voting and at each election, and shall proceed to arrange the furniture,
stationery and voting machine for the conduct of the pre-election day voting
and the election. The keys to the voting machines shall be delivered to
the managers before the time set for opening the polls, in a sealed envelope,
on which shall be written or printed the number and location of the voting
machine, and the number of the seal and the number registered on the protective
counter or device, as reported by the custodian or official preparing the
machine. Before opening the envelope, all managers and clerks present shall
examine the number on the seal on the machine, also the number registered on
the protective counter, and shall see if they are the same as the number
written on the envelope; and if they are not the same, the machine must not be
opened until the custodian, or other authorized person, * * * has been notified and * * * has presented himself or
herself at the polling place for the purpose of re-examining * * * the machine and * * * certifying that it is properly
arranged.
If the numbers on the
envelope are the same as those on the machine, the election officers shall
proceed to open the doors concealing the counters, and each officer shall
carefully examine every counter and see that it registers zero, and the same
shall be subject to the inspection of official watchers. The machine shall
remain locked against voting until the polls are formally opened, and shall not
be operated except by voters in voting. If any counter is found not to
register zero, the manager shall immediately notify the officials in charge of
the election or the custodian, who shall, if practicable, adjust the counters
at zero; but if it shall be impracticable to so adjust * * * the counters before the time set
for opening the polls, the managers shall immediately make a written statement
of the designating letter and number of * * * that counter, together with the
number registered thereon, and shall sign and post same upon the wall of the
polling room, where it shall remain throughout the period for pre-election
day voting and election day, and, in filling out the statement of canvass,
they shall subtract * * *
the number from the number then registered thereon.
SECTION 65. Section 23-15-437, Mississippi Code of 1972, is amended as follows:
23-15-437. For the
instruction of voters during pre-election day voting and on any election
days, there shall, so far as practicable, be provided for each polling place a
mechanically operated model of a portion of the face of the machine. * * * That model, if furnished, shall,
during the times for the election, be located on the clerk's table, or
in some other place which the voters must pass to reach the machine, and each
voter shall, before entering the machine, be instructed regarding its operation
and * * * the
instruction illustrated on the model, and the voter given opportunity to
personally operate the model. The voter's attention shall also be called to
the diagram of the face of the machine so that the voter can become familiar
with the location of the questions and the names of the offices and
candidates. In case any voter, after entering the voting machine, shall ask
for further instructions concerning the manner of voting, two (2) election
officers may, if necessary, enter the booth and give him * * * or her the instructions, but no
manager or person assisting a voter shall, in any manner request, suggest or
seek to persuade or induce any such voter to vote any particular ticket, or for
any particular ticket, or for any particular candidate, or for or against any
particular ticket, or for or against any particular candidate, or for or
against any particular amendment, question or proposition. After giving * * * the instructions and before * * * that voter shall have registered
his or her vote, the officers or person assisting * * * that voter shall retire and * * * the voter shall then register his or
her vote in secret as he or she may desire.
SECTION 66. Section 23-15-469, Mississippi Code of 1972, is amended as follows:
23-15-469. Ballots and
ballot labels shall, as far as practicable, be in the same order of arrangement
as provided for paper ballots, except that * * * the information may be printed in
vertical or horizontal rows, or in a number of separate pages which are placed
on the voting device. Ballot labels shall be printed in plain clear type in
black ink and upon clear white materials of such size and arrangement as to fit
the construction of the voting device. Arrows may be printed on the ballot
labels to indicate the place to punch the ballot card, 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 or on a series of separate pages,
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 than can be printed in one (1)
column or on one (1) ballot page, the ballot or ballot label shall be clearly
marked that the list of candidates is continued on the following column or
page, and, so far as possible, the same number of names shall be printed on
each column or page. The names of candidates for each office shall be printed
in vertical columns or on separate pages, grouped by the offices which they
seek. In partisan elections, the party designation of each candidate, which
may be abbreviated, shall be printed following * * * the candidate's name.
Two (2) sample ballots, which shall be facsimile copies of the official ballot or ballot labels, and instructions to voters, shall be provided for each precinct and shall be posted in each polling place during the pre-election day voting and on election day.
Sample ballots may be
printed on a single page or on a number of pages stapled together. A separate
write-in ballot, which may be in the form of a paper ballot, card or envelope
in which the voter places his or her ballot card after voting, shall be provided
if required to permit voters to write in the title of the office and the name
of a person not on the printed ballot for whom * * * the voter wishes to vote.
SECTION 67. Section 23-15-473, Mississippi Code of 1972, is amended as follows:
23-15-473. The circuit
court clerk shall be the custodian of voting devices acquired by a county, who
shall be charged with the proper storage, maintenance and repair of voting
devices, and the preparation of them for voting * * * before elections. After they
have been prepared for an election or pre-election day voting period and
at least three (3) days * * *prior thereto before the period for voting begins, the
voting devices shall be available for public inspection at a time and place
designated by the custodian. Thereafter they shall be locked or sealed before
delivery to the managers of the election. The custodian shall immediately
repair, replace or remove any voting device which fails to function properly during
pre-election day voting or on election day. The clerk of any municipality
which acquires voting devices shall be the custodian of * * * those voting devices and perform
the same functions.
If a voting device at a
polling place malfunctions and cannot be repaired or replaced quickly and there
is no other device in the polling place that can be used to perform the
function of the device that malfunctions, unofficial ballots made as nearly as
possible in the form of the official ballot may be used until the voting device
is repaired or replaced. * * *Such The ballots shall be received by the managers and
placed by them in a receptacle in such case to be provided by the managers, and
counted with the votes registered on the voting device; and the result shall be
declared the same as though there had been no accident to the voting device;
the ballots thus voted shall be preserved and returned as herein directed, with
a certificate or statement setting forth how and why the same were voted.
SECTION 68. 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 * * * 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 * * * 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, 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. Absentee
ballots shall be prepared and printed in the same form and shall be on the same
size and texture as the regular official ballots, except that they shall be
printed on tinted paper; or the ink used to print the ballots shall be of a
color different from that of the ink used to print the regular official
ballots. 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 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 * * * that they seek. In partisan
elections, the party designation of each candidate, which may be abbreviated,
shall be printed following his or her name.
Two (2) sample ballots, which shall be 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 during pre-election day voting and on election day.
A separate ballot security envelope or suitable equivalent in which the voter can place his or her ballot after voting, shall be provided to conceal the choices the voter has made. Absentee voters will receive a similar ballot security envelope provided by the county in which the absentee voter will insert their voted ballot, which then can be inserted into a return envelope to be mailed back to the election official. Absentee ballots will not be required to be folded when a ballot security envelope is provided.
SECTION 69. 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 and preparation of them for tabulating * * * before elections. The
custodian shall repair or replace any tabulating equipment which fails to
function properly during pre-election day voting or on election day.
The clerk of any municipality which acquires OMR tabulating equipment shall be
the custodian of * * *
the equipment and perform the same functions.
SECTION 70. Section 23-15-531.4, Mississippi Code of 1972, is amended as follows:
23-15-531.4. (1) The officials in charge of the election of each county or municipality shall:
(a) Cause the proper number of DRE units to be delivered;
(b) Cause the proper ballot design and style to be programmed for each DRE unit which is to be used in any precinct within the county or municipality;
(c) Cause each DRE unit to be placed in proper order for voting;
(d) Examine each unit before it is sent to a polling place;
(e) Verify that each registering mechanism is set at zero; and
(f) Properly secure each unit so that the counting machinery cannot be operated until later authorized.
(2) The circuit clerk shall be the custodian of the DRE units acquired by the county.
(3) The officials in charge of the election shall be responsible for the preparation of the units to be used in the county or municipality at the primaries and other elections in the county or municipality.
(4) (a) On or before the third day preceding the period for pre-election day voting or any election, except runoff elections, the officials in charge of the election shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the Secretary of State may prescribe by rule or regulation.
(b) On or before the
third day preceding pre-election day voting period for runoff elections or
any runoff election, the officials in charge of the election shall test a
number of DRE units at random to ascertain that the units will correctly count
the votes cast for all offices. If the total number of DRE units in the county
is thirty (30) units or less, all of the units shall be tested. If the total
number of DRE units in the county is more than thirty (30) but not more than
one hundred (100), then at least one-half (1/2) of the units shall be tested at
random. If there are more than one hundred (100) DRE units in the county, the
officials in charge of the election shall test at least fifteen percent (15%)
of the units at random. In no event shall the officials in charge of the
election test less than one (1) DRE unit per precinct. All memory cards to be
used in the runoff shall be tested. Public notice of the time and place of the
test shall be made at least five (5) days * * * before the test is conducted.
Representatives of candidates, political parties, news media and the public
shall be permitted to observe * * * the tests.
(5) In every primary or general election, the officials in charge of the election shall furnish, at the expense of the county or municipality, all ballots, forms of certificates and other papers and supplies required under this subarticle which are not furnished by the Secretary of State, all of which shall be in the form and according to any specifications prescribed from time to time by the Secretary of State.
SECTION 71. 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 to the county or municipality, as the case may be.
(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 or pre-election day voting period and shall cause each unit to be set up in the proper manner for use in voting.
(3) The officials in charge
of the election shall require that each DRE unit be thoroughly tested,
inspected and sealed * * * before each DRE unit is delivered
to the polling place. * * * Before the polls open each day * * * that the units will be used in
an election, the 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 * * * that certification on each unit.
(4) The officials in charge of the election 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 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 or poll manager.
(5) The officials in charge
of the election, in conjunction with the governing authorities, shall, at least
one (1) hour * * *
before the * * * polls open:
(a) Provide sufficient lighting to enable electors to read the ballot and which shall be suitable for the use of the poll managers in examining the booth and conducting their responsibilities;
(b) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two (2) sample ballots for the primary or general election which shall be prominently posted outside the enclosed space within the polling place;
(c) Ensure that each DRE unit's tabulating mechanism is secure throughout the days for pre-election day voting and 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 72. Section 23-15-531.7, Mississippi Code of 1972, is amended as follows:
23-15-531.7. The officials in charge of the election shall place on public exhibition and demonstrate the use of the DRE units throughout the county or municipality during the month preceding the pre-election day voting period for each primary and general election. At least during the initial year in which DRE equipment is used in a county or municipality, all officials in charge of the election shall offer a series of demonstrations and organized voter education initiatives to educate electors in the use of such equipment in voting.
SECTION 73. Section 23-15-545, Mississippi Code of 1972, is amended as follows:
23-15-545. At each election, the managers shall cause one (1) of the clerks to write in the pollbook the word "VOTED," in the column having at its head the date of the election and the date the vote was cast if the voter cast his or her ballot during the pre-election day voting period, opposite the name of each elector as he or she votes.
SECTION 74. 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 * * * the person is eligible to vote in the
election, but * * *
the person's name does not appear upon the pollbooks, or that * * * the person is not able to cast a
regular election * * *
ballot under a provision of state or federal law but is otherwise qualified to
vote, or that * * *
the person has been illegally denied registration:
(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 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 * * * 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.
(c) The manager shall
allow the individual to prepare his or her vote which shall be delivered
by * * * the
individual to the proper election official who shall enclose it in an
envelope with the written affidavit of the voter, seal the envelope and mark
plainly upon it the name of the person offering to vote.
(2) The affidavit shall include:
(a) The complete name, all required addresses and telephone numbers;
(b) A statement that the affiant believes he or she is registered to vote in the jurisdiction in which he or she offers to vote;
(c) The signature of the affiant; and
(d) The signature of a poll manager at the precinct at which the affiant offers to vote.
(3) (a) A separate register shall be maintained for affidavit ballots and the affiant shall sign the register upon completing the affidavit ballot.
(b) 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.
(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 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 other elections.
(6) County registrars and municipal registrars shall implement 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.
(7) 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, 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 75. 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 * * *
used for 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 an electronic or automatic tabulating device 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. * * * The 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 * * * during 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, including the period for pre-election day voting, 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 * * * during the election and a description
of any verbal instructions and any other evidence of voter education that was * * * used during 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 electronic or automatic tabulating devices, 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, including the period for pre-election day voting, 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
(e) Include a copy of
any printed voting instructions given or visible to voters * * * during the election and a description
of any verbal instructions and any other evidence of voter education that was * * * used during the election.
(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 * * * during 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;
(c) Recommendations for reducing the number of residual votes reported; and
(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 76. Section 23-15-781, Mississippi Code of 1972, is amended as follows:
23-15-781. The number of electors of President and Vice President of the United States to which this state may be entitled, shall be chosen by the qualified electors of the state at large, on the first Tuesday after the first Monday of November in the year in which an election of President and Vice President shall occur and during the pre-election day voting period.
SECTION 77. Section 23-15-785, Mississippi Code of 1972, is amended as follows:
23-15-785. (1) When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1,000) qualified voters of this state.
(2) The certificate of
nomination by a political party convention must be signed by the presiding
officer and secretary of the convention and by the * * * chair of the state executive
committee of the political party making the nomination. Any nominating
petition, to be valid, must contain the signatures as well as the addresses of
the petitioners. The certificates and petitions must be filed with the State
Board of Election Commissioners by filing them in the Office of the Secretary
of State by 5:00 p.m. not less than sixty (60) days * * * before the day * * * pre-election day voting begins for
the election.
(3) Each certificate of
nomination and nominating petition must be accompanied by a list of the names
and addresses of persons, who shall be qualified voters of this state, equal in
number to the number of presidential electors to be chosen. Each person so
listed shall execute the following statement which shall be attached to the
certificate or petition when it is filed with the State Board of Election
Commissioners: "I do hereby consent and do hereby agree to serve as
elector for President and Vice President of the United States, if elected to
that position, and do hereby agree that, if so elected, I shall cast my ballot
as such for ______ for President and _______ for Vice President of the United
States" (inserting in * * * the blank spaces the respective
names of the persons named as nominees for * * * the respective offices in the
certificate to which this statement is attached).
(4) The State Board of
Election Commissioners and any other official charged with the preparation of
official ballots shall place on * * * the official ballots the words
"PRESIDENTIAL ELECTORS FOR (here insert the name of the candidate for
President, the word 'AND' and the name of the candidate for Vice
President)" in lieu of placing the names of such presidential electors on
the official ballots, and a vote cast therefor shall be counted and shall be in
all respects effective as a vote for each of the presidential electors
representing those candidates for President and Vice President of the United
States. In the case of unpledged electors, the State Board of Election
Commissioners and any other official charged with the preparation of official
ballots shall place on * * *
the official ballots the words "UNPLEDGED ELECTOR(S) (here insert
the name(s) of individual unpledged elector(s) if placed upon the ballot based
upon a petition granted in the manner provided by law stating the individual
name(s) of the elector(s) rather than a slate of electors)."
SECTION 78. 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 may terminate its obligation to report only upon
submitting a final report that it will no longer receive any contributions or
make any disbursement and that * * * the 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 expenditures 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 at * * * the 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 pre-election
day voting begins for any election in which * * * the candidate or political
committee has accepted contributions or made expenditures and which shall be
complete as of the tenth day before * * * the pre-election day
voting begins;
(ii) In 1987 and every fourth year thereafter, 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 * * *
that shall be filed no later than January 31 of the following calendar
year.
(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) * * * 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 those required to be identified pursuant to * * * paragraph (ii) of this * * * subsection as well as the
total of all other contributions and expenditures during the calendar year. * * * The 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 * * * the 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 * * *
the 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 * * * paragraphs (i), (ii) and (iii) of
this * * *
subsection, 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.
(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 * * * subsection (b) of this
section. If the date specified in * * * subsection (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 * * *
subsection (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 of the candidate's political committee.
(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 79. 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 and during the period established for pre-election day voting 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 * * * the election, then a runoff election
shall be held three (3) weeks after * * * that election and the two (2)
candidates who receive the highest popular votes for * * * the office shall have their names
submitted as * * *
the candidates to the * * * runoff and the candidate who leads in * * * 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 * * * the runoff election shall be
entitled to the office.
In those years when the
regular special election day shall occur * * * during the same * * * period of time 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 * * *
during the same * * *
period of time 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 80. 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 * * * the vacancy occurs
issue his or her proclamation calling an election to fill a vacancy in
the office of district attorney to be held * * * during the next regular special
election * * *
time period in the district wherein * * * the vacancy * * * occurred unless the vacancy * * * occurs before ninety (90) days * * * 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 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 * * * the special election, the Governor
shall make an emergency appointment to fill the vacancy until the same shall be
filled by election as * * *
provided in this section.
SECTION 81. 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) 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) days * * * before the pre-election day
voting begins for 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 * * *
the election shall be held for as near forty (40) 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 a 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 82. Section 23-15-853, Mississippi Code of 1972, is amended as follows:
23-15-853. (1) If a
vacancy happens 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 * * * the vacancy occurs, and to be held
at a time fixed by his or her 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 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 newspaper having a general
circulation in the county and by posting notice * * * of the election 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) days * * * before the * * * pre-election day voting period
begins for the election. The election commissioners * * * shall have printed on the ballot in * * * the 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) days * * * before the * * * pre-election day voting period
begins for the election.
There shall be attached to
each petition above provided for, upon the time of filing with * * * the Secretary of State, a
certificate from the appropriate registrar or registrars showing the number of
qualified electors appearing upon each * * * petition * * * that the registrar shall furnish
to the petitioner upon request.
SECTION 83. 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 * * * the vacancy, issue his or her
proclamation for an election to be held in the state to elect a Senator to fill * * * the 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 * * *
the election shall be certified to the Governor in the manner set out
above for regular elections, unless the vacancy shall occur in a year that
there shall be held a general state or congressional election, in which event
the Governor's proclamation shall designate the period for conducting 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 * * * 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 * * * of the vacancy, and the Senator
so appointed shall serve until his or her successor is elected and
commissioned as provided for in subsection (1) of this section, provided that * * * the unexpired term as he or
she 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 or she shall serve for
the full time of the unexpired term and no special election shall be called by
the Governor but his or her successor shall be elected * * * during the regular election.
SECTION 84. Section 23-15-857, Mississippi Code of 1972, is amended as follows:
23-15-857. (1) When it
shall happen that there is any vacancy 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 city, town or village. The municipal clerk
shall certify to the Secretary of State the * * * appointment, and the person or
persons so appointed shall be commissioned by the Governor.
(2) When it shall happen
that there is any 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 * * * the city, town or village shall
make and enter on the minutes an order for an election to be held in * * * the city, town or village to fill
the vacancy and fix a * * *
time period upon which * * * the election shall be held. * * * The order shall be made and entered
upon the minutes at the next regular meeting of the governing authority after * * * the vacancy * * * has occurred, or at a special
meeting to be held not later than ten (10) days after * * * the vacancy shall have occurred,
Saturdays, Sundays and legal holidays excluded, whichever shall occur first. * * * 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 * * * the election shall be given by the
municipal clerk by notice published in a newspaper published in the
municipality. * * *
The notice shall be published once each week for three (3) successive
weeks * * *
before the date of * * *such the election. The first notice to be published at
least thirty (30) days before the * * * pre-election day voting period
begins for the election. Notice shall also be given by posting a copy of * * * the notice at three (3) public
places in * * *
the municipality not less than twenty-one (21) days * * * before the * * * period for pre-election day
voting begins for the election. One (1) of * * * 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 the notice shall be published as provided for
above in a newspaper * * *
that has a general circulation within the municipality and by posting as
provided for above. In addition, the governing authority may publish * * * the notice in * * * the newspaper for * * * the 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 * * * pre-election day voting period begins for the election and * * * 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 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 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 * * * the election shall be elected. 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 election to be held two (2) weeks thereafter. The
candidate receiving a majority of the votes cast in * * * 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) weeks
thereafter, and whoever receives the most votes cast in * * * the election shall be elected.
Should the election to be held two (2) weeks thereafter result in a tie vote, the candidate to prevail shall be decided by lot, fairly and publicly drawn under the supervision by 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 * * *
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 * * *
before the * * * pre-election day voting period begins for 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 to the Secretary of State the fact of the
appointment, and the person so appointed shall be commissioned by the Governor.
SECTION 85. 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 election does not
specify the time within which * * * 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 * * * that election shall be held. * * * The date shall not be less than
twenty-one (21) nor more than thirty (30) days after the date upon which * * * the resolution is adopted, and not
less than three (3) weeks' notice of * * * the 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 * * * pre-election day voting begins for
the election, and by posting a copy of * * * the notice at three (3) public
places in * * *
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.
SECTION 86. Section 23-15-895, Mississippi Code of 1972, is amended as follows:
23-15-895. It shall be unlawful for any 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 post or distribute cards, posters or other campaign literature within one hundred fifty (150) feet of any entrance of the building wherein pre-election day voting or any election is being held. It shall be unlawful for any candidate or a representative named by him or her in writing to appear at any polling place while armed or uniformed, nor shall he or she 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.
SECTION 87. Section 23-15-913, Mississippi Code of 1972, is amended as follows:
23-15-913. The judges
selected to hear election disputes shall be available on election day and
during the pre-election day voting period to immediately hear and resolve
any election * * *
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 * * * during
the election * * *
periods. 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 or she 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 88. Section 23-15-963, Mississippi Code of 1972, is amended as follows:
23-15-963. (1) Any person
desiring to contest the qualifications of another person who has qualified
pursuant to the provisions of Section 23-15-359 * * * as a candidate for
any office elected at a general election, shall file a petition specifically
setting forth the grounds of the challenge not later than thirty-one (31) days
after the date of the first primary election set forth in Section 23-15-191 * * *. * * * The petition shall be filed with
the same body with whom the candidate in question qualified pursuant to Section
23-15-359 * * *.
(2) Any person desiring to
contest the qualifications of another person who has qualified pursuant to the
provisions of Section 23-15-213 * * * as a candidate for
county election commissioner elected at a general election, shall file a
petition specifically setting forth the grounds of the challenge no later than
sixty (60) days * * * before the period for pre-election day voting begins for
the general election. * * *
The petition shall be filed with the county board of supervisors, being
the same body with whom the candidate in question qualified pursuant to Section
23-15-213 * * *.
(3) 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, shall file a petition specifically setting 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 * * *. * * * The petition shall be filed with
the municipal commissioners of election, being the same body with whom the
candidate in question qualified pursuant to Section 23-15-361 * * *.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his or her position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by
the action or inaction of the appropriate election officials may file a
petition for judicial review to the circuit court of the county in which the
election officials whose decision is being reviewed sits. * * * The petition must be filed no later
than fifteen (15) days after the date the petition was originally filed with
the appropriate election officials. * * * The person filing for judicial
review shall give a cost bond in the sum of Three Hundred Dollars ($300.00)
with two (2) or more sufficient sureties conditioned to pay all costs in case
his or her petition be dismissed, and an additional bond may be
required, by the court, if necessary, at any subsequent stage of the
proceedings.
(7) The circuit court with
whom such a petition for judicial review has been filed shall at the earliest
possible date set the matter for hearing. Notice shall be given to the
interested parties of the time set for hearing by the circuit clerk. The
hearing before the circuit court shall be de novo. The matter shall be tried
to the circuit judge, without a jury. After hearing the evidence, the circuit
judge shall determine whether the candidate whose qualifications have been
challenged is legally qualified to have his or her name placed upon the
ballot in question. The circuit judge may, upon disqualification of any such
candidate, order that * * *
the candidate * * *
bear the court costs of the proceedings.
(8) Within three (3) days
after judgment is rendered by the circuit court, the contestant or contestee,
or both, may file an appeal in the Supreme Court upon giving a cost bond in the
sum of Three Hundred Dollars ($300.00), together with a bill of exceptions * * * that shall state the point or
points of law at issue with a sufficient synopsis of the facts to fully
disclose the bearing and relevancy of such points of law. The bill of
exceptions shall be signed by the trial judge, or in case of his or her
absence, refusal or disability, by two (2) disinterested attorneys, as is
provided by law in other cases of bills of exception. The filing of * * * the appeals shall automatically
suspend the decision of the circuit court and the appropriate election
officials are entitled to proceed based upon their decision * * * until the Supreme Court, in its
discretion, stays further proceedings in the matter. The appeal shall be
immediately docketed in the Supreme Court and referred to the court en banc
upon briefs without oral argument unless the court shall call for oral
argument, and shall be decided at the earliest possible date, as a preference
case over all others. The Supreme Court shall have the authority to grant such
relief as is appropriate under the circumstances.
(9) The procedure set forth
above shall be the * * * only manner in which the qualifications of a candidate seeking
public office who qualified pursuant to the provisions of Sections 23-15-359,
23-15-213 and 23-15-361 * * *, Mississippi Code of 1972, may be challenged * * * before the time of his or
her election. After any such person has been elected to public office, the
election may be challenged as otherwise provided by law. After any person
assumes an elective office, his or her qualifications to hold that
office may be contested as otherwise provided by law.
SECTION 89. 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 * * * before 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).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
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 all persons who have filed their
intent to be a candidate with, and paid the proper assessment to, * * * the clerk. * * * The notification shall occur within
two (2) business days and shall contain all necessary information.
(4) If only one (1) person
files his or her 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 * * * that pre-election day voting begins for
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 * * * that pre-election day voting begins for
the general election, the judicial office shall be considered vacant for the
new term and the vacancy shall be filled as provided * * * by law.
SECTION 90. 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 second primary, when one is 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 during the same
period for pre-election day voting and 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 * * * chair 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 91. Section 23-15-1081, Mississippi Code of 1972, is amended as follows:
23-15-1081. A presidential
preference primary may be held on the second Tuesday in March of each year in
which a President of the United States is to be elected and during the pre-election
day voting period established in this act. Each political party * * * that has cast for its candidates
for President and Vice President in the previous presidential election more
than twenty percent (20%) of the total vote cast for President and Vice
President in the state, may conduct a presidential preference primary. No
elector shall vote in the primary of more than one (1) political party in the
same presidential preference primary.
SECTION 92. Section 23-15-1083, Mississippi Code of 1972, is amended as follows:
23-15-1083. Beginning in 1988, as an alternative to the congressional primary election date set forth in Section 23-15-1031, when a political party elects to conduct a presidential preference primary, the first primary election for congressmen, and senators, if senators are to be elected, shall be held on the second Tuesday in March and during the pre-election day voting period established in this act, and the second primary, when one is necessary, shall be held three (3) weeks thereafter, and the election shall be held in all districts of the state on the same day.
SECTION 93. Section 23-15-1085, Mississippi Code of 1972, is amended as follows:
23-15-1085. The * * * chair of a party's state
executive committee shall notify the Secretary of State if the party intends to
hold a presidential preference primary. The Secretary of State shall be
notified * * *
before December 1 of the year preceding the year in which a presidential
preference primary may be held pursuant to Section 23-15-1081. Upon * * * the notification, the Secretary of
State shall issue a proclamation setting every party's congressional and
senatorial primary elections, including the period for pre-election day
voting, that are to be held in the year in which the presidential
preference primary is to be held on the date provided for in Section 23-15-1083.
Once the Secretary of State has issued a proclamation pursuant to this section,
the dates of the congressional and senatorial primary elections shall
not be changed.
SECTION 94. Section 23-15-1091, Mississippi Code of 1972, is amended as follows:
23-15-1091. When the Secretary of State places the name of a candidate on the ballot pursuant to Section 23-15-1093, he or she shall notify the candidate that his or her name will appear on the ballot of this state in the presidential preference primary election.
The secretary shall also notify the candidate that he or she may withdraw his or her name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 23-15-1095 no later than the sixtieth day before the period for pre-election day voting begins for that election.
SECTION 95. Section 21-3-3, Mississippi Code of 1972, is amended as follows:
21-3-3. The elective
officers of all municipalities operating under a code charter shall be the
mayor, the aldermen, municipal judge, the marshal or chief of police,
the tax collector and the tax assessor. From and after July 1, 2017, the
governing authorities of the municipality shall appoint a city or town clerk
who shall likewise serve as an officer of the municipality. However, the
governing authorities of the municipality shall have the power, by ordinance,
to combine the office of clerk or marshal with the office of tax collector
and/or tax assessor. * * *
The governing authorities shall have the further power to provide that * * * any of * * * those officers, except those of
mayor and aldermen, shall be appointive, in which case the marshal or chief of
police, the tax collector, the tax assessor, and the city or town clerk, or
such of * * *
the officers as may be made appointive, shall be appointed by the
governing authorities. Any action taken by the governing authorities to make
any of * * *
the offices appointive shall be by ordinance of * * * the municipality, and no such
ordinance shall be adopted within ninety (90) days * * * before the period for pre-election
day voting begins for any regular general election for the election of
municipal officers. No such ordinance shall become effective during the term
of office of any officer whose office shall be affected thereby. If any such
office is made appointive, the person appointed thereto shall hold office at
the pleasure of the governing authorities and may be discharged by * * * the governing authorities at any
time, either with or without cause, and it shall be discretionary with the
governing authorities whether or not to require * * * the person appointed thereto to
reside within the corporate limits of the municipality in order to hold * * * the office.
SECTION 96. Section 21-9-17, Mississippi Code of 1972, is amended as follows:
21-9-17. Except as
otherwise provided, all candidates for mayor and councilmen, or any of them, to
be voted for * * *
during the periods for holding any general or special municipal
election, shall be nominated by party primary election, and no other name or
names shall be placed on the official ballot at * * * the general or special election
than those selected in the manner prescribed herein. Such primary election or
elections, shall be held not less than ten (10), nor more than thirty (30)
days, * * *
before the general or special election, and * * * the primary election or elections
shall be held and conducted in the manner as near as may be as is provided by
law for state and county primary elections.
SECTION 97. Section 37-5-9, Mississippi Code of 1972, is amended as follows:
37-5-9. The name of any
qualified elector who is a candidate for the county board of education shall be
placed on the ballot used in the general elections by the county election
commissioners, provided that the candidate files with the county election
commissioners, not more than ninety (90) days and not less than sixty (60) days * * * before the date * * * pre-election day voting begins for
the general election, a petition of nomination signed by not less than
fifty (50) qualified electors of the county residing within each supervisors
district. Where there are less than one hundred (100) qualified electors in * * * the supervisors district, it shall
only be required that * * *
the petition of nomination be signed by at least twenty percent (20%) of
the qualified electors of * * *such the supervisors district. The candidate in each
supervisors district who receives the highest number of votes cast in the
district shall be declared elected.
When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the highest number of votes cast in the election shall be declared elected.
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 98. Section 37-5-7, Mississippi Code of 1972, is amended as follows:
37-5-7. (1) On the first Tuesday
after the first Monday in May, 1954, an election shall be held in each county
in this state in the same manner, including the provisions for pre-election
day voting established in this act, as general state and county elections
are held and conducted, which election shall be held for the purpose of
electing the county boards of education established under the provisions of
this chapter. At * * *
the election, the members of the * * * board from Supervisors Districts One and
Two shall be elected for the term expiring on the first Monday of January,
1957; members of the board from Supervisors Districts Three and Four shall be
elected for a term expiring on the first Monday of January, 1959; and the
member of the board from Supervisors District Five shall be elected for a term
expiring on the first Monday of January, 1955. Except as otherwise provided in
subsection (2), all subsequent members of the board shall be elected for a term
of six (6) years at the regular general election held on the first Monday in
November next preceding the expiration of the term of office of the respective
member or members of * * *
the board. All members of the county board of education as herein
constituted, shall take office on the first Monday of January following the
date of their election.
(2) On the first Tuesday
after the first Monday in November, in any year in which any county shall elect
to utilize the authority contained in Section 37-5-1(2), an election shall be
held in each such county in this state for the purpose of electing the county
boards of education in * * *
those counties. At * * * the election the members of the * * * county board of education from Districts
One and Two shall be elected for a term of four (4) years, the members from
Districts Three and Four shall be elected for a term of six (6) years, and the
member from District Five shall be elected for a term of two (2) years.
Thereafter, members shall be elected at general elections as vacancies occur
for terms of six (6) years each. All members of the county board of education
shall take office on the first Monday of January following the date of their
election.
(3) (a) Current members of the Board of Trustees of the Greenwood Public School District serving on November 1, 2017, shall continue in office as the new County Board of Education of the Greenwood-Leflore School District until their successors are elected as follows:
(i) The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years;
(ii) The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and
(iii) One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years.
(b) All subsequent members shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective members, and shall take office on January 1 next succeeding the election.
(4) On the first Tuesday
after the first Monday in November 2017, an election shall be held in Holmes
County for the purpose of electing the county board of education in the new
Holmes County Consolidated School District. At the election, the members of
the * * *
county board of education shall be elected from single member board of
education districts, which shall be consistent with the supervisors district
lines in the county, and shall be elected for an initial term of six (6)
years. Subsequent elections for the Holmes County Board of Education shall be
held on the first Tuesday after the first Monday in November 2023 and every
four (4) years thereafter at the same time and manner as other general
elections are held, and the member shall be elected for a term of four (4)
years. All members of the county board of education in the new Holmes County
Consolidated School District shall take office on the first Monday of January
following the date of their election.
SECTION 99. Section 21-8-7, Mississippi Code of 1972, is amended as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise provided in subsection (4) of this section, the mayor and council members shall be elected by the voters of the municipality at a regular municipal election held on the first Tuesday after the first Monday in June as provided in Section 21-11-7, and shall serve for a term of four (4) years beginning on the first day of July next following the election that is not on a weekend. Votes for mayor and council members may also be cast during the period for pre-election day voting as provided for in this act.
(3) The terms of the initial mayor and council members shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form.
(4) (a) The council shall consist of five (5), seven (7) or nine (9) members. In the event there are five (5) council members, the municipality shall be divided into either five (5) or four (4) wards. In the event there are seven (7) council members, the municipality shall be divided into either seven (7), six (6) or five (5) wards. In the event there are nine (9) council members, the municipality shall be divided into seven (7) or nine (9) wards. If the municipality is divided into fewer wards than it has council members, the other council member or members shall be elected from the municipality at large. The total number of council members and the number of council members elected from wards shall be established by the petition or petitions presented pursuant to Section 21-8-3. One (1) council member shall be elected from each ward by the voters of that ward. Council members elected to represent wards must be residents of their wards at the time of qualification for election, and any council member who removes the member's residence from the municipality or from the ward from which elected shall vacate that office. However, any candidate for council member who is properly qualified as a candidate under applicable law shall be deemed to be qualified as a candidate in whatever ward the member resides if the ward has changed after the council has redistricted the municipality as provided in paragraph (c)(ii) of this subsection (4), and if the wards have been so changed, any person may qualify as a candidate for council member, using the person's existing residence or by changing the person's residence, not less than fifteen (15) days before the period for pre-election day voting begins for the first party primary or special party primary, as the case may be, notwithstanding any other residency or qualification requirements to the contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more before the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days before the period for pre-election day voting begins for the first party primary.
(ii) If the publication of the most recent decennial census occurs less than six (6) months before the first primary of a general municipal election, the election shall be held with regard to the existing defined wards; reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected.
(d) If annexation of additional territory into the municipal corporate limits of the municipality occurs less than six (6) months before the first party primary of a general municipal election, the council shall, by ordinance adopted within three (3) days of the effective date of the annexation, assign the annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the municipality by ordinance, as required by this chapter, shall not serve as the basis for representation until the next regularly scheduled election for municipal council members.
(5) Vacancies occurring in the council shall be filled as provided in Section 23-15-857.
(6) The mayor shall maintain an office at the city hall. The council members shall not maintain individual offices at the city hall; however, in a municipality having a population of one hundred thousand (100,000) and above according to the latest federal decennial census, council members may have individual offices in the city hall. Clerical work of council members in the performance of the duties of their office shall be performed by municipal employees or at municipal expense, and council members shall be reimbursed for the reasonable expenses incurred in the performance of the duties of their office.
SECTION 100. Section 9-4-5, Mississippi Code of 1972, is amended as follows:
9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district; provided, however, judges of the Court of Appeals who are elected to take office after the first Monday of January 2002, shall be elected from the Court of Appeals Districts described in subsection (5) of this section. The judges of the Court of Appeals shall begin service on the first Monday of January 1995. Votes for judges of the Court of Appeals may be cast, if applicable, during the period for pre-election day voting provided for in this act.
(2) (a) In order to
provide that the offices of not more than a majority of the judges of * * * the court shall become vacant at
any one (1) time, the terms of office of six (6) of the judges first to be
elected shall expire in less than eight (8) years. For the purpose of all
elections of members of the court, each of the ten (10) judges of the Court of
Appeals shall be considered a separate office. The two (2) offices in each of
the five (5) districts shall be designated Position Number 1 and
Position Number 2, and in qualifying for office as a candidate for any office
of judge of the Court of Appeals each candidate shall state the position number
of the office to which he or she aspires and the election ballots shall
so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
(c) In the year * * * before the expiration of the
term of an incumbent, and likewise each eighth year thereafter, an election
shall be held in the manner provided in this section in the district from which
the incumbent Court of Appeals judge was elected at which there shall be
elected a successor to the incumbent, whose term of office shall thereafter
begin on the first Monday of January of the year in which the term of the
incumbent he or she succeeds expires.
(3) No person shall be
eligible for the office of judge of the Court of Appeals who has not attained
the age of thirty (30) years at the time of his or her election
and who has not been a practicing attorney and citizen of the state for five
(5) years immediately * * * before the election.
(4) Any vacancy on the
Court of Appeals shall be filled by appointment of the Governor for that
portion of the unexpired term * * * before the election to fill the
remainder of * * *
the term according to provisions of Section 23-15-849 * * *.
(5) (a) The State of Mississippi is hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
SECTION 101. This act shall take effect and be in force from and after July 1, 2017.
