Bill Text: MS HB866 | 2016 | Regular Session | Engrossed
Bill Title: Election Crimes; revise penalties for.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-04-18 - Approved by Governor [HB866 Detail]
Download: Mississippi-2016-HB866-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Apportionment and Elections
By: Representative Denny
House Bill 866
(As Passed the House)
AN ACT TO AMEND SECTIONS 97-13-1, 97-13-3, 97-13-5, 97-13-7, 97-13-9, 97-13-13, 97-13-15,97-13-19, 97-13-21, 97-13-23, 97-13-25, 97-13-27, 97-13-29, 97-13-31, 97-13-33,97-13-35, 97-13-36, 97-13-37, 97-13-39, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR VIOLATION OF VARIOUS ELECTION CRIMES; TO CREATE SECTIONS 97-13-41,97-13-43 AND 97-13-45, MISSISSIPPI CODE OF 1972, TO CREATE THE ELECTIONS CRIMES OF UNAUTHORIZED POLLBOOK ERASURE, UNLAWFUL TAMPERING OF VOTING MACHINES, AND PENALTY FOR UNLAWFUL BALLOT MARKING; TO REPEAL SECTIONS 97-13-17 AND 97-13-18, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CORPORATE AND INTERNATIONAL CAMPAIGN CONTRIBUTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-13-1, Mississippi Code of 1972, is amended as follows:
97-13-1. If any elector, manager, clerk or canvasser at any election, or any executive officer attending the same, shall receive any gift, money, financial award, reward, or promise thereof or if any person shall offer such gift, money, financial award, reward, or promise thereof to influence any elector, clerk, canvasser, or any executive officer attending any election in his vote, decision to vote or not vote, opinion, action, or judgment in relation to such election, the person so offending shall, on conviction, be imprisoned in the State Penitentiary not more than two (2) years, or be fined not more than Three Thousand Dollars ($3,000.00), or both; or in a county jail not more than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00), or both.
SECTION 2. Section 97-13-3, Mississippi Code of 1972, is amended as follows:
97-13-3. If any person shall offer or give a gift, money, financial award, reward or other promise thereof to another for the purpose of inducing him, by any unlawful means not amounting to bribery, to procure any person to vote at any election for or against any person or measure, the person so giving or offering such reward shall, upon conviction thereof, be imprisoned in the county jail not more than one (1) year, or fined not more than Five Hundred Dollars ($500.00), or both.
SECTION 3. Section 97-13-5, Mississippi Code of 1972, is amended as follows:
97-13-5. Any such manager
who shall proceed to any election without having the ballot-box locked and
secured in the manner directed by law, or who shall open and read or consent to
any other person opening and reading any ballot given him to be deposited in
the box at such election, before it is put into the box, shall, upon
conviction, be * * * imprisoned in the State Penitentiary not more than two
(2) years, or be fined not more than Three Thousand Dollars ($3,000.00), or
both; or in a county jail not more than one (1) year, or be fined not more than
One Thousand Dollars ($1,000.00), or both.
SECTION 4. Section 97-13-7, Mississippi Code of 1972, is amended as follows:
97-13-7. Any manager of a * * * election who, before the
votes are counted, shall dispose of or deposit the ballot-box in a manner not
authorized by law, or shall, at any time after the election has begun and
before the ballots are counted, give * * * access to of the ballot-box with
which he is intrusted to any other, shall, upon conviction, be * * * imprisoned in the State Penitentiary not more than two
(2) years, or be fined not more than Three Thousand Dollars ($3,000.00), or
both; or in a county jail not more than one (1) year, or be fined not more than
One Thousand Dollars ($1,000.00), or both.
SECTION 5. Section 97-13-9, Mississippi Code of 1972, is amended as follows:
97-13-9. If any manager or
clerk of any * * * election shall knowingly make or consent to any false
entry on the list of persons voting, or shall permit to be put in the ballot
box any ballot not given by a voter, or shall take out of such box, or permit
to be so taken out, any ballot deposited therein except in the manner
prescribed by law, or shall, by any other act or omission, designedly destroy
or change the ballots given by the electors, he shall, upon conviction, be
punished by imprisonment in the State Penitentiary for a term not
exceeding five (5) years, or be fined not more than Five Thousand Dollars
($5,000.00).
SECTION 6. Section 97-13-13, Mississippi Code of 1972, is amended as follows:
97-13-13. If any person
shall take or remove any ballot from a voting place before the close of the
polls, he shall, on conviction, be * * * imprisoned in the State Penitentiary not more than two
(2) years, or be fined not more than Three Thousand Dollars ($3,000.00), or
both; or in a county jail not more than one (1) year, or be fined not more than
One Thousand Dollars ($1,000.00), or both.
SECTION 7. Section 97-13-15, Mississippi Code of 1972, is amended as follows:
97-13-15. (1) It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) per calendar year for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties, candidates and committees or other persons acting in behalf of such candidates shall be an annual limitation applicable to each calendar year.
(2) Any corporation, incorporated company
or incorporated association, or agent, officer or employee violating any of the
provisions of subsection (1) shall, upon conviction, be fined not less than One
Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).
SECTION 8. Section 97-13-19, Mississippi Code of 1972, is amended as follows:
97-13-19. If any manager,
clerk, or any other officer whatever, assisting or engaged in conducting any
election, or charged with any duty in reference to any election, shall
designedly omit to do any official act required by law, or designedly do any
illegal act in relation to any * * * election, by which act or
omission the votes taken at any such election in any district shall be lost, or
the electors thereof shall be deprived of their suffrage at such election, or
shall designedly do any act which shall render such election void, or shall be
guilty of any corrupt conduct or partiality in his official capacity at such
election, he shall, upon conviction, be * * * imprisoned in the State Penitentiary not more than two (2) years, or be
fined not more than Three Thousand Dollars ($3,000.00), or both; or in a county
jail not more than one (1) year, or be fined not more than One Thousand Dollars
($1,000.00), or both.
SECTION 9. Section 97-13-21, Mississippi Code of 1972, is amended as follows:
97-13-21. If any person
shall unlawfully disturb any election * * * at a
polling place, the office of the circuit clerk, or where ballots are located, such person shall be liable
to indictment, and, on conviction, * * * be * * * imprisoned in the State Penitentiary
not more than two (2) years, or be fined not more than Three Thousand Dollars
($3,000.00), or both; or in a county jail not more than one (1) year, or be
fined not more than One Thousand Dollars ($1,000.00), or both.
SECTION 10. Section 97-13-23, Mississippi Code of 1972, is amended as follows:
97-13-23. If any manager or
returning officer shall fail or refuse to make return of the votes cast in any
election, as required of him, he shall, on conviction, be imprisoned in
the State Penitentiary not * * * more than two (2) years, or be fined
not more than Three Thousand Dollars ($3,000.00), or both; or in a county jail
not more than one (1) year, or be fined not more than One Thousand Dollars
($1,000.00), or both.
SECTION 11. Section 97-13-25, Mississippi Code of 1972, is amended as follows:
97-13-25. Any person who
shall knowingly procure his or any person's registration as a qualified
elector, when * * *
the person whose registration is being procured is not entitled to be
registered as such, or under a false name, or as a qualified elector in any
other election * * *
precinct than that in which he resides, shall, on conviction, be
imprisoned in the State Penitentiary for a term not to exceed * * * five (5) years, or be fined
not more than Five Thousand Dollars ($5,000.00), or both.
SECTION 12. Section 97-13-27, Mississippi Code of 1972, is amended as follows:
97-13-27. If any registrar
appointed by law to register votes shall intentionally refuse or neglect to
register any voter entitled to registration, or register any voter not entitled
to registration, he shall be punished, on conviction, * * *
be * * * imprisoned in
the State Penitentiary not more than two (2) years, or be fined not more than
Three Thousand Dollars ($3,000.00), or both; or in a county jail not more than
one (1) year, or be fined not more than One Thousand Dollars ($1,000.00), or
both.
SECTION 13. Section 97-13-29, Mississippi Code of 1972, is amended as follows:
97-13-29. It shall not be
lawful for any military officer or other persons to order, bring, or keep any
troops of armed men at any place within a mile of the place where any * * * election is held, unless it
be for the purpose of quelling a riot or insurrection, in the manner provided
by law, or for the purpose of defense in time of war; and whoever shall violate
the provisions of this section shall, on conviction, be * * * imprisoned in the State Penitentiary
not more than two (2) years, or be fined not more than Three Thousand Dollars
($3,000.00), or both; or in a county jail not more than one (1) year, or be
fined not more than One Thousand Dollars ($1,000.00), or both.
SECTION 14. Section 97-13-31, Mississippi Code of 1972, is amended as follows:
97-13-31. If any election
officer or other person, except as authorized by law, shall aid or assist, or
influence, a voter in preparing a ballot, or shall attempt so to do, he shall,
on conviction, be * * * imprisoned
in the State Penitentiary not more than two (2) years, or be fined not more
than Three Thousand Dollars ($3,000.00), or both; or in a county jail not more
than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00),
or both.
SECTION 15. Section 97-13-33, Mississippi Code of 1972, is amended as follows:
97-13-33. When * * * one who offers to vote at an election shall
be objected to by any challenger as a person unqualified to vote, if the
manager of such election shall permit him to vote without honestly considering
his qualifications, or if any manager shall refuse the vote of such person
without honestly considering his qualifications, or if any manager shall
knowingly permit an unqualified person to vote, or shall knowingly refuse the
vote of a qualified person, he shall, upon conviction, be * * * imprisoned
in the State Penitentiary not more than two (2) years, or be fined not more
than Three Thousand Dollars ($3,000.00), or both; or in a county jail not more
than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00),
or both.
SECTION 16. Section 97-13-35, Mississippi Code of 1972, is amended as follows:
97-13-35. (1) Any
person who shall vote at any election, not being legally qualified, or who
shall vote in more than one (1) county, or at more than one (1) place in any
county or in any city, town, or village entitled to separate representation, or
who shall vote out of the district of his legal domicile, or who shall vote or
attempt to vote in the primary election of one (1) party when he shall have
voted on the same date in the primary election of another party, shall * * * upon
conviction, be * * * imprisoned in the State Penitentiary not
more than two (2) years, or be fined not more than Three Thousand Dollars ($3,000.00),
or both; or in a county jail not more than one (1) year, or be fined not more
than One Thousand Dollars ($1,000.00), or both.
(2) Any person who shall vote or attempt to vote in the second primary election of one (1) party when he voted in the first primary election of another party preceding the same regular, special, or general election shall, upon conviction, be guilty of a misdemeanor and be imprisoned in the county jail not more than six (6) months, or be fined not more than Five Hundred Dollars ($500.00), or both.
SECTION 17. Section 97-13-36, Mississippi Code of 1972, is amended as follows:
97-13-36. Any person who
shall knowingly vote at any election in more than one (1) county or at more
than one (1) place in any county, municipality or other political subdivision
with the intent to have more than one (1) vote counted in any election shall be
guilty of the crime of multiple voting and, upon conviction, shall be * * * imprisoned in the State Penitentiary not
more than five (5) years, or be fined not more than Five Thousand Dollars
($5,000.00), or both; or in a county jail not more than one (1) year, or be
fined not more than One Thousand Dollars ($1,000.00), or both.
SECTION 18. Section 97-13-37, Mississippi Code of 1972, is amended as follows:
97-13-37. Whoever shall
procure, or endeavor to procure, the vote of any elector, or the influence of
any person over other electors, at any election, for himself or any candidate,
by means of violence, threats of violence, or threats of withdrawing custom, or
dealing in business or trade, or of enforcing the payment of a debt, or of
bringing a suit or criminal prosecution, or by any other threat or injury to be
inflicted by him, or by his means, or shall violate any provision of
Section 23-15-871 or 23-15-874, shall, upon conviction, be * * * imprisoned
in the State Penitentiary not more than two (2) years, or be fined not more
than Three Thousand Dollars ($3,000.00), or both; or in a county jail not more
than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00),
or both.
SECTION 19. Section 97-13-39, Mississippi Code of 1972, is amended as follows:
97-13-39. (1) If
any person shall, by illegal force, or threats of force, prevent, or endeavor
to prevent, any elector from giving his vote, he shall, upon conviction, be * * * imprisoned in the State Penitentiary not
more than two (2) years, or be fined not more than Three Thousand Dollars
($3,000.00), or both; or in a county jail not more than one (1) year, or be
fined not more than One Thousand Dollars ($1,000.00), or both.
(2) If any person shall, utilize the requirements to provide voter identification to intimidate a voter, or to prevent a person from voting who is otherwise qualified to vote shall, upon conviction, be imprisoned in the State Penitentiary not more than five (5) years, or fined not more than Five Thousand Dollars ($5,000.00), or both.
SECTION 20. This section shall be codified as Section 97-13-41, Mississippi Code of 1972:
97-13-41. Penalty for false entry, and for unauthorized erasure or alteration.
Any person who shall knowingly make a false entry, unauthorized revision, removal, or alteration in the Statewide Elections Management System or pollbook, shall on conviction thereof, be imprisoned in the State Penitentiary for a term not exceeding ten (10) years, and be liable to the action of the aggrieved party.
SECTION 21. This section shall be codified as Section 97-13-43, Mississippi Code of 1972:
97-13-43.
Unlawful to tamper with or damage voting machines or tabulating computer or
attempt to prevent correct operation of any voting machine prohibited;
penalties. Any person who willfully tampers with or damages any voting
machine or tabulating computer or device to be used or being used at or in
connection with any election or who prevents or attempts to prevent the correct
operation of any voting machine or
tabulating computer or device shall be guilty of a felony and, upon conviction,
be punished by imprisonment for not more than ten (10) years, or be fined Five
Thousand Dollars ($5,000.00), or both.
SECTION 22. This section shall be codified as Section 97-13-45, Mississippi Code of 1972:
97-13-45. Penalty for unlawful display of showing mark on ballot or making false statement as to inability to mark ballot. Any voter who shall, except as provided by law, allow his ballot to be seen by any person, or who shall make a false statement as to his inability to mark his ballot, or who shall place any mark upon his ballot by which it can afterwards be identified as the ballot voted by him, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
SECTION 23. Sections 97-13-17 and 97-13-18, Mississippi Code of 1972, which provide penalties are repealed.
SECTION 24. This act shall take effect and be in force from and after January 1, 2017.
