Bill Text: MS HB877 | 2022 | Regular Session | Introduced
Bill Title: Southern Voting Rights Act; create and revise provisions related to elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [HB877 Detail]
Download: Mississippi-2022-HB877-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Apportionment and Elections
By: Representative Williams-Barnes
House Bill 877
AN ACT TO CREATE THE "SOUTHERN VOTING RIGHTS ACT"; TO REVISE THE PROCESS FOR CONDUCTING REDISTRICTING OF CONGRESSIONAL AND STATE HOUSE AND SENATE DISTRICTS; TO AMEND SECTION 25-4-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PUBLIC SERVANT SHALL BE INTERESTED, DIRECTLY OR INDIRECTLY, DURING THE TERM FOR WHICH HE SHALL HAVE BEEN CHOSEN, OR WITHIN TWO YEARS AFTER THE EXPIRATION OF SUCH TERM, IN ANY CONTRACT WITH THE STATE, OR ANY DISTRICT, COUNTY, CITY OR TOWN THEREOF, AUTHORIZED BY ANY LAW PASSED OR ORDER MADE BY ANY BOARD OF WHICH HE MAY BE OR MAY HAVE BEEN A MEMBER; TO AMEND SECTION 5-8-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO ELECTED OFFICIAL SHALL BE A LOBBYIST FOR TWO YEARS AFTER HE OR SHE LEAVES OFFICE; TO AMEND SECTION 25-41-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHAIR OF THE COMMISSION, COMMITTEE OR STANDING COMMITTEE SHALL MAKE THE AGENDA FOR A MEETING READILY AVAILABLE FOR PUBLIC INSPECTION NO LESS THAN TWENTY-FOUR HOURS IN ADVANCE OF THE TIME OF THE MEETING; TO AMEND SECTION 25-41-13, MISSISSIPPI CODE OF 1972, TO REVISE THE NOTICE REQUIREMENTS FOR OPEN MEETINGS; TO CREATE A NEW SECTION OF LAW TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, WORKING IN COORDINATION WITH THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY, TO DEVELOP A PLAN TO INSTALL EQUIPMENT TO PROVIDE LIVE AUDIOVISUAL STREAMING OF ALL FLOOR PROCEEDINGS AND ALL COMMITTEE MEETINGS HELD IN THE MISSISSIPPI CAPITOL; TO CREATE NEW LAW TO PROVIDE FOR THE CAMPAIGN FINANCE REQUIREMENTS OF POLITICAL ACTION COMMITTEES; TO AMEND SECTION 23-15-897, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS FOR DIGITAL CAMPAIGN ADVERTISEMENTS; TO CREATE NEW LAW TO ESTABLISH THE MISSISSIPPI PUBLIC CAMPAIGN FUND; TO PROVIDE WHO HAS ACCESS TO THE FUND AND HOW MONIES SHALL BE DEPOSITED INTO THE FUND; TO BRING FORWARD SECTIONS 5-1-1, 5-1-3, 5-3-81, 5-3-91, 5-3-93, 5-3-95, 5-3-97, 5-3-99, 5-3-101, 5-3-103, 5-3-121, 5-3-123, 5-3-125, 5-3-127, 5-3-129, 23-15-803, 23-15-809, 23-15-807, 23-15-801, 23-15-813 AND 23-15-805, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ONLINE VOTER REGISTRATION FOR FIRST-TIME VOTERS; TO AMEND SECTIONS 23-15-13, 23-15-35, 23-15-37, 23-15-39, 23-15-41 AND 23-15-79, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 23-15-45, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO IS OTHERWISE A QUALIFIED ELECTOR AND HAS BEEN CONVICTED OF VOTE FRAUD, OF ANY CRIME LISTED IN SECTION 241, MISSISSIPPI CONSTITUTION OF 1890, OR OF ANY CRIME INTERPRETED AS DISENFRANCHISING IN LATER ATTORNEY GENERAL OPINIONS, SHALL HAVE HIS OR HER RIGHT TO VOTE SUSPENDED UPON CONVICTION BUT SHALL HAVE HIS OR HER RIGHT TO VOTE AUTOMATICALLY RESTORED ONCE HE OR SHE HAS SATISFIED ALL OF THE SENTENCING REQUIREMENTS OF THE CONVICTION; TO AMEND SECTIONS 23-15-19, 23-15-125, 23-15-151, 23-15-153 AND 23-15-165, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTIONS 97-39-3 AND 99-19-37, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AUTHORIZE ANY PERSON WHO IS QUALIFIED TO REGISTER TO VOTE IN THE STATE OF MISSISSIPPI TO REGISTER TO VOTE WHEN THAT PERSON APPLIES FOR THE ISSUANCE, RENEWAL OR CHANGE OF ADDRESS OF A MOTOR VEHICLE DRIVER'S LICENSE OR OFFICIAL IDENTIFICATION CARD; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO OBTAIN CERTAIN INFORMATION FROM A PERSON WHO DESIRES TO REGISTER TO VOTE WHILE APPLYING FOR THE ISSUANCE, RENEWAL OR CHANGE OF ADDRESS OF A MOTOR VEHICLE DRIVER'S LICENSE OR OFFICIAL IDENTIFICATION CARD; TO PROVIDE AN OPT-OUT PROCEDURE FOR PERSONS WHO CHOOSE NOT TO REGISTER TO VOTE WHILE APPLYING FOR THE ISSUANCE, RENEWAL OR CHANGE OF ADDRESS OF A MOTOR VEHICLE DRIVER'S LICENSE OR OFFICIAL IDENTIFICATION CARD; TO PROVIDE FOR THE FORWARDING OF VOTER REGISTRATION APPLICATIONS TO THE PERSON'S COUNTY OF RESIDENCE; TO AMEND SECTIONS 23-15-33, 23-15-95 AND 63-1-19, 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 provisions of this act shall be known and may be cited as the "Southern Voting Rights Act."
SECTION 2. Following the return of the 2020 decennial census, for the purpose of revising districts and the apportionment among those districts of members of the Senate and the House of Representatives of the Legislature and the House of Representatives of the United States Congress, at least the following requirements shall apply in order of priority:
(1) Each member of each body identified above shall represent, as nearly as may be, an equal number of inhabitants. The ideal population for a district is the number of members in a plan divided into the population of the state as reported by the decennial census. The population for a legislative district shall be within five percent (5%) of the ideal population for that district. Congressional districts shall each have a population that is as nearly equal as practicable to the ideal population, but in all cases within one-tenth of one percent (0.1%) of the ideal population for that district.
(2) All districts shall comply with at least the following:
(a) The Constitution of the United States, including the equal protection clause of the Fourteenth Amendment.
(b) Federal law.
(c) As applicable, the Mississippi Constitution of 1890 and state law.
(3) All districts shall, to the extent possible, meet at least the following criteria:
(a) Minimize the number of split counties.
(b) Be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.
(c) Minimize the number of split municipalities.
(d) To the extent practicable, be compact. Districts should not bypass nearby communities for more distant communities.
(4) The Legislature shall not consider electoral results, political considerations, or incumbency in the preparation of a plan for state legislative districts, except to the extent necessary to comply with federal law.
(5) State legislative districts shall minimize the number of split communities of interest. For purposes of this section, a "community of interest" is a recognizable area with similarities of interests, including, but not limited to, geographic, social, cultural, or historic interests, as well as commonality of communications.
(6) Precincts shall not be split in the preparation of a plan for state legislative districts, except to the extent necessary to comply with federal law.
SECTION 3. The Legislature shall follow an independent process to revise electoral districts for Congress and the Legislature after the return of every decennial census of population taken by order of Congress. The process shall meet at least all of the following requirements:
(1) The Legislature shall have no role in revising electoral districts for Congress or the Legislature.
(2) Each member of the Senate and House of Representatives of the Legislature and the House of Representatives of the United States Congress shall represent, as nearly as may be possible, an equal number of inhabitants.
(3) Each electoral district shall at all times consist of contiguous territory.
(4) To the extent practicable and consistent with federal law, no county shall be divided in the formation of an electoral district for the Senate or House of Representatives of the Legislature.
(5) When established, the electoral districts for the Senate and House of Representatives of the Legislature shall remain unaltered until the return of another decennial census of population taken by order of Congress.
(6) Electoral districts adopted pursuant to the process shall have the force and effect of acts of the Legislature.
SECTION 4. As used in this chapter, unless the context requires otherwise, the following definitions shall apply:
(1) Census Bureau. – The United States Bureau of the Census. (2) Commission. – The Mississippi Citizens Redistricting Commission established as provided in this act.
(3) Communities of interest. – Contiguous and cohesive populations of persons that share common social, economic, or policy interests. Communities of interest include, but are not limited to, populations that share any of the following characteristics:
(a) A racial, cultural, or ethnic identity.
(b) A common history of marginalization or discrimination.
(c) Natural resources.
(d) Excessive damage from past or present natural disasters or pollution.
(e) An organized decision-making body.
(4) Congressional districts or plans. – Districts or plans for the House of Representatives of the United States Congress.
(5) Federal census. – The decennial census required by federal law to be conducted by the Census Bureau in every year ending in zero.
(6) Final plan. – A plan adopted by the commission to be used for the purpose of nominating and electing identified representatives. Final plans shall have the force and effect of acts of the Legislature.
(7) Ideal population. – The number determined by dividing the number of members in a plan into the population of the state as reported in the federal census.
(8) Identified representative. – A member of the Senate or House of Representatives of the Legislature or a member of the House of Representatives of the United States Congress.
(9) Legislative districts or plans. – Districts or plans for the Senate and House of Representatives of the Legislature.
(10) Plan. – A plan for legislative or congressional reapportionment drawn in accordance with the Mississippi Constitution of 1890 and this act.
(11) Preliminary plan. – An initial plan released by the commission for public input at the beginning of the redistricting cycle.
(12) Proposed and alternative plans. – Plans released by the commission following public input.
(13) Public office. – Elective state, local, or federal office.
(14) Relative. – An individual who is related to the person in question as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandfather, grandmother, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
SECTION 5. Mississippi Citizens Redistricting Commission.
(1) There is established the Mississippi Citizens Redistricting Commission to prepare preliminary, proposed, and alternative plans and to adopt final plans for the purpose of nominating and electing members of the Senate and House of Representatives of the Legislature and the House of Representatives of the United States Congress.
(2) A resident of Mississippi is eligible to apply for membership on the commission if that person meets all of the following requirements:
(a) Has been a registered voter in Mississippi with the same affiliation, or lack thereof, for at least three (3) years prior to commencement of service on the commission.
(b) Has not contributed more than Two Thousand Dollars ($2,000.00) to any candidate for public office.
(c) No person who has served as a member of the commission shall be eligible to hold any public office for three (3) years after termination of service on the commission.
(d) Is not any of the following:
(i) A relative of a current member of the Legislature.
(ii) A political appointee of the Legislature.
(iii) A staff member of or legal counsel to the Legislature.
(iv) An official of a political party or a consultant or legal counsel to a political party in the United States.
(e) Has never done any of the following:
(i) Served in public office for any period of time during the ten (10) years preceding the date of his or her application.
(ii) Held a political appointment.
(iii) Served as an elected or appointed officer of a political party, body, or committee at any level of government in the United States.
(iv) Served as an officer, employee, or paid consultant of a political party or body or of the campaign or campaign committee of a candidate for public office in the United States.
(v) Been employed by Congress.
(vi) Been convicted of any of the following crimes against a governmental body of the United States or a crime with a direct connection to the crimes:
1. Espionage.
2. Terrorism.
3. Treason.
4. Sabotage.
5. Sedition.
(vii) Been a member of an organization that advocates any of the crimes listed in this section or any of the following:
1. Overthrowing or attacking any governmental body of the United States.
2. Preventing any official of any governmental body of the United States from performing his or her official duties.
3. Preventing persons from exercising their rights under the laws of any governmental body of the United States.
(f) Is not a legislative staffer, lobbyist, or legislative liaison.
(3) Any citizen of Mississippi may apply to the State Auditor to be a member of the commission. As part of a person's application, that person shall (i) disclose all relevant relationships and positions and (ii) submit to the State Auditor an attestation that the person is eligible to serve as a member of the commission pursuant to this section. The State Auditor shall evaluate applications to ensure they meet the requirements of this section and any other requirements of state law. The State Auditor shall submit all eligible applications to the Mississippi Ethics Commission. The Ethics Commission shall review the eligible applications and submit a diverse group of up to sixty (60) applications to the Legislature as follows:
(a) Applications submitted to the Legislature shall reflect the state's diverse races, ethnicities, nationalities, sexual orientations, socioeconomic statuses, and geography.
(b) The Ethics Commission shall submit no more than twenty (20) applications from persons registered in each of the following ways, as reflected by the latest registration statistics published by the Secretary of State:
(i) As affiliated with the political party with the highest number of registered affiliates.
(ii) As affiliated with the political party with the second highest number of registered affiliates.
(iii) As not affiliated with either of the two (2) political parties having the highest and second highest number of registered affiliates.
(c) If there are fewer than twenty (20) applications from persons registered in accordance with this section, the Ethics Commission may submit additional eligible applications to the Legislature, as necessary, to reach a total of sixty (60) applications.
(4) The commission shall be composed of fifteen (15) members appointed from the pool of candidates submitted to the Legislature pursuant to this section as follows:
(a) Two (2) by the President Pro Tempore of the Senate from the pool of applications that share his or her political party affiliation or lack thereof.
(b) Two (2) by the minority leader in the Senate from the pool of applications that share his or her political party affiliation or lack thereof.
(c) Two (2) by the Speaker of the House of Representatives from the pool of applications that share his or her political party affiliation or lack thereof.
(d) Two (2) by the minority leader in the House of Representatives from the pool of applications that share his or her political party affiliation or lack thereof.
(e) Seven randomly selected by the Ethics Commission as provided in subsection (3) of this section.
(f) All appointing authorities shall consider the importance of diversity, as defined in subsection (3) of this section, when making their appointments.
(5) The term of office for members of the Commission shall begin on July 1 of each year ending in zero. The members shall continue in office for ten (10) years until their successors are appointed and qualified.
(6) The position of chair of the Commission shall rotate every three (3) months following a schedule randomly generated at the beginning of the redistricting cycle. No two (2) members who share the same party affiliation, or lack thereof, shall serve as chair in the same six-month period. No member shall serve as chair more than once in a twelve-month period.
(7) A member of the commission may be removed from office as follows:
(a) By the authority that appointed the member for any of the following:
(i) Failure to comply with Mississippi law.
(ii) Ineligibility pursuant to this section.
(b) By a vote of at least eleven (11) members of the commission, in open session at any duly held meeting, for any cause that renders the member incapable or unfit to discharge the duties of the office, including neglect of duty or gross misconduct. All commission member votes on removal of a member pursuant to this subdivision shall be recorded in the record.
(8) Any vacancy occurring in the membership of the commission shall be filled in the manner prescribed in this section by the authority that made the initial appointment. Vacancies shall be filled for the remainder of the unexpired term.
(9) Members of the commission shall receive a stipend of One Thousand Two Hundred Dollars ($1,200.00) for each month that the commission meets.
(10) Members of the commission may receive travel and subsistence as follows:
(a) Members who are officials or employees of a state agency or unit of local government.
(b) All other members at the rate established as otherwise provided by law.
SECTION 6. (1) The commission shall be administratively housed in the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
(2) The commission may exercise its prescribed powers independently of the Legislature and PEER. In order to pay expenses incidental to implementing its purposes, the commission may enter into contracts, own property, and accept funds, grants, and gifts from academic and nonprofit entities that have never contributed to political parties, persons holding public office, or candidates for public office.
(3) The Executive Director of PEER shall provide general administrative support to the commission, including purchasing, payroll, and similar administrative services.
(4) The commission shall retain independent staff under contract, including an executive secretary and any additional necessary supporting staff. As a whole, the political affiliations of staff members, or lack thereof, shall be divided approximately into thirds among the two (2) political parties with the highest number of affiliates and among persons unaffiliated with a political party. A person is ineligible to serve as a staff member to the commission if that person would be ineligible to serve as a member of the commission.
SECTION 7. The commission shall be subject to the Mississippi Public Records Act and the Mississippi Open Meetings Law, except to the extent those enactments conflict with the below requirements:
(1) Members of the commission and staff shall not discuss the business of the commission outside public meetings.
(2) If a member of the commission violates subsection (1) of this section, he or she shall place in the public records of the commission (i) any violating written communication and (ii) a written description of any violating oral communication. The written description of an oral communication must include the name of the parties to the communication, the date and approximate time of the communication, and a description of the nature and substance of the communication.
(3) The commission shall provide at least fourteen (14) days' notice prior to any meeting in which votes will be taken.
SECTION 8. All plans shall meet the following goals, in order of priority:
(1) Each identified representative shall represent, as nearly as may be, an equal number of inhabitants.
(2) Compliance with the Mississippi Constitution of 1890, state law, the Constitution of the United States, including the equal protection clause of the Fourteenth Amendment, and federal law.
(3) In accordance with subsections (1) and (2) of this section, the population for a legislative district shall be within five percent (5%) of the ideal population for that district. Congressional districts shall each have a population that is as nearly equal as practicable to the ideal population but in all cases within one-tenth of one percent (0.1%) of the ideal population for that district.
(4) Minimizing the number of split counties.
(5) All districts shall be contiguous. Areas that meet only at the points of adjoining corners are not contiguous.
(6) Minimizing the number of split municipalities.
(7) To the extent practicable, all districts shall be compact. Districts should not bypass nearby communities for more distant communities.
(8) The commission shall not consider electoral results, political considerations, or incumbency in the preparation of a plan, except to the extent necessary to comply with federal law.
(9) Minimizing the number of split communities of interest. Precincts shall not be split in the preparation of a plan, except to the extent necessary to comply with federal law.
(10) At the beginning of the redistricting cycle, the State Auditor shall submit to the commission a list of names of persons with an expertise in redistricting who are qualified to serve as a special master. In the event a plan cannot be adopted, the commission shall appoint a special master from the list of names provided by the State Auditor, and the special master shall draw a plan and submit the plan, along with the rationale for the plan, to the commission, which shall adopt that plan.
(11) The commission shall adopt all plans no later than October 1 of the year following each federal census. Before the adoption of a plan, the commission shall adhere to the following maximum time line:
(a) Within thirty (30) days of receipt of data from the Census Bureau, the commission shall hold the initial ten (10) public hearings as otherwise provided in this act.
(b) Within fifty (50) days of receipt of data from the Census Bureau, the commission shall release to the public preliminary plans for revising the congressional and legislative districts.
(c) Within seventy (70) days of receipt of data from the Census Bureau, the commission shall hold an additional ten (10) public hearings as otherwise provided in this act.
(d) Within ninety (90) days of receipt of data from the Census Bureau, the commission shall release to the public all of the following:
(i) Proposed plans for revising the congressional and legislative districts.
(ii) Alternative plans for revising the congressional and legislative districts.
(iii) A summary of public input provided as otherwise provided in this act.
(e) Within one hundred ten (110) days of receipt of data from the Census Bureau, the commission shall vote to adopt final plans from its proposed or alternative plans for revising the congressional and legislative districts.
(f) Within one hundred thirty (130) days of receipt of data from the Census Bureau, if the commission fails to adopt any final plan as otherwise provided in this act, the commission shall select from the list of names provided by the State Auditor as otherwise provided in this act a special master to complete the plan or plans. The commission shall provide the special master with its proposed and alternative plans and all supporting data.
(g) Within one hundred fifty (150) days of receipt of data from the Census Bureau, if the commission fails to adopt any plan as otherwise provided in this act, the special master shall prepare and release a plan and rationale for any changes from the plans released by the commission. The special master shall present the plan to the commission.
(h) Within one hundred sixty (160) days of receipt of data from the Census Bureau, the commission shall adopt as a final plan the plan presented by the special master.
(i) Notwithstanding paragraphs (a) through (h) of this subsection, the commission may extend the maximum number of days between any event required in this subsection by as many as seven (7) days, up to a total of forty (40) days over the course of a year, for good cause.
SECTION 9. (1) The commission shall engage in a minimum of twenty (20) public hearings across the state. Of those public hearings, at least ten (10) hearings shall occur before a preliminary plan is released to the public, and at least ten (10) hearings shall occur after a preliminary plan is released to the public but before a proposed or alternative plan is released to the public.
(2) To the extent possible, the commission shall facilitate the ability of members of the public to provide substantive comments on any plan released to the public. To achieve that goal, the commission shall provide members of the public with all of the following resources:
(a) Sufficient time to review any plan released to the public.
(b) The opportunity to communicate comments, questions, and recommendations on any plan released to the public, at a minimum, in person, online, and through the mail.
(c) Access to the same demographic data that is used by the commission in a machine-readable form.
(d) Access to mapping software and census data in a minimum of thirty (30) public library facilities in the state within twenty (20) days of receipt of that data from the United States Bureau of the Census.
(e) A public, written response to every substantive comment or recommendation regarding a specific component of a plan released to the public. The response shall address the viability of any recommendation and indicate whether it was or will be incorporated in any other plan.
(f) At the conclusion of the redistricting process, the commission shall publish a summary of the public input received by the commission.
(g) A website with all of the following information:
(i) Background information on the redistricting process available in at least English and Spanish. The commission shall provide information in other languages if at least fifty thousand (50,000) people petition the commission to have a particular language included.
(ii) Livestreams and recordings of all public meetings in audio, video, or both formats and minutes from those meetings.
(iii) Meeting announcements.
(iv) A searchable database of feedback and plans discussed by the commission.
(v) Plans discussed by the commission and the data used to create those plans.
SECTION 10. The Legislature may by law assign to the commission the duty to prepare district plans for any county, city, town, special district, and other governmental subdivision, if the governing board of the unit or a court of appropriate jurisdiction so requests.
SECTION 11. Section 25-4-105, Mississippi Code of 1972, is amended as follows:
25-4-105. (1) No public servant shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated.
(2) No public servant shall
be interested, directly or indirectly, during the term for which he shall have
been chosen, or within * * * two (2) years after the expiration of such term, in
any contract with the state, or any district, county, city or town thereof,
authorized by any law passed or order made by any board of which he may be or
may have been a member.
(3) No public servant shall:
(a) Be a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent, other than in his contract of employment, or have a material financial interest in any business which is a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent.
(b) Be a purchaser, direct or indirect, at any sale made by him in his official capacity or by the governmental entity of which he is an officer or employee, except in respect of the sale of goods or services when provided as public utilities or offered to the general public on a uniform price schedule.
(c) Be a purchaser, direct or indirect, of any claim, certificate, warrant or other security issued by or to be paid out of the treasury of the governmental entity of which he is an officer or employee.
(d) Perform any service for any compensation during his term of office or employment by which he attempts to influence a decision of the authority of the governmental entity of which he is a member.
(e) Perform any service for any compensation for any person or business after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment.
(4) Notwithstanding the provisions of subsection (3) of this section, a public servant or his relative:
(a) May be an officer or stockholder of banks or savings and loan associations or other such financial institutions bidding for bonds, notes or other evidences of debt or for the privilege of keeping as depositories the public funds of a governmental entity thereof or the editor or employee of any newspaper in which legal notices are required to be published in respect to the publication of said legal notices.
(b) May be a contractor or vendor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a contractor or vendor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent where such contract is let to the lowest and best bidder after competitive bidding and three (3) or more legitimate bids are received or where the goods, services or property involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws.
(c) May be a subcontractor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a subcontractor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent where the primary contract is let to the lowest and best bidder after competitive bidding or where such goods or services involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws.
(d) May be a contractor, subcontractor or vendor with any authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a contractor, subcontractor or vendor with any authority of the governmental entity of which he is a member, officer, employee or agent: (i) where such goods or services involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws; or (ii) where the contractual relationship involves the further research, development, testing, promotion or merchandising of an intellectual property created by the public servant.
(e) May purchase securities issued by the governmental entity of which he is an officer or employee if such securities are offered to the general public and are purchased at the same price as such securities are offered to the general public.
(f) May have an interest less than a material financial interest in a business which is a contractor, subcontractor or vendor with any governmental entity.
(g) May contract with the Mississippi Veteran's Home Purchase Board, Mississippi Housing Finance Corporation, or any other state loan program, for the purpose of securing a loan; however, public servants shall not receive favored treatment.
(h) May be employed by or receive compensation from an authority of the governmental entity other than the authority of the governmental entity of which the public servant is an officer or employee.
(i) If a member of the Legislature or other public servant employed on less than a full-time basis, may represent a person or organization for compensation before an authority of the governmental entity other than an authority of the governmental entity of which he is an officer or employee.
(j) If a constable, may be employed and receive compensation as a deputy sheriff or other employee of the county for which he serves as constable.
(5) No person may intentionally use or disclose information gained in the course of or by reason of his official position or employment as a public servant in any way that could result in pecuniary benefit for himself, any relative, or any other person, if the information has not been communicated to the public or is not public information.
(6) Any contract made in violation of this section may be declared void by the governing body of the contracting or selling authority of the governmental subdivision or a court of competent jurisdiction and the contractor or subcontractor shall retain or receive only the reasonable value, with no increment for profit or commission, of the property or the services furnished prior to the date of receiving notice that the contract has been voided.
(7) Any person violating the provisions of this section shall be punished as provided for in Sections 25-4-109 and 25-4-111.
SECTION 12. Section 5-8-13, Mississippi Code of 1972, is amended as follows:
5-8-13. (1) A lobbyist shall not contract to receive or accept compensation dependent upon the success or failure of a legislative or executive action.
(2) A lobbyist or lobbyist's client shall not knowingly or willfully make or cause to be made a false statement or misrepresentation of facts to an executive, legislative or public official or public employee, or to the public in general with the intent to affect the outcome of a legislative or executive action.
(3) A lobbyist or lobbyist's client shall not cause a legislative or executive action for the purpose of obtaining employment to lobby in support of or in opposition to the legislative or executive action.
(4) An executive, legislative or public official or public employee shall not be a lobbyist, except that he may act as a lobbyist when acting in his official capacity, or for two (2) years after leaving office or a position of public employment.
(5) A lobbyist must disclose anything of value given in whole or in part to any executive, legislative or public official or public employee.
SECTION 13. Section 25-41-5, Mississippi Code of 1972, is amended as follows:
25-41-5. (1) All official meetings of any public body, unless otherwise provided in this chapter or in the Constitutions of the United States of America or the State of Mississippi, are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in Section 25-41-7.
(2) A public body may conduct any meeting through teleconference or video means. A quorum of a public body as prescribed by law may be at different locations for the purpose of conducting a meeting through teleconference or video means provided that the equipment used is located at the place where the public body normally meets or at a public location specified in any notice of a special meeting, and provided that the equipment allows all members of the public body and members of the public who attend the meeting to hear the deliberations of the public body.
(3) * * * The chair of the commission, committee or
standing committee shall make the agenda for a meeting readily available for
public inspection no less than twenty-four (24) hours in advance of the time of
the meeting. Except for items of an emergency nature, the agenda shall not be
altered after the notice has been made available to the public. The
commission, committee, or standing subcommittee may modify the agenda to
include items of an emergency nature only during the meeting. As used in this
subsection, items of an emergency nature are matters that involve unexpected
circumstances that require immediate consideration by the commission,
committee, or standing subcommittee. No later than twenty-four (24) hours in
advance of the time of the meeting, the chair of the commission, committee, or
standing subcommittee shall make available to the members of the same the text
of all bills, proposed committee substitutes, and amendments that will be
considered during the scheduled meeting. No commission, committee, or standing
subcommittee shall consider or act on a bill, proposed committee substitute, or
amendment that has not been made available to the members in accordance with
this subsection.
SECTION 14. Section 25-41-13, Mississippi Code of 1972, is amended as follows:
25-41-13. (1) Any public body which holds its meetings at such times and places and by such procedures as are specifically prescribed by statute shall continue to do so and no additional notice of such meetings shall be required except that:
(a) A notice of the place, date, hour and subject matter of any recess meeting, adjourned meeting, interim meeting or any called special meeting shall be posted within one (1) hour after such meeting is called in a prominent place available to examination and inspection by the general public in the building in which the public body normally meets. Such notice shall also be posted on the Legislature's website. A copy of the notice shall be made a part of the minutes or other permanent official records of the public body; and
(b) Except as otherwise provided by law, a notice of a called special meeting shall be posted to the public body's website, if the public body has a website and has the capability to update the website, not less than one (1) hour before the meeting. A copy of this notice shall be transmitted via email or facsimile not less than one (1) hour before the meeting to any citizen and any publication, broadcast and digital media with a general circulation or coverage within the public body's jurisdiction, that has submitted in writing its interest to receive these notices. Any public body may, at its discretion, purge any list of publications, broadcasts or digital media that have requested to receive the notices once every twenty-four (24) months. After the purge, any publication, broadcast or digital media may resubmit in writing its interest to receive the notices. Nothing in this paragraph (b) shall add additional notice requirements for meetings of public bodies held in cases of emergencies. The provision of this paragraph (b) requiring notice to be posted on the public body's website shall not apply to municipalities with a population as determined by the latest federal decennial census of less than twenty-five thousand (25,000) inhabitants, and any county with less than fifty thousand (50,000) according to the latest federal decennial census.
(2) Any public body, other than a legislative committee, which does not have statutory provisions prescribing the times and places and the procedures by which its meetings are to be held shall, at its first regular or special meeting after January 1, 1976, spread upon its minutes the times and places and the procedures by which all of its meetings are to be held.
(3) Notice of any regular
meeting held by a state agency, other than a legislative committee, shall be
submitted to the Department of Finance and Administration at least * * * forty-eight (48)
hours before the meeting in order to be posted on the department's searchable
website created by the Mississippi Accountability and Transparency Act, Section
27-104-152 et seq. For purposes of this subsection, the term "state
agency" means an agency, department, institution, board, commission,
council, office, bureau, division, committee or subcommittee of the state.
However, the term "state agency" does not include institutions of
higher learning, community and junior colleges, counties or municipalities.
(4) During a regular or special session of the Mississippi Legislature, notice of meetings of all committees, other than conference committees, shall be given by announcement on the loudspeaker during sessions of the House of Representatives or Senate or by posting on a bulletin board provided for that purpose by each body and shall be posted on the Legislature's website.
(5) When not in session, the meeting times and places of all committees shall be kept by the Clerk of the House of Representatives as to House committees and by the Secretary of the Senate as to Senate committees, and shall be available at all times during regular working hours to the public and news media. Such notice shall also be posted on the Legislature's website.
SECTION 15. The Department of Finance and Administration (DFA), working in coordination with the Mississippi Department of Information Technology, shall develop a plan to install equipment to provide live audiovisual streaming of all floor proceedings and all committee meetings held in the Mississippi Capitol. The plan shall provide for (i) public participation and comment to the extent allowed by the streaming technology and (ii) access to the recorded live stream on a centralized website within forty-eight (48) hours after all floor proceedings or committee meetings. The plan shall include estimated costs and a proposed schedule for implementation. The DFA shall submit the plan to the Clerk of the House of Representatives and the Secretary of the Senate no later than October 1, 2022.
SECTION 16. (1) Except for political committees that do not receive more than Five Thousand Two Hundred Dollars ($5,200.00) from any one (1) person in an election, a filer, when reporting donations of One Thousand Dollars ($1,000.00) or more in the aggregate under this subsection, shall disclose the identity of the original source of the funds, the amounts of those donations, and any intermediaries who transferred the funds before they were contributed to the filer. For purposes of this subsection, "original source" means an individual who contributes wages, investment income, or bequests or a person that contributes money received through ordinary commercial transactions. Any person or entity making a donation of One Thousand Dollars ($1,000.00) or more, in the aggregate, in an election to a person or entity required to report donations under this subsection shall inform that person or entity of the identity of the original sources of funds being transferred, the amounts of the persons' original funds being transferred, and the identity of any persons who previously transferred the original funds."
(2) In an advertisement made by a sponsor other than a candidate, political party organization, an individual solely spending the individual's own personal funds received through wages, investment income, or bequests or a person solely spending money received through ordinary commercial transactions, the advertisement bears the legend or includes the statement: "[Names of top three donors] are the top donors who helped pay for this message." In a television advertisement or digital communication, this disclosure shall be made by visual legend. In advertisements made by a sponsor that reports original sources, the top three (3) donors shall be the three (3) original sources who have donated the highest aggregate amounts to the sponsor in the election cycle.
SECTION 17. Section 23-15-897, Mississippi Code of 1972, is amended as follows:
23-15-897. (1) The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Campaign materials" include any materials designed to influence voters for or against any candidate, party or measure to be voted on at any election, or containing information about any candidate, party or measure paid for by a candidate, political committee, or independent expenditure which requires disclosure under campaign finance laws.
(b) "Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution.
(c) "Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.
(2) No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:
(a) The name of the candidate along with a statement that the message is approved by the candidate; or
(b) If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or
(c) If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.
(3) (a) Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2), and each electronic publication provides a link to that home page.
(b) On the electronic platform, the information required by subsection (2) shall appear (i) in letters at least as large as the smallest text on the electronic platform or (ii) in a heading or similar section of text displayed above or within the electronic platform that is visually distinct from the text of the digital communication and shall have a reasonable degree of color contrast between the background and the disclosure statement. If the digital communication is disseminated through a medium in which the provision of the disclosure statement is not possible, the digital communication shall, in a clear and conspicuous manner, include the following:
1. The name of the person who paid for the digital communication.
2. A means for the recipient of the digital communication to obtain the remainder of the information required by this section with minimal effort and without receiving or viewing any additional material other than the disclosure statement.
(c) For purposes of this subsection, "digital communication" means any communication, for a fee, placed or promoted on a public-facing website, web application or digital application, including a social network, advertising network or search engine.
SECTION 18. Any person using digital communication, as defined in Section 23-15-897 shall submit that digital communication to the secretary of State along with the disclosure information required under applicable Mississippi law. The Secretary of State shall maintain the information submitted pursuant to this section on his or her website and the information shall be deemed public records and available for inspection on the website. The secretary shall display the following information on his or her website as related to the digital communication:
(a) The name of the person.
(b) The city and state where the entity is located.
(c) The amount spent by the person for each candidate.
(d) A copy of the political advertisement.
(e) The dates or date range on which the political advertisement runs.
SECTION 19. Notwithstanding any provision of law to the contrary and in accordance with any federal law, a foreign national expending funds for political advertising that addresses a specific issue to influence state or local government policy shall include a statement in the advertisement that identifies the foreign national and a statement disclosing that the advertising is sponsored by the foreign national. The phrase "foreign national" shall have the same meaning as defined in 52 USC Section 30121(b).
SECTION 20. (1) Notwithstanding any other provision of law to the contrary, any political committee that makes only independent expenditures shall notify the Secretary of State, in writing, of any of the following:
(a) Any contribution in excess of One Thousand Dollars ($1,000.00) received by the committee before an election but after the period covered by the last report due before that election. This notification shall be made within forty-eight (48) hours after the receipt of the contribution and shall include the name of the committee, the contributor, and the date of receipt and amount of the contribution.
(b) Any contribution or donation in excess of One Thousand Dollars ($1,000.00) made by the committee before an election but after the period covered by the last report due before that election. This notification shall be made within forty-eight (48) hours after the contribution or donation is made and shall include the name of the committee and the recipient and the date and amount of the contribution or donation.
(2) Any person who receives, directly or indirectly, a contribution or donation subject to subsection (1) of this section and who transfers more than One Thousand Dollars ($1,000.00) of the funds to another person shall disclose to that person, in writing, at the time the transfer is made each of the following:
(a) The identification of the political committee who made the contribution or donation and the date and amount of the contribution or donation.
(b) The identification of any other person subject to this section, as either a prior transferor or transferee of the funds from the political committee, and the date and amount of the contribution or donation.
(3) For purposes of this section, a contribution or donation includes a pledge, promise, understanding, or agreement to make a future contribution or donation.
SECTION 21. The purpose of this article is to ensure the fairness of democratic elections in Mississippi and to protect the constitutional rights of voters and candidates from the detrimental effects of increasingly large amounts of money being raised and spent to influence the outcome of elections, those effects being especially problematic in elections of the judiciary, since impartiality is uniquely important to the integrity and credibility of the courts. Accordingly, this article establishes the Mississippi Public Campaign Fund as an alternative source of campaign financing for candidates who demonstrate public support and voluntarily accept strict fundraising and spending limits. This article is available to candidates for justice of the Supreme Court and judge of the Court of Appeals in elections to be held from and after the effective date of this act.
SECTION 22. The following definitions apply in this article:
(1) Board. – The State Board of Election Commissioners.
(2) Candidate. – An individual who becomes a candidate as described by applicable law. The term includes a political committee authorized by the candidate for that candidate's election.
(3) Certified candidate. – A candidate running for office who chooses to receive campaign funds from the fund and who is certified under applicable Mississippi law.
(4) Contested primary and contested general election. – An election in which there are more candidates than the number to be elected. A distribution from the fund pursuant to this article is not a "contribution" and is not subject to the limitations of applicable Mississippi law or the prohibitions of applicable Mississippi law.
(5) Contribution. – Defined in applicable Mississippi law. A distribution from the fund pursuant to this article is not a "contribution" and is not subject to the limitations of applicable Mississippi law or the prohibitions of applicable Mississippi law.
(6) Electioneering communication. – Communication made during the period beginning thirty (30) days before absentee ballots become available for a primary and ending on primary election day and during the period sixty (60) days before absentee ballots become available for a general election and ending on general election day.
(7) Expenditure. – Defined in applicable Mississippi law.
(8) Fund. – The Mississippi Public Campaign Fund established in this article.
(9) Independent expenditure. – Defined in applicable Mississippi law.
(10) Maximum qualifying contributions. – An amount of qualifying contributions equal to sixty (60) times the filing fee for candidacy for the office.
(11) Minimum qualifying contributions. – An amount of qualifying contributions equal to thirty (30) times the filing fee for candidacy for the office.
(12) Nonparticipating candidate. – A candidate running for office who is not seeking to be certified under applicable Mississippi law.
(13) Office. – A position on the Mississippi Court of Appeals or Mississippi Supreme Court.
(14) Participating candidate. – A candidate for office who has filed a declaration of intent to participate under applicable Mississippi law.
(15) Political committee. – Defined in applicable Mississippi law.
(16) Qualifying contribution. – A contribution of not less than Ten Dollars ($10.00) and not more than Five Hundred Dollars ($500.00) in the form prescribed for noncash monetary contributions in applicable Mississippi law to the candidate or the candidate's committee that meets both of the following conditions:
(a) Made by an individual who is a registered voter in this state at the time of the submittal of the report specified in applicable Mississippi law.
(b) Made during the qualifying period and obtained with the approval of the candidate or candidate's committee.
(17) Qualifying period. – The period beginning September 1 in the year before the election and ending on the day of the primary of the election year.
(18) Referendum committee. – Defined in applicable Mississippi law.
SECTION 23. (1) The Mississippi Public Campaign Fund is established to finance the election campaigns of certified candidates for office and to pay administrative and enforcement costs of the board related to this article. The fund is a special, dedicated, nonlapsing, nonreverting fund. All expenses of administering this article, including personnel and other costs incurred by the board, including public education about the fund, shall be paid from the fund and not from the General Fund. Any interest generated by the fund is credited to the fund. The board shall administer the fund.
(2) Money received from all of the following sources shall be deposited in the fund:
(a) Designations made to the Public Campaign Fund by individual taxpayers pursuant to applicable Mississippi law.
(b) Public Campaign Fund revenues distributed for an election that remain unspent or uncommitted at the time the recipient is no longer a certified candidate in the election.
(c) Money ordered returned to the Public Campaign Fund in accordance with applicable Mississippi law.
(d) Voluntary donations made directly to the Public Campaign Fund.
(e) Corporations, other business entities, labor unions, and professional associations may make donations to the fund.
(3) By October 1, 2022, and every two (2) years thereafter, the state board shall prepare and provide to the House and Senate Elections Committees a report documenting, evaluating, and making recommendations relating to the administration, implementation, and enforcement of this article. In its report, the board shall set out the funds received to date and the expected needs of the fund for the next election.
SECTION 24. (1) Any individual choosing to receive campaign funds from the fund shall first file with the board a declaration of intent to participate under this article as a candidate for a stated office. The declaration of intent shall be filed before or during the qualifying period and before collecting any qualifying contributions. In the declaration, the candidate shall swear or affirm that only one (1) political committee, identified with its treasurer, shall handle all contributions, expenditures, and obligations for the participating candidate and that the candidate will comply with the contribution and expenditure limits set forth in subsection (4) of this section and all other requirements set forth in this article or adopted by the board. Failure to comply is a violation of this article.
(2) Participating candidates who seek certification to receive campaign funds from the fund shall first, during the qualifying period, if seeking office on the Supreme Court, obtain qualifying contributions from at least four hundred twenty-five (425) registered voters in an aggregate sum that at least equals the amount of minimum qualifying contributions described in applicable Mississippi law but that does not exceed the amount of maximum qualifying contributions described in applicable Mississippi law. If a participating candidate is seeking certification for an office on the Court of Appeals, the candidate shall obtain qualifying contributions from at least four hundred (400) registered voters in an aggregate sum that at least equals the amount of minimum qualifying contributions described in applicable Mississippi law but that does not exceed the amount of maximum qualifying contributions described in applicable Mississippi law. No payment, gift, anything of value, or the opportunity to win anything of value shall be given in exchange for a qualifying contribution.
(3) Upon receipt of a submittal of the record of demonstrated support by a participating candidate, the board shall determine whether or not the candidate has complied with all of the following requirements:
(a) Signed and filed a declaration of intent to participate in this article.
(b) Submitted a report itemizing the appropriate number of qualifying contributions received from registered voters, which the board shall verify through a random sample or other means it adopts. The report shall include the county of residence of each registered voter listed.
(c) Filed a valid notice of candidacy pursuant to applicable Mississippi law.
(d) Otherwise met the requirements for participation in this article.
The board shall certify candidates complying with the requirements of this section as soon as possible and no later than five (5) business days after receipt of a satisfactory record of demonstrated support.
(4) The following restrictions shall apply to contributions and expenditures with respect to participating and certified candidates:
(a) Beginning January 1 of the year before the election and before the filing of a declaration of intent, a candidate for office may accept in contributions up to Twenty-Five Thousand Dollars ($25,000.00) from sources and in amounts permitted by applicable Mississippi law and may expend up to Twenty-Five Thousand Dollars ($25,000.00) for any campaign purpose. A candidate who exceeds either of these limits shall be ineligible to file a declaration of intent or to receive funds from the Public Campaign Fund.
(b) From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under Ten Dollars ($10.00) from Mississippi voters, and personal and family contributions permitted under this subsection. The total contributions the candidate may accept during this period shall not exceed the maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may only expend during this period the remaining money raised pursuant to this subsection. Except for personal and family contributions permitted under this subsection, multiple contributions from the same contributor to the same candidate shall not exceed Five Hundred Dollars ($500.00).
(c) After the qualifying period and through the date of the general election, the candidate shall expend only the funds the candidate receives from the fund pursuant to applicable Mississippi law plus any funds remaining from the qualifying period.
(d) During the qualifying period, the candidate may contribute up to One Thousand Dollars ($1,000.00) of that candidate's own money to the campaign and may accept in contributions One Thousand Dollars ($1,000.00) from each member of that candidate's family consisting of spouse, parent, child, brother or sister. Up to Five Hundred Dollars ($500.00) of a contribution from the candidate's family member may be treated as a qualifying contribution if it meets the requirements of applicable Mississippi law.
(e) A candidate and the candidate's committee shall limit the use of all revenues permitted by this subsection to expenditures for campaign-related purposes only. The board shall publish guidelines outlining permissible campaign-related expenditures. In establishing those guidelines, the board shall differentiate expenditures that reasonably further a candidate's campaign from expenditures for personal use that would be incurred in the absence of the candidacy. In establishing the guidelines, the board shall review relevant provisions of the Federal Election Campaign Act, and rules adopted pursuant to it, and similar provisions in other states.
(f) Any contribution received by a participating or certified candidate that falls outside that permitted by this subsection shall be returned to the donor as soon as practicable. Contributions intentionally made, solicited, or accepted in violation of this article are subject to civil penalties as specified in applicable Mississippi law. The funds involved shall be forfeited to the Civil Penalty and Forfeiture Fund.
(g) A candidate shall return to the fund any amount distributed for an election that is unspent and uncommitted at the date of the election, or at the time the individual ceases to be a certified candidate, whichever occurs first. For accounting purposes, all qualifying, personal, and family contributions shall be considered spent before revenue from the fund is spent or committed.
(5) A candidate may revoke, in writing to the Board, a decision to participate in the Public Campaign Fund at any time before the deadline set by the board for the candidate's submission of information under applicable Mississippi law. After a timely revocation, that candidate may accept and expend outside the limits of this article without violating this article. Within ten (10) days after revocation, a candidate shall return to the state board all money received from the fund.
SECTION 25. (1) Candidates involved in elections described in applicable Mississippi law may participate in the fund subject to the provisions of applicable Mississippi law as modified by this section. The board shall adapt other provisions of this article to those elections.
(2) The board shall designate a special qualifying period of no less than four (4) weeks for these candidates, beginning at the close of the notice-of-candidacy filing period. To receive certification, a participating candidate shall raise at least two hundred twenty-five (225) qualifying contributions, totaling at least twenty (20) times the amount of the filing fee for the office, for a four-week qualifying period. If the board sets a longer qualifying period, then for each additional week that the qualifying period extends beyond four (4) weeks, the minimum number of qualifying contributions required for certification shall increase by twenty-five (25), and the minimum amount of the qualifying contributions shall increase by two (2) times the filing fee. The minimum qualifying contributions shall not exceed the limit set by applicable Mississippi law.
(3) Certified candidates shall receive one percent (1%) of the funding to which they would be eligible under applicable Mississippi law times the number of calendar days between the end of the special qualifying period and the day of the general election. That amount shall not exceed one hundred percent (100%) of the funding to which they would be eligible under applicable Mississippi law.
SECTION 26. (1) The board shall distribute to a certified candidate revenue from the fund in an amount determined under subsection (2)(d) of this section within five (5) business days after the certified candidate's name is approved to appear on the ballot in a contested general election but no earlier than five (5) business days after the primary.
(2) By August 1, 2022, and no less frequently than every two (2) years thereafter, the board shall determine the amount of funds, rounded to the nearest One Hundred Dollars ($100.00), to be distributed to certified candidates as follows:
(a) Uncontested primaries. – No funds shall be distributed.
(b) Contested primaries. – No funds shall be distributed.
(c) Uncontested general elections. – No funds shall be distributed.
(d) Contested general elections. – Funds shall be distributed to a certified candidate for a position on the Court of Appeals in an amount equal to two hundred twenty-five (225) times the candidate's filing fee as set forth in applicable Mississippi law. Funds shall be distributed to a certified candidate for a position on the Supreme Court in an amount equal to three hundred fifty (350) times the candidate's filing fee as set forth in applicable Mississippi law.
(3) The board, in consultation with the State Treasurer, shall develop a rapid, reliable method of conveying funds to certified candidates. In all cases, the board shall distribute funds to certified candidates in a manner that is expeditious, ensures accountability, and safeguards the integrity of the fund. If the money in the fund is insufficient to fully fund all certified candidates, then the available money shall be distributed proportionally, according to each candidate's eligible funding, and the candidate may raise additional money in the same manner as a noncertified candidate for the same office up to the unfunded amount of the candidate's eligible funding.
(4) Beginning October 1, 2026, and every five (5) years thereafter, the board shall appoint a three-member committee to conduct an independent review regarding any need for modification of funds distributed to certified candidates pursuant to this section. The committee shall consist of one (1) member from the Mississippi Bar Association, one (1) member who is a public financing expert, as determined by the board, and one (1) member who is a former Justice of the Mississippi Supreme Court or Judge of the Mississippi Court of Appeals who has used the fund. In conducting the independent review, the committee shall, at a minimum, consider the need for modification of funds as a result of changes in election costs and inflationary adjustments.
SECTION 27. (1) Notwithstanding any other provisions of law, participating and certified candidates shall report any money received, including all previously unreported qualifying contributions, all campaign expenditures, obligations, and related activities to the board according to procedures developed by the board. A certified candidate who ceases to be certified or ceases to be a candidate or who loses an election shall file a final report with the board and return any unspent revenues received from the fund. In developing these procedures, the board shall use existing campaign reporting procedures whenever practical.
(2) The board shall ensure prompt public access to the reports received in accordance with this article. The board may use electronic means of reporting and storing information.
SECTION 28. In addition to any other penalties that may be applicable, any individual, political committee, or other entity that violates any provision of this article is subject to a civil penalty of up to Ten Thousand Dollars ($10,000.00) per violation or three (3) times the amount of any financial transactions involved in the violation, whichever is greater. In addition to any fine, for good cause shown, a candidate found in violation of this article may be required to return to the fund all amounts distributed to the candidate from the fund. If the board makes a determination that a violation of this article has occurred, the board shall calculate and assess the amount of the civil penalty and shall notify the entity that is assessed the civil penalty of the amount that has been assessed. The board shall then proceed in the manner prescribed in applicable Mississippi law. In determining whether or not a candidate is in violation of this article, the board may consider as a mitigating factor any circumstances out of the candidate's control.
SECTION 29. (1) To ensure the financial viability of the Mississippi Public Campaign Fund established in this act, the Department of Revenue (DOR) must allocate to that fund Three Dollars ($3.00) from the income taxes paid each year by each individual with an income tax liability of at least that amount, if the individual agrees. A taxpayer must be given the opportunity to indicate an agreement to that allocation in the manner described in subsection (2) of this section. In the case of a married couple filing a joint return, each individual must have the option of agreeing to the allocation. The amounts allocated under this subsection to the fund must be credited to it on a quarterly basis.
(2) Individual income tax returns must give an individual an opportunity to agree to the allocation of Three Dollars ($3.00) of the individual's tax liability to the Mississippi Public Campaign Fund. The DOR must make it clear to the taxpayer that the dollars shall go to the fund if the taxpayer marks an agreement, and that allocation of the dollars neither increases nor decreases the individual's tax liability. The following statement satisfies the intent of this requirement: "Three Dollars ($3.00) shall go to the Mississippi Public Campaign Fund, if you agree. Your tax remains the same whether or not you agree." The DOR must consult with the State Board of Election Commissioners to ensure that the information given to taxpayers complies with the intent of this section. The DOR must inform the entities it approves to reproduce the return of the requirements of this section and that a return may not reflect an agreement or objection unless the individual completing the return decided to agree or object after being presented with the information required by subsection (3) of this section. No software package used in preparing Mississippi income tax returns may default to an agreement or objection. A paid preparer of tax returns may not mark an agreement or objection for a taxpayer without the taxpayer's consent.
(3) The instructions for individual income tax returns must include the following explanatory statement: "The Mississippi Public Campaign Fund provides campaign money to nonpartisan candidates for the Mississippi Supreme Court and Court of Appeals who voluntarily accept strict campaign spending and fundraising limits. The fund also helps finance educational materials about voter registration, the role of the appellate courts, and the candidates seeking election as appellate judges in Mississippi. Three Dollars ($3.00) from the taxes you pay will go to the fund if you mark an agreement. Regardless of what choice you make, your tax will not increase, nor will any refund you are entitled to be reduced."
SECTION 30. Section 5-1-1, Mississippi Code of 1972, is brought forward as follows:
5-1-1. The number of Representatives shall be one hundred twenty-two (122) and shall be elected from districts adopted as provided in Section 254 of the Mississippi Constitution of 1890.
SECTION 31. Section 5-1-3, Mississippi Code of 1972, is brought forward as follows:
5-1-3. The number of Senators shall be fifty-two (52) and shall be elected from fifty-two (52) districts adopted as provided in Section 254 of the Mississippi Constitution of 1890.
SECTION 32. Section 5-3-81, Mississippi Code of 1972, is brought forward as follows:
5-3-81. (1) The special joint committee on reapportionment, created in the first extraordinary session of the Mississippi Legislature in 1977, is hereby directed to establish a program whereby the State of Mississippi shall cooperate with the bureau of the census, United States Department of Commerce, to obtain 1980 census population data by individual block counts or, in the alternative, to establish any program of census population counts offered by the bureau of the census which, in the determination of the joint committee, is more feasible than the block population counts program for the purpose of facilitating apportionment of representative public bodies in the State of Mississippi.
(2) The joint committee may, in its discretion, submit to the bureau of the census, United States Department of Commerce, a statement or letter of intent that the State of Mississippi does intend to participate in the "Delineation of Enumeration Districts by Local Authorities for Use in the 1980 Census" program upon a determination that such program is appropriate for use in Mississippi for population counting in each decennial census as a means of facilitating any necessary reapportionment of representative public bodies.
(3) The boards of supervisors of the counties within this state are hereby directed to submit on or before September 1, 1977, election district maps drawn pursuant to the metes and bounds requirements of Section 23-5-13, Mississippi Code of 1972, to the special joint committee on reapportionment. The boards of supervisors shall also, within ten (10) days after a request by the special joint committee on reapportionment, furnish such other information, graphic data and material as the joint committee shall require. The election commission, circuit clerks and chancery clerks of each county and the governing authorities of any governmental unit are hereby specifically empowered and directed to cooperate with the board of supervisors and the joint committee in the same manner upon request of the board and/or the joint committee.
(4) The joint committee shall submit a report of its actions, findings and recommendations and a statement of action necessary to implement the recommendations to the next succeeding regular or extraordinary session of the Mississippi Legislature.
SECTION 33. Section 5-3-91, Mississippi Code of 1972, is brought forward as follows:
5-3-91. There is hereby created the standing joint legislative committee on reapportionment, to be composed of the Chairman and Vice Chairman of the Apportionment and Elections Committee of the House of Representatives and the Chairman and Vice Chairman of the Elections Committee of the Senate; ten (10) members of the House of Representatives, two (2) from each congressional district, to be appointed by the Speaker of the House of Representatives; and ten (10) members of the Senate, two (2) from each congressional district to be appointed by the Lieutenant Governor. In the event the congressional districts of the state shall change numerically, then the number appointed from the Senate and appointed from the House by congressional districts shall be adjusted accordingly. The members shall serve until the end of the term of office for which such member has been elected.
The Lieutenant Governor and Speaker of the House of Representatives shall call an organizational meeting of the committee and the committee shall elect a chairman and such other officers as they deem necessary. A majority vote of the members of each house shall be required on all votes by the committee.
SECTION 34. Section 5-3-93, Mississippi Code of 1972, is brought forward as follows:
5-3-93. The members of the committee shall draw a plan to apportion, according to constitutional standards, the membership of the Mississippi Senate and the Mississippi House of Representatives no later than fifteen (15) days prior to the scheduled adjournment of the next regular session of the Legislature following the delivery of the 2000 decennial census data to the state and every ten (10) years thereafter and at such other times as they may be directed by joint resolution of the Mississippi Legislature.
Provided, however, the committee shall not be required to present a plan to the Legislature prior to four (4) months after the publication of census data.
SECTION 35. Section 5-3-95, Mississippi Code of 1972, is brought forward as follows:
5-3-95. (1) The members of the committee shall be entitled to receive compensation as follows:
(a) Per diem compensation for each day engaged in the discharge of official duties at the same rate as compensated during a special session of the Legislature and reimbursement for all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law; or
(b) Per diem compensation for each day engaged in the discharge of official duties in the amount authorized by Section 25-3-69 and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47.
(2) Prior to receiving any compensation pursuant to subsection (1) of this section, a member of the committee shall give notice in writing to the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, of the manner in which he desires to be compensated pursuant to subsection (1) of this section.
(3) No compensation shall be paid pursuant to this section for attending meetings of the committee while the Legislature is in session.
SECTION 36. Section 5-3-97, Mississippi Code of 1972, is brought forward as follows:
5-3-97. All political subdivisions, state agencies, and all other creatures of the State of Mississippi are hereby authorized and directed to assist the committee and to provide it with such professional, technical, and other expertise as each may possess when requested so to do. After an affirmative finding that professional, technical, or other expertise is needed that cannot be provided by the aforesaid political subdivisions, state agencies, and other creatures of the state, then the committee may employ or contract for such professional, technical, or other expertise necessary to accomplish the apportionment. The committee may employ staff personnel as it deems necessary.
SECTION 37. Section 5-3-99, Mississippi Code of 1972, is brought forward as follows:
5-3-99. (1) The committee shall divide the number of members of the Senate that it recommends within constitutional limitations into the total population of the state as reported in each census to determine the number of persons which constitutes the norm to be represented by a senator.
(2) The committee shall divide the number of members of the House of Representatives that it recommends within constitutional limitations into the total population of the state as reported in each census to determine the number of persons which constitutes the norm to be represented by a representative.
SECTION 38. Section 5-3-101, Mississippi Code of 1972, is brought forward as follows:
5-3-101. In accomplishing the apportionment, the committee shall follow such constitutional standards as may apply at the time of the apportionment and shall observe the following guidelines unless such guidelines are inconsistent with constitutional standards at the time of the apportionment, in which event the constitutional standards shall control:
(a) Every district shall be compact and composed of contiguous territory and the boundary shall cross governmental or political boundaries the least number of times possible; and
(b) Districts shall be structured, as far as possible and within constitutional standards, along county lines; if county lines are fractured, then election district lines shall be followed as nearly as possible.
SECTION 39. Section 5-3-103, Mississippi Code of 1972, is brought forward as follows:
5-3-103. Upon completion of apportionment plans, the committee shall present its plans to the Mississippi Legislature, which shall act on the plans not later than the next regular session of the Legislature. The committees to which the plans are referred shall report their recommendations to their respective houses no later than the forty-fifth day of the legislative session.
SECTION 40. Section 5-3-121, Mississippi Code of 1972, is brought forward as follows:
5-3-121. There is hereby created a standing joint congressional redistricting committee, to be composed of the Chairman and Vice Chairman of the Apportionment and Elections Committee of the House of Representatives and the Chairman and Vice Chairman of the Elections Committee of the Senate; ten (10) members of the House of Representatives, two (2) from each congressional district, to be appointed by the Speaker of the House of Representatives; and ten (10) members of the Senate, two (2) from each congressional district, to be appointed by the Lieutenant Governor. In the event the congressional districts of the state shall change numerically, then the number appointed from the Senate and from the House from congressional districts shall be adjusted accordingly. The members shall serve until the end of the term of office for which such member has been elected.
The Lieutenant Governor and Speaker of the House of Representatives shall call an organizational meeting of the committee and the committee shall elect a Chairman and such other officers as they deem necessary. A majority vote of the members of each house shall be required on all votes by the committee.
SECTION 41. Section 5-3-123, Mississippi Code of 1972, is brought forward as follows:
5-3-123. The members of the committee shall draw a plan to redistrict, according to constitutional standards, the United States congressional districts for the State of Mississippi no later than thirty (30) days preceding the convening of the next regular session of the Legislature after the results of the 1980 decennial census are published and every ten (10) years thereafter.
Provided, however, the committee shall not be required to present a plan to the Governor and to the Legislature prior to four (4) months after the publication of census data.
SECTION 42. Section 5-3-125, Mississippi Code of 1972, is brought forward as follows:
5-3-125. (1) The members of the committee shall be entitled to receive compensation as follows:
(a) Per diem compensation for each day engaged in the discharge of official duties at the same rate as compensated during a special session of the Legislature and reimbursement for all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law; or
(b) Per diem compensation for each day engaged in the discharge of official duties in the amount authorized by Section 25-3-69 and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47.
(2) Prior to receiving any compensation pursuant to subsection (1) of this section, a member of the committee shall give notice in writing to the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, of the manner in which he desires to be compensated pursuant to subsection (1) of this section.
(3) No compensation shall be paid pursuant to this section for attending meetings of the committee while the Legislature is in session.
SECTION 43. Section 5-3-127, Mississippi Code of 1972, is brought forward as follows:
5-3-127. All political subdivisions, state agencies, and all other creatures of the State of Mississippi are hereby authorized and directed to assist the committee and to provide it with such professional, technical and other expertise as each may possess when requested so to do. After an affirmative finding that professional, technical or other expertise is needed that cannot be provided by the aforesaid political subdivisions, state agencies, and other creatures of the state, then the committee may employ or contract for such professional, technical or other expertise necessary to accomplish the apportionment. The committee may employ staff personnel as it deems necessary.
SECTION 44. Section 5-3-129, Mississippi Code of 1972, is brought forward as follows:
5-3-129. Upon completion of a redistricting plan, the committee shall present its plan to the Governor and to the Mississippi Legislature.
SECTION 45. Section 23-15-803, Mississippi Code of 1972, is brought forward as follows:
23-15-803. (1) Each political committee shall file a statement of organization which must be received by the Secretary of State no later than forty-eight (48) hours after:
(a) Receipt of contributions aggregating in excess of Two Hundred Dollars ($200.00), or
(b) Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).
(2) The content of the statement of organization of a political committee shall include:
(a) The name, address, officers, and members of the committee;
(b) The designation of a chair of the organization and a custodian of the financial books, records and accounts of the organization, who shall be designated treasurer; and
(c) If the committee is authorized by a candidate, then the name, address, office sought and party affiliation of the candidate.
(3) Any change in information previously submitted in a statement of organization shall be reported and noted on the next regularly scheduled report.
(4) In addition to any other penalties provided by law, the Mississippi Ethics Commission may impose administrative penalties against any political committee that fails to comply with the requirements of this section in an amount not to exceed Five Thousand Dollars ($5,000.00) per violation. The notice, hearing and appeals provisions of Section 23-15-813 shall apply to any action taken pursuant to this subsection (4). The Mississippi Ethics Commission may pursue judicial enforcement of any penalties issued pursuant to this section.
SECTION 46. Section 23-15-809, Mississippi Code of 1972, is brought forward as follows:
23-15-809. (a) Every person who makes independent expenditures in an aggregate amount or value in excess of Two Hundred Dollars ($200.00) during a calendar year shall file a statement containing the information required under Section 23-15-807. Such statement shall be filed with the appropriate offices as provided for in Section 23-15-805, and such person shall be considered a political committee for the purpose of determining place of filing.
(b) Statements required to be filed by this subsection shall include:
(i) Information indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
(ii) Under penalty of perjury, a certification of whether or not such independent expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
(iii) The identification of each person who made a contribution in excess of Two Hundred Dollars ($200.00) to the person filing such statement which was made for the purpose of furthering an independent expenditure.
SECTION 47. Section 23-15-807, Mississippi Code of 1972, is brought forward as follows:
23-15-807. (a) Each candidate or political committee shall file reports of contributions and disbursements in accordance with the provisions of this section. All candidates or political committees required to report such contributions and disbursements may terminate the obligation to report only upon submitting a final report that contributions will no longer be received or disbursements made and that the candidate or committee has no outstanding debts or obligations. The candidate, treasurer or chief executive officer shall sign the report.
(b) Candidates seeking election, or nomination for election, and political committees making expenditures to influence or attempt to influence voters for or against the nomination for election of one or more candidates or balloted measures at such election, shall file the following reports:
(i) In any calendar year during which there is a regularly scheduled election, a pre-election report shall be filed no later than the seventh day before any election in which the candidate or political committee has accepted contributions or made expenditures and shall be completed as of the tenth day before the election;
(ii) In 1987 and every fourth year thereafter, periodic reports shall be filed no later than the tenth day after April 30, May 31, June 30, September 30 and December 31, and shall be completed as of the last day of each period;
(iii) In any calendar years except 1987 and except every fourth year thereafter, a report covering the calendar year shall be filed no later than January 31 of the following calendar year; and
(iv) Except as otherwise provided in the requirements of paragraph (i) of this subsection (b), unopposed candidates are not required to file pre-election reports but must file all other reports required by paragraphs (ii) and (iii) of this subsection (b).
(c) All candidates for judicial office as defined in Section 23-15-975, or their political committees, shall file periodic reports in the year in which they are to be elected 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, including those required to be identified pursuant to paragraph (ii) of this subsection (d) 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 (d), each political party shall disclose:
1. Each person or political committee who makes a contribution to a political party during the reporting period and whose contribution or contributions to a political party within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00), together with the date and amount of the contribution;
2. Each person or organization who receives an expenditure or expenditures by a political party during the reporting period when the expenditure or expenditures to the person or organization within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00), together with the date and amount of the expenditure;
(v) Disclosure required under this section of an expenditure to a credit card issuer, financial institution or business allowing payments and money transfers to be made over the Internet must include, by way of detail or separate entry, the amount of funds passing to each person, business entity or organization receiving funds from the expenditure.
(e) The appropriate office specified in Section 23-15-805 must be in actual receipt of the reports specified in this article by 5:00 p.m. on the dates specified in 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 chair of the candidate's political organization.
(ii) The notification shall be in writing, and may be transmitted by overnight mail, courier service, or other reliable means, including electronic facsimile (FAX), but the candidate or candidate's committee shall ensure that the notification shall in fact be received in the appropriate office designated in Section 23-15-805 within forty-eight (48) hours of the contribution.
SECTION 48. Section 23-15-801, Mississippi Code of 1972, is brought forward as follows:
23-15-801. (a) "Election" means a general, special, primary or runoff election.
(b) "Candidate" means an individual who seeks nomination for election, or election, to any elective office other than a federal elective office. For purposes of this article, an individual shall be deemed to seek nomination for election, or election:
(i) If the individual has received contributions aggregating in excess of Two Hundred Dollars ($200.00) or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) or for a candidate for the Legislature or any statewide or state district office, by the qualifying deadlines specified in Sections 23-15-299 and 23-15-977, whichever occurs first; or
(ii) If the individual has given his or her consent to another person to receive contributions or make expenditures on behalf of the individual and if the other person has received contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.
(c) "Political committee" means any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations that receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or that makes expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination for election, or election, of one or more candidates, or balloted measures. Political committee shall, in addition, include each political party registered with the Secretary of State.
(d) "Affiliated organization" means any organization that is not a political committee, but that directly or indirectly establishes, administers or financially supports a political committee.
(e) (i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;
(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party;
(iii) "Contribution to a political party" includes any gift, subscription, loan, advance or deposit of money or anything of value made by any person, political committee, or other organization to a political party and to any committee, subcommittee, campaign committee, political committee and other groups of persons and affiliated organizations of the political party;
(iv) "Contribution to a political party" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a political party or a candidate of a political party.
(f) (i) "Expenditure" shall include any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any person or political committee for the purpose of influencing any balloted measure or election for elective office; and a written contract, promise, or agreement to make an expenditure;
(ii) "Expenditure" shall not include any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless the facilities are owned or controlled by any political party, political committee, or candidate; or nonpartisan activity designed to encourage individuals to vote or to register to vote;
(iii) "Expenditure by a political party" includes 1. any purchase, payment, distribution, loan, advance, deposit, gift of money or anything of value, made by any political party and by any contractor, subcontractor, agent, and consultant to the political party; and 2. a written contract, promise, or agreement to make such an expenditure.
(g) The term "identification" shall mean:
(i) In the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and
(ii) In the case of any other person, the full name and address of the person.
(h) The term "political party" shall mean an association, committee or organization which nominates a candidate for election to any elective office whose name appears on the election ballot as the candidate of the association, committee or organization.
(i) The term "person" shall mean any individual, family, firm, corporation, partnership, association or other legal entity.
(j) The term "independent expenditure" shall mean an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is made without cooperation or consultation with any candidate or any authorized committee or agent of the candidate, and that is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of the candidate.
(k) The term "clearly identified" shall mean that:
(i) The name of the candidate involved appears; or
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
SECTION 49. Section 23-15-813, Mississippi Code of 1972, is brought forward as follows:
23-15-813. (a) In addition to any other penalty permitted by law, the Mississippi Ethics Commission shall require any candidate or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report that fails to substantially comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:
(i) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report. The list shall be provided to the Mississippi Ethics Commission. The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by first-class mail.
(ii) Beginning with the tenth calendar day after which any report is due, the Mississippi Ethics Commission shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. In the discretion of the Mississippi Ethics Commission, the assessing of the fine may be waived, in whole or in part, if the Commission determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with the timely filing of a report. Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the notice shall not result in removal or reduction of any assessed civil penalty.
(iii) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.
(iv) Payment of the fine without filing the required report does not excuse or exempt any person from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.
(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Mississippi Ethics Commission, the candidate or political committee shall pay the fine to the Commission within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the Commission, the Commission shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.
(b) (i) Upon the sworn application, made within sixty (60) calendar days of the date upon which the required report is due, of a candidate or political committee against whom a civil penalty has been assessed pursuant to subsection (a) of this section, the Secretary of State shall forward the application to the State Board of Election Commissioners. The State Board of Election Commissioners shall appoint one or more hearing officers who shall be former chancellors, circuit court judges, judges of the Court of Appeals or justices of the Supreme Court, to conduct hearings held pursuant to this article. The hearing officer shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the candidate or political committee and notice of the time and place of the hearing to be served upon the candidate or political committee at least twenty (20) calendar days before the hearing date. The notice may be served by mailing a copy of the notice by certified mail, postage prepaid, to the last-known business address of the candidate or political committee.
(ii) The hearing officer may issue subpoenas for the attendance of witnesses and the production of documents at the hearing. Process issued by the hearing officer shall extend to all parts of the state and shall be served by any person designated by the hearing officer for the service.
(iii) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his or her behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.
(iv) At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the hearing officer, who shall not be bound by strict rules of procedure or by the laws of evidence, but the determination shall be based upon sufficient evidence to sustain it. The scope of review at the hearing shall be limited to making a determination of whether failure to file a required report was due to an unforeseeable mitigating circumstance.
(v) In any proceeding before the hearing officer, if any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any documents called for by a subpoena, the attendance of the witness, the giving of his or her testimony or the production of the documents shall be enforced by a court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(vi) Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last-known business address of the candidate or political committee by way of United States first-class, certified mail, postage prepaid.
(c) (i) The right to appeal from the decision of the hearing officer in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is granted. The appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and the prepayment of all costs, including the cost of preparing the record of the proceedings by the hearing officer, and filing a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the hearing officer is affirmed by the court, the candidate or political committee will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Mississippi Ethics Commission will pay the costs of the appeal and the action in court.
(ii) If there is an appeal, the appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.
(d) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in subsection (b), the candidate or political committee identified in subsection (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency. The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.
(e) If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate or political committee identified in subsection (a) of this section shall not have filed a valid report with the Secretary of State, the Secretary of State shall notify the Attorney General of those candidates and political committees who have not filed a valid report, and the Attorney General shall prosecute the delinquent candidates and political committees.
SECTION 50. Section 23-15-805, Mississippi Code of 1972, is brought forward as follows:
23-15-805. (a) Candidates for state, state district, and legislative district offices, and every political committee, which makes reportable contributions to or expenditures in support of or in opposition to a candidate for any such office or makes reportable contributions to or expenditures in support of or in opposition to a statewide ballot measure, shall file all reports required under this article with the Office of the Secretary of State.
(b) Candidates for county or county district office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office or makes reportable contributions to or expenditures in support of or in opposition to a countywide ballot measure or a ballot measure affecting part of a county, excepting a municipal ballot measure, shall file all reports required by this section in the office of the circuit clerk of the county in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The circuit clerk shall forward copies of all reports to the Office of the Secretary of State.
(c) Candidates for municipal office, and every political committee which makes reportable contributions to or expenditures in support of or in opposition to a candidate for such office, or makes reportable contributions to or expenditures in support of or in opposition to a municipal ballot measure shall file all reports required by this article in the office of the municipal clerk of the municipality in which the election occurs, or directly to the Office of the Secretary of State via facsimile, electronic mail, postal mail or hand delivery. The municipal clerk shall forward copies of all reports to the Office of the Secretary of State.
(d) The Secretary of State, the circuit clerks and the municipal clerks shall make all reports received under this subsection available for public inspection and copying and shall preserve the reports for a period of five (5) years.
SECTION 51. Section 23-15-49, Mississippi Code of 1972, is amended as follows:
23-15-49. (1) A person may register to vote under this section if the person is:
(a) Eligible to register to vote under Section 23-15-11; and
(b) Has a current and valid Mississippi driver's license or photo identification card issued by the Mississippi Department of Public Safety.
(2) A person described in subsection (1) of this section may submit a voter registration application using the procedures set forth in this section.
( * * *3) (a) The Secretary of State shall,
with the support of the Mississippi Department of Public Safety, establish a
secure Internet website to permit * * *
persons described in subsection (1) of this section to submit voter
registration applications. The form of the online application shall be
established by rule duly adopted by the Secretary of State.
(b) The secure website established under this subsection shall allow a person described in subsection (1) of this section to submit an application:
(i) For registration as a first-time voter in Mississippi; or
(ii) To change the applicant's name, address or other information set forth in the applicant's existing voter registration record.
( * * *c) Upon the * * * submission of an
application through the secure website, the software used by the Secretary
of State for processing applications through the website shall provide for
verification that:
(i) The * * * applicant has a current and
valid Mississippi driver's license or photo identification card issued by the
Mississippi Department of Public Safety and the number for that driver's
license or photo identification card provided by the applicant matches the
number for the * * *
applicant's driver's license or photo identification card that is on
file with the Mississippi Department of Public Safety;
(ii) The
name and date of birth provided by the * * * applicant matches the name and
date of birth that is on file with the Mississippi Department of Public Safety;
and
(iii) The
applicant is a citizen of the State of Mississippi and of the United States and
the information provided by the * * * applicant matches the
information on file with the Mississippi Department of Public Safety.
The application
shall be reviewed by the county registrar of the applicant's county of residence.
If any of the required information does not match that on file with the
Mississippi Department of Public Safety, or if the application is
incomplete, the * * *
registration shall be rejected with the specific reason or reasons
for the rejection noted. The applicant shall have the same right to automatic
review of the rejected application as provided in Sections 23-15-61 through 23-15-79
and shall be notified of such review as provided in Section 23-15-45.
( * * *4) Any person who attempts to * * * register to
vote under this section shall be subject to the penalties for false
registration provided for in Section 97-13-25.
( * * *5) The Secretary of State and the
Department of Public Safety shall enter into a memorandum of understanding
providing for the sharing of information required to facilitate the
requirements of this section.
SECTION 52. Section 23-15-13, Mississippi Code of 1972, is amended as follows:
23-15-13. (1) An elector who moves from one (1) ward or voting precinct to another ward within the same municipality or voting precinct within the same county shall not be disqualified to vote, but he or she shall be entitled to have his or her registration transferred to his or her new ward or voting precinct upon making a written or online request therefor at any time up to thirty (30) days before the election at which he or she offers to vote, and if the removal occurs within thirty (30) days of such election he or she shall be entitled to vote in his or her new ward or voting precinct by affidavit ballot as provided in Section 23-15-573. If the thirtieth day to transfer the elector's registration before an election falls on a Sunday or legal holiday, the transfer of the elector's registration submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.
(2) If an elector requests a change in his or her address under Section 23-15-49 and the address is located in a precinct in the county or municipality that differs from the precinct as reflected in the then current registration records, the request shall be treated in the same manner as a written request to transfer the elector's registration under subsection (1) of this section.
SECTION 53. Section 23-15-35, Mississippi Code of 1972, is amended as follows:
23-15-35. (1) The clerk of the municipality shall be the registrar of voters of the municipality, and shall take the oath of office prescribed by Section 268 of the Constitution. The municipal registration shall conform to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. The municipal clerk shall comply with all the provisions of law regarding the registration of voters, including the use of the voter registration applications used by county registrars and prescribed by the Secretary of State under Sections 23-15-39 and 23-15-47 and online voter registration prescribed in Section 23-15-49 and under automatic voter registration.
(2) The municipal clerk shall be authorized to register applicants as county electors. The municipal clerk shall forward notice of registration, a copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the county registrar or by personal delivery to the county registrar provided that a numbered receipt is signed by the county registrar in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, and if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a county elector, then the county registrar shall make a determination of the county voting precinct in which the person making the application shall be required to vote. The county registrar shall send this county voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection (2) shall be paid by the county board of supervisors. If a review of the copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the county, the county registrar shall challenge the application. The county election commissioners shall review any challenge or disqualification, after having notified the applicant by certified mail of the challenge or disqualification.
(3) The municipal clerk shall issue to the person making the application a copy of the application and the county registrar shall process the application in accordance with the law regarding the handling of voter registration applications.
(4) The receipt of a copy of the application for registration sent pursuant to Section 23-15-39(3) shall be sufficient to allow the applicant to be registered as an elector in the municipality, provided that such application is not challenged as provided for therein.
(5) The municipal clerk of each municipality shall provide the county registrar in which the municipality is located the information necessary to conform the municipal registration to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. If any changes to the information occur as a result of redistricting, annexation or other reason, it shall be the responsibility of the municipal clerk to timely provide the changes to the county registrar.
SECTION 54. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The registrar shall register the electors of his or her county at any time during regular office hours.
(2) The county registrar may keep his or her office open to register voters from 8:00 a.m. until 7:00 p.m., including the noon hour, for the five (5) business days immediately preceding the thirtieth day before any regularly scheduled primary or general election. The county registrar shall also keep his or her office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day before any regularly scheduled primary or general election, unless that Saturday falls on a legal holiday, in which case registration applications submitted on the Monday immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling such voters to vote in the next primary or general election.
(3) The registrar, or any deputy registrar duly appointed by law, may visit and spend such time as he or she may deem necessary at any location in his or her county, selected by the registrar not less than thirty (30) days before an election, for the purpose of registering voters.
(4) A person who is physically disabled and unable to visit the office of the registrar to register to vote due to such disability may contact the registrar and request that the registrar or the registrar's deputy visit him or her for the purpose of registering such person to vote. The registrar or the registrar's deputy shall visit that person as soon as possible after such request and provide the person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or the registrar's deputy.
(5) (a) In the fall and spring of each year the registrar of each county shall furnish all public schools with instructions for submitting an online voter registration application as well as mail-in voter registration applications. The instructions and applications shall be provided in a reasonable time to enable those students who will be eighteen (18) years of age before a general election to be able to vote in the primary and general elections.
(b) Each public school district shall permit access to all public schools of this state for the county registrar or the county registrar's deputy to register persons who are eligible to vote and to provide voter education.
SECTION 55. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) Applications for registration as electors of this state, which are submitted online as provided in Section 23-15-49 or via automatic voter registration or sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a form established by rule duly adopted by the Secretary of State.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person, and the county registrar shall mail the applicant a voter registration card to the mailing address provided on the application.
(6) Any person desiring * * * to apply for registration
may apply through the online voter registration process established in
Section 23-15-49 or may secure an application from the registrar of the
county of which he or she is a resident and may take the application with him
or her and secure assistance in completing the application from any person of
the applicant's choice. It shall be the duty of all registrars to furnish
applications for registration to all persons requesting them, and it shall
likewise be the registrar's duty to furnish aid and assistance in the
completing of the application when requested by an applicant. Unless the
application for registration is completed online, the application for
registration shall be sworn to and subscribed before the registrar or deputy registrar
at the municipal clerk's office, the county registrar's office or any other
location where the applicant is allowed to register to vote. The registrar
shall not charge a fee or cost to the applicant for accepting the application
or administering the oath or for any other duty imposed by law regarding the
registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he or she shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read the application and oath to the person and the person's answers thereto shall be recorded by the registrar or the registrar's deputy. The person shall be registered as an elector if he or she otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The county registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) In any case in which the corporate boundaries of a municipality change, whether by annexation or redistricting, the municipal clerk shall, within ten (10) days after approval of the change in corporate boundaries, provide to the county registrar conforming geographic data that is compatible with the Statewide Elections Management System. The data shall be developed by the municipality's use of a standardized format specified by the Statewide Elections Management System. The county registrar, county election commissioner or other county official, who has completed an annual training seminar sponsored by the Secretary of State pertaining to the implementation of new boundary lines in the Statewide Elections Management System and received certification for that training, shall update the municipal boundary information into the Statewide Elections Management System. The Statewide Elections Management System updates the municipal voter registration records and assigns electors to their municipal voting precincts. The county registrar shall forward to the municipal clerk written notification of the additions and changes, and the municipal clerk shall forward to the affected municipal electors written notification of the additions and changes.
SECTION 56. Section 23-15-41, Mississippi Code of 1972, is amended as follows:
23-15-41. (1) When an applicant to register to vote has completed the application form as prescribed by administrative rule or automatic voter registration or Section 23-15-49, the county registrar shall enter the applicant's information into the Statewide Elections Management System where the applicant's status will be marked as "ACTIVE," "PENDING" or "REJECTED," and the applicant shall be entitled to register upon his or her request for registration made online as provided in Section 23-15-49 or in person to the registrar, or deputy registrar if a deputy registrar has been appointed. Except as provided by applicable law or automatic voter registration, no person other than the registrar, or a deputy registrar, shall register any applicant.
(2) If an applicant is not qualified to register to vote, then the registrar shall enter the applicant's information into the Statewide Elections Management System and mark the applicant's status as "PENDING" or "REJECTED," with the specific reason or reasons for that status noted. The registrar shall notify the election commission of those applicants rejected.
SECTION 57. Section 23-15-79, Mississippi Code of 1972, is amended as follows:
23-15-79. (1) Unless the application for registration was made pursuant to Section 23-15-47 or automatic voter registration or Section 23-15-49, the date of registration to vote shall be the date the application for registration to vote was initially received by the registrar or, if submitted by mail, the postmark date, regardless of the date on which the county election commission, circuit court or Supreme Court, as the case may be, makes its final determination allowing the registration.
(2) In the case of an application for registration that has been made pursuant to Section 23-15-47, the date of registration to vote shall be the date the complete and legible application form is received by the county registrar, or, if mailed, the postmark date of the complete and legible application.
(3) In the case of an application for registration which has been made pursuant to Section 23-15-49 or automatic voter registration, the date of registration to vote shall be the date the completed application is submitted to the secure Internet website established in Section 23-15-49 or automatic voter registration.
SECTION 58. Section 23-15-45, Mississippi Code of 1972, is brought forward as follows:
23-15-45. In the event that registration is denied pending automatic review by the county election commissioners, the registrar shall immediately inform the applicant that the registration is denied and advise the applicant of the date, time and place of the next meeting of the county election commissioners, at which time the applicant may present such evidence either in person or in writing as he deems pertinent to the question of residency.
SECTION 59. Section 23-15-11, Mississippi Code of 1972, is amended as follows:
23-15-11. (1) Every inhabitant of this state, except persons adjudicated to be non compos mentis, shall be a qualified elector in and for the county, municipality and voting precinct of his or her residence and shall be entitled to vote at any election upon compliance with Section 23-15-563, if he or she:
(a) * * * Is a citizen of the United States of
America * * *;
(b) Is eighteen
(18) years old and upwards * * *;
(c) * * * Has resided in this state for thirty (30)
days and for thirty (30) days in the county in which he or she seeks to
vote, and for thirty (30) days in the incorporated municipality in which he or she
seeks to vote * * *;
(d) * * * Has been duly registered as an elector
under Section 23-15-33 * * *
or online; and
(e) * * * Has never been convicted of vote fraud or
of any crime listed in Section 241, Mississippi Constitution of 1890 * * *.
If the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.
(2) A person who is otherwise a qualified elector under the provisions of subsection (1) and has been convicted of vote fraud, of any crime listed in Section 241, Mississippi Constitution of 1890, or of any crime interpreted as disenfranchising in later Attorney General opinions, shall have his or her right to vote suspended upon conviction but shall have his or her right to vote automatically restored once he or she has satisfied all of the sentencing requirements of the conviction.
(3) Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though the person has not reached his or her eighteenth birthday at the time that the person seeks to vote at the primary election.
(4) No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.
SECTION 60. Section 23-15-19, Mississippi Code of 1972, is amended as follows:
23-15-19. Any person who
has been convicted of vote fraud * * *, any crime listed in Section 241, Mississippi
Constitution of 1890, or of any crime interpreted as disenfranchising in
later Attorney General opinions, such crimes defined as
"disenfranchising," shall * * * have
his or her right to vote suspended upon conviction but shall have his or her
right to vote automatically restored once he or she has satisfied all of the
sentencing requirements of the conviction. Whenever any person shall be
convicted in the circuit court of his or her county of a
disenfranchising crime, the county registrar shall thereupon remove his or her
name from the Statewide Elections Management System * * * until he or she has satisfied all of
the sentencing requirements of the conviction. Whenever any person shall
be convicted of a disenfranchising crime in any other court of any county, the
presiding judge of the court shall, on demand, certify the fact in writing to
the registrar of the county in which the voter resides, who shall * * * remove the name of the person from
the Statewide Elections Management System and retain the certificate as a
record of his or her office until he or she has satisfied all of the
sentencing requirements of the conviction.
SECTION 61. Section 23-15-125, Mississippi Code of 1972, is amended as follows:
23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter's name shall be removed from the Statewide Elections Management System, the state's voter roll and the county's pollbooks. Nothing in this section shall preclude the use of electronic pollbooks. A person who is otherwise a qualified elector under the provisions of Section 23-15-11 and has been convicted of vote fraud, of any crime listed in Section 241, Mississippi Constitution of 1890, or of any crime interpreted as disenfranchising in later Attorney General opinions, shall have his or her right to vote suspended upon conviction but shall have his or her right to vote automatically restored once he or she has satisfied all of the sentencing requirements of the conviction. Once the person has satisfied all of the sentencing requirements, the voter's name shall be automatically restored into the Statewide Elections Management System, the state's voter roll and the county's pollbooks.
SECTION 62. Section 23-15-151, Mississippi Code of 1972, is amended as follows:
23-15-151. The circuit
clerk of each county is authorized and directed to prepare and keep in his or
her office a full and complete list, in alphabetical order, of persons
convicted of voter fraud * * *or, of any crime listed in Section 241, Mississippi
Constitution of 1890 or of any crime interpreted as disenfranchising in
later Attorney General opinions. A certified copy of any enrollment by one
clerk to another will be sufficient authority for the enrollment of the name,
or names, in another county. A list of persons convicted of voter fraud, any
crime listed in Section 241, Mississippi Constitution of 1890, or any crime
interpreted as disenfranchising in later Attorney General opinions, shall also
be entered into the Statewide Elections Management System on a quarterly basis.
* * * A
person who is otherwise a qualified elector under the provisions of Section 23-15-11
and has been convicted of vote fraud, of any crime listed in Section 241,
Mississippi Constitution of 1890, or of any crime interpreted as
disenfranchising in later Attorney General opinions, shall have his or her
right to vote suspended upon conviction but shall have his or her right to vote
automatically restored once he or she has satisfied all of the sentencing
requirements of the conviction. Once the person has satisfied all of the
sentencing requirements, the voter's name shall be automatically restored into
the Statewide Elections Management System, the state's voter roll and the
county's pollbooks.
SECTION 63. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime and had his or her right to vote suspended, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(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 One Hundred Dollars ($100.00), 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 county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners 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 county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), 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 county voter roll as electronically maintained by the Statewide Elections Management System 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 primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
(c) The board of supervisors may, in its discretion, pay the election commissioners an additional amount not to exceed Fifty Dollars ($50.00) for the performance of their duties at any election occurring from July 1, 2020, through December 31, 2020, which shall be considered additional pandemic pay. Such compensation shall be payable out of the county general fund, and may be payable from federal funds available for such purpose, or a combination of both funding sources.
(5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), 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 county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners 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) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information.
(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 $100.00
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 or Section 23-15-239.
SECTION 64. Section 23-15-165, Mississippi Code of 1972, is amended as follows:
23-15-165. (1) The Office of the Secretary of State, in cooperation with the county registrars and election commissioners, shall procure, implement and maintain an electronic information processing system and programs capable of maintaining a centralized database of all registered voters in the state. The system shall encompass software and hardware, at both the state and county level, software development training, conversion and support and maintenance for the system. This system shall be known as the "Statewide Elections Management System" and shall constitute the official record of registered voters in every county of the state.
(2) The Office of the Secretary of State shall develop and implement the Statewide Elections Management System so that the registrar and election commissioners of each county shall:
(a) Verify that an applicant that is registering to vote in that county is not registered to vote in another county;
(b) Be notified automatically that a registered voter in its county has registered to vote in another county;
(c) Receive regular
reports of death, changes of address and convictions for disenfranchising
crimes, which cause a voter to have his or her right to vote suspended,
that apply to voters registered in the county; * * *
(d) Receive regular reports of voters who have satisfied all of the sentencing requirements of his or her conviction and automatically restore the voter's name into the Statewide Elections Management System, the state's voter roll and the county's pollbooks; and
( * * *e) Retain all present functionality
related to, but not limited to, the use of voter roll data and to implement
such other functionality as the law requires to enhance the maintenance of accurate
county voter records and related jury selection and redistricting programs.
(3) As a part of the procurement and implementation of the system, the Office of the Secretary of State shall, with the assistance of the advisory committee, procure services necessary to convert current voter registration records in the counties into a standard, industry accepted file format that can be used on the Statewide Elections Management System. Thereafter, all official voter information shall be maintained on the Statewide Elections Management System. The standard industry accepted format of data was reviewed and approved by a majority of the advisory committee created in subsection (5) of this section after consultation with the Circuit Clerks Association and the format may not be changed without consulting the Circuit Clerks Association.
(4) The Secretary of State may, with the assistance of the advisory committee, adopt rules and regulations necessary to administer the Statewide Elections Management System. The rules and regulations shall at least:
(a) Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;
(b) Provide procedures for integrating data into the centralized database;
(c) Provide security to ensure that only the registrar, or his or her designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;
(d) Provide the registrar or his or her designee or other appropriate official, as the law may require, access to the system at all times, including the ability to download copies of the industry standard file, for all purposes related to their official duties, including, but not limited to, exclusive access for the purpose of printing all local pollbooks;
(e) Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;
(f) Provide a procedure that will allow the registrar, or his or her designee or other appropriate official, as the law may require, to identify the precinct to which a voter should be assigned; and
(g) Provide a procedure for phasing in or converting existing manual and computerized voter registration systems in counties to the Statewide Elections Management System.
(5) The Secretary of State established an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee included two (2) representatives from the Circuit Clerks Association, appointed by the association; two (2) representatives from the Election Commissioners Association of Mississippi, appointed by the association; one (1) member of the Mississippi Association of Supervisors, or its staff, appointed by the association; the Director of the Stennis Institute of Government at Mississippi State University, or his or her designee; the Executive Director of the Department of Information Technology Services, or his or her designee; two (2) persons knowledgeable about elections and information technology appointed by the Secretary of State; and the Secretary of State, who shall serve as the chair of the advisory committee.
(6) (a) Social security numbers, telephone numbers and date of birth and age information in statewide, district, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(b) Copies of statewide, district, county or municipal voter registration files, excluding social security numbers, telephone numbers and date of birth and age information, shall be provided to any person in accordance with the Mississippi Public Records Act of 1983 at a cost not to exceed the actual cost of production.
SECTION 65. Section 97-39-3, Mississippi Code of 1972, is brought forward as follows:
97-39-3. If any person shall fight a duel, or give or accept a challenge to fight a duel, or knowingly carry or deliver such challenge or the acceptance thereof, or be second to either party to any duel, whether such act be done in the state or out of it, or who shall go out of the state to fight a duel, or to assist in the same as second, or to send, accept, or carry a challenge, shall be disqualified from holding any office, be disenfranchised, and incapable of holding or being elected to any post of honor, profit or emolument, civil or military, under the constitution and laws of this state; and the appointment of any such person to office, as also all votes given to any such person, are illegal, and none of the votes given to such person for any office shall be taken or counted.
SECTION 66. Section 99-19-37, Mississippi Code of 1972, is brought forward as follows:
99-19-37. (1) Any person who has lost the right of suffrage by reason of conviction of crime and has not been pardoned therefrom, who thereafter served honorably in any branch of the Armed Forces of the United States during the periods of World War I or World War II as hereinafter defined and shall have received an honorable discharge, or release therefrom, shall by reason of such honorable service, have the full right of suffrage restored, provided, however, this does not apply to any one having an unfinished or suspended sentence.
(2) For the purposes of this section the period of World War I shall be from April 6, 1917 to December 1, 1918, and the period of World War II shall be from December 7, 1941 to December 31, 1946.
(3) In order to have restored, and to exercise, the right of franchise under the provisions of this section a person affected hereby shall have his discharge, or release, from the Armed Forces of the United States recorded in the office of the chancery clerk of the county in which such person desires to exercise the right of franchise and if such discharge, or release, appears to be an honorable discharge, or release, and shows such person to have served honorably during either of the periods stated in subsection (2) of this section such person shall have the full right of suffrage restored as though an act had been passed by the Legislature in accordance with Section 253 of the Constitution of the State of Mississippi restoring the right of suffrage to such person.
SECTION 67. (1) Any person who is qualified to register to vote in the State of Mississippi may register to vote when that person applies for the issuance, renewal or change of address of a motor vehicle driver's license or official identification card in the manner prescribed in this section.
(2) The Mississippi Department of Public Safety shall, with the support of the Secretary of State, obtain, as an integral and simultaneous part of every process of application for the issuance, renewal or change of address of a motor vehicle driver's license or official identification card pursuant to Sections 45-35-1 through 45-35-67, the following information from each applicant:
(a) Full name, including first, middle, last and any premarital names;
(b) Date of birth;
(c) Residence address and mailing address, if different;
(d) The applicant's electronic signature;
(e) Telephone number, if available;
(f) Email address, if available;
(g) Driver's license number and last four (4) digits of social security number;
(h) A written statement made under the penalty of perjury that the applicant:
(i) Is a citizen of the United States of America;
(ii) Is eighteen (18) years of age or older, or will be eighteen (18) years of age or older on or before the date of the general election and is duly registered to vote not less than thirty (30) days before the primary election associated with the general election;
(iii) Has resided in this state for thirty (30) days and for thirty (30) days in the county in which he or she seeks to vote, and for thirty (30) days in the incorporated municipality in which he or she seeks to vote;
(iv) Has been duly registered as an elector under Section 23-15-33; and
(v) Has never been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890;
(i) Whether the applicant affirmatively declined to become registered to vote during the transaction with the Mississippi Department of Public Safety;
(j) Date of application; and
(k) Any other information in the rules adopted by the Mississippi Department of Public Safety and the Secretary of State to implement this section.
(3) Unless the applicant affirmatively declines to become registered to vote or update his or her voter registration during the transaction with the Mississippi Department of Public Safety, the department shall release all of the information obtained pursuant to subsection (2) of this section to the Secretary of State, who shall forward the information to the county registrar of the applicant's county of residence to process the newly registered voter or update information for the already-registered voter pursuant to law. Notwithstanding any other provision of law, if the applicant affirmatively declines to become registered to vote, the Mississippi Department of Public Safety shall release the applicant's first name, middle name, last name, premarital name, if applicable, complete residence address, complete date of birth and electronic signature, which were entered in the department's records for driver's license or official identification card purposes, to the Secretary of State in order to facilitate any future attempt of the applicant to register to vote, along with the notation that the applicant affirmatively declined to become registered at that time. The Mississippi Department of Public Safety shall notify the applicant that by submitting his or her signature, the applicant grants written consent for the submission of the information obtained and required to be submitted to the Secretary of State pursuant to this section.
(4) Information regarding a person's failure to sign the voter registration application is confidential and may not be used for any purpose other than to determine voter registration.
(5) An application for voter registration submitted pursuant to the provisions of this section updates a previous voter registration by the applicant and authorizes the cancellation of registration in any other county or state in which the applicant was previously registered.
(6) A change of address from one (1) residence to another within the same county that is submitted for driver's license or official identification card purposes in accordance with applicable law serves as a notice of change of address for voter registration purposes if requested by the applicant after notice and written consent of the applicant.
(7) Completed applications for voter registration or change of address for voting purposes received by the Mississippi Department of Public Safety shall be forwarded to the Secretary of State within five (5) days of receipt. The Secretary of State shall file any forms that have not been signed by the applicant and shall forward completed, signed applications to the clerk of the appropriate county election commission within five (5) days of receipt.
(8) Voter registration application forms containing voter information which are returned to a driver's license office unsigned shall be collected by the Mississippi Department of Public Safety, submitted to the Secretary of State and maintained by the Secretary of State's office according to the retention policy for such records adopted by the Secretary of State.
(9) The Secretary of State shall establish procedures to protect the confidentiality of the information obtained from the Mississippi Department of Public Safety, including any information otherwise required to be confidential by other provisions of the law.
(10) A person registered to vote pursuant to this section may cancel his or her voter registration at any time by any method available to any other registered voter.
(11) A person who attempts to register to vote pursuant to this section may appeal a denial of his or her voter registration as provided in this chapter.
(12) This section shall not be construed as requiring the Mississippi Department of Public Safety to determine eligibility for voter registration and voting.
(13) A voter registration application completed pursuant to this section shall be a completed application for voter registration.
SECTION 68. Section 23-15-33, Mississippi Code of 1972, is amended as follows:
23-15-33. (1) Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his or her name on and properly completed the application for registration to vote shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
(2) Every person entitled to be registered as an elector in compliance with the laws of this state and who registers to vote pursuant to the National Voter Registration Act of 1993 shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
(3) Every person entitled to be registered as an elector in compliance with the laws of this state and who registers to vote pursuant to applicable law on automatic voter registration shall be registered by the registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
SECTION 69. Section 23-15-95, Mississippi Code of 1972, is amended as follows:
23-15-95. In addition to
the penalties set forth in Section 23-15-93, any applicant aggrieved by any
registrar * * *,
election commissioner or the Mississippi Department of Public Safety
because of their refusal or neglect to perform any of the duties prescribed by
this chapter regarding the registration of electors may petition the chancery
court of the county of the registrar or election commissioner for an injunction
or mandate to enforce the performance of such duties and to secure to that
applicant the rights to which he or she may be entitled under the provisions of
the sections.
SECTION 70. Section 63-1-19, Mississippi Code of 1972, is amended as follows:
63-1-19. (1) (a) Every
applicant for a license or permit issued pursuant to this article, or for renewal
of such license or permit, shall file an application for * * * the license, permit or renewal, on
a form provided by the Department of Public Safety, with the commissioner or an
official license examiner of the department. All persons not holding valid,
unexpired licenses issued in this state shall be required to secure an original
license, except those specifically exempted from licensing under Section 63-1-7.
In addition to the application requirements provided in applicable law on automatic
voter registration, the application shall state the name, date of birth,
the social security number of the applicant unless the applicant is not a
United States citizen and does not possess a social security number issued by
the United States government, sex, race, color of eyes, color of hair, weight,
height and residence address, and whether or not the applicant's privilege to
drive has been suspended or revoked at any time, and, if so, when, by whom, and
for what cause, and whether any previous application by him or her has
been denied, and whether he or she has any physical defects * * * that would interfere with his or
her operating a motor vehicle safely upon the highways.
(b) Every applicant for an original license shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which an applicant for an original license may show domicile in this state. Proof of domicile shall not be required of applicants under eighteen (18) years of age.
(c) Unless the
applicant is not a United States citizen and does not possess a social security
number issued by the United States government, each application or filing made
under this section shall include the social security number(s) of the applicant
in accordance with Section 93-11-64 * * *.
(2) No person who is
illegally in the United States or Mississippi shall be issued a license. The
application of a person who is not a United States citizen and who does not
possess a social security number issued by the United States government shall
state the name, date of birth, sex, race, color of eyes, color of hair, weight,
height and residence address, and whether or not the applicant's privilege to
drive has been suspended or revoked at any time, and, if so, when, by whom, and
for what cause, and whether any previous application by him or her has
been denied, and whether he or she has any physical defects * * * that would interfere with his or
her operating a motor vehicle safely upon the highways. The commissioner
shall adopt and promulgate such rules and regulations as he or she deems
appropriate requiring additional documents, materials, information or physical
evidence to be provided by the applicant as may be necessary to establish the
identity of the applicant and that the applicant is not present in the United
States or the State of Mississippi illegally.
(3) Whenever a person who has applied for or who has been issued a license or permit under this article moves from the address listed in the application or on the permit or license, or whenever the name of a licensee changes by marriage or otherwise, such person, within thirty (30) days thereafter, shall notify, in writing, the Department of Public Safety, Driver Services Division, and inform the department of his or her previous address and new address and of his or her former name and new name. The department shall not change the name of a licensee or permittee on his or her license or permit unless the applicant appears in person at an office of the department and provides a certified copy of his or her marriage license, court order, birth certificate or divorce decree changing the licensee's or permittee's name.
(4) (a) Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for a permit or license or a renewal of a permit or license under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.
(b) The department shall forward in an electronic format the necessary personal information of the applicant to the Selective Service System. The applicant's submission of the application shall serve as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration. The commissioner shall notify the applicant on, or as a part of, the application that his submission of the application will serve as his consent to registration with the Selective Service System, if so required. The commissioner also shall notify any male applicant under the age of eighteen (18) that he will be registered upon turning age eighteen (18) as required by federal law.
SECTION 71. This act shall take effect and be in force from and after July 1, 2022.
