Bill Text: MS SB2579 | 2024 | Regular Session | Engrossed
Bill Title: Absentee ballots; change receipt deadline.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2024-04-02 - Died In Committee [SB2579 Detail]
Download: Mississippi-2024-SB2579-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Elections
By: Senator(s) England, Tate
Senate Bill 2579
(As Passed the Senate)
AN ACT TO AMEND SECTION 23-15-631, MISSISSIPPI CODE OF 1972, TO REQUIRE MAIL-IN BALLOTS BE RECEIVED BY MAIL OR COMMON CARRIER NO LATER THAN 7:00 PM ON THE DAY OF AN ELECTION; TO AMEND SECTION 23-15-637, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-639, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT MAIL-IN BALLOTS BE ANNOUNCED BY THE RESOLUTION BOARD; TO AMEND SECTIONS 23-15-651 AND 23-15-721, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-697, MISSISSIPPI CODE OF 1972, TO PROHIBIT RETURNING MAIL-IN BALLOTS USING ANY METHOD OTHER THAN BY MAIL OR COMMON CARRIER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-631, Mississippi Code of 1972, is amended as follows:
23-15-631. (1) The registrar shall enclose with each ballot mailed to an absent elector separate printed instructions furnished by the registrar containing the following:
(a) All absentee voters, excepting those with temporary or permanent physical disabilities or those who are sixty-five (65) years of age or older, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. The absentee voter shall come to the office of the registrar and neither the registrar nor his or her deputy shall be required to go out of the registrar's office to serve as an attesting witness.
(b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions.
(c) After marking the
ballot, fill out and sign the "ELECTOR'S CERTIFICATE" on the back of
the envelope so that the signature is across the flap of the envelope to ensure
the integrity of the ballot. All absent electors shall have the attesting
witness sign the "ATTESTING WITNESS CERTIFICATE" across the flap on
the back of the envelope. Place the necessary postage on the envelope and
deposit it in the post office or some government receptacle provided for the
deposit of mail so that the absent elector's ballot will be * * *
received by the registrar * * * no more than five (5) business days after the election not
later than 7:00 p.m. on the day of the election. The ballot may only be transmitted
by the United States Postal Service or other common carriers, including, but not
limited to, United Parcel Service or FedEx Corporation.
Any notary public, United
States postmaster, assistant United States postmaster, United States postal
supervisor, clerk in charge of a contract postal station * * * or other officer having authority to administer
an oath or take an acknowledgment may be an attesting witness; provided, however,
that in the case of an absent elector who is temporarily or permanently
physically disabled, the attesting witness may be any person eighteen (18)
years of age or older and such person is not required to have the authority to
administer an oath. If a postmaster, assistant postmaster, postal supervisor * * * or clerk in charge of a contract postal
station acts as an attesting witness, his or her signature on the elector's
certificate must be authenticated by the cancellation stamp of their respective
post offices. If an officer having authority to administer an oath or take an * * *
acknowledgment acts as attesting witness, his or her signature on the
elector's certificate, together with his or her title and address, but no seal,
shall be required. Any affidavits made by an absent elector who is in the
Armed Forces may be executed before a commissioned officer, warrant officer * * * or noncommissioned officer not lower in grade
than sergeant rating or any person authorized to administer oaths.
(d) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate preaddressed envelope provided by the registrar.
(e) A candidate for public office, or the spouse, parent or child of a candidate for public office, may not be an attesting witness for any absentee ballot upon which the candidate's name appears, unless the voter is related within the first degree to the candidate or the spouse, parent or child of the candidate.
(f) Any voter casting an absentee ballot who declares that he or she requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his or her absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, the spouse, parent or child of a candidate whose name appears on the absentee ballot being marked or the voter's employer, an agent of that employer or a union representative; however, a candidate whose name is on the ballot or the spouse, parent or child of such candidate may provide assistance upon request to any voter who is related within the first degree. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope.
(2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar.
(3) The Secretary of State shall prepare instructions on how absent voters may comply with the identification requirements of Section 23-15-563.
SECTION 2. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. (1) (a)
Absentee ballots and applications received by mail, * * * or common carrier, such as United Parcel Service
or FedEx Corporation, must be * * *
received by the registrar * * * not later than 7:00 p.m. the day of the election;
any received after such time shall be handled as provided in Section 23-15-647
and shall not be counted.
(b) All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast with an absentee paper ballot and deposited into a sealed ballot box by the voter, not later than 12:00 noon, or 5:00 p.m. during the year 2020 on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days. At the close of business each day at the office of the registrar, the ballot box used shall be sealed and not unsealed until the beginning of the next business day, and the seal number shall be recorded with the number of ballots cast which shall be stored in a secure location in the registrar's office.
(2) The registrar shall deposit all absentee ballots which have been timely cast and received by mail in a secured and sealed box in a designated location in the registrar's office upon receipt. The registrar shall not send any absentee ballots to the precinct polling locations.
(3) The Secretary of State shall promulgate rules and regulations necessary to ensure that when a qualified elector who is qualified to vote absentee votes by absentee ballot, either by mail or in person with a regular paper ballot, that person's absentee vote is final and he or she may not vote at the polling place on election day. Notwithstanding any other provisions of law to the contrary, the Secretary of State shall promulgate rules and regulations necessary to ensure that absentee ballots shall remain in the registrar's office for counting and not be taken to the precincts on election day.
SECTION 3. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) The examination and counting of all absentee ballots shall be conducted as follows:
(a) At the opening of
the regular balloting and at the opening of the polls, the Resolution Board
established under Section 23-15-523 and trained in the process of canvassing
absentee ballots shall first take the envelopes containing the absentee ballots
of such electors from the secure location at the circuit clerk's office, and
the name, address and precinct inscribed on each envelope shall be announced by
the * * *
Resolution Board.
(b) The signature on
the application shall then be compared with the signature on the back of the
envelope. If it corresponds and the affidavit, if one (1) is required,
is sufficient and the resolution board * * * finds that the applicant is a
registered and qualified voter or otherwise qualified to vote, the envelope
shall then be opened and the ballot removed from the envelope, without its
being unfolded, or permitted to be unfolded or examined.
(c) Having observed
and found the ballot to be regular as far as can be observed from its official
endorsement, the resolution board shall deposit it in the ballot box with the
other ballots before counting any ballots and enter the voter's name in the
receipt book provided for that purpose. All absentee ballots received prior to
7:00 p.m. the day * * * of the election shall be counted in the registrar's
office by the resolution board when the polls close and then added to the votes
cast in each precinct. * * *
(2) The resolution board shall also take such action as may be prescribed by the Secretary of State to ensure compliance with the identification requirements of Section 23-15-563.
(3) The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.
SECTION 4. Section 23-15-651, Mississippi Code of 1972, is amended as follows:
23-15-651. The results of
the vote by absentee balloting shall be announced simultaneously with the vote
cast on election day * * *.
SECTION 5. Section 23-15-721, Mississippi Code of 1972, is amended as follows:
23-15-721. (1) Absentee ballots requested under the provisions of Section 23-15-715 for electors temporarily residing outside the county of residence shall be mailed to the elector's address outside of the county in which he or she is registered, and such electors shall appear before any official authorized to administer oaths or other official authorized to witness absentee balloting as provided in this article. The elector shall exhibit to such official his or her absentee ballot unmarked and thereupon proceed in secret to fill in the ballot. After the elector has properly marked the ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her. After the elector has sealed the envelope he or she shall deliver it to the official before whom he or she is appearing and shall subscribe and swear to the elector's certificate provided for in Section 23-15-635, which affidavit shall be printed on the back of the envelope as provided for in Section 23-15-635 containing the elector's ballot.
(2) Electors who are temporarily or permanently physically disabled shall sign the elector's certificate and the certificate of attesting witness shall be signed by any person eighteen (18) years of age or older.
(3) After the completion of
the requirements of this section, the elector shall mail the envelope containing
the ballot to the registrar in the county wherein the elector is qualified to
vote. * * * Absentee ballots must be received by the
registrar not later than 7:00 p.m. on the day of the election.
SECTION 6. Section 23-15-697, Mississippi Code of 1972, is amended as follows:
23-15-697. When the absentee ballot has been voted and the envelope sealed, signed and certified to as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar.
Hand-delivery of ballots to a voter or from a voter shall be prohibited, and the use of drop boxes or other mechanisms to submit a completed absentee ballot other than by mail or common carrier, shall be prohibited.
SECTION 7. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
