Bill Text: MS SB2601 | 2015 | Regular Session | Introduced
Bill Title: Elections; authorize Internet voter registration and early voting.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-02-03 - Died In Committee [SB2601 Detail]
Download: Mississippi-2015-SB2601-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Accountability, Efficiency, Transparency; Elections
By: Senator(s) Blount, Wiggins
Senate Bill 2601
AN ACT TO AUTHORIZE PERSONS ELIGIBLE TO VOTE IN THIS STATE TO SUBMIT VOTER REGISTRATION APPLICATIONS THROUGH A SECURE INTERNET WEBSITE ESTABLISHED BY THE SECRETARY OF STATE; TO ALLOW PERSONS WHO ARE REGISTERED TO VOTE TO UPDATE THEIR VOTER REGISTRATION INFORMATION USING SUCH WEBSITE; TO PROVIDE THAT THE SECRETARY OF STATE SHALL FORWARD THE APPLICATION AND ANY ADDITIONAL INFORMATION RECEIVED TO THE REGISTRAR OF THE COUNTY IN WHICH THE APPLICANT CURRENTLY RESIDES; TO PROVIDE PROCEDURES BY WHICH THE COUNTY REGISTRAR SHALL PROCESS SUCH APPLICATIONS; TO AMEND SECTION 23-15-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AUTHORIZE A QUALIFIED ELECTOR TO VOTE EARLY NOT MORE THAN 21 DAYS NOR LESS THAN 5 DAYS BEFORE THE DATE OF AN ELECTION; TO PROVIDE THAT EARLY VOTING MAY BE CONDUCTED IN THE REGISTRAR'S OFFICE OR AT A LOCATION DESIGNATED BY THE BOARD OF SUPERVISORS; TO REQUIRE A PERSON WHO DESIRES TO VOTE EARLY TO APPEAR AT THE REGISTRAR'S OFFICE OR LOCATION DESIGNATED BY THE BOARD OF SUPERVISORS AND TO PROVIDE THAT AFTER SIGNING THE RECEIPT BOOK SUCH PERSON SHALL BE ENTITLED TO VOTE AT THE REGISTRAR'S OFFICE OR AT THE LOCATION DESIGNATED BY THE REGISTRAR DURING THE EARLY VOTING PERIOD IN THE SAME MANNER AS HE WOULD AT HIS VOTING PRECINCT ON THE DAY OF THE ELECTION; TO PROVIDE THAT THE ELECTION LAWS THAT GOVERN PROCEDURES FOR A PERSON WHO APPEARS TO VOTE ON THE DAY OF ELECTION SHALL APPLY WHEN A PERSON APPEARS TO VOTE DURING THE EARLY VOTING PERIOD; TO PROVIDE THAT ALL VOTES CAST DURING THE EARLY VOTING PERIOD SHALL BE FINAL; TO PROVIDE THAT THE VOTES CAST DURING EARLY VOTING SHALL BE ANNOUNCED SIMULTANEOUSLY WITH THE VOTE CAST ON ELECTION DAY; TO PROVIDE THAT EACH CANDIDATE SHALL HAVE THE RIGHT TO BE PRESENT AT THE REGISTRAR'S OFFICE AND TO CHALLENGE THE QUALIFICATIONS OF ANY PERSON OFFERING TO VOTE EARLY IN THE SAME MANNER AS PROVIDED BY LAW AT THE POLLING PLACE ON THE DAY OF THE ELECTION; TO REQUIRE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE EARLY VOTING; TO AMEND SECTIONS 23-15-195, 23-15-353 AND 23-15-653, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTIONS 23-15-627, 23-15-637, 23-15-641, 23-15-713 AND 23-15-715, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VOTERS MAY NOT CAST ABSENTEE BALLOTS AT THE OFFICE OF THE REGISTRAR DURING THE EARLY VOTING PERIOD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person may register to vote under this section if the person is eligible to register to vote under Section 23-15-11.
(2) A person described in subsection (1) of this section may submit a voter registration application to a county registrar using the procedures set forth in this section.
(3) (a) The Secretary of State shall 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:
(i) An application:
1. For registration as a first-time voter in Mississippi; or
2. To change the individual's name, address or other information set forth in the person's existing voter registration record; and
(ii) Information to establish that the applicant is eligible under this section to register online.
(4) (a) The Secretary of State shall forward the application and any additional information received to the registrar of the county in which the applicant currently resides. The Secretary of State shall use information supplied by the applicant to determine the county in which the applicant currently resides.
(b) Upon receipt of an application under this section, the county registrar shall verify the application by contacting the applicant by telephone, by personal contact with the applicant, or by any other method approved by the Secretary of State. Within twenty-five (25) days of receipt of the application, the county registrar shall complete action on the application, including any attempts to notify the applicant of the status of his application.
(c) If the application is a request to change the individual's name, address or other information in the person's voter registration record, the registrar shall make the requested changes.
(d) If the application is for registration as a voter, and if the county registrar determines that the applicant is qualified and his application is complete, he or she shall mail the applicant written notification that the application has been approved, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. The registration cards shall be provided by the county registrar. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: "DO NOT FORWARD". If any registration notification form is returned as undeliverable, the voter's registration shall be void.
(e) An application to register to vote shall be rejected for any of the following reasons:
(i) An incomplete portion of the application which makes it impossible for the registrar to determine the eligibility of the applicant to register;
(ii) The county registrar is unable to determine, from the address and information on the application, the precinct in which the voter should be assigned or the supervisor district in which he is entitled to vote;
(iii) The applicant is not qualified to register to vote pursuant to Section 23-15-11;
(iv) The registrar determines that the applicant is registered as a qualified elector of the county;
(v) The county registrar is unable to verify the application pursuant to paragraph (b) of this subsection.
(f) If the application of a person contains a defect or omission of such a minor nature that any necessary additional information may be supplied by the applicant over the telephone or by further correspondence, the registrar may write or call the applicant at the telephone number provided on the application. If the registrar is able to contact the applicant by mail or telephone, he or she shall attempt to ascertain the necessary information and if this information is sufficient for the registrar to complete the application, the applicant shall be registered. If the necessary information cannot be obtained by mail or telephone or is not sufficient, the registrar shall give the applicant written notice of the rejection and provide the reason for the rejection.
(5) If an applicant, in an application submitted by use of the secure Internet website established under this section, indicates that the applicant is currently registered at an address other than the address within the county in which the applicant currently resides, the Secretary of State shall provide a copy of the applicant's application to any county in Mississippi or any jurisdiction outside Mississippi in which the applicant states that the applicant currently is or may be registered to vote.
SECTION 2. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail or by online application under Section 1 of this act, shall be made upon a form established by rule duly adopted by the Secretary of State.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he is a resident and may take the application with him and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be his duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. No fee or cost shall be charged the applicant by the registrar for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read to the person the application and oath and the person's answers thereto shall be recorded by the registrar or his deputy. The person shall be registered as an elector if he otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) In any case in which a
municipality expands its corporate boundaries by annexation or redistricts all
or a part of the municipality, the municipal clerk shall within ten (10) days
after the effective date of the 
annexation or after preclearance of the
redistricting plan under Section 5 of the Voting Rights Act of 1965, provide
the county registrar with conforming geographic data that is compatible with
the Statewide Elections Management System. The data shall be developed by the
municipality's use of a standardized format specified by the Statewide
Elections Management System. The county registrar shall update the municipal
boundary information or redistricting information into the Statewide Elections
Management System. The Statewide Elections Management System shall update the
voter registration records to include the new municipal electors who have
resided within the annexed area for at least thirty (30) days after annexation
and assign the electors to the municipal voting precincts. The county
registrar shall forward to the municipal clerk written notification of the
additions and changes, and the municipal clerk shall forward to the new
municipal electors written notification of the additions and changes. The
Statewide Elections Management System shall correctly place municipal electors
within districts whose boundaries were altered by any redistricting conducted
within the municipality and assign such electors to the correct municipal
voting precincts.
SECTION 3. Sections 3 through 7 of this act shall be known and may be cited as the "Early Voting Act."
SECTION 4. (1) A qualified elector may vote early not more than twenty-one (21) days nor less than five (5) days before the date of an election in the office of the registrar or at any locations designated by the board of supervisors of the county in which the elector is registered to vote during the times established for early voting in this section.
(2) If only one (1) person has qualified for each office on the ballot, early voting shall not be conducted.
(3) Early voting shall be conducted at the office of the registrar during the following times:
(a) Weekdays from 8:00 a.m. until 5:00 p.m., except that the office of the registrar shall remain open until 7:00 p.m. the last two (2) days of the early voting period; and
(b) The Saturday immediately preceding the date of the election during the early voting period from 8:00 a.m. until 4:00 p.m.
(4) Notice of the early voting hours shall be given by the commissioners of election not less than twenty-five (25) days before the day of election by publication in a newspaper of general circulation in the county. If a state holiday occurs on any day in which early voting is allowed, the commissioners of election may authorize the closing of the office of the registrar or the designated location on such holiday by including a notice of such closure in the notice published pursuant to this subsection.
SECTION 5. (1) A person who desires to vote early shall appear at the office of the registrar or the location authorized by the board of supervisors for early voting. After signing the appropriate receipt book, the elector shall vote at the location in the same manner as he would at his voting precinct on the day of the election. Except as may be otherwise provided by Sections 3 through 7 of this act, the election laws that govern procedures for a person who appears to vote on the day of election shall apply when a person appears to vote during the early voting period.
(2) All votes cast at an early voting location shall be final.
(3) The votes cast during early voting shall be announced simultaneously with the vote cast on election day.
SECTION 6. Each candidate or his representatives shall have the right to be present at the office of the registrar or designated location when it is open for early voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law at the polling place on election day.
SECTION 7. The Secretary of State shall promulgate rules and regulations necessary to effectuate early voting.
SECTION 8. Section 23-15-195, Mississippi Code of 1972, is amended as follows:
23-15-195. All elections by
the people shall be by ballot * * *.
SECTION 9. Section 23-15-353, Mississippi Code of 1972, is amended as follows:
23-15-353. (1) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he shall have printed and distributed a sufficient number of ballots for use in each precinct. He shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall be printed in large, clear type, on "cards of instruction," and the officer shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the commissioners of election; and they may be used, if applicable, in subsequent elections.
(2) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the beginning of early voting, the number of ballots that the registrar desires for early voting.
SECTION 10. Section 23-15-653, Mississippi Code of 1972, is amended as follows:
23-15-653. Except as otherwise provided in Section 4 of this act, all registrars' offices shall remain open until noon on the two (2) Saturdays prior to each election.
SECTION 11. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his deputy in order to be utilized to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and
registered in the ___ Precinct of the County of _____, and State of Mississippi,
coming within the purview of the definition 'ABSENT ELECTOR' will be absent
from the county of my residence on election day
and all days upon which early voting may be conducted, or unable to vote
in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or I am the spouse or dependent of such veteran and I will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I will be outside the county on election day and all days upon which early voting may be conducted.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day and all days upon which early voting may be conducted.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation and will be absent from the county of my residence on election day and all days upon which early voting may be conducted.
( ) I am required to be at work on election day and all days upon which early voting may be conducted during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________ (if eligible to vote by mail).
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
________________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
____________________________________________
(Signature of person delivering application)
____________________________________________
(Address of person delivering application)"
SECTION 12. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. Absentee ballots
received by mail, except presidential ballots as provided for in Sections 23-15-731
and 23-15-733 and except as otherwise provided by Section 23-15-699, must be received
by the registrar by 5:00 p.m. on the date preceding the election; any received
after such time shall be handled as provided in Section 23-15-647 and shall not
be counted. All ballots cast by the absent elector appearing in person in the
office of the registrar shall be cast not later than * * * on the * * * day immediately preceding * * * the beginning of the
early voting period. The registrar shall deposit all absentee ballots
which have been timely cast in the ballot boxes upon receipt.
SECTION 13. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) If an
affidavit or the certificate of the officer before whom the affidavit is taken
is required and such affidavit or certificate is found to be insufficient, or
if it is found that the signatures do not correspond, or that the applicant is
not a duly qualified elector in the precinct, or otherwise qualified to vote,
or that the ballot envelope is open or has been opened and resealed, or the
voter is not eligible to vote absentee or that the voter is present and has
voted within the precinct where he represents himself to be a qualified
elector, or otherwise qualified to vote, on the date of the election at such
precinct or has voted early, the * * * vote cast by absentee
ballot shall not be allowed. Without opening the voter's envelope the
commissioners of election, designated executive committee members or election
managers, as appropriate, shall mark across its face "REJECTED", with
the reason therefor.
(2) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED", with the reason therefor. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope "REJECTED" giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.
(4) The ballots marked "REJECTED" shall be placed in a separate envelope in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county.
SECTION 14. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if he be one who falls within the following categories:
(a) Any qualified
elector who is a bona fide student, teacher or administrator at any college,
university, junior college, high, junior high, or elementary grade school whose
studies or employment at such institution necessitates his absence from the
county of his voting residence on the * * *
election day and all days upon which early voting may be conducted, or
the spouse and dependents of * * * the student, teacher or
administrator if * * *
the spouse or dependent(s) maintain a common domicile, outside of the
county of his voting residence, with * * * the student, teacher or
administrator.
(b) Any qualified
elector who is required to be away from his place of residence on any election
day and all days upon which early voting may be conducted due to his
employment as an employee of a member of the Mississippi congressional
delegation and the spouse and dependents of * * * the person if he or she shall be
residing with such absentee voter away from the county of the spouse's voting
residence.
(c) Any qualified elector who is away from his county of residence on election day and all days upon which early voting may be conducted for any reason.
(d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself or others, or whose attendance at the voting place could reasonably cause danger to himself or others.
(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his county of residence or more than fifty (50) miles distant from his residence, if the parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the
Mississippi congressional delegation absent from Mississippi on election day and
all days upon which early voting may be conducted, and the spouse and
dependents of * * *
the member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he is required to be at work on election day and all days upon which early voting may be conducted during the times at which the polls will be open.
SECTION 15. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:
(a) Not more than
forty-five (45) days nor later than * * * the * * * day immediately preceding * * *
the beginning
of the early voting period, he shall appear in person before the registrar
of the county in which he resides, or for municipal elections he shall appear
in person before the city clerk of the municipality in which he resides and,
when the elector so appears, he shall execute and file an application as
provided in Section 23-15-627 and vote by absentee ballot, except that if the
ballot has not been printed by forty-five (45) days preceding the election, the
elector may appear and file an application anytime before the election. Then
the absentee ballot shall be mailed by the circuit clerk to the elector as soon
as the ballot has been printed.
(b) Within forty-five
(45) days next prior to any election, any elector who cannot comply with
paragraph (a) of this section by reason of temporarily residing outside the
county, or any person who has a temporary or permanent physical disability,
persons who are sixty-five (65) years of age or older, or any person who is the
parent, spouse or dependent of a temporarily or permanently physically disabled
person who is hospitalized outside of his county of residence or more than
fifty (50) miles away from his residence and such parent, spouse or dependent
will be with such person on election day and all days upon which early
voting may be conducted, may make application for an absentee ballot by
mailing the appropriate application to the registrar. Only persons temporarily
residing out of the county of their residence, persons having a temporary or
permanent physical disability, persons who are sixty-five (65) years of age or
older, or any person who is the parent, spouse or dependent of a temporarily or
permanently physically disabled person who is hospitalized outside of his
county of residence or more than fifty (50) miles away from his residence, and
such parent, spouse or dependent will be with such person on election day and
all days upon which early voting may be conducted, may obtain absentee
ballots by mail under the provisions of this * * * paragraph and as provided by
Section 23-15-713. Applications of persons temporarily residing outside the
county shall be sworn to and subscribed before an official who is authorized to
administer oaths or other official authorized to witness absentee balloting as
provided in this chapter, said application to be accompanied by such verifying
affidavits as required by this chapter. The applications of persons having a
temporary or permanent physical disability shall not be required to be
accompanied by an affidavit but shall be witnessed and signed by a person
eighteen (18) years of age or older. The registrar shall send to such absent
voter a proper absentee voter ballot within twenty-four (24) hours, or as soon
thereafter as the ballots are available, containing the names of all candidates
who qualify or the proposition to be voted on in such election, and with such
ballot there shall be sent an official envelope containing upon it in printed
form the recitals and data hereinafter required.
SECTION 16. This act shall take effect and be in force from and after July 1, 2015.
