Bill Text: MS SB2655 | 2025 | Regular Session | Introduced
Bill Title: Voter registration; create proof of residency required for.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Elections [SB2655 Detail]
Download: Mississippi-2025-SB2655-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Elections
By: Senator(s) England
Senate Bill 2655
AN ACT TO CREATE NEW SECTION 23-15-51, MISSISSIPPI CODE OF 1972, TO REQUIRE INDIVIDUALS TO PROVIDE PROOF OF RESIDENCY WITH HIS OR HER VOTER REGISTRATION APPLICATION IF HE OR SHE IS NOT ELIGIBLE TO REGISTER USING THE FEDERAL POST CARD APPLICATION; TO PROVIDE WHAT CONSTITUTES PROOF OF RESIDENCY; TO AMEND SECTIONS 23-15-39 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 23-15-51, Mississippi Code of 1972:
23-15-51. (1) (a) Prior to any voter registration application being accepted, each applicant who registers in-person or by mail, and who is not eligible to register using a Federal Post Card Application under Section 23-15-677, shall provide an identifying document that establishes proof of residence under subsection (2) of this section. Any voter registration application that is not accompanied by a required identifying document shall be rejected after ten (10) days of receipt if the identifying documents are not submitted within the ten (10) day timeframe.
(b) An applicant who updates their voter registration information pursuant to Section 23-15-49 is not required to provide proof of residence under subsection (2) of this section, but he or she shall not be allowed to complete an update through the secure internet website if the new residential address entered on the secure internet website does not match the residential address on file with the Mississippi Department of Public Safety.
(2) (a) An identifying document used to establish proof of an applicant's residence as required by subsection (1) of this section, shall contain the information required under this subsection (2)(b) and is limited to one (1) of the following:
(i) A current and valid driver's license issued under Section 63-1-1 et seq.;
(ii) A current and valid identification card issued under Section 45-35-1 et seq.;
(iii) Any other official identification card or license issued by a Mississippi governmental body or unit;
(iv) An official identification card or license issued by an employer in the normal course of business that contains a photograph of the cardholder or license holder; however, this does not including a business card;
(v) A real property tax bill or receipt for the current year or the year preceding the date of the election;
(vi) A residential lease;
(vii) Any of the following documents without the address information specified in this subsection (2)(b):
1. A university, college or technical college identification card that contains a photograph of the cardholder together with a document issued to the cardholder by the university, college or technical college dated within six (6) months of registration stating the cardholder is a student residing at institution-provided housing; or
2. An identification card issued by a university, college or technical college that contains a photograph of the cardholder if the university, college or technical college that issued the card provides a certified and current list of students who reside in housing sponsored by the university, college or technical college and who are United States citizens to the registrar prior to the election showing the current address of the students and the registrar verifies that the student presenting the card is included on the list;
(viii) A utility bill for the period commencing not earlier than ninety (90) days before the day registration is made;
(ix) A bank statement;
(x) A paycheck;
(xi) A check or other document issued by a unit of government;
(xii) For an occupant of a residential care facility, for the purpose of registering at the facility, a contract or intake document prepared by the residential care facility specifying the occupant currently resides in the facility. The contract or intake document may also identify the room or unit in which the occupant resides; or
(xiii) An identification card issued by a federally recognized Indian tribe in this state.
(b) The identifying documents prescribed in subsection (a) of this section shall contain all of the following in order to be considered proof of residence:
(i) A current and complete name, including both the individuals given and family name;
(ii) A current and complete residential address, including a numbered street address, if any; and
(iii) Identifying documents specified in subsection (a) of this section which are valid for use during a specified period must be valid on the day that an elector makes application for registration in order to constitute proof of residence.
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, 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. When applicable, the applicant must provide proof of residency documentation in compliance with Section 23-15-51, in order for his or her voter registration application to be complete.
(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 an application for registration 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. 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 3. Section 23-15-47, Mississippi Code of 1972, is amended as follows:
23-15-47. (1) Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.
(2) The following procedure shall be used in the registration of electors by mail:
(a) Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his or her county registrar at least thirty (30) days before any election; 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 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. The postmark date of a mailed application shall be the applicant's date of registration.
(b) Upon receipt of a mail-in application, the county registrar shall stamp the application with the date of receipt, and shall verify the application either by matching the applicant's Mississippi driver's license number through the Mississippi Department of Public Safety or by matching the applicant's social security number through the American Association of Motor Vehicle Administrators. When applicable, the applicant must provide proof of residency documentation in compliance with Section 23-15-51, in order for his or her voter registration application to be complete. Within fourteen (14) days of receipt of a mail-in registration application, the county registrar shall complete action on the application, including any attempts to notify the applicant of the status of his or her application.
(c) If the county registrar determines that the applicant is qualified and his or her application is legible and complete, the county registrar shall mail the applicant written notification that the application has been approved, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. The registration card shall be provided by the county registrar to the applicant in accordance with Section 23-15-39. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the applicant. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: "DO NOT FORWARD". If any registration notification form is returned as undeliverable, the voter's registration shall be void.
(d) A mail-in application shall be rejected for any of the following reasons:
(i) An incomplete portion of the application makes it impossible for the registrar to determine the eligibility of the applicant to register;
(ii) A portion of the application is illegible in the opinion of the county registrar and makes it impossible to determine the eligibility of the applicant to register;
(iii) The county registrar is unable to determine, from the address and information stated on the application and supporting proof of residency documentation, the precinct in which the voter should be assigned or the supervisor district in which he or she is entitled to vote;
(iv) The applicant is not qualified to register to vote pursuant to Section 23-15-11;
(v) The county registrar determines that the applicant is already registered as a qualified elector of the county;
(vi) The county registrar is unable to verify the application pursuant to subsection (2)(b) of this section.
(e) If the mail-in application of a person is subject to rejection for any of the reasons set forth in paragraph (d)(i) through (iii) of this subsection, and it appears to the county registrar that the defect or omission is of such a minor nature and that any necessary additional information may be supplied by the applicant over the telephone or by further correspondence, the county registrar may write or call the applicant at the telephone number or address, or both, provided on the application. If the county registrar is able to contact the applicant by mail or telephone, the county registrar shall attempt to ascertain the necessary information, and if this information is sufficient for the registrar to complete the application, the applicant shall be registered. If the necessary information cannot be obtained by mail or telephone, or is not sufficient to complete the application within fourteen (14) days of receipt, the county registrar shall give the applicant written notice of the rejection and provide the reason for the rejection. The county registrar shall further inform the applicant that he or she has a right to attempt to register by appearing in person or by filing another mail-in application.
(f) If a mail-in application is subject to rejection for the reason stated in paragraph (d)(v) of this subsection and the "present home address" portion of the application is different from the residence address for the applicant found in the Statewide Elections Management System, the mail-in application shall be deemed a written request to update the voter's registration pursuant to Section 23-15-13. The county registrar or the election commissioners shall update the voter's residence address in the Statewide Elections Management System and, if necessary, advise the voter of a change in the location of his or her county or municipal polling place by mailing the voter a new voter registration card.
(3) The instructions and the application form for voter registration by mail shall be in a form established by rule duly adopted by the Secretary of State.
(4) (a) The Secretary of State shall prepare and furnish without charge the necessary forms for application for voter registration by mail to each county registrar, municipal clerk, all public schools, each private school that requests such applications, and all public libraries.
(b) The Secretary of State shall distribute without charge sufficient forms for application for voter registration by mail to the Commissioner of Public Safety, who shall distribute the forms to each driver's license examining and renewal station in the state, and shall ensure that the forms are regularly available to the public at such stations.
(c) Bulk quantities of forms for application for voter registration by mail shall be furnished by the Secretary of State to any person or organization. The Secretary of State shall charge a person or organization the actual cost he or she incurs in providing bulk quantities of forms for application for voter registration to such person or organization.
(5) The originals of completed mail-in applications shall remain on file in the office of the county registrar with copies retained in the Statewide Elections Management System.
(6) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall enter the information into the Statewide Elections Management System.
(7) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided through 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.
(8) Any person who attempts to register to vote by mail shall be subject to the penalties for false registration provided for in Section 23-15-17.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
