Bill Text: MS SB2198 | 2018 | Regular Session | Introduced
Bill Title: Elections; revise procedure for examining certain records and for filing certain election contests.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2198 Detail]
Download: Mississippi-2018-SB2198-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Elections
By: Senator(s) Watson
Senate Bill 2198
AN ACT TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROCEDURE FOR THE EXAMINATION OF BALLOT BOXES AND OTHER ELECTION RECORDS; TO AMEND SECTIONS 23-15-921 AND 23-15-923, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CANDIDATE MUST FILE A PETITION TO CONTEST AN ELECTION WITHIN A CERTAIN NUMBER OF DAYS AFTER CERTIFICATION OF THE ELECTION RESULTS BY THE COUNTY OR STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 23-15-591, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE MARKED POLLBOOK BE INCLUDED IN THE BALLOT BOX; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) (a) When
the returns for a box and the contents of the ballot box and the conduct of the
election have been canvassed and reviewed by the county election commission in
the case of general elections or the county executive committee in the case of
primary elections, all the contents of the box required to be placed and sealed
in the ballot box by the poll managers shall be replaced therein by the
election commission or executive committee, as the case may be, and the box
shall be forthwith resealed and delivered to the circuit clerk, who shall
safely keep and secure the same against any tampering. * * *
(2) Any candidate or
his or her representative authorized in writing by him or her shall have the
right of full examination of the * * * ballot box, its
contents, marked pollbooks, voting machines and any other document used to
record the election results or proceedings upon three (3) days' notice of
his or her application therefor. Notice must be served upon the circuit
clerk and any opposing candidates as provided in this subsection.
(a) The service of notice shall be personally delivered to the circuit clerk.
(b) The service of notice shall be provided to each opposing candidate by delivering a copy personally to each candidate, or by performing two (2) of the following:
(i) By leaving a copy at each candidate's usual place of residence with a family member, who shall be no less than sixteen (16) years of age and, who resides in the candidate's residence;
(ii) By email or other electronic means, with receipt deemed upon transmission; or
(iii) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at that candidate's residence with receipt deemed mailing.
( * * *c) If service of notice cannot be made
to any opposing candidate, then notice may be posted on the door of each
candidate's usual place of abode. If any candidate's usual place of residence
is a multi-family dwelling, a copy of the notice must be mailed to the
candidate or candidates by United States first-class mail, postage prepaid,
return receipt requested. Proof of service of notice upon any opposing
candidate shall be made to the circuit clerk within three (3) days before a
full examination of the ballot box may be conducted.
(3) A candidate or his authorized representative must exercise the right of examination within the applicable period of time after certification of the election results by the election commission or executive committee, as the case may be, as follows:
(a) In the case of an election for any county, county district or single county legislative office, at any time within ten (10) days after certification of the election results;
(b) In the case of an election for any state district or multicounty legislative office, at any time within fourteen (14) days after certification of the election results; or
(c) In the case of an election for any statewide office, at any time within twenty one (21) days after certification of the election results;
( * * *4) The examination of election
records under this section shall not be governed by the Mississippi Public
Records Act but shall be conducted in the presence of the circuit clerk or
his or her deputy who shall be charged with the duty to see that none of the
contents of the ballot box or other election records are removed
from the presence of the clerk or in any way tampered with. Upon the
completion of the examination the box shall be resealed with all its original
contents inside. And if any contest or complaint before the court shall arise
over the box, it shall be kept intact and sealed until the court hearing and
another ballot box, if necessary, shall be furnished for the precinct involved.
( * * *5) The provisions of this section
allowing the examination of ballot boxes, pollbooks and other election
records shall apply in the case of an election contest regarding the seat
of a member of the state Legislature. In such a case, the results of the
examination shall be reported by the applicable circuit clerk to the Clerk of
the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 2. Section 23-15-921, Mississippi Code of 1972, is amended as follows:
23-15-921. Except as
otherwise provided by Section 23-15-961, a person desiring to contest the
election of another person returned as the nominee of the party to any * * * county,
county district or single county legislative office, may, within twenty
(20) days after certification of the primary election results by the
county executive committee, file a petition with the secretary, or any
member of the county executive committee in the county in which the election
was held, setting forth the grounds upon which the primary election is
contested; and it shall be the duty of the executive committee to assemble by
call of the chairman or three (3) members of said committee, notice of which
contest shall be served five (5) days before said meeting, and after notifying
all parties concerned proceed to investigate the grounds upon which the
election is contested and, by majority vote of members present, declare the
true results of such primary.
SECTION 3. Section 23-15-923, Mississippi Code of 1972, is amended as follows:
23-15-923. (1)
Except as otherwise provided in Section 23-15-961, a person desiring to contest
the election of another returned as the nominee in * * * any state district or
multicounty legislative office, may, within thirty (30) days after
certification of the election results by the State Executive Committee, file a
petition with the Chairman of the State Executive Committee * * * reciting the grounds upon which
the election is contested. If necessary and with the advice of four (4)
members of said committee, the chairman shall issue his fiat to the chairman of
the appropriate county executive committee, and in like manner as in the county
office, the county committee shall investigate the complaint and return their
findings to the Chairman of the State Executive Committee. The State
Executive Committee by majority vote of members present shall declare the true
results of such primary within ten (10) days after the petition is filed.
(2) Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee to any statewide office, may, within forty (40) days after certification of the election results by the State Executive Committee, file a petition with the Chairman of the State Executive Committee reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the Chairman of the State Executive Committee. The State Executive Committee by majority vote of members present shall declare the true results of such primary within ten (10) days after the petition is filed.
SECTION 4. Section 23-15-591, Mississippi Code of 1972, is amended as follows:
23-15-591. When the votes have been completely and correctly counted and tallied by the poll managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the result, the certificate to be signed by the poll managers, one (1) of the certificates to be enclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the poll managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally of the votes have been completed, the poll managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall also be enclosed one (1) of the duplicate receipts given by the poll manager who received the blank ballots received for that box; and the total ballots voted, and the spoiled ballots, and the unused ballots must correspond in total with the duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the poll managers, which statement must be enclosed in the ballot box. There shall also be enclosed in the box the tally list, the receipt book containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in the receipt book. There shall also be enclosed in the box the record of votes from all voting machines used in the precinct and the original marked pollbook, and the number of ballots voted must correspond with the number of names that have been marked "VOTED" in the pollbook.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.
