Bill Text: MS SB2580 | 2016 | Regular Session | Comm Sub
Bill Title: Election Code; make technical changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-03 - Died On Calendar [SB2580 Detail]
Download: Mississippi-2016-SB2580-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections
By: Senator(s) Doty
Senate Bill 2580
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTIONS 23-15-3, 23-15-5 AND 23-15-7, MISSISSIPPI CODE OF 1972, TO REVISE THE GENERAL PROVISIONS; TO AMEND SECTION 23-15-13, 23-15-15 AND 23-15-19, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS THAT REGULATE THE QUALIFICATIONS OF ELECTORS; TO AMEND SECTION 23-15-31, 23-15-33, 23-15-35, 23-15-37, 23-15-39, 23-15-41, 23-15-43, 23-15-45 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURES FOR REGISTERING TO VOTE; TO AMEND SECTIONS 23-15-61, 23-15-63, 23-15-65, 23-15-67, 23-15-69, 23-15-71, 23-15-73, 23-15-75, 23-15-77 AND 23-15-79, MISSISSIPPI CODE OF 1972, TO REVISE THE APPEAL PROCEDURE FOR A PERSON WHO HAS BEEN DENIED REGISTRATION; TO AMEND SECTION 23-15-95, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS REGARDING THE LIABILITY OF THE REGISTRAR; TO AMEND SECTIONS 23-15-111, 23-15-113, 23-15-115, 23-15-117, 23-15-119, 23-15-121, 23-15-123, 23-15-125, 23-15-127, 23-15-129, 23-15-133, 23-15-135 AND 23-15-137, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR MAINTAINING REGISTRATION RECORDS; TO AMEND SECTIONS 23-15-151, 23-15-153, 23-15-160 AND 23-15-161, MISSISSIPPI CODE OF 1972, TO REVISE THE PURGING OF CERTAIN ELECTOR RECORDS; TO AMEND SECTIONS 23-15-163, 23-15-165 AND 23-15-167, MISSISSIPPI CODE OF 1972, TO REVISE THE STATEWIDE CENTRALIZED VOTER SYSTEM; TO AMEND SECTIONS 23-15-169, 23-15-169.1, 23-15-169.2, 23-15-169.3, 23-15-169.4, 23-15-169.5, 23-15-169.6 AND 23-15-169.7, MISSISSIPPI CODE OF 1972, TO REVISE THE TASK FORCE AND HELP MISSISSIPPI VOTE FUND; TO AMEND SECTIONS 23-15-171 AND 23-15-173, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR HOLDING PRIMARY AND GENERAL MUNICIPAL ELECTIONS; TO AMEND SECTIONS 23-15-191, 23-15-193, 23-15-195 AND 23-15-197, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR HOLDING OTHER ELECTIONS; TO AMEND SECTIONS 23-15-211, 23-15-213, 23-15-215, 23-15-217, 23-15-219, 23-15-221, 23-15-223, 23-15-225, 23-15-227, 23-15-229, 23-15-231, 23-15-233, 23-15-235, 23-15-237, 23-15-239, 23-15-240, 23-15-241, 23-15-243, 23-15-245, 23-15-247, 23-15-249, 23-15-251, 23-15-253, 23-15-255, 23-15-259, 23-15-261, 23-15-265, 23-15-267 AND 23-15-271, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR ELECTION OFFICIALS; TO AMEND SECTIONS 23-15-281 AND 23-15-283, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR SUPERVISOR DISTRICTS AND VOTING PRECINCTS; TO AMEND SECTIONS 23-15-293, 23-15-296, 23-15-299, 23-15-303, 23-15-307, 23-15-309 AND 23-15-311, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR NOMINATIONS IN PRIMARY ELECTIONS; TO AMEND SECTIONS 23-15-333, 23-15-351, 23-15-353, 23-15-355, 23-15-359, 23-15-361, 23-15-365, 23-15-367, 23-15-369, 23-15-371, 23-15-373 AND 23-15-375, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR BALLOTS; TO AMEND SECTIONS 23-15-391, 23-15-503, 23-15-505, 23-15-507, 23-15-511, 23-15-513, 23-15-515, 23-15-517, 23-15-519, 23-15-521, 23-15-523 AND 23-15-525, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR OPTICAL MARK READING EQUIPMENT; TO AMEND SECTIONS 23-15-531, 23-15-531.1, 23-15-531.2, 23-15-531.3, 23-15-531.4, 23-15-531.5, 23-15-531.6, 23-15-531.7, 23-15-531.8, 23-15-531.9, 23-15-531.10, 23-15-531.11, 23-15-531.12 AND 23-15-531.13, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT; TO AMEND SECTIONS 23-15-541, 23-15-543, 23-15-547, 23-15-551, 23-15-553, 23-15-561 AND 23-15-563, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR THE CONDUCT OF ELECTIONS; TO AMEND SECTIONS 23-15-571, 23-15-573, 23-15-574, 23-15-575, 23-15-577, 23-15-579 AND 23-15-581, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS REGARDING AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS; TO AMEND SECTIONS 23-15-591, 23-15-593, 23-15-595, 23-15-597, 23-15-599, 23-15-600, 23-15-601, 23-15-603, 23-15-605, 23-15-607, 23-15-609, 23-15-611 AND 23-15-613, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS THAT ARE USED TO DETERMINE THE RESULTS OF ELECTIONS; TO AMEND SECTIONS 23-15-801, 23-15-803, 23-15-805, 23-15-807, 23-15-809, 23-15-811, 23-15-813, 23-15-815 AND 23-15-817, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS THAT REGULATE THE DISCLOSURE OF CAMPAIGN FINANCES; TO CREATE NEW SECTION 23-15-819, MISSISSIPPI CODE OF 1972, TO REGULATE THE RECEIPT OF CAMPAIGN FUNDS FROM A FOREIGN NATIONAL; TO AMEND SECTIONS 23-15-831, 23-15-832, 23-15-833, 23-15-835, 23-15-837, 23-15-839, 23-15-841, 23-15-843, 23-15-849, 23-15-851, 23-15-853, 23-15-855, 23-15-857 AND 23-15-859, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR VACANCIES IN OFFICE; TO AMEND SECTIONS 23-15-873, 23-15-874, 23-15-875, 23-15-881, 23-15-891, 23-15-895, 23-15-897, 23-15-899, 23-15-901, 23-15-903 AND 23-15-905, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR REGULATIONS OF ELECTIONS; TO AMEND SECTIONS 23-15-911 AND 23-15-913, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR ELECTION CONTESTS IN GENERAL; TO AMEND SECTIONS 23-15-921, 23-15-923, 23-15-925, 23-15-927, 23-15-929, 23-15-931, 23-15-933, 23-15-935, 23-15-937, 23-15-939 AND 23-15-941, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR PRIMARY ELECTION CONTESTS; TO AMEND SECTIONS 23-15-951, 23-15-953, 23-15-955 AND 23-15-957, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR CONTESTS OF OTHER ELECTIONS; TO AMEND SECTIONS 23-15-961 AND 23-15-963, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR CONTESTING THE QUALIFICATIONS OF CANDIDATES; TO AMEND SECTIONS 23-15-973, 23-15-974, 23-15-975, 23-15-976, 23-15-977, 23-15-977.1, 23-15-978, 23-15-979, 23-15-980, 23-15-981 AND 23-15-985, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS REGARDING JUDICIAL OFFICES; TO AMEND SECTIONS 23-15-991 AND 23-15-993, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR SUPREME COURT JUDGESHIPS; TO CREATE NEW SECTION 23-15-994, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTIONS OF COURT OF APPEAL JUDGES; TO BRING FORWARD SECTION 23-15-995, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 23-15-1011, 23-15-1015, 23-15-1021, 23-15-1023 AND 23-15-1025, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 23-15-1031, 23-15-1033, 23-15-1035, 23-15-1037, 23-15-1039 AND 23-15-1041, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR MEMBERS OF CONGRESS; TO AMEND SECTIONS 23-15-1051, 23-15-1053, 23-15-1054, 23-15-1055, 23-15-1057, 23-15-1059, 23-15-1061, 23-15-1063, 23-15-1065, 23-15-1067 AND 23-15-1069, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR POLITICAL PARTIES; TO AMEND SECTIONS 23-15-1081, 23-15-1083, 23-15-1085 AND 23-15-1087, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS FOR PRESIDENTIAL PREFERENCE PRIMARY AND DELEGATE SELECTION; TO BRING FORWARD SECTIONS 23-15-1089, 23-15-1091, 23-15-1093, 23-15-1095, 23-15-1097, 23-15-11, 23-15-17, 23-15-21, 23-15-43, 23-15-45, 23-15-69, 23-15-71, 23-15-73, 23-15-75, 23-15-77, 23-15-91, 23-15-93, 23-15-115, 23-15-117, 23-15-135, 23-15-169, 23-15-169.2, 23-15-169.3, 23-15-169.4, 23-15-169.5, 23-15-173, 23-15-193, 23-15-195, 23-15-211.1, 23-15-212, 23-15-257, 23-15-263, 23-15-266, 23-15-269, 23-15-285, 23-15-291, 23-15-295, 23-15-297, 23-15-301, 23-15-305, 23-15-313, 23-15-315, 23-15-317, 23-15-319, 23-15-331, 23-15-335, 23-15-357, 23-15-363, 7-3-39, 23-15-771, 23-15-781, 23-15-783, 23-15-785, 23-15-787, 23-15-789, 23-15-791, 23-15-393, 23-15-401, 23-15-403, 23-15-405, 23-15-407, 23-15-409, 23-15-411, 23-15-413, 23-15-415, 23-15-417, 23-15-419, 23-15-421, 23-15-423, 23-15-425, 23-15-427, 23-15-429, 23-15-431, 23-15-433, 23-15-435, 23-15-437, 23-15-439, 23-15-441, 23-15-443, 23-15-445, 23-15-447, 23-15-449, 23-15-451, 23-15-461, 23-15-463, 23-15-465, 23-15-467, 23-15-469, 23-15-471, 23-15-473, 23-15-475, 23-15-477, 23-15-479, 23-15-481, 23-15-483, 23-15-485, 23-15-501, 23-15-509, 23-15-531.2, 23-15-531.7, 23-15-531.8, 23-15-531.11, 23-15-531.13, 23-15-545, 23-15-549, 23-15-555, 23-15-557, 23-15-559, 23-15-621, 23-15-623, 23-15-625, 23-15-627, 23-15-629, 23-15-631, 23-15-633, 23-15-635, 23-15-637, 23-15-639, 23-15-641, 23-15-643, 23-15-645, 23-15-647, 23-15-649, 23-15-651, 23-15-653, 23-15-657, 23-15-671, 23-15-673, 23-15-675, 23-15-677, 23-15-679, 23-15-681, 23-15-683, 23-15-685, 23-15-687, 23-15-691, 23-15-692, 23-15-693, 23-15-697, 23-15-699, 23-15-701, 23-15-711, 23-15-713, 23-15-715, 23-15-717, 23-15-719, 23-15-721, 23-15-731, 23-15-733, 23-15-735, 23-15-751, 23-15-753, 23-15-755, 23-15-841, 23-15-871, 23-15-877, 23-15-879, 23-15-883, 23-15-885, 23-15-887, 23-15-889, 23-15-893, 23-15-897, 23-15-899, 23-15-653, 23-15-717, 23-15-111, 23-15-119, 23-15-127, 23-15-129, 23-15-133, 23-15-137, 23-15-160, 23-15-167, 23-15-169.6, 23-15-212, 21-3-1, 21-3-3, 21-5-21, 21-8-31, 21-9-17, 21-9-19, 21-9-65, 21-9-67, 21-9-71, 37-5-9, 37-5-19, 37-5-63, 37-5-68, 37-5-7, 37-7-217, 37-7-219, 37-7-225, 37-7-711, 37-7-713, 37-65-123, 65-1-3, 77-5-113, 77-5-115, 37-7-227, 37-7-229, 21-1-51, 21-17-11, 21-17-5, 21-1-43, 21-5-1, 21-5-5, 21-5-3, 21-7-7, 21-7-5, 21-9-69, 21-9-15, 21-9-59, 21-9-3, 21-9-11, 21-9-13, 21-3-7, 21-8-3, 21-8-5, 21-8-7, 21-8-45, 9-4-5, 9-4-15, 37-5-67 AND 23-15-1111, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO REPEAL SECTIONS 23-15-111 THROUGH 23-15-1111, MISSISSIPPI CODE OF 1972, WHICH COMPRISE THE MISSISSIPPI ELECTION CODE ADOPTED IN 1985; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-3, Mississippi Code of 1972, is amended as follows:
23-15-3.
For purposes of this chapter, the term "ballot box" includes any
ballot bag or other container of a type that has been approved for use
in elections by the Secretary of State, capable of receiving voted paper
ballots. Such ballot bags or containers may be used for any purpose for
which a ballot box may be used under the provisions of law regulating elections
in Mississippi or any other purpose authorized by the rules and regulations
adopted by the Secretary of State. * * *
SECTION 2. Section 23-15-5, Mississippi Code of 1972, is amended as follows:
23-15-5. (1) There is created in the State Treasury a special fund to be known as the Elections Support Fund. Monies derived from annual report fees imposed upon limited liability companies under Section 79-29-1203 shall be deposited into the Elections Support Fund. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be disbursed as provided in subsection (2) of this section. The expenditure of monies in the fund shall be under the direction of the Secretary of State as provided by subsection (2) of this section, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration.
(2) (a) Monies in the fund shall be used as follows:
(i) Fifty percent (50%) of the monies in the special fund shall be distributed annually to the counties, based on the proportion that the population of a county bears to the total population in all counties of the state population according to the most recent information from the United States Census Bureau, solely for the purpose of acquiring, upgrading, maintaining or repairing voting equipment, systems and supplies, hiring temporary technical support, conducting elections using such voting equipment or systems, employing such personnel to conduct an election, and training election officials; and
(ii)
The remaining fifty percent (50%) of the monies in the special fund shall be
allocated annually to the Secretary of State and expended for the purpose of upgrading,
maintaining * * * or equipping the Statewide Elections Management System,
and acquiring, upgrading or maintaining any other election-related site or
system or providing technical training to election officials.
(b) The Secretary of State shall create standard training guidelines to assist counties in training election officials with the funds authorized under subsection (2)(a)(ii) of this section. Any criteria established by the Secretary of State for the purposes of this section shall be used in addition to any other training or coursework prescribed by the Secretary of State to train circuit clerks, poll managers and any other election officials participating in county elections.
(c) Notwithstanding any other provision of law, no monies from the Elections Support Fund shall be used by the Secretary of State or any person associated with the Office of the Secretary of State to provide or otherwise support expert testimony in any manner for any hearing, trial or election contest.
SECTION 3. Section 23-15-7, Mississippi Code of 1972, is amended as follows:
23-15-7. (1) The Secretary of State shall negotiate a Memorandum of Understanding which shall be entered into by the Mississippi Department of Public Safety and the registrar of each county for the purpose of providing a Mississippi Voter Identification Card. Such card shall be valid for the purpose of voter identification purposes under Section 23-15-563 and available only to registered voters of this state. No fee shall be charged or collected for the application for or issuance of a Mississippi Voter Identification Card. Any costs associated with the application for or issuance of a Mississippi Voter Identification Card shall be made payable from the state's General Fund.
(2) The registrar of each county shall provide a location in the registrar's office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution; however, in counties having two (2) judicial districts the registrar shall provide a location in the registrar's office in each judicial district at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
(3) No person shall be eligible for a Mississippi Voter Identification Card if the person has a valid unexpired Mississippi driver's license or an identification card issued under Section 45-35-1 et seq.
(4) (a) The Mississippi Voter Identification Card shall be captioned "MISSISSIPPI VOTER IDENTIFICATION CARD" and shall contain a prominent statement that under Mississippi law it is valid only as identification for voting purposes. The identification card shall include the following information regarding the applicant:
(i) Full legal name;
(ii) Legal residence address;
(iii) Mailing address, if different; and
(iv) Voting information.
(b) The Mississippi Voter Identification Card shall also contain the date the voter identification card was issued, the county in which the voter is registered and such other information as required by the Secretary of State.
(5) The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute false swearing under Section 97-7-35.
(6) The registrar shall require presentation and verification of any of the following information during the application process before issuance of a Mississippi Voter Identification Card:
(a) A photo identity document; or
(b) Documentation showing the person's date and place of birth; or
(c) A social security card; or
(d) A Medicare card; or
(e) A Medicaid card; or
(f) Such other acceptable evidence of verification of residence in the county as determined by the Secretary of State.
(7)
A Mississippi Voter Identification Card shall remain valid for as long as the
cardholder * * * remains qualified to vote. It shall be the
duty of a person who moves his or her residence within this state to surrender
his or her voter identification card to the registrar of the county of his or
her new residence and such person may thereafter apply for and receive a new
card if such person is eligible under this section. It shall be the duty of a
person who moves his or her residence outside this state or who ceases to be
qualified to vote to surrender his or her card to the registrar who issued it.
(8) The Secretary of State, in conjunction with the Mississippi Department of Public Safety, shall adopt rules and regulations for the administration of this section.
SECTION 4. Section 23-15-13, Mississippi Code of 1972, is amended as follows:
23-15-13.
An elector who moves from one 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
written request therefor at any time up to * * * the day
immediately preceding the date on which the county prepares its pollbooks for
the election at which he or she offers to vote, and if the removal occurs * * * after the
date on which the county has prepared its pollbooks for the 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.
SECTION 5. Section 23-15-15, Mississippi Code of 1972, is amended as follows:
23-15-15.
It shall be the duty of any and every person who has acquired citizenship by
order or decree of naturalization and who is otherwise qualified to register
and vote under the laws of the State of Mississippi to present or exhibit to
the * * *
registrar of the county of his or her residence, at or before the time
he or she may offer to register, a certified copy of the final order or decree
of naturalization, or a certificate of naturalization or duplicate thereof, or
a certified copy of such certificate of naturalization or duplicate; otherwise
he shall not be allowed to register or to vote.
SECTION 6. Section 23-15-19, Mississippi Code of 1972, is amended as follows:
23-15-19.
Any person who has been convicted of vote fraud or * * * any crime listed in Section 241, Mississippi
Constitution of 1890, such crimes defined as "disenfranchising,"
shall not be registered, or if registered the name of the person shall be * * * removed from the * * * Statewide
Elections Management System by the registrar or * * * the election commissioners of the county
of his or her residence. 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; and 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 county registrar of the county of the voter's
residence, who shall thereupon * * * remove the name of the person from
the * * * Statewide Elections Management System and retain the
certificate as a record of his office.
SECTION 7. Section 23-15-31, Mississippi Code of 1972, is amended as follows:
23-15-31.
All of the provisions of this subarticle shall be applicable, insofar as
possible, to municipal, primary, general and special elections; and wherever
therein any duty is imposed or any power or authority is conferred upon the
county registrar, county election commissioners or county executive committee
with reference to a state and county election, such duty shall likewise be * * *conferred
upon the municipal registrar, municipal election commission or municipal
executive committee with reference to any municipal election.
SECTION 8. 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 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.
* * *
SECTION 9. 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.
(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 or electronic 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 and all mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection 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 circuit clerk of the county 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 circuit clerk.
SECTION 10. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37.
(1) The registrar shall * * *keep his books open at his office and shall register the
electors of his county at any time during regular office hours.
(2) The county registrar may keep his office open for registration of 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 prior to any regularly scheduled primary or general election. The county registrar shall also keep his office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day prior to any regularly scheduled primary or general election, unless such 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 may deem necessary at any location in his 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 his deputy visit him for the purpose of registering such person to vote. The registrar or his deputy shall visit such person as soon as possible after such request and provide such person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or his deputy.
(5) (a) In the fall and spring of each year the registrar of each county shall furnish all public schools with mail-in voter registration applications. Such 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 his deputy for the purpose of registration of persons eligible to vote and for providing voter education.
SECTION 11. 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 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, 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 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 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 such 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 therefor,
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 12. 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, the county registrar shall enter
the applicant's information into the Statewide Elections Management
System * * * in which the * * * applicant's status will be marked as
"ACTIVE", "PENDING" or "REJECTED", and the
applicant shall be entitled to register upon his request for registration made
in person to the registrar, or deputy registrar if a deputy registrar has been
appointed. 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 * * * shall be marked as
"PENDING" or "REJECTED", * * * with the specific reason or
reasons * * * noted; the registrar shall provide notice to the
election commission of those applicants rejected.
SECTION 13. Section 23-15-43, Mississippi Code of 1972, is amended as follows:
23-15-43. In the event applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in Sections 23-15-61 through 23-15-79. In addition to the meetings of the election commissioners provided under said sections, the commissioners are required to hold such additional meetings to determine all pending cases of registration on review prior to the election at which the applicant desires to vote.
It is not the purpose of this section to indicate the decision which should be reached by the election commissioners in certain cases but to define which applicants should receive further examination by providing for an automatic review.
SECTION 14. Section 23-15-45, Mississippi Code of 1972, is amended 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 15. 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 county registrar at least thirty (30) days prior to any 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. 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 application.
(c)
If the county registrar determines that the applicant is qualified and his
application is legible and complete, he 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 which makes it impossible for the registrar to determine the eligibility of the applicant to register;
(ii) A portion of the application which 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, the precinct in which the voter should be assigned or the supervisor district in which he 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, he 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
five (5) 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 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 location
of his * * *
county * * *
or municipal * * * polling place * * * by the mailing of 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 such 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 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 thereof retained in the Statewide Elections Management System.
(6)
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 enter the information into the Statewide Elections Management System. * * *.
(7)
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 * * * 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 16. Section 23-15-61, Mississippi Code of 1972, is amended as follows:
23-15-61. Any person denied the right to register as a voter may appeal from the decision of the county registrar to the board of election commissioners by filing with the county registrar, on the same day of such denial or within five (5) days thereafter, a written application for appeal.
SECTION 17. Section 23-15-63, Mississippi Code of 1972, is amended as follows:
23-15-63. Any elector of the county may likewise appeal from the decision of the county registrar allowing any other person to be registered as a voter; but before the same can be heard, the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the grounds of the appeal. Said notice shall be served by the sheriff or a constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same, the sum of One Dollar ($1.00).
SECTION 18. Section 23-15-65, Mississippi Code of 1972, is amended as follows:
23-15-65.
The board of election commissioners shall meet at the courthouse of its
county on the second Monday in September preceding any general election, and
shall remain in session from day to day, so long as business may require.
Three (3) commissioners shall constitute a quorum to do business; but the
concurrence of at least three (3) commissioners shall be necessary in all cases
for the rendition of a decision. The commissioners shall hear and determine
all appeals from the decisions of the registrar of their county, allowing or
refusing the applications of electors to be registered; and they shall correct
illegal or improper registrations, and shall secure the elective franchise, as * * * affected by registration, to
those who may be illegally or improperly denied the same.
SECTION 19. Section 23-15-67, Mississippi Code of 1972, is amended as follows:
23-15-67.
The election commissioners * * * of each county shall, at the
meetings provided for by Sections 23-15-123, 23-15-155 and 23-15-157, hear and
determine any appeals which may have been perfected and which are pending on
the respective dates provided for in said Sections 23-15-123, 23-15-155 and 23-15-157,
from the decisions of the registrar of their county allowing or refusing the
applications of persons to be registered. The above dates for hearing said
appeals are supplemental to the provisions of Section 23-15-65.
SECTION 20. Section 23-15-69, Mississippi Code of 1972, is amended as follows:
23-15-69. All cases on appeal shall be heard by the boards of election commissioners de novo, and oral and documentary evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have power to subpoena witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commissioners in all cases shall be final as to questions of fact, but as to matters of law they may be revised by circuit courts and the Supreme Court. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the registration books.
SECTION 21. Section 23-15-71, Mississippi Code of 1972, is amended as follows:
23-15-71. Any elector aggrieved by the decision of the commissioners shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two (2) days after the rendition of the decision, and may thereupon appeal to the circuit court upon the execution of a bond, with two (2) or more sufficient sureties to be approved by the commissioners, in the sum of One Hundred Dollars ($100.00), payable to the state, and conditioned to pay all costs in case the appeal shall not be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs.
SECTION 22. Section 23-15-73, Mississippi Code of 1972, is amended as follows:
23-15-73. It shall be the duty of the commissioners, in case of appeal from their decision, to return the bill of exceptions and the appeal bond into the circuit court of the county within five (5) days after the filing of the same with them; and the circuit courts shall have jurisdiction to hear and determine such appeals.
SECTION 23. Section 23-15-75, Mississippi Code of 1972, is amended as follows:
23-15-75. Should the judgment of the circuit court be in favor of the right of an elector to be registered, the court shall so order, and shall, by its judgment, direct the registrar of the county forthwith to register him. Costs shall not, in any case, be adjudged against the county.
SECTION 24. Section 23-15-77, Mississippi Code of 1972, is amended as follows:
23-15-77. The election commissioners shall not award costs in proceedings before them; but circuit courts and the Supreme Court shall allow costs as in other cases.
SECTION 25. 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, the date of registration to vote shall be the date of 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 which 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.
SECTION 26. 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 or election commissioner * * * 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 such applicant such
rights to which he may be entitled under the provisions of said sections.
SECTION 27. Section 23-15-111, Mississippi Code of 1972, is amended as follows:
23-15-111. Registration books now required by law to be kept may be retained in use, provided that the registrar shall make such changes in the form thereof, by some suitable method, as shall reflect the changes in the form thereof required by this subarticle and other applicable legislation.
SECTION 28. Section 23-15-113, Mississippi Code of 1972, is amended as follows:
23-15-113.
(1) * * * The voter registration files
shall contain copies of the applications for registration completed by
electors, which applications shall show the date of registration and signature
of elector, and such files shall be known as registration books. The files
described herein may be recorded on microfilm or computer software for
convenience and efficiency in storage.
(2) * * * All records
pertaining to voter registration shall be stored in an electronic format in the
Statewide Elections Management System by the county registrar. The
scanned applications shall be a legal document of voter registration and shall
be retained in the Statewide Elections Management System.
SECTION 29. Section 23-15-115, Mississippi Code of 1972, is amended as follows:
23-15-115. When a transfer of a voter registration is necessitated by any change in the boundaries of legislative districts, supervisors districts, voting precincts, or other similar boundaries, such information necessary to bring about such transfer may be secured by mail or otherwise. Necessary forms for the purposes of securing necessary information shall be prepared by the registrar.
SECTION 30. Section 23-15-117, Mississippi Code of 1972, is amended as follows:
23-15-117. Any false entry on any registration book, or pollbook, made knowingly, and any unauthorized erasure or alteration therein, shall be punished as provided for the alteration of any other public record.
SECTION 31. Section 23-15-119, Mississippi Code of 1972, is amended as follows:
23-15-119. When the registration books shall be filled, the board of supervisors of the county shall procure others, to be kept and used as herein directed, or they may cause the books in use at any time to be enlarged so as to contain the names of all persons who may be registered; and the board of supervisors shall cause new pollbooks to be made from time to time as may be necessary or proper; and in case of the destruction or mutilation of the registration books or pollbooks, so as to make it proper to have the names of the electors on the old books transcribed into new ones, the board shall cause it to be done, and the new books so made shall have the same effect as the old ones.
SECTION 32. Section 23-15-121, Mississippi Code of 1972, is amended as follows:
23-15-121.
Should the * * * electronic voting record of any county as maintained by
the Statewide Elections Management System be lost or destroyed, the board
of supervisors may adjudge the fact, and direct a new registration of the
voters to be made; and the county registrar, being so directed, shall
make a new registration, as herein provided, of the qualified electors of his
county on new books to be provided by the board.
SECTION 33. Section 23-15-123, Mississippi Code of 1972, is amended as follows:
23-15-123. If at any time the registration books of the county as maintained by the Statewide Elections Management System be or become in such confusion that a new registration is necessary to determine correctly the names of the qualified electors and the voting precinct of each, the board of supervisors shall order a new registration of voters to be made in like manner as provided for in Section 23-15-121.
SECTION 34. 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; however, only the names of those
qualified applicants who register within thirty (30) days before * * * an election shall * * * appear on the pollbooks * * * of the 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 county's pollbooks. Nothing in this
section shall preclude the use of electronic pollbooks.
SECTION 35. Section 23-15-127, Mississippi Code of 1972, is amended as follows:
23-15-127. (1) It shall be the duty of registrar of the county or municipality to prepare and furnish to the appropriate election commissioner pollbooks for each voting precinct in which the election is to be conducted, in which shall be entered the name, residence, date of birth and date of registration of each person duly registered in such voting precinct as now provided by law, and which pollbooks shall be known as "primary election pollbooks" and shall be used only in holding primary elections.
(2) The election commissioners of the county or municipality shall revise the primary pollbooks at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks now provided for under the law, except they shall not remove from the pollbook any person who is qualified to participate in primary elections; however, upon the written request of the municipal election commission, the county commissioners of election shall revise the primary pollbooks of the municipality as provided in this subsection.
(3) All laws applicable to the revision of pollbooks now in use shall be applicable to the revision of pollbooks for primary elections, and all rights of voters to be heard and to appeal to the executive committee of his party from the action of the election commissioners now provided by law shall be available to the voter in the revisions of the pollbooks for primary elections provided for in this section.
SECTION 36. Section 23-15-129, Mississippi Code of 1972, is amended as follows:
23-15-129. The commissioners of election and the registrars of the respective counties are hereby directed to make an administrative division of the pollbook for each county immediately following any reapportionment of the Mississippi Legislature or any realignment of supervisors districts, if necessary. Such an administrative division shall form subprecincts whenever necessary within each voting precinct so that all persons within a subprecinct shall vote on the same candidates for each public office. The polling place for all subprecincts within any given voting precinct shall be the same as the polling place for the voting precinct. Additional managers may be appointed for subprecincts in the discretion of the commissioners of election or, in the case of primary elections, in the discretion of the proper executive committee.
SECTION 37. Section 23-15-133, Mississippi Code of 1972, is amended as follows:
23-15-133. The procedure to be used by the commissioners of election and the registrars to form subprecincts and to make subprecinct pollbooks shall be as follows, and in the following order:
(a) Identify those subprecinct areas in each voting precinct, if any, where all persons within such subprecincts shall vote on the same candidates for each public office;
(b) The portion of each voting precinct with the largest population shall retain the original voting precinct designation and those portions of each voting precinct with smaller populations shall be called subprecincts and identified by the original voting precinct designation with the suffixes "a", "b", "c", et cetera, for as many subprecincts as are formed for any given precinct;
(c) The qualified electors residing in each subprecinct shall be identified; and
(d) The names of the qualified electors so identified whose names appear on the original voting precinct pollbook shall be transferred to and placed upon the appropriate subprecinct pollbook, and a notation of such transfer shall be made opposite such names in the original voting precinct pollbook. Such electors so identified shall be notified by regular mail that they reside in a newly formed subprecinct; however, failure to give such notice shall not invalidate an otherwise valid election.
SECTION 38. Section 23-15-135, Mississippi Code of 1972, is amended as follows:
[Until the date Chapter 526, Laws of 2012, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
23-15-135. The registration books of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and pollbooks hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.
[From and after the date Chapter 526, Laws of 2012, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
23-15-135. (1) The registration books of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and pollbooks hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.
(2) The registrar of each county shall provide a location in the registrar's office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
(3) The registrar of each county shall enter into a Memorandum of Understanding, which is negotiated by the Secretary of State, with the Mississippi Department of Public Safety for the purpose of providing a Mississippi Voter Identification Card.
SECTION 39. Section 23-15-137, Mississippi Code of 1972, is amended as follows:
23-15-137. (1) If the governing authorities of a municipality determine that revision of the registration books and pollbooks can be performed more effectively and efficiently utilizing the authority granted in this section, then such governing authorities may contract with the commissioners of election of the county or counties in which the municipality is located to provide the municipal registrar of such municipality with registration books and pollbooks containing only the duly qualified electors of such municipality. The registration books and pollbooks provided pursuant to this section may be used to conduct any municipal election in such municipality. By adopting the registration books and pollbooks so provided, the municipal commissioners of election shall be deemed to have met any requirements to revise such books which are imposed upon such commissioners by Mississippi law.
(2) In addition to any meeting otherwise authorized by law, the county commissioners of election may meet to prepare the registration and pollbooks of each municipality pursuant to a contract authorized pursuant to subsection (1) of this section. Each municipality shall compensate the county commissioners of election for the actual cost of preparing such registration books and pollbooks for the municipality and shall pay each county commissioner of election the per diem provided for in Section 23-15-153(2) for each day or period of not less than five (5) hours accumulated over two (2) or more days such commissioners are actually employed in preparing such registration books and pollbooks for such municipality, not to exceed five (5) days. The county commissioners of election shall not receive any compensation for the preparation of registration books and pollbooks pursuant to subsection (1) other than that provided for in this subsection.
SECTION 40. 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 office a full and complete list, in alphabetical order, of persons
convicted of vote fraud or * * *
any crime listed in Section 241, Mississippi Constitution of 1890. 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 vote fraud, any crime
listed in Section 241, Mississippi Constitution of 1890 or subsequent opinions
of the Attorney General, shall also be imported into the Statewide Elections
Management System on a quarterly basis. Voters identified as having been
convicted in a Mississippi state court of any disenfranchising crime are not
qualified electors as defined by Section 23-15-11 and shall be purged or
otherwise removed by the county registrar or county election commissioners from
the Statewide Elections Management System.
SECTION 41. 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 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, have been adjudicated non
compos mentis, have been convicted of a disenfranchising crime 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 congressmen in the years when congressmen 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 * * *erased 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 * * * that are in effect at the time of such erasure. Except as
otherwise provided by Section 23-15-573, no person shall vote at any election
whose name is not on the pollbook.
(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 Eighty-four Dollars ($84.00), 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, for not to exceed five (5) days.
(4)
(a) The election commissioners * * * shall be entitled to receive a per
diem in the amount of Eighty-four Dollars ($84.00), 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 prior to 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
general or special election. The annual limitations set forth in subsection
(2) of this section shall apply to this paragraph.
(5)
The election commissioners * * * shall be entitled to receive a per
diem in the amount of Eighty-four Dollars ($84.00), 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 registration books, pollbooks 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, upon request
by the municipal clerk, 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 * * * the actual cost of
preparing and printing the municipal master voter roll and 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)
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 $84.00
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 chairman of the commission, any member of the board of supervisors or the clerk of the board of supervisors of such 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 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.
(10)
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,
Section 23-15-491 or Section 23-15-239.
SECTION 42. Section 23-15-160, Mississippi Code of 1972, is amended as follows:
23-15-160. The names of all electors whose registration has been cancelled pursuant to the provisions of Section 23-15-159 prior to August 11, 2000, shall be returned to the registration books and pollbooks and shall be treated in the same manner as electors who have changed their place of residence.
SECTION 43. Section 23-15-161, Mississippi Code of 1972, is amended as follows:
23-15-161. The county registrar shall:
(a) Attend the
meetings of the county election commissioners * * *;
(b) Permit and
furnish them access to the * * *
Statewide Elections Management System;
(c) Render them
all needed assistance of which * * * the registrar is capable in the
performance of their duties in revising the list of qualified electors.
SECTION 44. Section 23-15-163, Mississippi Code of 1972, is amended as follows:
23-15-163. The purposes of this subarticle are:
(a) To establish a centralized statewide qualified voter file that consists of all qualified electors who are registered to vote;
(b) To enhance the uniformity of the administration of elections by creating and maintaining a centralized statewide file of qualified voters;
(c) To increase the efficiency and decrease the cost of maintaining voter registration records and implementing the National Voter Registration Act of 1993;
(d) To increase the integrity of the voting process by compiling a single centralized qualified voter file from county voter roll data that will permit the name of each citizen of this state to appear only once;
(e) To apply
technology and information gathered by principal executive departments of state
government, state agencies and local voter registrars in a manner that ensures
that accurate and current records of qualified voters are maintained and to
secure cooperation among all state and county entities to develop systems and
processes that are interfaced with the * * * Statewide
Elections Management System; and
(f) To enable the state to receive federal funds which may be available to carry out provisions of this subarticle.
SECTION 45. 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 such 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 that apply to voters registered in the county; and
(d) 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. Such 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 insure that only the registrar, or his 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 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 of 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 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 designee; the Executive
Director of the Department of Information Technology Services, or his 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 chairman 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 46. Section 23-15-167, Mississippi Code of 1972, is amended as follows:
23-15-167. No state funds shall be used for the purchase of computer hardware or software needed to carry out the provisions of this subarticle unless state funds are made available through legislative appropriation. County funds shall not be required to be expended because of this subarticle.
SECTION 47. Section 23-15-169, Mississippi Code of 1972, is amended as follows:
23-15-169. The Secretary of State shall, by rule and regulation, establish an administrative complaint procedure for handling grievances in accordance with the Help America Vote Act of 2002.
SECTION 48. Section 23-15-169.1, Mississippi Code of 1972, is amended as follows:
23-15-169.1. The Secretary
of State and the Commissioner of Public Safety shall enter into an agreement to
grant the Secretary of State's Office "read only" access to the
driver's license database and identification cardholder database for the
purpose of matching information in the database of the * * * Statewide
Elections Management System created in Section 23-15-163 et seq. to the
extent required to enable the Secretary of State to verify the accuracy of
information provided on applications for voter registration in compliance with
the Help America Vote Act of 2002.
SECTION 49. Section 23-15-169.2, Mississippi Code of 1972, is amended as follows:
23-15-169.2. The Commissioner of Public Safety shall enter into an agreement with the Commissioner of Social Security under Section 205(r)(8) of the Social Security Act in accordance with the Help America Vote Act of 2002 to verify the accuracy of applicable information provided by the Commissioner of Public Safety with respect to applications for voter registration.
SECTION 50. Section 23-15-169.3, Mississippi Code of 1972, is amended as follows:
23-15-169.3. (1) The Secretary of State shall have the authority to accept federal funds authorized under the Help America Vote Act of 2002 and to meet all the requirements of the Help America Vote Act of 2002 in order to expend the funds.
(2) Counties that purchase or have purchased since January 1, 2001, voting systems that comply with the requirements of the Help America Vote Act of 2002 shall be eligible for federal funds accepted by the Secretary of State for Help America Vote Act of 2002 compliance efforts. The only restriction that the Secretary of State may place on the expenditure of federal funds for the purchase of voting systems is that the systems comply with the criteria and rules established in the Help America Vote Act of 2002 for voting systems.
(3) Counties may purchase voting systems under the Help America Vote Act of 2002 (HAVA) if:
(a) The system selected is HAVA compliant as determined by the rules promulgated to effectuate the Help America Vote Act of 2002 in this state; and
(b) The County Board of Supervisors spreads upon its minutes a certification of the following:
(i) The county determined it is in its best interest to opt out of any statewide bulk purchase to be effectuated by the Secretary of State pursuant to his duties under HAVA;
(ii) The voting system selected by the county meets all of the foregoing requirements under HAVA ;
(iii) The county understands and accepts any and all liability for said system; and
(iv) The county is solely responsible for the purchase of said system.
Upon meeting the foregoing requirements, a county shall be reimbursed for its costs for said system from the HAVA funds for this purpose; however, the county shall be limited in its reimbursement to an amount to be determined by the Secretary of State based upon an objective formula implemented for the statewide, bulk purchase of said voting systems. Any costs over and above the set formula described herein shall be the sole responsibility of the county.
(c) In addition to other information required by paragraph (b) of this subsection, any county that purchases voting systems after June 6, 2005, shall spread upon its minutes certification of the following:
(i) All voting systems within the county are the same, except those machines that are handicap accessible as required by HAVA; and
(ii) The voting systems have a device or mechanism that allows any votes cast to be verified by paper audit trail.
SECTION 51. Section 23-15-169.4, Mississippi Code of 1972, is amended as follows:
23-15-169.4. The Secretary of State shall be responsible for providing to all absent uniformed services voters and overseas voters who wish to vote or register to vote in this state information required by the Help America Vote Act of 2002 regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections, including procedures relating to the use of the federal write-in absentee ballot.
SECTION 52. Section 23-15-169.5, Mississippi Code of 1972, is amended as follows:
23-15-169.5. The Secretary of State shall promulgate rules and regulations necessary to effectuate the provisions of the Help America Vote Act of 2002 in this state.
SECTION 53. Section 23-15-169.6, Mississippi Code of 1972, is amended as follows:
23-15-169.6. (1) There is created a task force to study voting systems that comply with the Help America Vote Act of 2002 and their suitability for use in elections in Mississippi. The task force shall make a report of its findings and recommendations to the Legislature before or by September 15, 2005, including any recommended legislation.
(2) The task force shall be composed of the following members:
(a) The Secretary of State, or his designee;
(b) The Chairman of the Elections Committee of the Senate;
(c) The Chairman of the Apportionment and Elections Committee of the House of Representatives;
(d) A circuit clerk appointed by the President of the Mississippi Association of Circuit Clerks;
(e) A member of the general public who is not an elected official or state employee, appointed by the Governor;
(f) A member of the general public who is not an elected official or state employee, appointed by the Lieutenant Governor; and
(g) A member of the general public who is not an elected official or state employee, appointed by the Speaker of the House of Representatives.
(3) Appointments shall be made within thirty (30) days after July 12, 2004, and, within fifteen (15) days thereafter on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the task force. A majority of the members of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members shall be notified in writing of all meetings, such notices to be mailed at least fifteen (15) days before the date on which a meeting is to be held.
(4) The task force shall study voting systems that comply with the Help America Vote Act of 2002 and make recommendations regarding the types of voting systems that are suitable for use in Mississippi.
(5) Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, no per diem or expense for attending meetings of the task force will be paid to legislative members of the task force while the Legislature is in session. No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action shall be recorded in the official minutes of the meeting. Nonlegislative members shall be paid from any funds made available to the task force for that purpose.
(6) The task force shall use clerical and legal staff already employed by the Legislature and any other staff assistance made available to it. To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairman of the task force, provide to the task force such facilities, assistance and data as will enable the task force to properly carry out its task.
SECTION 54. Section 23-15-169.7, Mississippi Code of 1972, is amended as follows:
23-15-169.7. * * * (a) There is created in the State
Treasury a special fund, to be designated the "Help Mississippi Vote
Fund" to the credit of the Secretary of State, which shall be comprised of
the monies required to be deposited into the fund under Section 7-3-59, and any
other funds that may be made available for the fund by the Legislature.
(b) Monies in the fund shall be expended by the Secretary of State to support the state's maintenance of efforts as required by the federal mandates of the Help America Vote Act of 2002 and for compensation paid to any certified poll manager under this chapter.
SECTION 55. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Municipal
primary elections shall be held on the first Tuesday in * * * April preceding the general
municipal election and, in the event a second primary shall be necessary, such
second primary shall be held on the * * * fourth Tuesday in * * * April preceding such general
municipal election. The candidate receiving a majority of the votes cast in
the election shall be the party nominee. If no candidate shall receive a
majority vote at the election, the two (2) candidates receiving the highest
number of votes shall have their names placed on the ballot for the second
primary election. The candidate receiving the most votes cast in the second
primary election shall be the party nominee. However, if no candidate shall
receive a majority vote at the first primary, and there is a tie in the
election of those receiving the next highest vote, those candidates receiving
the next highest vote and the candidate receiving the highest vote shall have
their names placed on the ballot for the second primary election, and whoever
receives the most votes cast in the second primary election shall be the party
nominee. At such primary election the municipal executive committee shall
perform the same duties as are specified by law and performed by members of the
county executive committee with regard to state and county primary elections.
Each municipal executive committee shall have as many members as there are
elective officers of the municipality, and such members of the municipal
executive committee of each political party shall be elected in the primary
elections held for the nomination of candidates for municipal offices. The
provisions of this section shall govern all municipal primary elections as far
as applicable, but the officers to prepare the ballots and the managers and
other officials of the primary election shall be appointed by the municipal
executive committee of the party holding such primary, and the returns of such
election shall be made to such municipal executive committee. Vacancies in the
executive committee shall be filled by it.
(2) Provided, however, that
in municipalities operating under a special or private charter which fixes a
time for holding elections, other than the time fixed by Chapter 491, Laws of
1950, the first primary election shall be held * * * on the first Tuesday,
two (2) months before the time for holding the general election, as fixed
by the charter, and the second primary election, where necessary, shall be held * * * three (3) weeks after the first
primary election, unless the charter of any such municipality provides
otherwise, in which event the provisions of the special or private charter
shall prevail as to the time of holding such primary elections.
(3) All primary elections in municipalities shall be held and conducted in the same manner as is provided by law for state and county primary elections.
SECTION 56. Section 23-15-173, Mississippi Code of 1972, is amended as follows:
23-15-173. (1) A general municipal election shall be held in each city, town or village on the first Tuesday after the first Monday of June 1985, and every four (4) years thereafter, for the election of all municipal officers elected by the people.
(2) All municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections.
(3) The provisions of Sections 23-15-171 and 23-15-173 fixing the time for the holding of primary and general elections shall not apply to any municipality operating under a special or private charter where the governing board or authority thereof, on or before June 25, 1952, shall have adopted and spread upon its minutes a resolution or ordinance declining to accept such provisions, in which event the primary and general elections shall be held at the time fixed by the charter of such municipality.
SECTION 57. Section 23-15-191, Mississippi Code of 1972, is amended as follows:
23-15-191. The first
primary shall be held on the first Tuesday after the first Monday of August preceding
any regular or general election; and the second primary shall be held three (3)
weeks thereafter. * * *
The candidate * * *
that receives a majority of the votes cast in the election shall be the
party nominee. If no candidate shall receive * * * a majority * * * vote
at the election, then the two (2) candidates who receive the highest * * * number of votes * * * shall have their names * * * placed on
the ballot for the second primary * * * election to be held three (3) weeks
later. The candidate who * * * receives the most votes in the
second primary * * * election shall be the party
nominee. However, if no candidate shall receive a majority vote at the first
primary, and there is a tie in the * * * election of those
receiving the next highest vote, * * * then those
candidates receiving the next highest vote * * * and
the candidate receiving the highest vote shall have their names placed
on the ballot for the second primary election to be held three (3) weeks
later, and whoever * * *
receives the most votes cast in * * * the second primary election
shall be * * * the party nominee.
SECTION 58. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. At the election in 1995, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
SECTION 59. Section 23-15-195, Mississippi Code of 1972, is amended as follows:
23-15-195. All elections by the people shall be by ballot, and shall be concluded in one (1) day.
SECTION 60. Section 23-15-197, Mississippi Code of 1972, is amended as follows:
23-15-197. (1) Times for holding primary and general elections for congressional offices shall be as prescribed in Sections 23-15-1031, 23-15-1033 and 23-15-1041.
(2) Times for holding elections for the office of judge of the Supreme Court shall be as prescribed in Section 23-15-991 and Sections 23-15-974 through 23-15-985, and times for holding elections for the office of judge of the Court of Appeals shall be as prescribed in Section 9-4-5.
(3) Times for holding elections for the office of circuit court judge and the office of chancery court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-1015.
(4) Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.
(5) Times for holding elections for the office of levee commissioner shall be as prescribed in Laws, 1928, Chapter 12; Laws, 1968, Chapter 574; Laws, 1930, Chapter 85; Laws, 1983, Chapter 317; and Laws, 2010, Chapter 438.
SECTION 61. Section 23-15-211, Mississippi Code of 1972, is amended as follows:
23-15-211. (1) There shall be:
(a) A State Board of
Election Commissioners * * *, which shall consist of the Governor, who shall serve as
Chairman;
(b) The Secretary of State, who shall serve as Secretary, maintain minutes of all meetings and accept service of process on behalf of the board; and
(c) The
Attorney General * * *.
Any two (2) of * * * the members of the State Board of
Election Commissioners may perform the duties required of the board * * *.
* * *
(2) The board of supervisors of each county shall pay members of the county election commission for attending training events a per diem in the amount provided in Section 23-15-153; however, except as otherwise provided in this section, the per diem shall not be paid to an election commissioner for more than twelve (12) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.
(3) Included in this twelve (12) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and chairpersons of each political party executive committee, or their designee, shall be required to attend. A poll manager will be certified by the Secretary of State only after attending the annual elections seminar.
(4) Each participant shall
receive a certificate from the Secretary of State indicating that the named
participant has received the elections training seminar instruction * * *. Election commissioners * * * shall annually file the certificate
with the chancery clerk. If any election commissioner * * * shall fail to file the certificate
by April 30 of each year, his office shall be vacated, absent exigent
circumstances as determined by the board of supervisors and consistent with the
facts. The vacancy shall be declared by the board of supervisors and the
vacancy shall be filled in the manner described by law. Prior to declaring the
office vacant, the board of supervisors shall give the election commissioner
notice and the opportunity for a hearing.
(5) The Secretary of State,
upon approval of the board of supervisors, may authorize not more than eight
(8) additional training days per year for election commissioners * * * in one or more counties. The
board of supervisors of each county shall pay members of the county election
commission for attending training on these days a per diem in the amount
provided in Section 23-15-153.
* * *
(6) The duties of the board shall include, but not be limited to:
(a) Rule on a candidate's qualifications for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district, other state district, and legislative offices;
(b) Approve the state ballot for the offices stated in subparagraph (a);
(c) Remove the candidates' names from the ballot for failure to comply with campaign finance filing requirements for the offices stated in subparagraph (a) in prior election cycles; and
(d) Adopt such administrative rules and regulations as are necessary to carry out the administration of this chapter.
SECTION 62. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
23-15-213. (1) At
the general election in 1984 and every four (4) years thereafter, there
shall be elected five (5) election commissioners * * * for each county whose terms of
office shall commence on the first Monday of January following their election
and who shall serve for a term of four (4) years. Each of the commissioners shall
be required to attend a training seminar provided by the Secretary of State and
satisfactorily complete a skills assessment, and before acting, shall take
and subscribe the oath of office prescribed by the Constitution * * *. The oath shall be filed
in the office of the clerk of the chancery court, * * * and upon filing, the
election commissioner may be provided access to the Statewide Elections
Management System for purposes of performing their duties. While engaged
in their duties, the commissioners shall be conservators of the peace in the
county, with all the duties and powers of such.
(2) The qualified
electors of each supervisor's district shall elect, at the general
election in * * *
2020 * * *, in their district one (1) commissioner of
election. The election commissioners from board of supervisors' Districts
One, Three and Five shall serve for a term of four (4) years. The election
commissioners from board of supervisors' Districts Two and Four shall serve for
a term of six (6) years. No more than one (1) commissioner shall be a
resident of and reside in each supervisors district of the county; it being the
purpose of this section that the county board of election commissioners shall
consist of one (1) person from each supervisors district of the county and that
each commissioner be elected from the supervisors district in which he resides.
(3) Candidates for
county election commissioner shall qualify by filing with the clerk of the
board of supervisors of their respective counties a petition personally signed
by not less than fifty (50) qualified electors of the supervisors district in
which they reside, requesting that they be a candidate, by 5:00 p.m. not later
than the first Monday in June of the year in which the election occurs and
unless the petition is filed within the required time, their names shall not be
placed upon the ballot. * * *All candidates shall declare in writing their party affiliation, if any,
to the board of supervisors, and such party affiliation shall be shown on the
official ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chairman or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected unless and until he has received a majority of the votes cast for the position or post for which he is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) If any election commissioner shall fail to successfully complete the required training seminar or the skills assessment, his or her office shall be vacated. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Prior to declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.
(6) Upon taking
office, the county * * * election commissioners shall organize by electing a chairman and
a secretary.
(7) It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.
[From and after January 1, 2024, this section will read as follows:]
23-15-213. (1) There shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
(2) (a) At the general election in 2024 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts One, Three and Five shall elect in their district one (1) election commissioner.
(b) At the general election in 2026 and every four (4) years thereafter, the qualified electors of the board of supervisors' Districts Two and Four shall elect in their district one (1) election commissioner.
(c) No more than one (1) commissioner shall be a resident of and reside in each supervisors' district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors' district of the county and that each commissioner be elected from the supervisors' district in which he resides.
(3) Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors' district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot.
(4) The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors' district in which he seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chairman or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected unless and until he has received a majority of the votes cast for the position or post for which he is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
(5) If any election commissioner shall fail to successfully complete the required training seminar or the skills assessment, his or her office shall be vacated. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Prior to declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.
(6) In the first meeting in January of each year, the county election commissioners shall organize by electing a chairman and a secretary, who shall serve a one (1) year term. The county election commissioners shall provide the names of the chairman and secretary to the Secretary of State and provide notice of any change in officers which may occur during the year.
(7) It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.
SECTION 63. Section 23-15-215, Mississippi Code of 1972, is amended as follows:
23-15-215. If there shall
not be election commissioners * * * in any county, or if they fail to
act, the duties prescribed for them shall be performed by the board of
supervisors. In such case, the president of the board is charged with the duty
of having the official ballot printed and distributed; and the poll
managers * * *
shall make returns to the board, which shall canvass the returns, give
certificates of election, and make report to the Secretary of State, in like
manner as the election commissioners * * * are required to do.
SECTION 64. Section 23-15-217, Mississippi Code of 1972, is amended as follows:
23-15-217. (1) An
election commissioner * * * of election of any county may be a candidate for any other
office at any election held or to be held during the four-year term for which
he or she has been elected to the office of election commissioner * * *; provided that he or she has resigned from the office
of election commissioner before he or she * * * files to qualify for the
office which he or she desires to seek. The clerk for the board of
supervisors must have actually received the resignation for the it to be deemed
submitted.
(2) In any case involving
the election of a county election commissioner wherein there is a contest of
any nature, including, but not limited to, the right of any person to vote or
the counting of any challenge ballot, all the duties and powers of the
commission in connection with said contest shall be performed by the board of
supervisors, as is contemplated by Section 23-15-215 in cases where there are
no election commissioners * * * in the county.
SECTION 65. Section 23-15-219, Mississippi Code of 1972, is amended as follows:
23-15-219. (1) The board of election commissioners is hereby authorized and empowered to employ and set or determine the duties of and determine the compensation of such investigators, legal counsel, secretaries, technical advisors and any other employees or persons who or which said board or a majority thereof may deem necessary to enable them to discharge the duties and obligations presently or hereafter vested in them. However, before employing such persons or setting or determining said compensation, the election commissioners must first have the approval of the board of supervisors of the county.
(2) The board of supervisors of the county is authorized and empowered to pay out of the general fund of the county the salaries and necessary traveling and subsistence expenses of said employees of said board of commissioners in such amounts as may be mutually agreed upon by the said board of supervisors and said board of election commissioners, but which shall be computed on the same basis allowed to state employees when traveling on state business. All expense accounts of said employees of said board of election commissioners shall be approved by said board of election commissioners and said board of supervisors or, in the discretion of each of said boards, by one (1) of the members of each of said boards duly authorized by the respective boards to approve or disapprove said subsistence, traveling and mileage expense accounts.
(3) Nothing in this section
shall be construed to prohibit a person who holds the office of election
commissioner * * *
from being employed and receiving compensation pursuant to this section. Any
compensation which such a person may receive from his employment pursuant to
this section shall be in addition to any compensation such person may receive
in performing his duties as an election commissioner * * *.
SECTION 66. Section 23-15-221, Mississippi Code of 1972, is amended as follows:
23-15-221. The governing
authorities of municipalities having a population of less than twenty thousand
(20,000) inhabitants according to the last federal decennial census shall
appoint three (3) election commissioners; the governing authorities of
municipalities having a population of twenty thousand (20,000) inhabitants or
more and less than one hundred thousand (100,000) inhabitants according to the
last federal decennial census shall appoint five (5) election commissioners;
and the governing authorities of municipalities having a population of one
hundred thousand (100,000) or more according to the last federal decennial
census shall appoint seven (7) election commissioners * * *. The municipal election commissioners, in
conjunction with the municipal clerk, shall perform all the duties in
respect to the municipal election prescribed by law to be performed by the
county election commissioners where not otherwise provided. The said election
commissioners shall, in case there be but one (1) election precinct in the
municipality, act as * * *
poll managers themselves.
SECTION 67. Section 23-15-223, Mississippi Code of 1972, is amended as follows:
23-15-223. (1) The State Board of Election Commissioners, on or before the fifteenth day of February succeeding each general election, shall appoint in the several counties registrars of elections, who shall hold office for four (4) years and until their successors shall be duly qualified. The county registrar shall be the clerk of the circuit court, unless the State Board of Election Commissioners finds the circuit clerk to be an improper person to register the names of the electors in the county. The State Board of Election Commissioners shall draft rules and regulations to provide for notice and hearing prior to removal of the circuit clerk, if notice and a hearing is practicable under the circumstances.
(2) The county registrar is empowered to appoint deputy registrars, with the consent of the board of election commissioners, who may discharge the duties of the registrar.
The clerk of every municipality shall be appointed as such a deputy registrar, as contemplated by the National Voter Registration Act (NVRA).
(3) The county
registrar * * *
shall not be held liable for any malfeasance or nonfeasance in office by
any deputy registrar who is a deputy registrar by virtue of his office.
(4) The Secretary of State, in conjunction with the Mississippi Community College Board, shall develop and make a computer skills training course for all newly appointed registrars that shall be completed within one hundred eighty (180) days of the commencement of their term of office.
SECTION 68. Section 23-15-225, Mississippi Code of 1972, is amended as follows:
23-15-225. (1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:
(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Twenty-nine Thousand Nine Hundred Dollars ($29,900.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-five Thousand Three Hundred Dollars ($25,300.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-three Thousand Dollars ($23,000.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty Thousand Seven Hundred Dollars ($20,700.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand One Hundred Dollars ($16,100.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Thirteen Thousand Eight Hundred Dollars ($13,800.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) but not less than Six Thousand Three Hundred Twenty-five Dollars ($6,325.00).
(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
(2) In the event of a reregistration within such county, or a redistricting which necessitates the hiring of additional deputy registrars, the board of supervisors may by contract compensate the county registrar amounts in addition to the sums prescribed herein, in its discretion.
(3) As compensation for
their services in assisting the county election commissioners in performance of
their duties in the revision of the * * * voter roll as electronically
maintained by the Statewide Elections Management System and in assisting
the election commissioners, executive committees or boards of supervisors in
connection with any election, the registrar shall receive the same daily per
diem and limitation on meeting days as provided for the board of election
commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from
the general fund of the county.
(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
(5) The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Five Hundred Dollars ($2,500.00) per year. This payment shall be for the performance of his duties in regard to the conduct of elections and the performance of his other duties.
(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his services equal to the limitation on compensation prescribed in Section 9-1-43.
SECTION 69. Section 23-15-227, Mississippi Code of 1972, is amended as follows:
23-15-227. (1) The poll
managers * * *
shall be each entitled to Seventy-five Dollars ($75.00) for each election;
however, the board of supervisors may, in its discretion, pay the poll
managers * * *
an additional amount not to exceed Fifty Dollars ($50.00) per election.
(2) The poll manager or other person who shall carry to the place of voting, away from the courthouse, the official ballots, ballot boxes, pollbooks and other necessities, shall be allowed Ten Dollars ($10.00) for each voting precinct for so doing. The manager or other person who acts as returning officer shall be allowed Ten Dollars ($10.00) for each voting precinct for that service. If a person who performs the duties described in this subsection utilizes a privately owned motor vehicle to perform them, he or she shall receive for each mile actually and necessarily traveled in excess of ten (10) miles, the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel.
(3) The compensation authorized in this section shall be allowed by the board of supervisors, and shall be payable out of the county treasury.
(4) The compensation provided in this section shall constitute payment in full for the services rendered by the persons named for any election, whether there be one (1) election or issue voted upon, or more than one (1) election or issue voted upon at the same time.
SECTION 70. Section 23-15-229, Mississippi Code of 1972, is amended as follows:
23-15-229. The compensation
for * * *
poll managers and other workers in the polling places of a municipality
shall be the same as the compensation paid by the county for such services;
provided, however, that the governing authorities of a municipality shall not
be required to pay any additional compensation authorized by the board of
supervisors. The governing authorities of a municipality may, in their
discretion, pay clerks and managers in the polling places of the municipality
an additional amount of compensation not to exceed Twenty-five Dollars ($25.00)
per election.
SECTION 71. Section 23-15-231, Mississippi Code of 1972, is amended as follows:
23-15-231. Prior to every
election, the election commissioners * * * shall appoint three (3) persons for
each voting precinct to be poll managers * * *, one (1) of whom shall be
designated by the election commissioners * * * as election bailiff. * * * For general and special elections, the
poll managers shall not all be of the same political party if suitable
persons of different political parties can be found in the district. If any
person appointed shall fail to attend and serve, the managers present, if any,
may designate someone to fill his place; and if the election
commissioners * * * fail to make the appointments or in case of the failure of
all those appointed to attend and serve, any three (3) qualified electors
present when the polls should be opened may act as managers. Provided,
however, any person appointed to be manager or act as manager shall be a
qualified elector of the county in which the polling place is located.
SECTION 72. Section 23-15-233, Mississippi Code of 1972, is amended as follows:
23-15-233. The poll managers shall take care that the election is conducted fairly and agreeably to law, and they shall be judges of the qualifications of electors, and may examine, on oath, any person duly registered and offering to vote touching his qualifications as an elector, which oath any of the poll managers may administer.
SECTION 73. Section 23-15-235, Mississippi Code of 1972, is amended as follows:
23-15-235. In addition to
the poll managers appointed pursuant to Section 23-15-231, for the first
five hundred (500) registered voters in each voting precinct, the election commissioners * * * may, in their discretion, appoint
not more than three (3) persons to serve as managers * * * of the election. The election
commissioners * * * may, in their discretion, appoint three (3) additional
persons to serve as * * *
poll managers for each one thousand (1,000) registered voters or
fraction thereof in each voting precinct above the first five hundred (500),
not to exceed six (6) additional managers under this section. Any person
appointed as * * *
poll manager shall be a qualified elector of the county in which the
voting precinct is located.
* * *
SECTION 74. Section 23-15-237, Mississippi Code of 1972, is amended as follows:
23-15-237. The poll
managers * * *
shall be sworn by some officer present competent to administer oaths, or each
may be sworn by one of the others, faithfully to perform their duties at the
election according to law, and not to attempt to guide, aid, direct or
influence any voter in the exercise of his right to vote, except as expressly
allowed by law. The oath required by this section shall be recorded in the
receipt book and signed by each manager.
SECTION 75. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
23-15-239. (1) * * * The executive committee of each county, in
the case of a primary election, or the election commissioners * * * of each county, in the case of all
other elections, in conjunction with the circuit clerk, shall, in the years
in which counties conduct an election, sponsor and conduct, not less than
five (5) days prior to each election, a poll manager training * * * course to instruct managers as
to their duties in the proper administration of the election and the operation
of the polling place. The poll manager training course shall be no less
than four (4) hours and no greater than eight (8) hours. Any poll manager who
completes the online training provided by the Secretary of State's Office will
only be required to complete two (2) hours of in-person poll manager training.
No manager shall serve in any election unless he has received such instructions
once during the twelve (12) months immediately preceding the date upon which
such election is held * * *. The county
executive committee or the election commissioners * * *, as appropriate, shall train a
sufficient number of alternates to serve in the event a manager is unable to
serve for any reason.
* * *
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(3) The board of supervisors, in their discretion, may compensate managers who attend such training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
(5) Subject to the
following annual limitations, the election commissioners * * * shall be entitled to receive a per
diem in the amount of Eighty-four Dollars ($84.00), 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 for the necessary time spent in conducting training sessions as
required by this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per 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 eight (8) days per 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 ten (10) days per 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 twelve (12) days per 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 fifteen (15) days per 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 eighteen (18) days per 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 nineteen (19) days per year;
(h) In counties having
two hundred twenty-five thousand (225,000) residents or more according
to the latest federal decennial census * * *, not more
than twenty-two (22) days per year;
* * *
(6) Election
commissioners * * * shall claim the per diem authorized in subsection (5) of
this section in the manner provided for in Section 23-15-153(6).
[Until January 1, 2020, this section shall read as follows:]
23-15-239. (1) (a) To provide poll manager training, the Secretary of State has developed a single, comprehensive poll manager training program to ensure uniform, secure elections throughout the state. The program includes on-line training on all state and federal election laws and procedures and voting machine opening and closing procedures.
(2) County election commissioners shall designate no more than two (2) poll managers per precinct, who shall individually access and complete the online training program, inclusive of all skills assessments, at least five (5) days prior to an election. Such poll managers shall be defined as "certified poll managers," entitling them to a "Certificate of Completion" and compensation for the successful completion of the training and skills assessment in the amount of Twenty-five Dollars ($25.00) payable from the Help Mississippi Vote Fund. Compensation to any poll manager under this section shall not exceed Twenty-five Dollars ($25.00) per calendar year.
(3) Beginning with every election held after January 1, 2018, at least one (1) certified poll manager shall be appointed by the county election officials to work in each polling place in the county during each general election.
[From and after January 1, 2020, this section will read as follows:]
23-15-239. (1) To provide poll manager training, the Secretary of State has developed a single, comprehensive poll manager training program to ensure uniform, secure elections throughout the state. The program includes on-line training on all state and federal election laws and procedures and voting machine opening and closing procedures.
(2) County poll managers who individually access and complete the on-line training program, inclusive of all skills assessments, at least five (5) days prior to an election shall be defined as "certified poll manager," entitling them to a "Certificate of Completion."
(3) At least one (1) certified poll manager shall be appointed by county election officials to work in each polling place in the county during each general election.
SECTION 76. Section 23-15-240, Mississippi Code of 1972, is amended as follows:
23-15-240. (1) The officials in charge of the election in a county or municipality may, in their discretion, appoint not more than two (2) students for each precinct to serve as student interns during elections. To be appointed a student intern a student must:
(a) Be recommended by a principal or other school official, or the person responsible for the student's legitimate home instruction program;
(b) Be at least sixteen (16) years of age at the time of the election for which the appointment is made;
(c) Be a resident of the county or municipality for which the appointment is made;
(d) Be enrolled in a public high school, an accredited private high school or a legitimate home instruction program and be classified as a junior or senior or its equivalent, or be enrolled in a junior college or a college or university; and
(e) Meet any additional qualifications considered necessary by the officials in charge of the election in the county or municipality.
(2) (a) The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; however, such duties shall not include:
(i) Determining the qualifications of a voter in case a voter is challenged;
(ii) The discharge of any duties related to affidavit ballots;
(iii) The operation and maintenance of any voting equipment;
(iv) Any duties normally assigned to a bailiff; or
(v) The tallying of votes.
(b) Student interns
shall at all times be under the supervision of the poll managers * * * of the election while performing
their duties at precincts.
(3) Before performing any
duties, student interns shall attend all required training for poll
managers * * *
of the county or municipality and any additional training considered necessary
by the officials in charge of the election in the county or municipality.
(4) As used in this section "officials in charge of the election" means the county or municipal executive committee, as appropriate, in primary elections and the county or municipal election commission, as appropriate, in all other elections.
SECTION 77. Section 23-15-241, Mississippi Code of 1972, is amended as follows:
23-15-241. The poll manager designated an election bailiff shall, in addition to his other duties, be present during the election to keep the peace and to protect the voting place, and to prevent improper intrusion upon the voting place or interference with the election, and to arrest all persons creating any disturbance about the voting place, and to enable all qualified electors who have not voted, and who desire to vote, to have unobstructed access to the polls for the purpose of voting when others are not voting.
SECTION 78. Section 23-15-243, Mississippi Code of 1972, is amended as follows:
23-15-243. If the election
commissioners * * * fail to designate a poll manager as the bailiff, or
if their designee fails to serve, the poll managers * * * may select an election bailiff
from among their number.
SECTION 79. Section 23-15-245, Mississippi Code of 1972, is amended as follows:
23-15-245. It shall be the
duty of the manager designated as bailiff to be present at the voting place,
and to take such steps as will accomplish the purpose of his appointment, and
he shall have full power to do so, and he may summon to his aid all persons
present at the voting place. A space thirty (30) feet in every direction from
the polls, or the room in which the election is held, shall be kept open and
clear of all persons except * * * election officials, individuals present to vote
and credentialed poll watchers as defined by Section 23-15-577. The
electors shall approach the polls from one direction, line, door or passage, and
depart in another as nearly opposite as convenient.
SECTION 80. Section 23-15-247, Mississippi Code of 1972, is amended as follows:
23-15-247. The election
commissioners * * * in each county shall procure, if not already provided, a sufficient
number of ballot boxes, which shall be distributed by them to the voting
precincts of the county before the time for opening the polls. The boxes shall
be * * * securely
sealed from the opening of the polls * * * on
election day until the polls close on election day; and the box shall be
kept by one of the managers * * *, and
the manager having the box shall carefully keep it, and neither * * * open it himself nor permit it to be * * * opened, nor permit any person to
have any access to it * * * throughout the voting period during an
election. The box shall not be removed from the polling building or place
after the polls are opened until the polls close and the count is
complete * * *. After each election the
ballot boxes shall be delivered * * * to the clerk of the
circuit court of the county for preservation; and he or she shall keep
them for future use, and, when called for, deliver them to the election
commissioners * * *.
SECTION 81. Section 23-15-249, Mississippi Code of 1972, is amended as follows:
23-15-249. The failure to distribute to the different voting places the pollbooks containing the alphabetical list of voters, or the ballot boxes provided for, shall not prevent the holding of an election, but in such case the poll managers shall proceed to hold the election without the books and ballot boxes, and shall provide some suitable substitute for the ballot boxes, and conform as nearly as possible to the law in the reception and disposition of the official ballots.
SECTION 82. Section 23-15-251, Mississippi Code of 1972, is amended as follows:
23-15-251. The election
commissioners * * *, in appointing the poll managers of an
election, shall designate one (1) of the poll managers at each voting
place to receive and distribute the official ballots, and shall deliver to him
the proper number of ballots * * * for his district not
less than one (1) day before the election; and the poll manager receiving the
ballots from the election commissioners shall distribute the same to the
electors of his district in the manner herein provided. It shall be the duty
of * * * the
designated person * * * as aforesaid for service at a voting place other than the
courthouse, to carry to the said voting place, on the day previous to the
election, or before 6:00 a.m. on the morning of the election, the ballot
box, the pollbook, the blank tally sheets, the blank forms to be used in making
returns, the other necessary stationery and supplies and the official printed
ballots aforesaid, and all of the same used and unused shall be returned by the
designated poll manager * * * as aforesaid to the election
commissioners * * * on the day next following the election.
SECTION 83. Section 23-15-253, Mississippi Code of 1972, is amended as follows:
23-15-253. The election
commissioners * * * shall furnish to the poll managers at each voting
place a sufficient quantity of stationery for use in holding the election, and
also blank forms to be used in making returns of the election, including * * * the precinct opening and closing log, the election
ballot account form and the electronic vote tally worksheet provided by the
Secretary of State's Office.
SECTION 84. Section 23-15-255, Mississippi Code of 1972, is amended as follows:
23-15-255. (1) The
supervisor of each respective supervisors district shall provide at each
election place a sufficient number of voting compartments, shelves and tables
for the use of electors, which shall be so arranged that it will be impossible
for a voter in one compartment to see another voter who is preparing his
ballot. The number of voting compartments and shelves or tables shall not be
less than one (1) to every two hundred (200) electors in the voting precinct. * * *
(2) The poll managers of each precinct shall publicly post the following information at the precinct polling place on the day of any election:
(a) A sample * * * ballot that will be used at the
election;
(b) * * * The
hours during which the polling places will be open;
(c) Instructions on how to vote, including how to cast
a vote and how to cast an affidavit ballot;
(d) Instruction for persons who have registered to vote by mail and first time voters, if appropriate;
(e) General information on voting rights, including information on the right of an individual to cast an affidavit ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and
(f) The consequences
under federal and state laws regarding fraud and misrepresentation * * *;
(g) A list of voters in each polling place that have already cast an absentee ballot; and
(h) The acceptable forms of photo identification that may be presented in the polling place.
SECTION 85. Section 23-15-259, Mississippi Code of 1972, is amended as follows:
23-15-259. (1) The
boards of supervisors of the several counties are authorized to allow
compensation of the officers rendering services in matters of registration and
elections, to provide ballot boxes, registration and pollbooks, and all other
things required by law in registration and elections. Said boards are also
authorized, by order spread upon the minutes of the board setting forth the
cost and source of funds therefor, to * * * allow such
reasonable sum as may be expended in supplying voting compartments, tables or
shelves for use at elections.
* * *
SECTION 86. Section 23-15-261, Mississippi Code of 1972, is amended as follows:
23-15-261. The election
commissioners * * * shall, after each election, make out a list of all persons
who served as poll managers * * * at the election, designating for
what service each is entitled to pay, certify to the correctness of the same,
and file it with the clerk of the board of supervisors * * *. An allowance shall not be made
to any such officer unless his service be so certified.
SECTION 87. Section 23-15-265, Mississippi Code of 1972, is amended as follows:
23-15-265. (1) The county
executive committee of each county shall meet not less than two (2) weeks
before the date of any primary election and appoint the managers and clerks for
same, all of whom may be members of the same political party. The number of poll
managers * * *
appointed by the county executive committee shall be the same number as election
commissioners * * * are allowed to appoint pursuant to Sections 23-15-231 and
23-15-235. If the county executive committee fails to meet on the date named,
supra, further notice shall be given of the time and place of meeting.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
SECTION 88. Section 23-15-267, Mississippi Code of 1972, is amended as follows:
23-15-267. (1) The ballot
boxes provided by the * * *
election commissioners * * * in each county shall be used in
primary elections, and the county executive committees shall distribute them to
the voting precincts of the county before the time for opening the polls, in
the same manner, as near as may be, as that provided for in general elections.
(2) * * * The boxes shall be securely sealed and locked
beginning from the start of voting on election day until the end of voting on
election day; and the box shall be kept by one of the managers, and the manager
having the box shall carefully keep it, and neither open it himself nor permit
it to be done, nor permit any person to have any access to it throughout voting
during election day. The box shall not be removed from the polling * * * place after the polls are open
until the polls close and the count is completed * * *.
(3) After each election, the
ballot boxes * * * shall be delivered * * * to the clerk of the circuit court of
the county for preservation; and he shall keep them for future use, and,
when called for, deliver them to the election commissioners.
(4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
(5) The person, or persons, whose duty it is to comply with the provisions of this section and who shall fail, or neglect, from any cause, to deliver said boxes or any of them as herein provided shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and be imprisoned in the county jail of the residence of the person, or persons, who violates any of the provisions of this section, for a period of not less than thirty (30) days or more than six (6) months, and fined not more than Five Hundred Dollars ($500.00).
SECTION 89. Section 23-15-271, Mississippi Code of 1972, is amended as follows:
23-15-271. (1) The state executive committee of any political party authorized to conduct political party primaries shall form an election integrity assurance committee for each congressional district. The state executive committee shall appoint three (3) of its members to each congressional district election integrity assurance committee. The members so appointed shall be residents of the congressional district for which the election integrity assurance committee is formed. The state executive committee shall name a chairman and a secretary from among the members of each committee. The state executive committee shall provide to each circuit and municipal clerk a list of the members of the congressional district integrity assurance committee for the congressional district in which the county or municipality of such clerk is located.
(2) If * * * within sixty (60) days of an election,
county executive committee or a municipal executive committee fails to attend
training or perform in a timely manner any of the duties specified in
Sections 23-15-239, 23-15-265, 23-15-267, 23-15-333, 23-15-335 and 23-15-597
and there is no written agreement in place between the county or municipal
executive committee and the county or municipal election commission or the
circuit or municipal clerk pursuant to such sections, or there is such an
agreement in place and it is not being executed, the circuit or municipal clerk * * * shall notify the chairman and
secretary of the congressional district election integrity assurance committee
or the Chairman of the state executive committee of such failure and call upon
them to take immediate and appropriate action to insure that such duties are
performed in order to secure the orderly conduct of the primary. * * * Upon receiving the notice, the election integrity
assurance committee shall be responsible for conducting any required training
and shall be authorized to contract on behalf of the county or municipal
executive committee with the county or municipal election commission or the
circuit or municipal clerk for the conduct of the primary election.
(3) Nothing in this section shall be construed to authorize the state executive committee or a congressional district election assurance committee to conduct primaries.
SECTION 90. Section 23-15-281, Mississippi Code of 1972, is amended as follows:
23-15-281. (1) Each
county shall be divided into supervisors districts, which shall be the same as
those for the election of members of the board of supervisors, and may be
subdivided thereafter into voting precincts; and there shall be only one (1)
voting place in each voting precinct * * *.
Provided, however, that such boundaries, if altered, shall conform to visible
natural or artificial boundaries such as streets, highways, railroads, rivers,
lakes, bayous or other obvious lines of demarcation except county lines and
municipal corporate limits. The board of supervisors * * * shall notify theOffice of the Secretary of State of the
boundary of each supervisors district and voting precinct as then fixed and
shall provide said office a legal description and a map of each supervisors
district and voting precinct and shall indicate the voting place in each such
district. The board of supervisors shall also ensure the legal description
and map of each supervisor's district is available in the circuit clerk's
office for public inspection.
(2) The board of supervisors is authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to purchase improved or unimproved property and to construct, reconstruct, repair, renovate and maintain polling places, or to pay to private property owners reasonable rental fees when the property is used as a polling place for a period not to exceed the day immediately preceding the election, the day of the election, and the day immediately following the election. The county board of supervisors shall ensure each polling place is accessible to all voters, structurally sound, and compliant with the Americans with Disability Act.
(3) All facilities owned or leased by the state, county, municipality, or school district may be made available at no cost to the board of supervisors for use as polling places to such extent as may be agreed to by the authority having control or custody of such facilities.
SECTION 91. Section 23-15-283, Mississippi Code of 1972, is amended as follows:
23-15-283. (1) The board of supervisors shall have power to alter the boundaries of the supervisors districts, voting precincts and the voting place therein. If the board of supervisors orders a change in the boundaries, they shall notify the commissioners of election, who shall at once cause the registration books of voting precincts affected by the order to be changed to conform to the change so as to contain only the names of the qualified electors in the voting precincts as made by the change of boundaries. Upon the order of change in the boundaries of any voting precinct or the voting place therein, the board of supervisors shall notify the Office of the Secretary of State and provide the Office of the Secretary of State a legal description and a map of any boundary change. No change shall be implemented or enforced until the requirements of this section have been met.
(2) Only officials certified by the Secretary of State shall be authorized to implement boundary lines in the Statewide Elections Management System. The training and certification required under this subsection shall be available to the circuit clerk, county election commissioners, or any other individual designated by the board of supervisors to be responsible for imputing boundaries into the Statewide Elections Management System.
(3) Any government entity authorized to adopt, amend, or alter boundaries will immediately forward all amended boundary lines to the appropriate circuit clerk, who shall, if authorized under subsection (2), implement the new boundary lines in the Statewide Elections Management System. If the circuit clerk is not the appropriate person to implement the amended boundary lines, the clerk shall immediately forward a copy of all materials to the appropriate party. Copies of any boundary changes within the county will be maintained in the office of the circuit clerk and be made available for public inspection. No change shall be implemented or enforced until the requirements of this section have been met.
SECTION 92. Section 23-15-293, Mississippi Code of 1972, is amended as follows:
23-15-293. Candidates for
state * * *,
state district * * * and * * * legislative offices * * * shall be voted for and nominated
by all the counties or parts of counties within their respective districts, and
all said district nominations shall be under the supervision and control of the
state executive committee of the respective political parties, which committees
shall discharge in respect to such state district nominations all the powers
and duties imposed upon them in connection with nominations of candidates for
other state officers.
SECTION 93. Section 23-15-296, Mississippi Code of 1972, is amended as follows:
23-15-296. All political
parties registered with the Secretary of State shall notify the Secretary of
State in writing within two (2) working days of each qualifying deadline of the
name, mailing address and office sought of all candidates for statewide, state
district and legislative office who have submitted qualifying papers to the
political party on or before the qualifying deadline * * *.
SECTION 94. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) * * * Assessments made pursuant to paragraphs
(a), (b) and (c) of Section 23-15-297 and assessments made pursuant to
paragraph (d) of Section 23-15-297 for legislative offices shall be paid by
each candidate to the secretary of the state executive committee with which the
candidate is affiliated by 5:00 p.m. on March 1 of the year in which the
primary election for the office is held * * *. If March 1 or the qualifying deadline provided by statute
for the office occurs on a Saturday, Sunday or legal holiday, then the
assessments required by this subsection shall be due by 5:00 p.m. on the last
business day immediately preceding March 1 or such qualifying deadline.
* * *
(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for legislative offices, shall be paid by each candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. If March 1 or the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required by this subsection shall be due by 5:00 p.m. on the last business day immediately preceding March 1 or such qualifying deadline. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days. No candidate may attempt to qualify with any political party which does not have a duly organized county executive committee, and the circuit clerk shall not accept any assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297 for non legislative offices in which the circuit clerk does not have contact information for the secretary of the county executive committee.
(3) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required by this subsection shall be due by 5:00 p.m. on the last business day immediately preceding March 1 or such qualifying deadline. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated and the office for which he or she is a candidate.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot.
(5) The secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.
(7) Upon receipt of the proper fee and all necessary information, the proper executive committee shall then determine whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve at the time of the qualifying deadline unless otherwise provided by law, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper executive committee finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, e-mail and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot. If the proper executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 95. Section 23-15-303, Mississippi Code of 1972, is amended as follows:
23-15-303. When two (2) or more political parties or political organizations are holding primary elections, each shall be conducted entirely independent of the other but at the same time.
* * *
SECTION 96. Section 23-15-307, Mississippi Code of 1972, is amended as follows:
23-15-307. The name of any
candidate shall not be placed upon the official ballot in general elections as
a party nominee who is not nominated as herein provided, and the election of
any party nominee who shall be nominated otherwise than as provided in this
chapter shall be void and he shall not be entitled to hold the office to which
he may have been elected. * * * No political party shall be entitled to recognition, as such, in the
appointment of the county or precinct election officers, unless it has made its
nominations as herein provided.
SECTION 97. Section 23-15-309, Mississippi Code of 1972, is amended as follows:
23-15-309. (1) Nominations for all municipal officers which are elective shall be made at a primary election, or elections, to be held in the manner prescribed by law. All persons desiring to be candidates for the nomination in the primary elections shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least sixty (60) days prior to the first primary election, no later than 5:00 p.m. on such deadline day.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he is affiliated, and the office for which he is a candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. No candidate may attempt to qualify with any political party which does not have a duly organized municipal executive committee, and the municipal clerk shall not accept any assessments made pursuant to paragraph (1) in which the municipal clerk does not have contact information for the secretary of the municipal executive committee. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. Such funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) Upon receipt of the
above information, the proper municipal executive committee shall then
determine, at the time of the qualifying deadline, whether each
candidate is a qualified elector of the municipality, and of the ward if the
office sought is a ward office, shall determine whether each candidate either
meets all other qualifications to hold the office he is seeking or presents
absolute proof that he will, subject to no contingencies, meet all
qualifications on or before the date of the general or special election at
which he could be elected to office. The executive committee shall determine
whether the candidate has taken the steps necessary to qualify for more than
one (1) office at the election. The committee also shall determine whether any
candidate has been convicted of any felony in a court of this state, or has
been convicted on or after December 8, 1992, of any offense in another state
which is a felony under the laws of this state, or has been convicted of any
felony in a federal court on or after December 8, 1992. Excepted from the
above are convictions of manslaughter and violations of the United States
Internal Revenue Code or any violations of the tax laws of this state unless
such offense also involved misuse or abuse of his office or money coming into
his hands by virtue of his office. If the proper municipal executive committee
finds that a candidate either (a) does not meet all qualifications to hold the
office he seeks and fails to provide absolute proof, subject to no
contingencies, that he will meet the qualifications on or before the date of
the general or special election at which he could be elected, or (b) has been
convicted of a felony as described in this subsection and not pardoned, then
the * * * executive
committee shall notify the candidate and give the candidate an opportunity to
be heard. The executive committee shall mail notice to the candidate at least
three (3) business days before the hearing to the address provided by the
candidate on the qualifying forms, and the committee shall attempt to contact
the candidate by telephone, e-mail and facsimile if the candidate provided this
information on the forms. If the candidate fails to appear at the hearing or
to prove he meets all qualifications to hold the office subject to no
contingencies, then the name of such candidate shall not be placed upon the
ballot. If the executive committee determines that the candidate has taken
the steps necessary to qualify for more than one (1) office at the election,
the action required by Section 23-15-905, shall be taken.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 98. Section 23-15-311, Mississippi Code of 1972, is amended as follows:
23-15-311. All the expenses
of printing the tickets, paying the managers, clerks and returning officer of a
municipal primary election shall be paid by the municipality from the general
funds thereof, but such officers of primary elections shall receive only such
compensation as is authorized by law or ordinance to be paid managers, clerks
and returning officer for like services rendered in the * * * general elections held
in such municipality.
SECTION 99. Section 23-15-333, Mississippi Code of 1972, is amended as follows:
23-15-333. (1) The county executive committee shall have printed all necessary ballots, for use in primary elections. The county executive committee shall have printed all necessary absentee ballots forty-five (45) days prior to the election as required by law. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. Except as otherwise provided in subsection (2) of this section, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed.
(2) The order in which the titles for the various offices shall be listed in the following order:
(a) Candidates,
electors or delegates for the following national offices * * *:
(i) President of the United States of America;
(ii) United States Senator or United States Representative;
(b) Candidates for the following statewide offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance;
(c) Candidates for the
following state district offices * * *: Mississippi Transportation Commissioner,
Public Service Commissioner, District Attorney;
(d) Candidates for the
following legislative offices * * *: Senator and House of Representatives;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the
titles for the various offices are listed within each of the categories listed
in * * *
paragraphs (e) and (f) are left to the discretion of the county
executive committee. Candidates' names shall be listed alphabetically under
each office by the candidate's last name.
(3) * * * If after the deadline to qualify as a
candidate for an office, there shall be only one (1) person who has duly
qualified to be a candidate for the office in the primary election, the name of
such person shall be placed on the ballot; provided, however, that if there
shall be not more than one (1) person duly qualified to be a candidate for each
office on the primary election ballot, the election for all offices on the
ballot shall be dispensed with and the appropriate executive committee shall
declare each candidate as the party nominee if the candidate meets all the
qualifications to hold the office.
(4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
SECTION 100. Section 23-15-351, Mississippi Code of 1972, is amended as follows:
23-15-351. It shall be the duty of the chairman of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the said election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law. The printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.
* * *
SECTION 101. Section 23-15-353, Mississippi Code of 1972, is amended as follows:
23-15-353. 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. * * *
SECTION 102. Section 23-15-355, Mississippi Code of 1972, is amended as follows:
23-15-355. Ballots in all
elections shall be printed and distributed at public expense and shall be known
as "official ballots." The expense of printing such ballots shall be
paid out of the county treasury, except that in municipal elections such
expenses shall be paid by the respective cities, towns and villages. * * *
SECTION 103. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures, if the candidates meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of such political party. In the event such candidate qualifies as an independent as provided in this section, he shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the State Board of Election Commissioners by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates for nominations in the political party primary elections are required to pay the fee provided for in Section 23-15-297, Mississippi Code of 1972; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices
described in paragraphs (f) and (g) of subsection (1) of this section shall be
filed with the proper circuit clerk by no later than 5:00 p.m. on the same date
or business day, as applicable, by which candidates for nominations in the
political party elections are required to pay the fee provided for in Section
23-15-297; however, no petition may be filed before January 1 of the year in
which the election for the office is held. The circuit clerk shall notify the
county election commissioners * * * of all persons who have filed
petitions with such clerk. Such notification shall occur within two (2)
business days and shall contain all necessary information.
(5) The commissioners may
also have printed upon the ballot any local issue election matter that is
authorized to be held on the same date as the regular or general election
pursuant to Section 23-15-375; however, the ballot form of such local issue
must be filed with the election commissioners * * * by the appropriate governing
authority not less than sixty (60) days * * * before the date of the
election.
(6) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(7) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the State Board of Election Commissioners and signed by not less than fifty (50) qualified electors.
(8) The appropriate
election commission shall determine whether each candidate is a qualified
elector of the state, state district, county or county district they seek to
serve, and whether each candidate meets all other qualifications to hold the
office he is seeking or presents absolute proof that he will, subject to no
contingencies, meet all qualifications on or before the date of the general or
special election at which he could be elected to office. The election
commission shall determine whether the candidate has taken the steps necessary
to qualify for more than one (1) office at the election. The election
commission also shall determine whether any candidate has been convicted of any
felony in a court of this state, or has been convicted on or after December 8,
1992, of any offense in another state which is a felony under the laws of this
state, or has been convicted of any felony in a federal court on or after
December 8, 1992. Excepted from the above are convictions of manslaughter and
violations of the United States Internal Revenue Code or any violations of the
tax laws of this state, unless the offense also involved misuse or abuse of his
office or money coming into his hands by virtue of his office. If the
appropriate election commission finds that a candidate either (a) is not a
qualified elector, (b) does not meet all qualifications to hold the office he
seeks and fails to provide absolute proof, subject to no contingencies, that he
will meet the qualifications on or before the date of the general or special
election at which he could be elected, or (c) has been convicted of a felony as
described in this subsection, and not pardoned, then the * * * election commission shall notify the candidate and give
the candidate an opportunity to be heard. The election commission shall mail
notice to the candidate at least three (3) business days before the hearing to
the address provided by the candidate on the qualifying forms, and the
committee shall attempt to contact the candidate by telephone, e-mail and
facsimile if the candidate provided this information on the forms. If the
candidate fails to appear at the hearing or to prove he meets all
qualifications to hold the office subject to no contingencies, then the name of
such candidate shall not be placed upon the ballot. If the appropriate
election commission determines that the candidate has taken the steps necessary
to qualify for more than one (1) office at the election, the action required by
Section 23-15-905, shall be taken.
(9) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election, the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (8) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(10) The petition required by this section may not be filed by using the Internet.
SECTION 104. Section 23-15-361, Mississippi Code of 1972, is amended as follows:
23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant in the primary election, and that the person whose name is presented by him was nominated by such primary election. The municipal election commissioner designated to have the ballots printed shall also have printed on the ballot in any municipal general election the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality or a municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality or a municipal district having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition
required above shall be filed no later than 5:00 p.m. on the same date by which
candidates for nomination in the municipal primary election are required to pay
the fee provided for in Section 23-15-309, the name of the person requested to
be a candidate, unless nominated by a political party, shall not be placed upon
the ballot. The ballot shall contain the names of each candidate for each
municipal office, and such names shall be listed under the name of the political
party such candidate represents as provided by law and as certified to the
municipal clerk by the municipal executive committee of such political party. * * * In the event such candidate qualifies as
an independent as herein provided, he shall be listed on the ballot as an
independent candidate.
(3) The clerk of the
municipality shall notify the municipal election commissioners * * * of all persons who have filed
petitions pursuant to subsection (1) of this section within two (2) business
days of the date of filing.
(4) The ballot in elections to fill vacancies in municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal
commission shall determine whether each party candidate in the municipal
general election is a qualified elector of the municipality, and of the ward if
the office sought is a ward office and shall determine whether each candidate either
meets all other qualifications to hold the office he is seeking or presents
absolute proof that he will, subject to no contingencies, meet all
qualifications on or before the date of the general or special election at
which he could be elected to office. The municipal election commission also
shall determine whether any candidate has been convicted of any felony in a
court of this state, or has been convicted on or after December 8, 1992, of any
offense in another state which is a felony under the laws of this state, or has
been convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the
United States Internal Revenue Code or any violations of the tax laws of this
state unless such offense also involved misuse or abuse of his office or money
coming into his hands by virtue of his office. If the municipal election
commission finds that a candidate either (a) is not a qualified elector, (b)
does not meet all qualifications to hold the office he seeks and fails to
provide absolute proof, subject to no contingencies, that he will meet the
qualifications on or before the date of the general or special election at
which he could be elected, or (c) has been convicted of a felony as described
above and not pardoned, then the * * *
election commission shall notify the candidate and give the candidate an
opportunity to be heard. The election commission shall mail notice to the
candidate at least three (3) business days before the hearing to the address
provided by the candidate on the qualifying forms, and the committee shall
attempt to contact the candidate by telephone, e-mail and facsimile if the
candidate provided this information on the forms. If the candidate fails to
appear at the hearing or to prove he meets all qualifications to hold the
office subject to no contingencies, then the name of the candidate shall not be
placed upon the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 105. Section 23-15-365, Mississippi Code of 1972, is amended as follows:
23-15-365. (1) * * * (a) In general and special
elections, there shall be left on each ballot one (1) blank space under the
title of each office to be voted for, and in the event of the death,
resignation, withdrawal or removal of any candidate whose name shall have been
printed on the official ballot, the name of the candidate duly substituted in
the place of such candidate who is qualified to hold the office may be
written in such blank space by the voter.
(b) In all primary elections, there shall be left on each ballot one (1) blank space under the title of each office to be voted for, and in the event of the death, resignation, or withdrawal of a candidate as provided for in Section 23-15-11-29(4)(b), the name of any individual who is qualified to hold the office may be written in such blank space by the voter.
(2) The provisions of subsection (1) of this section shall not apply to elections conducted under the Nonpartisan Judicial Election Act.
SECTION 106. Section 23-15-367, Mississippi Code of 1972, is amended as follows:
23-15-367. (1) Except as
otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2)
of this section, * * * the size, print and
quality of paper of the official ballot is left to the discretion of the
officer charged with printing the official ballot.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates,
electors or delegates for the following national offices * * *:
(i) President;
(ii) United States Senator or United States Representative;
(b) Candidates for the
following statewide office * * *: Governor, Lieutenant Governor,
Secretary of State, Attorney General, State Treasurer, Auditor of Public
Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance;
(c) Candidates for the
following state district offices * * *: Mississippi Transportation
Commissioner, Public Service Commissioner, District Attorney;
(d) Candidates for the
following legislative offices * * *: Senator and House of
Representatives;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the
titles for the various offices are listed within * * *
paragraphs (e) and (f) is left to the discretion of the * * *.
Nominees of political parties, qualified to conduct primary elections as
defined in Section 23-15-291, shall be listed first alphabetically by the
candidate's last name, followed by any other candidates listed alphabetically
by last name.
(3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated commissioner of each county a sample of the official ballot, not less than fifty-five (55) days prior to the election, the general form of which shall be followed as nearly as practicable.
SECTION 107. Section 23-15-369, Mississippi Code of 1972, is amended as follows:
23-15-369. (1) (a) Whenever a constitutional amendment is submitted to the vote of the people, the substance of such amendment shall be printed in clear and unambiguous language on the ballot after the list of candidates, if any, followed by the word "YES" and also by the word "NO", and shall be styled in such a manner that a "YES" vote will indicate approval of the proposal and a "NO" vote will indicate rejection.
(b) The substance of the amendment shall be an explanatory statement not exceeding seventy-five (75) words in length of the chief purpose of the measure. Such statement shall be prepared by the Legislature and included in the concurrent resolution proposing the amendment to the Constitution. The statement shall avoid, whenever possible, the use of legal terminology or jargon and shall use instead, simple, ordinary, everyday language. The Secretary of State shall give each proposed constitutional amendment a designating number for convenient reference specific to the election in which the amendment appears on the ballot. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification of the amendments. The Secretary of State shall furnish the designating number and the substance of each amendment to the circuit clerk of each county in which such amendment is to be voted on.
(c) The full text of each proposed constitutional amendment shall be published by the Secretary of State as provided for in Section 7-3-39, Mississippi Code of 1972, and shall be posted prominently in all polling places, with copies of said proposed amendment to be otherwise available at each polling place.
(2) Except as may be otherwise provided in subsection (1) of this section, whenever any public measure, question or matter that requires an affirmative or negative vote is submitted to a vote of the electors, the measure or matter shall be printed on the ballot and also the words "FOR" or "AGAINST" to be so arranged by the proper officer so that the voter can intelligently vote his preference.
SECTION 108. Section 23-15-371, Mississippi Code of 1972, is amended as follows:
23-15-371. In case the
official ballots prepared shall be lost or destroyed, the election
commissioners * * * shall have like ballots furnished in place of those lost or
destroyed, if time remain therefor. If from any cause there should be no
official ballots or an insufficient number at a voting place, and not
sufficient time in which to have them printed, the ballots may be written; but,
if written by anyone except the voter alone for himself, the names of all
candidates shall be written thereon, without any mark or device by which one
name may be distinguished from another, and such ballots shall be marked by the
voter as provided for printed ballots. If the manager designated fails to have
the ballots at the voting place at the proper time, or if he fails to
distribute them, the managers, or those of them present at the election, shall
provide ballots, and select some suitable person to distribute them, who shall
take the oath required of the managers, and distribute the ballots according to
law.
SECTION 109. Section 23-15-373, Mississippi Code of 1972, is amended as follows:
23-15-373. Within one (1)
day after election day, the poll managers * * * shall report to the election
commissioners, under oath, as to the loss of official ballots, the number lost,
and all facts connected therewith, which report the commissioners may deliver
to the grand jury, if deemed advisable.
SECTION 110. Section 23-15-375, Mississippi Code of 1972, is amended as follows:
23-15-375. Local issue elections may be held on the same date as any regular or general election, but not the same date as a primary election. A local issue election held on the same date as the regular or general election shall be conducted in the same manner as the regular or general election using the same poll workers and the same equipment. A local issue may be placed on the regular or general election ballot pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972. The provisions of this section and Section 23-15-359 with regard to local issue elections shall not be construed to affect any statutory requirements specifying the notice procedure and the necessary percentage of qualified electors voting in such an election which is needed for adoption of the local issue. Whether or not a local issue is adopted or defeated at a local issue election held on the same day as a regular or general election shall be determined in accordance with relevant statutory requirements regarding the necessary percentage of qualified electors who voted in such local issue election, and only those persons voting for or against such issue shall be counted in making that determination. As used in this section "local issue elections" include elections regarding the issuance of bonds, local option elections, elections regarding the levy of additional ad valorem taxes and other similar elections authorized by law that are called to consider issues that affect a single local governmental entity. As used in this section "local issue" means any issue that may be voted on in a local issue election.
SECTION 111. Section 23-15-391, Mississippi Code of 1972, is amended as follows:
23-15-391. The board of
supervisors of each county * * * and the
governing authorities of each municipality shall utilize * * *
optical mark reading equipment or direct recording electronic voting equipment
which shall comply with the specifications provided by law. The election
commissioners may * * *
conduct special and municipal elections * * *, as well as runoff
elections that result, by paper ballot * * * when the election commissioners
determine that administration of an election by paper ballot will be less
expensive than administration of the same election by* * *
optical mark reading equipment or direct recording electronic voting equipment.
SECTION 112. Section 23-15-503, Mississippi Code of 1972, is amended as follows:
23-15-503. As used in this subarticle, unless otherwise specified:
(a) "Optimal
mark reading (OMR)" means * * * a method of capturing
data electronically into a computer system.
(b) "Optical mark
reading equipment (OMR)" means an * * * apparatus * * * that reads pen and pencil marks
made in predefined positions on paper ballots to automatically examine and
count votes * * *.
(c) "Counting center" means one or more locations used for the automatic counting of ballots.
(d) * * * [Deleted]
(e) "Marking device"
means a pen or pencil * * *
that the voters use to record their * * * paper ballots, readable
by the OMR equipment.
(f) "Ballot" means a paper ballot on which votes are recorded by means of marking the ballot with a marking device.
SECTION 113. Section 23-15-505, Mississippi Code of 1972, is amended as follows:
23-15-505. The board of
supervisors of any county * * *in the State of Mississippi and the governing authorities of
any municipality * * * are hereby authorized and empowered, in
their discretion, to purchase or rent optical mark reading equipment * * * which meets
the requirements of Section 23-15-507 and may use such system in all or a part
of the precincts within its boundaries. * * * The provisions
of this chapter shall be controlling with respect to elections * * * in which OMR * * * equipment is used, and shall be
liberally construed so as to carry out the purpose of this chapter. The
provisions of the election law relating to the conduct of elections with paper
ballots, * * * insofar as they are applicable, * * * shall apply.
SECTION 114. Section 23-15-507, Mississippi Code of 1972, is amended as follows:
23-15-507. No * * * OMR equipment
shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit * * * eligible voters to vote at
any election for all persons * * * for whom * * * they are lawfully entitled to
vote; to vote for as many persons for an office as they are lawfully
entitled to vote * * *;
to vote for or against any * * * ballot initiative, measure or
other local issue upon which they are lawfully entitled to vote;
(b) The OMR tabulating
equipment shall be capable of rejecting choices * * * marked on the ballot if the
number of choices exceeds the number which the voter is entitled to vote for
the office or on the measure;
(c) Permit each voter, * * * in presidential elections, by one (1)
mark to vote for the candidates of that party for President, Vice President,
and their presidential electors, or to vote individually for the electors of
their choice when permitted by law;
(d) Permit each voter, * * * in other than primary elections, to
vote for the nominees of one or more parties and for independent * * * candidates;
(e) Permit each voter to vote for candidates only in the primary in which they are qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot;
(g) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;
(h) Be provided with
means for sealing the ballots after the close of the polls * * *;
(i) When properly operated, record correctly and count accurately all votes cast; and
(j) Provide the voter
with a set of instructions that will be * * * displayed in such a way that a voter
may readily learn the method of voting.
SECTION 115. Section 23-15-511, Mississippi Code of 1972, is amended as follows:
23-15-511. The ballots
shall, as far as practicable, * * * be in the same order of arrangement as
provided for paper ballots that are to be counted manually, except that such
information may be printed in vertical or horizontal rows. Nothing in this
chapter shall be construed as prohibiting the information being presented to
the voters from being printed on both sides of a single ballot. In those years
when a special election shall occur on the same day as the general election,
the names of candidates in any special election and the general election shall
be placed on the same ballot by the election commissioners * * * or officials in charge of the
election, but the general election candidates shall be clearly distinguished
from the special election candidates. At any time a special election is held
on the same day as a party primary election, the names of the candidates in the
special election may be placed on the same ballot by the officials in charge
of the election, but shall be clearly distinguished as special election
candidates or primary election candidates.
Ballots shall be printed in
plain clear type in black ink and upon clear white materials of such size and
arrangement as to be compatible with the OMR tabulating equipment. * * * Arrows may be printed on the ballot to
indicate the place to mark the ballot, which may be to the right or left of the
names of candidates and propositions. The titles of offices may be arranged in
vertical columns on the ballot and shall be printed above or at the side of the
names of candidates so as to indicate clearly the candidates for each office
and the number to be elected. In case there are more candidates for an office * * * than can be printed in one (1)
column, the ballot shall be clearly marked that the list of candidates is
continued on the following column. The names of candidates for each office
shall be printed in vertical columns, grouped by the offices which they seek.
In partisan elections, the party designation of each candidate, which may be
abbreviated, shall be printed following his name.
* * * One (1) sample ballot * * *, which shall be a facsimile * * * of the official ballot and instructions
to the voters, shall be provided for each precinct and shall be posted in each
polling place on election day.
A separate ballot security
envelope or suitable equivalent in which the voter can place his ballot after
voting, shall be provided to conceal the choices the voter has made. * * *
SECTION 116. Section 23-15-513, Mississippi Code of 1972, is amended as follows:
23-15-513. (1) The official ballots, sample ballots and other necessary forms and supplies of the forms and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same official, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots that are to be counted manually.
(2) For each primary * * * election, the number of
official ballots that shall be printed by each executive committee shall
be * * * not less than one hundred
twenty-five percent (125%) of the highest number of votes cast in a comparable
primary election conducted by the same political party in the preceding ten
(10) years.
(3) For each general election, the number of official ballots that shall be printed shall be a number equal to not less than sixty percent (60%) of the registered voters eligible to vote in the election.
SECTION 117. Section 23-15-515, Mississippi Code of 1972, is amended as follows:
23-15-515. The circuit * * * clerk shall be the custodian of OMR * * * equipment acquired by the county,
who shall be charged with the proper storage, maintenance and repair of the OMR
equipment. * * *
The municipal clerk shall be the custodian of the OMR equipment
acquired by the municipality, and shall be charged with the proper storage,
maintenance and repair of the OMR equipment. The custodian or the officials in
charge of the election shall repair or replace any * * * OMR equipment which fails to
function properly on election day. * * *
SECTION 118. Section 23-15-517, Mississippi Code of 1972, is amended as follows:
23-15-517. At least * * * one (1) hour before
the opening of the polls, the * * * officials
in charge of the election shall arrive at the polling place and set up the
voting booths so that they will be in clear view of the * * * poll managers; the * * * poll
managers shall examine the ballots to verify that they have the correct
ballots for their precinct and check the supplies, records and forms, and post
the sample ballots and instructions to the voters. They shall
also inspect the ballot boxes to insure they * * * contain only voted absentee
ballots in their envelopes with the required applications, and then seal
the box for voting.
Each voter shall receive
written and/or verbal instructions by the * * * poll
managers instructing the voter how to properly vote the paper ballot before * * * the voter enters the voting
booth. If any voter needs additional instructions after entering the voting
booth, two (2) * * * poll managers may, if necessary, enter the booth and
give him such additional instructions. If any voter spoils a ballot * * * the voter may obtain others, one (1)
at a time, not exceeding three (3) in all, upon returning each spoiled ballot.
The word "SPOILED" shall be written across the face of the ballot and
it shall be * * * deposited into the sealed ballot
box. * * * When
the polls close once the last ballot has been cast or at 7:00 p.m., whichever
is later, and the poll managers break the seal on the ballot box to process the
absentee ballots, ballots marked as spoiled shall be bundled together and
placed in an envelope designated for spoiled ballots. Once the polls have
officially closed, the envelope that contains the spoiled ballots and the
unused ballots shall be placed in * * * the ballot box or such other
container provided for that purpose which shall be sealed and returned to
the officials in charge of the election.
SECTION 119. Section 23-15-519, Mississippi Code of 1972, is amended as follows:
23-15-519. The managers
shall prepare a ballot accounting report * * * that documents the
number of voters who have voted, as indicated by the * * * receipt book
and the number of ballots used in the election. The report shall be
placed in the ballot box, with the receipt books, absentee ballots,
affidavit ballots, challenged ballots, curbside ballots, emergency ballots,
spoiled ballots and unused ballots, which thereupon shall be sealed with a * * * tamper-proof seal * * * so that no additional
ballots may be deposited or removed from the ballot box. The receiving and
returning poll manager * * *
shall * * *
deliver the ballot box to the counting center or other designated place and
receive a signed, numbered receipt therefor. The poll * * *
books and other records and supplies * * * shall be returned as directed by the
officials in charge of the election.
SECTION 120. Section 23-15-521, Mississippi Code of 1972, is amended as follows:
23-15-521. Prior to the
start of the count of the ballots, the election commissioners * * *,
or their designees, shall have the OMR * * * equipment tested to ascertain that
it will accurately count the votes cast for all offices and on all measures.
Representatives of the political parties, candidates, the press and the general
public may witness the test conducted on the OMR * * * equipment. The test shall be
conducted by processing a preaudited group of ballots so marked as to record a
predetermined number of valid votes for each candidate and on each measure, and
shall include for each office one or more ballots which have votes in excess of
the number allowed by law in order to test the ability of the OMR * * * equipment to reject such votes. If
any error is detected, the cause therefor shall be ascertained and corrected
and an errorless count shall be made and certified to by the officials in
charge before the count is started. On completion of the count, the programs,
test materials and ballots shall be sealed and retained as provided for paper
ballots.
SECTION 121. Section 23-15-523, Mississippi Code of 1972, is amended as follows:
23-15-523. (1) All
proceedings at the counting center shall be under the direction of the election
commissioners * * * and shall be
conducted under the observations of the public, but no persons except those
authorized for the purpose shall touch any ballot. All persons who are engaged
in processing and counting of the ballots shall * * * take the oath provided
in Section 268, Mississippi Constitution of 1890.
(2) The election
commissioners * * * shall appoint
qualified electors who have received the training required by subsection (11)
of this section to serve as * * * members of the
"resolution board." An odd number of not less than three (3) members
shall be appointed to the resolution board. The members of the board shall
take the oath provided in Section 268, Mississippi Constitution of 1890. All
ballots that have been rejected by the OMR tabulating equipment and that are
damaged or defective, blank or overvoted will be reviewed by said board. Election
commissioners * * *, candidates who are on the ballot * * * and the spouse, parents,
siblings or children of * * *such a candidate shall not be appointed to the resolution
board. * * * In general and special elections,
members of the party executive committees shall not be appointed to the
resolution board unless members of all of the party executive committees who
have a candidate on the ballot are appointed to the resolution board.
(3) (a) If any ballot is damaged or defective so that it cannot be properly counted by the OMR tabulating equipment, the ballot will be deposited in an envelope provided for that purpose marked "RESOLUTION BOARD." All such ballots shall be carefully handled so as to avoid altering, removing or adding any mark on the ballot.
(b) The election
commissioners of election * * * or the officials in charge of the election shall have the * * * members of the resolution
board ascertain the intent of the voter, if possible, and, if so,
manually count any damaged or defective ballots * * *.
(c) * * * The resolution board * * * shall prepare a duplicate to the damaged or
defective ballot in the following manner:
(i) The resolution board shall prepare a duplicate to the original damaged or defective ballot marked identically to the original.
(ii) The resolution board shall mark the first original they examine as "Original #1" and the duplicate of this original as "Duplicate #1." Subsequent originals and duplicates shall be likewise marked and numbered consecutively so the duplicate of each original can be identified. Duplicate ballots shall be stamped in a different manner from the original ballots so that they may be easily distinguished from the originals.
(iii) The duplicate ballots prepared pursuant to this paragraph shall be counted by the OMR tabulating equipment.
(4) Ballots that have been
rejected by the OMR tabulating equipment for appearing to be "blank"
shall be examined by the resolution board to verify if they are blank or
were marked with a "nondetectable" marking device. If it is
determined that the ballot was marked with a nondetectable device, the
resolution board * * * shall
prepare a duplicate to the original blank ballot in the same manner and in
accordance with the same process set forth above at subsection (3)(c).
(5) All ballots that are
rejected by the OMR * * *
equipment and which contain overvotes shall be inspected by the resolution
board. * * *
The rejected ballots upon which an overvote appears and voter intent
cannot be determined by * * *inspection of the resolution board, the officials in charge of
the election may use the OMR * * * equipment in determining the vote in
the races which are unaffected by the overvote. All other ballots which are
overvoted shall be counted manually following the provisions of this section at
the direction of the officials in charge of the election. * * * The return
printed by the OMR * * *
equipment to which have been added the manually tallied ballots, which shall be
duly certified by the officials in charge of the election, shall constitute the
official return of each voting precinct. Unofficial and incomplete returns may
be released during the count. Upon the completion of the counting, the
official returns shall be open to the public.
(6) When the resolution
board reviews any OMR ballot in which the voter has failed to fill in the
arrow, oval, circle or square for a candidate or a ballot measure * * *, the
resolution board shall, if the intent of the voter can be ascertained, count
the vote if:
(a) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect within or on the line of the arrow, oval, circle or square by the ballot measure or the name of the candidate.
(b) The voter blackens the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate in pencil or ink and the blackened portion extends beyond the boundaries of the arrow, oval, circle or square.
(c) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect adjacent to the ballot measure or the name of the candidate.
(d) The voter underlines the ballot measure or the name of a candidate.
(e) The voter draws a line from the arrow, oval, circle or square to a ballot measure or the name of a candidate.
(f) The voter draws a circle or oval around the ballot measure or the name of the candidate.
(g) The voter draws a circle or oval around the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate.
(7) The resolution board,
when inspecting an OMR ballot which contains or appears to contain one or more
overvotes, appears to be damaged or defective, or is rejected by the OMR * * * equipment for any reason or cannot
be counted by the OMR * * *
equipment, shall make its determination in accordance with the following:
(a) When an elector
casts more votes for any office or measure than he or she is entitled to cast
at an election, all the elector's votes for that office or measure are invalid
and the elector is deemed to have voted for none of them * * *.
If an elector casts less votes for any office or measure than he or she is
entitled to cast at an election, all votes cast by the elector shall be counted
but no vote shall be counted more than once.
(b) If an elector casts more than one (1) vote for the same candidate for the same office, the first vote is valid and the remaining votes for that candidate are invalid.
(c) No write-in vote
for a candidate whose name is printed on the ballot shall be regarded as * * * invalid due to misspelling a
candidate's name, or by abbreviation, addition or omission or use of a wrong
initial in the name, as long as the intent of the voter can be ascertained.
(d) In any case where a voter writes in the name of a candidate for President of the United States whose name is printed on the general election ballot, the failure by the voter to write in the name of a candidate for the Office of Vice President of the United States on the general election ballot does not invalidate the elector's vote for the slate of electors for any candidate whose name is written in for the Office of President of the United States.
(e) For any ballot measure in which the words "for" or "against" are printed on a ballot, if the voter shall write the word "for" or the word "against" instead of or in addition to marking the ballot in accordance with the ballot instruction in the space adjacent to the preprinted words "for" or "against," the resolution board shall, in reviewing such ballot, count the vote in accordance with the voter's handwritten preference, unless the voter marks the ballot in the space adjacent to the preprinted words "for" or "against" contrary to the handwritten preference, in which case no vote shall be recorded for such ballot in regard to the ballot measure.
(f) For any ballot measure in which the words "yes" or "no" are printed on a ballot, if the voter shall write the word "yes" or the word "no" instead of or in addition to marking the ballot in accordance with the ballot instructions in the space adjacent to the preprinted words "yes" or "no," the resolution board shall, in reviewing such ballot, count the vote in accordance with the voter's handwritten preference, unless the voter marks the ballot in the space adjacent to the preprinted words "yes" or "no" contrary to the handwritten preference, in which case no vote shall be recorded for such ballot in regard to the ballot measure.
(8) OMR * * * equipment shall be programmed,
calibrated, adjusted and set up to reject ballots * * * that appear to be damaged or defective.
Any switch, lever or feature on OMR * * * equipment that enables or permits
the OMR * * *
equipment to override the rejection of damaged or defective ballots * * * so that such * * * ballots will not be reviewed by
the resolution board, shall not be utilized.
(9) Ballots shall be manually counted by the resolution board only when the ballots are:
(a) Properly before the resolution board due to being rejected by the OMR tabulating equipment because the ballots appear to be damaged or defective or are rejected by the OMR equipment for any other reason; or
(b) Properly before the resolution board due to a malfunction in the OMR tabulating equipment.
(10) The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
(11) * * * The
executive committee of each county or municipality, in the case of a primary
election, or the election commissioners of each county or municipality, in the
case of all other elections, in conjunction with the circuit or municipal clerk
respectively, shall sponsor and conduct, a training session for up to two (2)
hours, not less than five (5) days prior to each election, to instruct those
qualified electors who are appointed to serve as members of the resolution
board as to their specific duties in the election. No member appointed to
serve on the resolution board shall serve in any election unless he has received
such instruction once during the twelve (12) months immediately preceding the
date upon which such election is held. Online training courses developed by the
Secretary of State, though not sponsored or conducted by the executive
committee or the election commissioners, may be utilized to meet the
requirements of this subsection (11).
SECTION 122. Section 23-15-525, Mississippi Code of 1972, is amended as follows:
23-15-525. (1) The
Secretary of State shall have the power to issue supplementary instructions and
procedures for the safe and efficient use of OMR * * * equipment within the State of
Mississippi and to carry out the purpose of the chapter. Subject to such
instructions and procedures provided by the Secretary of State and the
provisions of this chapter, the election commissioners * * * shall have the power to make * * * additional
provisions for the conduct of elections with * * * the OMR
equipment.
(2) If for any reason the OMR equipment shall become inoperable, the poll managers shall direct voters to operating OMR equipment or to cast emergency paper ballots. Such paper ballots shall be administered in accordance with the laws concerning paper ballots.
SECTION 123. Section 23-15-531, Mississippi Code of 1972, is amended as follows:
23-15-531. * * *
"Direct recording electronic voting equipment (DRE)" means a
computer driven unit for casting and counting votes on which an elector touches
a video screen or a button adjacent to a video screen to cast his or her vote.
SECTION 124. Section 23-15-531.1, Mississippi Code of 1972, is amended as follows:
23-15-531.1. * * *
(1) The board of supervisors of each county and the governing authorities
of each municipality are hereby authorized and empowered, in their discretion,
to purchase or rent direct recording electronic voting equipment which meets
the requirements of subsection (2) of this section and may use such system in
all or a part of the precincts within its boundaries. The provisions of this
chapter shall be controlling with respect to elections in which a DRE system is
used, and shall be liberally construed so as to carry out the purpose of this
chapter. The provisions of the election law relating to the conduct of
elections with paper ballots, insofar as they are applicable, shall apply.
(2) No DRE system shall be acquired or used in accordance with this chapter unless it shall:
(a) Permit the voter to verify, in a private and independent manner, the votes selected by the voter on the ballot before the ballot is cast and counted;
(b) Provide the voter with the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is cast and counted, including, but not limited to, the opportunity to correct the error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct any error;
(c) If the voter * * * chooses more
candidates for a single office than are eligible for election:
(i) Notify the
voter * * *
he or she has selected more candidates for that office than are eligible
for election;
(ii) Notify the voter before his vote is cast and counted of the effect of casting multiple votes for such an office; and
(iii) Provide the
voter with the opportunity to correct the ballot before the ballot is cast and
counted * * *;
(d) Produce a
permanent paper record with a manual audit * * *
capability;
(e) Have the
capability to print the ballots cast by electors * * *;
(f) Be accessible for individuals with disabilities, including, but not limited to, nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters. This requirement may be satisfied through the use of at least one (1) DRE unit or other voting unit equipped for individuals with disabilities at each polling place;
(g) Provide alternative language accessibility pursuant to the requirements of the Voting Rights Act of 1965; and
(h) Have a residual
vote rate in counting ballots attributable to the voting system and not to
voter error that complies with error rate standards established under the
voting system standards issued by the Federal Election Commission * * * in effect as of October 29, 2002.
SECTION 125. Section 23-15-531.2, Mississippi Code of 1972, is amended as follows:
23-15-531.2. DREs shall be arranged in the polling place in such a manner as to:
(a) Ensure the privacy of the elector while voting on such units;
(b) Allow monitoring of the units by the poll managers while the polls are open; and
(c) Permit the public and lawful poll watchers to observe the voting without affecting the privacy of the electors as they vote.
SECTION 126. Section 23-15-531.3, Mississippi Code of 1972, is amended as follows:
23-15-531.3. (1) The ballots for DREs shall be of such size and arrangement as will suit the construction of the DRE screen and shall be in plain, clear type that is easily readable by persons with normal vision.
(2) (a) If the equipment
has the capacity for color display, the names of all candidates in a particular
race shall be displayed in the same color, font and size, and the political
party or affiliation of candidates may be displayed in a color different from
that used to display the names of the candidates, but all political * * * parties or affiliations shall be
displayed in the same color. All political party names shall be displayed in
the same size and font.
(b) All ballot questions, local options, referenda and constitutional amendments shall be displayed in the same color.
SECTION 127. Section 23-15-531.4, Mississippi Code of 1972, is amended as follows:
23-15-531.4. * * *
( * * *1) The circuit clerk shall be the
custodian of the DRE units acquired by the county.
* * *
( * * *2) * * * On or before the third day preceding any
election, except runoff elections, the officials in charge of the election * * *,
who shall be charged with the proper storage, maintenance and repair of the DRE
voting equipment. The municipal clerk shall be the custodian of the DRE voting
equipment acquired by the municipality, who shall be charged with the proper
storage, maintenance and repair of the DRE voting equipment.
* * *
The custodian shall provide compensation for the safe storage and care of the DRE units and related equipment if the same are stored and secured by a person or entity other than the circuit or municipal clerk.
SECTION 128. Section 23-15-531.5, Mississippi Code of 1972, is amended as follows:
23-15-531.5. (1) The arrangement of offices, names of candidates and ballot questions upon the DRE ballots shall conform as nearly as practicable to the arrangement of offices, names of candidates and ballot questions on paper ballots.
(2) * * * The
officials in charge of the election of each county or municipality shall cause
the creation of the database for each DRE unit which is to be used in any
precinct within the county or municipality.
SECTION 129. Section 23-15-531.6, Mississippi Code of 1972, is amended as follows:
23-15-531.6. (1) For each
primary or general election, the officials in charge of the election shall
utilize at least seventy-five percent (75%) of all * * * DRE * * * units available
to the county or municipality, as the case may be. For all other elections
in which the officials in charge of the election choose to utilize DRE voting
equipment, at least one-third (1/3) of all DRE units available to the county or
municipality, as the case may be, shall be used in such election(s).
(2) The officials in charge of the election shall ensure the delivery of the proper DRE units to the polling places of the respective precincts at least one (1) hour before the time for opening the polls at each election and shall cause each unit to be set up in the proper manner for use in voting.
(3) (a) On or before the second day preceding any election, the election commissioners or their designee(s) shall cause each DRE unit to be tested for logic and accuracy, to ascertain the units will correctly count the votes cast for all offices and on all questions in a manner the Secretary of State may further prescribe by rule or regulation.
(b) Public notice of the time and place of the test shall be made at least five (5) days prior thereto. Representatives of candidates, political parties, news media and the public shall be permitted to observe such testing of the DRE units.
(4) The election commissioners or their designee(s) shall test all memory cards and encoders to be used in any election.
(5) The officials in
charge of the election shall require that each DRE unit be * * *, inspected and sealed prior
to the delivery of each DRE unit to the polling place. Prior to opening the
polls each day on which the units will be used in an election, the manager
shall break the seal on each unit, turn on each unit, certify that each unit is
operating properly and is set to zero, and print a zero tape certifying that
each unit is set to zero and shall keep or record such certification on each
unit.
( * * *6) The officials in charge of the
election and poll managers shall provide ample protection against molestation
of and injury to the DRE units, and, for that purpose, the officials in charge
of the election and poll managers may call upon any law enforcement officer to
furnish any assistance that may be necessary. It shall be the duty of any law
enforcement officer to furnish assistance when so requested by the officials in
charge of the election or poll manager.
( * * *7) The officials in charge of the
election, in conjunction with the governing authorities, shall, at least one
(1) hour prior to the opening of the polls:
(a) Provide sufficient lighting to enable electors to read the ballot and which shall be suitable for the use of the poll managers in examining the booth and conducting their responsibilities;
(b) Provide directions
for voting on the DRE units which shall be prominently posted within each
voting booth and at least * * *two (2) one (1) sample ballot * * * for * * * each primary or general election
which shall be prominently posted outside the enclosed space within the polling
place;
(c) Ensure that each
DRE * * * voting
equipment and tabulating mechanism is secure throughout the day * * *; and
(d) Provide such other materials and supplies as may be necessary or required by law.
SECTION 130. Section 23-15-531.7, Mississippi Code of 1972, is amended as follows:
23-15-531.7. * * *
SECTION 131. Section 23-15-531.8, Mississippi Code of 1972, is amended as follows:
23-15-531.8. * * *
SECTION 132. Section 23-15-531.9, Mississippi Code of 1972, is amended as follows:
23-15-531.9. (1) A duly
qualified elector shall cast his vote on a DRE unit by touching the screen or
pressing the appropriate button on the unit for the candidate or * * * ballot measure of the elector's
choice. After pressing the appropriate button on the unit or location on the
screen to cast the ballot, the elector's vote shall be final and shall not be
subsequently altered.
(2) If an elector leaves the voting booth without having pressed the appropriate button on the unit or location on the screen to finally cast his or her ballot and cannot be located to return to the booth to complete the voting process, then a poll manager shall take the steps necessary to void the ballot that was not completed by the elector and an appropriate record shall be made of the event, or the DRE unit shall be allowed to time-out, thereby voiding the ballot.
SECTION 133. Section 23-15-531.10, Mississippi Code of 1972, is amended as follows:
23-15-531.10. (1) In
elections in which DRE voting equipment is used, the ballots shall be counted
at the precinct under the direction of the officials in charge of the
election. All persons who perform any duties at the precinct shall be * * * have taken the * * * oath provided in * * * Section 268 of the
Constitution of the State of Mississippi of 1890 and only such
persons * * *
shall touch any ballot, container, paper or machine utilized in the conduct of
the count or * * *
permitted * * *
in the immediate area * * *.
(2) All proceedings at the precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the officials in charge of the election shall touch any ballot, any DRE unit or the tabulating equipment.
(3) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:
(a) The manager shall obtain the results tape from each DRE unit and verify that the number of ballots cast as recorded on the tape matches the public count number as displayed on the DRE unit; and
(b) * * *
The manager shall * * *
extract the memory card, if applicable, from each DRE unit.
(4) (a) Upon completion of shutting down each DRE unit and extracting the election results, the manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(i) The number of valid ballots;
(ii) The number of
spoiled * * *
ballots;
(iii) The number
of affidavit ballots; * * *
(iv) The number of accepted and rejected absentee ballots;
(v) The number of challenged and rejected ballots; and
(vi) The
number of unused * * *
paper ballots * * *.
(b) The manager shall
cause to be placed in the ballot box or supply container should the
same be capable of being sealed and secured one (1) copy of the recap form * * *, affidavit
ballots, absentee ballots, spoiled * * * ballots, challenged and rejected ballots and
any unused paper ballots.
(5) The manager shall
collect and retain the zero tape and the results tape for each DRE unit and
place the tapes with the memory card, if any, for each unit and enclose all
such items for all of the DRE units used in the precinct in * * * the
memory card transport bag which shall be sealed and initialed by the
manager so that it cannot be opened without breaking the seal. The memory
card transport bag shall be placed in the ballot box.
(6) The receiving and
returning manager shall then deliver the * * * sealed ballot
box to the tabulating center for the county or municipality or to such
other place designated by the officials in charge of the election and shall
receive a receipt therefor. The copies of the recap forms, unused ballots,
records and other materials shall be returned to the designated location and
retained as provided by law.
(7) Upon receipt of the
sealed * * * ballot box and memory card transport bag
therein containing the zero tapes, results tapes and memory cards, the
officials in charge of the election shall * * *
break the seal of the * * * memory card transport bag and remove
its contents. The election officials * * * shall then download
the results stored on the memory card from each DRE unit into the election
management system located at the central tabulation point of the county in
order to obtain election results for certification.
SECTION 134. Section 23-15-531.11, Mississippi Code of 1972, is amended as follows:
23-15-531.11. * * *
SECTION 135. Section 23-15-531.12, Mississippi Code of 1972, is amended as follows:
23-15-531.12. If for any
reason any direct recording electronic voting equipment shall become
inoperable, the poll managers, or the officials in charge of the election,
shall direct voters to * * * an operating * * * DRE unit or to cast * * *
emergency paper ballots. Such paper ballots shall be administered * * * in accordance with
the laws concerning paper ballots.
SECTION 136. Section 23-15-531.13, Mississippi Code of 1972, is amended as follows:
23-15-531.13. * * *
SECTION 137. Section 23-15-541, Mississippi Code of 1972, is amended as follows:
[Until the date Chapter 526, Laws of 2012, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
23-15-541. (1) At all elections, the polls shall be opened at seven o'clock in the morning and be kept open until seven o'clock in the evening and no longer. Upon the opening of the polls, and not before, the managers of the election shall designate two (2) of their number, other than the manager theretofore designated to receive the blank ballots, who shall thereupon be known respectively as the initialing manager and the alternate initialing manager. The alternate initialing manager, in the absence of the initialing manager, shall perform all of the duties and undertake all of the responsibilities of the initialing manager. When any person entitled to vote shall appear to vote, he shall first sign his name in a receipt book or booklet provided for that purpose and to be used at that election only and said receipt book or booklet shall be used in lieu of the list of voters who have voted formerly made by the managers or clerks; whereupon and not before, the initialing manager or, in his absence, the alternate initialing manager shall indorse his initials on the back of an official blank ballot, prepared in accordance with law, and at such place on the back of the ballot that the initials may be seen after the ballot has been marked and folded, and when so endorsed he shall deliver it to the voter, which ballot the voter shall mark in the manner provided by law, which when done the voter shall deliver the same to the initialing manager or, in his absence, to the alternate initialing manager, in the presence of the others, and the manager shall see that the ballot so delivered bears on the back thereof the genuine initials of the initialing manager, or alternate initialing manager, and if so, but not otherwise, the ballot shall be put into the ballot box; and when so done one (1) of the managers or a duly appointed clerk shall make the proper entry on the pollbook. If the voter is unable to write his name on the receipt book, a manager or clerk shall note on the back of the ballot that it was receipted for by his assistance.
(2) (a) A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.
Where the managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) or more managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle, and after determining whether the disabled person is a qualified elector as provided by law, shall allow the disabled elector to cast his or her ballot in secret. After the disabled elector casts his or her ballot, the managers shall mark the pollbook "voted" by the elector's name in the pollbook.
(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing manager or alternate initialing manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "voted" by the elector's name. The initialing manager or alternate initialing manager shall without delay place the ballot in the ballot box.
(c) If, while a voter is voting by curbside, there are less than three (3) managers immediately present within the polling place conducting an election or a political party primary, all voting at the polls shall stop until the managers conducting the curbside voting procedure return so that there are at least three (3) poll managers immediately present within the polling place to conduct the election or party primary at all times, and until a minimum of three (3) managers are present, the remaining poll manager or managers shall ensure the security of the ballot box, the voting devices, and any ballots and election materials.
[From and after the date Chapter 526, Laws of 2012, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
23-15-541. (1) At all elections, the polls shall be opened at seven o'clock in the morning and be kept open until seven o'clock in the evening and no longer. Upon the opening of the polls, and not before, the managers of the election shall designate two (2) of their number, other than the manager theretofore designated to receive the blank ballots, who shall thereupon be known respectively as the initialing manager and the alternate initialing manager. The alternate initialing manager, in the absence of the initialing manager, shall perform all of the duties and undertake all of the responsibilities of the initialing manager. When any person entitled to vote shall appear to vote, the managers shall identify the voter by requiring the voter to submit identification as required by Section 23-15-563, and then the voter shall sign his name in a receipt book or booklet provided for that purpose and to be used at that election only and said receipt book or booklet shall be used in lieu of the list of voters who have voted formerly made by the managers or clerks; whereupon and not before, the initialing manager or, in his absence, the alternate initialing manager shall endorse his initials on the back of an official blank ballot, prepared in accordance with law, and at such place on the back of the ballot that the initials may be seen after the ballot has been marked and folded, and when so endorsed he shall deliver it to the voter, which ballot the voter shall mark in the manner provided by law, which when done the voter shall deliver the ballot to the initialing manager or, in his absence, to the alternate initialing manager, in the presence of the others, and the manager shall see that the ballot so delivered bears on the back thereof the genuine initials of the initialing manager, or alternate initialing manager, and if so, but not otherwise, the ballot shall be put into the ballot box; and when so done one (1) of the managers or a duly appointed clerk shall make the proper entry on the pollbook. If the voter is unable to write his name on the receipt book, a manager or clerk shall note on the back of the ballot that it was receipted for by his assistance.
(2) (a) A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.
Where the managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) or more managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle, and after determining whether the disabled person is a qualified elector as provided by law, shall allow the disabled elector to cast his or her ballot in secret. After the disabled elector casts his or her ballot, the managers shall mark the pollbook "voted" by the elector's name in the pollbook.
(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing manager or alternate initialing manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "voted" by the elector's name. The initialing manager or alternate initialing manager shall without delay place the ballot in the ballot box.
(c) If, while a voter is voting by curbside, there are less than three (3) managers immediately present within the polling place conducting an election or a political party primary, all voting at the polls shall stop until the managers conducting the curbside voting procedure return so that there are at least three (3) poll managers immediately present within the polling place to conduct the election or party primary at all times, and until a minimum of three (3) managers are present, the remaining poll manager or managers shall ensure the security of the ballot box, the voting devices, and any ballots and election materials.
SECTION 138. Section 23-15-543, Mississippi Code of 1972, is amended as follows:
23-15-543. The receipt
booklet, mentioned in Section 23-15-541, shall not be taken out of the polling
place at any time until finally * * * enclosed in the ballot box,
except in case of any adjournment, when the receipt * * * book shall be * * * sealed in the ballot box.
SECTION 139. Section 23-15-547, Mississippi Code of 1972, is amended as follows:
23-15-547. * * * As opposed to placing signatures in a
paper receipt booklet, voters' signatures may be electronically captured in
the * * * polling place and a paper
version thereof generated after the * * * close of the * * * polling place, which shall * * * be sealed
in the ballot box.
SECTION 140. Section 23-15-551, Mississippi Code of 1972, is amended as follows:
23-15-551. On receiving his
ballot, the voter shall * * *forthwith go without undue delay into one of the voting
compartments * * *
and shall there prepare his ballot by marking with ink or indelible pencil on
the appropriate margin or place a cross (X) opposite the name of the candidate
of his choice for each office * * * or by * * * writing in the name of * * * a candidate * * * in the blank space provided * * *, and marking a cross (X) opposite
thereto, and likewise a cross (X) opposite the answer he desires to give in
case of an election on a constitutional amendment, local option election,
referenda or any other question or matter. As an alternative method, a
voter may, at his option, prepare his ballot by marking with ink or indelible
pencil in the appropriate margin or place a check, in the form of and similar
to a "V", opposite the name of the candidate of his choice for each
office * * *
or by * * *
writing in the name of * * * a candidate * * * in the blank space provided * * * and marking a check * * * in the form of and similar to a
"V", opposite thereto, and likewise a check, in the form of and
similar to a "V", opposite the answer he desires to give in case of
an election on a constitutional amendment, local option election, referenda
or other question or matter, either of which methods of marking, whether by a
cross (X) or by a check in the form of and similar to a "V", is
authorized. Before leaving the voting compartment, the voter shall fold his
ballot without displaying * * *the its markings * * *, but so that the words "OFFICIAL
BALLOT," followed by the designation of the voting precinct and the date
of the election, shall be visible to the * * * poll managers * * *, then deposit * * * his ballot directly into the ballot
box * * *.
This he shall do without undue delay, and as soon as he has voted he shall * * * promptly exit the * * * polling place * * *. A voter shall not be allowed to
occupy a voting compartment already occupied by another voter, nor any
compartment longer than ten (10) minutes, if other voters * * * are not waiting, nor longer than five
(5) minutes if other voters * * * are waiting. A person shall not be
allowed in the room in which the ballot boxes, compartments, tables and shelves
are, except the officers of the election, and those appointed by them to assist
therein, and those authorized by Section 23-15-577.
SECTION 141. Section 23-15-553, Mississippi Code of 1972, is amended as follows:
23-15-553. A person shall not take or remove any ballot from the polling place before the close of the polls. If any voter spoils a ballot he may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word "SPOILED" shall be written across the face of the ballot and each shall be deposited into the sealed ballot box. When the polls have closed upon the casting of the last ballot or 7:00 p.m., whichever is later, and the poll managers break the seal upon the ballot box to begin closing procedures, such as the processing of absentee ballots, those ballots marked as "SPOILED" shall be bundled together and placed in a separate strong envelope provided for spoiled ballots. The envelope containing all spoiled ballots shall be sealed in the ballot box upon the poll managers' completion of closing procedures and returned therein to the officials in charge of the election.
SECTION 142. Section 23-15-561, Mississippi Code of 1972, is amended as follows:
23-15-561. (1) It shall be unlawful during any primary or any other election for any candidate for any elective office or any representative of such candidate or any other person to publicly or privately put up or in any way offer any prize, cash award or other item of value to be raffled, drawn for, played for or contested for in order to encourage persons to vote or to refrain from voting in any election.
* * *
( * * *2) Any candidate who * * * violates the provisions of
subsection (1) of this section shall, upon conviction thereof, in addition to
the fine prescribed above, be punished by:
(a) Disqualification as a candidate in the race for the elective office; or
(b) Removal from the elective office, if the offender has been elected thereto.
SECTION 143. Section 23-15-563, Mississippi Code of 1972, is amended as follows:
23-15-563. (1) Each person who shall appear to vote in person at a polling place or the registrar's office shall be required to identify himself or herself to an election manager or the registrar by presenting current and valid photo identification before such person shall be allowed to vote.
(2) The identification required by subsection (1) of this section shall include, but not be limited to, the following:
(a) A current and valid Mississippi driver's license;
(b) A current and valid identification card issued by a branch, department, agency or entity of the State of Mississippi;
(c) A current and valid United States passport;
(d) A current and valid employee identification card containing a photograph of the elector and issued by any branch, department, agency or entity of the United States government, the State of Mississippi, or any county, municipality, board, authority or other entity of this state;
(e) A current and valid Mississippi license to carry a pistol or revolver;
(f) A valid tribal identification card containing a photograph of the elector;
(g) A current and valid United States military identification card;
(h) A current and valid student identification card, containing a photograph of the elector, issued by any accredited college, university or community or junior college in the State of Mississippi; and
(i) An official Mississippi voter identification card containing a photograph of the elector.
(3) (a) A person who appears to vote in person at a polling place and does not have identification as required by this section may vote by affidavit ballot. The affidavit ballot shall then be counted if the person shall present acceptable photo identification to the registrar within five (5) days.
(b) An elector who has a religious objection to being photographed may vote by affidavit ballot, and the elector, within five (5) days after the election, shall execute an affidavit in the registrar's office affirming that the exemption applies.
* * *
(5) The intentional failure of an election official to require a voter to present identification as required by this section shall be considered corrupt conduct under Section 97-13-19 and shall be reported to the Secretary of State and the Attorney General.
SECTION 144. Section 23-15-571, Mississippi Code of 1972, is amended as follows:
23-15-571. (1) The following persons shall be designated as authorized challengers and shall be allowed to challenge the qualifications of any person offering to vote:
(a) Any candidate whose name is on the ballot in the precinct in which the challenge is made;
(b) Any official poll watcher of a candidate whose name is on the ballot in the precinct in which the challenge is made;
(c) Any official poll watcher of a political party for the precinct in which the challenge is made;
(d) Any qualified elector from the precinct in which the challenge is made; or
(e) Any manager, clerk or poll worker in the polling place where the person whose qualifications are challenged is offering to vote.
(2) The challenge of any authorized challenger shall be considered and acted upon by the poll managers of the election.
(3) A person offering to vote may be challenged upon the following grounds:
(a) That * * * the voter is not a registered voter
in the precinct;
(b) That * * * the voter is not the registered voter
under whose name * * *
the voter has applied to vote;
(c) That * * * the voter has already voted in the
election;
(d) That * * * the voter is not a resident in the
precinct where * * *
the voter is registered;
(e) That * * * the voter has illegally registered to
vote;
(f) That * * * the voter has removed his or her
ballot from the polling place; or
(g) That * * * the voter is otherwise disqualified
by law.
SECTION 145. Section 23-15-573, Mississippi Code of 1972, is amended as follows:
23-15-573. (1) If any person declares that he or she is a registered voter in the jurisdiction in which he or she offers to vote and that he or she is eligible to vote in the election, but his or her name does not appear upon the pollbooks, or that he or she is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote, or that he or she has been illegally denied registration, or he or she is unable to present an acceptable form of photo identification:
(a) A poll manager shall notify the person that he may cast an affidavit ballot at the election.
(b) The person shall
be permitted to cast an affidavit ballot at the polling place upon execution of
a written affidavit before one (1) of the poll managers * * * stating that the individual:
(i) Believes he or she is a registered voter in the jurisdiction in which he or she desires to vote and is eligible to vote in the election; or
(ii) Is not able to cast a regular election day ballot under a provision of state or federal law but is otherwise qualified to vote; or
(iii) Believes
that he or she has been illegally denied registration * * *; or
(iv) Is unable to present an acceptable form of photo identification.
(c) The poll
manager shall allow the individual * * * mark a paper ballot
properly endorsed by the initialing or alternate initialing manager in
accordance with Section 23-15-541, which shall be delivered by him or
her to the proper election official who shall enclose it in an affidavit
ballot envelope * * *
bearing the written and signed affidavit of the voter, seal the
envelope and mark plainly upon it the name of the person offering to vote.
(2) The affidavit ballot envelope shall include:
(a) The complete name * * * of
the voter;
(b) A present and previous physical and mailing address of the voter;
(c) Telephone numbers whereby the voter may be contacted;
( * * *d) A statement that the affiant
believes he is registered to vote in the jurisdiction in which he offers to
vote;
( * * *e) The signature of the affiant-voter;
and
( * * *f) The signature of * * * the poll manager at the * * * polling place at which the
affiant-voter offers to vote.
(3) (a) A separate * * * receipt book shall be
maintained for affidavit * * *ballots voters and the affiant-voter shall sign
the * * *
receipt book upon completing the affidavit ballot.
(b) If the affiant-voter is casting an affidavit ballot because the voter is unable to present an acceptable form of photo identification and the voter's name appears in the pollbook, then the manager shall write "NO ID" across from the voter's name and in the appropriate column in the pollbook.
( * * *c) In canvassing the returns of the
election, the executive committee in primary elections, or the election
commissioners in other elections, shall examine the records and allow the
ballot to be counted, or not counted as it appears legal.
(d) An affidavit ballot of a voter who was unable to present an acceptable form of photo identification shall not be rejected for this reason if the voter does either of the following:
(i) Returns to the circuit clerk's office within five (5) business days after the date of the election and presents an acceptable form of photo identification;
(ii) Returns to the circuit clerk's office within five (5) business days after the date of the election to obtain the Mississippi Voter Identification Card; or
(iii) Returns to the circuit clerk's office within five (5) business days after the date of the election to execute a separate Affidavit of Religious Objection.
(4) When a person is offered the opportunity to vote by affidavit ballot, he shall be provided with written information that informs the person how to ascertain whether his affidavit ballot was counted and, if the vote was not counted, the reasons the vote was not counted.
(5) The election officials shall process all affidavit ballots by using the Statewide Elections Management System. The registrar shall account for all affidavit ballots cast in each election, categorizing the same by reason and recording the total number of affidavit ballots counted and not counted in each such category in the Statewide Elections Management System.
( * * *6) The Secretary of State shall, by
rule duly adopted, establish a uniform * * * affidavit ballot envelope which
shall be used in all elections in this state. The Secretary of State shall
print and distribute a sufficient number of * * * affidavit ballot envelopes to
the registrar of each county for use in elections. The registrar shall
distribute the * * * affidavit ballot envelopes to municipal and county executive
committees for use in primary elections and to municipal and county election
commissioners for use in all other elections.
( * * *7) County registrars and municipal
registrars shall * * *
maintain a secure free access system that complies with the Help America Vote
Act of 2002, by which persons who vote by affidavit ballot may determine if
their ballots were counted, and if not, the reasons the ballot was not counted.
( * * *8) Any person who votes in any
election as a result of a federal or state court order or other order extending
the time established by law * * * beyond the closing of the
polls on an election day, may only vote by affidavit ballot. Any
affidavit ballot cast under this subsection shall be separated and kept apart
from other affidavit ballots cast by voters not affected by the order.
SECTION 146. Section 23-15-574, Mississippi Code of 1972, is brought forward as follows:
23-15-574. If the enactment of any state or federal law shall require any modification to the form or language of the affidavit prescribed in Section 23-15-573, then the Secretary of State shall be authorized to promulgate an amended form of the affidavit to comply with the requirements of any such state or federal law, which shall be required to be used in all elections throughout this state.
SECTION 147. Section 23-15-575, Mississippi Code of 1972, is amended as follows:
23-15-575. * * * No person shall vote or attempt to vote
in the primary election of one party when he has voted on the same date in the
primary election of another party. No person shall vote or attempt to
vote in the second primary election of one party when he has voted in the first
primary election of another party.
SECTION 148. Section 23-15-577, Mississippi Code of 1972, is amended as follows:
23-15-577.
(1) Each candidate on the ballot shall have the right, either in
person or by a * * * credentialed poll watcher, to be present
at the polling place * * *. In general and special elections, each political
party having a candidate on the ballot shall have the right to be represented
at the polling place by two (2) credentialed poll watchers.
(2) A credentialed poll watcher shall be of good conduct and behavior, authorized in writing to act as the representative of a candidate on the ballot or political party having a candidate on the ballot. The written authorization of the candidate or political party must be presented to a poll manager by the certified poll watcher upon arrival at the polling place.
(3) Poll managers
shall provide * * * candidates and credentialed poll watchers
with a suitable position from which * * * they may be
able to * * * observe the manner in which the election is held. * * *
(4) Candidates and credentialed poll watchers shall be
allowed to challenge the qualifications of any person offering to vote, and * * * their challenge shall be considered
and acted upon by the poll managers. However, neither candidates nor
credentialed poll watchers shall be allowed to interfere in the election
process, which shall include, but not be limited to:
(a) Communicating with any voter;
(b) Physically touching or handling any ballot, absentee ballot envelope, absentee ballot application or affidavit ballot envelope;
(c) Viewing or photographing the pollbooks while at the polling place; or
(d) Photographing the receipt books while at the polling place.
SECTION 149. Section 23-15-579, Mississippi Code of 1972, is amended as follows:
23-15-579. (1) All
votes, which shall be challenged at the polls, whether the question be
raised by a poll manager or * * * another authorized challenger, shall be * * * considered by * * * the poll managers * * * at that
time.
(2) When it shall so
clearly appear in the unanimous opinion of the poll managers, either by * * * admissions or statement * * * of the person challenged or from * * * documentary evidence, or * * * oral evidence then presented to the
poll managers, that the challenge is well taken, the vote shall be
rejected entirely and shall not be counted * * *. In such case, the * * * challenged voter
shall mark his choices and cast his vote by paper ballot. After the ballot
has been marked by the challenged voter, it shall be marked by the
poll manager on the back "REJECTED" and the name of the voter and
the reason for the voter's rejection shall also be written on the back * * * of the ballot.
All rejected ballots shall be placed in the ballot box until the close of the
polls at which time, upon the opening of the ballot box, all rejected * * * ballots shall be placed in a
separate strong envelope * * *and sealed and returned * * * to the box * * *.
(3) When it shall so
clearly appear in the * * *case of challenged votes. The failure of a candidate to challenge a vote
or votes at a box shall not preclude him from later showing, in the manner provided
by law, that one or more votes have been improperly received or counted or
returned as regards said box. If the managers of an election believe a
challenge of a voter is frivolous or unanimous opinion of the
poll managers, either by admissions or statement of the person challenged or
from documentary evidence, or oral evidence then presented to the poll
managers, that the challenge is frivolous and not made in good faith * * *, the poll managers shall
disregard such challenge and * * * the voter shall cast his
or her vote as other voters in the polling place as though not
challenged.
(4) When it shall not so clearly appear whether the challenge is well taken or frivolous and no unanimous decision can be made by the poll managers, the challenged voter shall mark his choices and cast his vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll managers on the back "CHALLENGED," and the name of the voter and the reason for the voter's challenge shall also be written on the back of the ballot. All challenged ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all challenged ballots shall be removed therefrom and separately counted, tallied and totaled with a separate return made of the challenged votes. Challenged ballots shall be placed in a separate strong envelope, and returned to the ballot box.
SECTION 150. Section 23-15-581, Mississippi Code of 1972, is amended as follows:
23-15-581. When the * * * last vote shall have been cast or at
7:00 p.m., whichever shall be * * * later, the poll managers
shall * * * proclaim
the polls closed and publicly break the seal and open the ballot
box * * * to
immediately proceed to count the ballots, at the same time reading aloud the
names of the persons voted for, which shall be taken down * * *.
During the holding of the election and the counting of the ballots, the whole
proceedings shall be in fair and full view of the voting public, candidates
or their duly authorized representatives and other authorize poll watchers,
without unnecessary interference, delay or encroachment upon the good order of
the duties and proceedings of the managers and other officers of the election. * * * There shall be no unnecessary delay and
no adjournment except as provided by law.
SECTION 151. 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 * * * 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
booklet 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 booklet.
SECTION 152. Section 23-15-593, Mississippi Code of 1972, is amended as follows:
23-15-593. When the ballot
box is opened and examined by the county executive committee in the case of a
primary election, or county election commissioners in the case of other
elections, and it is found that there have been failures in material
particulars to comply with the requirements of Section 23-15-591 and Section 23-15-895
to such an extent that it is impossible to arrive at the will of the voters at
such precinct, the entire box may be thrown out unless it be made to appear
with reasonable certainty that the irregularities were not deliberately
permitted or engaged in by the managers at that box, or by one (1) of them
responsible for the wrong or wrongs, for the purpose of electing or defeating a
certain candidate or candidates by manipulating the election or the returns * * * of at that box in such manner as
to have it thrown out; in which latter case the county executive committee, or
the county election commission, as appropriate, shall conduct such hearing and
make such determination in respect to * * * the box as may appear lawfully
just, subject to a judicial review of * * * the matter as elsewhere provided by
this chapter. Or the executive committee, or the election commission, or the
court upon review, may order another election to be held at that box appointing
new managers to hold the same.
SECTION 153. Section 23-15-595, Mississippi Code of 1972, is amended as follows:
23-15-595. The box
containing the ballots and other records required by this chapter shall, * * * immediately after
the ballots have been counted, be delivered by one (1) of the precinct managers
to the clerk of the circuit court of the county and said clerk shall, in the
presence of the manager making delivery of the box, place upon the lock of such
box a * * *
seal capable of detecting tampering. * * * The seals shall be numbered
consecutively to the number of ballot boxes used in the election in the county,
and the clerk shall keep in a place separate from such boxes a record of the
number of the seal of each separate box in the county. The board of
supervisors of the county shall pay the cost of providing * * * the seals. Upon demand of the
chairman of the county executive committee in the case of primary elections, or
the county election commissioner in the case of other elections, the boxes and
their contents shall be delivered to the county executive committee, or the
county election commission, as appropriate, and after such committee or
commission, as appropriate, has finished the work of tabulating returns and
counting ballots as required by law, the * * * committee or commission, as appropriate,
shall return all papers and ballots to the box of the precinct where * * * the election was held, and it shall
make redelivery of such boxes and their contents to the circuit clerk who shall
reseal * * *
the boxes. Upon every occasion * * * the boxes shall be reopened and
each resealing shall be done as provided in this chapter.
SECTION 154. Section 23-15-597, Mississippi Code of 1972, is amended as follows:
23-15-597. (1) The county
executive committee shall meet * * * no later than one (1)
week from the day * * *
following each primary election * * * to receive and canvass the
returns which must be made within the time fixed by law for returns of general
elections and declare the result, and announce the name of the nominees for
county and county district offices and the names of those candidates to be
submitted to the second primary. The vote for state, state district offices
and legislative offices shall be tabulated by precincts and certified to and
returned to the state executive committee, such returns to be mailed by registered
letter or any safe mode of transmission within thirty-six (36) hours after the
returns are canvassed and the result ascertained. The State Executive
Committee shall meet a week from the day following the first primary election
held for state, state district offices and legislative offices, and shall
proceed to canvass the returns and to declare the result, and announce the
names of those nominated for the different offices in the first primary and the
names of those candidates whose names are to be submitted to the second primary
election. The state executive committee shall also meet a week from the day on
which the second primary election was held and receive and canvass the returns
for state and district offices, if any, and legislative offices, if any,
voted on in * * *
the second primary. An exact and full duplicate of all tabulations by
precincts as certified under this section shall be filed with the circuit clerk
of the county who shall safely preserve the same in his office.
(2) (a) If it is eligible
under Section 23-15-266, the county executive committee may enter into a
written agreement with the circuit clerk or the county election commission
authorizing the circuit clerk or the county election commission to perform any
of the duties required of the county executive committee pursuant to this
section. Any agreement entered into pursuant to this subsection shall be
signed by the chairman of the county executive committee and the circuit clerk
or the chairman of the county election commission, as appropriate. The county
executive committee shall notify the State Executive Committee and the
Secretary of State of the existence of * * * the agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
SECTION 155. Section 23-15-599, Mississippi Code of 1972, is amended as follows:
23-15-599. (1) (a) Within
ten (10) days after the first primary election and within ten (10) days after
the second primary election, if any, the chairman of the State Executive
Committee shall transmit to the Secretary of State a tabulated statement of the
party vote cast in each county and precinct in each county in each state and
state district election, and each legislative election for districts consisting
of more than one (1) county or parts of more than one (1) county. The
statement shall be transmitted by the State Executive Committee on such forms
and by * * *
any methods as may be required by rules and regulations promulgated by
the Secretary of State. The statement shall be filed by the Secretary of State
and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the chairman of the State Executive Committee, which shall read as follows:
* * *"I _______________, Chairman
of the _________ Party State Executive Committee, do hereby certify that, on a
majority vote of the ________ Party State Executive Committee, these vote
totals for each county and for each candidate are the official vote totals for
the election reflected therein. * * *"
(2) (a) Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the county executive committee shall transmit to the Secretary of State a tabulated statement of the party vote cast in their county and each precinct in their county in each election for county and county district office and each election for legislative office for districts containing one (1) county or less. The statement shall be transmitted by the county executive committee on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the majority of the members of the county executive committee, which shall read as follows:
"We, the undersigned members of the county executive committee, do hereby certify that these vote totals for each candidate are the official vote totals for the election reflected therein."
SECTION 156. Section 23-15-600, Mississippi Code of 1972, is brought forward as follows:
23-15-600. All forms to be prescribed by the Secretary of State for the reporting of election returns hereunder shall be either hard copy forms on which precincts are listed horizontally and candidates are listed vertically and/or a web-based system in which these forms, or forms similar to them, are made available to counties electronically.
SECTION 157. Section 23-15-601, Mississippi Code of 1972, is amended as follows:
23-15-601. (1) When the
result of the election shall have been ascertained by the managers they, or one
(1) of their number, or some fit person designated by them, shall, * * * as soon as
practicable after the election, deliver to the election
commissioners * * *, at the courthouse, a statement of the whole number of
votes given for each person and for what office; and the election
commissioners * * * shall canvass the returns, ascertain and declare the
result, and, within ten (10) days after the day of the election, shall deliver
a certificate of his election to the person having the greatest number of votes
for representative in the Legislature of districts composed of one (1) county
or less, or other county office, board of supervisors, justice court judge and
constable. If it appears that two (2) or more candidates for Representative of
the county, or part of the county, or for any county office, board of
supervisors, justice court judge or constable standing highest on the list, and
not elected, have an equal number of votes, the interested candidates shall
appear before the election commissioners within two (2) days after the
canvass and the tie shall be * * * determined by a toss of a
coin or by lot fairly and publicly drawn * * *, and a certificate of election
shall be given accordingly. The foregoing provisions shall apply to Senators,
if the county be a senatorial district.
(2) The election
commissioners * * * shall transmit to the Secretary of State, on such forms and
by such methods as may be required by rules and regulations promulgated by the
Secretary of State, a statement of the total number of votes cast in the county
for each candidate for each office and the total number of votes cast for such
candidates in each precinct in the district in which the candidate ran.
SECTION 158. Section 23-15-603, Mississippi Code of 1972, is amended as follows:
23-15-603. (1) The election
commissioners * * * shall, within ten (10) days after the general election,
transmit to the Secretary of State, to be filed in his office, a statement of
the whole number of votes given in their county and the whole number of votes
given in each precinct in their county, for each candidate for any office at
the election; but the returns of every election for Governor, Lieutenant
Governor, Secretary of State, Attorney General, Auditor of Public Accounts,
State Treasurer, Commissioner of Insurance and other state officers, shall each
be made out separately, sealed up together and transmitted to the seat of
government, directed to the Secretary of State, and endorsed the "VOTE FOR
STATE OFFICERS," to be delivered by the Secretary of State to the Speaker
of the House of Representatives at the next ensuing session of the
Legislature. In addition to the other information required pursuant to this
subsection, the returns for state officers shall contain a statement of the
whole number of votes given in each House of Representative district or portion
thereof for each candidate for state office at the election.
(2) Constitutional amendments
shall be voted for at the time fixed by the concurrent resolution. The
election, whether held separately or with other elections, shall be conducted,
in all respects, as required for elections generally. The election
commissioners * * * shall, within ten (10) days after the election, transmit to
the Secretary of State a statement of the whole number of votes given in their
county and the whole number of votes given in each precinct in their county for
or against constitutional amendments.
(3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State and submitted to each branch of the Legislature, at the session next ensuing. Certified county vote totals shall represent the final results of the election.
(4) The statements required
by this section shall contain a certification, signed and dated by a majority
of the election commissioners * * *, which shall read as follows:
"We,
the undersigned election commissioners * * *, do hereby certify that this
statement of the whole number of votes contains the official vote for the
election reflected therein."
(5) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 159. Section 23-15-605, Mississippi Code of 1972, is amended as follows:
23-15-605. The Secretary of
State, immediately after receiving the returns of an election, not longer than
thirty (30) days after the election, shall sum up the whole number of votes
given for each candidate other than candidates for state offices, legislative offices
composed of one (1) county or less, county offices and county district offices,
according to the statements of the votes certified to him and ascertain the
person or persons having the largest number of votes for each office, and
declare such person or persons to be duly elected; and thereupon all persons
chosen to any office at the election shall be commissioned by the Governor; but
if it appears that two (2) or more candidates for any district office where the
district is composed of two (2) or more counties, standing highest on the list,
and not elected, have an equal number of votes, the election shall be forthwith
decided between the candidates having an equal number of votes by * * * each
candidate individually drawing one (1) of the two (2) sealed containers from an
opaque bag, under the direction of the Governor and Secretary of State. The
containers shall consist of a straw of conspicuous length, and the candidate
drawing the container with the longer of the two (2) straws shall be declared
the winner.
SECTION 160. Section 23-15-607, Mississippi Code of 1972, is amended as follows:
23-15-607. (1) The election
commissioners * * * shall, within ten (10) days after an election for judges of
the Supreme Court or Court of Appeals, transmit to the Secretary of State, to
be filed in his office, a statement of the whole number of votes given in their
county, and the whole number of votes given in each precinct in their county,
for each candidate for the Office of Judge of the Supreme Court or Court of
Appeals, and the Secretary of State shall immediately notify each member of the
State Board of Election Commissioners in writing to assemble at his office on a
day to be fixed by him, to be within ten (10) days after the receipt by him of
such statement, and when assembled pursuant to such notice the State Board of
Election Commissioners shall sum up the whole number of votes given for each
candidate for judge of the Supreme Court or Court of Appeals according to the
total number of votes in each county for each candidate as certified to the
Secretary of State, ascertain the person or persons to be elected; and
thereupon all persons chosen to such office at the election shall be
commissioned by the Governor; but if it appears that two (2) or more candidates
for judge of the Supreme Court or Court of Appeals standing highest on the
list, and not elected, have an equal number of votes, the election shall be
forthwith decided between the candidates having an equal number of votes by * * * each candidate individually
drawing one (1) of the two (2) sealed containers from an opaque bag, under the
direction of the Governor and Secretary of State. The containers shall consist
of a straw of conspicuous length, and the candidate drawing the container with
the longer of the two (2) straws shall be declared the winner.
(2) The statements required
by this section shall contain a certification, signed and dated by a majority
of the election commissioners * * *, which shall read as follows:
"We, the undersigned commissioners of election, do hereby certify that this statement of the whole number of votes contain the official vote for the election reflected therein."
(3) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 161. Section 23-15-609, Mississippi Code of 1972, is amended as follows:
23-15-609. When a city or
part of a county is entitled to separate representation in the Legislature, the
election commissioners * * * shall prepare for the election, and
shall receive and canvass the returns, declare the result, and transmit it to
the Secretary of State, and act in all respects as in other elections.
SECTION 162. Section 23-15-611, Mississippi Code of 1972, is amended as follows:
23-15-611. (1) In
municipal elections, poll managers * * * shall, immediately upon the
closing of the polls, count the ballots and ascertain the number of votes cast
in each voting precinct for each of the candidates or ballot measures and make
a return thereof to the municipal election commissioners. On the day following
the election, the election commissioners shall canvass the returns so received
from all voting precincts and shall, within * * * six (6) days after * * * the election, deliver to each
person receiving the highest number of votes a certificate of election. If it
shall appear that any two (2) or more of the candidates receiving the highest
number of votes shall have received an equal number of votes, the election
shall be decided by a toss of a coin or by lot * * * fairly and publicly drawn * * * under the direction of the
election commissioners * * *.
(2) (a) Within * * * ten (10) days after any
election, the municipal election commissioners shall transmit a statement to
the Secretary of State certifying the name or names of the person or persons
elected thereat, and such person or persons shall be issued commissions by the
Governor. The statement shall also include vote totals for each candidate for
each office and vote totals for and against ballot measures, if any, including
the vote totals for each candidate a ballot measure in each precinct in the
municipality.
(b) The statements required by this subsection shall contain a certification, signed and dated by a majority of the municipal election commissioners, which shall read as follows:
"We, the undersigned municipal election commissioners, do hereby certify that this statement contains the official vote for the election reflected therein."
(c) The statements required by this subsection shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
(d) If the statement certifying the names of the persons elected is not transmitted to the Secretary of State as required by this subsection, the Secretary of State may issue a show cause order directing the municipal election commissioners to provide to the Secretary of State written response containing the reasons for their failure to transmit the statement. The municipal election commissioners shall file their response to the show cause order with the Secretary of State within five (5) working days after the issuance of the show cause order. If the statement certifying the names of the persons elected is not transmitted to the Secretary of State within five (5) working days after the issuance of the show cause order, the Secretary of State may petition a court of competent jurisdiction to compel the municipal election commissioners to comply with this subsection. If the statement certifying the names of the persons elected is received by the Secretary of State within five (5) days after the issuance of the show cause order, a response to the show cause order shall not be required.
SECTION 163. Section 23-15-613, Mississippi Code of 1972, is brought forward as follows:
23-15-613. (1) As used in this section "residual votes" means overvotes, undervotes and any other vote not counted for any reason.
(2) For every election, election commissions and county and municipal executive committees shall report to the Secretary of State residual vote information; however, if the voting devices utilized in the election do not produce a ballot, other information shall be reported as required in this section.
(3) For every election, election commissions and county and municipal executive committees responsible for the conduct of elections in which ballots are generated that are counted by hand or by an electronic or automatic tabulating device shall report to the Secretary of State all residual votes for all candidates and ballot measures in the elections for which they are responsible for conducting. Such residual vote reports shall:
(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;
(b) Include any suggested explanation or suspected cause of the residual votes;
(c) Include a copy of a voided official ballot for the election as such ballot appeared to voters at the election and copies of voided affidavit and absentee ballots if they are different from the official ballot;
(d) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected; and
(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was utilized in the election.
(4) For every election, election commissions and county and municipal executive committees responsible for the conduct of election in which voting devices are used that do not generate ballots that are counted by hand or by electronic or automatic tabulating devices, shall file a report with the Secretary of State which shall:
(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;
(b) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected;
(c) Include in the report any anecdotal information obtained concerning voter problems with the voting equipment or ballot layout;
(d) Include in the report any suggested explanation or suspected cause of any difference in the amount of total voter turnout and the number of counted votes for candidates for various offices; and
(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was utilized in the election.
(5) Not later than January 31 of the year following the election, the Secretary of State shall submit a report to the Governor, Lieutenant Governor and Speaker of the House of Representatives analyzing the reports required to be filed pursuant to this section. The analysis shall include the following:
(a) The performance of each voting device type used in the election;
(b) Any problems with voter or poll worker instructions or ballot design and layout that have been identified as a result of analyzing the reports received;
(c) Recommendations for reducing the number of residual votes reported; and
(d) Such other information as the Secretary of State deems beneficial.
(6) The reports required pursuant to this section shall be in such form as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 164. Section 23-15-801, Mississippi Code of 1972, is amended as follows:
23-15-801. (a) "Election" shall mean a general, special, primary or runoff election.
(b) "Candidate"
shall mean 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 such 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 such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year, or has made such expenditures aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year.
(c) "Political committee" shall mean any committee, party, club, association, political action committee, campaign committee or other groups of persons or affiliated organizations which receives contributions aggregating in excess of Two Hundred Dollars ($200.00) during a calendar year or which 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 and shall, in addition, include each political party registered with the Secretary of State.
(d) "Affiliated organization" shall mean any organization which is not a political committee, but which 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 such 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 such 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 such 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 which is made without cooperation or consultation with any candidate or any authorized committee or agent of such candidate, and which is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of such 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 165. Section 23-15-803, Mississippi Code of 1972, is amended as follows:
23-15-803. * * * (1) Statements of organization.
(a) 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:
(i) Receipt
of contributions aggregating in excess of Two Hundred Dollars ($200.00), or * * *
(ii) Having made expenditures aggregating in excess of Two Hundred Dollars ($200.00).
(b) Contents of statements. The statement of organization of a political committee shall include:
(i) The name, * * * address, officers and/or members of
the committee * * *;
(ii) Designation of a * * * chairman and a
custodian of financial books, records and accounts of the * * * organization, who shall be
designated treasurer; and
(iii) If the committee is authorized by a candidate, the name, address, office sought, and party affiliation of the candidate.
(c) Change of information in statements. Any change in information previously submitted in a statement of organization shall be reported and noted on the next regularly scheduled report.
(2) In addition to any other penalties provided by law, the Secretary of State may impose administrative penalties against any political committee failing 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. The Secretary of State may pursue judicial enforcement of any penalties issued pursuant to this section.
SECTION 166. Section 23-15-805, Mississippi Code of 1972, is amended 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 such reports for a period of five (5) years.
* * *
SECTION 167. Section 23-15-807, Mississippi Code of 1972, is amended 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
such candidate or committee has no outstanding debts or obligations. The
candidate, treasurer, or chief executive officer shall sign * * * such 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 * * *, or 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, which shall be filed no later than the seventh day before any election in which such candidate or political committee has accepted contributions or made expenditures and which shall be complete as of the tenth day before such election;
(ii) In 1987 and every
fourth year * * *
after, periodic reports, which shall be filed no later than the tenth
day after April 30, May 31, June 30, September 30 and December 31, and which
shall be complete as of the last day of each period; and
(iii) In any calendar
years except 1987 and except every fourth year * * * after, a report covering the
calendar year which shall be filed no later than January 31 of the following
calendar year.
(iv) Notwithstanding the requirements of paragraph (i) of this subsection, unopposed candidates are not required to file pre-election reports but must file all reports required by paragraphs (ii) and (iii) of this subsection.
(c) All candidates for
judicial office as defined in Section 23-15-975, or their political committees,
shall file in the year * * * they are to be elected, periodic reports which shall be filed
no later than the tenth day after April 30, May 31, June 30, September 30 and
December 31.
(d) Contents of reports. 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 as well as the
total of all other contributions and expenditures during the calendar year.
Such 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 such 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 such
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, 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 by a political party 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 entity the amount of funds passing to each person 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 director of the candidate's political committee.
(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 168. Section 23-15-809, Mississippi Code of 1972, is amended 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 169. Section 23-15-811, Mississippi Code of 1972, is amended as follows:
23-15-811. (a) Any
candidate or any other person who shall * * * willfully
violate the provisions and prohibitions of this article shall be guilty of a
misdemeanor and upon conviction * * * shall be punished by a fine in a sum
not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer
than six (6) months or by both fine and imprisonment.
(b) In addition to the
penalties provided in * * *
subsection (a) of this section and Chapter 13, Title 97, Mississippi
Code of 1972, any candidate or political committee which is required to
file a statement or report which fails to file such statement or report on the
date * * *
it is due may be compelled to file such statement or report by an action in the
nature of a mandamus brought by the Secretary of State or Attorney General.
(c) No candidate shall be
certified as nominated for election or as elected to office * * * until he files all reports required
by this article due as of the date of certification.
(d) No candidate who is
elected to office shall receive any salary or other remuneration for the office * * * until he files all reports required
by this article due as of the date such salary or remuneration is payable.
(e) In the event that a
candidate fails to timely file any report required pursuant to this article but
subsequently files a report or reports containing all of the information
required to be reported * * *by him as of the date on which the sanctions of paragraphs (c) and (d) of
this section would be applied to him, such candidate shall not be
subject to the sanctions of said * * * subsections (c) and (d).
SECTION 170. Section 23-15-813, Mississippi Code of 1972, is amended as follows:
23-15-813. (a) In addition to any other penalty permitted by law, the Secretary of State 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 which 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 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 shall be due, the Secretary of
State 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 Secretary of State, the assessing of the fine may be
waived in whole or in part if the Secretary of State determines that unforeseeable
mitigating circumstances, such as the health of the candidate, interfered with
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 Secretary of State, the candidate or political committee shall pay the fine to the Secretary of State 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 Secretary of State, the Secretary of State 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 paragraph (a), 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 * * * 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 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) Where, in any proceeding
before the hearing officer, 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 testimony or the
production of the documents shall be enforced by any 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 by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the hearing officer, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the hearing officer be 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 Secretary of State 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 paragraph (b), the candidate or political committee identified in paragraph (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 paragraph (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 171. Section 23-15-815, Mississippi Code of 1972, is amended as follows:
23-15-815. (a) The Secretary of State shall prescribe and make available forms and promulgate rules and regulations necessary to implement this article.
(b) The Secretary of State,
circuit clerks and municipal clerks shall, within forty-eight (48) hours after
the time of the receipt by the appropriate office of reports and statements
filed with it, make them available for public inspection, and copying at the
expense of the person requesting such copying, and keep such designations,
reports and statements for * * * three (3) years from the date of
receipt.
SECTION 172. Section 23-15-817, Mississippi Code of 1972, is amended as follows:
23-15-817. The Secretary of State shall compile a list of all candidates for the Legislature or any statewide office who fail to file a campaign disclosure report by the dates specified in Section 23-15-807(b); the list shall be disseminated to the members of the Mississippi Press Association within two (2) working days after such reports are due and made available to the public.
SECTION 173. The following shall be codified as Section 23-15-819, Mississippi Code of 1972:
23-15-819. (1) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.
(2) No person shall solicit, accept or receive any such contribution from a foreign national.
(3) The term "foreign national" means:
(a) A foreign national as defined in 22 USCS 611(b), except that the terms "foreign national" does not include any individual who is a citizen of the United States; or
(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.
SECTION 174. Section 23-15-831, Mississippi Code of 1972, is amended as follows:
23-15-831. When a vacancy
other than in the Legislature * * * occurs by death,
resignation or otherwise, in any state or state district elected office, * * * and there is no special
provision of law for the filling of * * * the vacancy, the same shall be
filled for the unexpired term by appointment by the Governor.
SECTION 175. Section 23-15-832, Mississippi Code of 1972, is amended as follows:
23-15-832. When a vacancy * * * occurs in an elective office for
which a special election is required to be called to fill, the entity with whom
candidates for the office are required to qualify shall notify the Secretary of
State of the vacancy within five (5) days after * * * receiving knowledge of the
vacancy.
SECTION 176. Section 23-15-833, Mississippi Code of 1972, is amended as follows:
23-15-833. Except as otherwise provided by law, the first Tuesday after the first Monday in November of each year shall be designated the regular special election day, and on that day an election shall be held to fill any vacancy in county, county district, and district attorney elective offices, and any vacancy in the office of circuit judge or chancellor.
All special elections * * * or elections to fill vacancies, shall in all
respects be held, conducted, and returned in the same manner as general
elections, except that where no candidate receives a majority of the votes cast
in * * * the
election, * * *
a runoff election shall be held three (3) weeks after * * * the election * * *. The two (2) candidates * * * receiving the highest
popular votes for * * *
the office shall have their names submitted as * * * candidates to the * * * runoff and the candidate who leads in * * * runoff election shall be elected to the
office. When there is a tie in the first election of those receiving the next
highest vote, these two (2) and the one receiving the highest vote, none having
received a majority, shall go into the runoff election and whoever leads in * * * the runoff election shall be
entitled to the office.
In those years when the regular special election day shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot, but shall be clearly distinguished as general election candidates or special election candidates.
* * *
SECTION 177. Section 23-15-835, Mississippi Code of 1972, is amended as follows:
23-15-835. The election
commissioners * * * of the several counties to whom the writ of election may be
directed, shall * * *
immediately * * *
upon receipt * * *,
give notice of * * *
the special election to fill a vacancy in * * * the county or county district
office by posting notices at the courthouse and in each supervisor's district
in the county for ninety (90) days prior to * * * the election; and * * * the election shall be prepared for
and held as in case of a general election.
SECTION 178. Section 23-15-837, Mississippi Code of 1972, is amended as follows:
23-15-837. (1) When a
special election * * * is called to fill any state district office or
legislative office and where only one (1) person has duly qualified with
the State Board of Election Commissioners to be a candidate in * * * the special election within the
time prescribed by law for qualifying as * * * a candidate, the State Board of
Election Commissioners shall make a finding and determination of * * * fact duly entered upon its official
minutes.
(2) A finding and determination and certification to office by the State Board of Election Commissioners, as herein provided, shall dispense with the holding of the special election.
(3) A certified copy of the
finding and determination of the State Board of Election Commissioners shall be * * * filed with the Governor, and the
Governor shall appoint the candidate so certified to fill the unexpired term.
SECTION 179. Section 23-15-839, Mississippi Code of 1972, is amended as follows:
23-15-839. (1) When a
vacancy * * *
occurs in any county or county district office, the same shall be filled
by appointment by the board of supervisors of the county, by order entered upon
its minutes, where the vacancy occurs, or by appointment of the president of
the board of supervisors, by and with the consent of the majority of the board
of supervisors, if such vacancy occurs when * * * the board is not in session, and
the clerk of the board shall certify to the Secretary of State the * * * appointment, and the * * * appointed person shall be
commissioned by the Governor; and if the unexpired term be longer than six (6)
months, such appointee shall serve until a successor is elected as hereinafter
provided, unless the regular special election day on which the vacancy should
be filled occurs in a year in which an election would normally be held for that
office as provided by law, in which case the person so appointed shall serve
the unexpired portion of the term. Such vacancies shall be filled for the
unexpired term by the qualified electors at the next regular special election
day occurring more than ninety (90) days after the occurrence of the vacancy.
The board of supervisors of the county shall, within ten (10) days after the * * * occurrence of the vacancy,
make an order, in writing, directed to the election commissioners * * *, commanding an election to be held
on the next regular special election day to fill the vacancy. The election
commissioners shall require each candidate to qualify at least sixty (60) days
before the date of the election, and shall give a certificate of election to
the person elected, and shall return to the Secretary of State a copy of the
order of holding the election, showing the election results * * *, certified by the clerk of the board
of supervisors. The person elected shall be commissioned by the Governor to
take office once the election is certified.
(2) In any election ordered
pursuant to this section where only one (1) person * * * qualifies with the election
commissioners * * * to be a candidate within the time provided by law, the election
commissioners * * * shall certify to the board of supervisors * * * there is * * * only one (1) candidate. * * * The board of supervisors shall * * *
dispense with the election and * * * appoint the certified candidate * * * to fill the unexpired term by
immediately taking office. The clerk of the board shall certify the
appointed candidate to the Secretary of State and the candidate * * *
shall be commissioned to serve by the Governor. In the event * * * no person * * * qualifies by 5:00
p.m. sixty (60) days prior to the date of the election, the election
commissioners * * * shall certify that fact to the board of supervisors which
shall dispense with the election and fill the vacancy by appointment. The
clerk of the board of supervisors shall certify the appointment to the
Secretary of State * * * and the * * * appointed person shall be
commissioned to serve by the Governor.
SECTION 180. Section 23-15-841, Mississippi Code of 1972, is amended as follows:
23-15-841. * * *
SECTION 181. Section 23-15-843, Mississippi Code of 1972, is amended as follows:
23-15-843. In case of
death, resignation, or vacancy from any cause in the office of district
attorney, the unexpired term of which shall exceed six (6) months, the Governor
shall within ten (10) days after * * * occurrence of * * * the vacancy issue * * * a proclamation calling an election
to fill a vacancy in the office of district attorney to be held on the next
regular special election day in the district * * * where the vacancy * * * occurred unless the regular
special election day on which the vacancy * * * should
be filed occurs in a year in which the general election * * * would normally
be held for that office as provided by law, in which case the * * * appointed person shall serve
the unexpired portion of the term. Candidates in such a special election shall
qualify in the same manner and * * * be subject to the same time limitations
as set forth in Section 23-15-839. Pending the holding of * * * a special election, the Governor
shall make an emergency appointment to fill the vacancy until the same shall be
filled by election as * * *
stated above.
SECTION 182. Section 23-15-849, Mississippi Code of 1972, is amended as follows:
23-15-849. (1) Vacancies
in the office of circuit judge or chancellor shall be filled for the unexpired
term by the qualified electors at the next regular special election occurring
more than nine (9) months after the * * * occurrence of the vacancy to
be filled, and the term of office of the person elected to fill a vacancy shall
commence on the first Monday in January following * * * the election. Upon the * * * occurrence of * * * a vacancy, the Governor shall appoint a
qualified person from the district in which the vacancy exists to hold * * * and discharge the duties * * * of the office until the vacancy * * * is filled by election as
provided in this subsection.
(2) (a) If half or more
than half of the term remains, vacancies in the office of * * * justice of the Supreme Court or judge
of the Court of Appeals shall be filled for the unexpired term by the
qualified electors at the next regular election for state officers or for
representatives in Congress occurring more than nine (9) months after the * * * occurrence of the vacancy to
be filled, and the term of office of the person elected to fill a vacancy shall
commence on the first Monday in January following * * * the election. If less than half of
the term remains, vacancies in the office of * * * justice of the Supreme Court or judge
of the Court of Appeals shall be filled for the remaining unexpired term
solely by appointment as provided in this subsection.
(b) Upon occurrence of
a vacancy, the Governor shall appoint a qualified person from the district in
which the vacancy exists to hold * * * and discharge the duties * * * of the office as follows:
(i) If less than half of the term remains, the appointee shall serve until expiration of the term;
(ii) If half or
more than half of the term remains, the appointee shall serve until the vacancy * * * is filled by election as
provided in subsection (1) of this section for judges of the circuit and
chancery courts. Elections to fill vacancies in the office of * * * justice of the Supreme Court or judge
of the Court of Appeals shall be held, conducted, returned and the persons
elected commissioned in accordance with the law governing regular elections for * * * justices of the Supreme Court or judges
of the Court of Appeals * * * to the extent
applicable.
* * *
SECTION 183. Section 23-15-851, Mississippi Code of 1972, is amended as follows:
23-15-851. (1) Except as
otherwise provided in subsection (2) of this section, within thirty (30) days
after vacancies occur in either house of the Legislature, the Governor shall
issue writs of election to fill the vacancies on a day specified in the writ of
election. At least * * * sixty (60) days' notice shall be given of the election
in each county or part of a county in which the election shall be held. The
qualifying deadline for the election shall be * * * fifty (50) days prior to the
election. Notice of the election shall be posted at the courthouse and in each * * * supervisor district in the
county or part of county in which such election shall be held for as near * * * sixty (60) days as may be
practicable. The election shall be prepared for and held as in the case of a
general election.
(2) If a vacancy occurs * * * in a calendar
year in which the general election for state officers is held, the Governor may
elect not to issue a writ of election to fill the vacancy.
SECTION 184. Section 23-15-853, Mississippi Code of 1972, is amended as follows:
23-15-853. (1) If a
vacancy * * *
occurs in the representation in Congress, the vacancy shall be filled
for the unexpired term by a special election, to be ordered by the Governor,
within sixty (60) days after * * * the vacancy occurs, and * * * held at a time fixed by his order, and which
time shall be not less than sixty (60) days after the issuance of the order of
the Governor, which shall be directed to the election commissioners * * * of the several counties of the
district, who shall, immediately on the receipt of the order, give notice of
the election by publishing the same in * * * a newspaper having a general
circulation in the county and by posting the notice * * * at the front door of the courthouse.
The order shall also be directed to the State Board of Election Commissioners.
The election shall be prepared for and conducted, and returns shall be made, in
all respects as provided for a special election to fill vacancies.
(2) Candidates for the
office in such an election must qualify with the Secretary of State by 5:00
p.m. not less than * * * fifty (50) days previous to the date of the election.
The election commissioners * * * shall have printed on the ballot in
such special election the name of any candidate who shall have been requested
to be a candidate for the office by a petition filed with the Secretary of
State and personally signed by not less than one thousand (1,000) qualified
electors of the district. The petition shall be filed by 5:00 p.m. not less
than * * * fifty (50) days previous to the date of the election.
There shall be attached to
each petition above provided for, upon the time of filing with said Secretary
of State, a certificate from the appropriate registrar or registrars showing
the number of qualified electors appearing upon each * * * petition which the registrar shall
furnish to the petitioner upon request.
SECTION 185. Section 23-15-855, Mississippi Code of 1972, is amended as follows:
23-15-855. (1) If a
vacancy shall occur in the office of United States Senator from Mississippi by
death, resignation or otherwise, the Governor shall, within ten (10) days after
receiving official notice of * * * the vacancy, issue * * * a proclamation for an election to be
held in the state to elect a Senator to fill * * * the remaining unexpired term * * *, provided the unexpired term is
more than twelve (12) months and the election shall be held within ninety (90)
days from the time the proclamation is issued and the returns of such election
shall be certified to the Governor in the manner set out above for regular
elections, unless the vacancy * * * occurs in a year * * * in which a
general state or congressional election is held, in which event the
Governor's proclamation shall designate the general election day as the time
for electing a Senator, and the vacancy shall be filled by appointment as
hereinafter provided.
(2) In case of a vacancy in
the office of United States Senator, the Governor may appoint a Senator to fill * * * the vacancy temporarily, and if the
United States Senate be in session at the time the vacancy occurs the Governor
shall appoint a Senator within ten (10) days after receiving official notice
thereof, and the * * * appointed Senator shall serve until * * * a successor is elected and
commissioned as provided for in subsection (1) of this section, provided that
such unexpired term as he may be appointed to fill shall be for a longer time
than one (1) year, but if for a shorter time than one (1) year, he shall
serve for the full time of the unexpired term and no special election shall be
called by the Governor but * * * a successor shall be elected at the
regular election.
SECTION 186. Section 23-15-857, Mississippi Code of 1972, is amended as follows:
23-15-857. (1) When * * * there is * * * a vacancy in an elective office
in a city, town or village * * *, the unexpired term
of which shall not exceed six (6) months, the same shall be filled by
appointment by the governing authority or remainder of the governing authority
of * * * the
city, town or village. The municipal clerk shall certify the appointment
to the Secretary of State * * *the fact of such appointment, and the person or persons * * * shall be commissioned by the
Governor.
(2) When * * * there is * * * a vacancy in an elective office in a
city, town or village, the unexpired term of which shall exceed six (6)
months, the governing authority or remainder of the governing authority of * * * the city, town or village shall
make and enter on the minutes an order for an election to be held in * * * the city, town or village to fill
the vacancy and fix a date upon which * * * the election shall be held. Such
order shall be made and entered upon the minutes at the next regular meeting of
the governing authority after * * * occurrence of the vacancy * * *, or at a special meeting
to be held not later than ten (10) days after occurrence of the vacancy * * *, Saturdays, Sundays and
legal holidays excluded, whichever shall occur first. * * * The election shall be held on a
date not less than thirty (30) days * * * or more than forty-five (45) days
after the date upon which the order is adopted.
Notice of such election
shall be given by the municipal clerk by notice published in a newspaper
published in the municipality. * * * The notice shall be published once
each week for three (3) successive weeks preceding the date of such election.
The first notice * * *
shall be published at least thirty (30) days before the date of * * * the election. Notice shall also be
given by posting a copy of * * * the notice at three (3) public
places in * * *
the municipality not less than twenty-one (21) days prior to the date of * * * the election. One (1) of * * * the notices shall be posted at the
city, town or village hall. In the event * * * there is no newspaper published in the
municipality, * * *
such notice shall be published as provided for above in a newspaper which has a
general circulation within the municipality and by posting as provided for
above. * * *
Additionally, the governing authority may publish * * * notice in * * * the newspaper for * * * as many additional times as may be
deemed necessary by the governing authority.
Each candidate shall qualify
by petition filed with the municipal clerk by 5:00 p.m. at least twenty (20)
days before the date of the election and * * * signed by not less than
the following number of qualified electors:
(a) For an office of a
city, town * * *,
village, or municipal district having a population of one thousand
(1,000) or more, not less than fifty (50) qualified electors.
(b) For an office of a
city, town * * *,
village, or municipal district having a population of less than one
thousand (1,000), not less than fifteen (15) qualified electors.
No qualifying fee * * * is required of any candidate,
and the election * * * shall be held as far as practicable in the same manner as
municipal general elections.
The candidate receiving a
majority of the votes cast in * * * the election shall be elected. If
no candidate * * *
receives a majority vote at the election, the two (2) candidates
receiving the highest number of votes * * * will have their names placed on
the ballot for the election to be held * * * three (3) weeks thereafter. The
candidate receiving a majority of the votes cast in * * * that election shall be elected.
However, if no candidate * * *shall receives a majority and there is a tie in the
election of those receiving the next highest vote, those receiving the next
highest vote and the candidate receiving the highest vote * * * will have their names placed on
the ballot for the election to be held * * * three (3) weeks thereafter, and
whoever receives the most votes cast in * * * that election shall be elected.
Should the election * * * held * * * three (3) weeks thereafter
result in a tie vote, the prevailing candidate * * * will be decided by a
toss of a coin or by lot * * * fairly and publicly drawn under * * * supervision by the election commission with
the aid of two (2) or more qualified electors of the municipality.
The clerk of the election
commission shall then give a certificate of election to the person elected, and* * * return to the Secretary of State a copy
of the order of holding the election and runoff election * * * results * * *, certified by the clerk of the
governing authority. The person elected shall be commissioned by the Governor.
However, if nineteen (19)
days prior to the date of the election only one (1) person shall have qualified
as a candidate, the governing authority, or remainder of the governing
authority, shall dispense with the election and appoint that one (1) candidate
in lieu of an election. In the event no person shall have qualified by 5:00
p.m. at least twenty (20) days prior to the date of the election, the governing
authority or remainder of the governing authority shall dispense with the election
and fill the vacancy by appointment. The clerk of the governing authority
shall certify the appointment to the Secretary of State * * *, and the person * * * shall be commissioned by the
Governor.
SECTION 187. Section 23-15-859, Mississippi Code of 1972, is amended as follows:
23-15-859. Whenever under
any statute a special election is required or authorized to be held in any
municipality, and the statute authorizing or requiring such election does not
specify the time within which such election shall be called, or the notice
which shall be given * * *,
the governing authorities of the municipality shall, by resolution, fix a date
upon which such election shall be held. * * * The date shall not be less than
twenty-one (21) nor more than thirty (30) days after the date upon which such
resolution is adopted, and not less than three (3) weeks' notice of such
election shall be given by the clerk by a notice published in a newspaper
published in the municipality once each week for three (3) weeks next preceding
the date of * * *
the election, and by posting a copy of * * * the notice at three (3) public
places in such municipality. Nothing herein, however, shall be applicable to
elections on the question of the issuance of the bonds of a municipality or to
general or primary elections for the election of municipal officers.
The provisions of this section shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflicts between the provisions of such section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.
SECTION 188. Section 23-15-873, Mississippi Code of 1972, is amended as follows:
23-15-873. (1) No person, whether an officer or not, shall, in order to promote his own candidacy, or that of any other person, to be a candidate for public office in this state, directly or indirectly, himself or through another person, promise to appoint, or promise to secure or assist in securing the appointment, nomination or election of another person to any public position or employment, or to secure or assist in securing any public contract or the employment of any person under any public contractor, or to secure or assist in securing the expenditure of any public funds in the personal behalf of any particular person or group of persons, except that the candidate may publicly announce what is his choice or purpose in relation to an election in which he may be called on to take part if elected.
(2) It shall be
unlawful for any person to directly or indirectly solicit or receive any
promise by this section prohibited. But this does not apply to * * * any person when it comes to
their office force.
(3) Any violation of this section shall constitute a violation of Section 97-13-37 and shall be referred to the district attorney for prosecution.
SECTION 189. Section 23-15-874, Mississippi Code of 1972, is amended as follows:
23-15-874. A candidate for judicial office shall not use court administrators, deputy court administrators, court reporters, deputy court reporters, judges' secretaries or law clerks as workers in his campaign activities. Violations of this section shall be referred to the Commission on Judicial Performance.
SECTION 190. Section 23-15-875, Mississippi Code of 1972, is amended as follows:
23-15-875. No person,
including a candidate, shall publicly or privately make, in a campaign then in
progress, any charge or charges reflecting upon the honesty, integrity or moral
character of any candidate, so far as his private life is concerned, unless the
charge be in fact true and actually capable of proof; and any person who makes
any such charge shall have the burden of proof to show the truth thereof when
called to account therefor under any affidavit or indictment against him for a
violation of this section. Any language deliberately uttered or published
which, when fairly and reasonably construed and as commonly understood, would
clearly and unmistakably imply any such charge, shall be deemed and held to be
the equivalent of a direct charge. * * *
SECTION 191. Section 23-15-881, Mississippi Code of 1972, is amended as follows:
23-15-881. It shall be
unlawful for the * * * Mississippi Transportation Commission or any member
of the * * *
Mississippi Transportation Commission, or the board of supervisors of
any county or any member of the board of supervisors of such county, to employ,
during the months of May, June, July and August of any year in which a general
primary election is held for the nomination and election of members of the * * * Mississippi Transportation
Commission and members of the boards of supervisors, a greater number of
persons to work and maintain the state highways, in any highway district, or
the public roads, in any supervisors district of the county, as the case may
be, than the average number of persons employed for similar purposes in such
highway district or supervisors district, as the case may be, during the months
of May, June, July and August of the three (3) years immediately preceding the
year in which such general primary election is held. It shall be unlawful for
the * * *
Mississippi Transportation Commission, or the board of supervisors of
any county, to expend out of the state highway funds, or the road funds of the
county or any supervisors district thereof, as the case may be, in the payment
of wages or other compensation for labor performed in working and maintaining
the highways of any highway district, or the public roads of any supervisors
district of the county, as the case may be, during the months of May, June,
July and August of such election year, a total amount in excess of the average
total amount expended for such labor, in such highway district or supervisors
district, as the case may be, during the corresponding four * * *-month period of the three (3)
years immediately preceding.
It shall be the duty of the * * * Mississippi Transportation
Commission and the board of supervisors of each county, respectively, to keep
sufficient records of the numbers of employees and expenditures made for labor
on the state highways of each highway district, and the public roads of each
supervisors district, for the months of May, June, July and August of each
year, to show the number of persons employed for such work in each highway
district and each supervisors district, as the case may be, during said four * * *-month period, and the total
amount expended in the payment of salaries and other compensation to such
employees, so that it may be ascertained, from an examination of such records,
whether or not the provisions of this chapter have been violated.
It is provided, however,
because of the abnormal conditions existing in certain counties of the state
due to recent floods in which roads and bridges have been materially damaged or
washed away and destroyed, if the board of supervisors in any county passes a
resolution as provided in Section 19-9-11, Mississippi Code of 1972, for the
emergency issuance of road and bridge bonds * * *.
SECTION 192. Section 23-15-891, Mississippi Code of 1972, is amended as follows:
23-15-891. No common
carrier, * * * Internet service provider, or telephone company shall
give to any candidate, or to any member of any political committee, or to any
person to be used to aid or promote the success or defeat of any candidate for
election for any public office, free transportation or * * * Internet service or telephone
service, as the case may be, or any reduction thereof that is not made alike to
all other persons. All persons required by the provisions of this chapter to
make and file statements shall make oath that they have not received or made
use of, directly or indirectly, in connection with any candidacy for nomination
to any public office, free transportation or * * * Internet or telephone service.
SECTION 193. Section 23-15-895, Mississippi Code of 1972, is amended as follows:
23-15-895. * * * No
candidate for an elective office, or any representative of such candidate, or
for any proponent or opponent of any constitutional amendment, local issue or
other measure printed on the ballot * * * may post or distribute cards, posters,
or other campaign literature within one hundred fifty (150) feet of any
entrance of the building wherein any election is being held. * * * No
candidate or a representative named by him in writing * * * may appear at any polling place while
armed or uniformed, * * * or display any badge or credentials except as may be
issued by the manager of the polling place. As used in this section, the term
"local issue" shall have the meaning ascribed to such term in Section
23-15-375. This section shall be enforced by election and law enforcement
officials.
SECTION 194. Section 23-15-897, Mississippi Code of 1972, is amended as follows:
23-15-897. * * *
(1)
"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.
(a) "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.
(b) "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) Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the candidate or political committee's home page provides the information required by subsection (2), and each electronic publication provides a link to that home page.
SECTION 195. Section 23-15-899, Mississippi Code of 1972, is amended as follows:
23-15-899. * * *
SECTION 196. Section 23-15-901, Mississippi Code of 1972, is amended as follows:
23-15-901. Electors shall in all cases other than those of treason, felony, or breach of the peace be privileged from arrest during their attendance on elections and going to and returning from the same.
SECTION 197. Section 23-15-903, Mississippi Code of 1972, is amended as follows:
23-15-903. In addition to
any other procedure provided by law, any person who has reason to believe that
any election law has been violated may file a written complaint with the election
commissioners * * *
of the county in which the alleged violation occurred. If the election
commissioners * * * determine the
allegations in the complaint, if true, would be a violation * * * of this chapter or 97-13-1
et seq., the election commissioners shall refer the complaint to the
district attorney * * * for prosecution.
SECTION 198. Section 23-15-905, Mississippi Code of 1972, is amended as follows:
23-15-905. (1) * * * No
person may qualify as a candidate for more than one (1) office if the election
for those offices occurs on the same day. If a person takes the steps
necessary to qualify for more than one (1) office, the appropriate executive
committee or election commissioner shall determine the last office for which
the person qualified and the person shall be considered to be qualified as a
candidate for that office only and the person shall be notified of this
determination. The provisions of this subsection shall not apply to elections
for municipal office.
(2) * * * No person may
qualify as a candidate for more than one (1) municipal office if the election
for those offices occurs on the same day. If a person takes the steps
necessary to qualify for more than one (1) office, the appropriate executive
committee or election commissioner shall determine the last office for which
the person qualified and the person shall be considered to be qualified as a
candidate for that office only and the person shall be notified of this
determination.
SECTION 199. 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 thereat 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 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 therewith. At any time
within twelve (12) days after the canvass and examination of the box and its
contents by the election commission or executive committee, as the case may be,
any candidate or his representative authorized in writing by him shall have the
right of full examination of said box and its contents upon three (3) days'
notice of his application therefor served upon the opposing candidate(s). * * * 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 dwelling;
(ii) 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;
(iii) By email or other electronic means, with receipt deemed upon transmission; or
(iv) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at such candidate's residence with receipt deemed mailing.
(b) 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 such candidate or candidates by United States first class mail, postage prepaid, return receipt requested thereon. 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.
(c) The examination
shall be conducted in the presence of the circuit clerk or his deputy who shall
be charged with the duty to see that none of the contents of the box 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 * * *. 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.
(2) The provisions of this section allowing the examination of ballot boxes 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 200. Section 23-15-913, Mississippi Code of 1972, is amended as follows:
23-15-913. The judges listed
and selected to hear election disputes, as provided in Section 23-15-903,
shall be available on election day to immediately hear and resolve any election
day disputes. The rules for filing pleadings shall be relaxed to carry out the
purposes of this section. The judges selected shall perform no other judicial
duties on election day. The Supreme Court shall make judges available to hear
disputes in the county in which the disputes occur but no judge shall hear
disputes in the district * * *, subdistrict or county in which he was elected nor shall any
judge hear any dispute in which any potential conflict may arise. Each judge
shall be fair and impartial and shall be assigned on that basis.
SECTION 201. Section 23-15-921, Mississippi Code of 1972, is brought forward 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 or county district office, or as the nominee of a legislative district composed of one (1) county or less, may, within twenty (20) days after the primary election, 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 202. Section 23-15-923, Mississippi Code of 1972, is brought forward as follows:
23-15-923. Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee in state, congressional and judicial districts, and in legislative districts composed of more than one (1) county or parts of more than one (1) county, upon complaint filed with the chairman of the State Executive Committee, by petition, 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 committee. The State Executive Committee by majority vote of members present shall declare the true results of such primary.
SECTION 203. Section 23-15-925, Mississippi Code of 1972, is brought forward as follows:
23-15-925. For the proper enforcement of the preceding sections the committee has the power to subpoena and, if necessary, attach witnesses needed in said investigation.
SECTION 204. Section 23-15-927, Mississippi Code of 1972, is brought forward as follows:
23-15-927. When and after any contest has been filed with the county executive committee, or complaint with the State Executive Committee, and the executive committee having jurisdiction fails to promptly meet or, having met, fails or unreasonably delays to fully act upon the contest or complaint or fails to give with reasonable promptness the full relief required by the facts and the law, the contestant shall have the right forthwith to file in the circuit court of the county in which the irregularities are charged to have occurred, or, if more than one (1) county is involved, then in one (1) of the counties, a sworn copy of his protest or complaint, together with a sworn petition, setting forth with particularity how the executive committee has wrongfully failed to act or to fully and promptly investigate or has wrongfully denied the relief prayed by the contest, with a prayer for a judicial review thereof. A petition for judicial review must be filed within ten (10) days after any contest or complaint has been filed with an executive committee. The petition for a judicial review shall not be filed unless it bears the certificate of two (2) practicing attorneys stating that they have each fully made an independent investigation into the matters of fact and of law upon which the protest and petition are based, and that after the investigation they believe that the protest and petition should be sustained and that the relief prayed in the protest and petitions should be granted; the two (2) attorneys may not be practicing in the same law firm. The petitioner shall give a cost bond in the sum of Three Hundred Dollars ($300.00), with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the judge, if necessary, at any subsequent stage of the proceedings. The filing of the petition for judicial review in the manner set forth in this section shall automatically supersede and suspend the operation and effect of the order, ruling or judgment of the executive committee appealed from. In no event shall a prayer for relief be filed in any court other than the appropriate circuit court as authorized in this section.
SECTION 205. Section 23-15-929, Mississippi Code of 1972, is brought forward as follows:
23-15-929. Upon the filing of the petition and bond as provided for in Section 23-15-927, the circuit clerk shall immediately, by registered letter or by telegraph or telephone, or personally, notify the Chief Justice of the Supreme Court, or, in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or a retired judge on senior status of a district other than that which embraces the county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint, and it shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice, to be served in such reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has one to prefer.
SECTION 206. Section 23-15-931, Mississippi Code of 1972, is brought forward as follows:
23-15-931. When the day for the hearing has been set, the circuit clerk shall issue subpoenas for witnesses as in other litigated cases, and he shall also issue a summons to each of the five (5) election commissioners of the county, unless they waive summons, requiring them to attend the hearing, throughout which the commissioners shall sit with the judge as advisors or assistants in the trial and determination of the facts, and as assistants in counts, calculations and inspections, and in seeing to it that ballots, papers, documents, books and the like are diligently secured against misplacement, alteration, concealment or loss both in the sessions and during recesses or adjournments. The judge is, however, the controlling judge both of the facts and the law, and has all the power in every respect of a circuit judge in termtime. The tribunal shall be attended by the sheriff, and clerk, each with sufficient deputies, and by a court reporter. The special tribunal so constituted shall fully hear the contest or complaint de novo, and the original contestant before the party executive committee shall have the burden of proof and the burden of going forward with the evidence in the hearing before the special tribunal. The special tribunal, after the contest or complaint has been fully heard anew, shall make a finding dictated to the reporter covering all controverted material issues of fact, together with any dissents of any commissioner, and thereupon, the trial judge shall enter the judgment which the county executive committee should have entered, of which the election commissioners shall take judicial notice, or if the matter be one within the jurisdiction of the State Executive Committee, the judgment shall be certified and promptly forwarded to the Secretary of the State Executive Committee, and, in the absence of an appeal, it shall be the duty of the State Executive Committee forthwith to reassemble and revise any decision theretofore made by it so as to conform to the judicial judgment; that when the contest is upon a complaint filed with the State Executive Committee and the petition to the court avers that the wrong or irregularity is one which occurred wholly within the proceedings of the state committee, the petition to the court shall be filed in the Circuit Court of Hinds County and, after notice served, shall be promptly heard by the circuit judge of that county, without the attendance of commissioners.
SECTION 207. Section 23-15-933, Mississippi Code of 1972, is brought forward as follows:
23-15-933. The contestant or contestee, or both, may file an appeal in the Supreme Court within the time and under such conditions and procedures as are established by the Supreme Court for other appeals. If the findings of fact have been concurred in by all the commissioners in attendance, provided as many as three (3) commissioners are and have been in attendance, the facts shall not be subject to appellate review. But if not so many as three (3) of the commissioners are or have been in attendance, or if one or more commissioners dissent, upon review, the Supreme Court may make such findings as the evidence requires.
SECTION 208. Section 23-15-935, Mississippi Code of 1972, is brought forward as follows:
23-15-935. The trial judge shall have the same power to compel the attendance of the election commissioners upon and throughout the hearings as is given to the judge of a circuit court to compel the attendance of jurors, and the commissioners must attend unless physically unable so to do. But if any one or more or all of the commissioners are absent so as to not be served with notice, or is or are physically unable to attend, the trial judge shall proceed without them or any of them, so that the hearing shall not be delayed on their account or on account of any one or more of them. When, under Section 23-15-937, the hearing is transferred in whole or in part to another county or counties, the election commissioners of the county or counties to which the hearing is transferred shall attend the hearings in their respective counties, subject to foregoing provisions in respect to absent or disabled commissioners.
SECTION 209. Section 23-15-937, Mississippi Code of 1972, is amended as follows:
23-15-937. If more than one (1) county is involved in a contest or complaint, the judge shall have the authority to transfer the hearing to a more convenient county within the district, if the contest or complaint involves a district office, or within the state if the contest or complaint involves a state office; or the judge may proceed to any county or counties in which the facts complained of are charged to have transpired, and there hear the evidence and make a finding of facts relating to that county and any convenient neighboring county or counties, but, in any event, if possible with due diligence to do so, the hearing must be completed and final judgment rendered in time to permit the printing and distribution of the official ballots at the election for which the contested nomination is made. When any judge lawfully designated to hear a contest or complaint shall not promptly and diligently proceed with the hearing and final determination of the contest or complaint, he shall be guilty of a high misdemeanor in office unless excused by actual illness, or by an equivalent excuse. When no final decision has been made by the time the official ballots are required to be printed, the name of the nominee declared by the party executive committee shall be printed on the official ballots as the party nominee, but the contest or complaint shall not thereby be dismissed but the cause shall nevertheless proceed to final judgment and if the judgment is in favor of the contestant, the election of the contestee shall thereby be vacated and the Governor, or the Lieutenant Governor, in case the Governor is a party to the contest, shall call a special election for the office or offices involved. If the contestee has already entered upon the term he shall vacate the office upon the qualification of the person elected at the special election, and may be removed by quo warranto if he fails so to do.
SECTION 210. Section 23-15-939, Mississippi Code of 1972, is amended as follows:
23-15-939. The reasonable traveling expenses of the judge or chancellor shall be paid by order of the board of supervisors of the county or counties in which a contest or complaint is heard, upon an itemized certificate thereof by the judge or chancellor. The election commissioners shall be compensated for their services rendered under this section as is provided in Section 23-15-227.
SECTION 211. Section 23-15-941, Mississippi Code of 1972, is brought forward as follows:
23-15-941. If upon the hearing of a primary election contest or complaint, under Section 23-15-931, it shall distinctly appear to the trial judge that any person, including a candidate or election officer, has willfully and corruptly violated any primary election statute and such violation is by said statute made a criminal offense, whether a misdemeanor or a felony, it shall be the duty of the trial judge to issue immediately his warrant for the arrest of the guilty party, reciting in his order therefor, in brief, the grounds or causes for the arrest. Such warrant and a certified copy of the order shall be forthwith placed in the hands of the sheriff of the county wherein the offense occurred, and the sheriff shall at once, upon receipt of the warrant, arrest the party and commit him to prison, unless and until the party give bond in the sum of Five Hundred Dollars ($500.00) with two (2) or more good and sufficient sureties conditioned for his appearance at the next term of the circuit court and from term to term until discharged by law. When the arrest has been made and the bond, if any, given, the sheriff shall deliver all the papers therein with his return thereon to the circuit clerk who shall file, and thereafter personally deliver, the same to the foreman of the next grand jury.
SECTION 212. Section 23-15-951, Mississippi Code of 1972, is brought forward as follows:
23-15-951. Except as otherwise provided by Section 23-15-955 or 23-15-961, a person desiring to contest the election of another person returned as elected to any office within any county, may, within twenty (20) days after the election, file a petition in the office of the clerk of the circuit court of the county, setting forth the grounds upon which the election is contested. When such a petition is filed, the circuit clerk shall immediately notify, by registered letter, telegraph, telephone, or personally the Chief Justice of the Supreme Court or in his absence, or disability, some other Justice of the Supreme Court, who shall forthwith designate and notify a circuit judge or chancellor of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. The circuit clerk shall also cause a copy of such petition to be served upon the contestee, which shall serve as notice to such contestee.
The Supreme Court shall compile a list of judges throughout the state to hear such disputes before an election. It shall be the official duty of the designated circuit judge or chancellor to proceed to discharge the duty of hearing the contest at the earliest possible date. The date of the contest shall be fixed by the judge or chancellor, and the judge or chancellor shall provide reasonable notice to the contestant and the contestee of the date and time fixed for the contest. The judge or chancellor shall cause the contestant and contestee to be served in a reasonable manner. When the contestee is served, such contestee shall promptly file his answer, and cross-complaint, if the contestee has a cross-complaint.
The court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict of the jury shall find the person having the greatest number of legal votes at the election. If the jury shall find against the person returned elected, the clerk shall issue a certificate thereof; and the person in whose favor the jury shall find shall be commissioned by the Governor, and shall qualify and enter upon the duties of his office. Each party shall be allowed ten (10) peremptory challenges, and new trials shall be granted and costs awarded as in other cases. In case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty (20) days after the election, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his office.
A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination in a political party primary election shall comply with the provisions of Section 23-15-961.
SECTION 213. Section 23-15-953, Mississippi Code of 1972, is brought forward as follows:
23-15-953. If the petition shall be filed more than forty (40) days before the term of the circuit court next after the election which is contested, the summons may be made returnable, and a trial of the issue be had in vacation, in the manner prescribed for a trial in vacation of an information in the nature of a quo warranto; and all of the provisions in reference to a trial in vacation of such proceedings shall apply to the trial of issues as to contested elections in the state of case herein mentioned; but this section shall not be held to include a contest of the election of a justice court judge, constable, coroner, surveyor, or member of a board of supervisors.
SECTION 214. Section 23-15-955, Mississippi Code of 1972, is brought forward as follows:
23-15-955. Except as otherwise provided by Section 23-15-961, the person contesting the seat of any member of the Senate or House of Representatives shall comply with the provisions of this section. Section 38, Mississippi Constitution of 1890, provides that each house of the Mississippi State Legislature shall judge the qualifications, return and election of its membership. Pursuant to that authority, the House of Representatives shall have exclusive jurisdiction over an election contest regarding the seat of any member of the House of Representatives, and the Senate shall have exclusive jurisdiction over an election contest regarding the seat of any member of the Senate. An election contest regarding the seat of a member of the House of Representatives or the Senate shall be filed with the Clerk of the House or the Secretary of the Senate, as the case may be, within thirty (30) days after a regular general election or ten (10) days after a special election to fill a vacancy. The legislative resolution of the election contest shall be conducted in accordance with procedures and precedents established by the House of Representatives or the Senate, as the case may be. Such procedures and precedents may be found in the Journals of the House of Representatives and of the State Senate and/or in the published Rules of the House of Representatives and of the State Senate.
SECTION 215. Section 23-15-957, Mississippi Code of 1972, is brought forward as follows:
23-15-957. Each house of the Legislature, the Clerk of the House of Representatives, the Secretary of the Senate, or any committee appointed to investigate the facts concerning the election or qualifications of any member or persons claimed to be such, shall have power to issue subpoenas and compel the attendance of witnesses and the production of such documents or papers as may be required. In addition, the clerk or the secretary, as the case may be, shall have the authority to enforce any subpoena issued by him or her and to enforce compliance with the time limitations set forth in Section 23-15-955 or in any internal procedure or precedent of the respective house of the State Legislature.
SECTION 216. Section 23-15-961, Mississippi Code of 1972, is brought forward as follows:
23-15-961. (1) Any person desiring to contest the qualifications of another person as a candidate for nomination in a political party primary election shall file a petition specifically setting forth the grounds of the challenge within ten (10) days after the qualifying deadline for the office in question. The petition shall be filed with the executive committee with whom the candidate in question qualified.
(2) Within ten (10) days of receipt of the petition described in subsection (1) of this section, the appropriate executive committee shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate executive committee shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at that meeting and present evidence in support of his position.
(3) If the appropriate executive committee fails to rule upon the petition within the time required in subsection (2) of this section, that inaction shall be interpreted as a denial of the request for relief contained in the petition.
(4) Any party aggrieved by the action or inaction of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the executive committee whose decision is being reviewed sits. The petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee. The person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(5) Upon the filing of the petition and bond, the circuit clerk shall immediately, by registered letter or by telegraph or by telephone, or personally, notify the Chief Justice of the Supreme Court, or in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or retired judge on senior status of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. It shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice. The contestant and contestee are to be served in a reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has a cross-complaint. The hearing before the trial court shall be de novo. The matter shall be tried to the trial judge, without a jury. After hearing the evidence, the trial judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The trial judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(6) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate executive committee is entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(7) The procedure set forth in this section shall be the sole and only manner in which the qualifications of a candidate seeking public office as a party nominee may be challenged prior to the time of his nomination or election. After a party nominee has been elected to public office, the election may be challenged as otherwise provided by law. After a party nominee assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 217. Section 23-15-963, Mississippi Code of 1972, is amended as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to
contest the qualifications of another person who has qualified pursuant to the
provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for
municipal office elected on the date designated by law for regular municipal
elections, shall file a petition specifically setting forth the grounds of the
challenge no later than thirty-one (31) days after the date of the first
primary election set forth in Section 23-15-309, Mississippi Code of 1972.
Such petition shall be filed with the municipal election commissioners * * *, being the same body with whom the
candidate in question qualified pursuant to Section 23-15-361, Mississippi Code
of 1972.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by the action or inaction of the appropriate election officials may file a petition for judicial review to the circuit court of the county in which the election officials whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate election officials. Such person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(7) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(8) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(9) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office who qualified pursuant to the provisions of Sections 23-15-359, 23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged prior to the time of his election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 218. Section 23-15-973, Mississippi Code of 1972, is brought forward as follows:
23-15-973. It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of judge of the Supreme Court, judges of the Court of Appeals, circuit judge and chancellor to address the people during court terms. In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations. It shall be unlawful for any candidate for any of the offices mentioned in this section to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign. Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote. Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one (1) of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void.
SECTION 219. Section 23-15-974, Mississippi Code of 1972, is brought forward as follows:
23-15-974. Sections 23-15-974 through 23-15-985 of this subarticle shall be known as the "Nonpartisan Judicial Election Act."
SECTION 220. Section 23-15-975, Mississippi Code of 1972, is brought forward as follows:
23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge. All such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.
SECTION 221. Section 23-15-976, Mississippi Code of 1972, is brought forward as follows:
23-15-976. A judicial office is a nonpartisan office and a candidate for election thereto is prohibited from campaigning or qualifying for such an office based on party affiliation. The Legislature finds that in order to ensure that campaigns for nonpartisan judicial office remain nonpartisan and without any connection to a political party, political parties and any committee or political committee affiliated with a political party shall not engage in fund-raising on behalf of a candidate or officeholder of a nonpartisan judicial office, nor shall a political party or any committee or political committee affiliated with a political party make any contribution to a candidate for nonpartisan judicial office or the political committee of a candidate for nonpartisan judicial office, nor shall a political party or any committee or political committee affiliated with a political party publicly endorse any candidate for nonpartisan judicial office. No candidate or candidate's political committee for nonpartisan judicial office shall accept a contribution from a political party or any committee or political committee affiliated with a political party.
SECTION 222. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) Except as otherwise provided in this section, all candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:
(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of Fifteen Dollars ($15.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial
offices listed in paragraph (c) of subsection (1) of this section shall file
their intent to be a candidate with, and pay the proper assessment made
pursuant to subsection (1) of this section to, the circuit clerk of the proper
county. The circuit clerk shall notify the county election commissioners * * * of all persons who have filed their
intent to be a candidate with, and paid the proper assessment to, such clerk.
Such notification shall occur within two (2) business days and shall contain
all necessary information.
(4) If only one (1) person files his intent to be a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person subsequently dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 223. Section 23-15-977.1, Mississippi Code of 1972, is brought forward as follows:
23-15-977.1. Simultaneously with filing the required documents to seek election for a judicial office, the candidate shall sign the following pledge under oath and under penalty of perjury:
"State of Mississippi
County of ___________
I, (name of candidate), do solemnly swear or affirm under penalty of perjury that I will faithfully abide by all laws, canons and regulations applicable to elections for judicial office, understanding that a campaign for a judicial office should reflect the dignity, responsibility and professional character that a person chosen for a judicial office should possess.
(signature of candidate)
(name of candidate)
Sworn to and subscribed before me, this the ________ day of ______________________, _____.
_______________________________
Notary Public or other official
authorized to administer oaths"
SECTION 224. Section 23-15-978, Mississippi Code of 1972, is brought forward as follows:
23-15-978. The names of candidates for judicial office which appear on the ballot at the general election shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan judicial elections.
SECTION 225. Section 23-15-979, Mississippi Code of 1972, is brought forward as follows:
23-15-979. The names of all candidates for judicial office shall be listed in alphabetical order on any ballot and no reference to political party affiliation shall appear on any ballot with respect to any nonpartisan judicial office or candidate.
SECTION 226. Section 23-15-980, Mississippi Code of 1972, is brought forward as follows:
23-15-980. The name of an unopposed candidate for judicial office shall be placed on the general election ballot.
SECTION 227. Section 23-15-981, Mississippi Code of 1972, is brought forward as follows:
23-15-981. If two (2) or more candidates qualify for judicial office, the names of those candidates shall be placed on the general election ballot. If any candidate for such an office receives a majority of the votes cast for such office in the general election, he shall be declared elected. If no candidate for such office receives a majority of the votes cast for such office in the general election, the names of the two (2) candidates receiving the highest number of votes for such office shall be placed on the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
SECTION 228. Section 23-15-985, Mississippi Code of 1972, is brought forward as follows:
23-15-985. In any election for judicial office, all qualified electors, regardless of party affiliation or lack thereof, shall be qualified to vote for candidates for nomination for judicial office.
SECTION 229. Section 23-15-991, Mississippi Code of 1972, is brought forward as follows:
23-15-991. The term of office of judges of the Supreme Court shall be eight (8) years. Concurrently with the regular election for representatives in Congress, held next preceding the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the Supreme Court district from which such incumbent was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
SECTION 230. Section 23-15-993, Mississippi Code of 1972, is brought forward as follows:
23-15-993. For the purpose of all elections, each of the nine (9) judgeships of the Supreme Court shall be considered a separate office. The three (3) offices in each of the three (3) Supreme Court districts shall be designated Position Number 1, Position Number 2 and Position Number 3, and in qualifying for office as a candidate for any office of judge of the Supreme Court each candidate shall state the position number of the office to which he aspires and the regular election ballots shall so indicate. In Supreme Court District Number 1: Position Number 1 shall be that office for which the term ends in January 1966; Position Number 2 shall be that office for which the term ends in January 1965; and Position Number 3 shall be that office for which the term ends in January 1969. In District Number 2: Position Number 1 shall be that office for which the term ends in January 1972; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be for that office for which the term ends in January 1973. In District Number 3: Position Number 1 shall be that office for which the term ends in January 1969; Position Number 2 shall be that office for which the term ends in January 1969; and Position Number 3 shall be that office for which the term ends in January 1965.
SECTION 231. The following shall be codified as Section 23-15-994, Mississippi Code of 1972:
23-15-994. Elections for the office of judge of the Court of Appeals shall be as prescribed in Section 9-4-1 et seq.
SECTION 232. Section 23-15-995, Mississippi Code of 1972, is brought forward as follows:
23-15-995. Except as may be otherwise provided by the provisions of Sections 23-15-974 through 23-15-985, the general laws for the election of state officers shall apply to and govern the election of judges of the Supreme Court.
SECTION 233. Section 23-15-1011, Mississippi Code of 1972, is brought forward as follows:
23-15-1011. Circuit court judges and chancery court judges so elected shall take office at the time, and hold office for the term, provided in Sections 9-5-1 and 9-7-1, Mississippi Code of 1972.
SECTION 234. Section 23-15-1015, Mississippi Code of 1972, is brought forward as follows:
23-15-1015. On Tuesday after the first Monday in November 1986, and every four (4) years thereafter and concurrently with the election for representatives in Congress, there shall be held an election in every county for judges of the several circuit and chancery court districts; provided, however, that the terms of judges of the several circuit and chancery court districts shall be six (6) years beginning with the term commencing January 2003. The laws regulating the general elections shall, except as otherwise provided for in Sections 23-15-974 through 23-15-985, apply to and govern elections of judges of the circuit and chancery courts.
SECTION 235. Section 23-15-1021, Mississippi Code of 1972, is brought forward as follows:
23-15-1021. It shall be unlawful for any individual or political action committee not affiliated with a political party to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Thousand Five Hundred Dollars ($2,500.00) for the purpose of aiding any candidate or candidate's political committee for judge of a county, circuit or chancery court or in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, or to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property in excess of Two Thousand Five Hundred Dollars ($2,500.00) to any candidate or the candidate's political committee for judge of a county, circuit or chancery court or in excess of Five Thousand Dollars ($5,000.00) for the purpose of aiding any candidate or candidate's political committee for judge of the Court of Appeals or justice of the Supreme Court, as a contribution to the expense of a candidate for judicial office.
SECTION 236. Section 23-15-1023, Mississippi Code of 1972, is brought forward as follows:
23-15-1023. Judicial candidates shall disclose the identity of any individual or entity from which the candidate or the candidate's committee receives a loan or other extension of credit for use in his campaign and any cosigners for a loan or extension of credit. The candidate or the candidate's committee shall disclose how the loan or other extension of credit was used, and how and when the loan or other extension of credit is to be repaid and the method of repayment. The candidate or the candidate's committee shall disclose all loan documents related to such loans or extensions of credit.
SECTION 237. Section 23-15-1025, Mississippi Code of 1972, is brought forward as follows:
23-15-1025. If any material is distributed by a judicial candidate or his campaign committee or any other person or entity, or at the request of the candidate, his campaign committee or any other person or entity distributing the material shall state that it is distributed by the candidate or that it is being distributed with the candidate's approval. All such material shall conspicuously identify who has prepared the material and who is distributing the material. The identifying language shall state whether or not the material has been submitted to and approved by the candidate. If the candidate has not approved the material, the material shall so state. The identity of organizations or committees shall state the names of all officers of the organizations or committees. Any person, who violates the provisions of this section, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment for six (6) months or both fine and imprisonment.
SECTION 238. Section 23-15-1031, Mississippi Code of 1972, is amended as follows:
23-15-1031. Except as * * * provided by Section 23-15-1081,
the * * *
primary election for Congressmen shall be held on the first Tuesday in June of
the years in which congressmen are elected, and * * * a second primary, * * * if necessary, shall be held
three (3) weeks thereafter. Each year in which a presidential election is
held, the congressional primary shall be held as provided in Section 23-15-1081.
The election shall be held in all districts of the state on the same day.
Candidates for United States Senator shall be nominated at the congressional
primary next preceding the general election at which a senator is to be elected
and in the same manner that congressmen are nominated * * *. The chairman and secretary of
the state executive committee shall certify the vote for United States Senator
to the Secretary of State in the same manner that county executive committees
certify the returns of counties in general state and county primary elections.
SECTION 239. Section 23-15-1033, Mississippi Code of 1972, is amended as follows:
23-15-1033. Representatives
in the Congress of the United States shall be chosen by districts on the first
Tuesday after the first Monday of November in the year 1986, and every two (2)
years * * *
after. The laws regulating general elections shall * * * apply to and govern elections for
representatives in Congress; and the Governor shall issue a commission to the
person elected in each * * * district * * *s.
SECTION 240. Section 23-15-1035, Mississippi Code of 1972, is brought forward as follows:
23-15-1035. Each congressional district shall be entitled to one (1) representative, who shall have attained the age of twenty-five (25) years, and been seven (7) years a citizen of the United States, and who shall, when elected, be an inhabitant of this state.
SECTION 241. Section 23-15-1037, Mississippi Code of 1972, is amended as follows:
23-15-1037. (1) The State
of Mississippi is hereby divided into * * * four (4) congressional
districts below:
FIRST DISTRICT. The First Congressional District shall be composed of the following counties and portions of counties:
Alcorn, Benton, Calhoun,
Chickasaw, Choctaw, Clay, DeSoto, Itawamba, Lafayette, Lee, Lowndes,
Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster * * * and
Winston; in Oktibbeha County, the precincts of * * * Bell Schoolhouse, Bradley, Center
Grove, Maben and Sturgis * * *.
SECOND DISTRICT. The Second Congressional District shall be composed of the following counties and portions of counties:
Attala, Bolivar, Carroll,
Claiborne, Coahoma, Copiah, Grenada, Holmes, Humphreys, Issaquena,
Jefferson, Leake, Leflore, Montgomery, Panola, Quitman, Sharkey,
Sunflower, Tallahatchie, Tunica, Warren, Washington, Yalobusha and
Yazoo; * * * in Hinds County
Precincts 2, 4, 6, 10, 11, 12, 13, 16, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 41, 42, 43, 46, 50, 51
52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 72,
73, 74, 75, 76, 77, 79, 80, 81, 82, 83, 84, * * * 85, 86, 87, 88, 89, 90, 91, 92, 93, 94,
95, 96, 97, and the precincts of Bolton, Brownsville, Byram 1, Byram 2,
Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5,
Clinton 6, Cynthia, Dry Cove, Edwards, Jackson State,
Learned, Old Byram, Pine Haven, Pocahontas, Raymond 1, Raymond 2,
Spring Ridge, St. Thomas, Terry, Tinnin, Utica 1 and Utica 2; * * * in Madison County, the
precincts of * * *
Bible Church, Camden, Cameron, Canton Precinct 1, Canton Precinct
2, Canton Precinct 3, * * * Canton Precinct * * * 4, * * * Canton Precinct * * * 7, * * * Cedar Grove, Couparle, Liberty,
Luther Branson School, Mad. Co. Bap. Fam. Lf. Ct., Magnolia Heights, New
Industrial Park, Ratliff Ferry, Sharon, Tougaloo and Virlilia.
THIRD DISTRICT. The Third
Congressional District shall be composed of the following counties and portions
of counties: * * * Adams, Amite, Covington, Franklin, Jasper, Jefferson
Davis, Kemper, Lauderdale, * * * Lawrence, Lincoln,
Neshoba, Newton, Noxubee, Pike, Rankin, Scott, Simpson, Smith * * * and Walthall; in * * * Clarke County, the
precincts of * * * Beaver Dam, Desoto, East Quitman, Energy,
Enterprise, Harmony Beat 1, Harmony Beat 2, North Quitman, Oak Grove, * * * Pachuta,
Pineridge, Rolling Creek, Snell, Souinlovie, South Quitman, Stonewall Beat 1,
Stonewall Beat 3 and * * *Landrum Union; that portion of * * * Hinds County not included in the
Second Congressional District; that portion of Madison County not included in
the Second Congressional District; and that portion of Oktibbeha County
not included in the First Congressional District * * *.
FOURTH DISTRICT. The Fourth
Congressional District shall be composed of the following counties and portions
of counties: * * *
Forest, George, Greene, Hancock, Harrison, Jackson, Jones, Lamar, Marion,
Pearl River, Perry, Stone, and Wayne; and that portion of Clark County not
included in the Third Congressional District.
* * *
(2) The boundaries of the
congressional districts described in subsection (1) of this section shall be
the boundaries of the counties and precincts listed in subsection (1) as such
boundaries existed on * * * January 3, 2013.
SECTION 242. Section 23-15-1039, Mississippi Code of 1972, is amended as follows:
23-15-1039. Should an
election of representatives in Congress occur after the number of
representatives to which the state is entitled * * * changes, and before the districts * * * conform to the new
apportionment, representatives shall be chosen as follows: * * * If the number of
representatives * * * is * * * increased, then one (1) member
shall be chosen in each district as organized, and the additional member or
members shall be chosen by the electors of the state at large; and if the
number of representatives shall * * * is decreased, then the
whole number shall be chosen by the electors of the state at large.
SECTION 243. Section 23-15-1041, Mississippi Code of 1972, is amended as follows:
23-15-1041. There shall be
elected, by the qualified electors of Mississippi, * * * one (1) United States Senator at the same
time and in the same manner that members of the lower house of Congress are
elected in 1988, and every six (6) years thereafter; and in the same manner
there shall be one (1) United States Senator elected at the congressional
election in 1990, and every six (6) years thereafter; and the person elected
shall be commissioned by the Governor.
SECTION 244. Section 23-15-1051, Mississippi Code of 1972, is amended as follows:
23-15-1051. All duties in
regard to senatorial or other districts of more than one (1) county shall be
performed by the State Executive Committee * * *. All candidates for any such
office * * * shall qualify with the State Executive Committee * * * in the time and manner
established by law.
SECTION 245. Section 23-15-1053, Mississippi Code of 1972, is amended as follows:
23-15-1053. Subject to
federal law and national party rules, the State Executive Committee of each
political party shall determine the method and procedures * * * for the selection of county * * * and the State Executive
Committees * * *. The State Executive Committee of the political
party shall establish * * * procedures for the selection of county and State Executive
Committees at least ninety (90) days * * * before the implementation * * * of the procedures * * *. A copy of any rule
or regulation adopted by the State Executive Committee shall be sent to the
Secretary of State within seven (7) days after its adoption to become a public
record.
SECTION 246. Section 23-15-1054, Mississippi Code of 1972, is amended as follows:
23-15-1054. (1) If there
be any political party * * *
or parties * * *
in any county * * * without a party executive committee * * *, such political party * * * or parties * * *
shall select qualified electors of that county and of that party's
political faith to serve on a temporary county executive committee until
members of a county executive committee are elected at the next regular
election for executive committees. The selection of qualified electors to
serve on the temporary county executive committee shall occur thirty (30) days
before the date for which a candidate for a county office is required to
qualify. The temporary county executive committee shall be selected in the
following manner: Upon petition of five (5) or more members of that
political faith, the chairman of the State Executive Committee * * * desiring to select a temporary
county executive committee * * * shall call a mass meeting of the qualified electors
of their political faith who reside in such county to meet at some convenient
place within such county, at a time to be designated in the call * * *. At the mass convention,
the members of that political faith shall select a temporary county executive
committee * * *.
The temporary county executive committee shall serve until members of a
county executive committee are elected at the next regular election for
executive committees. The public shall be given notice of such mass meeting as
provided in subsection (4) of this section. The chairman of the State
Executive Committee shall authorize the call within five (5) calendar days of
receipt of the petition. If the chairman of the State Executive Committee is
either incapacitated, unavailable or nonresponsive and does not authorize the
mass call within five (5) calendar days of receipt of the petition, any elected
officer of the State Executive Committee may authorize the call within five (5)
calendar days. If no elected officer of the State Executive Committee acts to
approve such petition after an additional five (5) calendar days * * *, the petitioners shall
be authorized to produce the call * * *.
(2) If no county executive
committee is selected or otherwise formed before an election, the State
Executive Committee may serve as the temporary county executive committee and
exercise all of the duties of the county executive committee for the county
election. After a State Executive Committee has fulfilled its duties as the
temporary county executive committee * * * it shall select a county executive committee * * * before the next county election.
(3) A person * * * convicted of a felony in a court
of this state, * * *
any other state, or * * * of the United States shall be barred
from serving as a member of a county executive committee.
(4) The State Executive
Committee shall publish a copy of its call for a meeting in some newspaper
published in the * * *
affected county for three (3) weeks preceding the date set for the mass
convention * * *. If no newspaper is published in the county,
then a copy of the call shall be published in * * * a newspaper having general
circulation in the county and by posting notices in three (3) public places in
the county, one (1) of which shall be the county courthouse or the location
where the county board of supervisors meets to conduct business. The
publication shall occur not less than three (3) weeks before the date for the
mass convention.
SECTION 247. Section 23-15-1055, Mississippi Code of 1972, is amended as follows:
23-15-1055. The State
Executive Committee of each political party shall determine the method and
procedures by which delegates and delegate alternates to the national
nominating conventions are to be selected, as well as adopt any other
rule not inconsistent with this chapter. The State Executive Committee of the
political party shall establish, at least ninety (90) days prior to the * * * first Tuesday in March in years
in which a presidential election is held, procedures to be followed in the
nomination of candidates for delegates and delegate alternates to the
nominating convention of the political party. A copy of any rule or regulation
adopted by the State Executive Committee shall be sent to the Secretary of
State within seven (7) days after its adoption to become a public record.
SECTION 248. Section 23-15-1057, Mississippi Code of 1972, is amended as follows:
23-15-1057. * * * (1)
In the event sufficient cause should arise, and a majority of the membership of
the State Executive Committee deems * * * it necessary for the best
interest of * * *
the political party and the state, * * * the State Executive Committee is
authorized * * * to reconvene the state convention that selected them as
members of the state executive committee at any time after the adjournment of * * * the convention, but not later than
the last day of the year in which * * * the convention was held.
(2) The delegates
chosen from the respective counties to a state convention in accordance with
Section 23-15-1055 shall continue to be delegates from such county to * * * the convention for a period not
later than the last day of the year in which * * * the convention was held.
(3) * * * A convention may be reconvened
upon the call of the chairman of the State Executive Committee * * * only * * * with the approval of a majority of the
State Executive Committee. At least ten (10) days' notice shall be
given by the Chairman of the State Executive Committee of the reconvening of
the state convention * * *.
The notice * * *
shall be given by publication of the call of the chairman in any
newspaper or newspapers having general circulation throughout the state.
(4) In the event a
state convention is reconvened as herein provided * * * in this section, the state
convention may exercise all the power and authority conferred upon * * * the convention by Section 23-15-1055,
and * * * may revise or rescind any action taken at its previous
regular session.
SECTION 249. Section 23-15-1059, Mississippi Code of 1972, is amended as follows:
23-15-1059. The chairman or
secretary of the State Executive Committee of each political party chosen as
provided in Section 23-15-1053 shall register the name of the political party
it represents, and the names of all organizations officially sanctioned by the
political party, with the Secretary of State within thirty (30) days after * * * the political party is organized.
Thereafter, no political party shall use or register any name which is the same
as or deceptively similar to the name of a political party or officially
sanctioned organization which has already been registered with the Secretary of
State by any other political party. No political party or officially
sanctioned organization shall use any name in any campaign literature listing
or describing its candidates which does not correspond with the name of * * * the political party or officially
sanctioned organization registered with the Secretary of State.
(2) * * * The chairman or secretary of the State
Executive Committee of a political party * * *
shall * * *
update the registration of the name of the political party it represents and
the names of all organizations officially sanctioned by the political party
with the Secretary of State * * * on an annual basis, disclosing any
revisions or additions to the information to be provided by affidavit in
accordance with Section 25-15-513.
SECTION 250. Section 23-15-1061, Mississippi Code of 1972, is amended as follows:
23-15-1061. (1) The
application for registration of the political party and any officially
sanctioned organizations named to be presented to the Secretary of State shall
be accompanied by an affidavit of the chairman or secretary of the political
party seeking such registration * * *. The affidavit shall contain a list
of the names of the members of the State Executive Committee, showing the
chairman and secretary, * * *together with the names of the national committeeman and
committeewoman, and * * *
the officers of * * *
the party, * * *
setting forth that * * *
the executive committee and other officers of * * * the party have been elected in
accordance with the provisions of Section 23-15-1053, or any laws supplementary
or amendatory thereof * * *. The Secretary of State is authorized to require further
proof as to the compliance with the provisions of * * * Section 23-15-1053 when * * *
it is reasonable to do so.
(2) The chairman or
secretary of the district and county executive committees of each political
party, chosen as * * *
provided in Section 23-15-1053, shall register the name of the political party
it represents with the chairman or secretary of the State Executive Committee
of * * * that
political party within thirty (30) days after * * * the effective date of
this section. The application for registration shall be accompanied by an
affidavit of the chairman or secretary of the party seeking such registration
listing the names of the members of the district executive committee and of the
State Executive Committee * * *, as the case may be, showing the chairman and secretary and
other officers of * * *
the party, * * *
setting forth that * * *
the executive committee of * * * the party * * * as having been elected in accordance
with the provisions of Section 23-15-1053, or any laws supplementary or
amendatory thereof * * *. The chairman or the secretary of the State Executive
Committee is authorized to require further proof * * * of compliance with the
provisions of * * *
Section 23-15-1053 when * * *in his opinion such party has not complied with same it is
reasonable to do so. Thereafter, no political party shall use or register
any name which is the same as or deceptively similar to the name of a political
party or officially sanctioned organization which has already been registered
with the chairman or secretary of the State Executive Committee by any other
political party. No political party or officially sanctioned organization
shall use any name in any campaign literature listing or describing its
candidates which does not correspond with the name of * * * the political party or officially
sanctioned organization registered with the secretary or chairman of the State
Executive Committee.
SECTION 251. Section 23-15-1063, Mississippi Code of 1972, is amended as follows:
23-15-1063. No political
party in the State of Mississippi shall conduct primaries or enter candidates
in any election unless * * *
the party * * * has been duly organized under the provisions of this
chapter, and the name of * * *such the party * * * has been registered as
provided in this chapter.
SECTION 252. Section 23-15-1065, Mississippi Code of 1972, is amended as follows:
23-15-1065. * * * A person shall be barred from
participating in any primary election held by a political party if that person
claims * * *
or represents himself in any manner to be a member of any state,
district or county executive committee of any political party in this state, or
claims to be the national committeeman or national committeewoman or any
other officer or representative of * * * the political party without having
been lawfully elected or chosen as such in the manner provided by the laws of
this state, or by * * *
the political party in the manner provided by the laws of this state, or * * * claims to be the
nominee of any political party authorized by the laws of this state to hold
primary elections and choose party nominees, when in fact such person has not
been declared the nominee of such political party for such office by such
political party operating under the laws of this state * * *. Any person or persons
who violates the provisions of this section, in addition to other measures or
penalties provided by law, may be enjoined * * * upon application to the courts by any
person or persons, or any political party, official or representative of * * * that political party aggrieved * * *.
SECTION 253. Section 23-15-1067, Mississippi Code of 1972, is amended as follows:
23-15-1067. It shall be
unlawful for any person or group of persons to set up or establish any
political party in this state except in the manner provided by the laws of this
state, and it shall be unlawful for any person or group of persons not lawful
members * * *
of a political party to use, * * * attempt to use or to operate under the name
of any other political party * * * lawfully existing
and operating under the laws of this state * * *. Any person * * * or
persons violating this section, in addition to such other measures or
penalties provided by law, may be enjoined * * * upon application to the courts by any
person, or persons, or any political party, official or representative of * * * that political party aggrieved * * *.
SECTION 254. Section 23-15-1069, Mississippi Code of 1972, is amended as follows:
23-15-1069. The provisions
of Sections 23-15-771 and 23-15-1053 shall be applicable to all political
parties registered * * * under Sections 23-15-1059 and 23-15-1061.
SECTION 255. Section 23-15-1081, Mississippi Code of 1972, is amended as follows:
23-15-1081. A presidential
preference primary may be held on the * * * first Tuesday in March of each
year in which a President of the United States is to be elected. Each political
party which has cast for its candidates for President and Vice President in the
previous presidential election more than twenty percent (20%) of the total vote
cast for President and Vice President in the state, may conduct a presidential
preference primary. No elector shall vote in the primary of more than one (1)
political party in the same presidential preference primary.
SECTION 256. Section 23-15-1083, Mississippi Code of 1972, is amended as follows:
23-15-1083. Beginning in
1988, as an alternative to the congressional primary election date set forth in
Section 23-15-1031, when a political party elects to conduct a presidential
preference primary, the first primary election for congressmen, and senators,
if senators are to be elected, shall be held on the * * * first Tuesday in March, and the
second primary, when one is necessary, shall be held three (3) weeks
thereafter, and the election shall be held in all districts of the state on the
same day.
SECTION 257. Section 23-15-1085, Mississippi Code of 1972, is brought forward as follows:
23-15-1085. The chairman of a party's state executive committee shall notify the Secretary of State if the party intends to hold a presidential preference primary. The Secretary of State shall be notified prior to December 1 of the year preceding the year in which a presidential preference primary may be held pursuant to Section 23-15-1081. Upon such notification, the Secretary of State shall issue a proclamation setting every party's congressional and senatorial primary elections that are to be held in the year in which the presidential preference primary is to be held on the date provided for in Section 23-15-1083. Once the Secretary of State has issued a proclamation pursuant to this section, the date of the congressional and senatorial primary elections shall not be changed.
SECTION 258. Section 23-15-1087, Mississippi Code of 1972, is brought forward as follows:
23-15-1087. Except as otherwise provided in this chapter, the laws regulating primary and general elections shall in so far as practical apply to and govern presidential preference primary elections.
SECTION 259. Section 23-15-1089, Mississippi Code of 1972, is brought forward as follows:
23-15-1089. The Secretary of State shall place the name of a candidate upon the presidential preference primary ballot when the Secretary of State shall have determined that such a candidate is generally recognized throughout the United States or Mississippi as a candidate for the nomination of President of the United States.
On or before December 15 immediately preceding a presidential preference primary election the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates he intends to place on the ballot at the following presidential preference primary election. Following this announcement he may add candidates to his selection, but he may not delete any candidate whose name appears on the announced list, unless the candidate dies or has withdrawn as a candidate as provided in this chapter.
SECTION 260. Section 23-15-1091, Mississippi Code of 1972, is brought forward as follows:
23-15-1091. When the Secretary of State decides to place the name of a candidate on the ballot pursuant to Section 23-15-1089, he shall notify the candidate that his name will appear on the ballot of this state in the presidential preference primary election.
The secretary shall also notify the candidate that he may withdraw his name from the ballot by filing with the Secretary of State an affidavit pursuant to Section 23-15-1095 no later than the sixtieth day before that election.
SECTION 261. Section 23-15-1093, Mississippi Code of 1972, is amended as follows:
23-15-1093. Any person
desiring to have his name placed on the presidential preference primary ballot
shall file a petition or petitions in support of his candidacy with the state
executive committee of the appropriate political party after January 1 of the
year in which the presidential preference primary is to be held and before
January * * * 10
of that same year. To comply with this section, a candidate may file a
petition or petitions signed by a total of not less than five hundred (500)
qualified electors of the state, or petitions signed by not less than one
hundred (100) qualified electors of each congressional district of the state,
in which case there shall be a separate petition for each congressional
district. The petitions shall be in such form as the State Executive Committee
may prescribe; provided, that there shall be a space for the county of
residence of each signer next to the space provided for his signature. No
signature may be counted as valid unless the county of residence of the signer
is provided. Each petition shall contain an affirmation under the penalties of
perjury that each signer is a qualified elector in his congressional district
or in the state, as appropriate.
SECTION 262. Section 23-15-1095, Mississippi Code of 1972, is brought forward as follows:
23-15-1095. A candidate's name shall be printed on the appropriate primary ballot unless he or she submits to the Secretary of State before the printing of the official sample ballot, an affidavit stating without qualification that he or she is not now and does not presently intend to become a candidate for the Office of President of the United States at the upcoming nominating convention of his or her political party. If a candidate withdraws pursuant to this section, the Secretary of State shall notify the State Executive Committee of the political party of such candidate that the candidate's name will not be placed on the ballot.
SECTION 263. Section 23-15-1097, Mississippi Code of 1972, is brought forward as follows:
23-15-1097. All expenses of the presidential preference primary election, which are authorized expenses, as provided by statute relating to primary or general elections, shall be paid in the same manner as provided by law. Compensation of election officials shall be limited to that which is authorized by statute.
SECTION 264. Section 23-15-11, Mississippi Code of 1972, is brought forward as follows:
23-15-11. Every inhabitant of this state, except persons adjudicated to be non compos mentis, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he seeks to vote, and for thirty (30) days in the incorporated municipality in which he seeks to vote, and who has been duly registered as an elector under Section 23-15-33, and who has never been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his residence, and shall be entitled to vote at any election upon compliance with Section 23-15-563. 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. No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.
SECTION 265. Section 23-15-17, Mississippi Code of 1972, is brought forward as follows:
23-15-17. (1) Any person who shall knowingly procure his or any other person's registration as a qualified elector when the person whose registration is being procured is not entitled to be registered, or when the person whose registration is being procured is being registered under a false name, or when the person whose registration is being procured is being registered as a qualified elector in any other voting precinct than that in which he resides, shall be guilty of a felony and, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both. The same penalty shall apply to anyone who is disqualified for any cause and shall reregister before removal of such disqualification to avoid the same, and to all who shall in any way aid in such false registration.
(2) Any person who has reasonable cause to suspect that such a false registration has occurred may notify any authorized law enforcement officer with proper jurisdiction. Upon such notification, said law enforcement officer shall be required to conduct an investigation into the matter and file a report with the registrar and the appropriate district attorney. The registrar shall, within twenty-four (24) hours of receipt of the investigating officer's report, accept or reject the registration. Any person who so notifies an authorized law enforcement officer shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
SECTION 266. Section 23-15-21, Mississippi Code of 1972, is brought forward as follows:
23-15-21. It shall be unlawful for any person who is not a citizen of the United States or the State of Mississippi to register or to vote in any primary, special or general election in the state.
SECTION 267. Section 23-15-43, Mississippi Code of 1972, is brought forward as follows:
23-15-43. In the event applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in Sections 23-15-61 through 23-15-79. In addition to the meetings of the election commissioners provided under said sections, the commissioners are required to hold such additional meetings to determine all pending cases of registration on review prior to the election at which the applicant desires to vote.
It is not the purpose of this section to indicate the decision which should be reached by the election commissioners in certain cases but to define which applicants should receive further examination by providing for an automatic review.
SECTION 268. 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 269. Section 23-15-69, Mississippi Code of 1972, is brought forward as follows:
23-15-69. All cases on appeal shall be heard by the boards of election commissioners de novo, and oral and documentary evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have power to subpoena witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commissioners in all cases shall be final as to questions of fact, but as to matters of law they may be revised by circuit courts and the Supreme Court. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the registration books.
SECTION 270. Section 23-15-71, Mississippi Code of 1972, is brought forward as follows:
23-15-71. Any elector aggrieved by the decision of the commissioners shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two (2) days after the rendition of the decision, and may thereupon appeal to the circuit court upon the execution of a bond, with two (2) or more sufficient sureties to be approved by the commissioners, in the sum of One Hundred Dollars ($100.00), payable to the state, and conditioned to pay all costs in case the appeal shall not be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs.
SECTION 271. Section 23-15-73, Mississippi Code of 1972, is brought forward as follows:
23-15-73. It shall be the duty of the commissioners, in case of appeal from their decision, to return the bill of exceptions and the appeal bond into the circuit court of the county within five (5) days after the filing of the same with them; and the circuit courts shall have jurisdiction to hear and determine such appeals.
SECTION 272. Section 23-15-75, Mississippi Code of 1972, is brought forward as follows:
23-15-75. Should the judgment of the circuit court be in favor of the right of an elector to be registered, the court shall so order, and shall, by its judgment, direct the registrar of the county forthwith to register him. Costs shall not, in any case, be adjudged against the county.
SECTION 273. Section 23-15-77, Mississippi Code of 1972, is brought forward as follows:
23-15-77. The election commissioners shall not award costs in proceedings before them; but circuit courts and the Supreme Court shall allow costs as in other cases.
SECTION 274. Section 23-15-91, Mississippi Code of 1972, is brought forward as follows:
23-15-91. The county registrar, while acting within his jurisdiction and under the authority of this chapter, shall not be liable personally for any error of judgment regarding the registration of electors.
SECTION 275. Section 23-15-93, Mississippi Code of 1972, is brought forward as follows:
23-15-93. If any registrar or commissioner of elections shall refuse or neglect to perform any of the duties imposed upon him by this chapter regarding the registration of electors, or shall knowingly permit any person to sign a false affidavit or otherwise knowingly permit any person to violate any provision of this chapter regarding the registration of electors, or shall violate any of the provisions of this chapter regarding the registration of electors, or if any officer taking the affidavits as provided in this chapter regarding registration of electors shall make any false statement in his certificate thereto attached, he shall be deemed guilty of a crime and shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the penitentiary not exceeding one (1) year, and shall be removed from office.
SECTION 276. Section 23-15-115, Mississippi Code of 1972, is brought forward as follows:
23-15-115. When a transfer of a voter registration is necessitated by any change in the boundaries of legislative districts, supervisors districts, voting precincts, or other similar boundaries, such information necessary to bring about such transfer may be secured by mail or otherwise. Necessary forms for the purposes of securing necessary information shall be prepared by the registrar.
SECTION 277. Section 23-15-117, Mississippi Code of 1972, is brought forward as follows:
23-15-117. Any false entry on any registration book, or pollbook, made knowingly, and any unauthorized erasure or alteration therein, shall be punished as provided for the alteration of any other public record.
SECTION 278. Section 23-15-135, Mississippi Code of 1972, is brought forward as follows:
[Until the date Chapter 526, Laws of 2012, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
23-15-135. The registration books of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and pollbooks hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.
[From and after the date Chapter 526, Laws of 2012, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:]
23-15-135. (1) The registration books of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and pollbooks hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.
(2) The registrar of each county shall provide a location in the registrar's office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
(3) The registrar of each county shall enter into a Memorandum of Understanding, which is negotiated by the Secretary of State, with the Mississippi Department of Public Safety for the purpose of providing a Mississippi Voter Identification Card.
SECTION 279. Section 23-15-169, Mississippi Code of 1972, is brought forward as follows:
23-15-169. The Secretary of State shall, by rule and regulation, establish an administrative complaint procedure for handling grievances in accordance with the Help America Vote Act of 2002.
SECTION 280. Section 23-15-169.2, Mississippi Code of 1972, is brought forward as follows:
23-15-169.2. The Commissioner of Public Safety shall enter into an agreement with the Commissioner of Social Security under Section 205(r)(8) of the Social Security Act in accordance with the Help America Vote Act of 2002 to verify the accuracy of applicable information provided by the Commissioner of Public Safety with respect to applications for voter registration.
SECTION 281. Section 23-15-169.3, Mississippi Code of 1972, is brought forward as follows:
23-15-169.3. (1) The Secretary of State shall have the authority to accept federal funds authorized under the Help America Vote Act of 2002 and to meet all the requirements of the Help America Vote Act of 2002 in order to expend the funds.
(2) Counties that purchase or have purchased since January 1, 2001, voting systems that comply with the requirements of the Help America Vote Act of 2002 shall be eligible for federal funds accepted by the Secretary of State for Help America Vote Act of 2002 compliance efforts. The only restriction that the Secretary of State may place on the expenditure of federal funds for the purchase of voting systems is that the systems comply with the criteria and rules established in the Help America Vote Act of 2002 for voting systems.
(3) Counties may purchase voting systems under the Help America Vote Act of 2002 (HAVA) if:
(a) The system selected is HAVA compliant as determined by the rules promulgated to effectuate the Help America Vote Act of 2002 in this state; and
(b) The County Board of Supervisors spreads upon its minutes a certification of the following:
(i) The county determined it is in its best interest to opt out of any statewide bulk purchase to be effectuated by the Secretary of State pursuant to his duties under HAVA;
(ii) The voting system selected by the county meets all of the foregoing requirements under HAVA ;
(iii) The county understands and accepts any and all liability for said system; and
(iv) The county is solely responsible for the purchase of said system.
Upon meeting the foregoing requirements, a county shall be reimbursed for its costs for said system from the HAVA funds for this purpose; however, the county shall be limited in its reimbursement to an amount to be determined by the Secretary of State based upon an objective formula implemented for the statewide, bulk purchase of said voting systems. Any costs over and above the set formula described herein shall be the sole responsibility of the county.
(c) In addition to other information required by paragraph (b) of this subsection, any county that purchases voting systems after June 6, 2005, shall spread upon its minutes certification of the following:
(i) All voting systems within the county are the same, except those machines that are handicap accessible as required by HAVA; and
(ii) The voting systems have a device or mechanism that allows any votes cast to be verified by paper audit trail.
SECTION 282. Section 23-15-169.4, Mississippi Code of 1972, is brought forward as follows:
23-15-169.4. The Secretary of State shall be responsible for providing to all absent uniformed services voters and overseas voters who wish to vote or register to vote in this state information required by the Help America Vote Act of 2002 regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections, including procedures relating to the use of the federal write-in absentee ballot.
SECTION 283. Section 23-15-169.5, Mississippi Code of 1972, is brought forward as follows:
23-15-169.5. The Secretary of State shall promulgate rules and regulations necessary to effectuate the provisions of the Help America Vote Act of 2002 in this state.
SECTION 284. Section 23-15-173, Mississippi Code of 1972, is brought forward as follows:
23-15-173. (1) A general municipal election shall be held in each city, town or village on the first Tuesday after the first Monday of June 1985, and every four (4) years thereafter, for the election of all municipal officers elected by the people.
(2) All municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections.
SECTION 285. Section 23-15-193, Mississippi Code of 1972, is brought forward as follows:
23-15-193. At the election in 1995, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.
SECTION 286. Section 23-15-195, Mississippi Code of 1972, is brought forward as follows:
23-15-195. All elections by the people shall be by ballot, and shall be concluded in one (1) day.
SECTION 287. Section 23-15-211.1, Mississippi Code of 1972, is brought forward as follows:
23-15-211.1. (1) For purposes of the National Voter Registration Act of 1993, the Secretary of State is designated as Mississippi's chief election officer.
(2) As the chief election officer of the State of Mississippi, the Secretary of State shall have the power and duty to gather sufficient information concerning voting in elections in this state. The Secretary of State shall gather information on voter participation and submit an annual report to the Legislature, the Governor, the Attorney General and the public.
SECTION 288. Section 23-15-212, Mississippi Code of 1972, is brought forward as follows:
23-15-212. The Secretary of State, the Attorney General, two (2) circuit clerks appointed by the Mississippi Circuit Clerks' Association, two (2) election commissioners appointed by the Election Commissioners' Association of Mississippi, one (1) representative appointed by the State Democratic Executive Committee, one (1) representative appointed by the State Republican Executive Committee and the Mississippi Judicial College shall conduct a study to determine how registrars, commissioners of election, executive committee members and poll workers can be better trained in the conduct of elections. A report of the findings of the Attorney General, the Secretary of State and the Mississippi Judicial College, along with any recommendations for legislation, shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives no later than December 15, 1993.
SECTION 289. Section 23-15-257, Mississippi Code of 1972, is brought forward as follows:
23-15-257. The marshal or chief of police shall perform, in respect to the municipal elections, all the duties prescribed by law to be performed by the board of supervisors in reference to furnishing voting compartments for state and county elections.
SECTION 290. Section 23-15-263, Mississippi Code of 1972, is brought forward as follows:
23-15-263. (1) Unless otherwise provided in this chapter, the county executive committee at primary elections shall perform all duties that relate to the qualification of candidates for primary elections, print ballots for primary elections, appoint the primary election officers, resolve contests in regard to primary elections, and perform all other duties required by law to be performed by the county executive committee; however, each house of the Legislature shall rule on the qualifications of the membership of its respective body in contests involving the qualifications of such members. The executive committee shall be subject to all the penalties to which county election commissioners are subject, except that Section 23-15-217 shall not apply to members of the county executive committee who seek elective office.
(2) A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office. The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office.
(3) The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense when committed in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter.
SECTION 291. Section 23-15-266, Mississippi Code of 1972, is brought forward as follows:
23-15-266. A county or municipal executive committee shall be eligible to enter into written agreements with a circuit or municipal clerk or a county or municipal election commission as provided for in Section 23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2), only if the political party with which such county or municipal executive committee is affiliated:
(a) Has cast for its candidate for Governor in the last two (2) gubernatorial elections ten percent (10%) of the total vote cast for governor; or
(b) Has cast for its candidate for Governor in three (3) of the last five (5) gubernatorial elections twenty-five percent (25%) of the total vote cast for Governor.
SECTION 292. Section 23-15-269, Mississippi Code of 1972, is brought forward as follows:
23-15-269. Any election commissioner, or any other officer or person acting as such, or performing election duty, who shall willfully refuse or knowingly fail to perform any duty required of him by the election laws, or who shall violate any of the provisions thereof, shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or be imprisoned in the county jail not less than ten (10) days nor more than ninety (90) days, or both.
SECTION 293. Section 23-15-285, Mississippi Code of 1972, is brought forward as follows:
23-15-285. The board of supervisors shall cause an entry to be made on the minutes of the board at some meeting, as early as convenient, defining the boundaries of the several supervisors districts and voting precincts in the county, and designating the voting place in each voting precinct; and as soon as practicable after any change is made in any supervisors district, voting precinct or any voting place, the board of supervisors shall cause such change to be entered on the minutes of the board in such manner as to be easily understood. The changed boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, with the exception of county lines and municipal corporate limits.
No voting precinct shall have more than five hundred (500) qualified electors residing in its boundaries. Subject to the provisions of this section, each board of supervisors of the various counties of this state shall as soon as practical after January 1, 1987, alter or change the boundaries of the various voting precincts to comply herewith and shall from time to time make such changes in the boundaries of voting precincts so that there shall never be more than five hundred (500) qualified electors within the boundaries of the various voting precincts of this state; provided further, this limitation shall not apply to voting precincts that are so divided, alphabetically or otherwise, so as to have less than five hundred (500) qualified electors in any one (1) box within a voting precinct. However, the limitation of five hundred (500) qualified electors to the voting precinct shall not apply to voting precincts in which voting machines are used at all elections held in that voting precinct. No change in any supervisors district or voting precinct shall take effect less than thirty (30) days before the qualifying deadline for the office of county supervisor. Any change in any boundary of a supervisors district or voting precinct that is approved under the Voting Rights Act of 1965 less than thirty (30) days before such qualifying deadline shall be effective only for an election for county supervisor held in a year following the year in which such change is approved under the Voting Rights Act of 1965. Provided, however, that, with the exception of county lines and municipal corporate limits, such altered boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation.
SECTION 294. Section 23-15-291, Mississippi Code of 1972, is brought forward as follows:
23-15-291. All nominations for state, district, county and county district officers made by the different parties of this state shall be made by primary elections. All primary elections shall be governed and regulated by the election laws of the state in force at the time the primary election is held.
SECTION 295. Section 23-15-295, Mississippi Code of 1972, is brought forward as follows:
23-15-295. When any person has qualified in the manner provided by law as a candidate for party nomination in any primary election, such person shall have the right to withdraw his name as a candidate by giving notice of his withdrawal in writing to the secretary of the proper executive committee at any time prior to the printing of the official ballots, and in the event of such withdrawal the name of such candidate shall not be printed on the ballot. When a candidate for party nomination for a state or district office who has qualified with the state executive committee withdraws as a candidate as is herein set forth after the sample of the official ballot has been approved and certified by the state executive committee the secretary or chairman of the state executive committee shall forthwith notify the county executive committee of each county affected or involved of the fact of such withdrawal and such notification shall authorize said county executive committees to omit the name of the withdrawn candidate from the ballot if such notification is received prior to the printing of the ballot. In the case of the withdrawal of any candidate, the fee paid by such candidate shall be retained by the state or county executive committee, as the case may be.
SECTION 296. Section 23-15-297, Mississippi Code of 1972, is brought forward as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:
(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).
(b) Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, not to exceed Two Hundred Dollars ($200.00).
(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).
(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).
(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).
(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).
SECTION 297. Section 23-15-301, Mississippi Code of 1972, is brought forward as follows:
23-15-301. All the expenses of printing the tickets or primary election ballots, for necessary stationery, and for paying the managers, clerks and returning officer of every primary election authorized by this chapter held in any county shall be paid by the board of supervisors of such county out of the general funds of the county, but such officers of primary elections shall receive only such compensation as is authorized by Section 23-15-227 to be paid managers, clerks and returning officer for like services in holding elections thereunder. However, this section shall not apply to the expenses of a primary election held by any political party which at either of the last two (2) preceding general elections for the office of Governor or either of the last two (2) preceding national elections for President of the United States did not vote as many as twenty percent (20%) of the total vote cast in the entire state.
SECTION 298. Section 23-15-305, Mississippi Code of 1972, is brought forward as follows:
23-15-305. The candidate who received the majority number of votes cast for the office which he seeks shall thereby become the nominee of his party for such office and no person shall be declared to be the nominee of his party unless and until he has received a majority of the votes cast for such office, except as hereinafter provided. If no candidate received such majority of the votes cast in the first primary, then the two (2) candidates who receive the highest number of votes cast for such office shall have their names submitted as such candidates to the second primary and the candidate who leads in such second primary shall be nominated for the office.
If the candidate who received the second highest number of votes cast for such office for any reason declines to enter the second primary, then in that event the candidate who received the third highest shall have his name submitted to the second primary, together with the candidate who received the highest number of votes cast for such office.
If the candidate who received the third highest number of votes cast for such office for any reason declines to enter the second primary, then in that event the candidate who received the fourth highest shall have his name submitted to the second primary, together with the candidate who received the highest number of votes cast for such office.
If no candidate will enter the second primary with the candidate who received the highest number of votes cast, then the candidate who received the highest number of votes cast in the first primary shall be declared the nominee of his party for such office.
SECTION 299. Section 23-15-313, Mississippi Code of 1972, is brought forward as follows:
23-15-313. (1) If there be any political party, or parties, in any municipality which shall not have a party executive committee for such municipality, such political party, or parties, shall within thirty (30) days of the date for which a candidate for a municipal office is required to qualify in that municipality select qualified electors of that municipality and of that party's political faith to serve on a temporary municipal executive committee until members of a municipal executive committee are elected at the next regular election for executive committees. The temporary municipal executive committee shall be selected in the following manner: The chairman of the county executive committee of the party desiring to select a temporary municipal executive committee shall call, upon petition of five (5) or more members of that political faith, a mass meeting of the qualified electors of their political faith who reside in such municipality to meet at some convenient place within such municipality, at a time to be designated in the call, and at such mass convention the members of that political faith shall select a temporary municipal executive committee which shall serve until members of a municipal executive committee are elected at the next regular election for executive committees. The public shall be given notice of such mass meeting as provided in Section 23-15-315. The chairman of the county executive committee shall authorize the call within five (5) calendar days of receipt of the petition. If the chairman of the county executive committee is either incapacitated, unavailable or nonresponsive and does not authorize the mass call within five (5) calendar days of receipt of the petition, any elected officer of the county executive committee may authorize the call within five (5) calendar days. If no elected officer of the county executive committee acts to approve such petition after an additional five (5) calendar days from the date, the chair of the county executive committee not taking action as provided by this section, the petitioners shall be authorized to produce the call themselves.
(2) If no municipal executive committee is selected or otherwise formed before an election, the county executive committee may serve as the temporary municipal executive committee and exercise all of the duties of the municipal executive committee for the municipal election. After a county executive committee has fulfilled its duties as the temporary municipal executive committee, as soon as practicable thereafter, the county executive committee shall select a municipal executive committee no later than before the next municipal election.
(3) A person who has been convicted of a felony in a court of this state or any other state or a court of the United States, shall be barred from serving as a member of a municipal executive committee.
SECTION 300. Section 23-15-315, Mississippi Code of 1972, is brought forward as follows:
23-15-315. The county executive committee chairman shall publish a copy of his call for a meeting in some newspaper published at least once per week in the municipality affected for three (3) weeks preceding the date set for the mass convention, or if there be no newspaper published in the municipality, then in some newspaper having general circulation in the municipality and by posting notices continuously in three (3) public places in the municipality, one (1) of which shall be city hall or be the regular location where the municipal governing authority meets to conduct business not less than three (3) weeks before the date for the mass convention.
SECTION 301. Section 23-15-317, Mississippi Code of 1972, is brought forward as follows:
23-15-317. If any person nominated for office in a primary election shall die, be removed after his nomination or withdraw or resign from his candidacy for a legitimate nonpolitical reason as defined in this section, and such vacancy in nomination shall occur between the primary election and the ensuing general election, then the municipal, county or state executive committee with which the original nominee qualified as a candidate in the primary election shall nominate a nominee for such office. Where such a party nominee is unopposed each political party registered with the State Board of Election Commissioners shall have the privilege of nominating a candidate for the office involved. Such nominee shall be duly certified by the respective executive committee chairman. Within two (2) days after such nomination is made by the appropriate executive committee, such committee shall formally notify the Secretary of State of the name of the nominee. The Secretary of State shall thereupon officially notify the appropriate officials charged with conducting the election for the office wherein the vacancy occurred of the name of the nominee. All nominations made pursuant to the provisions of this section shall have the same force and effect and shall entitle the nominees to all rights and privileges that would accrue to them as if they had been nominated in the regular primary election.
"Legitimate nonpolitical reason" as used in this section shall be limited to the following:
(a) Reasons of health, which shall include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he continued.
(b) Family crises, which shall include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business.
(c) Substantial business conflict, which shall include the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his capability to properly carry out the functions of the office being sought.
Any candidate who withdraws based upon a "legitimate nonpolitical reason" which is not covered by the above definition shall have the strict burden of proof for his reason.
A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his reason by sworn affidavit. Such affidavit shall be filed with the state party chairman of the nominee's party and the State Board of Election Commissioners. No substitution of candidates shall be authorized, except for death or disqualification, unless the State Board of Election Commissioners approves the affidavit as constituting a "legitimate nonpolitical reason" for the candidate's resignation within five (5) days of the date the affidavit is submitted to the board.
Immediately upon approval or disapproval of such affidavit, the State Board of Election Commissioners shall notify the respective executive committee of same.
SECTION 302. Section 23-15-319, Mississippi Code of 1972, is brought forward as follows:
23-15-319. All the provisions of this subarticle as far as practicable shall apply to and regulate primary elections for the nomination of elective municipal offices. Candidates for the nomination of such municipal offices shall file with the clerk of the city, village or town, the affidavits and reports required of candidates for party nominations to any county or county district office to be filed pursuant to this chapter.
SECTION 303. Section 23-15-331, Mississippi Code of 1972, is brought forward as follows:
23-15-331. It shall be the duty of the state executive committee of each political party to furnish to each county executive committee, not less than fifty (50) days prior to the election, the names of all state and state district candidates and all candidates for legislative districts composed of more than one county or parts of more than one county who have qualified as provided by law, and in accordance with the requirements of Section 23-15-333 a sample of the official ballot to be used in the primary, the general form of which shall be followed as nearly as practicable.
SECTION 304. Section 23-15-335, Mississippi Code of 1972, is brought forward as follows:
23-15-335. (1) The county executive committee shall designate a person whose duty it shall be to distribute all necessary ballots for use in a primary election, and shall designate one (1) among the managers at each polling place to receive and receipt for the blank ballots to be used at that place. When the blank ballots are delivered to a local manager, the distributor shall take from the local manager a receipt therefor signed in duplicate by both the distributor and the manager, one of which receipts the distributor shall deliver to the circuit clerk and the other shall be retained by the local manager and said last mentioned duplicate receipt shall be enclosed in the ballot box with the voted ballots when the polls have been closed and the votes have been counted. The printer of the ballots shall take a receipt from the distributor of the ballots for the total number of the blank ballots delivered to the distributor. The printer shall secure all ballots printed by him in such a safe manner that no person can procure them or any of them, and he shall deliver no blank ballot or ballots to any person except the distributor above mentioned, and then only upon his receipt therefor as above specified. The distributor of the blank ballots shall so securely hold the same that no person can obtain any of them, and he shall not deliver any of them to any person other than to the authorized local managers and upon their respective receipts therefor. The executive committee shall see to it that the total blank ballots delivered to the distributor, shall correspond with the total of the receipts executed by the local managers.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(3) Any person charged with any of the duties prescribed in this section who shall willfully or with culpable carelessness violate the same shall be guilty of a misdemeanor.
SECTION 305. Section 23-15-357, Mississippi Code of 1972, is brought forward as follows:
23-15-357. On the back and outside of the ballot shall be printed the words "OFFICIAL BALLOT," the name of the voting precinct or place for which the ballot is prepared, and the date of the election.
SECTION 306. Section 23-15-363, Mississippi Code of 1972, is brought forward as follows:
23-15-363. After the proper officer has knowledge of or has been notified of the nomination, as provided, of any candidate for office, the officer shall not omit his name from the ballot, unless upon the written request of the candidate nominated, made at least ten (10) days before the election, and in no case after such ballot has been printed; and every ballot shall contain the names of all candidates nominated as specified, and not duly withdrawn.
SECTION 307. Section 7-3-39, Mississippi Code of 1972, is brought forward as follows:
7-3-39. The Secretary of State shall have published in full each constitutional amendment two (2) weeks previous to an election at which the qualified electors shall vote on said amendments, in each county in each newspaper having a general circulation in the county, as defined in Section 13-3-31; or he shall have each amendment posted in three (3) public places in the county if all such newspapers in the county refuse to publish same at the price provided in Section 7-3-41.
SECTION 308. Section 23-15-771, Mississippi Code of 1972, is brought forward as follows:
23-15-771. At the state convention, a slate of electors composed of the number of electors allotted to this state, which said electors announce a clearly expressed design and purpose to support the candidates for President and Vice President of the national political party with which the said party of this state has had an affiliation and identity of purpose heretofore, shall be designated and selected for a place upon the primary election ballot to be held as herein provided.
SECTION 309. Section 23-15-781, Mississippi Code of 1972, is brought forward as follows:
23-15-781. The number of electors of President and Vice President of the United States to which this state may be entitled, shall be chosen by the qualified electors of the state at large, on the first Tuesday after the first Monday of November in the year in which an election of President and Vice President shall occur.
SECTION 310. Section 23-15-783, Mississippi Code of 1972, is brought forward as follows:
23-15-783. The laws regulating the general elections shall in all respects apply to and govern elections of electors of President and Vice President.
SECTION 311. Section 23-15-785, Mississippi Code of 1972, is brought forward as follows:
23-15-785. (1) When presidential electors are to be chosen, the Secretary of State of Mississippi shall certify to the circuit clerks of the several counties the names of all candidates for President and Vice President who are nominated by any national convention or other like assembly of any political party or by written petition signed by at least one thousand (1,000) qualified voters of this state.
(2) The certificate of nomination by a political party convention must be signed by the presiding officer and secretary of the convention and by the chairman of the state executive committee of the political party making the nomination. Any nominating petition, to be valid, must contain the signatures as well as the addresses of the petitioners. The certificates and petitions must be filed with the State Board of Election Commissioners by filing them in the Office of the Secretary of State by 5:00 p.m. not less than sixty (60) days previous to the day of the election.
(3) Each certificate of nomination and nominating petition must be accompanied by a list of the names and addresses of persons, who shall be qualified voters of this state, equal in number to the number of presidential electors to be chosen. Each person so listed shall execute the following statement which shall be attached to the certificate or petition when it is filed with the State Board of Election Commissioners: "I do hereby consent and do hereby agree to serve as elector for President and Vice President of the United States, if elected to that position, and do hereby agree that, if so elected, I shall cast my ballot as such for ______ for President and _______ for Vice President of the United States" (inserting in said blank spaces the respective names of the persons named as nominees for said respective offices in the certificate to which this statement is attached).
(4) The State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "PRESIDENTIAL ELECTORS FOR (here insert the name of the candidate for President, the word 'AND' and the name of the candidate for Vice President)" in lieu of placing the names of such presidential electors on the official ballots, and a vote cast therefor shall be counted and shall be in all respects effective as a vote for each of the presidential electors representing those candidates for President and Vice President of the United States. In the case of unpledged electors, the State Board of Election Commissioners and any other official charged with the preparation of official ballots shall place on such official ballots the words "UNPLEDGED ELECTOR(S) (here insert the name(s) of individual unpledged elector(s) if placed upon the ballot based upon a petition granted in the manner provided by law stating the individual name(s) of the elector(s) rather than a slate of electors)."
SECTION 312. Section 23-15-787, Mississippi Code of 1972, is brought forward as follows:
23-15-787. The Secretary of State shall, immediately after ascertaining the result, transmit by mail a notice, in writing, to the persons elected.
SECTION 313. Section 23-15-789, Mississippi Code of 1972, is brought forward as follows:
23-15-789. The electors chosen shall meet at the seat of government of the state on the first Monday after the second Wednesday in December next following their election, and shall there give their votes for President and Vice President of the United States, and shall make return thereof agreeably to the laws of the United States; and should any elector so chosen fail to attend and give his vote, the other electors attending shall appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be forthwith reported to the Secretary of State.
SECTION 314. Section 23-15-791, Mississippi Code of 1972, is brought forward as follows:
23-15-791. Each elector shall be allowed the sum of Four Dollars ($4.00) for every twenty (20) miles of travel, to be estimated by the usual land route, in going from his home to and returning from the seat of government to give his vote, and Four Dollars ($4.00) for every day he shall attend there as an elector, to be paid by the State Treasurer, on the warrant of the auditor.
SECTION 315. Section 23-15-393, Mississippi Code of 1972, is brought forward as follows:
23-15-393. (1) In any county having a population greater than two hundred fifty thousand (250,000) according to the 2000 federal decennial census, the number of voting machines to be used in each voting precinct must be distributed in direct proportion to voter turnout in all elections held within such county for the preceding two (2) years, with a greater number of voting machines to be used in voting precincts where voter turnout has been the highest.
(2) [Repealed]
SECTION 316. Section 23-15-401, Mississippi Code of 1972, is brought forward as follows:
23-15-401. The list of candidates used or to be used on the front of the voting machines for a voting precinct in which a voting machine is used pursuant to law shall be deemed official ballots under this chapter. The word "ballot" as used in this chapter (except when reference is made to irregular ballots) means that portion of the cardboard or paper or other material within the ballot frames containing the name of the candidate and the designation of the party by which he was nominated, or a statement of a proposed constitutional amendment, or other question or proposition, with the word "YES" for voting for any question or proposition, and the word "NO" for voting against any question. The term "question" shall mean any constitutional amendment, proposition, or other question submitted to the voters at any election. The term "official ballot" shall mean the printed strips of cardboard containing the names of the candidates nominated and a statement of the questions submitted. The term "irregular ballot" shall mean a vote cast, by or on a special device, for a person whose name does not appear on the ballots. The term "voting machine custodian" shall mean the person who shall have charge of preparing and arranging the voting machine for elections. The term "protective counter" shall mean a separate counter built into the voting machine which cannot be reset, which records the total number of movements of the operating lever. The term "officials in charge of the election" shall mean the state election commissioners, the county election commissioners, the county executive committee, the municipal election commissioners, the municipal executive committee, or any other official or officials empowered by law or who may in the future be empowered by law to hold an election.
SECTION 317. Section 23-15-403, Mississippi Code of 1972, is brought forward as follows:
23-15-403. The board of supervisors of any county in the State of Mississippi and the governing authorities of any municipality in the State of Mississippi are hereby authorized and empowered, in their discretion, to purchase or rent any voting machine or machines which shall be so constructed as to fulfill the following requirements: It shall secure to the voter secrecy in the act of voting; it shall provide facilities for voting for all candidates of as many political parties or organizations as may make nominations, and for or against as many questions as submitted; it shall, except at primary elections, permit the voter to vote for all the candidates of one party or in the part for the candidates of one or more other parties; it shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but not more; it shall prevent the voter from voting for the same person more than once for the same office; it shall permit the voter to vote for or against any question he may have the right to vote on, but no other; if used in primary elections, it shall be so equipped that the election officials can lock out all rows except those of the voter's party by a single adjustment on the outside of the machine; it shall correctly register or record and accurately count all votes cast for any and all persons and for or against any and all questions; it shall be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected; it shall be provided with a counter which shall show at all times during an election how many persons have voted; it shall be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; it may also be provided with one (1) device for each party, for voting for all the presidential electors of that party by one (1) operation, and a ballot therefor containing only the words "Presidential Electors For" preceded by the name of that party and followed by the names of the candidates thereof for the offices of President and Vice President, and a registering device therefor which shall register the vote cast for said electors when thus voted collectively; provided, however, that means shall be furnished whereby the voter can cast a vote for individual electors when permitted to do so by law.
SECTION 318. Section 23-15-405, Mississippi Code of 1972, is brought forward as follows:
23-15-405. Whenever the board of supervisors of any county or the governing authorities of any municipality shall purchase or rent voting machines that meet the requirements of this article, such voting machines may be used at all elections held in such county or municipality, or in any part thereof, for voting, registering and counting votes cast at such elections. In providing voting machines, the board of supervisors is hereby empowered to purchase or rent voting machines for each voting precinct in the entire county, including those located within the municipality, or, in the discretion of the board, voting machines may be purchased or rented only for those voting precincts located outside the limits of the municipalities located in said county. The board of supervisors of any county and the governing authorities of any municipality may jointly purchase or rent voting machines for all of the voting precincts in the entire county. Whenever voting machines have been purchased or rented by either the board of supervisors or the governing authorities of a municipality, for use at voting precincts within the county or within the municipality, said voting machines may be used at said voting precincts in all elections, and the officials in charge of the election to be held shall cause the voting machines to be prepared and used at such election as provided for herein. Voting machines of different kinds may be adopted for different counties within the state.
Voting machines may be used in combination with paper ballots in any election at the discretion of and under rules and regulations set up by the officials in charge of the election.
SECTION 319. Section 23-15-407, Mississippi Code of 1972, is brought forward as follows:
23-15-407. The board of supervisors of any county or the governing authorities of any municipality may provide for each voting precinct one or more voting machines in complete working order, and thereafter the circuit clerk where machines are purchased or rented by the board of supervisors, and clerk of the municipalities where purchased by the governing authorities of a municipality, shall preserve and keep them in repair, and shall have custody thereof when not in use at an election.
SECTION 320. Section 23-15-409, Mississippi Code of 1972, is brought forward as follows:
23-15-409. All ballots for use in voting machines shall be furnished by the same officer whose duty it is to furnish regular ballots and shall be printed on paper or clear white material, of such form and size as will fill the ballot frames of the machines, in plain color type as large as the space will reasonably permit. The names of the candidates for each office shall be arranged on each voting machine, either in columns or horizontal rows; the caption of the various ballots on said machines shall be so placed on said machines as to indicate to the voter what key lever or other device is to be used or operated in order to vote for the candidate or candidates of his choice. The order of the arrangement of parties and of candidates shall be as now required by law.
SECTION 321. Section 23-15-411, Mississippi Code of 1972, is brought forward as follows:
23-15-411. The officer who furnishes the official ballots for any polling place where a voting machine is to be used, shall also provide two (2) sample ballots or instruction ballots, which sample or instruction ballots shall be arranged in the form of a diagram showing such portion of the front of the voting machine as it will appear after the official ballots are arranged thereon or therein for voting on election day. Such sample ballots shall be open to the inspection of all voters on election day, in all primaries and general elections where voting machines are used.
SECTION 322. Section 23-15-413, Mississippi Code of 1972, is brought forward as follows:
23-15-413. Two (2) sets of official ballots shall be provided for each polling place for each voting precinct for use in and upon the voting machine, one (1) set thereof shall be inserted or placed in or upon the voting machine and the other shall be retained in the custody and possession of the circuit clerk in county and countywide elections and the clerk of the municipality in municipal elections, unless it shall become necessary during the course of the election to make use of the same upon or in the voting machine. At the close of the election, all official ballots (except those actually in or upon the voting machine at the close of the election), whether the same shall have been used in the machine or not, shall be returned to the official providing the same in the manner herein provided.
SECTION 323. Section 23-15-415, Mississippi Code of 1972, is brought forward as follows:
23-15-415. It shall be the duty of the authorities in charge of any election where a voting machine is to be used, to have the machine at the proper polling place or places before the time fixed for opening of the polls, and the counters set at zero, and otherwise in good and proper order for use at such election. For the purpose of placing ballots in the ballot frames of the machine, putting it in order, setting, testing and adjusting and delivering the machine, the authorities in charge of elections may employ one or more competent persons, to be known as custodian or custodians of voting machines, who shall be fully competent, thoroughly instructed, and sworn to perform his duties honestly and faithfully, and for such purpose shall be appointed and instructed at least thirty (30) days before the election. All voting machines to be used in an election shall be properly prepared at least three (3) days prior to the election day. When a voting machine has been properly prepared for election, it shall be locked against voting and sealed; and the keys thereof shall be delivered to the registrar, together with a written report made by the custodian or official preparing the machine, stating that it is in every way properly prepared for the election. After the voting machine has been transferred to the polling place, it shall be the duty of the managers to provide ample protection against molestation or injury to the machine. All voting machines used in any election shall be provided with a screen, hood or curtain which shall be so made and adjusted as to conceal the voter and his action while voting.
SECTION 324. Section 23-15-417, Mississippi Code of 1972, is brought forward as follows:
23-15-417. At least twenty-one (21) days before each election, the officials in charge of the elections shall appoint one or more persons to instruct the managers and clerks that are to serve in a voting precinct in the use of the machine, and in their duties in connection therewith; and he shall give to each manager and clerk, who has received such instruction and is fully qualified to properly conduct the election with the machine, a certificate to that effect. For the purpose of giving such instruction, the person or persons appointed as instructors shall call such meeting or meetings of the managers and clerks as shall be necessary. Such person shall, within five (5) days, file a report with the officials in charge of the elections, stating that he has instructed the managers and clerks, giving the names of such officers, and the time and place where such instruction was given. The managers and clerks of each voting precinct in which a voting machine is to be used shall attend such meeting, or meetings, as shall be called for the purpose of receiving such instruction concerning their duties as shall be necessary for the proper conduct of the election with the machine. No manager or clerk shall serve in any election at which a voting machine is used, unless he shall have received such instruction and is fully qualified to perform the duties in connection with the machine, and has received a certificate to that effect, provided, however, that this shall not prevent the appointment of a person as a manager or clerk to fill a vacancy in an emergency.
SECTION 325. Section 23-15-419, Mississippi Code of 1972, is brought forward as follows:
23-15-419. Where voting machines are to be used, officials in charge of the election shall designate suitable and adequate times and places where voting machines containing sample ballots, showing titles of offices to be filled, and, so far as practicable, the names of candidates to be voted for at the next election, shall be exhibited for the purpose of giving instructions as to the use of voting machines to all voters who apply for the same. No voting machine, which is to be assigned for use in an election, shall be used for instruction after having been prepared and sealed for the election. During public exhibition of any voting machine for the instruction of voters previous to an election, the counting mechanism thereof shall be concealed from view and the doors may be temporarily opened only when authorized by the officials in charge of the election.
SECTION 326. Section 23-15-421, Mississippi Code of 1972, is brought forward as follows:
23-15-421. Official ballots of the form and description set forth in this chapter for use upon voting machines shall be prepared and furnished in the same manner, at the same time, and be delivered to the same officials as now provided by law.
SECTION 327. Section 23-15-423, Mississippi Code of 1972, is brought forward as follows:
23-15-423. (1) Voting precincts in which voting machines are to be used may be altered, divided or combined so as to provide that each voting precinct in which the machine is to be used shall contain, as nearly as may be, five hundred (500) voters, and that each voting precinct in which two (2) machines are to be used shall contain, as nearly as may be, one thousand (1,000) voters, and that each voting precinct in which three (3) machines are to be used shall contain, as nearly as may be, one thousand five hundred (1,500) voters; however, nothing in this subsection shall prevent any voting precinct from containing a greater number than above.
(2) For each primary or general election, the officials in charge of the election shall utilize at least seventy-five percent (75%) of all the voting machines available to the county or municipality, as the case may be.
SECTION 328. Section 23-15-425, Mississippi Code of 1972, is brought forward as follows:
23-15-425. If the official ballots for a voting precinct, at which a voting machine is to be used, shall not be delivered in time for use on election day or after delivery shall be lost, destroyed or stolen, the official or officials, whose duty it now is, in such case, to provide other ballots for use at such elections in lieu of those lost, destroyed or stolen, shall cause other ballots to be prepared, printed or written, as nearly as may be, of the form and description of the official ballots, and officials in charge of the election shall cause the ballots so substituted to be used at the election in the same manner, as nearly as may be, as the official ballots would have been.
SECTION 329. Section 23-15-427, Mississippi Code of 1972, is brought forward as follows:
23-15-427. In case any voting machine used in any voting precinct shall, during the time the polls are open, become injured so as to render it inoperative in whole or in part, it shall be the duty of the manager immediately to give notice thereof to the registrar providing such machine, and it shall be the duty of the registrar, if possible, to substitute a perfect machine for the injured machine, and, at the close of the polls, the records of both machines shall be taken, and the votes shown on their counters shall be added together in ascertaining and determining the results of the election; but if no other machine can be prepared for use at such election, and the one injured cannot be repaired in time for use at such election, unofficial ballots made as nearly as possible in the form of the official ballot may be used, received by the managers and placed by them in a receptacle in such case to be provided by the managers, and counted with the votes registered on the voting machine; and the result shall be declared the same as though there had been no accident to the voting machine; the ballots thus voted shall be preserved and returned as herein directed, with a certificate or statement setting forth how and why the same were voted.
SECTION 330. Section 23-15-429, Mississippi Code of 1972, is brought forward as follows:
23-15-429. Prior to the opening of the polls, the managers and clerks of each voting precinct shall meet at the polling place at the time set for opening of the polls, at each election, and shall proceed to arrange the furniture, stationery and voting machine for the conduct of the election. The keys to the voting machines shall be delivered to the managers before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting machine, and the number of the seal and the number registered on the protective counter or device, as reported by the custodian or official preparing the machine. Before opening the envelope, all managers and clerks present shall examine the number on the seal on the machine, also the number registered on the protective counter, and shall see if they are the same as the number written on the envelope; and if they are not the same, the machine must not be opened until the custodian, or other authorized person, shall have been notified and shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged.
If the numbers on the envelope are the same as those on the machine, the election officers shall proceed to open the doors concealing the counters, and each officer shall carefully examine every counter and see that it registers zero, and the same shall be subject to the inspection of official watchers. The machine shall remain locked against voting until the polls are formally opened, and shall not be operated except by voters in voting. If any counter is found not to register zero, the manager shall immediately notify the officials in charge of the election or the custodian, who shall, if practicable, adjust the counters at zero; but if it shall be impracticable to so adjust such counters before the time set for opening the polls, the managers shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post same upon the wall of the polling room, where it shall remain throughout election day, and, in filling out the statement of canvass, they shall subtract such number from the number then registered thereon.
SECTION 331. Section 23-15-431, Mississippi Code of 1972, is brought forward as follows:
23-15-431. Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office, are herein referred to as irregular ballots. In voting for presidential electors, a voter may vote an irregular ticket made up of the names of persons in nomination by different parties, or partially of names of persons so in nomination and partially of persons not in nomination, or wholly of persons not in nomination by any party. Such irregular ballots shall be deposited, written or affixed in or upon the receptacle or device provided on the machine for that purpose. With that exception, no irregular ballot shall be voted for any person for any office whose name appears on the machine as a nominated candidate for that office; any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate place on the machine, or it shall be void and not counted.
SECTION 332. Section 23-15-433, Mississippi Code of 1972, is brought forward as follows:
23-15-433. At all elections where voting machines are used, the arrangement of the polling room shall be the same as is now provided by law; the exterior of the voting machine and every part of the polling room shall be in plain view of the managers and clerks; the voting machine shall be placed at least three (3) feet from every wall or partition of the polling room and at least four (4) feet from any table where any of the managers and clerks may be engaged or seated. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the managers and clerks and the party watchers when not in use by voters. The managers and clerks shall not themselves be, or permit any other person to be, in any position or near any position that will permit one to see or ascertain how a voter votes, or has voted. The manager attending the machine shall inspect the face of the machine, after each voter has cast his vote, to see that the ballots on the face of the machine are in their proper places and that the machine has not been injured. During elections, the door or other covering of the counter compartment of the machine shall not be unlocked or opened. No person shall be permitted in or about the polling room except as now provided by law in elections where ballots and ballot boxes are used.
SECTION 333. Section 23-15-435, Mississippi Code of 1972, is brought forward as follows:
23-15-435. Where a voter presents himself for the purpose of voting, the clerks shall ascertain whether his name is upon the pollbook, and if his name appears thereon and no challenge be interposed, the voter shall go to the voting machine for the purpose of casting his vote. No voter shall remain in the voting machine booth longer than ten (10) minutes, if no one is waiting to vote, and no longer than five (5) minutes if someone is waiting to vote, and, having cast his vote, the voter shall at once emerge therefrom, and leave the polling room by the exit opening; if he shall refuse to leave after the lapse of time stated above, he shall be removed by the election officers. No voter, after having entered and emerged from the voting machine booth, shall be permitted to re-enter the same on any pretext whatever.
SECTION 334. Section 23-15-437, Mississippi Code of 1972, is brought forward as follows:
23-15-437. For the instruction of voters on any election days, there shall, so far as practicable, be provided for each polling place a mechanically operated model of a portion of the face of the machine. Such model, if furnished, shall, during the election, be located on the clerk's table, or in some other place which the voters must pass to reach the machine, and each voter shall, before entering the machine, be instructed regarding its operation and such instruction illustrated on the model, and the voter given opportunity to personally operate the model. The voter's attention shall also be called to the diagram of the face of the machine so that the voter can become familiar with the location of the questions and the names of the offices and candidates. In case any voter, after entering the voting machine, shall ask for further instructions concerning the manner of voting, two (2) election officers may, if necessary, enter the booth and give him such instructions, but no manager or person assisting a voter shall, in any manner request, suggest or seek to persuade or induce any such voter to vote any particular ticket, or for any particular ticket, or for any particular candidate, or for or against any particular ticket, or for or against any particular candidate, or for or against any particular amendment, question or proposition. After giving such instructions and before such voter shall have registered his vote, the officers or person assisting him shall retire and such voter shall then register his vote in secret as he may desire.
SECTION 335. Section 23-15-439, Mississippi Code of 1972, is brought forward as follows:
23-15-439. The provisions of the election law relating to the assistance to be given to blind or physically disabled voters shall apply also where voting machines are used, and the word "booth," when used in such elections, shall be interpreted to include the voting machine enclosure or curtain.
SECTION 336. Section 23-15-441, Mississippi Code of 1972, is brought forward as follows:
23-15-441. Immediately upon the close of the polls, the managers shall lock and seal the voting machine against further voting and open the counter compartment in the presence of the persons who may be lawfully present at that time, giving full view of the counters. The manager shall then, in the order of the offices as their titles are arranged on the machine, read and announce in distinct tones the result as shown by the counters and shall then read the votes recorded for each office on the irregular ballots; he shall also, in the same manner, read and announce the vote on each constitutional amendment, proposition or other question. As each vote is read and announced, it shall be recorded on two (2) statements of canvass by the two (2) clerks, and, when completed, shall be compared with the numbers on the counters of the machine. If found to be correct, the statements of canvass, after being duly certified and sworn to, shall be filed as now provided by law for filing election returns. After the reading and announcing of the vote, and before the doors of the counter compartment of the voting machine shall be closed, ample opportunity shall be given to any person or persons lawfully present to compare the results so announced with the counters of the machine and any necessary corrections shall then and there be made by the managers or clerks. There shall be furnished two (2) copies of a statement of canvass to conform to the requirements of the voting machine or machines being used.
SECTION 337. Section 23-15-443, Mississippi Code of 1972, is brought forward as follows:
23-15-443. The managers and clerks shall, as soon as the count is completed and fully ascertained, lock the counter compartment, and it shall so remain for a period of thirty (30) days or until it must be prepared for use in another election, except it be ordered opened by a court of competent jurisdiction. Whenever irregular ballots of whatever description have been voted, the managers and clerks shall return all such ballots in a properly secured package endorsed "IRREGULAR BALLOTS" and return and file such package with the original statement of the result of the election made by them. Said package shall be preserved for six (6) months next succeeding such election, and it shall not be opened or its contents examined during that time except by court order. At the end of said six (6) months, said package may be opened and said ballots disposed of at the discretion of the registrar.
SECTION 338. Section 23-15-445, Mississippi Code of 1972, is brought forward as follows:
23-15-445. The keys of the machine shall be enclosed in an envelope to be supplied by the registrar on which shall be written the number of the machine and the voting precinct and ward where it has been used, which envelope shall be securely sealed and endorsed by the manager, and shall be returned to the officer from whom the keys were received. The number on the seal and the number registered on the protective counter shall be written on the envelope containing the keys. All keys for voting machines shall be kept securely locked by the registrar having them in charge. It shall be unlawful for any unauthorized person to have in his possession any key or keys of any voting machine, and all election officers or persons entrusted with such keys for election purposes, or in the preparation therefor, shall not retain them longer than necessary to use them for such legal purposes. All machines shall be stored as soon after the close of the election as possible, and the machines shall at all times be stored in a suitable place.
SECTION 339. Section 23-15-447, Mississippi Code of 1972, is brought forward as follows:
23-15-447. Any unauthorized person found in possession of any such voting machine or keys thereof shall be deemed guilty of a misdemeanor and fined in a sum not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), imprisonment in the county jail, not less than ten (10) nor more than thirty (30) days. Any person willfully tampering or attempting to tamper with, disarrange, deface or impair in any manner whatsoever, or destroy any such voting machine while the same is in use at any election, or who shall, after such machine is locked in order to preserve the registration or record of any election made by the same, tamper or attempt to tamper with any voting machine, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the state prison of this state at hard labor for not less than three (3) nor more than ten (10) years.
SECTION 340. Section 23-15-449, Mississippi Code of 1972, is brought forward as follows:
23-15-449. All laws relating to elections now in force in this state shall apply to all elections under this chapter so far as the same may be applicable thereto, and so far as such provisions are not inconsistent with the provisions of this chapter. Absentee ballots shall be voted as now provided by law.
SECTION 341. Section 23-15-451, Mississippi Code of 1972, is brought forward as follows:
23-15-451. Sections 23-15-401 through 23-15-451 are supplemental and in addition to the election laws of the State of Mississippi as now in effect or as may be amended.
SECTION 342. Section 23-15-461, Mississippi Code of 1972, is brought forward as follows:
23-15-461. As used in this chapter, unless otherwise specified:
(a) "Automatic tabulating equipment" includes apparatus necessary to automatically examine and count votes as designated on ballots or ballot cards and tabulate the results.
(b) "Ballot card" means a tabulating card on which votes may be recorded by means of punching or marking.
(c) "Ballot labels" means the cards, papers, booklet, pages or other material, containing the names of offices and candidates and the statements of measures to be voted on, which are placed on the voting device.
(d) "Ballot" means a paper ballot on which votes are recorded, or alternatively may mean ballot cards and ballot labels.
(e) "Chad" means the part of a ballot card that is designed to be punched out by the voter.
(f) "Counting center" means one or more locations used for the automatic counting of ballots.
(g) "Electronic voting system" means a system in which votes are recorded on a paper ballot or ballot cards by means of marking or punching, and such votes are subsequently counted and tabulated by automatic tabulating equipment at one or more counting centers.
(h) "Voting device" means an apparatus which the voter uses to record his votes by marking or punching a hole in a paper ballot or tabulating card, which votes are subsequently counted by electronic tabulating equipment.
SECTION 343. Section 23-15-463, Mississippi Code of 1972, is brought forward as follows:
23-15-463. The board of supervisors of any county in the State of Mississippi and the governing authorities of any municipality in the State of Mississippi are hereby authorized and empowered, in their discretion, to purchase or rent voting devices and automatic tabulating equipment used in an electronic voting system which meets the requirements of Section 23-15-465, and may use such system in all or a part of the precincts within its boundaries, or in combination with paper ballots in any election or primary. It may enlarge, consolidate or alter the boundaries of precincts where an electronic voting system is used. The provisions of Sections 23-15-461 through 23-15-485 shall be controlling with respect to elections where an electronic voting system is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable and not inconsistent with the efficient conduct of elections with electronic voting systems, shall apply. Absentee ballots shall be voted as now provided by law.
SECTION 344. Section 23-15-465, Mississippi Code of 1972, is brought forward as follows:
23-15-465. No electronic voting system, consisting of a marking or voting device in combination with automatic tabulating equipment, shall be acquired or used in accordance with Sections 23-15-461 through 23-15-485 unless it shall:
(a) Provide for voting in secrecy when used with voting booths;
(b) Permit each voter to vote at any election for all persons and offices for whom and for which he is lawfully entitled to vote; to vote for as many persons for an office as he is entitled to vote for; to vote for or against any question upon which he is entitled to vote; and the automatic tabulating equipment shall reject choices recorded on his ballot card or paper ballot if the number of choices exceeds the number which he is entitled to vote for the office or on the measure;
(c) Permit each voter, at presidential elections, by one (1) mark or punch to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of his choice when permitted by law;
(d) Permit each voter, at other than primary elections, to vote for the nominees of one or more parties and for independent nominees;
(e) Permit each voter to vote for candidates only in the primary in which he is qualified to vote;
(f) Permit each voter to vote for persons whose names are not on the printed ballot or ballot labels;
(g) Prevent the voter from voting for the same person more than once for the same office;
(h) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and counting ballots;
(i) Be provided with means for sealing the voting or marking device against any further voting after the close of the polls and the last voter has voted;
(j) When properly operated, record correctly and count accurately every vote cast;
(k) Be provided with a mechanical model for instructing voters, and be so constructed that a voter may readily learn the method of operating it;
(l) Be safely transportable, and include a light to enable voters to read the ballot labels and instructions.
SECTION 345. Section 23-15-467, Mississippi Code of 1972, is brought forward as follows:
23-15-467. Whenever the board of supervisors of any county or the governing authorities of any municipality shall purchase or rent voting equipment that meets the requirements of this chapter, such voting equipment may be used at all elections held in such county or municipality, or in any part thereof, for voting, registering, or counting votes cast at such elections as provided by Section 23-15-405 with respect to voting machines.
SECTION 346. Section 23-15-469, Mississippi Code of 1972, is brought forward as follows:
23-15-469. Ballots and ballot labels shall, as far as practicable, be in the same order of arrangement as provided for paper ballots, except that such information may be printed in vertical or horizontal rows, or in a number of separate pages which are placed on the voting device. Ballot labels shall be printed in plain clear type in black ink and upon clear white materials of such size and arrangement as to fit the construction of the voting device. Arrows may be printed on the ballot labels to indicate the place to punch the ballot card, which may be to the right or left of the names of candidates and propositions. The titles of offices may be arranged in vertical columns or on a series of separate pages, and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. In case there are more candidates for an office than can be printed in one (1) column or on one (1) ballot page, the ballot or ballot label shall be clearly marked that the list of candidates is continued on the following column or page, and, so far as possible, the same number of names shall be printed on each column or page. The names of candidates for each office shall be printed in vertical columns or on separate pages, grouped by the offices which they seek. In partisan elections, the party designation of each candidate, which may be abbreviated, shall be printed following his name.
Two (2) sample ballots, which shall be facsimile copies of the official ballot or ballot labels, and instructions to voters, shall be provided for each precinct and shall be posted in each polling place on election day.
Sample ballots may be printed on a single page or on a number of pages stapled together. A separate write-in ballot, which may be in the form of a paper ballot, card or envelope in which the voter places his ballot card after voting, shall be provided if required to permit voters to write in the title of the office and the name of a person not on the printed ballot for whom he wishes to vote.
SECTION 347. Section 23-15-471, Mississippi Code of 1972, is brought forward as follows:
23-15-471. The official ballots, ballot labels, ballot cards, sample ballots and other necessary forms and supplies of the form and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same officials, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots. If ballot cards are used, each card shall have a serially numbered stub which shall be removed in the presence of an election officer by the voter before being deposited in the ballot box.
SECTION 348. Section 23-15-473, Mississippi Code of 1972, is brought forward as follows:
23-15-473. The circuit court clerk shall be the custodian of voting devices acquired by a county, who shall be charged with the proper storage, maintenance and repair of voting devices, and the preparation of them for voting prior to elections. After they have been prepared for an election and at least three (3) days prior thereto, the voting devices shall be available for public inspection at a time and place designated by the custodian. Thereafter they shall be locked or sealed before delivery to the managers of the election. The custodian shall immediately repair, replace or remove any voting device which fails to function properly on election day. The clerk of any municipality which acquires voting devices shall be the custodian of such voting devices and perform the same functions.
If a voting device at a polling place malfunctions and cannot be repaired or replaced quickly and there is no other device in the polling place that can be used to perform the function of the device that malfunctions, unofficial ballots made as nearly as possible in the form of the official ballot may be used until the voting device is repaired or replaced. Such ballots shall be received by the managers and placed by them in a receptacle in such case to be provided by the managers, and counted with the votes registered on the voting device; and the result shall be declared the same as though there had been no accident to the voting device; the ballots thus voted shall be preserved and returned as herein directed, with a certificate or statement setting forth how and why the same were voted.
SECTION 349. Section 23-15-475, Mississippi Code of 1972, is brought forward as follows:
23-15-475. Prior to each election, the officials in charge of the election shall provide for the instruction of the polling officers in their duties as provided in Section 23-15-417 with respect to voting machines, and shall place voting devices on public display at such times and places as they may determine for the education of voters in their use.
SECTION 350. Section 23-15-477, Mississippi Code of 1972, is brought forward as follows:
23-15-477. Not less than thirty (30) minutes before the opening of the polls, the voting precinct election officers shall arrive at the polling place and set up the voting booths so that they will be in clear view of the election officers; open the voting devices, place them in the voting booths, and examine them to see that they have the correct ballot labels by comparing them with the sample ballots, and are in proper working order; and open and check the ballots, ballot cards, supplies, records and forms, and post the sample ballots and instructions to voters. Each voter shall be instructed how to operate the voting device before he enters the voting booth. If he needs additional instruction after entering the voting booth, two (2) election officers may, if necessary, enter the booth and give him such additional instructions. Any voter who spoils his ballot or ballot card may return it and secure another. The word "SPOILED" shall be written across the face of the ballot and it shall be placed in the envelope for spoiled ballots. If ballot cards are used, the voter, after he has marked his ballot card, shall remove the stub in the presence of the election officer, and deposit the ballot card inside the ballot box. No ballot from which the stub has been detached without the presence of the election officer shall be accepted by the judge in charge of the ballot box, but it shall be marked "SPOILED" and placed with the spoiled ballots. As soon as the polls have been closed and the last qualified voter has voted, the voting devices shall be sealed against further voting. All unused ballots or ballot cards shall be placed in a container which shall be sealed and returned to the officials in charge of the election.
SECTION 351. Section 23-15-479, Mississippi Code of 1972, is brought forward as follows:
23-15-479. The managers shall prepare a report in duplicate of the number of voters who have voted, as indicated by the poll list, and shall place this report in the ballot box, which thereupon shall be sealed with a paper seal signed by the managers so that no additional ballots may be deposited or removed from the ballot box. Two (2) managers shall forthwith deliver the ballot box to the counting center or other designated place and receive a signed, numbered receipt therefor. The poll list, register of voters, unused ballots and ballot cards, spoiled ballots, and other records and supplies, shall be returned as directed by the officials in charge of the election.
SECTION 352. Section 23-15-481, Mississippi Code of 1972, is brought forward as follows:
23-15-481. Prior to the start of the count of the ballots, the commissioners of elections, in conjunction with the circuit clerks or officials in charge of the election shall have the automatic tabulating equipment tested to ascertain that it will accurately count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least forty-eight (48) hours prior thereto by publication once in one or more daily or weekly newspapers published in the county, city or jurisdiction where such equipment is used, if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be witnessed by representatives of the political parties, candidates, the press and the public. It shall be conducted by processing a preaudited group of ballots so punched or marked as to record a predetermined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made and certified to by the officials in charge before the count is started. The tabulating equipment shall pass the same test at the conclusion of the count before the election returns are approved as official. On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots.
SECTION 353. Section 23-15-483, Mississippi Code of 1972, is brought forward as follows:
23-15-483. (1) All proceedings at the counting center shall be under the direction of the commissioners of elections or officials in charge of the election, and shall be conducted under the observation of the public, but no persons except those authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in processing and counting of the ballots shall be deputized in writing and take an oath that they will faithfully perform their assigned duties. Persons assigned to operate the automatic tabulating equipment shall submit evidence satisfactory to the commissioners of elections or officials in charge of the elections of their qualifications to operate said equipment.
(2) The commissioners of elections or the officials in charge of the election shall appoint qualified electors of the county to serve as judges on a resolution board in the manner provided in Section 23-15-523 to review all ballots that have been rejected by the electronic voting system tabulating equipment and are damaged or defective. An odd number of members shall be appointed to the resolution board.
(3) (a) If any ballot is damaged or defective so that it cannot be properly counted by the automatic tabulating equipment, the ballot shall be deposited in an envelope provided for that purpose marked "RESOLUTION BOARD." All such ballots shall be carefully handled so as to avoid disturbing any chad or mark on the ballot.
(b) The commissioners of election or officials in charge of the election shall direct the judges or the resolution board to manually count any damaged or defective ballots, who shall determine the intent of the voter and record the vote consistent with this determination.
(c) As an alternative to the procedure provided for in paragraph (b) of this subsection, the resolution board may be instructed by the officials in charge of the election to prepare a duplicate to the damaged or defective ballot in the following manner:
(i) The resolution board shall prepare a duplicate to the original damaged or defective ballot marked identically to the original.
(ii) The
resolution board shall mark the first original they examine as "Original
#1" and the duplicate of this original as "Duplicate #1."
Subsequent originals and duplicates shall be likewise marked and numbered
consecutively so the duplicate of each original can be identified. Duplicate
ballots may be printed in a different color from the original ballots so that
they may be easily distinguished * * * from the originals.
(iii) The duplicate ballots prepared pursuant to this paragraph shall be counted by the electronic tabulating equipment.
(4) If the resolution board is directed to manually count damaged or defective ballots, the board shall examine each damaged or defective ballot and determine the intent of the voter. A vote on a ballot in which a hole is punched by the voter to indicate a vote shall not be counted unless:
(a) At least two (2) corners of the chad are detached;
(b) Light is visible through the hole;
(c) An indentation on the chad from the stylus or other object is clearly present and indicates a clearly ascertainable intent of the voter to vote; or
(d) The chad reflects by other means a clearly ascertainable intent of the voter to vote based on the totality of the ballot.
(5) All ballots that are rejected by the automatic tabulating equipment and which contain overvotes shall be inspected by the resolution board. In cases in which a ballot appearing to contain overvotes is reviewed by the resolution board, the board shall apply the following standards in determining the intent of the voter:
(a) When an elector casts more votes for any office or measure than the voter is entitled to cast, all the elector's votes for that office or measure are invalid and the voter shall be deemed to have voted for none of them.
(b) In an election for President of the United States, if the voter votes for both the candidates for President and Vice President of the United States from the same party ticket or independent candidate choices, if such option is available to the voter due to the design of the electronic voting system ballot, then the vote is counted as a single vote for the joint candidates for President and Vice President.
(6) Subsections (2) and (3) of this section shall not supercede any clearly ascertainable intent of the voter.
(7) If for any reason it becomes impractical to count all or a part of the ballots with the automatic tabulating equipment, the officials in charge of the election may direct that the ballots be counted manually and voter intent shall be determined by following the provisions of subsections (2), (3) and (4) of this section in cases of overvoted ballots or those appearing to be blank.
(8) The return printed by the automatic tabulating equipment, to which have been added the ballots that have been manually counted and which has been duly certified by the officials in charge of the election, shall constitute the official return of each voting precinct or supervisors district. Unofficial and incomplete returns may be released during the count. Upon completion of the count, the official returns shall be open to the public.
(9) Automatic tabulating equipment shall be programmed, calibrated, adjusted and set up to reject ballot cards that appear to be damaged or defective. Any switch, lever or feature on automatic tabulating equipment that enables or permits the automatic tabulating equipment to override the rejection of damaged or defective ballot cards so that such cards will not be reviewed by the resolution board shall not be utilized.
(10) Ballots shall be manually counted by the resolution board only when the ballots are:
(a) Properly before the resolution board due to being rejected by the automatic tabulating equipment because the ballots appear to be damaged or defective or are rejected by the automatic tabulating equipment for any other reason; or
(b) Properly before the resolution board due to a malfunction in the automatic tabulating equipment.
(11) The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
SECTION 354. Section 23-15-485, Mississippi Code of 1972, is brought forward as follows:
23-15-485. The Secretary of State shall have the power to issue supplementary instructions and procedures for the safe and efficient use of electronic voting systems and to carry out the purpose of this chapter. Subject to such instructions and procedures and the provisions of this chapter, the commissioners of elections shall have the power to make all necessary and desirable provisions for the conduct of elections with approved electronic voting systems.
SECTION 355. Section 23-15-501, Mississippi Code of 1972, is brought forward as follows:
23-15-501. Sections 23-15-501 through 23-15-525 are supplemental and in addition to the election laws of the State of Mississippi as now in effect or as may be amended.
SECTION 356. Section 23-15-509, Mississippi Code of 1972, is brought forward as follows:
23-15-509. Whenever the board of supervisors of any county or the governing authorities of any municipalities shall purchase or rent any OMR voting system that meets the requirements of this article, such system may be used at all elections held in such county or municipality, or in any part thereof, for voting, registering or counting votes cast at such elections as provided by Section 23-15-405 with respect to voting machines.
SECTION 357. Section 23-15-531.2, Mississippi Code of 1972, is brought forward as follows:
23-15-531.2. DREs shall be arranged in the polling place in such a manner as to:
(a) Ensure the privacy of the elector while voting on such units;
(b) Allow monitoring of the units by the poll managers while the polls are open; and
(c) Permit the public and lawful poll watchers to observe the voting without affecting the privacy of the electors as they vote.
SECTION 358. Section 23-15-531.7, Mississippi Code of 1972, is brought forward as follows:
23-15-531.7. The officials in charge of the election shall place on public exhibition and demonstrate the use of the DRE units throughout the county or municipality during the month preceding each primary and general election. At least during the initial year in which DRE equipment is used in a county or municipality, all officials in charge of the election shall offer a series of demonstrations and organized voter education initiatives to educate electors in the use of such equipment in voting.
SECTION 359. Section 23-15-531.8, Mississippi Code of 1972, is brought forward as follows:
23-15-531.8. (1) All DRE units and related equipment shall be properly stored and secured when not in use.
(2) The circuit clerk shall store the DRE units and related equipment under his or her supervision when it is not in use at an election. The circuit clerk shall provide compensation for the safe storage and care of such units and related equipment if the units and related equipment are stored by a person or entity other than the circuit clerk.
SECTION 360. Section 23-15-531.11, Mississippi Code of 1972, is brought forward as follows:
23-15-531.11. In the case of challenged ballots cast on direct recording electronic voting equipment, the ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation and the challenged ballots shall be counted, challenged or rejected in accordance with the challenged ballot law.
SECTION 361. Section 23-15-531.13, Mississippi Code of 1972, is brought forward as follows:
23-15-531.13. Any person who willfully tampers with or damages any DRE unit or tabulating computer or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any DRE unit or tabulating computer or device shall be guilty of a felony and, upon conviction, be punished by imprisonment for not less than three (3) years nor more than ten (10) years.
SECTION 362. Section 23-15-545, Mississippi Code of 1972, is brought forward as follows:
23-15-545. At each election, the managers shall cause one (1) of the clerks to write in the pollbook the word "VOTED," in the column having at its head the date of the election, opposite the name of each elector as he votes.
SECTION 363. Section 23-15-549, Mississippi Code of 1972, is brought forward as follows:
23-15-549. Any voter who declares to the managers of the election that he requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice other than the voter's employer, or agent of that employer, or officer or agent of the voter's union.
SECTION 364. Section 23-15-555, Mississippi Code of 1972, is brought forward as follows:
23-15-555. Any voter who shall, except as herein provided, allow his ballot to be seen by any person, or who shall make a false statement as to his inability to mark his ballot, or who shall place any mark upon his ballot by which it can afterwards be identified as the one voted by him, or any person who shall interfere or attempt to interfere with any voter when inside the compartment or inclosed place, or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he will mark, or after voting how he has marked his ballot, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00); and the election officers shall cause any person so violating the law to be arrested and carried before the proper officer or tribunal for commitment and trial for such offense.
SECTION 365. Section 23-15-557, Mississippi Code of 1972, is brought forward as follows:
23-15-557. The governing authorities of any municipality within the State of Mississippi are hereby authorized and empowered, in their discretion, to divide the municipality into a sufficient number of voting precincts of such size and location as is necessary, and there shall be the same number of polling places. The authority conducting an election shall not be required, however, to establish a polling place in each of said precincts, but such election authorities, whether in a primary or in a general election, may locate and establish such polling places, without regard to precinct lines, in such manner as in the discretion of such authority will better accommodate the electorate and better facilitate the holding of the election.
SECTION 366. Section 23-15-559, Mississippi Code of 1972, is brought forward as follows:
23-15-559. The provisions of Sections 23-15-171 and 23-15-173 fixing the time for the holding of primary and general elections shall not apply to any municipality operating under a special or private charter where the governing board or authority thereof, on or before June 25, 1952, shall have adopted and spread upon its minutes a resolution or ordinance declining to accept such provisions, in which event the primary and general elections shall be held at the time fixed by the charter of such municipality.
The provisions of Section 23-15-859 shall be applicable to all municipalities of this state, whether operating under a code charter, special charter, or the commission form of government, except in cases of conflicts between the provisions of such section and the provisions of the special charter of a municipality, or the law governing the commission form of government, in which cases of conflict the provisions of the special charter or the statutes relative to the commission form of government shall apply.
SECTION 367. Section 23-15-621, Mississippi Code of 1972, is brought forward as follows:
23-15-621. The title of Sections 23-15-621 through 23-15-653 of this chapter shall be the Absentee Balloting Procedures Law.
SECTION 368. Section 23-15-623, Mississippi Code of 1972, is brought forward as follows:
23-15-623. All absentee ballots as authorized in Sections 23-15-671 through 23-15-697, in Sections 23-15-711 through 23-15-721, and Sections 23-15-731 and 23-15-733, shall be handled as provided in Sections 23-15-621 through 23-15-653.
SECTION 369. Section 23-15-625, Mississippi Code of 1972, is brought forward as follows:
23-15-625. (1) The registrar shall be responsible for providing applications for absentee voting as provided in this section. At least sixty (60) days prior to any election in which absentee voting is provided for by law, the registrar shall provide a sufficient number of applications. In the event a special election is called and set at a date which makes it impractical or impossible to prepare applications for absent elector's ballot sixty (60) days prior to the election, the registrar shall provide applications as soon as practicable after the election is called. The registrar shall fill in the date of the particular election on the application for which the application will be used.
(2) The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he serves. Any person who presents to the registrar an oral or written request for an absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote by absentee ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose. However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State. The form shall provide a place for such person to place his mark after the form has been filled out by the registrar.
(3) It shall be unlawful for any person to solicit absentee ballot applications or absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173. This prohibition shall not apply to:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) The registrar in the county wherein a voter is qualified to vote upon receiving the envelope containing the absentee ballots shall keep an accurate list of all persons preparing such ballots, which list shall be kept in a conspicuous place accessible to the public near the entrance to his office. The registrar shall also furnish to each precinct manager a list of the names of all persons in each respective precinct voting absentee ballots to be posted in a conspicuous place at the polling place for public notice. The application on file with the registrar and the envelopes containing the ballots shall be kept by the registrar and deposited in the proper precinct ballot boxes before such boxes are delivered to the election commissioners or managers. At the time such boxes are delivered to the election commissioners or managers, the registrar shall also turn over a list of all such persons who have voted and whose ballots are in the box.
(5) The registrar shall also be authorized to mail one (1) application to any qualified elector of the county for use in a particular election.
(6) The registrar shall process all applications for absentee ballots by using the Statewide Election Management System. The registrar shall account for all absentee ballots delivered to and received from qualified voters by processing such ballots using the Statewide Election Management System.
SECTION 370. Section 23-15-627, Mississippi Code of 1972, is brought forward 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, 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.
( ) 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.
( ) 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.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) 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.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) 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.
( ) I will be outside the county on election day.
( ) 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.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day 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 371. Section 23-15-629, Mississippi Code of 1972, is brought forward as follows:
23-15-629. (1) The application for an absentee ballot of a person who is permanently physically disabled shall be accompanied by a statement signed by such person's physician, or nurse practitioner, which statement must show that the person signing the statement is a licensed, practicing medical doctor or nurse practitioner and must indicate that the person applying for the absentee ballot is permanently physically disabled to such a degree that it is difficult for him to vote in person.
(2) An application accompanied by the statement provided for in subsection (1) of this section shall entitle such permanently physically disabled person to automatically receive an absentee ballot for all elections on a continuing basis without the necessity for reapplication.
(3) The registrar of each county shall keep an accurate list of the names and addresses of all persons whose applications for absentee ballot are accompanied by the statement set forth in subsection (1) of this section. Sixty (60) days prior to each election, the registrar shall deliver such list to the commissioners of election who shall examine the list and delete from it the names of all persons listed who are no longer qualified electors of the county. Upon completion of such examination, the commissioners of election shall return the list to the registrar by no later than forty-five (45) days prior to the election.
(4) The registrar shall send a ballot to all persons who are determined by the commissioners of election to be qualified electors pursuant to subsection (3) of this section by no later than forty (40) days prior to the election.
SECTION 372. Section 23-15-631, Mississippi Code of 1972, is brought forward as follows:
23-15-631. (1) The registrar shall enclose with each ballot provided to an absent elector separate printed instructions furnished by him 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 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 shall be across the flap of the envelope so as to insure 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 deposit of mail so that the absent elector's ballot, excepting presidential absentee ballots, will reach the registrar in which your precinct is located not later than 5:00 p.m. on the day preceding the date of the election.
Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or any 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 signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If one or the other officers herein named acts as attesting witness, his signature on the elector's certificate, together with his 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 person who is a candidate for public office may not be an attesting witness for any absentee ballot upon which the person's name appears.
(f) Any voter casting an absentee ballot who declares that he 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 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, or the voter's employer, or agent of that employer. 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 373. Section 23-15-633, Mississippi Code of 1972, is brought forward as follows:
23-15-633. On any envelope where the elector's signature and the signature of the attesting witness are required, the signature lines and the signatures shall be across the flap of the envelope to insure the integrity of the ballot and the following shall be printed on the flap on the back of the envelope in bold print and in a distinguishing color: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 374. Section 23-15-635, Mississippi Code of 1972, is brought forward as follows:
23-15-635. (1) The form of the elector's certificate, attesting witness certification and certificate of person providing voter assistance on the back of the envelope used by voters who do not use the registrar of their county of residence as an attesting witness and who are not absent voters as defined in Section 23-15-673, shall be as follows:
"ELECTOR'S CERTIFICATE
STATE OF __________
COUNTY OR PARISH OF __________
I, __________, under penalty of perjury do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2____, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up to one (1) year in jail and a fine of up to One Thousand Dollars ($1,000.00). (Miss. Code. Ann. Section 97-13-37.)
____________________
(Signature of voter)
CERTIFICATE OF ATTESTING WITNESS
Under penalty of perjury I affirm that the above named voter personally appeared before me, on this the ___ day of __________, 2____, and is known by me to be the person named, and who, after being duly sworn or having affirmed, subscribed the foregoing oath or affirmation. That the voter exhibited to me his blank ballot; that the ballot was not marked or voted before the voter exhibited the ballot to me; that the voter was not solicited or advised by me to vote for any candidate, question or issue, and that the voter, after marking his ballot, placed it in the envelope, closed and sealed the envelope in my presence, and signed and swore or affirmed the above certificate.
_________________________ _________________________
(Attesting witness) (Address)
_________________________ _________________________
(Official title) (City and State)
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I, under penalty of perjury, hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up to one (1) year in jail and a fine of up to One Thousand Dollars ($1,000.00). (Miss. Code. Ann. Section 97-13-37.)
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(2) The envelope used pursuant to this section shall not contain the form prescribed pursuant to Section 23-15-719 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 375. Section 23-15-637, Mississippi Code of 1972, is brought forward 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 12:00 noon 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. The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.
SECTION 376. Section 23-15-639, Mississippi Code of 1972, is brought forward as follows:
23-15-639. (1) In elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.
(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 is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, 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 election managers 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 and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person. If voting machines are used, all absentee ballots shall be placed in the ballot box before any ballots are counted, and the election managers in each precinct shall immediately count such absentee ballots and add them to the votes cast in the voting machine or device.
(2) In elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.
(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 is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the unopened envelope shall be marked "ACCEPTED" and the election managers shall enter the voter's name in the receipt book provided for that purpose and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person.
(c) All absentee ballot envelopes shall then be placed 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. The official in charge of the election shall open the envelopes marked "ACCEPTED" and remove the ballot from the envelope.
(d) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.
When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.
(3) The election managers 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.
SECTION 377. Section 23-15-641, Mississippi Code of 1972, is brought forward 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, the previously cast vote 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 378. Section 23-15-643, Mississippi Code of 1972, is brought forward as follows:
23-15-643. If an affidavit is required, the appropriate election officials shall examine the affidavit of each absentee ballot envelope. If the officials are satisfied that the affidavit is sufficient and that the absentee voter is otherwise qualified to vote, an official shall announce the name of the voter and shall give any person present an opportunity to challenge in like manner and for the same cause as the voter could have been challenged had he presented himself personally in such precinct to vote. The ineligibility of the voter to vote by absentee ballot shall be a ground for a challenge. Also, the officials shall consider any absentee voter challenged when a person has previously filed a written challenge of such voter's right to vote. The election officials shall handle any such challenge in the same manner as other challenged ballots are handled.
SECTION 379. Section 23-15-645, Mississippi Code of 1972, is brought forward as follows:
23-15-645. After the votes have been counted the officials shall preserve all applications, envelopes and the list of absent voters along with the ballots and other election materials and return the same to the registrar.
SECTION 380. Section 23-15-647, Mississippi Code of 1972, is brought forward as follows:
23-15-647. The registrar shall keep safely and unopened all official absentee ballots which are received subsequent to the applicable cutoff period establishing its validity. Upon receipt of such ballot, the registrar shall write the day and hour of the receipt of the ballot on its envelope. All such absentee ballots returned to the registrar after the cutoff time shall be safely kept unopened by the registrar for the period of time required for the preservation of ballots used in the election, and shall then, without being opened, be destroyed in like manner as the used ballots of the election.
SECTION 381. Section 23-15-649, Mississippi Code of 1972, is brought forward as follows:
23-15-649. For all elections, there shall be prepared and printed by the officials charged with this duty with respect to the election, as soon as the deadline for the qualification of candidates has passed or forty-five (45) days of the election, whichever is later, official ballots for each voting precinct to be known as absentee voter ballots, which ballots shall be prepared and printed in the same form and shall be of the same size and texture as the regular official ballot except that they shall be printed on tinted paper of a tint different from that of the regular official ballot.
SECTION 382. Section 23-15-651, Mississippi Code of 1972, is brought forward 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 383. Section 23-15-653, Mississippi Code of 1972, is brought forward as follows:
23-15-653. All registrars' offices shall remain open until noon on the two (2) Saturdays prior to each election.
SECTION 384. Section 23-15-657, Mississippi Code of 1972, is brought forward as follows:
23-15-657. The registrar is authorized to accept requests for absentee ballots by telephone. When a telephone request that an absentee ballot application be mailed by the registrar to an elector is made, the registrar shall ascertain the name and complete address of the person making the telephone request and shall print upon the absentee ballot application the name and complete address of the requestor and the relation of such person to the voter if requested by a person other than the voter and the date such request was made. Such requests shall be processed through the Statewide Election Management System.
SECTION 385. Section 23-15-671, Mississippi Code of 1972, is brought forward as follows:
23-15-671. The title of Sections 23-15-671 through 23-15-697 shall be the Armed Services Absentee Voting Law.
SECTION 386. Section 23-15-673, Mississippi Code of 1972, is brought forward as follows:
23-15-673. (1) For the purposes of this subarticle, the term "absent voter" shall mean and include the following persons if they are absent from their county of residence and are otherwise qualified to vote in Mississippi:
(a) Any enlisted or commissioned members, male or female, of the United States Army, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Navy, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Air Force, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Marines, or any of its respective components or various divisions thereof; or any persons in any division of the armed services of the United States, who are citizens of Mississippi;
(b) Any member of the Merchant Marine and the American Red Cross who is a citizen of Mississippi;
(c) Any disabled war veteran who is a patient in any hospital and who is a citizen of Mississippi;
(d) Any 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 who is a citizen of Mississippi;
(e) Any trained or certified emergency response provider who is deployed during the time period authorized by law for absentee voting, on election day, or during any state of emergency declared by the President of the United States or any Governor of any state within the United States;
(f) Any citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia;
(g) Any citizen of Mississippi enrolled as a student at the United States Naval Academy, the United States Coast Guard Academy, the United States Merchant Marine Academy, the United States Air Force Academy or the United States Military Academy.
(2) The spouse and dependents of any absent voter as set out in paragraphs (a) through (g) of subsection (1) of this section shall also be included in the meaning of absent voter and may register to vote and vote an absentee ballot as provided in this subarticle if also absent from the county of their residence on the date of the election and otherwise qualified to vote in Mississippi.
(3) For the purpose of this subarticle, the term "election" shall mean and include the following sets of elections: special and runoff special elections, preferential and general elections, first and second primary elections or general elections without preferential elections, whichever system is applicable.
SECTION 387. Section 23-15-675, Mississippi Code of 1972, is brought forward as follows:
23-15-675. Any absent voter, as defined in Section 23-15-673, who is otherwise qualified, may, upon compliance with the provisions of this subarticle, vote in any elections which are held in his voting precinct when he is absent for the reasons set forth in this subarticle.
SECTION 388. Section 23-15-677, Mississippi Code of 1972, is brought forward as follows:
23-15-677. (1) All absent voters as defined in Section 23-15-673(1) and (2) may use a duly executed federal postcard application (as provided for in the Uniformed and Overseas Citizens Absentee Voting Act, 42 USCS 1973ff et seq.) to request a ballot or to register to vote, or to do both simultaneously.
(2) An absent voter who registers to vote utilizing a federal postcard application or a Federal Write-In-Absentee Ballot may vote in an election if the voter was registered to vote ten (10) or more days prior to the date of the election.
SECTION 389. Section 23-15-679, Mississippi Code of 1972, is brought forward as follows:
23-15-679. The official absentee voter ballots shall be prepared and printed in the same form and shall be of the same size and texture as the regular official ballot except that they shall be printed on tinted paper of a tint different from that of the regular official ballot.
SECTION 390. Section 23-15-681, Mississippi Code of 1972, is brought forward as follows:
23-15-681. Except as otherwise provided in this subarticle, all official absentee ballots shall be sent out and returned in envelopes on which there is printed across the face two (2) parallel horizontal bars, each one-fourth (1/4) of an inch wide, extending from one side of the envelope to the other side, with an intervening space of one-fourth (1/4) of an inch, the top bar to be one and one-fourth (1-1/4) inches from the top of the envelope, and with the words "OFFICIAL ELECTION BALLOTING MATERIAL-VIA AIR MAIL" between the bars. In the upper right corner of each such envelope there shall be printed in a box the words "FREE OF U.S. POSTAGE, INCLUDING AIR MAIL." All printing on the face of such envelopes shall be in black, and there shall be printed in black in the upper left corner of all such ballot envelopes an appropriate inscription for the return address of the sender.
SECTION 391. Section 23-15-683, Mississippi Code of 1972, is brought forward as follows:
23-15-683. In any elections, as soon as the deadline for the qualification of candidates has passed, or forty-five (45) days prior to the election, whichever is later, absentee ballots shall be prepared and printed for the elections, and both of said ballots shall have printed thereon the names of all candidates who originally qualify as candidates. However, such ballots shall be printed on paper of different tints or colors and shall be styled so as to show which ballot is to be used for the first election and which ballot is to be used for the second election. When the proper application is made as is otherwise provided herein, the registrar shall send to the absent voter the proper absent voter ballots for the elections as is otherwise provided herein, and with such ballots there shall be sent also separate official envelopes for the return thereof. No additional ballot shall be thereafter sent to the absent voter for the second election but the absent voter shall ascertain which of the candidates who originally qualified are candidates in the second election and he or she may vote for his choice between them on the second election ballot previously sent him. If an absentee voter shall vote for any candidate on the second election ballot who is not a candidate in the second election, his vote for that office shall be disregarded.
SECTION 392. Section 23-15-685, Mississippi Code of 1972, is brought forward as follows:
23-15-685. Within forty-five (45) days next prior to any election upon application first made to the registrar of the county by any absent voter as defined in this subarticle, such person shall be sent an absentee voter ballot of the county of which he is a citizen and resident. The registrar shall send to such absent voter a proper absentee voter ballot containing the names of all candidates who qualify or the proposition to be voted upon in such elections, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.
SECTION 393. Section 23-15-687, Mississippi Code of 1972, is brought forward as follows:
23-15-687. (1) The registrar shall keep all applications for absentee ballots and shall, within twenty-four (24) hours, if possible, send to the absent voter on whose behalf the application is made, the proper affidavit and the proper ballot or ballots applicable to the elections. Such information shall be processed through the Statewide Election Management System.
(2) One (1) application for an absentee ballot shall serve as a request by the applicant for an absentee ballot for:
(a) The next federal general election, including all primary elections associated with the election;
(b) All state and county primary and general elections that occur after the receipt of the application by the registrar through the date of the next federal general election that occurs after the receipt of the application by the registrar.
(3) The registrar shall preserve all applications for absentee ballots for one (1) year as a record to be furnished to any court or other duly constituted authority for inspection or evidence if properly requested.
(4) If the registrar rejects an application for an absentee ballot or denies a request to register to vote from a uniformed services applicant or an overseas voter, the registrar shall provide the person with the reasons for the rejection.
(5) Any runoff election for a federal election shall be considered a continuation of such federal election.
(6) An absent voter as defined in Section 23-15-673(1) may sign an absentee ballot application by electronic signature. The Secretary of State shall adopt rules necessary to implement this subsection.
SECTION 394. Section 23-15-691, Mississippi Code of 1972, is brought forward as follows:
23-15-691. As soon as possible after the printing of the official absentee ballot for any election, the registrar of the county shall send to any absent voter as defined in this subarticle, who shall, upon proper application, have requested same, the official absentee voter ballot or ballots provided for in this subarticle and the instructions for voting and returning the ballot. If the ballot is sent by mail the registrar shall send a self-addressed envelope or envelopes with the ballot and the instructions.
If the ballot is sent by mail, the gummed flap of the envelope provided for the return of the ballot must be separated by wax paper or other appropriate protective insert from the remaining balloting material. The voting instructions shall require a notation of the facts on the back of the envelope duly signed by the voter.
If applicable, the instructions shall indicate that the ballot shall be marked in ink or indelible pencil.
SECTION 395. Section 23-15-692, Mississippi Code of 1972, is brought forward as follows:
23-15-692. (1) An absent voter who resides outside the United States, who is a member of the United States Armed Forces or who is a family member of a member of the Armed Forces, and who is a registered voter of the State of Mississippi, may use the Federal Write-In-Absentee Ballot as provided for by 42 USCS 1973ff-2 in general, special, primary and runoff elections for local, state and federal offices.
(2) Upon receipt of a Federal Write-In-Absentee Ballot executed by a person who is a registered voter or whose information on the form is sufficient to register or update the registration of that person, the Federal Write-In-Absentee Ballot shall be considered as an absentee ballot request. Nothing in this subsection shall suspend the voter registration deadlines otherwise provided by law.
SECTION 396. Section 23-15-693, Mississippi Code of 1972, is brought forward as follows:
23-15-693. The absent voter, upon receipt of the absentee ballot, shall complete the declaration specified in the Uniformed and Overseas Citizens Absentee Voting Act, 42 USC Section 1973ff et seq.
SECTION 397. Section 23-15-697, Mississippi Code of 1972, is brought forward 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.
SECTION 398. Section 23-15-699, Mississippi Code of 1972, is brought forward as follows:
23-15-699. (1) Absent voters who have requested to receive absentee ballots and balloting materials may choose to receive such ballots and balloting materials by mail, facsimile device (FAX) or electronic mail delivery (e-mail). The Secretary of State shall establish procedures that allow an absent voter to make the choice authorized by this subsection.
(2) Consistent with the choice that the absent voter exercises pursuant to subsection (1) of this section, the registrar shall, in addition to mail, be authorized to use electronic facsimile (FAX) devices and electronic mail delivery (e-mail) to transmit balloting materials and absentee ballots. If the absent voter does not indicate a preference, delivery of such information shall be by mail.
(3) The registrar is authorized to receive by electronic facsimile (FAX) devices and electronic mail delivery (e-mail):
(a) Voted absentee ballots;
(b) Completed federal postcard applications as described in Section 23-15-677, which shall serve to request absentee ballots or to register to vote or to do both simultaneously; and
(c) Completed Federal Write-In-Absentee Ballots as described in Section 23-15-692.
(4) Once the registrar has received a voted absentee ballot pursuant to this section, he shall place the ballot in an absentee ballot envelope designated for absentee ballots under this subarticle and fill out the required information on the envelope. The registrar shall then notate on the envelope that the ballot was received under this section and a signature across the flap of the envelope shall not be required. Except as provided in this section, absentee ballots received under this subsection shall be treated in the same manner as other absentee ballots received under this subarticle.
(5) Access to voted absentee ballots before they are placed in an absentee ballot envelope shall be strictly limited to election officials who must process the ballot and any election official who views the ballots before they are placed in the envelope shall have the duty to protect the secrecy of the ballot choices; however, the failure of an election official to comply with this subsection shall not invalidate the ballot.
(6) Each circuit clerk shall furnish a suitable electronic mail delivery (e-mail) address that can be used to allow absent voters to comply with the provisions of this subarticle. Absentee ballots returned by any absent voter as defined in Section 23-15-673 must be received by the registrar by 7:00 p.m. on the date of the election.
SECTION 399. Section 23-15-701, Mississippi Code of 1972, is brought forward as follows:
23-15-701. (1) The Secretary of State shall adopt such rules which are necessary and essential to implement this subarticle and to bring the state into compliance with the Uniformed and Overseas Citizens Absentee Voting Act, 42 USCS Section 1973ff et seq. The Secretary of State shall furnish the Legislature with a copy of such rules sixty (60) days after adoption by the Secretary of State.
(2) The Secretary of State may exercise emergency powers concerning absentee voting and registration of military personnel over any election during an armed conflict or other military contingencies involving United States Armed Forces or mobilization of those forces, including state national guard or reserve components. The Secretary of State shall adopt rules describing the emergency powers and the situations in which the powers will be exercised.
SECTION 400. Section 23-15-711, Mississippi Code of 1972, is brought forward as follows:
23-15-711. The title of Sections 23-15-711 through 23-15-721 shall be the Mississippi Absentee Voter Law.
SECTION 401. Section 23-15-713, Mississippi Code of 1972, is brought forward 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 date of any primary, general or special election, or the spouse and dependents of said student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his voting residence, with such student, teacher or administrator.
(b) Any qualified elector who is required to be away from his place of residence on any election day due to his employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such 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 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.
(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 the spouse and dependents of such 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 during the times at which the polls will be open.
SECTION 402. Section 23-15-715, Mississippi Code of 1972, is brought forward 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 12:00 noon 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, 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, 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, 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 403. Section 23-15-717, Mississippi Code of 1972, is brought forward as follows:
23-15-717. Any elector enumerated in Section 23-15-713 applying for an absentee ballot shall complete an application form as provided in Section 23-15-627, and said elector shall fill in the application as is appropriate for his particular situation.
SECTION 404. Section 23-15-719, Mississippi Code of 1972, is brought forward as follows:
23-15-719. (1) Immediately upon completion of an application filed pursuant to the provisions of paragraph (a) of Section 23-15-715, the registrar shall deliver the necessary ballots to the applicant. The registrar shall identify the applicant by requiring him to present identification as required by Section 23-15-563, and shall then deliver the ballots to the applicant by mail or to the applicant in the registrar's office. The registrar shall not personally hand deliver ballots to voters, unless he delivers the ballots in the office of the registrar. The elector shall fill in his ballot in secret. After the applicant has properly marked the ballot and properly folded it, he shall deposit it in the envelope furnished him by the registrar.
After he has sealed the envelope, he shall subscribe and swear to an affidavit in the following form, which shall be printed on the back of the envelope containing the applicant's ballot:
"STATE OF MISSISSIPPI
COUNTY OF ___________
I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
_______________________
(Signature of voter)
SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.
(Registrar) _______________________
(Registrar)"
After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.
(2) If the voter has received assistance in marking his ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot:
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(3) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 405. Section 23-15-721, Mississippi Code of 1972, is brought forward as follows:
23-15-721. (1) Electors temporarily residing outside the county and obtaining an absentee ballot under the provisions of paragraph (b) of Section 23-15-715 shall appear before any official authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter. The elector shall exhibit to such official his absentee ballot unmarked and thereupon proceed in secret to fill in his ballot. After the elector has properly marked the ballot and properly folded it, he shall deposit it in the envelope furnished him. After he has sealed the envelope he shall deliver it to the official before whom he 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.
(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 said elector is qualified to vote. Except as otherwise provided by Section 23-15-699 and excluding presidential ballots as provided for in Sections 23-15-731 and 23-15-733, the ballots must be received by the registrar prior to 5:00 p.m. on the day preceding the election to be counted.
SECTION 406. Section 23-15-731, Mississippi Code of 1972, is brought forward as follows:
23-15-731. Any presidential absentee ballots received by the registrar subsequent to the delivery of ballot boxes to the election managers and prior to the time for the closing of the polls on election day shall be retained by the registrar and shall be delivered, together with the applications of the qualified absentee elector to an election official designated to receive them. The registrar shall receive a receipt from the designated election official for all such ballots and applications delivered. The designated election officials shall, upon the canvassing of the returns, count such ballots as if delivered to the proper precincts and such ballots shall be considered valid for all purposes as if they had been actually deposited in the proper precinct ballot boxes. The appropriate election officials shall examine the affidavit of each envelope. If the officials are satisfied that the affidavit is sufficient and that the absentee voter is otherwise qualified to vote, an official shall announce the name of the voter and shall give any person present an opportunity to challenge in like manner and for the same cause as the voter could have been challenged had he presented himself personally in such precinct to vote. The ineligibility of the voter to vote by absentee ballot shall be a ground for a challenge. The officials shall consider any absentee voter challenged when a person has previously filed a written challenge of such voter's right to vote. The election officials shall handle any such challenge in the same manner as other challenged ballots are handled, and if the challenge is not affirmed, the officials shall then open the envelope. The officials shall then open the envelope in such manner as not to destroy the affidavit printed thereon and shall deposit the ballot marked "OFFICIAL ABSENTEE BALLOT," in a ballot box reserved for absentee ballots. The commissioners shall endorse on their pollbooks a proper notation to indicate that the absentee voter has voted in such election by absentee ballot.
SECTION 407. Section 23-15-733, Mississippi Code of 1972, is brought forward as follows:
23-15-733. The registrar shall keep safely and unopened all official presidential absentee ballots which are received subsequent to the election. Upon receipt of such ballot, the registrar shall write the day and hour of the receipt of the ballot on its envelope. All such absentee ballots returned to the registrar shall be safely kept unopened by the registrar for the period of time required for the preservation of ballots used in the election, and shall then, without being opened, be destroyed in like manner as the used ballots of the election. Such information shall be processed through the Statewide Election Management System.
SECTION 408. Section 23-15-735, Mississippi Code of 1972, is brought forward as follows:
23-15-735. Absentee ballots shall not be delivered in person to an absentee voter or to any other person except when an absentee voter shall have properly received an absentee ballot pursuant to Section 23-15-719.
SECTION 409. Section 23-15-751, Mississippi Code of 1972, is brought forward as follows:
23-15-751. If any registrar or commissioner of elections shall refuse or neglect to perform any of the duties prescribed by Sections 23-15-621 through 23-15-735, or shall knowingly permit any person to sign a false affidavit or otherwise knowingly permit any person to violate Sections 23-15-621 through 23-15-735, or shall violate any of the provisions thereof, or if any officer taking the affidavits as provided in said acts shall make any false statement in his certificate thereto attached, he shall, upon conviction, be deemed guilty of a crime and shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the Penitentiary not exceeding one (1) year, and shall be removed from office.
SECTION 410. Section 23-15-753, Mississippi Code of 1972, is brought forward as follows:
23-15-753. (1) Any person who willfully, unlawfully and feloniously procures, seeks to procure, or seeks to influence the vote of any person voting by absentee ballot, by the payment of money, the promise of payment of money, or by the delivery of any other item of value or promise to give the voter any item of value, or by promising or giving the voter any favor or reward in an effort to influence his vote, or any person who aids, abets, assists, encourages, helps, or causes any person voting an absentee ballot to violate any provision of law pertaining to absentee voting, or any person who sells his vote for money, favor, or reward, has been paid or promised money, a reward, a favor or favors, or any other item of value, or any person who shall willfully swear falsely to any affidavit provided for in Sections 23-15-621 through 23-15-735, shall be guilty of the crime of "vote fraud" and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.
(2) It shall be unlawful
for any person who pays or compensates another person for assisting voters in
marking their absentee ballots to base the pay or compensation on the number of
absentee voters assisted or the number of absentee ballots cast by persons who
have received the assistance. Any person who violates this section, upon
conviction, shall * * *, be fined not less than One Thousand Dollars ($1,000.00) nor
more than Five Thousand Dollars ($5,000.00), or imprisoned in the Penitentiary
not less than one (1) year nor more than five (5) years, or both.
SECTION 411. Section 23-15-755, Mississippi Code of 1972, is brought forward as follows:
23-15-755. All of the provisions of Sections 23-15-621 through 23-15-735 shall be applicable, insofar as possible, to municipal, primary, preferential, general and special elections, and wherever herein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners, or county executive committee with reference to a state and county election, such duty shall likewise be imposed and such power and authority shall likewise be conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election. Any duty, obligation or responsibility imposed upon the registrar or upon the election commissioners, when applicable, shall likewise be conferred upon and devolved upon the appropriate party, executive committee or officials in any party primary.
SECTION 412. Section 23-15-841, Mississippi Code of 1972, is brought forward as follows:
23-15-841. Nominations for candidates to fill vacancies in county or county district offices shall be made upon dates to be fixed by the county executive committee for county or county district offices. The first and second primaries shall be held on the dates to be fixed by such executive committees, which committees shall also fix the dates when the returns are to be made of the results of such primaries. If there is not sufficient time, after the election is ordered, for the holding of second primary to fill such vacancies, on account of the nearness of the election, from the date at which it is ordered, the executive committee having such nomination in charge, may submit the result to the first primary election, the nomination going to the candidate receiving the highest popular vote. Such special primary election shall be conducted, as far as applicable, under the laws governing other primary elections.
SECTION 413. Section 23-15-871, Mississippi Code of 1972, is brought forward as follows:
23-15-871. It shall be unlawful for any corporation or any officer or employee thereof, or any member of a firm, or trustee or any member of any association, or any other employer, to direct or coerce, directly or indirectly, any employee to vote or not to vote for any particular person or group of persons in any election, or to discharge or to threaten to discharge any such employee, or to increase or decrease the salary or wages of an employee, or otherwise promote or demote him, because of his vote or failure to vote for any particular candidate or group of candidates; and likewise it shall be unlawful for any employer, or employee having the authority to employ or discharge other employees, to make any statement public or private, or to give out or circulate any report or statement, calculated to intimidate or coerce or otherwise influence any employee as to his vote, and when any such statement has obtained circulation, it shall be the duty of such employer to publicly repudiate it, in the absence of which repudiation the employer shall be deemed by way of ratification to have made it himself. Nor shall any employee be requested, directed or permitted to canvass for or against any candidate or render any other services for or against any candidate or group of candidates, during any of the hours within which the salary of said employee as an employee is being paid or agreed to be paid; nor shall any such employee be allowed any vacation or leave of absence at the expense of the employer to render any service or services for or against any candidate or group of candidates, or to take any active part in any election campaign whatsoever; nor shall any employee at the expense, in whole or in part, of any employer take any part whatever in any election campaign, except the necessary time to cast his vote. The prohibitions of this section shall apply to all state, state district, county and county district officers, and to any board or commission and the members thereof by whatever name designated and whether elective or appointive, and to each and every one of those employed by them or any of them. And no state, state district, county or county district officer, or any employee of any of them who directly or indirectly has the control, or in any way the power of control, or who asserts or pretends that he has such power, over the expenditure of any public funds in this state, whatever the purpose or object of said expenditure may be, shall state, suggest or intimate, publicly or privately, or in any manner or form, that any such expenditure shall in any wise depend upon or be influenced by the vote of any person, group of persons, or community or group of communities, whether for or against any candidate or group of candidates at any election. This section and every part of it shall apply also to all federal officers, agents, employees, boards and commissions by whatever name known and to each and every one of those employed by them or any of them, as to any interference by them or any of them, contrary to the provisions of this chapter, in the elections of this state.
SECTION 414. Section 23-15-877, Mississippi Code of 1972, is brought forward as follows:
23-15-877. If during any election campaign in Mississippi any newspaper either domiciled in the state, or outside of the state circulating inside the State of Mississippi, shall print any editorial or news story reflecting upon the honesty or integrity or moral character of any candidate in such campaign or on the honesty and integrity or moral character of any candidate who was elected or defeated in such campaign, such newspaper shall, on the written or telegraphic request of such candidate or his agents, print in such newspaper not later than the second issue of such newspaper following the receipt of such request, a statement by the candidate or his duly accredited representative giving the candidate's reply. Such statement shall be printed in the exact language which the candidate or his representative presents and shall be printed as near as is practical on the same page, in the same position, and in the same size type and headlines as the original editorial or news story reflecting on the candidate had been printed.
This section shall be construed to include those news stories wherein the newspaper quotes from a candidate or individual statements attacking the honesty or integrity or moral character of a candidate or ex-candidate.
If such newspaper fails or refuses to publish such answer when requested, the owner of such newspaper shall be liable to a suit for damages by the candidate claiming to be injured by such publication. In event of a verdict in favor of the plaintiff, the measure of damages shall be the injury suffered or a penalty of Five Hundred Dollars ($500.00), whichever is the larger amount. In all cases, the truth of the charge may be offered as defense to the suit. But nothing herein contained shall be construed to abolish any existing legal rights of action in such cases.
SECTION 415. Section 23-15-879, Mississippi Code of 1972, is brought forward as follows:
23-15-879. Section 23-15-897 shall not apply to editorials, original or copies, in any newspaper or other publication regularly published and issued to bona fide paid subscribers, and not published and issued solely or principally for political purposes, or to news matter prepared and written by the regularly employed staff of the paper, or to the printing in said paper of any letter together with the signature thereto, provided that any of the matter so printed and published is not prohibited by the provisions of Section 23-15-875 or 23-15-877, or by some other prohibition of law.
SECTION 416. Section 23-15-883, Mississippi Code of 1972, is brought forward as follows:
23-15-883. The restriction imposed upon the State Highway Commission and the boards of supervisors of the several counties in the employment of labor to work and maintain the state highways and the public roads of the several supervisors' districts of the county, as provided in Section 23-15-881, shall not apply to road contractors or bridge contractors engaged in the construction or maintenance of state highways or county roads under contracts awarded by the State Highway Commission, or the board of supervisors, as the case may be, where such contracts shall have been awarded to the lowest responsible bidder, after legal advertisement, as provided by law; nor shall the restriction imposed in Section 23-15-881 apply to the labor employed by such road contractors or bridge contractors in carrying out such contracts. Nor shall the provisions of this chapter apply to the employment by the State Highway Commission, or the board of supervisors, as the case may be, of extra labor employed to make repairs upon the state highways or highway bridges, or upon the county roads or bridges, in cases where such state highways or highway bridges, or such county roads or bridges, have been damaged or destroyed by severe storms, floods or other unforeseen disasters.
SECTION 417. Section 23-15-885, Mississippi Code of 1972, is brought forward as follows:
23-15-885. The restrictions imposed in Sections 23-15-881 and 23-15-883 shall likewise apply to the mayor and board of aldermen, or other governing authority, of each municipality, in the employment of labor for working and maintaining the streets of the municipality during the four-month period next preceding the date of holding the general primary election in such municipality for the election of municipal officers.
SECTION 418. Section 23-15-887, Mississippi Code of 1972, is brought forward as follows:
23-15-887. If any member of the State Highway Commission, and any member of the board of supervisors, or the mayor or any member of the board of aldermen or other governing authority of any municipality, shall violate the provisions of this article, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment.
SECTION 419. Section 23-15-889, Mississippi Code of 1972, is brought forward as follows:
23-15-889. It shall be unlawful for any person to sell or offer to sell his vote and it shall be likewise unlawful for any person to offer money or anything of substantial value to anyone for his vote. Anyone violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisoned not more than six (6) months, or both.
SECTION 420. Section 23-15-893, Mississippi Code of 1972, is brought forward as follows:
23-15-893. If any person shall be found intoxicated in or about any polling place during any election he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or sentenced to imprisonment not more than ten (10) days. It shall be the duty of every conservator of the peace to arrest any person guilty of this or any other offense against the election laws, and to make affidavit or have the same made and sent to the proper justice court judge; and if any candidate for office who is to be voted for at such election, shall violate the provisions of this section, he shall, in addition to the above penalty, be disqualified from holding the office for which he is a candidate.
SECTION 421. Section 23-15-897, Mississippi Code of 1972, is brought forward as follows:
23-15-897. No person shall write, print, post or distribute or cause to be distributed, a notice, placard, bill, poster, dodger, pamphlet, advertisement or any other form of publication (except notices, posters, and the like, which simply announce speaking date and invite attendance thereon) which is designed to influence voters for or against any candidate at any election, unless and until the same shall have been submitted to, and approved and subscribed by the candidate or by his campaign manager or assistant manager, which subscription shall in all cases be printed as so subscribed, and not otherwise. As, for instance, it shall be unlawful to write, print, post, distribute or cause to be written, printed, posted or distributed any such matter when the authority therefor is designated simply as "paid political advertisement," or "contributed by a friend," or "contributed by the friends and supporters," and the like. Nor shall any radio or television station allow any time or place on any of its programs for any address for or against any candidate at any election, except in accordance with the provisions of the federal statutes and the rules and regulations of the Federal Communications Commission as applied to the use of radio and television facilities by a candidate or candidates for office. But the aforesaid written or printed matter and the time for radio and television addresses shall be paid for at the usual and ordinary rates, and only by a person authorized to make expenditures in behalf of the candidate, as is provided in this chapter in regard to other expenditures.
For a violation or violations of this section, the offender may be proceeded against as provided in Section 23-15-875.
SECTION 422. Section 23-15-899, Mississippi Code of 1972, is brought forward as follows:
23-15-899. Every placard, bill, poster, pamphlet or other printed matter having reference to any election, or to any candidate, that has not been submitted to, and approved and subscribed by a candidate or his campaign manager or assistant manager pursuant to the provisions of Section 23-15-897, shall bear upon the face thereof the name and the address of the author and of the printer and publisher thereof, and failure to so provide shall be a misdemeanor, and it shall be a misdemeanor for any person to mutilate, or remove, previously to the date of the primary, any placard, poster or picture which has been lawfully placed or posted.
SECTION 423. Section 23-15-653, Mississippi Code of 1972, is brought forward as follows:
23-15-653. All registrars' offices shall remain open until noon on the two (2) Saturdays prior to each election.
SECTION 424. Section 23-15-717, Mississippi Code of 1972, is brought forward as follows:
23-15-717. Any elector enumerated in Section 23-15-713 applying for an absentee ballot shall complete an application form as provided in Section 23-15-627, and said elector shall fill in the application as is appropriate for his particular situation.
SECTION 425. Section 23-15-111, Mississippi Code of 1972, is brought forward as follows:
23-15-111. Registration books now required by law to be kept may be retained in use, provided that the registrar shall make such changes in the form thereof, by some suitable method, as shall reflect the changes in the form thereof required by this subarticle and other applicable legislation.
SECTION 426. Section 23-15-119, Mississippi Code of 1972, is brought forward as follows:
23-15-119. When the registration books shall be filled, the board of supervisors of the county shall procure others, to be kept and used as herein directed, or they may cause the books in use at any time to be enlarged so as to contain the names of all persons who may be registered; and the board of supervisors shall cause new pollbooks to be made from time to time as may be necessary or proper; and in case of the destruction or mutilation of the registration books or pollbooks, so as to make it proper to have the names of the electors on the old books transcribed into new ones, the board shall cause it to be done, and the new books so made shall have the same effect as the old ones.
SECTION 427. Section 23-15-127, Mississippi Code of 1972, is brought forward as follows:
23-15-127. (1) It shall be the duty of registrar of the county or municipality to prepare and furnish to the appropriate election commissioner pollbooks for each voting precinct in which the election is to be conducted, in which shall be entered the name, residence, date of birth and date of registration of each person duly registered in such voting precinct as now provided by law, and which pollbooks shall be known as "primary election pollbooks" and shall be used only in holding primary elections.
(2) The election commissioners of the county or municipality shall revise the primary pollbooks at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks now provided for under the law, except they shall not remove from the pollbook any person who is qualified to participate in primary elections; however, upon the written request of the municipal election commission, the county commissioners of election shall revise the primary pollbooks of the municipality as provided in this subsection.
(3) All laws applicable to the revision of pollbooks now in use shall be applicable to the revision of pollbooks for primary elections, and all rights of voters to be heard and to appeal to the executive committee of his party from the action of the election commissioners now provided by law shall be available to the voter in the revisions of the pollbooks for primary elections provided for in this section.
SECTION 428. Section 23-15-129, Mississippi Code of 1972, is brought forward as follows:
23-15-129. The commissioners of election and the registrars of the respective counties are hereby directed to make an administrative division of the pollbook for each county immediately following any reapportionment of the Mississippi Legislature or any realignment of supervisors districts, if necessary. Such an administrative division shall form subprecincts whenever necessary within each voting precinct so that all persons within a subprecinct shall vote on the same candidates for each public office. The polling place for all subprecincts within any given voting precinct shall be the same as the polling place for the voting precinct. Additional managers may be appointed for subprecincts in the discretion of the commissioners of election or, in the case of primary elections, in the discretion of the proper executive committee.
SECTION 429. Section 23-15-133, Mississippi Code of 1972, is brought forward as follows:
23-15-133. The procedure to be used by the commissioners of election and the registrars to form subprecincts and to make subprecinct pollbooks shall be as follows, and in the following order:
(a) Identify those subprecinct areas in each voting precinct, if any, where all persons within such subprecincts shall vote on the same candidates for each public office;
(b) The portion of each voting precinct with the largest population shall retain the original voting precinct designation and those portions of each voting precinct with smaller populations shall be called subprecincts and identified by the original voting precinct designation with the suffixes "a", "b", "c", et cetera, for as many subprecincts as are formed for any given precinct;
(c) The qualified electors residing in each subprecinct shall be identified; and
(d) The names of the qualified electors so identified whose names appear on the original voting precinct pollbook shall be transferred to and placed upon the appropriate subprecinct pollbook, and a notation of such transfer shall be made opposite such names in the original voting precinct pollbook. Such electors so identified shall be notified by regular mail that they reside in a newly formed subprecinct; however, failure to give such notice shall not invalidate an otherwise valid election.
SECTION 430. Section 23-15-137, Mississippi Code of 1972, is brought forward as follows:
23-15-137. (1) If the governing authorities of a municipality determine that revision of the registration books and pollbooks can be performed more effectively and efficiently utilizing the authority granted in this section, then such governing authorities may contract with the commissioners of election of the county or counties in which the municipality is located to provide the municipal registrar of such municipality with registration books and pollbooks containing only the duly qualified electors of such municipality. The registration books and pollbooks provided pursuant to this section may be used to conduct any municipal election in such municipality. By adopting the registration books and pollbooks so provided, the municipal commissioners of election shall be deemed to have met any requirements to revise such books which are imposed upon such commissioners by Mississippi law.
(2) In addition to any meeting otherwise authorized by law, the county commissioners of election may meet to prepare the registration and pollbooks of each municipality pursuant to a contract authorized pursuant to subsection (1) of this section. Each municipality shall compensate the county commissioners of election for the actual cost of preparing such registration books and pollbooks for the municipality and shall pay each county commissioner of election the per diem provided for in Section 23-15-153(2) for each day or period of not less than five (5) hours accumulated over two (2) or more days such commissioners are actually employed in preparing such registration books and pollbooks for such municipality, not to exceed five (5) days. The county commissioners of election shall not receive any compensation for the preparation of registration books and pollbooks pursuant to subsection (1) other than that provided for in this subsection.
SECTION 431. Section 23-15-160, Mississippi Code of 1972, is brought forward as follows:
23-15-160. The names of all electors whose registration has been cancelled pursuant to the provisions of Section 23-15-159 prior to August 11, 2000, shall be returned to the registration books and pollbooks and shall be treated in the same manner as electors who have changed their place of residence.
SECTION 432. Section 23-15-167, Mississippi Code of 1972, is brought forward as follows:
23-15-167. No state funds shall be used for the purchase of computer hardware or software needed to carry out the provisions of this subarticle unless state funds are made available through legislative appropriation. County funds shall not be required to be expended because of this subarticle.
SECTION 433. Section 23-15-169.6, Mississippi Code of 1972, is brought forward as follows:
23-15-169.6. (1) There is created a task force to study voting systems that comply with the Help America Vote Act of 2002 and their suitability for use in elections in Mississippi. The task force shall make a report of its findings and recommendations to the Legislature before or by September 15, 2005, including any recommended legislation.
(2) The task force shall be composed of the following members:
(a) The Secretary of State, or his designee;
(b) The Chairman of the Elections Committee of the Senate;
(c) The Chairman of the Apportionment and Elections Committee of the House of Representatives;
(d) A circuit clerk appointed by the President of the Mississippi Association of Circuit Clerks;
(e) A member of the general public who is not an elected official or state employee, appointed by the Governor;
(f) A member of the general public who is not an elected official or state employee, appointed by the Lieutenant Governor; and
(g) A member of the general public who is not an elected official or state employee, appointed by the Speaker of the House of Representatives.
(3) Appointments shall be made within thirty (30) days after July 12, 2004, and, within fifteen (15) days thereafter on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the task force. A majority of the members of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members shall be notified in writing of all meetings, such notices to be mailed at least fifteen (15) days before the date on which a meeting is to be held.
(4) The task force shall study voting systems that comply with the Help America Vote Act of 2002 and make recommendations regarding the types of voting systems that are suitable for use in Mississippi.
(5) Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, no per diem or expense for attending meetings of the task force will be paid to legislative members of the task force while the Legislature is in session. No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action shall be recorded in the official minutes of the meeting. Nonlegislative members shall be paid from any funds made available to the task force for that purpose.
(6) The task force shall use clerical and legal staff already employed by the Legislature and any other staff assistance made available to it. To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairman of the task force, provide to the task force such facilities, assistance and data as will enable the task force to properly carry out its task.
SECTION 434. Section 23-15-212, Mississippi Code of 1972, is brought forward as follows:
23-15-212. The Secretary of State, the Attorney General, two (2) circuit clerks appointed by the Mississippi Circuit Clerks' Association, two (2) election commissioners appointed by the Election Commissioners' Association of Mississippi, one (1) representative appointed by the State Democratic Executive Committee, one (1) representative appointed by the State Republican Executive Committee and the Mississippi Judicial College shall conduct a study to determine how registrars, commissioners of election, executive committee members and poll workers can be better trained in the conduct of elections. A report of the findings of the Attorney General, the Secretary of State and the Mississippi Judicial College, along with any recommendations for legislation, shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives no later than December 15, 1993.
SECTION 435. Section 21-3-1, Mississippi Code of 1972, is brought forward as follows:
21-3-1. Any municipality not now operating under a "Code Charter" may acquire such charter and come under the provisions of this chapter by a majority vote of the electors therein, cast at a general or special election held for such purpose. At such election, the propositions to be voted on shall be "FOR THE CODE CHARTER" and "AGAINST THE CODE CHARTER." If a majority of the legal votes cast are in favor of adopting the code charter, then the municipality shall be subject to and governed by all the following provisions of this chapter, and the result of the election shall be certified to the secretary of state, who shall make a record of same in his office. If a majority of the votes cast shall be against the code charter, the municipal authorities shall so enter of record, and another election submitting the question shall not be held within four years thereafter. After the rejection of the provisions of the code charter by a municipality, and until its acceptance thereof as herein provided, the corporate powers, rights and franchises thereof shall be and remain as now provided by law.
SECTION 436. Section 21-3-3, Mississippi Code of 1972, is brought forward as follows:
21-3-3. The elective officers of all municipalities operating under a code charter shall be the mayor, the aldermen, municipal judge, the marshal or chief of police, the tax collector, the tax assessor, and the city or town clerk. However, the governing authorities of the municipality shall have the power, by ordinance, to combine the office of clerk or marshal with the office of tax collector and/or tax assessor. Such governing authorities shall have the further power to provide that all or any of such officers, except those of mayor and aldermen, shall be appointive, in which case the marshal or chief of police, the tax collector, the tax assessor, and the city or town clerk, or such of such officers as may be made appointive, shall be appointed by the said governing authorities. Any action taken by the governing authorities to make any of such offices appointive shall be by ordinance of such municipality, and no such ordinance shall be adopted within ninety (90) days prior to any regular general election for the election of municipal officers. No such ordinance shall become effective during the term of office of any officer whose office shall be affected thereby. If any such office is made appointive, the person appointed thereto shall hold office at the pleasure of the governing authorities and may be discharged by such governing authorities at any time, either with or without cause, and it shall be discretionary with the governing authorities whether or not to require such person appointed thereto to reside within the corporate limits of the municipality in order to hold such office.
SECTION 437. Section 21-5-21, Mississippi Code of 1972, is brought forward as follows:
21-5-21. Any officer or employee other than the mayor and councilmen (or commissioners) of any such city who shall solicit or attempt to influence any person to vote for any particular candidate at any election held in such city, or who shall in any manner contribute any money, labor or other valuable thing to any person or organization for election purposes, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Hundred Dollars ($100.00), or by imprisonment in the county jail not exceeding thirty (30) days, or by both such fine and imprisonment.
SECTION 438. Section 21-8-31, Mississippi Code of 1972, is brought forward as follows:
21-8-31. Any municipal officer or employee, other than the mayor and councilmen of any such municipality, who shall, during hours of employment solicit or attempt to influence any person to vote for any particular candidate at any election held in such municipality shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) or by imprisonment in the municipal jail not exceeding thirty (30) days, or both such fine and imprisonment.
SECTION 439. Section 21-9-17, Mississippi Code of 1972, is brought forward as follows:
21-9-17. Except as otherwise provided, all candidates for mayor and councilmen, or any of them, to be voted for at any general or special municipal election, shall be nominated by party primary election, and no other name or names shall be placed on the official ballot at such general or special election than those selected in the manner prescribed herein. Such primary election or elections, shall be held not less than ten, nor more than thirty days, preceding the general or special election, and such primary election or elections shall be held and conducted in the manner as near as may be as is provided by law for state and county primary elections.
SECTION 440. Section 21-9-19, Mississippi Code of 1972, is brought forward as follows:
21-9-19. At all elections held to choose a mayor and councilmen, or any of them, the choice of the person or persons voting shall be indicated and the ballots shall be marked in like manner as is provided by law for general state and county elections. In all cases in which two or more persons are to be elected to the same office, the failure on the part of any elector to indicate his choice for as many candidates as there are officers to be elected to such office, shall render his ballot void as to any candidate voted for by him for such office.
The managers of election at all special and general elections for mayor and councilmen, or any of them, shall immediately, upon the closing of the polls, count the ballots and ascertain the number of votes cast in each voting precinct for each of the candidates and make return thereof to the municipal election commissioners. On the day following any special or general election, the said election commissioners shall canvass said returns so received from all the voting precincts, and shall within five days after such special or general election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear by the returns that any two candidates for mayor or councilmen, have received an equal number of votes, the election shall be decided by lot, fairly and publicly drawn by the election commissioners, with the aid of a friend of each such candidates, and a certificate of election shall be given accordingly.
The election commissioners shall, within five days after any special or general election, certify to the secretary of state the name or names of the person or persons elected at such special or general election, and the secretary of state shall, immediately upon receiving such certificates, deliver the same to the governor, who shall immediately issue commissions to the persons mentioned in certificate.
SECTION 441. Section 21-9-65, Mississippi Code of 1972, is brought forward as follows:
21-9-65. Except as otherwise provided for, no special election shall be held, and no ordinance, in which any petition or protest is required, shall be referred to, or voted on, at any election unless, within the time allowed by the terms hereof, a sufficient petition or petitions, addressed to the mayor, demanding such election or protesting against or requesting the adoption of such ordinances, shall be personally signed by at least twenty-five per centum of all the qualified electors of such city and filed with the city clerk. Immediately upon the filing of any such petition or petitions with the city clerk, he shall endorse thereon the date of such filing and shall within ten days thereafter, verify the signatures thereto by the registration and poll books, and deliver such petition or petitions to the mayor of such city, together with the certificate of such clerk showing the total number of qualified electors of such city and also the total number of qualified electors who shall have signed such petition or petitions, which certificate shall be prima facie correct but not conclusive. If it shall appear from said petition or petitions and the certificate of such clerk that the same are in proper form and have been signed by the required number of the qualified electors of such city, it shall be the duty of the council at its next regular meeting to order such special election, or refer such ordinance to a vote of the electors of such city, in case of their failure to wholly repeal the same. Each and every petition shall, at the time the same is filed with the city clerk, have attached thereto the affidavit of one or more of the signers thereto, stating the total number of names signed to such petition at the time of filing the same, and no such petition shall be received or filed by the city clerk unless such affidavit is attached thereto.
SECTION 442. Section 21-9-67, Mississippi Code of 1972, is brought forward as follows:
21-9-67. Whenever any ordinance or resolution adopted by the council, or any other matter, is required to be referred to a vote of the qualified electors of any city, the council shall order a special election for the determination of the matter, to be held no less than thirty days nor more than sixty days from the making of such order, provided that there shall not be a general election to be held in such city within sixty days from the date of the order referring such matter to the judgment of the electors. In case there is to be such a general election, the matter shall be referred to and voted upon at such general election. All such special elections shall be held and conducted as other elections in such city.
SECTION 443. Section 21-9-71, Mississippi Code of 1972, is brought forward as follows:
21-9-71. Any officer or employee other than the mayor and councilmen of any such city, who shall solicit or attempt to influence any person to vote for any particular candidate at any election held in such city, or who shall in any manner contribute any money, labor or other valuable thing to any person or organization for election purposes, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding One Hundred Dollars ($100.00), or by imprisonment in the county jail not exceeding thirty (30) days, or by both such fine and imprisonment.
SECTION 444. Section 37-5-9, Mississippi Code of 1972, is brought forward as follows:
37-5-9. The name of any qualified elector who is a candidate for the county board of education shall be placed on the ballot used in the general elections by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. Where there are less than one hundred (100) qualified electors in said supervisors district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such supervisors district. The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.
When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the highest number of votes cast in the election shall be declared elected.
In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.
SECTION 445. Section 37-5-19, Mississippi Code of 1972, is brought forward as follows:
37-5-19. Vacancies in the membership of the county board of education shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the county board of education. Said appointee shall be selected from the qualified electors of the district in which the vacancy occurs, and shall serve until the first Monday of January next succeeding the next general election, at which general election a member shall be elected to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for the full term. In the event the school district is under conservatorship and no members of the county board of education remain in office, the Governor shall call a special election to fill the vacancies and said election will be conducted by the county election commission.
In the event the vacancy occurs more than five (5) months prior to the next general election and the remaining members of the county board of education are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify such disagreement to the county election commission. Upon the receipt of such a certificate by the county election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which said election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or county district offices. The person elected at such a special election shall serve for the remainder of the unexpired term.
SECTION 446. Section 37-5-63, Mississippi Code of 1972, is brought forward as follows:
37-5-63. Notwithstanding the provisions of Section 37-5-61, the office of county superintendent of education may be made appointive in any county in the manner herein provided. Upon the filing of a petition signed by not less than twenty percent (20%) of the qualified electors of such county, it shall be the duty of the board of supervisors of such county, within sixty (60) days after the filing of such petition, to call a special election at which there shall be submitted to the qualified electors of such county the question of whether the office of county superintendent of education of said county shall continue to be elective or shall be filled by appointment by the county board of education of said county. However, where a Class 3 county having an area in excess of eight hundred twenty-five (825) square miles has a county unit school system comprising less than an entire county, the petition shall only be signed by electors residing within the county unit school district and only electors of said district shall vote on the proposition of appointing the county superintendent of education.
The order calling such special election shall designate the date upon which same shall be held and a notice of such election, signed by the clerk of the board of supervisors, shall be published once a week for at least three (3) consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county then such notice shall be given by publication of same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county, one of which shall be at the door of the county courthouse in each judicial district.
Said election shall be held, as far as is practicable, in the same manner as other elections are held in such county and all qualified electors of the county may vote therein. If a majority of such qualified electors who vote in such election shall vote in favor of the appointment of the county superintendent of education by the county board of education then, at the expiration of the term of the county superintendent of education then in office, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the county board of education for a term of not more than four (4) years; otherwise, said office shall remain elective.
No special election shall be held in any county under the provisions of this section more often than once in every four (4) years, and no change from the elective to the appointive method of the selection of the county superintendent of education shall become effective except at the expiration of the term of the county superintendent of education in office at the time such election is held.
SECTION 447. Section 37-5-68, Mississippi Code of 1972, is brought forward as follows:
37-5-68. Effective with the term of office beginning on January 1, 2012, the county superintendent of education shall be appointed by the county board of education in any county wherein is located the state's oldest state-supported university, having a population in excess of thirty-eight thousand (38,000) according to the 2000 federal decennial census and in which Mississippi Highways 6 and 7 intersect. Provided, however, if at any time prior to January 1, 2010, or ninety (90) days following August 10, 2009, whichever is earlier, a petition signed by not less than twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the registered, qualified electors of such county, exclusive of the municipal separate school district boundaries, is filed with the county board of education requesting that a referendum be called on the question of changing from the elective method of selecting the county superintendent of education to the appointive method, then the county board of education shall adopt, not later than the next regular meeting, a resolution calling a referendum to be called and held within the county school district boundaries upon the question. The referendum shall be scheduled for not more than six (6) weeks after the date such petition is filed with the board. When a referendum has been called, notice of the referendum shall be published at least five (5) days per week, unless the only newspaper published in the county school district is published less than five (5) days per week, for at least three (3) consecutive weeks, in at least one (1) newspaper published in the county school district. The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the referendum, and the last publication shall be made not more than seven (7) days before that date. If no newspaper is published in the county school district, then the notice shall be published in a newspaper having a general circulation in the county school district. The referendum shall be held, as far as is practicable, in the same manner as other referendums and elections are held in the county. At the referendum, all registered, qualified electors of the county school district, exclusive of the municipal separate school district boundaries, may vote. The ballots used at the referendum shall have printed thereon a brief statement of the purpose of the referendum and the words "FOR CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION," and "AGAINST CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION." The voter shall vote by placing a cross (X) or checkmark (√) opposite his choice on the proposition. If a majority of the registered, qualified electors of the county school district who vote in the referendum vote in favor of the question, then the change in selection method shall be approved. However, if a majority of the registered, qualified electors who vote in the referendum vote against the question, the change in selection method shall not be approved.
SECTION 448. Section 37-5-7, Mississippi Code of 1972, is brought forward as follows:
37-5-7. (1) On the first Tuesday after the first Monday in May, 1954, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter. At such election, the members of the said board from Supervisors Districts One and Two shall be elected for the term expiring on the first Monday of January, 1957; members of the board from Supervisors Districts Three and Four shall be elected for a term expiring on the first Monday of January, 1959; and the member of the board from Supervisors District Five shall be elected for a term expiring on the first Monday of January, 1955. Except as otherwise provided in subsection (2), all subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. All members of the county board of education as herein constituted, shall take office on the first Monday of January following the date of their election.
(2) On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At said election the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each. All members of the county board of education shall take office on the first Monday of January following the date of their election.
SECTION 449. Section 37-7-217, Mississippi Code of 1972, is brought forward as follows:
37-7-217. (1) The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms.
(2) The qualified electors of each school district operating under Section 37-7-215 shall vote on the date specified in that section and at the special trustee election districts.
(3) A person elected shall assume the duties of his office for the full term on the first day of January if the election is for the full term. A person elected to an unexpired term shall assume office immediately.
(4) The county election commissioners shall forthwith certify the results of the election to the superintendent of the municipal separate or special municipal separate school district, as the case may be, which certificate shall be delivered to such superintendent within five (5) days following the first election.
(5) If a person does not receive a majority of the votes cast at the election, a runoff shall be held between the two (2) persons receiving the highest number of votes at the first election.
SECTION 450. Section 37-7-219, Mississippi Code of 1972, is brought forward as follows:
37-7-219. (1) For the purpose of holding such an election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district who are eligible to participate in the election. The list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.
(2) In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in the precinct and who are eligible to participate in the election. The election commissioners shall furnish to the election managers in the precinct separate ballots and separate ballot boxes and separate voting lists for each school district.
(3) For each day spent in carrying out the provisions of Sections 37-7-211 through 37-7-219, the county election commissioners shall be paid at the rate prescribed by law.
SECTION 451. Section 37-7-225, Mississippi Code of 1972, is brought forward as follows:
37-7-225. The county election commissioners shall place the name of any person eligible to hold the office of trustee on the ballot used in the election, provided that such candidate shall have filed with the county registrar, not more than ninety (90) days and by 5:00 p.m. not less than sixty (60) days prior to the date of such election, a petition of nomination signed by not less than fifty (50) qualified electors of the school district. Where there are less than one hundred (100) qualified electors in said district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such school district. If such person be a candidate for an unexpired term, he shall indicate the term for which he is a candidate in such petition; otherwise he shall be deemed to be a candidate for a full term.
If after the time for candidates to file the petition of nomination provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.
SECTION 452. Section 37-7-711, Mississippi Code of 1972, is brought forward as follows:
37-7-711. In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the name of any qualified elector who is a candidate for the board of trustees of such special municipal separate school district, whether such person be a candidate for an unexpired term or for a full term, shall be placed on the ballot used in the elections, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. Provided, however, that in any such special municipal separate school district which embraces the entire county and which borders the Mississippi River and in which Interstate Highway 20 and United States Highway 61 intersect and having a population in excess of forty-seven thousand (47,000) according to the 1990 federal decennial census, the candidate shall be required to file a petition of nomination with the county election commissioners not less than sixty (60) days prior to the date of such general election, in addition to the other requirements prescribed herein.
The candidate in each election who receives the highest number of votes cast in the election shall be declared to have been elected.
SECTION 453. Section 37-7-713, Mississippi Code of 1972, is brought forward as follows:
37-7-713. In all special municipal separate school districts where the district embraces less than the entire area of the county and where the majority of the educable children of such district reside outside the limits of the municipality, unless the governing authorities of the municipality and the county provide for one (1) of the alternative methods of organization as set out in Sections 37-7-715 and 37-7-717, the said special municipal separate school district shall be governed by a board of trustees consisting of five (5) members, to be elected by the qualified electors of such municipal separate school district from the district at large in the manner provided by Sections 37-7-209 through 37-7-219, and all duties imposed upon the county superintendent of education by said sections with reference to such elections shall be imposed upon and performed by the superintendent of the municipal separate school district. However, the first board of trustees of such special municipal separate school district shall be appointed in the following manner. The governing authorities of the municipality shall appoint three (3) trustees, and such appointments shall be made so that one (1) trustee shall be appointed to serve until the first Saturday of March following such appointment, one (1) for two (2) years longer, and one (1) for four (4) years longer. The board of education of the county shall appoint two (2) trustees, such appointments to be made so that one (1) trustee shall be appointed to serve until the first Saturday of March of the second year following such appointment, and one (1) trustee for two (2) years longer. After such original appointments the trustees of such a special municipal separate school district shall be elected for a term of five (5) years, as herein provided. All such members of said board of trustees shall be residents and qualified electors of such school district. All vacancies which may occur during a term of office shall be filled by appointment by the remaining members of the board of trustees, such appointee to have the same qualifications as other members of the board. Such appointment shall be made within thirty (30) days after the vacancy occurs. The person so appointed shall serve only until his successor shall have qualified. The successor to serve the remainder of the unexpired term shall be elected on the first Saturday of March next following the occurrence of such vacancy in the same manner as provided for by Sections 37-7-209 through 37-7-219.
SECTION 454. Section 37-65-123, Mississippi Code of 1972, is brought forward as follows:
37-65-123. The words "qualified elector" or "qualified electors" for the purposes of this article, shall in addition to the provisions of the first paragraph of Section 37-65-119, mean:
A person, who on the day he signs any petition provided for in said section, is properly registered and qualified to vote in a county wide election of the county if such were then held, according to the books and records in the office of the circuit clerk and registrar of the county, in which all or any part of the school district is located, and who is a resident of the school district in which one or more schools have been closed, and who (a) is qualified to vote in an election of a trustee of that school district, if any be elective and (b) if the school district be a municipal separate school district or a special municipal separate school district and such person lives within the corporate limits of the municipality then such person must be qualified to vote in a city wide election if such were held on the day he signs any petition herein provided for.
SECTION 455. Section 65-1-3, Mississippi Code of 1972, is brought forward as follows:
65-1-3. There shall be a State Highway Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for such office.
On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, state highway commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of state highway commissioners. The state highway commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified.
If any one or more of the state highway commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided such unexpired term shall not exceed twelve (12) months. If such unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of such vacancy, by proclamation duly made, call an election in the Supreme Court district in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a state highway commissioner shall be elected to fill such vacancy for the remaining portion of such unexpired term. Such special election shall be held in the manner provided for holding general elections in this state, as far as practicable.
Each of said state highway commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all such funds, monies and property will be expended and used by him only for purposes authorized by law, said bond to be approved by the Governor or Attorney General and to be filed in the Office of the Secretary of State. The premium on such bonds shall be paid out of the funds of the Mississippi Department of Transportation.
From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi transportation commissioners.
SECTION 456. Section 77-5-113, Mississippi Code of 1972, is brought forward as follows:
77-5-113. The ballots for said election shall be in such form, shall contain such instructions and shall be of such size and color as are required by Chapter 5 of Title 23, Mississippi Code of 1972, except that there shall appear thereon the following: "Shall the "(giving the name thereof) power district' be created and established?
( ) Yes ( ) No"
Such election and all matters pertaining thereto not otherwise provided for herein shall be held and conducted and the results thereof ascertained, determined and declared in accordance with Chapter 5 of Title 23, Mississippi Code of 1972. No person shall be entitled to vote in such election unless he or she be a qualified elector of an election unit in which such election is held. Such election may be held on the same day as any other state, county, or city election and may be consolidated therewith.
SECTION 457. Section 77-5-115, Mississippi Code of 1972, is brought forward as follows:
77-5-115. Each county board of election commissioners, if more than one (1), shall canvass the returns as required by Section 23-5-169, and shall ascertain and declare the result of such election in each election unit separately and shall further ascertain and determine the total number of qualified electors in each such election unit separately as of the date of such election. Each county board of election commissioners, if more than one (1), shall, within ten (10) days from the date of such election, file with the clerk of the board of supervisors of their county a statement of the result of said election in each such election district separately and of the number of qualified electors in each such election unit as of the date of the election. In the event the proposed power district includes territory located in two or more counties such statement shall also, within the same period of time, be filed with the clerk of the board of supervisors of the county in which the largest portion of the territory of the proposed power district is located. The board of supervisors of the county in which such proposed power district is located, or in the event such proposed power district includes territory located in two (2) or more counties, the board of supervisors of the county in which the largest portion of such territory is located, shall promptly canvass all such statements and shall order and declare the district created and composed of the election units in which a majority of those voting on the proposition voted in favor of the creation of the district. The election unit or units so approving the organization of said district shall contain not less than two-thirds (2/3) of the number of qualified voters within the district as first proposed.
SECTION 458. Section 37-7-227, Mississippi Code of 1972, is brought forward as follows:
37-7-227. (1) The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms. The candidate who receives a majority of the votes cast, either for a full term or for an unexpired term or terms, as indicated on the ballot, shall be declared elected, and the person or persons elected to a full term shall assume the duties of his office on the first day of January of the year following such election. The person or persons elected to an unexpired term(s) shall assume office immediately. If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner three (3) weeks after the election between the two (2) candidates receiving the highest number of votes upon the first ballot.
(2) Notwithstanding any other provision of law, if an election for school board trustees occurs on a Tuesday, during a general election, any runoff for such election shall occur three (3) weeks after the election.
SECTION 459. Section 37-7-229, Mississippi Code of 1972, is brought forward as follows:
37-7-229. For the purpose of holding such election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district in which such election is to be held who are eligible to participate in such election. Such list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.
In the event that any election precinct embraces parts of two or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in said precinct and who are eligible to participate in such election. Said election commissioners shall furnish to the election managers in said precinct separate ballots and separate ballot boxes and separate voting lists for each school district.
For each day spent in carrying out the provisions of Sections 37-7-225 through 37-7-229 the county election commissioners shall be paid at the rate prescribed by law.
SECTION 460. Section 21-1-51, Mississippi Code of 1972, is brought forward as follows:
21-1-51. Whenever the municipal authorities of any municipality shall fail to hold official meetings for a period of twelve consecutive months, or whenever municipal general elections of officers shall not be held in any municipal corporation as required by law upon two consecutive occasions, then such municipal corporation shall be automatically abolished, and its rights and powers as a municipal corporation shall cease and determine. The official minute book of the municipality shall be the sole evidence of whether any official meetings were held in such municipal corporation during any twelve month period, except in cases of fraud or falsification, and abolition of the municipality shall result automatically where the official minute book fails to show a record of any official meetings during such twelve month period. In cases of the failure to hold municipal general elections of officers on two consecutive occasions, the records in the office of the secretary of state as to whether or not returns of such elections were made to him as required by law shall be the sole evidence of whether such elections were held, except in cases of fraud, falsification, loss of such records or clear and patent mistake, oversight, or omission.
SECTION 461. Section 21-17-11, Mississippi Code of 1972, is brought forward as follows:
21-17-11. It shall be lawful for any number, not less than twenty percent (20%) of the qualified electors of any municipality, by petition, to propose an amendment or amendments to the charter of such municipality not in conflict with the Constitution and laws of the United States, or the Constitution of this state. The said amendment or amendments shall be published for three (3) weeks prior to a special election in a newspaper published in the municipality, if there be one, and if not, by posting for said time in at least three (3) public places therein. The publication of the amendment or amendments may be made as provided in Section 21-17-19. If such election results in favor of any such amendment or amendments, then the amendment or amendments shall be submitted to the Governor, as is provided in Section 21-17-9, and the procedure therein outlined shall be followed, except that it shall not be necessary to republish such amendment or amendments, or resubmit such amendment or amendments for approval of the qualified electors.
SECTION 462. Section 21-17-5, Mississippi Code of 1972, is brought forward as follows:
21-17-5. (1) The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances. In addition to those powers granted by specific provisions of general law, the governing authorities of municipalities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, and shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section, the powers granted to governing authorities of municipalities in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi. Unless otherwise provided by law, before entering upon the duties of their respective offices, the aldermen or councilmen of every municipality of this state shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the municipal taxes shown by the assessment rolls and the levies to have been collectible in the municipality for the year immediately preceding the commencement of the term of office of said alderman or councilman; however, such bond shall not exceed One Hundred Thousand Dollars ($100,000.00). For all municipalities with a population more than two thousand (2,000) according to the latest federal decennial census, the amount of the bond shall not be less than Fifty Thousand Dollars ($50,000.00). Any taxpayer of the municipality may sue on such bond for the use of the municipality, and such taxpayer shall be liable for all costs in case his suit shall fail. No member of the city council or board of aldermen shall be surety for any other such member.
(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to (a) levy taxes of any kind or increase the levy of any authorized tax, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for municipal elections or establish any new elective office, (d) change the procedure for annexation of additional territory into the municipal boundaries, (e) change the structure or form of the municipal government, (f) permit the sale, manufacture, distribution, possession or transportation of alcoholic beverages, (g) grant any donation, or (h) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest.
(3) Nothing in this or any other section shall be construed so as to prevent any municipal governing authority from paying any municipal employee not to exceed double his ordinary rate of pay or awarding any municipal employee not to exceed double his ordinary rate of compensatory time for work performed in his capacity as a municipal employee on legal holidays. The governing authority of any municipality shall enact leave policies to ensure that a public safety employee is paid or granted compensatory time for the same number of holidays for which any other municipal employee is paid.
(4) The governing authority of any municipality, in its discretion, may expend funds to provide for training and education of newly elected or appointed municipal officials before the beginning of the term of office or employment of such officials. Any expenses incurred for such purposes may be allowed only upon prior approval of the governing authority. Any payments or reimbursements made under the provisions of this subsection may be paid only after presentation to and approval by the governing authority of the municipality.
SECTION 463. Section 21-1-43, Mississippi Code of 1972, is brought forward as follows:
21-1-43. Any two (2) or more cities or towns being adjacent or situated sufficiently near to each other may combine into and become one (1) municipality in the same manner as is provided for the enlargement or contraction of municipal boundaries. It shall be necessary for the governing authorities of each municipality to adopt the ordinance with regard thereto in the same manner as is provided in Section 21-1-27 with regard to the enlargement or contraction of municipal boundaries. It shall also be necessary that such municipal authorities shall file a joint petition in the proper chancery court, and thereafter proceedings shall be had in the same manner as is provided in cases of enlargement or contraction of municipal boundaries. The ordinance and the petition filed with the chancery court shall state the name that shall be given to the municipality to be formed. In the event of the consolidation of two (2) or more municipalities into one (1) as herein provided, the decree of the chancellor shall correctly classify the municipality so formed in accordance with the facts, based upon the total population of all of such municipalities as shown by the latest available federal census. When said consolidation shall have become final and operative, all of such municipalities shall be merged into one (1) under the name set forth in the ordinances adopted by the governing authorities of the municipalities so consolidated. The governing authorities of all the municipalities so consolidated shall become members of the governing authority of the municipality so formed until the next regular election, when the proper number of members of the governing authority shall be elected as provided by law, and the mayor or chief executive officer of the largest municipality, according to population, shall become the mayor or chief executive officer of the municipality so formed. The assessments and levies for ad valorem taxation in force at the time of the consolidation of such municipalities for the territory of each municipality shall be the assessment and levy upon which taxes shall be collected for the then current fiscal year, but in all other respects the existing laws and ordinances of the largest municipality, according to population, shall be operative throughout the enlarged limits.
Nothing in this section shall authorize the combination of two (2) or more villages unless such villages shall have a combined population of five hundred (500) or more, according to the latest available federal census.
SECTION 464. Section 21-5-1, Mississippi Code of 1972, is brought forward as follows:
21-5-1. Any city may at any time, upon an election held as hereinafter provided, change the form of government of such city and adopt a commission form of government. It shall be the duty of the governing authorities of any such city to call a special election on the question of the adoption of the commission form of government upon receipt of a petition signed by at least ten per cent of the qualified electors of such city, praying that an election be held to determine whether or not such city shall abandon its existing form of government and adopt the commission form. Such special election shall be held in such city not less than thirty days, nor more than sixty (60) days, from the date of making such order, but if a general election is to be held in such city within sixty days from the making of such order, then the question of the adoption of the commission form of government shall be submitted at such general election, rather than at a special election. Notice of such election shall be given as required by law, and the same shall be held and conducted as other elections in such city. At such election the propositions to be voted on shall be "FOR THE PRESENT FORM OF GOVERNMENT," and "FOR THE COMMISSION FORM OF GOVERNMENT." Such propositions shall be printed on the ballot and the elector shall vote by placing a cross (X) or check mark (ü) opposite his choice on the proposition. The results of such election shall be certified to the governing authorities of the city by the persons holding such election, and at their next regular meeting the governing authorities shall adjudicate on the minutes of the city whether or not the majority of the votes cast at such election were cast in favor of the commission form of government. If a majority of the votes were so cast in favor of the commission form of government, then an order shall be entered providing for the election of officers provided for by this chapter at an election to be held on the first Tuesday after the first Monday of June next thereafter. The mayor or chief executive officer of the city shall immediately certify to the secretary of state that such city has by election adopted the commission form of government, and such certificate shall be recorded in a book kept for that purpose by the secretary of state. If a majority of the votes cast at such election be in favor of the existing form of government, the governing authorities shall so adjudicate by an order upon their minutes, and another election submitting the question of the adoption of the commission form of government shall not be held for a period of at least four years thereafter.
SECTION 465. Section 21-5-5, Mississippi Code of 1972, is brought forward as follows:
21-5-5. The mayor and councilmen (or commissioners) of all cities operated under the commission form of government shall be elected from the city at large, but the municipal authorities may establish as many wards and as many voting precincts in each ward as may be necessary or desirable. No person shall be eligible to the office of mayor or councilman unless he is a qualified elector of such city and shall have been a bona fide resident thereof for a period of at least one year next preceding the date of the commencement of his term of office.
In the event the council should ordain that the councilmen posts shall be separated, as provided in Section 21-5-11, such post shall be so separated for election purposes and persons seeking the office of councilman shall qualify and seek election for a specific post, as designated by ordinance, and each post shall be voted on separately by the qualified electors of the municipality voting in said election.
In the event there should be but one candidate for one of such election posts, or only one candidate for each of such posts, then such candidate or candidates shall be declared to be elected.
SECTION 466. Section 21-5-3, Mississippi Code of 1972, is brought forward as follows:
21-5-3. Every city operating under the commission form of government shall be governed by a council, consisting of the mayor and two (2) councilmen (or commissioners), each of whom shall have the right to vote on all questions coming before the council. The terms of office of the governing authorities in every such city, in office at the beginning of the term of office of the mayor and councilmen first elected under the provisions of this chapter shall then immediately cease and terminate. The terms of office of all other officers then in force in such city, whether elected or appointed, shall cease and terminate as soon as the council shall, by resolution, so declare.
The corporate name of every such city shall be "The City of (name of city)," under which name the council shall exercise and perform all the corporate powers, duties and obligations conferred or imposed on it or the members thereof.
Any city having a population of one hundred thousand (100,000) inhabitants according to the last decennial census and at that time governed by the commission form of government, may at any time, upon an election held as hereinafter provided, increase by two (2) the number of councilmen governing such city; provided that in no event shall the number of councilmen (not including the mayor) be increased to exceed ten (10) members. It shall be the duty of the council to call a special election on the question of the increase in the number of councilmen and upon receipt of a petition signed by at least ten percent (10%) of the qualified electors of such city, praying that an election be held to determine whether or not such city should increase by two (2) the number of councilmen under the commission form, and such special election shall be held in such city not less than thirty (30) days, nor more than sixty (60) days, from the date of making such order; but if a general election is to be held in such city within sixty (60) days from the making of such order, then the question of the increase in number of councilmen shall be submitted at such general election, rather than at a special election. Notice of such election shall be given as required by law, and the same shall be held and conducted as other elections in such city. At such election the propositions to be voted on shall be "FOR THE PRESENT NUMBER OF COUNCILMEN" and "FOR AN INCREASE BY TWO (2) IN THE NUMBER OF COUNCILMEN," and such propositions shall be printed on the ballot and the elector shall vote by placing a cross (X) or check mark (¢m) opposite his choice on the proposition. The results of such election shall be certified to the governing authorities of the city by the persons holding such election, and at their next regular meeting the governing authorities shall adjudicate on the minutes of the city whether or not the majority of the votes cast at such election were cast in favor of increasing by two (2) the number of councilmen. If a majority of the votes were so cast in favor of increasing by two (2) the number of councilmen in the commission form of government, then an order shall be entered providing for the election of the two (2) additional councilmen at an election to be held on the first Tuesday after the first Monday of June next thereafter. The mayor of the city shall immediately certify to the secretary of state that such city has by election determined to be governed by two (2) additional councilmen in the commission form of government and such certificate shall be recorded in a book kept for that purpose by the secretary of state. If a majority of the votes cast at such election be in favor of retaining the existing number of councilmen, the council shall so adjudicate by an order upon their minutes, and another election submitting the question of the increasing by two (2) the number of councilmen in the commission form of government shall not be held for a period of at least four (4) years thereafter.
SECTION 467. Section 21-7-7, Mississippi Code of 1972, is brought forward as follows:
21-7-7. The governing body of any such municipality shall be a council, known and designated as such, consisting of seven (7) members. One (1) of the members shall be the mayor, having the qualifications as prescribed by Section 21-3-9, who shall have full rights, powers and privileges of other councilmen. The mayor shall be nominated and elected at large; the remaining councilmen shall be nominated and elected one (1) from each ward into which the city shall be divided. However, if the city be divided into less than six (6) wards, the remaining councilmen shall be nominated and elected at large. The councilmen, including the mayor, shall be elected for a term of four (4) years to serve until their successors are elected and qualified in accordance with the provisions of Section 21-11-7, said term commencing on the first Monday of January after the municipal election first following the adoption of the form of government as provided by this chapter.
The compensation for the members
of the council shall, for the first four (4) years of operation, under this
chapter, be fixed by the * * * board of mayor and board of aldermen holding office prior to
the change in form of government. Thereafter the amount of compensation for
each such member may be increased or decreased by the council, by council
action taken prior to the election of members thereof for the ensuing term,
such action to become effective with the ensuing terms.
SECTION 468. Section 21-7-5, Mississippi Code of 1972, is brought forward as follows:
21-7-5. The manner in which any municipality, within the class provided in Section 21-7-1 may change its form of government to the plan authorized herein, shall be as follows:
One or more petitions, similar in form and substance, addressed to the mayor praying that an election be held to determine whether or not such city shall abandon its existing form of government and become organized under a council form of government, signed by at least twenty per centum of the qualified electors of such city, shall be filed with the city clerk, who shall deal with the same as required with reference to other petitions.
If on the delivery of such petition to the mayor, it shall appear that such petition or petitions have not been signed by the required number of qualified electors of such city, the mayor shall at once certify such fact and immediately return such petition or petitions to the person or persons presenting the same, who may thereafter procure additional signers thereto and again file such petition or petitions with the city clerk, as above provided, as an original petition.
If it shall appear at any time from the certificate of the city clerk that said petition or petitions have been signed by the requisite number of qualified electors of said city, the mayor shall immediately refer the same to the board of aldermen. If it shall appear that said petition or petitions are in proper form and have been sufficiently signed by the qualified electors of such city, they shall, within thirty days, order, and provide, for the holding of a special election in such city, to be held, not less than thirty, nor more than sixty days, from the date of making such order, notice of which election shall be given, and the same shall be held and conducted as other elections in such city. At such special election the propositions to be voted for shall be: "FOR THE COUNCIL FORM OF GOVERNMENT" and "FOR THE PRESENT FORM OF GOVERNMENT," which propositions shall be printed on the official ballot at such election. As soon as the return of such election shall have been certified by the persons holding the same, the board of aldermen shall at their next regular meeting, consider the same, and if a majority of the votes cast at such election, are in favor of the council form of government, then they shall enter an order providing for the election of a mayor, a vice-mayor and five other councilmen provided for under Section 21-7-7, at an election to be held on the second Tuesday in December next before the expiration of the terms of the municipal officers then holding office. Thereupon the said petition or petitions, and all proceedings had thereon, including an order of the mayor and board of aldermen that the form of government will be changed on the first Monday of January following the expiration of their term of office, shall be recorded in the ordinance book of such city, which record shall be evidence of all the matters and things therein contained. The mayor of such city shall immediately certify to the secretary of state that such city by special election has adopted the system of government provided for herein, which certificate shall be recorded in a book kept for that purpose by the secretary of state. In case it shall appear by said election returns that a majority of the votes cast at such election were in favor of the existing form of government, then the board of aldermen shall dismiss the petition, in which case no similar petition shall be filed for a period of one year from the date of such order, but nothing short of such election shall preclude the filing of the petition at any time.
Any city which shall have operated for more than two years under the council form of government may abandon such form of government and return to the code charter form of government by substantially the same procedure through petitions and elections as herein provided for change to the council form of government. Such change, however, shall take effect on the first Monday of January following the expiration of the term of office of the members of the council then holding office.
SECTION 469. Section 21-9-69, Mississippi Code of 1972, is brought forward as follows:
21-9-69. Except as otherwise provided in this chapter, all elections of every kind, special or otherwise, shall be conducted in any city operating under the council-manager form of government in the same manner and method and under the same laws and regulations as the same would have been conducted if the council-manager plan of government had not been adopted.
SECTION 470. Section 21-9-15, Mississippi Code of 1972, is brought forward as follows:
21-9-15. (1) (a) The legislative power of any city in which the council-manager plan of government is in effect under this chapter shall be vested in a council consisting of a mayor and five (5) councilmen.
(b) Any city with a larger or smaller number of councilmen, prior to September 30, 1962, may retain this larger or smaller number of councilmen or may adopt the council size of five (5) as prescribed herein. This option shall be exercised through the enactment of an appropriate ordinance by the municipal governing body prior to the election to adopt the council-manager plan of government. In the event the council fails to exercise this option, the council shall consist of five (5) councilmen.
(c) At the next regular municipal election which takes place after the adoption of the council-manager form of government, the mayor shall be elected at large by the voters of the entire city. Also, the councilmen shall be elected at large by the voters of the entire city to represent a city-wide district, or each of four (4) councilmen may be elected from a ward to represent such ward and one (1) councilman may be elected to represent a city-wide district. This option shall be exercised by an appropriate ordinance enacted by the city governing body prior to the election to adopt the council-manager plan of government. In the event the council fails to exercise this option, the councilmen shall be elected at large to represent the city-wide district. In its discretion at any time after adoption and implementation of the council-manager plan of government the council may provide for the election of councilmen by wards as provided herein, which shall become effective at the next regularly scheduled election for city councilmen.
(d) Councilmen elected to represent wards must be residents of their wards; and in cities having more or fewer than five (5) councilmen, prior to September 30, 1962, the city governing body shall determine the number of councilmen to represent the wards and the number of councilmen to represent the city-wide district.
(e) The council of any municipality having a population exceeding forty-five thousand (45,000) inhabitants according to the 1970 decennial census which is situated in a Class 1 county bordering on the State of Alabama and which is governed by a council-manager plan of government on January 1, 1977 may, in its discretion, adopt an ordinance to require the election of four (4) of the five (5) council members from wards and not from the city at large. The four (4) council members shall be elected one (1) each from the wards in which they reside in the municipality, and shall be elected only by the registered voters residing within the ward in which the council member resides. The mayor and fifth council member may continue to be elected from the city at large. Any council member who shall remove his residence from the ward from which he was elected shall, by operation of law, vacate his seat on the council.
After publication of the population of the municipality according to the 1980 decennial census, the governing authorities of the municipality shall designate the geographical boundaries of new wards as provided in this subparagraph. Each ward shall contain as nearly as possible the population factor obtained by dividing by four (4) the city's population as shown by the 1980 and each most recent decennial census thereafter. It shall be the mandatory duty of the council to redistrict the city by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the city as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; provided, however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more prior to the first primary of a general municipal election, then the council shall redistrict the city by ordinance within at least sixty (60) days of such first primary. If the publication of the most recent decennial census occurs less than six (6) months prior to the first primary of a general municipal election, the election shall be held with regard to currently defined wards; and reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected. If annexation of additional territory into the municipal corporate limits of the city shall occur less than six (6) months prior to the first primary of a general municipal election, the city council shall, by ordinance adopted within three (3) days of the effective date of such annexation, assign such annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards. Any subsequent redistricting of the city by ordinance as required by this section shall not serve as the basis for representation until the next regularly scheduled election for city councilmen.
(2) However, in any municipality situated in a Class 1 county bordering on the Mississippi Sound and the State of Alabama, traversed by U.S. Highway 90, the legislative power of such municipality in which the council-manager plan of government is in effect shall be vested in a council consisting of a mayor and six (6) councilmen. In the next regular municipal election in such municipality, the mayor shall be elected at large by the voters of the entire municipality. Also, the councilmen shall be elected at large by the voters of the entire municipality to represent a municipality-wide district, or each of five (5) councilmen may be elected from one (1) of five (5) wards to represent said ward and one (1) councilman shall be elected to represent a municipality-wide district. This option as to wards shall be exercised by an appropriate ordinance enacted by the municipal governing body. In the event the council fails to exercise this option, the councilmen shall be elected at large to represent the municipality-wide district. Councilmen elected to represent wards must be residents of their wards.
The method of electing the mayor and councilmen shall be the same as otherwise provided by law except as provided in this chapter. The mayor and councilmen elected hereunder shall hold office for a term of four (4) years and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he is a qualified elector of such city.
(3) (a) In the event a city with a population of one hundred thousand (100,000) or more inhabitants according to the last decennial census adopts the council-manager form of government, the legislative power of said city shall be vested in a council consisting of a mayor and eight (8) councilmen.
(b) At the next regular municipal election which takes place after the adoption of the council-manager form of government, the mayor shall be elected at large by the voters of the entire municipality. The municipality shall be divided into five (5) wards with one (1) councilman to be elected from each ward by the voters of that ward, and three (3) councilmen to be elected from the municipality at large. Councilmen elected to represent wards must be residents of their wards at the time of qualification for election, and any councilman who removes his residence from the city or from the ward from which he was elected shall vacate his office.
(c) It shall be the duty of the municipal governing body existing at the time of the adoption of the council-manager form of government to designate the geographical boundaries of the five (5) wards within sixty (60) days after the election in which the council-manager form is selected. In designating the geographical boundaries of the five (5) wards, each ward shall contain as nearly as possible the population factor obtained by dividing by five (5) the city's population as shown by the most recent decennial census. It shall be the mandatory duty of the council to redistrict the city by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the city as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more prior to the first primary of a general municipal election, then the council shall redistrict the city by ordinance within at least sixty (60) days of such first primary. If the publication of the most recent decennial census occurs less than six (6) months prior to the first primary of a general municipal election, the election shall be held with regard to currently defined wards; and reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which city councilmen shall be elected. If annexation of additional territory into the municipal corporate limits of the city shall occur less than six (6) months prior to the first primary of a general municipal election, the city council shall, by ordinance adopted within three (3) days of the effective date of such annexation, assign such annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the city by ordinance as required by this section shall not serve as the basis for representation until the next regularly scheduled election for city councilmen.
(4) The method of electing the mayor and councilmen shall be the same as otherwise provided by law, except as provided in this chapter. The mayor and councilmen elected hereunder shall hold office for a term of four (4) years and until their successors are elected and qualified. No person shall be eligible to the office of mayor or councilman unless he is a qualified elector of such city.
SECTION 471. Section 21-9-59, Mississippi Code of 1972, is brought forward as follows:
21-9-59. The council is authorized to provide by ordinance for the division of the wards, or if there be no wards, for the division of the municipality, into such number of voting precincts as may be necessary, each as nearly as possible containing the same number of qualified electors.
SECTION 472. Section 21-9-3, Mississippi Code of 1972, is brought forward as follows:
21-9-3. The manner of effecting the change in the government of any such city from the form of government under which it is operating to the council-manager plan of government shall be as follows:
One or more petitions, similar in form and substance, addressed to the mayor, praying that an election be held to determine whether or not such city shall abandon its existing form of government and become organized under a council-manager plan of government, signed by at least ten percent (10%) of the qualified electors of such city, shall be filed with the city clerk, who shall within ten (10) days thereafter check the signatures thereto with the registration books of the city and attach thereto his certificate showing the total number of qualified electors in said city, and the total number of signatures to said petitions and deliver the same to the mayor.
If, on the delivery of such petition to the mayor, it shall appear that such petition or petitions have not been signed by the required number of qualified electors of such city, the mayor shall at once certify such fact and immediately return such petition or petitions to the person or persons presenting the same, who may thereafter procure additional signers thereto and again file such petition or petitions with the city clerk, as above provided, as an original petition.
If it shall at any time appear from the certificate of the city clerk that said petition or petitions have been signed by the required number of qualified electors of said city, the mayor shall immediately refer the same to the city council or board and if it shall appear that said petition or petitions are in proper form and have been sufficiently signed by the qualified electors of such city, the council or board shall within five (5) days order and provide for the holding of a special election in such city not less than twenty (20) days nor more than sixty (60) days from the date of making such order, notice of which shall be given, and the same shall be held and conducted as other elections in such city. At such special election the propositions to be voted for shall be: (1) "FOR THE PRESENT FORM OF GOVERNMENT" and "FOR THE COUNCIL-MANAGER PLAN OF GOVERNMENT," and (2) "FOR COUNCILMEN ELECTED AT LARGE" and "FOR COUNCILMEN ELECTED BY WARDS," which propositions shall be printed on the official ballot at such election.
SECTION 473. Section 21-9-11, Mississippi Code of 1972, is brought forward as follows:
21-9-11. All elections held either for the adoption of the council-manager plan of government or for its discontinuance or repeal, shall be held and conducted in accordance with the general laws for the holding of municipal elections.
SECTION 474. Section 21-9-13, Mississippi Code of 1972, is brought forward as follows:
21-9-13. In case the council-manager plan of government is discontinued or repealed by a majority vote of the qualified electors of such city, voting in an election for that purpose, as provided in Section 21-9-9, the next municipal election thereafter shall be conducted for such officials as are provided by law for such city under and according to that form of government under which it operated prior to the time that it adopted the council-manager plan of government. The elected officials then holding office under the council-manager plan shall continue in office until their duly elected successors under said form of government under which the municipality operated prior to the adoption of the council-manager plan shall take office. On the date on which such newly elected officials shall take office, as provided by law, the employment of such manager as shall have theretofore been employed by the council under the council-manager plan shall terminate, and all offices created under the provisions of this chapter shall terminate. Thereafter the municipality shall be governed by the general law applicable according to the form of government under which it had operated prior to adoption of the council-manager plan. The council or board shall have power by ordinance not inconsistent herewith to provide for the orderly transition from the one form of government to the other, in the same manner as is provided in Section 21-9-7. A city which has adopted the council-manager plan and subsequently discontinues it, as herein provided, may readopt it by following the same procedure as that herein set forth for its original adoption, and it may likewise thereafter so discontinue the same.
SECTION 475. Section 21-3-7, Mississippi Code of 1972, is brought forward as follows:
21-3-7. In all municipalities having a population of less than ten thousand according to the latest available federal census, there shall be five aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into four wards, with one alderman to be selected from each ward and one from the municipality at large. On a petition of twenty per cent of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of such qualified electors of such municipality voting in a special election called for that purpose. All aldermen shall be selected by vote of the entire electorate of the municipality. Those municipalities which determine to select one alderman from each of the four wards shall select one from the candidates for alderman from each particular ward who shall be a resident of said ward by majority vote of the entire electorate of the municipality.
In all municipalities having a population of ten thousand or more, according to the latest available federal census, there shall be seven aldermen, which aldermen may be elected from the municipality at large, or, in the discretion of the municipal authority, the municipality may be divided into six wards, with one alderman to be selected from each ward and one from the municipality at large. On a petition of twenty per cent of the qualified electors of any such municipality, the provisions of this section as to whether or not the aldermen shall be elected from wards or from the municipality at large shall be determined by the vote of the majority of such qualified electors of such municipality voting in a special election called for that purpose. This section in no way affects the number of aldermen, councilmen, or commissioners of any city operating under a special charter. All aldermen shall be selected by vote of the entire electorate of the municipality. Those municipalities which determine to select one alderman from each of the six wards shall select one of the candidates for alderman from each particular ward by majority vote of the entire electorate of the municipality.
SECTION 476. Section 21-8-3, Mississippi Code of 1972, is brought forward as follows:
21-8-3. The manner of effecting the change in the government of any such municipality from the form of government under which it is operating to the mayor-council form of government shall be as follows:
One (1) or more petitions, similar in form and substance, addressed to the mayor, praying that an election be held to determine whether or not such city shall abandon its existing form of government and become organized under the mayor-council form of government, signed by at least ten percent (10%) of the qualified electors of such municipality, provided, however, that any municipality with population of less than forty thousand (40,000) shall be required to be signed by twenty percent (20%), shall be filed with the municipal clerk who shall, within ten (10) days thereafter, check the signatures thereto with the registration books of the municipality and attach thereto his certificate showing the total number of qualified electors in said municipality and the total number of signatures to said petitions and deliver the same to the mayor. Such petition or petitions shall specify the number of councilmen to be on the council and the number of councilmen to be elected from wards and the number at large, if any.
If on the delivery of such petition to the mayor it shall appear that such petition or petitions have not been signed by the required number of qualified electors of such municipality the mayor shall at once certify such fact and immediately return such petition or petitions to the person or persons presenting the same, who may thereafter procure additional signers thereto and again file such petition or petitions with the municipality clerk, as above provided, as an original petition.
If it shall at any time appear from the certificate of the municipality clerk that said petition or petitions have been signed by the required number of qualified electors of said municipality, the mayor shall immediately refer the same to the municipality council or board and, if it shall appear that said petition or petitions are in proper form and have been sufficiently signed by the qualified electors of such municipality, the council or board shall within ten (10) days order and provide for the holding of a special election in such municipality not less than twenty (20) days nor more than sixty (60) days from the date of making such order, notice of which shall be given, and the same shall be held and conducted as other elections in such municipality. At such special election the propositions to be voted for shall be: (a) "For the present form of government" and (b) "For the mayor-council form of government."
No petition requesting that an election be held pursuant to the provisions of this chapter shall be presented to the municipality clerk within two (2) years after the date of the last election held pursuant to provisions of this chapter, provided that there is no waiting period for the presentation of a petition for a form of government other than the mayor-council form except that it shall not be presented to the municipality clerk until after the date of an election held pursuant to a previously filed petition.
SECTION 477. Section 21-8-5, Mississippi Code of 1972, is brought forward as follows:
21-8-5. (1) All elections held for the adoption of the mayor-council form of government shall be held and conducted in accordance with the general laws for the holding of municipal elections.
(2) As soon as the returns of any election held hereunder for the adoption of the mayor-council form have been certified, and if a majority of the votes cast at such election were in favor of the mayor-council form of government, the mayor of such municipality shall immediately certify to the secretary of state that such municipality, by special election, has adopted the mayor-council form of government provided for herein, which certificate shall be recorded in a book kept for that purpose by the secretary of state.
SECTION 478. Section 21-8-7, Mississippi Code of 1972, is brought forward as follows:
21-8-7. (1) Each municipality operating under the mayor-council form of government shall be governed by an elected council and an elected mayor. Other officers and employees shall be duly appointed pursuant to this chapter, general law or ordinance.
(2) Except as otherwise provided in subsection (4) of this section, the mayor and council members shall be elected by the voters of the municipality at a regular municipal election held on the first Tuesday after the first Monday in June as provided in Section 21-11-7, and shall serve for a term of four (4) years beginning on the first day of July next following the election that is not on a weekend.
(3) The terms of the initial mayor and council members shall commence at the expiration of the terms of office of the elected officials of the municipality serving at the time of adoption of the mayor-council form of government.
(4) (a) The council shall consist of five (5), seven (7) or nine (9) members. In the event there are five (5) council members, the municipality shall be divided into either five (5) or four (4) wards. In the event there are seven (7) council members, the municipality shall be divided into either seven (7), six (6) or five (5) wards. In the event there are nine (9) council members, the municipality shall be divided into seven (7) or nine (9) wards. If the municipality is divided into fewer wards than it has council members, the other council member or members shall be elected from the municipality at large. The total number of council members and the number of council members elected from wards shall be established by the petition or petitions presented pursuant to Section 21-8-3. One (1) council member shall be elected from each ward by the voters of that ward. Council members elected to represent wards must be residents of their wards at the time of qualification for election, and any council member who removes the member's residence from the municipality or from the ward from which elected shall vacate that office. However, any candidate for council member who is properly qualified as a candidate under applicable law shall be deemed to be qualified as a candidate in whatever ward the member resides if the ward has changed after the council has redistricted the municipality as provided in paragraph (c)(ii) of this subsection (4), and if the wards have been so changed, any person may qualify as a candidate for council member, using the person's existing residence or by changing the person's residence, not less than fifteen (15) days before the first party primary or special party primary, as the case may be, notwithstanding any other residency or qualification requirements to the contrary.
(b) The council or board existing at the time of the adoption of the mayor-council form of government shall designate the geographical boundaries of the wards within one hundred twenty (120) days after the election in which the mayor-council form of government is selected. In designating the geographical boundaries of the wards, each ward shall contain, as nearly as possible, the population factor obtained by dividing the municipality's population as shown by the most recent decennial census by the number of wards into which the municipality is to be divided.
(c) (i) It shall be the mandatory duty of the council to redistrict the municipality by ordinance, which ordinance may not be vetoed by the mayor, within six (6) months after the official publication by the United States of the population of the municipality as enumerated in each decennial census, and within six (6) months after the effective date of any expansion of municipal boundaries; however, if the publication of the most recent decennial census or effective date of an expansion of the municipal boundaries occurs six (6) months or more before the first party primary of a general municipal election, then the council shall redistrict the municipality by ordinance not less than sixty (60) days before the first party primary.
(ii) If the publication of the most recent decennial census occurs less than six (6) months before the first primary of a general municipal election, the election shall be held with regard to the existing defined wards; reapportioned wards based on the census shall not serve as the basis for representation until the next regularly scheduled election in which council members shall be elected.
(d) If annexation of additional territory into the municipal corporate limits of the municipality occurs less than six (6) months before the first party primary of a general municipal election, the council shall, by ordinance adopted within three (3) days of the effective date of the annexation, assign the annexed territory to an adjacent ward or wards so as to maintain as nearly as possible substantial equality of population between wards; any subsequent redistricting of the municipality by ordinance, as required by this chapter, shall not serve as the basis for representation until the next regularly scheduled election for municipal council members.
(5) Vacancies occurring in the council shall be filled as provided in Section 23-15-857.
(6) The mayor shall maintain an office at the city hall. The council members shall not maintain individual offices at the city hall; however, in a municipality having a population of one hundred thousand (100,000) and above according to the latest federal decennial census, council members may have individual offices in the city hall. Clerical work of council members in the performance of the duties of their office shall be performed by municipal employees or at municipal expense, and council members shall be reimbursed for the reasonable expenses incurred in the performance of the duties of their office.
SECTION 479. Section 21-8-45, Mississippi Code of 1972, is brought forward as follows:
21-8-45. Any municipality voting to adopt the mayor-council form of government after adoption of this chapter shall have an election of municipal officers within the time and in the manner provided by statute, and such officers and the form of government shall take effect and be instituted at the time of the taking of office for the newly elected officials as expressly provided by statute.
SECTION 480. Section 9-4-5, Mississippi Code of 1972, is brought forward as follows:
9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district; provided, however, judges of the Court of Appeals who are elected to take office after the first Monday of January 2002, shall be elected from the Court of Appeals Districts described in subsection (5) of this section. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.
(2) (a) In order to provide that the offices of not more than a majority of the judges of said court shall become vacant at any one (1) time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Court of Appeals each candidate shall state the position number of the office to which he aspires and the election ballots shall so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
(c) In the year prior to the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the manner provided in this section in the district from which the incumbent Court of Appeals judge was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his election and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding such election.
(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term prior to the election to fill the remainder of said term according to provisions of Section 23-15-849, Mississippi Code of 1972.
(5) (a) The State of Mississippi is hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
SECTION 481. Section 9-4-15, Mississippi Code of 1972, is brought forward as follows:
9-4-15. General elections for the office of judge of the Court of Appeals shall be held at the same times as general elections for congressional offices.
SECTION 483. Section 37-5-67, Mississippi Code of 1972, is brought forward as follows:
37-5-67. The county superintendent of education shall be appointed by the county board of education:
(a) In any county of the first class lying wholly within a levee district and within which there is situated a city of more than forty thousand (40,000) population according to the last federal decennial census;
(b) In any county bordering on the Gulf of Mexico or Mississippi Sound, having therein a test facility operated by the National Aeronautics and Space Administration;
(c) In any county bordering on the Alabama state line, traversed by the Tombigbee River, and in which is situated a senior institution of higher learning;
(d) In any county of the second class wherein Interstate Highway 55 and State Highway 22 intersect and which is also traversed, in whole or in part, by U.S. Highways 49 and 51, and State Highways 16, 17 and 43 and the Natchez Trace;
(e) In any Class 4 county having population in excess of twenty-five thousand (25,000) according to the 1960 federal census, traversed by U.S. Highway 55 and wherein State Highways 12 and 17 intersect;
(f) In any county created after 1916 through which the Yazoo River flows;
(g) In any Class 4 county having a land area of six hundred ninety-five (695) square miles, bordering on the State of Alabama, wherein the Treaty of Dancing Rabbit was signed and wherein U.S. Highway 45 and State Highway 14 intersect;
(h) In any county bordering on the Mississippi River wherein lies the campus of a land-grant institution or lands contiguous thereto owned by the institution;
(i) In any county lying within the Yazoo-Mississippi Delta Levee District, bordering upon the Mississippi River, and having a county seat with a population in excess of twenty-one thousand (21,000) according to the federal census of 1960;
(j) In any Class 3 county wherein is partially located a national forest and wherein U.S. Highway 51 and State Highway 28 intersect, with a 1960 federal census of twenty-seven thousand fifty-one (27,051) and a 1963 assessed valuation of Sixteen Million Six Hundred Ninety-two Thousand Three Hundred Four Dollars ($16,692,304.00); and
(k) In any Class 1 county wherein U.S. Highway 49 and State Highway 16 intersect, having a land area in excess of nine hundred thirty (930) square miles.
SECTION 484. Section 23-15-1111, Mississippi Code of 1972, is brought forward as follows:
23-15-1111. All election laws in conflict with the provisions of this chapter are hereby repealed.
SECTION 485. Sections 23-15-111 through 23-15-1111, Mississippi Code of 1972, which comprise the Mississippi Election Code adopted in 1985, are repealed.
SECTION 486. This act shall take effect and be in force from and after July 1, 2016, and shall stand repealed on June 30, 2016.
