Bill Text: MS SB2613 | 2015 | Regular Session | Introduced
Bill Title: Elections; establish closed primary system.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2015-02-03 - Died In Committee [SB2613 Detail]
Download: Mississippi-2015-SB2613-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Appropriations; Elections
By: Senator(s) McDaniel, Sojourner, Watson
Senate Bill 2613
AN ACT TO PROVIDE THAT ONLY
REGISTERED VOTERS AFFILIATED WITH A POLITICAL PARTY MAY VOTE IN THE PARTY'S
PRIMARY ELECTION; TO PROVIDE THAT REGISTERED VOTERS NOT AFFILIATED WITH A
POLITICAL PARTY may vote in any
nonpartisan election held in conjunction with a party primary election;
TO REQUIRE THE STATE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO DESIGNATE
ANNUALLY ANY QUALIFICATIONS FOR ELECTORS TO BE ELIGIBLE TO VOTE IN THE PARTY'S
PRIMARY ELECTION; TO AUTHORIZE THE SECRETARY OF STATE TO PRESCRIBE BY RULE A
UNIFORM STATEWIDE VOTER REGISTRATION APPLICATION THAT SHALL BE USED TO
DESIGNATE AN ELECTOR'S PARTY AFFILIATION; TO AMEND SECTIONS 23‑-15‑-575
AND 23‑-15‑-753,
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO VOTES IN A POLITICAL
PARTY PRIMARY OTHER THAN THAT IN WHICH THE PERSON IS REGISTERED SHALL BE GUILTY
OF VOTE FRAUD; TO AMEND SECTIONS 23‑-15‑-33,
23‑-15‑-35,
23‑-15‑-37,
23‑-15‑-39,
23‑-15‑-41
AND 23‑-15‑-47,
MISSISSIPPI CODE OF 1972, TO AUTHORIZE CIRCUIT AND MUNICIPAL CLERKS TO ENTER
INTO THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM AN ELECTOR'S PARTY AFFILIATION
AS DESIGNATED ON THE ELECTOR'S UNIFORM STATEWIDE VOTER REGISTRATION
APPLICATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Electors who are registered to vote may select a party affiliation in any of the following ways:
(a) Fill out a uniform statewide voter registration application;
(b) Declare at the election August 4, 2015, by casting a ballot in the primary of one (1) political party.
(2) On or before October 1, 2015, the registrar shall record an elector's party affiliation in the Statewide Elections Management System. Electors who do not vote in the August 4, 2015, election or who have not selected a party affiliation on the uniform statewide voter registration application shall be designated as "unaffiliated" in the system.
(a) All registered voters not affiliated with a political party may vote in any nonpartisan election held in conjunction with a party primary election.
(b) All registered voters affiliated with a political party may vote in the party primary election designated in the voter's registration.
(3) From and after October 2, 2015, any qualified elector may update or change the voter's party affiliation by mailing or delivering a completed uniform voter registration application to his county registrar at least thirty (30) days prior to any election except as provided in this subsection. The date of party registration shall be either the date of the elector's personal delivery to the county registrar or the postmark date of a mailed application unless:
(a) The election is for the purpose of nominating a political party nominee, in which case the update or change shall be effective for the purpose of subsequent elections.
(b) For the purpose of
this subsection, any first primary followed by a second or subsequent run‑-off
primary election constitutes one (1) election.
SECTION 2. On or before January 1, 2016, and each year thereafter, the state executive committee of each political party shall notify the Secretary of State of any qualifications, not inconsistent with the laws of this state, for electors to be eligible to vote in the party's primary election.
SECTION 3. (1) The Secretary of State shall prescribe by rule a uniform statewide voter registration application for use in this state.
(2) The uniform statewide voter registration application must be accepted for any one or more of the following purposes:
(a) Initial registration.
(b) Change of address.
(c) Change of party affiliation.
(d) Change of name.
(e) Replacement of a voter information card.
(f) Signature update.
SECTION 4. Section
23‑-15‑-575,
Mississippi Code of 1972, is amended as follows:
23‑-15‑-575.
No person shall be eligible to participate in any party primary election
unless he * * *
is a registered member of that party. Any person who votes in a
primary for a candidate running for nomination from a party other than that in
which the person is registered shall be subject to the penalties for vote fraud
provided for in Section 23‑-15‑-753.
SECTION 5. 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 * * * uniform statewide voter registration
application shall be registered by the 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 registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
(3) Every person entitled to vote by absentee shall have all absentee applications processed by the registrar through the Statewide Election Management System. The registrar shall account for all absentee ballots delivered to such voters and received from such voters through the Statewide Election Management System.
SECTION 6. 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 uniform statewide 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 and to
complete any changes to registration. 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 mail to
the county registrar or by personal delivery to the county registrar provided
that a numbered receipt is signed by the 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 7. 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 registrar may keep
his office open * * * to accept uniform statewide voter
registration applications 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
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. (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 * * * accepting uniform
statewide voter registration applications.
(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 * * *
uniform statewide 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 registrar or his deputy for the purpose of registration of persons eligible to vote and for providing voter education.
SECTION 8. 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 * * * uniform statewide voter registration
application established by rule duly adopted by the Secretary of State.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person.
(6) Any person desiring * * * uniform statewide
voter registration application may secure an application from the registrar
of the county of which he is a resident and may take the application with him
and secure assistance in completing the application from any person of the
applicant's choice. It shall be the duty of all registrars to furnish
applications for registration to all persons requesting them, and it shall
likewise be his duty to furnish aid and assistance in the completing of the
application when requested by an applicant. The application for registration
shall be sworn to and subscribed before the registrar or deputy registrar at
the municipal clerk's office, the county registrar's office or any other
location where the applicant is allowed to register to vote. No fee or cost shall
be charged the applicant by the registrar for accepting the application or
administering the oath or for any other duty imposed by law regarding the
registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read to the person the application and oath and the person's answers thereto shall be recorded by the registrar or his deputy. The person shall be registered as an elector if he otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy
of the application for registration sent pursuant to Section 23‑-15‑-35(2)
shall be sufficient to allow the applicant to be registered as an elector of
this state, if the application is not challenged.
(9) In any case in which a
municipality expands its corporate boundaries by annexation or redistricts all
or a part of the municipality, the municipal clerk shall within ten (10) days
after the effective date of the 
annexation or after preclearance of the
redistricting plan under Section 5 of the Voting Rights Act of 1965, provide
the county registrar with conforming geographic data that is compatible with
the Statewide Elections Management System. The data shall be developed by the
municipality's use of a standardized format specified by the Statewide
Elections Management System. The county registrar shall update the municipal
boundary information or redistricting information into the Statewide Elections
Management System. The Statewide Elections Management System shall update the
voter registration records to include the new municipal electors who have
resided within the annexed area for at least thirty (30) days after annexation
and assign the electors to the municipal voting precincts. The county
registrar shall forward to the municipal clerk written notification of the additions
and changes, and the municipal clerk shall forward to the new municipal
electors written notification of the additions and changes. The Statewide
Elections Management System shall correctly place municipal electors within
districts whose boundaries were altered by any redistricting conducted within
the municipality and assign such electors to the correct municipal voting
precincts.
SECTION 9. 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 registrar shall enter the Statewide
Elections Management System voter record where the voter status will be marked
"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. An applicant who fails to designate party
affiliation must be registered without party affiliation. The registrar must
notify the voter by mail that the voter has been registered without party
affiliation and that the voter may change party affiliation as provided in
Section 1 of this act.
(2) If an applicant is not qualified to register to vote, then the registrar shall enter the Statewide Elections Management System voter record where the voter's status shall be marked "PENDING" or "REJECTED", specify the reason or reasons therefor, and notify the election commission of those rejected.
SECTION 10. 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 * * * register electors or update their
registration information by mail:
(a) Any qualified
elector may register to vote or update his registration information by
mailing or delivering a completed * * * uniform voter registration
application to his county registrar at least thirty (30) days prior to any
election. The postmark date of a mailed application shall be the 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 by contacting the applicant by
telephone, by personal contact with the applicant, or by any other method
approved by the Secretary of State. Within twenty‑-five
(25) days of receipt of a mail‑-in 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 or that his information has been updated, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. The registration cards shall be provided by the county registrar. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: "DO NOT FORWARD". If any registration notification form is returned as undeliverable, the voter's registration shall be void.
(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 registrar determines that the applicant is 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 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 registrar may write or call the
applicant at the telephone number provided on the application. If the
registrar is able to contact the applicant by mail or telephone, he shall
attempt to ascertain the necessary information and if this information is
sufficient for the registrar to complete the application, the applicant shall
be registered. If the necessary information cannot be obtained by mail or
telephone or is not sufficient, the registrar shall give the applicant written
notice of the rejection and provide the reason for the rejection. The
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 registration book, the mail‑-in application
shall be deemed a written request to transfer registration pursuant to Section
23‑-15‑-13.
Subject to the time limits and other provisions of Section 23‑-15‑-13,
the registrar or the election commissioners shall note the new residence
address on his records and, if necessary, transfer the applicant to his new
county precinct or municipal precinct, if any, advise the applicant of his new
county precinct or municipal precinct, if any, polling place and supervisor
district.
(3) The instructions and
the * * * uniform voter registration application 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 in accordance with
Section 23‑-15‑-113.
Nothing in this section shall preclude having applications on microfilm,
microfiche or as an electronic image.
(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. The county
registrar shall send municipal 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 county registrar or the
clerk of the municipality in effectuating this subsection shall be paid by the
governing authority of the municipality. If a review of the application for
registration or changes to the registration indicates that the applicant is not
qualified to vote in the municipality, the registrar shall notify the
applicant of the correct county precinct.
(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 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.
(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 11. Section
23‑-15‑-753,
Mississippi Code of 1972, is amended 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,
or any person who shall vote in a party primary for any candidate running
for nomination from a party other than that in which the person is registered,
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 12. This act shall take effect and be in force from and after its passage.
