Bill Text: MS SB3031 | 2010 | Regular Session | Introduced
Bill Title: Armed Forces Absentee Voting Law; make changes to comply with federal law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB3031 Detail]
Download: Mississippi-2010-SB3031-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Elections
By: Senator(s) Burton
Senate Bill 3031
AN ACT TO AMEND SECTION 23-15-687, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPLICATION FOR AN ABSENTEE BALLOT UNDER THE ARMED FORCES ABSENTEE VOTING LAW SHALL SERVE AS A REQUEST BY THE APPLICANT THROUGH THE DATE OF THE NEXT FEDERAL ELECTION RATHER THAN THE NEXT TWO FEDERAL ELECTIONS; TO AMEND SECTION 23-15-693, MISSISSIPPI CODE OF 1972, TO REQUIRE ABSENT VOTERS VOTING PURSUANT TO THE ARMED FORCES ABSENTEE VOTING LAW TO COMPLETE THE DECLARATION SPECIFIED BY THE FEDERAL UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; TO AMEND SECTION 23-15-699, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ABSENT VOTERS WHO HAVE REQUESTED TO RECEIVE ABSENTEE BALLOTS AND BALLOTING MATERIALS PURSUANT TO THE ARMED FORCES ABSENTEE VOTING LAW MAY CHOOSE TO RECEIVE SUCH BALLOTS AND BALLOTING MATERIALS BY MAIL, FACSIMILE DEVICE (FAX) OR ELECTRONIC MAIL DELIVERY (E-MAIL) AND TO PROVIDE THAT IF THE ABSENT VOTER DOES NOT INDICATE A PREFERENCE, DELIVERY BE BY MAIL; TO AUTHORIZE REGISTRARS TO RECEIVE VOTED BALLOTS AND COMPLETED FEDERAL POSTCARD APPLICATIONS BY ELECTRONIC MAIL DELIVERY; TO AMEND SECTION 23-15-701, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ABSENT VOTERS UTILIZING THE ARMED FORCES ABSENTEE VOTING LAW TO RECEIVE VOTER REGISTRATION INFORMATION, ABSENTEE BALLOT APPLICATIONS, ABSENTEE BALLOTS AND OTHER VOTING INFORMATION BY CONTACTING THE SECRETARY OF STATE IN THE MANNER ESTABLISHED BY THE SECRETARY OF STATE; TO AUTHORIZE THE SECRETARY OF STATE TO ADOPT SUCH RULES AS HE CONSIDERS NECESSARY TO IMPLEMENT THE ARMED FORCES ABSENTEE VOTING LAW AND TO BRING THE STATE INTO COMPLIANCE WITH THE FEDERAL UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; TO AMEND SECTION 23-15-635, 23-15-681 AND 23-15-691, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 23-15-695, MISSISSIPPI CODE OF 1972, WHICH SPECIFIES THOSE PERSONS AUTHORIZED TO ADMINISTER AND ATTEST OATHS FOR ABSENTEE BALLOTS UNDER THE ARMED SERVICES ABSENTEE VOTING LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-687, Mississippi Code of 1972, is amended 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.
(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.
SECTION 2. Section 23-15-693, Mississippi Code of 1972, is amended 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 3. Section 23-15-699, Mississippi Code of 1972, is amended 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; and * * *
(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.
SECTION 4. Section 23-15-701, Mississippi Code of 1972, is amended as follows:
23-15-701. (1) Absent voters may receive voter registration information, absentee ballot applications, absentee ballots and other voting information by contacting the Secretary of State in the manner established by the Secretary of State.
(2) The Secretary of State shall adopt such rules as he considers necessary to implement this subarticle and to bring the state into compliance with the Uniformed and Overseas Citizens Absentee Voting Act, 42 USC Section 1973ff et seq.
(3) 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 5. Section 23-15-635, Mississippi Code of 1972, is amended 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 6. Section 23-15-681, Mississippi Code of 1972, is amended 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 7. Section 23-15-691, Mississippi Code of 1972, is amended 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.
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 and witnessing officer in instances of adhesion of the balloting material.
If applicable, the instructions shall indicate that the ballot shall be marked in ink or indelible pencil.
SECTION 8. Section 23-15-695, Mississippi Code of 1972, which specifies those persons authorized to administer and attest oaths for absentee ballots under the Armed Services Absentee Voting Law, is repealed.
SECTION 9. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 10. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
