MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections

By: Representative Warren

AN ACT TO AMEND SECTION 23-15-625, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON VOTING BY ABSENTEE BALLOT SHALL NOT BE ALLOWED TO VOTE IN ANY PRECINCT DURING THE ELECTION IN WHICH THE PERSON VOTED BY ABSENTEE BALLOT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 23-15-625, Mississippi Code of 1972, is amended as follows:

23-15-625. 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 * * * 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 the boxes are delivered to the election commissioners or managers. At the time the boxes are delivered to the election commissioners or managers, the registrar shall * * * turn over a list of all * * * persons who have voted and whose ballots are in the box. The election commissioners or managers shall not allow any person, who voted by absentee ballot, to vote in any precinct during the election in which the person voted by absentee ballot.

23-15-625. The registrar shall be responsible for printing applications for absentee voting as provided in this section. At least sixty (60) days before any election in which absentee voting is provided for by law, the registrar shall order a sufficient number of applications to be printed; * * * however, * * * in the event a special election is called and set at a date which makes it impractical or impossible to print applications for absent elector's ballot sixty (60) days before the election, the registrar shall print the applications as soon as practicable after the election is called. The applications shall be printed with sequential numbers appearing on the application and the corresponding perforated stub. The registrar shall fill in the date of the particular election on the application for which the application will be used. Upon receipt of the applications for the election from the printer, the registrar shall file an affidavit with the election commission and a duplicate original of the affidavit in the registrar's office stating the number of applications which he received from the printer.

The registrar may disburse applications for absentee ballots to any qualified elector within the county where he serves. The registrar shall keep a permanent ledger for the purpose of showing the number of applications and the persons to whom the applications were given. If an elector picks up applications for another person, the elector shall indicate on the ledger the name or names of the persons for which he is obtaining the applications.

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 the ballots, which list shall be kept in a conspicuous place accessible to the public near the entrance to his office. The registrar shall * * * 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 the boxes are delivered to the election commissioners or managers. At the time the boxes are delivered to the election commissioners or managers, the registrar shall * * * turn over a list of all the persons who have voted and whose ballots are in the box. The election commissioners or managers shall not allow any person, who voted by absentee ballot, to vote in any precinct during the election in which the person voted by absentee ballot.

The registrar may mail one (1) application to any qualified elector of the county for use in a particular election.

SECTION 2. 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 3. 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.