MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Apportionment and Elections

By: Representative Green (72nd)

House Bill 298

AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO PROVIDE THE OPPORTUNITY FOR INDIVIDUALS TO REGISTER TO VOTE OR UPDATE A VOTER REGISTRATION RECORD AT DRIVER'S LICENSE EXAMINING STATIONS WHEN THE INDIVIDUALS APPLY FOR OR RENEW A DRIVER'S LICENSE, APPLY FOR OR RENEW AN IDENTIFICATION CARD, OR CHANGE AN ADDRESS ON AN EXISTING DRIVER'S LICENSE OR IDENTIFICATION CARD; TO PROVIDE THE PROCEDURE FOR INDIVIDUALS TO REGISTER TO VOTE AT A DRIVER'S LICENSE EXAMINING STATION; TO PROVIDE THE FORM OF THE VOTER REGISTRATION APPLICATION THAT IS USED AT DRIVER'S LICENSE EXAMINING STATIONS; TO PROVIDE FOR THE DISTRIBUTION OF VOTER REGISTRATION APPLICATIONS COMPLETED AT A DRIVER'S LICENSE EXAMINING STATION TO THE APPROPRIATE COUNTY REGISTRAR; TO REQUIRE CERTAIN STATE AGENCY OFFICES TO PROVIDE PERSONS THE OPPORTUNITY TO REGISTER TO VOTE OR TO UPDATE A VOTER REGISTRATION RECORD AT THE TIME THE PERSON APPLIES FOR SERVICES OR ASSISTANCE FROM THAT AGENCY, FOR RENEWAL OF THE SERVICES OR ASSISTANCE OR FOR A CHANGE OF ADDRESS REQUIRED WITH RESPECT TO THE SERVICES OR ASSISTANCE; TO PROVIDE FOR THE FORM OF THE APPLICATION USED BY THE OFFICES; TO PROVIDE THE PROCEDURE FOR PERSONS TO REGISTER TO VOTE AT A STATE AGENCY OFFICE; TO PROVIDE FOR THE DISTRIBUTION OF VOTER REGISTRATION APPLICATIONS COMPLETED AT A STATE AGENCY OFFICE TO THE APPROPRIATE COUNTY REGISTRAR; TO REQUIRE THAT COUNTY REGISTRARS RECEIVE VALID VOTER REGISTRATION APPLICATIONS FORWARDED BY STATE AGENCY OFFICES AND THE DEPARTMENT OF PUBLIC SAFETY AND REGISTER TO VOTE PERSONS WHOSE VALID APPLICATIONS HAVE BEEN FORWARDED TO THEM; TO REQUIRE COUNTY ELECTION COMMISSIONS TO INSTITUTE A REGISTRATION BOOK AND POLLBOOK MAINTENANCE PROGRAM AND TO PRESCRIBE CERTAIN PROCEDURES THAT MUST BE FOLLOWED IN THE PROGRAM; TO EXEMPT CERTAIN VOTER REGISTRATION RECORDS FROM THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983; TO AMEND SECTIONS 23-15-11 AND 23-15-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TO BE ELIGIBLE TO VOTE A PERSON DOES NOT HAVE TO BE A RESIDENT FOR THIRTY DAYS IN THE SUPERVISORS DISTRICT IN WHICH HE OFFERS TO VOTE AND TO AUTHORIZE A VOTER'S REGISTRATION TO BE TRANSFERRED WHEN HE MOVES TO A NEW VOTING PRECINCT WITHIN THE SAME COUNTY AT ANY TIME UP TO THIRTY DAYS BEFORE THE ELECTION; TO AMEND SECTION 23-15-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PERSONS TO REGISTER TO VOTE WITH A FEDERAL MAIL-IN VOTER APPLICATION; TO AMEND SECTION 23-15-47, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A MAIL-IN VOTER REGISTRATION APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR; TO REMOVE THE REQUIREMENT THAT MAIL-IN VOTER REGISTRATION APPLICATIONS BE VERIFIED BY THE COUNTY REGISTRAR BY TELEPHONE, PERSONAL CONTACT OR SOME OTHER METHOD APPROVED BY THE SECRETARY OF STATE AND TO PROVIDE THAT THE INSTRUCTIONS AND THE APPLICATION FORM FOR VOTER REGISTRATION BY MAIL SHALL BE PRESCRIBED BY THE SECRETARY OF STATE; TO REMOVE THE REQUIREMENT THAT THE SECRETARY OF STATE CHARGE THE ACTUAL COST OF PROVIDING MAIL-IN VOTER REGISTRATION APPLICATIONS IN BULK; TO AMEND SECTIONS 23-15-39 AND 23-15-153, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO REPEAL SECTION 23-15-159, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THAT THE NAMES OF PERSONS WHO HAVE NOT VOTED IN AT LEAST ONE ELECTION IN THE LAST FOUR SUCCESSIVE YEARS BE ERASED FROM THE REGISTRATION BOOKS AND POLLBOOKS; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) The Department of Public Safety shall provide the opportunity to register to vote or to update a voter registration record to each individual who comes to a driver's license examining station to:

(a) Apply for or renew a driver's license;

(b) Apply for or renew an identification card; or

(c) Change an address on an existing driver's license or identification card.

(2) The Department of Public Safety shall:

(a) Notify each applicant, orally or in writing, that:

(i) Information gathered for the completion of a driver's license or identification card application, renewal or change of address can be transferred automatically to a voter registration application;

(ii) If additional information and a signature are provided, the voter registration application will be completed and sent to the proper election authority;

(iii) Information provided also can be used to update a voter registration record; and

(iv) The location of the particular driver's license examining station at which the person applies to register to vote or updates a voter registration record will remain confidential and may be used only for voter registration purposes;

(b) Require a driver's license examiner to inquire, orally or in writing, whether the applicant is hearing impaired, whether the applicant wishes to register to vote or update a voter registration record during the completion or renewal of a driver's license or identification card application, or change of address. If the applicant chooses to register to vote or to update a voter registration record:

(i) The additional necessary information to apply to register to vote obtained by the driver's license examiner must not duplicate any information already obtained while completing the forms required to apply for or renew a driver's license, to apply for or renew an identification card or to change an address on an existing driver's license or identification card; and

(ii) A combined driver's license application and voter registration application with all of the applicant's voter registration information must be presented to the applicant to sign.

(3) For the purpose of this section, the Department of Public Safety, with the approval of the Secretary of State, shall prescribe a combined driver's license application and voter registration application. The application shall include the same content as the mail-in and agency voter registration application prescribed in this act, and language that will inform applicants that a decision to decline to register to vote will remain confidential and that if they choose to register to vote, the office to which the applicant applies shall be confidential and the location of the office shall be used only for registration purposes.

(4) The Department of Public Safety shall forward completed voter registration applications within five (5) days after receipt to the registrar of the county in which the office that processed or received the application is located. Alternatively, the Department of Public Safety may designate central or regional offices to which voter registration applications shall be sent from driver's license examining stations. The Department of Public Safety shall ensure that the central or regional offices distribute the applications so that they are received by the proper registrar within ten (10) days of receipt by the originating driver's license examining station, except that if a voter registration application is received by a driver's license examining station within five (5) days of a voter registration deadline, the Department of Public Safety shall ensure that the application is received by the proper county registrar within five (5) days of receipt by the driver's license examining station. A county registrar who receives a voter registration application from a driver's license examining station regarding an applicant who is not a resident of the registrar's county shall forward the application to the registrar of the proper county within five (5) days.

(5) The Department of Public Safety shall send with each driver's license renewal application, a voter registration application developed especially for the purposes of this section by the Department of Public Safety, with the approval of the Secretary of State, which meets the requirements of subsection (3) of this section.

(6) A person providing voter registration services at a driver's license examining station shall not:

(a) Seek to influence an applicant's political preference;

(b) Display any political preference or party allegiance;

(c) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(d) Disclose any applicant's voter registration information except as needed for the administration of voter registration.

(7) The Department of Public Safety shall collect data determined necessary by the Secretary of State for program evaluation and reporting to the Federal Election Commission pursuant to the National Voter Registration Act of 1993.

(8) The Department of Public Safety must ensure that all voter registration services provided by driver's license offices are in compliance with the Voting Rights Act of 1965.

SECTION 2. (1) As used in Sections 1 through 6 of this act, the term "voter registration agency" means a state agency office designated as provided in subsection (2) of this section to conduct voter registration activities in accordance with Section 3 of this act.

(2) Voter registration agencies include all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. Such offices include:

(a) Offices that provide services under the food stamp program and the Aid to Families with Dependent Children program administered by the Mississippi Department of Human Services;

(b) The Special Supplemental Food Program for Women, Infants and Children (WIC) program administered by the Mississippi Department of Health;

(c) The Medicaid program administered by the Governor's Office of Medicaid;

(d) The Mississippi Department of Rehabilitation Services; and

(e) Other agency offices, including but not limited to, public libraries or schools, as may be designated by the Secretary of State.

SECTION 3. (1) Each voter registration agency must provide a person the opportunity to register to vote or to update a voter registration record at the time the person applies for services or assistance from that agency, for renewal of the services or assistance, or for a change of address required with respect to the services or assistance.

(2) Each voter registration agency, other than a public library or school, must develop and provide each applicant with a form approved by the Secretary of State containing all of the following:

(a) The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"

(b) For agencies providing public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."

(c) Boxes or blanks for the applicant to check which indicate that:

(i) The applicant would like to register to vote or update a current voter registration; or

(ii) The applicant would like to decline to register to vote.

(d) The statement, "If you do not check any box, you will be considered to have decided not to register to vote or update a voter registration at this time."

(e) The statement, "If you would like help in filling out the voter registration application, we will help you. The decision whether to seek or accept help is yours. You may fill out the voter registration application in private."

(f) The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Secretary of State."

(g) The address and telephone number of the appropriate official in the Secretary of State's office where a complaint may be filed.

(h) A statement that all declinations will remain confidential and may be used only for voter registration purposes.

(i) A statement that informs the applicant who chooses to register to vote or update a voter registration record that the office at which the applicant submits a voter registration application or updates a voter registration record will remain confidential and may be used only for voter registration purposes.

(3) (a) A voter registration agency may use the mail-in voter registration application provided for in Section 23-15-47, or may create and use a voter registration application approved by the Secretary of State that meets the requirements of this act.

(b) A voter registration agency must provide to each applicant the voter registration application that the agency decides to use pursuant to paragraph (a) of this subsection. An applicant who indicates a desire to register to vote or update a voter registration record must be provided the same degree of assistance with regard to the completion of that voter registration application or update as is provided by the agency with regard to the completion of its own forms, unless the applicant refuses that assistance.

(4) If a voter registration agency provides services to a person with a disability at the person's home, the agency also shall provide voter registration services at the person's home.

(5) A voter registration agency must establish procedures for providing voter registration services to applicants who apply by telephone.

(6) A voter registration agency shall forward completed voter registration applications within five (5) days after receipt to the registrar of the county in which the agency that processed or received that application is located. Alternatively, voter registration agencies may designate central or regional offices to which voter registration applications shall be sent from local offices. The voter registration agency shall ensure that central or regional offices distribute the applications so that they are received by the proper registrar within ten (10) days of receipt by the local office of the voter registration agency, except that if a voter registration application is received by a voter registration agency within five (5) days of a voter registration deadline, the voter registration agency shall ensure that the application is received by the proper registrar within five (5) days of receipt by the local office of the voter registration agency. A registrar who receives a voter registration application from a voter registration agency regarding an applicant who is not a resident of the registrar's county shall forward the application to the registrar of the proper county within five (5) days.

(7) A voter registration agency must retain declinations for a period of two (2) years. Declinations shall not be considered a record of the client pursuant to the laws governing the agency's records.

(8) A person providing voter registration services for a voter registration agency shall not:

(a) Seek to influence an applicant's political preference;

(b) Display any political preference or party allegiance;

(c) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits;

(d) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(e) Disclose any applicant's voter registration information except as needed for the administration of voter registration.

(9) A voter registration agency shall collect data determined necessary by the Secretary of State for program evaluation and reporting to the Federal Election Commission pursuant to the National Voter Registration Act of 1993.

SECTION 4. (1) County registrars shall receive valid voter registration applications forwarded by voter registration agencies and the Department of Public Safety and shall place the name of persons whose valid applications have been forwarded to them twenty-five (25) days before any election on the pollbook so that the voter may vote at the election if the applicant is otherwise qualified to register to vote in the county.

(2) If the application indicates that the applicant lives within the corporate limits of a municipality within the registrar's county, the county registrar shall forward a duplicate copy of the application for registration and any changes to the registration when they occur, either by certified mail to the clerk of the applicant's present home address or by personal delivery to the clerk, provided that a numbered receipt is signed by the clerk in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, the clerk of the municipality shall register the applicant as a municipal elector and make a determination of the municipal voting precinct in which the applicant shall be registered to vote if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a municipal elector. The clerk shall send this municipal voting precinct information by United States first class mail, postage prepaid, to the applicant 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 copy of the application indicates that the applicant is not qualified to vote in the municipality, the clerk of the municipality shall deny the application and notify the applicant.

(3) The registration date for a valid application made through a driver's license examining station or a voter registration agency shall be the date when the application is made.

SECTION 5. (1) Voter registration applications required by Sections 1 through 3 of this act shall request the following information from the voter registration applicant:

(a) Full name,

(b) Present home address,

(c) Mailing address (if different),

(d) Race (White, Black, Asian, Native American, Hispanic, Other),

(e) Date of birth,

(f) Daytime telephone number, if available,

(g) Social Security number (optional),

(h) Applicant's previous name (if applicable),

(i) Address where applicant was previously registered to vote (if applicable),

(j) Signature (or mark) of applicant, and

(k) Date of signature.

(2) In addition, the voter registration applications shall contain the following voter declaration, with the warning below to appear in boldface print:

Warning: False registration is a felony. The penalty for conviction of false registration is imprisonment for not more than five (5) years, or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

I certify that:

(a) I am a United States citizen.

(b) I will have lived in this state and county for at

least thirty (30) days before voting, and if a resident of a municipality, I will have lived in the municipality for at least thirty (30) days before voting.

(c) I have never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, or I have had my rights restored as required by law.

(d) I have not been declared mentally incompetent by a court.

(e) Furthermore, I certify that I am at least eighteen (18) years old (or I will be before the next general election), that the above information given by me is true and correct and that I have answered truly all questions in the foregoing application for registration, and that I will faithfully support the Constitutions of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same.

(3) If the applicant is unable to sign the application due to a physical disability, illiteracy or blindness, any person over the age of eighteen (18) may sign the applicant's name at the request of the applicant and in the applicant's presence. A person who signs for an applicant shall be required to sign his or her name.

SECTION 6. The Secretary of State shall design or approve the design of any voter registration applications required by this act. The content of mail-in voter registration applications and the agency voter registration applications may be uniform. All agency voter registration applications shall be identical in design, color, size and weight of paper such that applications originating in one agency shall be indistinguishable from those applications originating in any other agency.

SECTION 7. (1) Each county registrar shall ensure that any qualified applicant for voter registration is registered to vote. Once a voter is registered, the name of that voter shall not be removed from the registration books and pollbooks except (a) at the written request of the voter, (b) by reason of the voter's conviction of a disenfranchising crime as provided in Section 241, Mississippi Constitution of 1890, or as may be provided by legislation adopted pursuant to Section 244-A, Mississippi Constitution of 1890, (c) by reason of adjudication of the voter as mentally incapacitated with respect to voting, (d) by death of the voter, or (e) pursuant to a registration book and pollbook maintenance program or other registration book and pollbook maintenance activity conducted pursuant to law.

(2) Information received by an election commission from an election official in another jurisdiction indicating that a voter in the election commission's county has registered to vote in another jurisdiction shall be considered as a written request from the voter to have the voter's name removed from the registration books and pollbooks of the election commission's county.

(3) Each election commission shall maintain for at least two (2) years, and make available for public inspection and copying, all records concerning implementation of registration book and pollbook maintenance programs and activities conducted pursuant to Section 9 of this act. The records must include lists of the name and address of each person to whom an address confirmation final notice was sent and information as to whether each person responded to the mailing, but must not include any information that is confidential or exempt from the Mississippi Public Records Act of 1983.

SECTION 8. The Secretary of State shall prescribe certain registration book and pollbook maintenance forms to be used by the election commission, which must include:

(a) An address confirmation which must be a nonforwardable mailing that shall contain the voter's name and address of legal residence as shown on the voter registration record and must contain a request that the election commission be informed if either the name or the address of legal residence of the voter is incorrect.

(b) An address confirmation final notice, which must be sent by forwardable mail and must contain a postage prepaid, preaddressed return form and must contain language which states the equivalent of the following:

(i) That if the voter has not changed his or her address of legal residence or has changed address of legal residence within the county, or has changed his or her legal name, the voter should return the return form within thirty (30) days after the date of the notice;

(ii) That if the return form is not returned and the voter does not offer to vote by the second federal general election thereafter, the voter's name will be removed from the voter registration books;

(iii) That if the voter has changed his or her address of legal residence to a location outside the county the voter should return the form, which will serve as a request to be removed from the registration books, and the voter will be provided with information on how to register in the new jurisdiction in order to be eligible to vote;

(iv) That if the card is not returned, the voter may be required to vote by affidavit ballot in any subsequent election up to the second federal general election after the confirmation mailing is sent.

SECTION 9. (1) County election commissions shall conduct an ongoing general registration book and pollbook maintenance program to protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records. The program must be uniform, nondiscriminatory and in compliance with the Voting Rights Act of 1965.

(2) County election commissions shall incorporate one or both of the following procedures in their registration list maintenance program: (a) a procedure by which change-of-address information supplied by the United States Postal Service through its licensees is used to identify registered voters whose addresses might have changed, or (b) a procedure by which change-of-address information is identified from returned nonforwardable, return-if-undeliverable mail sent to all registered voters in the county.

(3) A registration book and pollbook maintenance program shall be conducted by each election commission at least once each year and shall be completed not later than ninety (90) days before the date of any federal election. A voter's name may not be removed from the registration books or pollbooks later than ninety (90) days before the date of a federal election; however, that nothing in this section shall prohibit the removal of the name of a voter from the voter registration books and pollbooks at any time and without prior notification upon the written request of the voter, by reason of conviction of the voter of a disenfranchising crime, by reason of adjudication of the voter as mentally incapacitated with respect to voting, by reason of the death of the voter or by failure of the voter to meet any other qualification required of persons to vote.

(4) (a) If the county election commission receives change-of-address information from one of the procedures authorized in subsection (2) of this section, from jury notices returned to the courts, or on the basis of any other factual determination by the county election commission that indicates the voter has moved from one location to another within the registrar's county, the election commission shall change the registration records to show the new address and shall send the voter a notice of the change by forwardable mail on which the registrant may verify or correct the address information.

(b) If the county election commission receives change-of-address information from one of the procedures authorized in subsection (2) of this section or from jury notices returned to the courts or on the basis of any other factual determination by the county election commission that indicates the voter has moved outside the registrar's county or receives change-of-address information that contains no forwarding address, the county election commission shall send an address confirmation final notice to the last known address of the voter and designate the voter as inactive. The registrar shall redesignate the voter as active if, within the next two (2) federal general elections after the address confirmation final notice is sent, the voter (i) returns the postage prepaid, preaddressed return form and indicates that his or her residence is in the registrar's county, (ii) votes by affidavit ballot in the registrar's county as authorized by subsection (5) of this section at an election that is conducted in the registrar's county, (iii) changes his or her voter registration to another location in the registrar's county, or (iv) properly requests an absentee ballot for an election that is conducted in the registrar's county. If the voter is not redesignated as active within the next two (2) federal general elections after the address confirmation final notice is sent, the county election commission shall remove the voter from the registration books and pollbooks.

(5) A voter who has been designated as inactive may vote at the precinct in which he or she resides by affidavit ballot at any election that occurs within the next two (2) federal general elections after the address confirmation final notice is sent, and may change his or her name or address of legal residence at the polls by completing the affidavit ballot.

(6) Voters designated as inactive shall not be used to calculate the number of signatures needed on any petition.

SECTION 10. The names of all electors whose registration has been cancelled pursuant to the provisions of Section 23-15-159, before the effective date of this act shall be placed on the inactive list required by Section 9 of this act. If the electors are not redesignated as active within the following two (2) federal elections, their names shall be removed from the registration books and pollbooks.

SECTION 11. All declinations to register to vote made pursuant to this act are confidential and shall be exempt from the provisions of the Mississippi Public Records Act of 1983 and may be used only for voter registration purposes.

SECTION 12. Information relating to the place where a person registered to vote, submitted a voter registration application, or updated a voter registration is confidential and shall be exempt from the provisions of the Mississippi Public Records Act of 1983. SECTION 13. For purposes of the National Voter Registration Act of 1993, the Secretary of State is designated as Mississippi's chief election officer.

SECTION 14. All registrars and county election commissions shall provide information as requested by the Secretary of State for program evaluation and reporting to the Federal Election Commission pursuant to the National Voter Registration Act of 1993.

SECTION 15. The Secretary of State shall have printed mail-in voter registration applications for the purpose of organized voter registration programs. The mail-in voter registration programs shall be provided to sponsors of organized voter registrations either without cost or at a sum not to exceed the actual costs of printing the applications.

SECTION 16. Any persons applying to register or attempting to register to vote at an agency office who wish to file a complaint that someone has interfered with their right to register, the right to decline to register, their right to privacy in deciding whether to register or in applying to register to vote, may file a complaint with the Secretary of State. The Secretary of State shall attempt to resolve any complaint informally. If warranted, the Secretary of State may forward the complaint to the appropriate district attorney and the United States Department of Justice.

SECTION 17. Section 23-15-11, Mississippi Code of 1972, is amended as follows:

23-15-11. Every inhabitant of this state, except idiots and insane persons, 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 offers to vote, and for thirty (30) days * * * in the incorporated city or town in which he offers to vote, and who shall have been duly registered as an elector by an officer of this state under the laws thereof, and who has never been convicted 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. 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 then thirty (30) days prior to the primary election associated with such general election, may vote in such primary election even though such person has not reached his or her eighteenth birthday at the time such person offers to vote at such primary election. No others than those above included shall be entitled, or shall be allowed, to vote at any election.

SECTION 18. 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 shall be entitled to have his registration transferred to his new ward or voting precinct upon making written request therefor at any time up to thirty (30) days before the election at which he offers to vote, and if the removal occurs within thirty (30) days of the election he shall be entitled to vote in his new ward or voting precinct by affidavit ballot as provided in Section 23-15-573.

SECTION 19. 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 registrar on the registration books of the voting precinct of the residence of the person.

(2) Every person entitled to be registered as an elector in compliance with the laws of this state and who has delivered to the registrar a properly completed Federal Mail-In Voter Application printed in conformity with the National Voter Registration Act of 1993 shall be registered by the registrar on the registration books of the voting precinct of the residence of the person.

SECTION 20. 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 before any election. The postmark date of a mailed application shall be the date of registration. * * * An applicant * * * is subject to the penalties provided in Section 23-15-17 for false registration. Any person who willfully swears falsely to any material matter on a mail-in application is guilty of perjury and, upon conviction thereof, shall be punished as provided in Section 97-9-61.

(b) Upon receipt of a mail-in application, the county registrar shall stamp the application with the date of receipt * * *.  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, specifying the county voting precinct, 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. The registrar shall assign a voter registration number to the person, which shall be that person's Social Security number if it is provided, and the voter registration number shall be clearly shown on the application and 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.

 * * *

(e) If the mail-in application of a person is subject to rejection for any of the reasons set forth in paragraphs (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 precinct, advise the applicant of his new precinct, polling place and supervisor district, and notify the municipal clerk of any * * * changes on a monthly basis.

(3) The instructions and the application form for voter registration by mail shall be prescribed by the Secretary of State and shall contain, at a minimum, the * * * information required of certain other voter registration applications by Section 5 of House Bill No. , 1998 Regular Session.

 * * *

(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 * * * applications, and all public libraries.

 * * *

(b) 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 may 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 or microfiche.

(6) If the mail-in application indicates that the applicant lives within the corporate limits of a municipality within the registrar's county, the county registrar shall forward notice of registration, a duplicate copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the clerk of the municipality indicated in the application or by personal delivery to the clerk, provided that a numbered receipt is signed by the clerk in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, * * * the clerk of the municipality shall register the applicant as a municipal elector and make a determination of the municipal voting precinct in which the person making the application shall be required to vote if a review of same indicates that the applicant meets all the criteria necessary to qualify as a municipal elector. The clerk shall send this municipal voting precinct information by United States first-class mail, postage prepaid, to the applicant 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 copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the municipality, the clerk of the municipality shall deny the application and notify applicant.

(7) If the application indicates that the applicant has registered to vote in another county or state, the registrar or clerk shall send written notice of this new registration by regular United States mail to the registrar or clerk of the county stated by the voter as the voter's previous place of registration. The information shall include the complete name, address and age of the voter and shall include the Social Security number of the voter if it has been previously supplied. The election commission of the voter's previous place of registration shall be responsible for having the voter's name erased from the appropriate registration book and pollbook.

SECTION 21. 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 or through a driver's license examining station as authorized by Section 1 of House Bill No. , 1998 Regular Session, or through a voter registration agency as defined in Section 2 of House Bill No. , 1998 Regular Session, shall be made upon a triplicate form in the following words and figures:

"APPLICATION FOR REGISTRATION

(You may receive assistance in filling out this form from any person of your choosing. It is not necessary that this form be filled out in the presence of the registrar, however, the oath must be executed in the presence of the registrar or his deputy.)

1. What is your full name, including maiden name, if you have one? _______________________________________________________

2. Please give your Social Security number. _______________

3. What is your date of birth, if known? __________________

4. Are you a citizen of the United States? ________________

5. What is your present residence address and each place you have resided during the past year, stating when you lived at each place, and specifying the municipality or community, the street name and number and/or any other designation which accurately describes the geographic location of your present residence address?

(a) Present address: ________________________________

From ___________________________ (month) to date.

(b) Previous address: _______________________________

From ____________ (month) to ___________ (month).

(c) Previous address: _______________________________

From ____________ (month) to ___________ (month).

(If you need additional space, use the back side of this form.)

6. What is your present mailing address? _________________

7. Are you now a resident of this state and county? ______

8. Do you now reside within the corporate limits of a municipality located within this county? _______________________

9. Have you ever registered to vote before in any other county or state? If so, give the last place or last two (2) places if registered more than once. __________________________

10. Have you ever been convicted of the crime of murder, rape, bribery, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy? _________

11. The following questions may be answered by you at your option and are solely for the purpose of aiding in registering you in the proper precinct:

(a) Are there any registered voters living at your present residence? __________ If so, give the name of each * * * person. _______________________________________________________

(b) Do you have a telephone at your present residence? _____________________ If so, give the telephone number of the telephone._____________________________________________________

12. Will you need assistance on election day? ________ If yes, for which of the following reasons: permanently physically disabled ________; other (please describe) ____________________ _______________________________________________________________.

After you have answered 1 through 12 above, sign or make your mark on the following oath in the presence of the registrar or deputy registrar.

STATE OF MISSISSIPPI

COUNTY OF _________

I do solemnly swear (or affirm) that I am at least eighteen (18) years old (or I will be before the next general election in this county), and that I am now in good faith a resident of this state and of _____ Election Precinct in this county, and that I am not disqualified from voting by reason of having been convicted of any crime listed in question 10 of the application; that I have truly answered all questions propounded to me in the foregoing application for registration, and that I will faithfully support the Constitutions of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same. So help me God.

Applicant sign here: ______________________

SWORN TO AND SUBSCRIBED before me, this the ___ day of ________ 19__.

______________________ (Registrar)

By ___________________ (Deputy Registrar)"

(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.

(3) If the reply to question 8 above is affirmative, the county registrar 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 clerk of the municipality indicated in the present residence address stated in answer to question 5(a) above or by personal delivery to the clerk provided that a numbered receipt is signed by the clerk in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, * * * the clerk of the municipality shall make a determination of the municipal voting precinct in which the person making the application shall be required to vote if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a municipal elector. The clerk shall send this 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 copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the municipality, the clerk of the municipality shall challenge the application. The municipal election commissioners of the municipality shall review any * * * challenge or disqualification after having notified the applicant by certified mail of the challenge or disqualification.

(4) If the reply to question 9 above is affirmative, the registrar or clerk shall on a monthly basis send notice of this new registration to the registrar or clerk of the county stated in question 9 as the voter's previous place of registration. The election commission of the voter's previous place of registration shall be responsible for having the voter's name erased from the appropriate registration book and pollbook.

(5) The registrar shall issue to the person making the application a copy of the application upon which has been written the county voting precinct in which the person shall vote. The registrar shall assign a voter registration number to the person, which shall be that person's Social Security number if the a number is provided, and the voter registration number shall be clearly shown 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 applications 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) 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, provided that the application is not challenged as provided for therein.

(8) In any case in which a municipality expands its corporate boundaries by annexation, the municipal clerk shall, within ten (10) days after the effective date of the annexation, forward to the county registrar a map which accurately depicts the annexed area. The county registrar shall, within ten (10) days after the receipt of the map, forward to the municipal clerk a copy of the most recent county precinct or subprecinct pollbook for the county precincts in which the annexed area is included, or equivalent computer data or information as will permit the identification of county electors who reside in the annexed area. The municipal clerk shall add those county electors who have resided in the annexed area for at least thirty (30) days after annexation to the municipal registration books as registered voters of the municipality and shall forward to such persons written notification of the addition and of the municipal precinct or ward in which such persons reside.

SECTION 22. Section 23-15-153, Mississippi Code of 1972, is amended as follows:

23-15-153. (1) At the following times the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and, in accordance with the ongoing general registration book and pollbook maintenance program prescribed by Section 9 of House Bill No. , 1998 Regular Session, shall erase from those books the names of all persons erroneously on the books, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and 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 persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration and pollbooks. Except as otherwise provided by Section 23-15-573, a person shall not vote at any election if his name is not on the pollbook.

(2) Except as provided in subsection (3) of this section, and subject to the following annual limitations, the commissioners of election shall be entitled to receive a per diem in the amount of Seventy Dollars ($70.00), 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 the revision of the registration books and pollbooks as required in subsection (1) of this section:

(a) In counties having less than ten thousand (10,000) qualified electors, not more than thirty-five (35) days per year;

(b) In counties having ten thousand (10,000) qualified electors but less than twenty thousand (20,000) qualified electors, not more than fifty (50) days per year;

(c) In counties having twenty thousand (20,000) qualified electors but less than fifty thousand (50,000) qualified electors, not more than sixty-five (65) days per year;

(d) In counties having fifty thousand (50,000) qualified electors but less than seventy-five thousand (75,000) qualified electors, not more than eighty (80) days per year;

(e) In counties having seventy-five thousand (75,000) qualified electors but less than one hundred thousand (100,000) qualified electors, not more than ninety-five (95) days per year;

(f) In counties having one hundred thousand (100,000) qualified electors but less than one hundred twenty-five thousand (125,000) qualified electors, not more than one hundred ten (110) days per year;

(g) In counties having one hundred twenty-five thousand (125,000) qualified electors but less than one hundred fifty thousand (150,000) qualified electors, not more than one hundred twenty-five (125) days per year;

(h) In counties having one hundred fifty thousand (150,000) qualified electors but less than one hundred seventy-five thousand (175,000) qualified electors, not more than one hundred forty (140) days per year;

(i) In counties having one hundred seventy-five thousand (175,000) qualified electors but less than two hundred thousand (200,000) qualified electors, not more than one hundred fifty-five (155) days per year;

(j) In counties having two hundred thousand (200,000) qualified electors or more, not more than one hundred seventy (170) days per year.

(3) The commissioners of election shall be entitled to receive a per diem in the amount of Seventy Dollars ($70.00), 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 registration books and pollbooks before any special election. For purposes of this subsection, 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 subsection.

(4) Subject to the following limitations, the commissioners of election shall be entitled to receive a per diem in the amount of Seventy Dollars ($70.00), 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:

(a) In counties having less than ten thousand (10,000) qualified electors, not more than fifteen (15) days per election;

(b) In counties having ten thousand (10,000) qualified electors but less than twenty-five thousand (25,000) qualified electors, not more than twenty-five (25) days per election;

(c) In counties having twenty-five thousand (25,000) qualified electors but less than fifty thousand (50,000) qualified electors, not more than thirty-five (35) days per election;

(d) In counties having fifty thousand (50,000) qualified electors but less than seventy-five thousand (75,000) qualified electors, not more than forty-five (45) days per election;

(e) In counties having seventy-five thousand (75,000) qualified electors but less than one hundred thousand (100,000) qualified electors, not more than fifty-five (55) days per election;

(f) In counties having one hundred thousand (100,000) qualified electors but less than one hundred fifty thousand (150,000) qualified electors, not more than sixty-five (65) days per election;

(g) In counties having one hundred fifty thousand (150,000) qualified electors but less than two hundred thousand (200,000) qualified electors, not more than seventy-five (75) days per election; and

(h) In counties having two hundred thousand (200,000) qualified electors or more, not more than eighty-five (85) days per election.

It is the intention of the Legislature that the conduct of an election as required by law and as compensated in this subsection is a separate and distinct function from the purging and revision of the registration and pollbooks as required by subsection (1) of this section and the compensation for those revisions provided by subsection (2) of this section.

(5) The commissioners of election shall be entitled to receive only one (1) per diem payment for those days when the commissioners of election discharge more than one (1) duty or responsibility on the same day.

(6) The county commissioners of election may provide copies of the registration books revised pursuant to this section to the municipal registrar of each municipality located within the county.

SECTION 23. Section 23-15-159, Mississippi Code of 1972, which requires that the names of persons who have not voted in at least one (1) election in the last four (4) successive years be erased from the registration books and pollbooks, is repealed.

SECTION 24. 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 District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 25. 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.