MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Apportionment and Elections

By: Representative Denny

AN ACT TO ESTABLISH A SYSTEM OF EARLY VOTING FOR ANY PRIMARY, SPECIAL OR GENERAL ELECTION; TO PROVIDE THAT EARLY VOTING WILL BE MADE AVAILABLE BEGINNING THE FIRST TUESDAY AFTER THE FIRST MONDAY IN THE MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE PRIMARY OR GENERAL ELECTION IS HELD AND CONTINUING THROUGH THE CLOSE OF THE BUSINESS DAY ON THE DAY IMMEDIATELY PRECEDING THE REGULAR ELECTION DAY; TO PROVIDE THAT THE CIRCUIT CLERK SHALL PROVIDE AN EARLY VOTERS' POLLING PLACE IN THE OFFICE OF THE CIRCUIT CLERK; TO REQUIRE THAT TWO ELECTION MANAGERS BE PROVIDED FOR EACH EARLY VOTERS' POLLING PLACE FOR EACH PRIMARY ELECTION; TO PROVIDE THAT THE ELECTION MANAGERS FOR EARLY VOTERS' POLLING PLACES IN A PRIMARY ELECTION SHALL BE CHOSEN BY THE EXECUTIVE COMMITTEE OF EACH POLITICAL PARTY; TO PROVIDE THAT ANY POLITICAL PARTY OR CANDIDATE ENTITLED TO HAVE POLL WATCHERS AT A POLLING PLACE SHALL HAVE THE RIGHT TO MAINTAIN ONE POLL WATCHER AT THE EARLY VOTERS' POLLING PLACE; TO PROVIDE THAT PERSONS VOTING BY EARLY VOTERS' BALLOT MAY BE CHALLENGED IN THE SAME MANNER AS OTHER VOTERS ARE CHALLENGED ON ELECTION DAY; TO PROVIDE THAT BALLOT BOXES FOR EARLY VOTING SHALL BE LOCKED AND SEALED EACH NIGHT WITH A NUMBERED SEAL UNDER THE SUPERVISION OF THE CIRCUIT CLERK; TO AMEND SECTIONS, 23-15-11, 23-15-353 AND 23-15-363, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 23-15-627, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN CRITERIA FOR VOTING BY ABSENTEE BALLOT; TO REQUIRE A VOTER VOTING BY ABSENTEE BALLOT TO LIST HIS TELEPHONE NUMBER; TO REQUIRE A VOTER REQUESTING AN APPLICATION TO VOTE BY ABSENTEE BALLOT TO LIST HIS ADDRESS AND TELEPHONE NUMBER TO AMEND SECTION 23-15-713 AND 23-15-715, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

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

SECTION 1. Early voting shall be made available by the circuit clerk to any eligible elector beginning on the first Tuesday after the first Monday in the month immediately preceding the month in which any primary or general election is held and continuing through the close of the regular business day on the day immediately preceding the regular election day, excluding Saturdays, Sundays and legal holidays, except as provided in Section 233-15-653. Qualified voters who appear in person at the early voters' polling place during this time may cast their ballots in the same manner as any ballot would be cast in a precinct polling place on election day.

SECTION 2. Each circuit clerk shall provide an early voters' polling place in the office of the circuit clerk, which shall be accessible to persons with disabilities and which shall be provided with ballot boxes or voting machines, and other necessary supplies as provided by law for precinct polling places. Notice of early voting shall be signed by the circuit clerk and shall be published once a week for at least three (3) consecutive weeks, in at least one (1) newspaper published in the county. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the start of early voting and the last publication shall be made not more than seven (7) days before that date. If a newspaper is not published in the county, then the notice shall be given by publishing the notice for the required time in a newspaper having a general circulation in the county, and in addition, by posting a copy of the notice for at least twenty-one (21) days next preceding the date fixed for the start of early voting at three (3) public places in the county. SECTION 3. For primary elections the circuit clerk shall authorize two (2) election managers for the early voters' polling place. The executive committee of each political party shall choose one (1) manager.

SECTION 4. Any political party, candidate, or proponents or opponents of a ballot issue entitled to have poll watchers at polling places shall each have the right to maintain one (1) poll watcher at the early voters' polling place during the casting of early voters' ballots and the counting of early voters' ballots on election day.

SECTION 5. The right to vote of any person voting by early voters' ballot may be challenged in the same manner and for the same causes as voters are challenged on election day.

SECTION 6. Ballot boxes for early voting shall be locked and sealed each night with a numbered seal under the supervision of the circuit clerk. When a seal is broken, the circuit clerk and a person who shall not be of the same political party as the designated election official shall record the number of the seal, and maintain the seal along with an explanation of the reasons for breaking the seal.

SECTION 7. None of the provisions of early voting as established in Sections 1 through 6 of this act, shall be construed to repeal, amend or conflict with Chapter 15, Title 23, Mississippi Code of 1972, but shall be subject to and governed by the provisions of Chapter 15, Title 23, Mississippi Code of 1972, where applicable.

SECTION 8. 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 supervisor's district or 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 before the primary election associated with the general election, may vote in the primary election or at the early voters' polling place even though that person has not reached his or her eighteenth birthday at the time such person offers to vote at the primary election or at the early voters' polling place. No others than those above included shall be entitled, or shall be allowed, to vote at any election.

SECTION 9. Section 23-15-363, Mississippi Code of 1972, is amended as follows:

23-15-363. After the proper officer has knowledge of or has been notified of the nomination, as provided, of any candidate for office, the officer shall not omit his name from the ballot, unless upon the written request of the candidate nominated, made at least ten (10) days before the day early voting is to begin as provided in Section 1 of this act; and in no case after the ballot has been printed; and every ballot shall contain the names of all candidates nominated as specified, and not duly withdrawn.

SECTION 10. Section 23-15-353, Mississippi Code of 1972, is amended as follows:

23-15-353. The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least forty-five (45) days before the day of election, the number of registered voters in each voting precinct; and he shall have printed and distributed a sufficient number of ballots for use in each early voters' polling place and in each precinct. He shall * * * prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall be printed in large, clear type, on "cards of instruction," and the officer shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the commissioners of election; and they may be used, if applicable, in subsequent elections.

SECTION 11. Section 23-15-627, Mississippi Code of 1972, is amended as follows:

23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive a ballot. The application shall be substantially in the following form:

"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT

SEQUENTIAL APPLICATION NUMBER __________

I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):

( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.

( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.

( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.

( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.

( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.

( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.

( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.

( ) I am ( ) temporarily disabled or ( ) permanently disabled and ( ) voting in person could likely create a medical danger to myself or to others or ( ) voting in person would be a substantial hardship to myself as the result of my disability.

 * * *

( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day.

( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.

I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____. Send 'Absent Elector's Ballot' to me (1) at the following address _____________, or (2) deliver same to me in person. (Strike (1) or (2), whichever is inapplicable.)

I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)

If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.

DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)

In witness whereof I have hereunto set my hand and seal this the ____ day of ______, 19__.

_________________________________

(Signature of absent elector)

_________________________________

(Address as registered)

_________________________________

(Telephone Number)

_________________________________

(Current residence address)

_________________________________

(Social Security number)-(Optional)

SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 19__.

_________________________________

(Official authorized to administer oaths for absentee balloting or witness in the case of an elector temporarily or permanently disabled.)"

A perforated stub shall be attached to the top of the application to be retained by the registrar which shall contain the following information:

"Application for Absentee Ballot for:

____________________________ ____________________________

(Name) (Address)

Sequential Application Number _________________________________

Requested by: _______________________________

(Signature)

_______________________________

(Address)

_______________________________

(Telephone Number)

Relationship to Voter: ______________________

Requested by: _____ Phone _____ Fax _____ In Person (check one)

Date of Request _______________________

Date of Election ______________________

Type of Ballot ____ Democratic Primary ____ Republican Primary

____ General Election ____ Special Election"

SECTION 12. Section 23-15-713, Mississippi Code of 1972, is amended as follows:

23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if he is one who falls within the following categories:

(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at the institution necessitates his absence from the county of his voting residence on the date of any primary, general or special election, or the spouse and dependents of the student, teacher or administrator if the spouse or dependent(s) maintain a common domicile, outside of the county of his voting residence, with the student, teacher or administrator.

(b) Any qualified elector who is required to be away from his place of residence on any election day due to his employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.

(c) Any person who has a temporary or permanent physical disability and who, because of the disability, is unable to vote in person without substantial hardship to himself or others, or whose attendance at the voting place could reasonably cause danger to himself or others.

(d) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his county of residence or more than fifty (50) miles distant from his residence, if the parent, spouse or dependent will be with that person on election day.

(e) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of the member of the congressional delegation.

 * * *

SECTION 13. Section 23-15-715, Mississippi Code of 1972, is amended as follows:

23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:

(a) Not more than forty-five (45) days nor later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days, he shall appear in person before the registrar of the county in which he resides, or for municipal elections he shall appear in person before the city clerk of the municipality in which he resides and, when the elector so appears, he shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot, except that if the ballot has not been printed by forty-five (45) days preceding the election, the elector may appear and file an application anytime before the election. Then the absentee ballot shall be mailed by the circuit clerk to the elector as soon as the ballot has been printed.

(b) Within forty-five (45) days next before any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability * * * or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence and the parent, spouse or dependent will be with that person on election day, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability * * * or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence, and the parent, spouse or dependent will be with that person on election day, may obtain absentee ballots by mail under the provisions of this subsection and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, the application to be accompanied by the verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to the absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in the election, and with the ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.

SECTION 14. 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 15. 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.