MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative West

AN ACT TO AMEND SECTION 23-15-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS CONVICTED OF CERTAIN CRIMES AND SENTENCED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS SHALL NOT BE REGISTERED TO VOTE; TO PROVIDE THAT ANY PERSON WHOSE NAME HAS BEEN ERASED FROM THE POLLBOOKS OR WHO HAS NOT BEEN REGISTERED DUE TO BEING CONVICTED OF SUCH CRIMES MAY REGISTER TO VOTE UPON BEING RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, EVEN IF RELEASED ON PAROLE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 23-15-19, Mississippi Code of 1972, is amended as follows:

23-15-19. Any person who has been convicted of any crime listed in Section 241, Mississippi Constitution of 1890, and who has been sentenced to the custody of the Department of Corrections for such crimes, shall not be registered, or if registered the name of such person shall be erased from the registration book on which it may be found by the registrar or by the election commissioners. Whenever any person shall be convicted in the circuit court of his county of any of said crimes, the registrar shall thereupon erase his name from the registration book; and whenever any person shall be convicted of any of said crimes in any other court of any county, the presiding judge thereof shall, on demand, certify the fact in writing to the registrar, who shall thereupon erase the name of such person from the registration book and file said certificate as a record of his office. However, upon release from the custody of the Department of Corrections, such person will be allowed to register to vote, even if he has been released on parole.

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.