MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Apportionment and Elections

By: Representative Denny

AN ACT 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 30 DAYS IN THE SUPERVISOR'S DISTRICT IN WHICH HE OFFERS TO VOTE; 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 30 DAYS BEFORE THE ELECTION; TO AMEND SECTION 23-15-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY PERSON WHO IS ENTITLED TO BE REGISTERED AS AN ELECTOR IN COMPLIANCE WITH THE LAWS OF THIS STATE AND WHO REGISTERS TO VOTE PURSUANT TO THE NATIONAL VOTER REGISTRATION ACT OF 1993 SHALL BE REGISTERED FOR ALL ELECTIONS BY THE REGISTRAR ON THE REGISTRATION BOOKS OF THE VOTING PRECINCT OF THE RESIDENCE OF THAT PERSON; TO PROVIDE THAT EVERY PERSON WHO IS ENTITLED TO BE REGISTERED AS AN ELECTOR IN COMPLIANCE WITH THE LAWS OF THIS STATE AND WHO HAS REGISTERED TO VOTE IN FEDERAL ELECTIONS PURSUANT TO THE NATIONAL VOTER REGISTRATION ACT OF 1993, BEFORE THE EFFECTIVE DATE OF THIS ACT, SHALL BE REGISTERED FOR ALL ELECTIONS BY THE REGISTRAR ON THE REGISTRATION BOOKS OF THE VOTING PRECINCT OF THE RESIDENCE OF THAT PERSON; TO PROVIDE THAT FOR PURPOSES OF THE NATIONAL VOTER REGISTRATION ACT OF 1993, THE STATE BOARD OF ELECTION COMMISSIONERS, WITH THE SECRETARY OF STATE DESIGNATED AS THE COORDINATOR, SHALL SERVE AS THE CHIEF ELECTION OFFICIALS; TO AMEND SECTION 23-15-47, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE SUPPLY MAIL-IN VOTER REGISTRATION FORMS TO EACH TAX ASSESSOR AND TO THE STATE TAX COMMISSION; TO AMEND SECTION 23-15-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REMOVAL OF NAMES FROM THE REGISTRATION BOOKS AND POLLBOOKS BASED ON A CHANGE IN THE RESIDENCE OF THE ELECTOR MUST BE DONE IN ACCORDANCE WITH THE PROCEDURES PROVIDED FOR BY THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO PROVIDE THAT ANY PERSON THAT HAS RECEIVED NOTICE OF THE SUSPENSION OF HIS REGISTRATION TO VOTE SHALL NOT RECEIVE ADDITIONAL NOTICE UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO PROVIDE THAT IF SUCH VOTER DOES NOT VOTE WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ACT OR BY DECEMBER 31, 1999, THEN HIS NAME SHALL BE REMOVED FROM THE VOTER ROLLS; TO PROVIDE THAT CIRCUIT CLERKS AND COUNTY ELECTION COMMISSIONERS SHALL SUPPLY MUNICIPAL CLERKS AND MUNICIPAL ELECTION COMMISSIONERS WITH THEIR LISTS OF VOTERS PURGED UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO REQUIRE ELECTORS TO PRESENT VALID IDENTIFICATION BEFORE VOTING; TO PROVIDE THAT ANY ELECTOR WITHOUT VALID IDENTIFICATION SHALL SIGN A STATEMENT UNDER OATH AFFIRMING THAT HE IS THE PERSON IDENTIFIED ON THE POLLBOOKS; 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. It is the intent of the Legislature to allow every eligible citizen of the State of Mississippi to participate in the election process and to make that participation as uncomplicated as possible. It is also the intent of the Legislature to maintain the integrity of the state's election laws while providing accessible voter registration and voting to the citizens of the State of Mississippi.

SECTION 2. 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 pursuant to Section 23-15-33, 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 than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though that person has not reached his or her eighteenth birthday at the time that person offers to vote at the primary election. No others than those above included shall be entitled, or shall be allowed, to vote at any election.

SECTION 3. 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 another 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 4. 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 registers to vote pursuant to the National Voter Registration Act of 1993 in this state shall be registered for all elections by the registrar on the registration books of the voting precinct of the residence of the person.

(3) Every person entitled to be registered as an elector in compliance with the laws of this state and who has registered to vote in federal elections pursuant to the National Voter Registration Act of 1993 in this state before the effective date of House Bill No. , 1998 Regular Session, shall be registered for all elections by the registrar on the registration books of the voting precinct of the residence of the person.

SECTION 5. For purposes of the National Voter Registration Act of 1993, the State Board of Election Commissioners, with the Secretary of State designated as the coordinator, shall serve as the chief election officials.

SECTION 6. 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 prior to any election. The postmark date of a mailed application shall be the date of registration. The application shall be witnessed by one (1) qualified elector in the county of the applicant's residence. The name, address and, if available, the daytime telephone number of the person witnessing the application must be legibly written or printed on the application. The witness shall not be a candidate for public office as of the date of the execution of the application. Any applicant or witness 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 such application with the date of receipt, and shall verify the application by contacting the applicant by telephone, by personal contact with the applicant, or by any other method approved by the Secretary of State. 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 such person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. Said registration cards shall be provided by the county registrar. The registrar shall assign a voter registration number to such person, which shall be that person's social security number if such a number is provided, and said voter registration number shall be clearly shown on the application and on the written notification of approval. In mailing such 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;

(vi) The county registrar is unable to verify the application pursuant to subsection (2)(b) of this section.

(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 such 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 such changes on a monthly basis.

(3) The instructions and the application form for voter registration by mail shall be in the following form and shall contain the following information:

"INSTRUCTIONS FOR MAIL-IN VOTER REGISTRATION

1. Anyone may assist you in completing the enclosed application.

2. A registered voter of your county who is not now a candidate for public office must complete and sign the 'Witness Signature and Certification' portion of the enclosed application.

3. All required information must be supplied in legible form.

4. The completed application must be mailed or delivered to the registrar of your county at least thirty (30) days before an election in order for you to be registered for that election. Applications which are mailed must be postmarked thirty (30) days prior to any election.

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

"APPLICATION FOR VOTER REGISTRATION BY MAIL

STATE OF MISSISSIPPI

I, ____________________, hereby apply for registration as a voter of ____________ County, Mississippi.

1. Full Name, including maiden name if you have one:

_____________________ (First, Middle and/or Maiden, Last)

2. Male ___ Female ___

3. Please give your Social Security Number: ______________

4. Date of Birth: _______________ 4a. Age: _____

5. Present Home Address:

(a) ______________________________ (Street and Number)

______________________________ (City, State, Zip)

(b) How long have you lived there?

From _________________ (month/year) to present.

(c) Do you now live in a city or town of this

county? _______ If so, which? _____________

(d) Telephone number, if available:

(i) Home telephone number _________________

(ii) Daytime or work telephone number _____________

6. Mailing Address: Give your current mailing address if different from your present home address:

_________________________(Box or Street and Number)

_________________________(City, State, Zip)

7. Previous Address: List your most recent address before your present address:

_______________________(Box or Street and Number)

_______________________(City, State, Zip)

From __________ (month/year) to ____________ (month/year)

8. Last Registration: Have you ever registered to vote before in any other county in Mississippi or in any other state?

_________ If yes, give the last place you were registered:

____________________________ (City, County, State)

9. Citizenship, Residence, Prior Convictions:

(a) Are you a citizen of the United States? _______

(b) Are you a resident of this state and county? ______

(c) 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? ___ If so, what State__________, County________? Date of conviction______.

10. Will you need assistance on election day?______. If yes, for which of the following reasons: permanently physically disabled______; other (please describe)____________________________ ________________________________________________________________.

11. Applicant Signature and Certification:

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 truly answered all questions in the foregoing application for registration, and that I will faithfully support the Constitution of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same.

Applicant sign here: _____________________

Date: _____________________________________

12. Witness Signature and Certification:

I certify that I am a registered voter in _____________ County, Mississippi, that I am not now a candidate for public office, and that the above named applicant signed this application for registration in my presence. I further certify that I have read the above application, and that the facts stated therein are true and correct to the best of my knowledge. I personally know the person who appeared before me or I have seen the person's identification. I understand that the penalty for knowingly procuring a person's registration who is not entitled to be registered, or is registered under a false name or in any other voting precinct than that in which he resides, is a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both.

Witness sign here: _______________________

Full name and address of witness (Print):

Name: _____________________________________

Address: _________________________ (Street and Number)

_________________________ (City, State, Zip)

Telephone number, if available:

Home telephone number _______________

Daytime or work telephone number _____________"

(4) (a) The Secretary of State shall prepare and furnish without charge the necessary forms for application for voter registration by mail in this state to each county registrar, municipal clerk, tax assessor, all public schools, each private school that requests such applications, and all public libraries.

(b) The Secretary of State shall distribute without charge sufficient forms for application for voter registration by mail in this state to the Commissioner of Public Safety, who shall distribute such forms to each driver's license examining and renewal station in the state, and shall ensure that the forms are regularly available to the public at such stations.

(c) 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 shall charge a person or organization the actual cost he incurs in providing bulk quantities of forms for application for voter registration in this state to such person or organization.

(d) The Secretary of State shall distribute sufficient forms for application for voter registration by mail in this state to the Chairman of the State Tax Commission, who shall mail one (1) application for voter registration with each individual income tax return that is mailed out to a taxpayer.

(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 reply to Question 5(c) above is affirmative, the county registrar shall forward notice of registration, a duplicate copy of the application for registration, and any changes to such 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(c) above or by personal delivery to such clerk, provided that a numbered receipt is signed by such clerk in return for the described documents. Upon receipt of the copy of the application for registration or changes to such registration, and if a review of same indicates that the applicant meets all the criteria necessary to qualify as a municipal elector, then the clerk of said 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. The clerk shall send this municipal voting precinct information by United States first-class mail, postage prepaid, to such 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 such municipality. If a review of the copy of the application for registration or changes to such registration indicates that the applicant is not qualified to vote in said municipality, the clerk of said municipality shall deny such application and notify applicant.

(7) If the reply to Question 8 above is affirmative, 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 in Question 8 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 such voter if it has been previously supplied. The election commission of the voter's previous place of registration shall be responsible for having such voter's name erased from the appropriate registration book and pollbook.

SECTION 7. 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 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; however, except as provided in Section 11 of House Bill No. , Regular Session of 1998, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook of the voting precinct of his or her residence.

(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 prior to 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 8. (1) A person who is entitled to be registered as an elector under the laws of this state may register to vote or update a voter registration record at any voter registration agency. For the purposes of this section, the term "voter registration agency" means:

(a) All state agencies that provide public assistance;

(b) All state agencies that provide state-funded programs primarily engaged in providing services to persons with disabilities.

(2) A voter registration agency shall not include and the State Board of Election Commissioners may not designate as a voter registration agency:

(a) The Mississippi Department of Corrections;

(b) The State Parole Board;

(c) Any county or municipal law enforcement officer or agency; or

(d) Any privately owned home health care organization, nursing home, hospital, pharmacy or clinic.

SECTION 9. The circuit clerks and county election commissioners shall supply annually and as needed their lists of voters purged under the National Voter Registration Act of 1993 to the municipal clerks and the municipal election commissioners.

SECTION 10. Any person who has been properly notified under Section 23-15-159, of the suspension of his registration due to failure to vote, shall not receive additional notification under the National Voter Registration Act of 1993. If the voter has not voted in any election by December 31, 1999, or two (2) years after the effective date of House Bill No. _____, 1998 Regular Session, whichever is later, then the voter's name shall be removed from the county and municipal voter rolls. Notice of any removal of names from the voter rolls under this section shall be given to the Secretary of State.

SECTION 11. (1) Each elector shall present valid identification to an election manager, or the circuit clerk or deputy circuit clerk in the case of absentee voting, before he shall be allowed to vote. Valid identification shall consist of any one of the following:

(a) A valid Mississippi driver's license;

(b) A valid identification card issued by a branch, department, agency or entity of the State of Mississippi;

(c) A valid United States passport;

(d) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency or entity of the United States Government, the State of Mississippi, or any county, municipality, board, authority, or other entity of this state;

(e) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of the employer's business;

(f) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Mississippi;

(g) A valid Mississippi license to carry a pistol or revolver;

(h) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States;

(i) A valid United States military identification card;

(j) A certified copy of the elector's birth certificate;

(k) A valid social security card;

(l) Certified naturalization documentation;

(m) Official voter registration card; or

(n) Any other generally recognized form of identification.

(2) If an elector is unable to produce any of the items of identification listed in subsection (1) of this section, he or she shall sign a statement under oath in a form approved by the State Board of Election Commissioners, swearing or affirming that he or she is the person identified on the pollbooks. One (1) of the election managers, or the circuit clerk or deputy circuit clerk in the case of absentee voting, shall sign the statement as a witness to the oath taken by the elector. The person shall be allowed to vote without undue delay. Any elector who falsely swears or affirms the statement prescribed in this subsection shall be guilty of a felony and, upon conviction, shall be fined not more than Five Thousand Dollars ($5,000.00), imprisoned not less than one (1) year, but not more than five (5) years, or both.

SECTION 12. 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 13. 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 14. 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.