1998 Regular Session
To: Apportionment and Elections
By: Representative Denny
House Bill 1005
AN ACT TO REQUIRE THE REGISTRAR OF EACH COUNTY TO CONDUCT A NEW REGISTRATION OF ALL VOTERS OF THE COUNTY WITHIN TWO YEARS AFTER THE COMPLETION OF EACH FEDERAL DECENNIAL CENSUS; TO REQUIRE THE CANCELLATION OF THE REGISTRATION OF PERSONS WHO DO NOT REGISTER WITHIN THREE MONTHS AFTER THE NEW REGISTRATION; TO ALLOW ANY PERSON WHOSE REGISTRATION IS SO CANCELLED TO VOTE AT ANY ELECTION BY AFFIDAVIT BALLOT; TO PROVIDE THAT A VOTE BY AFFIDAVIT BALLOT SHALL SERVE TO REREGISTER THE PERSON; TO REQUIRE THE DATE OF THE NEW REREGISTRATIONS TO BE SET BY THE COMMISSIONERS OF ELECTION SO AS NOT TO INTERFERE WITH ANY ELECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Within two (2) years after the completion of each federal decennial census, the registrar of each county shall conduct a new registration of all the voters of the county.
(2) The commissioners of election shall cancel the registration of all electors who have not reregistered within three (3) months after the new registration is begun, and the names of the electors shall be erased from the registration books and pollbooks. A list of the names of all electors that have been erased from the registration books and pollbooks shall be compiled and attached to the registration books as provided in Section 23-15-159(2)(c).
(3) Any elector whose registration has been canceled pursuant to the provisions of subsection (1) of this section may cast, at any election, a vote by affidavit ballot in the same manner as set forth in Section 23-15-573. The affidavit ballot shall be counted at the election in which it is cast, if not otherwise disqualified, and the name of the person shall be reentered on the registration books and pollbooks if the person is not otherwise disqualified. As an alternative to casting an affidavit ballot, any elector whose registration has been canceled pursuant to this section may reregister in the manner provided by Sections 23-15-31 through 23-15-47.
(4) The exact date on which any new registration conducted pursuant to subsection (1) of this section shall begin, shall be set by the commissioners of election so as not to interfere with any election.
(5) Notwithstanding the provisions of this section, a person who has been registered by a federal registrar may not be removed except in conformity with any federal law, rules or regulations providing for the removal of names from the registration books.
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.