2002 Regular Session
By: Senator(s) Bryan
AN ACT TO CREATE THE CRIME OF MULTIPLE VOTING; TO PROVIDE PENALTIES FOR VIOLATIONS; TO PROHIBIT MUNICIPALITIES FROM IMPOSING ADDITIONAL REQUIREMENTS ON ELECTED MUNICIPAL OFFICIALS; TO BRING FORWARD SECTION 1 OF HOUSE BILL NO. 1445, 2002 REGULAR SESSION, WHICH PROVIDES FOR STUDENT INTERNS TO ASSIST AT ELECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 1, House Bill No. 1445, 2002 Regular Session, is brought forward as follows:
Section 1. (1) The officials in charge of the election in a county or municipality may, in their discretion, appoint not more than two (2) students for each precinct to serve as student interns during elections. To be appointed a student intern a student must:
(a) Be recommended by a principal or other school official, or the person responsible for the student's legitimate home instruction program;
(b) Be at least sixteen (16) years of age at the time of the election for which the appointment is made;
(c) Be a resident of the county or municipality for which the appointment is made;
(d) Be enrolled in a public high school, an accredited private high school or a legitimate home instruction program and be classified as a junior or senior or its equivalent, or be enrolled in a junior college or a college or university; and
(e) Meet any additional qualifications considered necessary by the officials in charge of the election in the county or municipality.
(2) (a) The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; however, such duties shall not include:
(i) Determining the qualifications of a voter in case a voter is challenged;
(ii) The discharge of any duties related to affidavit ballots;
(iii) The operation and maintenance of any voting equipment;
(iv) Any duties normally assigned to a bailiff; or
(v) The tallying of votes.
(b) Student interns shall at all times be under the supervision of the managers and clerks of the election while performing their duties at precincts.
(3) Before performing any duties, student interns shall attend all required training for managers and clerks of the county or municipality and any additional training considered necessary by the officials in charge of the election in the county or municipality.
(4) As used in this section "officials in charge of the election" means the county or municipal executive committee, as appropriate, in primary elections and the county or municipal election commission, as appropriate, in all other elections.
SECTION 2. Any person who shall knowingly vote at any election in more than one (1) county or at more than one (1) place in any county, municipality or other political subdivision with the intent to have more than one (1) vote counted in any election shall be guilty of the crime of multiple voting and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.
SECTION 3. No municipality shall impose any additional requirements on holding any municipal elective office or receiving compensation for any elective office except as may be provided by law.
SECTION 4. 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 5. 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.