2004 Regular Session
To: Apportionment and Elections
By: Representative Gunn, Ellington, Fillingane, Hamilton (6th), Staples, Reynolds
AN ACT TO AMEND SECTIONS 23-15-13 AND 23-15-573, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AFFIDAVIT BALLOTS SHALL SERVE AS A WRITTEN REQUEST TO CHANGE RESIDENCY FOR VOTING PURPOSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 voting precinct within the same county shall not be disqualified to vote, but he or she shall be entitled to have his or her registration transferred to his or her new ward or voting precinct upon either of the following occurrences: (a) the elector makes written request therefor at any time up to thirty (30) days prior to the election at which he or she offers to vote; or (b) he votes by affidavit ballot as provided in Section 23-15-573. In this case, the affidavit ballot, if valid, shall be deemed to be a written request to transfer his registration to his new ward or precinct, and the circuit clerk shall within thirty (30) days after the election transfer his registration to his new ward or precinct. Such an affidavit ballot, if valid, shall be counted in the election in which it is cast; however, before counting the ballot in the new precinct, the election commission, or county executive committee in a primary election, shall verify that the elector did not cast a ballot in his former precinct.
SECTION 2. Section 23-15-573, Mississippi Code of 1972, is amended as follows:
23-15-573. Any person whose name does not appear upon the pollbooks shall be permitted to vote in an election; but if any person offering to vote in any election whose name does not appear upon the pollbook shall make affidavit before one (1) of the managers of election in writing that he is entitled to vote, or that he has been illegally denied registration, his vote may be prepared by him and handed to the proper election officer who shall enclose the same in an envelope with the written affidavit of the voter, seal the envelope and mark plainly upon it the name of the person offering to vote. The affidavit must include the complete name, all required addresses and telephone numbers, and the signature of the affiant, and must include the signature of one (1) of the election managers. A separate register shall be maintained for affidavit ballots, and the affiant shall sign the register upon completing an affidavit under this section. In canvassing the returns of the election, the executive committee in primary elections, or the election commissioners, in a general election, shall examine the records and allow the ballot to be counted, or not counted, as it appears to be legal. The uniform affidavit ballot shall be deemed to be a request to transfer registration as provided in Section 23-15-13.
The uniform affidavit ballot shall be in substantially the following form:
AFFIDAVIT & BALLOT ENVELOPE
STATE OF MISSISSIPPI ___ Primary ____ General
COUNTY OF __________ ___ Special Elections ___________, 20____
Please give the following information: Date of Birth _____Age___
Social Security Number____________________________________________
Former Address___________________________Date of Move_____________
Day Phone Number__________________Night Phone Number______________
This day personally appeared before the undersigned manager of the above election, __________________________, who makes
affidavit as provided by Section 23-15-573, Mississippi Code of 1972, that he or she is entitled to vote or has been illegally denied registration.
INSTRUCTIONS TO VOTER:
If you have been illegally denied registration
check this box o;
If you are registered and otherwise entitled to vote,
check the appropriate box below.
o I. FOR VOTERS WHO ARE REGISTERED IN THIS PRECINCT WHO HAVE NOT MOVED
I am entitled to vote because I am a resident of and lawfully registered in this precinct but my name is not on the pollbook.
o II. FOR VOTERS WHO HAVE MOVED WITHIN SUPERVISORS DISTRICT
I am entitled to vote because I have been lawfully registered in _________________________ County and the supervisors district wherein this precinct is located for at least thirty (30) days prior to this date, and am not disqualified as a voter of this precinct. I currently reside in this precinct at
Address (physical location-not a post office box number)
o III. FOR VOTERS WHO HAVE MOVED FROM ONE SUPERVISORS DISTRICT TO ANOTHER WITHIN THIS COUNTY
I am entitled to vote because I have been lawfully registered in __________________ County and a resident of the supervisors district wherein this precinct is located for at least thirty (30) days prior to this date, and am not disqualified as a voter of said precinct. I currently reside in this precinct at _________________________________________________________________.
Address (physical location-not a post office box number)
Signature of Voter Signature of Manager
SECTION 3. 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 4. 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.