2005 Regular Session
To: Apportionment and Elections
By: Representative Whittington
AN ACT TO AMEND SECTIONS 23-15-127 AND 23-15-129, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE REGISTRAR OF THE COUNTY OR MUNICIPALITY FROM DISCLOSING THE IDENTITY OF VICTIMS OF DOMESTIC VIOLENCE FROM THE POLLBOOK, UPON NOTIFICATION BY A VICTIM OF DOMESTIC VIOLENCE OR BY A CONCERNED PARTY OF THE VICTIM; TO PROVIDE THAT NOTICE OF THE PROHIBITION BE GIVEN DURING THE ADMINISTRATIVE DIVISION OF THE POLLBOOK; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-127, Mississippi Code of 1972, is amended as follows:
23-15-127. (1) It shall be the duty of the registrar of the county or municipality to prepare and furnish to the appropriate election commissioner pollbooks for each voting precinct in which the election is to be conducted, in which shall be entered the name, residence, date of birth and date of registration of each person duly registered in such voting precinct as now provided by law, and which pollbooks shall be known as "primary election pollbooks" and shall be used only in holding primary elections. The election commissioners of the county or city shall revise such primary pollbooks at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks now provided for under the law, except they shall not remove therefrom any person who is qualified under the provisions hereof to participate in such primary elections; all laws applicable to the revision of pollbooks now in use, shall be applicable to the revision of pollbooks for primary elections herein provided for, and all rights of voters to be heard and to appeal to the executive committee of his party from the action of such election commissioners now provided by law shall be available to the voter in the revisions of the pollbooks for primary elections herein provided for.
(2) Upon notice by a victim of domestic violence as defined by Section 97-3-7 or a concerned party of such victim, it shall be the duty of the registrar of the county or municipality to prohibit the disclosure from the pollbook of the name, address or related information of such victim of domestic violence by issuing a clear prohibition to all employees or persons involved with handling of the pollbook.
SECTION 2. Section 23-15-129, Mississippi Code of 1972, is amended as follows:
23-15-129. The commissioners of election and the registrars of the respective counties are hereby directed to make an administrative division of the pollbook for each county immediately following any reapportionment of the Mississippi Legislature or any realignment of supervisors districts, if necessary. Notice of the prohibition against disclosure of the identity of victims of domestic violence as defined in Section 97-3-7 and provided for in 23-15-127(2) shall be given when the administrative division of the pollbook is made. Such an administrative division shall form subprecincts whenever necessary within each voting precinct so that all persons within a subprecinct shall vote on the same candidates for each public office. Separate pollbooks for each subprecinct shall be made. The polling place for all subprecincts within any given voting precinct shall be the same as the polling place for the voting precinct. Additional managers may be appointed for subprecincts in the discretion of the commissioners of election or, in the case of primary elections, in the discretion of the proper executive committee.
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.