SB2723_S_(Cmte_Sub)_Amend

SECTION 1. Sections 1 through 9 of this act may be cited as the "Mississippi Early Voting Act."

SECTION 2. Any qualified elector may vote early as provided in Sections 1 through 9 of this act in the office of the registrar; however, once the elector votes early, his vote shall be irrevocable and he shall not be allowed to vote in person on the day of the election.

SECTION 3. (1) Every person who desires to vote early shall be required to complete an application for early voting and present to the registrar identification as required by Section 6 of this act. The registrar shall be responsible for furnishing an early voting application form to any elector who appears at his office and desires to vote early and shall determine whether the person who makes an application to vote early is qualified to vote in the election.

(2) The registrar shall be responsible for printing applications for early voting as provided in this subsection. At least forty-five (45) days prior to any election, the registrar shall order a sufficient number of applications to be printed; however, in the event a special election is called and set at a date which makes it impractical or impossible to print applications for absent elector's ballot forty-five (45) days prior to the election, the registrar shall print the applications as soon as practicable after such election is called.

(3) The registrar shall be authorized to disburse applications for early voting to any qualified elector who appears in his office to vote early.

(4) The registrar shall keep an accurate list of all persons who vote early by precinct, which list shall be kept in a conspicuous place accessible to the public near the entrance to his office. The registrar shall furnish to each precinct manager an accurate list of the names of all persons in each respective precinct who vote early to be utilized by them in performing their duties under this act. A duplicate of the list shall be posted in a conspicuous place at the polling place for public notice. The application on file with the registrar shall be kept by the registrar until after the election has been certified and all litigation associated with any election challenge is final, whichever is the later.

(5) The application shall be substantially in the following form:

"OFFICIAL APPLICATION FOR EARLY VOTING

I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, desire to vote early.

I hereby make application to vote early for the election to be held in _____, on _____.

I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application. (This sentence is to be in bold print.)

DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)

IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.

_________________________________

(Signature of elector)

SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.

_________________________________

(Registrar or deputy registrar)

SECTION 4. Persons who vote early shall do so in the office of the registrar and shall, except as otherwise provided in Sections 1 through 9 of this act, vote in the same manner as he would if he voted on the day of the election; however, the registrar shall ensure that the vote of the voter is assigned to the correct precinct and the vote shall be added to the vote totals of the appropriate precinct.

SECTION 5. (1) All persons who desire to vote early must do so in the office of the registrar not more than thirty (30) days prior to the election and not later than 7:00 p.m. on the Thursday immediately preceding elections held on Tuesday or the fourth day immediately preceding the date of elections held on other days.

(2) The registrar's office shall remain open for early voting until 7:00 p.m. on the Thursday immediately preceding elections held on Tuesday or the fourth day immediately preceding the date of elections held on other days.

SECTION 6. (1) Each person who shall appear to vote early at the registrar's office shall be required to identify himself to the registrar or deputy registrar by presenting current and valid photo identification, a government document that shows the name and address of the person or a social security card that shows the name of the person, before such person shall be allowed to vote.

(2) The identification required by subsection (1) of this section shall include, but not be limited to, the following:

(a) A current and valid Mississippi driver's license;

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

(d) A current and 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 current and 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 current and 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 current and valid Mississippi license to carry a pistol or revolver;

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

(i) A current and valid United States military identification card; and

(j) Official voter registration card.

(3) Any person who utilizes the provisions of this section to intimidate a voter, or to prevent from voting a person who is otherwise qualified to vote, shall, upon conviction, be sentenced to pay a fine of not less than Five Thousand Dollars ($5,000.00), or by imprisonment for not less than one (1) year nor more than five (5) years, or both.

SECTION 7. (1) On the day of the election, the managers of the election shall compare the name of each person who offers to vote with the names on the list of early voters provided by the registrar. If the name of the voter appears on the list of early voters, he shall be informed that he is listed as voting early and not permitted to vote. If the elector feels that he is being prevented from voting in error, he shall be allowed to cast an affidavit ballot.

(2) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take list of early voters provided by the registrar and mark "VOTED" in the pollbook or poll list as the persons listed as voting early had been present and voted in person.

(3) After the votes have been counted the officials shall preserve the list of early voters return it to the registrar.

SECTION 8. All laws relating to elections now in force in this state shall apply to all voting under Sections 1 through 9 of this act so far as they may be applicable thereto, and so far as they are not inconsistent with the provisions of this act.

SECTION 9. Any person who makes a false statement on an early voting application shall be guilty of a felony and, upon conviction, shall be fined not more than Five Thousand Dollars ($5,000.00) and sentenced to not more than five (5) years in prison.

SECTION 10. Section 23-15-627, Mississippi Code of 1972, is amended as follows:

23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector may orally request an absentee ballot application on behalf of the elector. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his deputy in order to be utilized to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:

"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT

I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):

( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.

( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.

( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.

( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.

( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.

( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.

( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.

* * *

( ) I have a temporary or permanent physical disability.

( ) I am sixty-five (65) years of age or older.

( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day.

( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.

* * *

I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.

Mail 'Absent Elector's Ballot' to me at the following address ____________ * * *.

I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)

If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.

DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)

IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.

_________________________________

(Signature of absent elector)

SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.

_________________________________

(Official authorized to administer oaths

for absentee balloting.)

TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:

I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.

_________________________________

(Signature of witness)

CERTIFICATE OF DELIVERY

I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.

__________________________________________

(Signature of person delivering application)

__________________________________________

(Address of person delivering application)"

SECTION 11. Section 23-15-631, Mississippi Code of 1972, is amended as follows:

23-15-631. (1) The registrar shall enclose with each ballot provided to an absent elector separate printed instructions furnished by him containing the following:

* * *

(a) Upon receipt of the enclosed ballot, you will not mark same except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions.

(b) After marking the ballot, fill out and sign the "ELECTOR'S CERTIFICATE" on back of the envelope so that the signature shall be across the flap of the envelope so as to insure the integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING WITNESS CERTIFICATE" across the flap on back of the envelope. Place necessary postage on the envelope and deposit it in the post office or some government receptacle provided for deposit of mail so that the absent elector's ballot, excepting presidential absentee ballots, will reach the registrar in which your precinct is located not later than 5:00 p.m. on the day preceding the date of the election * * *.

Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or any officer having authority to administer an oath or take an acknowledgment may be an attesting witness; provided, however, that in the case of an absent elector who is temporarily or permanently physically disabled, the attesting witness may be any person eighteen (18) years of age or older and such person is not required to have the authority to administer an oath. If a postmaster, assistant postmaster, postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If one or the other officers herein named acts as attesting witness, his signature on the elector's certificate, together with his title and address, but no seal, shall be required. Any affidavits made by an absent elector who is in the Armed Forces may be executed before a commissioned officer, warrant officer, or noncommissioned officer not lower in grade than sergeant rating or any person authorized to administer oaths.

(c) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate preaddressed envelope provided by the registrar.

(d) A person who is a candidate for public office may not be an attesting witness for any absentee ballot upon which the person's name appears.

(e) Any voter casting an absentee ballot who declares that he requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, or the voter's employer, or agent of that employer. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope.

(2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar.

SECTION 12. Section 23-15-637, Mississippi Code of 1972, is amended as follows:

23-15-637. Absentee ballots * * *, excluding presidential ballots as provided for in Sections 23-15-731 and 23-15-733, must be received by mail by the registrar by 5:00 p.m. on the date preceding the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. * * * The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.

SECTION 13. Section 23-15-713, Mississippi Code of 1972, is amended as follows:

23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if he be one who falls within the following categories:

(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his absence from the county of his voting residence on the date of any primary, general or special election, or the spouse and dependents of said student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his voting residence, with such student, teacher or administrator.

(b) Any qualified elector who is required to be away from his place of residence on any election day due to his employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.

* * *

(c) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself or others, or whose attendance at the voting place could reasonably cause danger to himself or others.

(d) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his county of residence or more than fifty (50) miles distant from his residence, if the parent, spouse or dependent will be with such person on election day.

(e) Any person who is sixty-five (65) years of age or older.

(f) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.

* * *

SECTION 14. Section 23-15-715, Mississippi Code of 1972, is amended as follows:

23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure an absentee ballot if * * * within forty-five (45) days next prior to any election, any elector who * * * is temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence and such parent, spouse or dependent will be with such person on election day, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence, and such parent, spouse or dependent will be with such person on election day, may obtain absentee ballots by mail under the provisions of this section and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, the application shall be accompanied by the verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to the absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.

SECTION 15. Section 23-15-719, Mississippi Code of 1972, which provides the manner in which absent voters vote in the registrar's office, is repealed.

SECTION 16. 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 17. 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.