2007 Regular Session
To: Apportionment and Elections
By: Representative Bailey
AN ACT TO PROHIBIT A PERSON FROM KNOWINGLY DECEIVING VOTERS; TO PROVIDE THAT VIOLATORS SHALL BE GUILTY OF A MISDEMEANOR; TO PROVIDE A PROCEDURE FOR REPORTING A VIOLATION OF SUCH PROHIBITION; TO REQUIRE THE ATTORNEY GENERAL AND SECRETARY OF STATE TO CREATE RULES AND REGULATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any person who shall knowingly deceive any other person regarding the time, place, or manner of conducting any election or the qualifications for or restrictions on voter eligibility for any election shall be guilty of a misdemeanor and, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than six (6) months, or both.
(2) Any person who has reasonable cause to suspect that such a deceptive practice has occurred, may notify any authorized law enforcement officer with proper jurisdiction, the Attorney General or a designee of the Attorney General. Upon such notification, the law enforcement officer, the Attorney General or a designee of the Attorney General shall be required to conduct an immediate investigation, and file a report with the registrar and the appropriate district attorney. If a law enforcement officer other than the Attorney General or his designee is notified, that law enforcement officer shall also notify the Attorney General or his designee.
(3) Upon a determination by the law enforcement officer, the Attorney General or his designee that an act of deception described in this section has occurred, the Attorney General shall immediately undertake all effective measures necessary to provide correct information to voters affected by the deception.
(4) The Attorney General and the Secretary of State shall promulgate rules and regulations to effectuate the provisions of subsection (3) of this section to provide correct information to any voters deceived.
(5) The Attorney General or any person aggrieved by a violation of subsection (1), may institute a civil action or other proper proceeding for relief, including an application to any court of competent jurisdiction for a permanent or temporary injunction, restraining order or other applicable order.
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.