MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Apportionment and Elections; Judiciary B

By: Representative Reynolds

House Bill 863

AN ACT TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO HAS COMMITTED A NON-VIOLENT DISQUALIFYING CRIME AS PROVIDED IN SECTION 241, MISSISSIPPI CONSTITUTION OF 1890 SHALL HAVE THE RIGHT TO VOTE RESTORED NOT MORE THAN 2 YEARS AFTER COMPLETING ALL OF THE SENTENCING REQUIREMENTS; TO BRING FORWARD SECTIONS 23-15-19 AND 23-15-151, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 23-15-11, Mississippi Code of 1972, is amended as follows:

     23-15-11.  (1)  Every inhabitant of this state, except persons adjudicated to be non compos mentis, shall be a qualified elector in and for the county, municipality and voting precinct of his residence and shall be entitled to vote at any election upon compliance with Section 23-15-563, if he or she is:

(a)  * * *who is A citizen of the United States of America * * *,;

(b)  Eighteen (18) years old and upwards * * *;, who

(c)  Has resided in this state for thirty (30) days and for thirty (30) days in the county in which he or she seeks to vote, and for thirty (30) days in the incorporated municipality in which he or she seeks to vote * * *,; and

(d)  * * *who Has been duly registered as an elector under Section 23-15-33 * * *,; and

(e)  * * *who Has never been convicted of * * *vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, except that a person who committed a non-violent disqualifying crime listed in Section 241, Mississippi Constitution of 1890, shall have the right to vote not sooner than two (2) years after completing all the requirements of the sentence.  * * *shall be a qualified elector in and for the county, municipality and voting precinct of his residence, and shall be entitled to vote at any election upon compliance with Section 23‑15‑563. Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though the person has not reached his or her eighteenth birthday at the time that the person seeks to vote at the primary election.  No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.

     SECTION 2.  Section 23-15-19, Mississippi Code of 1972, is brought forward as follows:

     23-15-19.  Any person who has been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, shall not be registered, or if registered the name of the person shall be erased from the registration book on which it may be found by the registrar or by the election commissioners.  Whenever any person shall be convicted in the circuit court of his county of any of those crimes, the registrar shall thereupon erase his name from the registration book; and whenever any person shall be convicted of any of those crimes in any other court of any county, the presiding judge of the court shall, on demand, certify the fact in writing to the registrar, who shall thereupon erase the name of the person from the registration book and file the certificate as a record of his office.

     SECTION 3.  Section 23-15-151, Mississippi Code of 1972, is brought forward as follows:

     23-15-151.  The circuit clerk of each county is authorized and directed to prepare and keep in his office a full and complete list, in alphabetical order, of persons convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890.  The clerk shall enter the names of all persons who have been or shall be hereafter convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, in a book prepared and kept for that purpose.  The board of supervisors of each county shall, as early as practicable, furnish the circuit clerk of their county with a suitable book for the enrollment of those names showing the name, date of birth, address, court, crime and date of conviction.  The roll, when so prepared, shall be compared with the registration book before each election commissioner of the county.  A certified copy of any enrollment by one clerk to another will be sufficient authority for the enrollment of the name, or names, in another county.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2016.

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