MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Apportionment and Elections

By: Representative Denny

House Bill 917

AN ACT TO AMEND SECTION 23-15-895, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO IS INSIDE OF A POLLING PLACE OR IN ANY PUBLIC AREA WITHIN 150 FEET OF A POLLING PLACE SHALL NOT PERFORM ELECTIONEERING OR WEAR OR DISPLAY ANY APPAREL OR ANY BADGE, BUTTON, PIN, STICKER OR OTHER INSIGNIA THAT INDENTIFIES BY NAME, PHOTO OR LIKENESS ANY CANDIDATE, CONSTITUTIONAL AMENDMENT, LOCAL ISSUE OR OTHER MEASURE PRINTED ON THE BALLOT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-895, Mississippi Code of 1972, is amended as follows:

     23-15-895.  (1)  The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a)  "Electioneering" means any oral, printed or written attempt to persuade persons to refrain from voting or to vote for or against any candidate, constitutional amendment, local issue or other measure printed on the ballot;

(b)  "Polling place" means the physical place where ballots and absentee ballots are cast and includes the county circuit clerk's office or city hall during the period in which absentee ballots are cast in those locations;

(c)  "Local issue" means the same as that which is defined in Section 23-15-375.

(2)  A person who is inside of a polling place or in any public area within one hundred fifty (150) feet of a polling place shall not perform any of the following acts:

(a)  Electioneering;

(b)  Post or distribute any cards, posters or other campaign literature that is in support of or in opposition to any candidate, constitutional amendment, local issue or other measure printed on the ballot; and

(c)  Wear or display any apparel or any badge, button, pin, sticker or other insignia that indentifies by name, photo or likeness any candidate, constitutional amendment, local issue or other measure printed on the ballot.

(3)  * * *No candidate for an elective office, or any representative of such candidate, and no proponent or opponent of any constitutional amendment, local issue or other measure printed on the ballot may post or distribute cards, posters or other campaign literature within one hundred fifty (150) feet of any entrance of the building wherein any election is being held. No candidate or a representative named by him or her in writing may appear at any polling place while armed or uniformed, or display any badge or credentials except as may be issued by the manager of the polling place.  * * *  As used in this section, the term "local issue" shall have the meaning ascribed to such term in Section 23-15-375

(4)  This section shall be enforced by election officials and law enforcement officials.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.

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