House Bill 1277

AN ACT TO AMEND SECTION 23-15-505, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF SUPERVISORS OF ANY COUNTY AND THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY SHALL NOT PURCHASE, RENT OR USE, EXCEPT FOR USE APPROVED BY THE SECRETARY OF STATE, ANY OMR EQUIPMENT UNLESS IT MEETS THE STANDARDS SET FORTH BY THE UNITED STATES ELECTION ASSISTANCE COMMISSION, OR ITS SUCCESSOR; TO PROVIDE THAT THE SECRETARY OF STATE MAY ADOPT RULES TO SUPPLEMENT THOSE STANDARDS SET FORTH BY THE COMMISSION; TO AMEND SECTION 23-15-507, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 23-15-525, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE SECRETARY OF STATE TO ISSUE SUPPLEMENTARY INSTRUCTIONS AND PROCEDURES FOR THE SAFE AND EFFICIENT USE OF OMR EQUIPMENT, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-531.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF SUPERVISORS OF EACH COUNTY AND THE GOVERNING AUTHORITIES OF EACH MUNICIPALITY SHALL NOT PURCHASE, RENT OR USE, EXCEPT FOR USE APPROVED BY THE SECRETARY OF STATE, ANY DRE UNIT UNLESS IT MEETS THE STANDARDS SET FORTH BY THE UNITED STATES ELECTION ASSISTANCE COMMISSION, OR ITS SUCCESSOR; TO PROVIDE THAT THE SECRETARY OF STATE MAY ADOPT RULES TO SUPPLEMENT THOSE STANDARDS SET FORTH BY THE COMMISSION; TO AMEND SECTIONS 23-15-169.3 AND 23-15-391, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-505, Mississippi Code of 1972, is amended as follows:

23-15-505. (1) Except as otherwise provided in subsection (2), the board of supervisors of any county and the governing authorities of any municipality are hereby authorized and empowered, in their discretion, to purchase or rent OMR equipment that meets the requirements of Section 23-15-507 and may use such system in all or a part of the precincts within its boundaries.

(2) The board of supervisors of any county and the governing authorities of any municipality shall not purchase, rent or use, except for use approved by the Secretary of State, any OMR equipment unless it meets the standards set forth by the United States Election Assistance Commission, or its successor. The Secretary of State may adopt rules to supplement those standards set forth by the commission.

(3) The provisions of this chapter shall be controlling with respect to elections in which OMR equipment is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable, shall apply.

SECTION 2. Section 23-15-507, Mississippi Code of 1972, is amended as follows:

23-15-507. No OMR equipment shall be acquired or used in accordance with this chapter unless it shall:

(a) Permit eligible voters to vote at any election for all persons for whom they are lawfully entitled to vote; to vote for as many persons for an office as they are lawfully entitled to vote; to vote for or against any ballot initiative, measure or other local issue upon which they are lawfully entitled to vote;

(b) * * *~~The OMR equipment shall~~ Be capable of rejecting choices marked on the ballot if the number of choices exceeds the number that the voter is entitled to vote for the office or on the measure;

(c) Permit each voter, in presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;

(d) Permit each voter, in other than primary elections, to vote for the nominees of one or more parties and for independent candidates;

(e) Permit each voter to vote for candidates only in the primary in which he or she is qualified to vote;

(f) Permit each voter to vote for persons whose names are not on the printed ballot;

(g) Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;

(h) Be provided with means for sealing the ballots after the close of the polls;

(i) When properly operated, record correctly and count accurately all votes cast; * * *~~and~~

(j) Provide the voter with a set of instructions that will be displayed in such a way that a voter may readily learn the method of voting * * *.; and

(k) Meet the standards set forth by the United States Election Assistance Commission and any supplemental rules adopted by the Secretary of State as provided in Section 23-15-505.

SECTION 3. Section 23-15-525, Mississippi Code of 1972, is brought forward as follows:

23-15-525. (1) The Secretary of State shall have the power to issue supplementary instructions and procedures for the safe and efficient use of OMR equipment within the State of Mississippi and to carry out the purpose of the chapter. Subject to such instructions and procedures provided by the Secretary of State and the provisions of this chapter, the election commissioners shall have the power to make additional provisions for the conduct of elections with the OMR equipment.

(2) If for any reason the OMR equipment shall become inoperable, the poll managers shall direct voters to operating OMR equipment or to cast emergency paper ballots. The paper ballots shall be administered in accordance with the laws concerning paper ballots.

SECTION 4. Section 23-15-531.1, Mississippi Code of 1972, is amended as follows:

23-15-531.1. (1) Except as otherwise provided in subsection (2) of this section, the board of supervisors of each county and the governing authorities of each municipality are hereby authorized and empowered, in their discretion, to purchase or rent DRE units that meets the requirements of subsection ( * * *24) of this section and may use such system in all or a part of the precincts within its boundaries.

(2) The board of supervisors of each county and the governing authorities of each municipality shall not purchase, rent or use, except for use approved by the Secretary of State, any DRE unit unless it meets the standards set forth by the United States Election Assistance Commission, or its successor. The Secretary of State may adopt rules to supplement those standards set forth by the commission.

(3) The provisions of this chapter shall be controlling with respect to elections in which a DRE unit is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable, shall apply.

( * * *24) No DRE unit shall be acquired or used in accordance with this chapter unless it shall:

(a) Permit the voter to verify, in a private and independent manner, the votes selected by the voter on the ballot before the ballot is cast and counted;

(b) Provide the voter with the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is cast and counted, including, but not limited to, the opportunity to correct the error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct any error;

(i) Notify the voter that he or she has selected more candidates for that office than are eligible for election;

(ii) Notify the voter before his or her vote is cast and counted of the effect of casting multiple votes for such an office; and

(iii) Provide the voter with the opportunity to correct the ballot before the ballot is cast and counted;

(d) Produce a permanent paper record with a manual audit capability;

(e) Have the capability to print the ballots cast by electors;

(f) Be accessible for individuals with disabilities, including, but not limited to, nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters. This requirement may be satisfied through the use of at least one (1) DRE unit or other voting unit equipped for individuals with disabilities at each polling place;

(g) Provide alternative language accessibility pursuant to the requirements of the Voting Rights Act of 1965; * * *~~and~~

(h) Have a residual vote rate in counting ballots attributable to the voting system and not to voter error that complies with error rate standards established under the voting system standards issued by the Federal Election Commission in effect as of October 29, 2002 * * *.; and

(i) Meet the standards set forth by the United States Election Assistance Commission and any supplemental rules adopted by the Secretary of State as provided in subsection (2) of this section.

SECTION 5. Section 23-15-169.3, Mississippi Code of 1972, is amended as follows:

23-15-169.3. (1) The Secretary of State shall have the authority to accept federal funds authorized under the Help America Vote Act of 2002 and to meet all the requirements of the Help America Vote Act of 2002 in order to expend the funds.

(2) Counties that purchase or have purchased since January 1, 2001, voting systems that comply with the requirements of the Help America Vote Act of 2002 shall be eligible for federal funds accepted by the Secretary of State for Help America Vote Act of 2002 compliance efforts. Except as otherwise provided in Sections 23-15-505, 23-15-507 and 23-15-531.1, the only restriction that the Secretary of State may place on the expenditure of federal funds for the purchase of voting systems is that the systems comply with the criteria and rules established in the Help America Vote Act of 2002 for voting systems.

(3) Except as otherwise provided in Sections 23-15-505, 23-15-507 and 23-15-531.1, counties may purchase voting systems under the Help America Vote Act of 2002 (HAVA) if:

(a) The system selected is HAVA compliant as determined by the rules promulgated to effectuate the Help America Vote Act of 2002 in this state; and

(b) The County Board of Supervisors spreads upon its minutes a certification of the following:

(i) The county determined it is in its best interest to opt out of any statewide bulk purchase to be effectuated by the Secretary of State pursuant to his duties under HAVA;

(ii) The voting system selected by the county meets all of the foregoing requirements under HAVA ;

(iii) The county understands and accepts any and all liability for said system; and

(iv) The county is solely responsible for the purchase of said system.

Upon meeting the foregoing requirements, a county shall be reimbursed for its costs for said system from the HAVA funds for this purpose; however, the county shall be limited in its reimbursement to an amount to be determined by the Secretary of State based upon an objective formula implemented for the statewide, bulk purchase of said voting systems. Any costs over and above the set formula described herein shall be the sole responsibility of the county.

(c) In addition to other information required by paragraph (b) of this subsection, any county that purchases voting systems after June 6, 2005, shall spread upon its minutes certification of the following:

(i) All voting systems within the county are the same, except those machines that are handicap accessible as required by HAVA; and

(ii) The voting systems have a device or mechanism that allows any votes cast to be verified by paper audit trail.

SECTION 6. Section 23-15-391, Mississippi Code of 1972, is amended as follows:

23-15-391. Except as otherwise provided in Sections 23-15-505, 23-15-507 and 23-15-531.1, the board of supervisors of each county and the governing authorities of each municipality shall use optical mark reading equipment or direct recording electronic voting equipment that complies with the specifications provided by law. The election commissioners may conduct special and municipal elections, as well as any necessary runoff elections, by paper ballot when the election commissioners determine that administration of an election by paper ballot will be less expensive than administration of the same election by optical mark reading equipment or direct recording electronic voting equipment.

SECTION 7. This act shall take effect and be in force from and after July 1, 2020.