MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Apportionment and Elections

By: Representatives Denton, Taylor, Scott, Ford (54th), Karriem, Osborne, Gibbs (72nd)

House Bill 1368

(As Passed the House)

AN ACT TO AMEND SECTION 23-15-673, MISSISSIPPI CODE OF 1972, TO EXPAND THE DEFINITION OF "ABSENT VOTER" FOR THE PURPOSES OF THE ARMED SERVICES ABSENTEE VOTING LAW TO INCLUDE ANY PERSON WHO IS A CITIZEN OF MISSISSIPPI WHO IS TEMPORARILY RESIDING AND WORKING WITHIN THE NAVIGABLE FEDERAL WATERS OF THE UNITED STATES; TO AMEND SECTION 23-15-169.4, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-673, Mississippi Code of 1972, is amended as follows:

     23-15-673.  (1)  For the purposes of this subarticle, the term "absent voter" shall mean and include the following persons if they are absent from their county of residence and are otherwise qualified to vote in Mississippi:

          (a)  Any enlisted or commissioned members, male or female, of the United States Army, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Navy, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Air Force, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Marines, or any of its respective components or various divisions thereof; or any persons in any division of the armed services of the United States, who are citizens of Mississippi;

          (b)  Any member of the Merchant Marine and the American Red Cross who is a citizen of Mississippi;

          (c)  Any disabled war veteran who is a patient in any hospital and who is a citizen of Mississippi;

          (d)  Any 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 who is a citizen of Mississippi;

          (e)  Any trained or certified emergency response provider who is deployed during the time period authorized by law for absentee voting, on election day, or during any state of emergency declared by the President of the United States or any Governor of any state within the United States;

          (f)  Any citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia;

          (g)  Any citizen of Mississippi enrolled as a student at the United States Naval Academy, the United States Coast Guard Academy, the United States Merchant Marine Academy, the United States Air Force Academy or the United States Military Academy * * *.;

(h)  Any citizen of Mississippi who is temporarily residing and working within the navigable federal waters of the United States.

     (2)  The spouse and dependents of any absent voter as set out in paragraphs (a) through (g) of subsection (1) of this section shall also be included in the meaning of absent voter and may register to vote and vote an absentee ballot as provided in this subarticle if also absent from the county of their residence on the date of the election and otherwise qualified to vote in Mississippi.

     (3)  For the purpose of this subarticle, the term "election" shall mean and include the following sets of elections:  special and runoff special elections, preferential and general elections, first and second primary elections or general elections without preferential elections, whichever system is applicable.

     SECTION 2.  Section 23-15-169.4, Mississippi Code of 1972, is amended as follows:

     23-15-169.4.  The Secretary of State shall be responsible for providing to all absent uniformed services voters * * * and , overseas voters and other absent voters as defined in Section 23-15-673 who wish to vote or register to vote in this state information required by the Help America Vote Act of 2002 regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters * * * and, overseas voters and other absent voters as defined in Section 23-15-673 with respect to elections, including procedures relating to the use of the federal write-in absentee ballot.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2020.

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