MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Apportionment and Elections
By: Representative Beckett
AN ACT TO AMEND SECTIONS 23-15-637 AND 23-15-651, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ABSENTEE BALLOTS RECEIVED BY MAIL MUST BE POSTMARKED BY THE DATE OF THE ELECTION AND RECEIVED BY THE REGISTRAR NO MORE THAN FIVE BUSINESS DAYS AFTER THE ELECTION; TO PRESCRIBE THE TIME FOR CASING ALL ABSENTEE BALLOTS IN PERSON IN THE OFFICE OF THE REGISTRAR TO BE DEPOSITED IN A SECURED AND SEALED BOX IN THE CIRCUIT CLERK'S OFFICE UPON RECEIPT; TO PROVIDE THAT THE BALLOT BOX USED SHALL BE SEALED AT THE CLOSE OF EACH BUSINESS DAY AND SHALL REMAIN SEALED UNTIL THE BEGINNING OF THE NEXT BUSINESS DAY; TO PROVIDE THAT ALL VOTES CAST BY ABSENTEE BALLOT SHALL BE FINAL; TO PROVIDE THAT NO PERSON WHO VOTES ABSENTEE BEFORE THE ELECTION SHALL BE ALLOWED TO VOTE IN PERSON ON ELECTION DAY; TO AUTHORIZE THE SECRETARY OF STATE TO ISSUE CERTAIN RULES RELATING TO ABSENTEE BALLOTS; TO AMEND SECTION 23-15-645, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ABSENTEE BALLOTS CAST IN THE REGISTRAR'S OFFICE SHALL BE PROCESSED ON ELECTION DAY AND ANNOUNCED SIMULTANEOUSLY WITH ALL OTHER VOTES CAST ON ELECTION DAY; TO PROVIDE FOR THE RETENTION AND DESTRUCTION OF PACKAGES OF PROTESTED, VOID AND WHOLLY BLANK BALLOTS, VOTED BALLOTS, OPEN PACKAGES OF UNUSED BALLOTS, SEALED PACKAGES OF UNUSED BALLOTS, AND ALL ABSENTEE AND MILITARY BALLOTS AND BALLOT ENVELOPES; TO AMEND SECTION 23-15-649, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR ALL ELECTIONS THE ELECTION OFFICIALS SHALL PREPARE ABSENTEE BALLOTS IN THE SAME FORM AS OFFICIAL BALLOTS OR BALLOTS WITH A HEADER OF DIFFERENT TINT; TO AMEND SECTIONS 23-15-627 AND 23-15-713, MISSISSIPPI CODE OF 1972, TO EXTEND THE ELIGIBILITY FOR ABSENTEE VOTING IN PERSON OR BY MAIL TO ANY PERSON UNABLE TO APPEAR PERSONALLY AT THE POLLING PLACE OF THE ELECTION DISTRICT IN WHICH HE OR SHE IS A QUALIFIED VOTER BECAUSE OF A PHYSICIAN-IMPOSED QUARANTINE DUE TO COVID-19 DURING THE YEAR 2020 OR THE VOTER IS CARING FOR A PERSON WHO MAY BE EXPOSED TO SUCH RISK; TO AMEND SECTIONS 23-15-715 AND 23-15-719, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR ALL ELECTIONS THE REGISTRAR SHALL MAIL TOGETHER TO THE ABSENTEE VOTER THE APPLICATION AND PROPER ABSENTEE VOTER BALLOT; TO PROVIDE CERTAIN CONDITIONS ON COUNTING ABSENTEE BALLOTS BY THE RESOLUTION BOARD; TO AMEND SECTIONS 23-15-625, 23-15-629, 23-15-631, 23-15-635, 23-15-639, 23-15-641, 23-15-647, 23-15-699, 23-15-721, 23-15-731, 23-15-733 AND 23-15-735, 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 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. (1) (a)
Absentee ballots and applications received by mail, except * * * for fax or electronically
transmitted ballots as otherwise provided by Section 23-15-699 for
UOCAVA ballots, must be * * * postmarked on or before the date of the election and
received by the registrar no more than five (5) business days after the
election; any received after such time shall be handled as provided in Section
23-15-647 and shall not be counted.
(b) All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast with an absentee paper ballot and deposited into a sealed ballot box by the voter, not later than 12:00 noon, or 5:00 p.m. during the year 2020 on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days. At the close of business each day at the office of the registrar, the ballot box used shall be sealed and not unsealed until the beginning of the next business day, and the seal number shall be recorded with the number of ballots cast which shall be stored in a secure location in the registrar's office.
(2) The registrar
shall deposit all absentee ballots which have been timely cast and received
by mail in * * * a secured and sealed box in a designated location in
the registrar's office upon receipt. The registrar shall not send any
absentee ballots to the precinct polling locations.
(3) The Secretary of State shall promulgate rules and regulations necessary to ensure that when a qualified elector who is qualified to vote absentee votes by absentee ballot, either by mail or in person with a regular paper ballot, that person's absentee vote is final and he or she may not vote at the polling place on election day. Notwithstanding any other provisions of law to the contrary, the Secretary of State shall promulgate rules and regulations necessary to ensure that absentee ballots shall remain in the registrar's office for counting and not be taken to the precincts on election day.
SECTION 2. Section 23-15-651, Mississippi Code of 1972, is amended as follows:
23-15-651. The results of the vote by absentee balloting shall be announced simultaneously with the vote cast on election day; provided that absentee ballots received after 7:00 p.m. the day before the election shall be kept in a secured and sealed ballot box, and shall be announced after the five-business-day period for receiving absentee ballots.
SECTION 3. Section 23-15-645, Mississippi Code of 1972, is amended as follows:
23-15-645. (1) Absentee ballots cast in the registrar's office and received by mail that are deposited into a sealed ballot box shall be processed on election day but not tallied until after closing of the polls and announced simultaneously with all other votes cast on election day.
(2) After the votes have been counted, the officials shall preserve all applications, envelopes and the list of absent voters along with the mailed paper and paper ballots and other election materials and return the same to the registrar.
(3) Notwithstanding any other provision of law to the contrary, for federal and presidential general, special or primary elections, packages of protested, void and wholly blank ballots, voted ballots, open packages of unused ballots, sealed packages of unused ballots, and all absentee and military ballots and ballot envelopes, if any, shall be preserved for twenty-two (22) months after the date of any such general, special or primary election. For all other statewide, county or municipal elections, sealed packages of unused ballots, packages of protested, void and wholly blank ballots, open packages of unused ballots and all absentee and military ballots and ballot envelopes shall be retained for four (4) months, and may then be destroyed, provided a certificate articulating the election district identifying data and numbers of such ballots is filed with the balance of ballots described in this section, for the balance of the twenty-two-month retention period.
SECTION 4. Section 23-15-649, Mississippi Code of 1972, is amended as follows:
23-15-649. For all
elections, * * * the election officials shall prepare and
print, as soon as the deadline for the qualification of candidates has
passed or forty-five (45) days * * * before the election, whichever is
later, official ballots for each voting precinct to be known as absentee voter
ballots, which ballots shall be prepared and printed in the same form and shall
be of the same size and texture as the regular official ballot except that they
shall be printed on tinted paper of a tint different from that of the regular
official ballot or with a header of different tint.
SECTION 5. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. Any elector
described in Section 23-15-713 may request an absentee ballot application and
vote in person at the office of the registrar in the county in which he or she
resides. The registrar shall be responsible for furnishing an absentee
ballot application form to any elector authorized to receive an absentee
ballot. Except as otherwise provided in Section 23-15-625, absentee ballot
applications shall be furnished to a person only upon the oral or written
request of the elector who seeks to vote by absentee ballot; however, the
parent, child, spouse, sibling, legal guardian, those empowered with a power of
attorney for that elector's affairs or agent of the elector, who is designated
in writing and witnessed by a resident of this state who shall write his or her
physical address on such designation, may orally request an absentee ballot
application on behalf of the elector. The written designation shall be valid
for one (1) year after the date of the designation. An absentee ballot
application must have the seal of the circuit or municipal clerk affixed to it
and be initialed by the registrar or his or her deputy in order to be * * * used to obtain an absentee
ballot. A reproduction of an absentee ballot application shall not be valid
unless it is a reproduction provided by the office of the registrar of the
jurisdiction in which the election is being held and which contains the seal
and initials required by this section. Such application shall be substantially
in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a 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 am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
( ) I have a temporary or permanent physical disability, which may include, but is not limited to, a physician-imposed quarantine due to COVID-19 during the year 2020. Or, I am caring for a dependent that is under a physician-imposed quarantine due to COVID-19 beginning with the effective date of this act and the same being repealed on December 31, 2020.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's
Ballot' to me at the following address ____________ * * *.
( ) I wish to receive an absentee ballot for the runoff election ___________________________________________.
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
_________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this
application for an absent elector's ballot was signed by the above-named * * * elector in my presence and that I am
at least eighteen (18) years of age, this the _____ day of
____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 6. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose
of this subarticle, any duly qualified elector may vote as provided in this
subarticle if * * * the elector falls within at least one (1) of
the following categories:
(a) Any qualified
elector who is a bona fide student, teacher or administrator at any college,
university, junior college, high, junior high, or elementary grade school whose
studies or employment at such institution necessitates his or her absence
from the county of his or her voting residence on the date of any
primary, general or special election, or the spouse and dependents of * * * that student, teacher or
administrator if such spouse or dependent(s) maintain a common domicile,
outside of the county of his or her voting residence, with such student,
teacher or administrator.
(b) Any qualified elector who is required to be away from his or her place of residence on any election day due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.
(c) Any qualified elector who is away from his or her county of residence on election day for any reason.
(d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others. For purposes of this paragraph (d), "temporary physical disability" shall include any qualified elector who is under a physician-imposed quarantine due to COVID-19 during the year 2020 or is caring for a dependent who is under a physician-imposed quarantine due to COVID-19 beginning with the effective date of this act and the same being repealed on December 31, 2020.
(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day. For purposes of this paragraph (e), "temporary physical disability" shall include any qualified elector who is under a physician-imposed quarantine due to COVID-19 during the year 2020 or is caring for a dependent who is under a physician-imposed quarantine due to COVID-19 beginning with the effective date of this act and the same being repealed on December 31, 2020.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day during the times at which the polls will be open.
SECTION 7. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:
(a) Not more than forty-five (45) days nor later than 12:00 noon, or 5:00 p.m. during the year 2020, on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days, he shall appear in person before the registrar of the county in which he resides, or for municipal elections he shall appear in person before the city clerk of the municipality in which he resides and, when the elector so appears, he shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot, except that if the ballot has not been printed by forty-five (45) days preceding the election, the elector may appear and file an application anytime before the election. Then the absentee ballot shall be mailed by the circuit clerk to the elector as soon as the ballot has been printed.
(b) Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence and such parent, spouse or dependent will be with such person on election day, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence, and such parent, spouse or dependent will be with such person on election day, may obtain absentee ballots by mail under the provisions of this subsection and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.
(c) Except when the voter has requested a runoff ballot on the initial absentee ballot application, upon request for a runoff ballot pursuant to Section 23-15-719, the registrar shall mail together the absentee ballot application and the absentee ballot to the absent voter for the runoff election.
SECTION 8. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719. (1) * * * Except where the
registrar has already mailed a ballot with an application, upon receipt of a
properly completed application form by an elector qualified to vote absentee as
provided in this article, the registrar shall mail the absent voter an absentee
ballot within one (1) business day, or as soon as the absentee ballot is
prepared and available, containing the names of all the candidates and
propositions, if any, to be voted on in the election. The registrar shall
include with the absentee ballot an official envelope that complies with the
provisions of this article, as well as information to comply with Section 23-15-641(3)
related to the status of the elector's ballot. The registrar shall
identify the applicant by requiring him to present identification as required
by Section 23-15-563, and shall then deliver the ballots to the applicant by
mail or to the applicant in the registrar's office. The registrar shall not
personally hand deliver ballots to voters * * *. After
the applicant has properly marked the ballot and properly folded it, he shall
deposit it in the envelope furnished him by the registrar.
After * * * the absentee voter has sealed the
envelope, he or she shall subscribe and swear to an affidavit and
mail the ballot to the address provided on the absentee ballot official
envelope. The affidavit shall be in the following form, which shall be
printed on the back of the envelope containing the applicant's ballot:
"STATE OF MISSISSIPPI
COUNTY OF ___________
I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
_______________________
(Signature of voter)
SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.
(Registrar) _______________________
(Registrar)"
After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.
(2) If the voter has received assistance in marking his ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot:
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(3) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 9. Section 23-15-625, Mississippi Code of 1972, is amended as follows:
23-15-625. (1) The
registrar shall be responsible for providing applications for absentee voting
as provided in this section. At least sixty (60) days * * * before any election in which
absentee voting is provided for by law, the registrar shall provide a
sufficient number of applications. In the event a special election is called
and set at a date which makes it impractical or impossible to prepare
applications for absent elector's ballot sixty (60) days * * * before the election, the
registrar shall provide applications as soon as practicable after the election
is called. The registrar shall fill in the date of the particular
election on the application for which the application will be used.
(2) The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he or she serves. Any person who presents to the registrar an oral or written request for an absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote by absentee ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose. However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State. The form shall provide a place for such person to place his or her mark after the form has been filled out by the registrar.
(3) It shall be unlawful
for any person to solicit absentee ballot applications or absentee ballots for
persons staying in any skilled nursing facility as defined in Section 41-7-173 * * * unless
the person soliciting the absentee ballot applications or absentee ballots is:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) The registrar in the
county wherein a voter is qualified to vote upon receiving by mail the
envelope containing the absentee ballots shall keep an accurate list of all
persons preparing such ballots * * *. The list shall be kept in a
conspicuous place accessible to the public near the entrance to * * * the registrar's office. The
registrar shall also furnish to each precinct manager a list of the names of
all persons in each respective precinct voting absentee * * * by mail and in person to be
posted in a conspicuous place at the polling place for public notice. The
application on file with the registrar and the envelopes containing the ballots
that voters mailed to the registrar shall be kept by the registrar * * * in
his or her office in a secure location. At the time such boxes are
delivered to the election commissioners or managers, the registrar shall also
turn over a list of all such persons who have voted and whose mailed
ballots are in * * * the registrar's office.
(5) The registrar shall also be authorized to mail one (1) application to any qualified elector of the county, who is eligible to vote by absentee ballot, for use in a particular election.
(6) The registrar shall process all applications for absentee ballots by using the Statewide Election Management System. The registrar shall account for all absentee ballots delivered to and received by mail as well as those who voted absentee in person from qualified voters by processing such ballots using the Statewide Election Management System.
SECTION 10. Section 23-15-629, Mississippi Code of 1972, is amended as follows:
23-15-629. (1) The application for an absentee ballot of a person who is permanently physically disabled shall be accompanied by a statement signed by such person's physician, or nurse practitioner, which statement must show that the person signing the statement is a licensed, practicing medical doctor or nurse practitioner and must indicate that the person applying for the absentee ballot is permanently physically disabled to such a degree that it is difficult for him or her to vote in person.
(2) An application accompanied by the statement provided for in subsection (1) of this section shall entitle such permanently physically disabled person to automatically receive an absentee ballot for all elections on a continuing basis without the necessity for reapplication.
(3) The registrar of each
county shall keep an accurate list of the names and addresses of all persons
whose applications for absentee ballot are accompanied by the statement set
forth in subsection (1) of this section. Sixty (60) days * * * before each election, the
registrar shall deliver such list to the election commissioners * * * who shall examine the list and
delete from it the names of all persons listed who are no longer qualified
electors of the county. Upon completion of such examination, the election
commissioners * * * shall return the list to the registrar by no later than
forty-five (45) days * * * before the election.
(4) The registrar shall * * * mail a ballot to all persons who
are determined by the election commissioners * * * to be qualified electors pursuant
to subsection (3) of this section by no later than forty (40) days * * * before the election.
SECTION 11. Section 23-15-631, Mississippi Code of 1972, is amended as follows:
23-15-631. (1) The registrar
shall enclose with each ballot * * * mailed to an absent elector
separate printed instructions furnished by the registrar containing the
following:
(a) All absentee voters, excepting those with temporary or permanent physical disabilities or those who are sixty-five (65) years of age or older, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. The absentee voter shall come to the office of the registrar and neither the registrar nor his or her deputy shall be required to go out of the registrar's office to serve as an attesting witness.
(b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions.
(c) After marking the ballot, fill out and sign the
"ELECTOR'S CERTIFICATE" on the back of the envelope so that
the signature is across the flap of the envelope to
ensure the integrity of the ballot. All absent electors shall have the
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" across the
flap on the back of the envelope. Place the necessary postage on the envelope
and deposit it in the post office or some government receptacle provided for
deposit of mail so that the absent elector's ballot * * * will * * * be
postmarked on or before the date of the election and received by the registrar
no more than five (5) business days after the election.
Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or other officer having authority to administer an oath or take an acknowledgment may be an attesting witness; provided, however, that in the case of an absent elector who is temporarily or permanently physically disabled, the attesting witness may be any person eighteen (18) years of age or older and such person is not required to have the authority to administer an oath. If a postmaster, assistant postmaster, postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his or her signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If an officer having authority to administer an oath or take an acknowledgement acts as attesting witness, his or her signature on the elector's certificate, together with his or her title and address, but no seal, shall be required. Any affidavits made by an absent elector who is in the Armed Forces may be executed before a commissioned officer, warrant officer, or noncommissioned officer not lower in grade than sergeant rating or any person authorized to administer oaths.
(d) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate preaddressed envelope provided by the registrar.
(e) A candidate for public office, or the spouse, parent or child of a candidate for public office, may not be an attesting witness for any absentee ballot upon which the candidate's name appears, unless the voter is related within the first degree to the candidate or the spouse, parent or child of the candidate.
(f) Any voter casting an absentee ballot who declares that he or she requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his or her absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, the spouse, parent or child of a candidate whose name appears on the absentee ballot being marked or the voter's employer, an agent of that employer or a union representative; however, a candidate whose name is on the ballot or the spouse, parent or child of such candidate may provide assistance upon request to any voter who is related within the first degree. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope.
(2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar.
(3) The Secretary of State shall prepare instructions on how absent voters may comply with the identification requirements of Section 23-15-563.
SECTION 12. Section 23-15-635, Mississippi Code of 1972, is amended as follows:
23-15-635. (1) The form of
the elector's certificate, attesting witness certification and certificate of
person providing voter assistance on the back of the envelope used by absentee
voters * * *
who are not absent voters as defined in Section 23-15-673, shall be as follows:
"ELECTOR'S CERTIFICATE
STATE OF __________
COUNTY * * * OF __________
I, __________, under penalty of perjury do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2____, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up to one (1) year in jail and a fine of up to One Thousand Dollars ($1,000.00). (Miss. Code. Ann. Section 97-13-37.)
____________________
(Signature of voter)
CERTIFICATE OF ATTESTING WITNESS
Under penalty of perjury I affirm that the above named voter personally appeared before me, on this the ___ day of __________, 2____, and is known by me to be the person named, and who, after being duly sworn or having affirmed, subscribed the foregoing oath or affirmation. That the voter exhibited to me his or her blank ballot; that the ballot was not marked or voted before the voter exhibited the ballot to me; that the voter was not solicited or advised by me to vote for any candidate, question or issue, and that the voter, after marking his or her ballot, placed it in the envelope, closed and sealed the envelope in my presence, and signed and swore or affirmed the above certificate.
_________________________ _________________________
(Attesting witness) (Address)
_________________________ _________________________
(Official title) (City and State)
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I, under penalty of perjury, hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up to one (1) year in jail and a fine of up to One Thousand Dollars ($1,000.00). (Miss. Code. Ann. Section 97-13-37.)
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(2) The envelope * * * shall have
printed on the flap on the back of the envelope in bold print and in a
distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND
NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY
YOU AND AN ATTESTING WITNESS."
SECTION 13. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) * * * The examination and counting of all
absentee ballots shall be conducted as follows:
(a) At the * * * opening of the regular balloting
and at the * * *
opening of the polls, the * * * resolution
board established under Section 23-15-523 and trained in the process of
canvassing absentee ballots shall first take the envelopes containing the
absentee ballots of such electors from the * * * secure location at the circuit clerk's
office, and the name, address and precinct inscribed on each envelope shall
be announced by the election managers.
(b) The signature on
the application shall then be compared with the signature on the back of the
envelope. If it corresponds and the affidavit, if one is required, is
sufficient and the * * * resolution board find that the applicant is
a registered and qualified voter or otherwise qualified to vote, * * * the envelope shall then be opened and the ballot removed
from the envelope, without its being unfolded, or permitted to be unfolded or
examined.
(c) Having observed
and found the ballot to be regular as far as can be observed from its official
endorsement, the * * * resolution board shall deposit it in the
ballot box with the other ballots before counting any ballots and enter the
voter's name in the receipt book provided for that purpose. * * * All absentee ballots received prior to 7:00 p.m. the day
before the election shall be counted in the registrar's office by the
resolution board when the polls close and then added to the votes cast in each
precinct. All absentee ballots received after 7:00 p.m. the day before the
election but not later than the fifth business day after the election shall be
processed by the resolution board.
* * *
( * * *2) The * * * resolution board
shall also take such action as may be prescribed by the Secretary of State to
ensure compliance with the identification requirements of Section 23-15-563.
(3) The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.
SECTION 14. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) For all
absentee votes received by mail, if an affidavit or the certificate of the
officer before whom the affidavit is taken is required and such affidavit or
certificate is found to be insufficient, or if it is found that the signatures
do not correspond, or that the applicant is not a duly qualified elector in the
precinct, or otherwise qualified to vote, or that the ballot envelope is open
or has been opened and resealed, or the voter is not eligible to vote absentee * * *, the
previously cast vote shall not be allowed. Without opening the voter's
envelope the * * * resolution board shall mark across
its face "REJECTED", with the reason therefor.
(2) For all absentee votes received by mail, if the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED", with the reason therefor, and the registrar shall promptly notify the voter of such rejection. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope "REJECTED" giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.
(4) The ballots marked "REJECTED" shall be placed in a separate envelope in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county.
(5) All electors voting absentee shall be provided with written information to inform the person how to ascertain whether his or her ballot was counted and, if rejected, the reason therefor.
SECTION 15. Section 23-15-647, Mississippi Code of 1972, is amended as follows:
23-15-647. The registrar
shall keep safely and unopened all official absentee ballots which are received * * * by mail after the
applicable cutoff period establishing its validity. Upon receipt of such
ballot, the registrar shall write the day and hour of the receipt of the ballot
on its envelope. All such absentee ballots returned to the registrar after the
cutoff time shall be safely kept unopened by the registrar for the period of
time required for the preservation of ballots used in the election, and shall
then, without being opened, be destroyed in like manner as the used ballots of
the election.
SECTION 16. Section 23-15-699, Mississippi Code of 1972, is amended as follows:
23-15-699. (1) Absent voters who have requested to receive absentee ballots and balloting materials may choose to receive such ballots and balloting materials by mail, facsimile device (FAX) or electronic mail delivery (e-mail). The Secretary of State shall establish procedures that allow an absent voter to make the choice authorized by this subsection.
(2) Consistent with the choice that the absent voter exercises pursuant to subsection (1) of this section, the registrar shall, in addition to mail, be authorized to use electronic facsimile (FAX) devices and electronic mail delivery (e-mail) to transmit balloting materials and absentee ballots. If the absent voter does not indicate a preference, delivery of such information shall be by mail.
(3) The registrar is authorized to receive by electronic facsimile (FAX) devices and electronic mail delivery (e-mail):
(a) Voted absentee ballots;
(b) Completed federal postcard applications as described in Section 23-15-677, which shall serve to request absentee ballots or to register to vote or to do both simultaneously; and
(c) Completed Federal Write-In-Absentee Ballots as described in Section 23-15-692.
(4) Once the registrar has received a voted absentee ballot pursuant to this section, he shall place the ballot in an absentee ballot envelope designated for absentee ballots under this subarticle and fill out the required information on the envelope. The registrar shall then notate on the envelope that the ballot was received under this section and a signature across the flap of the envelope shall not be required. Except as provided in this section, absentee ballots received under this subsection shall be treated in the same manner as other absentee ballots received under this subarticle.
(5) Access to voted absentee ballots before they are placed in an absentee ballot envelope shall be strictly limited to election officials who must process the ballot and any election official who views the ballots before they are placed in the envelope shall have the duty to protect the secrecy of the ballot choices; however, the failure of an election official to comply with this subsection shall not invalidate the ballot.
(6) Each circuit clerk
shall furnish a suitable electronic mail delivery (e-mail) address that can be
used to allow absent voters to comply with the provisions of this subarticle.
Absentee ballots returned by mail by any absent voter as defined in
Section 23-15-673 must be received by the registrar by * * * the
deadline for receipt of mail absentee ballots provided for in Section 23-15-637.
SECTION 17. Section 23-15-721, Mississippi Code of 1972, is amended as follows:
23-15-721. (1) Absentee
ballots requested under the provisions of Section 23-15-715 for electors
temporarily residing outside the county * * * of residence shall
be mailed to the elector's address outside of the county in which he or she is
registered, and such electors shall appear before any official authorized
to administer oaths or other official authorized to witness absentee balloting
as provided in this * * * article. The elector shall exhibit to such official
his or her absentee ballot unmarked and thereupon proceed in secret to
fill in * * *
the ballot. After the elector has properly marked the ballot and
properly folded it, he or she shall deposit it in the envelope furnished
him or her. After * * * he the elector has sealed the envelope he or she
shall deliver it to the official before whom he or she is appearing and
shall subscribe and swear to the elector's certificate provided for in Section
23-15-635, which affidavit shall be printed on the back of the envelope as
provided for in Section 23-15-635 containing the elector's ballot.
(2) Electors who are temporarily or permanently physically disabled shall sign the elector's certificate and the certificate of attesting witness shall be signed by any person eighteen (18) years of age or older.
(3) After the completion of
the requirements of this section, the elector shall mail the envelope
containing the ballot to the registrar in the county wherein * * * the elector is qualified to vote. * * * The ballots must be * * * postmarked by the date of the election and received by
the registrar no more than five (5) business days after the election to be
counted; any received after such time shall be handled as provided in
Section 23-15-647 and shall not be counted.
SECTION 18. Section 23-15-731, Mississippi Code of 1972, is amended as follows:
23-15-731. Any presidential
absentee ballots received in the mail by the registrar * * * after the delivery of
ballot boxes to the election managers and * * * before the deadline for receipt of absentee ballots
provided for in Section 23-15-637 shall be retained by the registrar and
shall be delivered, together with the applications of the qualified absentee
elector to an election official designated to receive them. The registrar
shall receive a receipt from the designated election official for all such
ballots and applications delivered. The designated election officials shall,
upon the canvassing of the returns, count such ballots as if delivered to the
proper precincts and such ballots shall be considered valid for all purposes as
if they had been actually deposited in the proper precinct ballot boxes. The
appropriate election officials shall examine the affidavit of each envelope.
If the officials are satisfied that the affidavit is sufficient and that the
absentee voter is otherwise qualified to vote, an official shall announce the
name of the voter and shall give any person present an opportunity to challenge
in like manner and for the same cause as the voter could have been challenged
had he or she presented himself or herself personally in such
precinct to vote. The ineligibility of the voter to vote by absentee ballot
shall be a ground for a challenge. The officials shall consider any absentee
voter challenged when a person has previously filed a written challenge of such
voter's right to vote. The election officials shall handle any such challenge
in the same manner as other challenged ballots are handled, and if the
challenge is not affirmed, the officials shall then open the envelope. The
officials shall then open the envelope in such manner as not to destroy the
affidavit printed thereon and shall deposit the ballot marked "OFFICIAL
ABSENTEE BALLOT," in a ballot box reserved for absentee ballots. The
commissioners shall endorse on their pollbooks a proper notation to indicate
that the absentee voter has voted in such election by absentee ballot.
SECTION 19. Section 23-15-733, Mississippi Code of 1972, is amended as follows:
23-15-733. The registrar
shall keep safely and unopened all official presidential absentee ballots which
are received subsequent to the * * * deadline for receipt of mail
absentee ballots provided for in Section 23-15-637. Upon receipt of such
ballot, the registrar shall write the day and hour of the receipt of the ballot
on its envelope. All such absentee ballots returned to the registrar shall be
safely kept unopened by the registrar for the period of time required for the
preservation of ballots used in the election, and shall then, without being
opened, be destroyed in like manner as the used ballots of the election. Such
information shall be processed through the Statewide Election Management
System.
SECTION 20. Section 23-15-735, Mississippi Code of 1972, is amended as follows:
23-15-735. Except for
ballots voted in person at the office of the registrar, absentee ballots
shall not be delivered in person to an absentee voter or to any other person * * *.
SECTION 21. This act shall take effect and be in force from and after its passage.