MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Elections
By: Senator(s) Jackson (32nd)
AN ACT TO AMEND SECTIONS 23-15-631, 23-15-635, 23-15-639, 23-15-719 AND 23-15-721, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ABSENTEE BALLOTS BE PLACED IN AN UNMARKED ENVELOPE INSIDE THE ENVELOPE UPON WHICH THE REQUIRED AFFIDAVITS ARE PRINTED IN ORDER TO ENSURE SECRECY OF THE BALLOT; TO REVISE THE PROCEDURES FOR HANDLING ABSENTEE BALLOTS TO CONFORM TO THIS REQUIREMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-631, Mississippi Code of 1972, is amended as follows:
23-15-631. (1) The registrar shall enclose with each ballot provided 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, place the ballot in the unmarked envelope, and place the unmarked
envelope in the envelope with the "ELECTOR'S CERTIFICATE" on the back
of the envelope. Fill out and sign the "ELECTOR'S CERTIFICATE"
on the back of * * *
that 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 * * *
that 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, excepting presidential absentee
ballots, will reach the registrar in which your precinct is located not later
than 5:00 p.m. on the day preceding the date of 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 * * *. However, * * * 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 2. 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 voters who do not use the registrar of their county of residence as an attesting witness and who are not absent voters as defined in Section 23-15-673, shall be as follows:
"ELECTOR'S CERTIFICATE
STATE OF __________
COUNTY OR PARISH 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 * * * unmarked
envelope among the other ballots cast before such ballots are counted, to
open my unmarked envelope when the other ballots are counted, to remove my
ballot from the unmarked envelope and count it, 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 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 ballot, placed it in
the provided unmarked envelope, placed the unmarked envelope in this
envelope, closed and sealed * * * this 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 used pursuant to this section shall not contain the form prescribed pursuant to Section 23-15-719 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 3. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) In elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, 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 election managers find that the applicant is a registered
and qualified voter or otherwise qualified to vote, and that he has not
appeared in person and voted at the election, the envelope shall then be opened
and the unmarked envelope containing the ballot removed from the
envelope, without * * *
it being * * * opened.
(c) * * * The election
managers shall deposit * * *
the unmarked envelope containing the ballot 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 and mark "VOTED" in the
pollbook or poll list as if he had been present and voted in person. When
the ballots are counted, the unmarked envelope shall be opened, and the
absentee ballot shall be removed from the envelope. After the election
managers observe and find the ballot to be regular as far as can be observed
from its official endorsement, the ballot shall be counted and added to the
vote total. If voting machines are used, all unmarked envelopes
containing absentee ballots shall be placed in the ballot box before any
ballots are counted, and the election managers in each precinct shall
immediately open the unmarked envelopes containing absentee ballots,
count * * *
those ballots and add them to the votes cast in the voting machine or
device.
(2) In elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, 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 election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the unopened envelope shall be marked "ACCEPTED" and the election managers shall enter the voter's name in the receipt book provided for that purpose and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person.
(c) All absentee ballot envelopes shall then be placed 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. The official in charge of the election shall open the envelopes marked "ACCEPTED" and remove the unmarked enveloped containing the absentee ballot from the envelope.
(d) * * * The unmarked envelope
containing the absentee ballot shall be opened and the ballot examined.
After the election managers observe the ballot and find it to be regular as far
as can be observed from its official endorsement, the ballot shall be
processed through the central optical scanner. The scanned totals shall then
be combined with the direct recording electronic voting system totals for the
unofficial vote count.
When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.
(3) The election managers 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.
SECTION 4. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719. (1) Immediately upon completion of an application filed pursuant to the provisions of paragraph (a) of Section 23-15-715, the registrar shall deliver the necessary ballots and envelopes to the applicant. 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, unless he delivers the ballots in the office of the registrar. The elector shall fill in his ballot in secret. After the applicant has properly marked the ballot and properly folded it, he shall deposit it in the unmarked envelope furnished him by the registrar and place the unmarked envelope in the envelope containing the affidavit required by this section.
After he has sealed the envelope, he shall subscribe and swear to an affidavit 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 an unmarked envelope containing 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 * * *
the unmarked envelope among the other ballots cast before such ballots
are counted, to open my unmarked envelope when the other ballots are
counted, to remove my ballot from the unmarked envelope and count it, 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 unmarked envelope and 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 5. Section 23-15-721, Mississippi Code of 1972, is amended as follows:
23-15-721. (1) Electors temporarily residing outside the county and obtaining an absentee ballot under the provisions of paragraph (b) of Section 23-15-715 shall appear before any official authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter. The elector shall exhibit to such official his absentee ballot unmarked and thereupon proceed in secret to fill in his ballot. After the elector has properly marked the ballot and properly folded it, he shall deposit it in the unmarked envelope furnished him and shall place the unmarked envelope in the envelope with the affidavit printed on it. After he has sealed the envelope he shall deliver it to the official before whom he 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.
(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 said elector is qualified to vote. Except as otherwise provided by Section 23-15-699 and excluding presidential ballots as provided for in Sections 23-15-731 and 23-15-733, the ballots must be received by the registrar prior to 5:00 p.m. on the day preceding the election to be counted.
SECTION 6. This act shall take effect and be in force from and after July 1, 2020.