MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Elections

By: Senator(s) Blackwell, Jordan

Senate Bill 2116

AN ACT TO AMEND SECTION 23-15-895, MISSISSIPPI CODE OF 1972, TO EXTEND THE PROHIBITION ON ELECTIONEERING ACTIVITIES TO ALL PERSONS WITHIN THE POLLING PLACE AND IN ANY PUBLIC AREA THAT IS WITHIN A SET DISTANCE OF THE POLLING PLACE; TO DEFINE THE ACTIVITIES WHICH CONSTITUTE ELECTIONEERING; 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)  For purposes of this section, the following terms shall be defined as follows:

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

(b)  "Local issue" shall have the meaning ascribed to such term in Section 23-15-375.

(2)  The following activities are prohibited within a polling place and in any public area within one hundred fifty (150) feet of a polling place:

(a)  No person may make any oral, printed or written attempt to persuade persons to refrain from voting or to vote for or vote against any candidate, constitutional amendment, local issue or other measure printed on the ballot;

(b)  No person may post or distribute cards, posters or other campaign literature in support of or in opposition to any candidate, constitutional amendment, local issue or other measure printed on the ballot;

(c)  No person may wear or display any apparel, badge, button, pin, sticker or any other insignia which identifies by name, photo or likeness any candidate, constitutional amendment, local issue or other measure printed on the ballot; and

(d)  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.

(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.  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, 2020.

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