MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Elections
By: Senator(s) Blackwell, Jordan, Jackson (11th)
AN ACT TO AMEND SECTIONS 23-15-551 AND 23-15-691, MISSISSIPPI CODE OF 1972, BY DELETING THE OPTION OF MARKING ELECTION BALLOTS WITH INDELIBLE PENCIL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-551, Mississippi Code of 1972, is amended as follows:
23-15-551. On receiving his
or her ballot, the voter shall go without undue delay into one (1) of the
voting compartments and shall there prepare his or her ballot by marking with
ink * * * on the appropriate margin
or place a cross (X) opposite the name of the candidate of his or her choice
for each office or by writing in the name of a candidate in the blank space
provided, and marking a cross (X) opposite thereto, and likewise a cross (X)
opposite the answer he or she desires to give in case of an election on a
constitutional amendment, local option election, referenda or any other
question or matter. As an alternative method, a voter may, at his or her
option, prepare a ballot by marking with ink * * * in the appropriate margin or place a check, in the form of
and similar to a "V", opposite the name of the candidate of his or
her choice for each office or by writing in the name of a candidate in
the blank space provided and marking a check in the form of and similar to a
"V", opposite thereto, and likewise a check, in the form of and
similar to a "V", opposite the answer he or she desires to give in
case of an election on a constitutional amendment, local option election,
referenda or other question or matter, either of which methods of marking,
whether by a cross (X) or by a check in the form of and similar to a
"V", is authorized. Before leaving the voting compartment, the voter
shall fold his or her ballot without displaying its markings, but so that the
words "OFFICIAL BALLOT," followed by the designation of the voting
precinct and the date of the election, shall be visible to the poll managers,
then deposit his or her ballot directly into the ballot box. This shall be
done without undue delay, and as soon as the voter has voted he or she shall
promptly exit the polling place. A voter shall not be allowed to occupy a
voting compartment already occupied by another voter, nor any compartment longer
than ten (10) minutes, if other voters are not waiting, nor longer than five
(5) minutes if other voters are waiting. A person shall not be allowed in the
room in which the ballot boxes, compartments, tables and shelves are, except
the officers of the election, and those appointed by them to assist therein,
and those authorized by Section 23-15-577. The mere fact that a ballot was
marked in pencil shall not disqualify the ballot from being counted.
SECTION 2. Section 23-15-691, Mississippi Code of 1972, is amended as follows:
23-15-691. As soon as possible after the printing of the official absentee ballot for any election, the registrar of the county shall send to any absent voter as defined in this subarticle, who shall, upon proper application, have requested same, the official absentee voter ballot or ballots provided for in this subarticle and the instructions for voting and returning the ballot. If the ballot is sent by mail the registrar shall send a self-addressed envelope or envelopes with the ballot and the instructions.
If the ballot is sent by mail, the gummed flap of the envelope provided for the return of the ballot must be separated by wax paper or other appropriate protective insert from the remaining balloting material. The voting instructions shall require a notation of the facts on the back of the envelope duly signed by the voter.
If applicable, the
instructions shall indicate that the ballot shall be marked in ink * * *. The mere fact that a
ballot was marked in pencil shall not disqualify the ballot from being counted.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.