MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Apportionment and Elections
By: Representative Scott
AN ACT TO PROVIDE THAT A QUALIFIED ELECTOR WHO WISHES TO REGISTER TO VOTE MAY REGISTER ON THE DAY OF THE ELECTION AND THEN PROCEED TO CAST HIS OR HER VOTE AT THE PROPER POLLING PLACE; TO PROVIDE THE LOCATION TO CONDUCT THE REGISTRATION ON ELECTION DAY; TO PROVIDE THE IDENTIFICATION REQUIRED TO BE PRESENTED IN ORDER TO REGISTER TO VOTE ON ELECTION DAY; TO PROVIDE THE PROCEDURES THAT POLL MANAGERS SHALL IMPLEMENT WHEN A PERSON REGISTERS TO VOTE ON ELECTION DAY; TO PROVIDE THAT ELECTION DAY REGISTRATION BALLOTS SHALL BE TREATED THE SAME AS ABSENTEE BALLOTS FOR CERTAIN PURPOSES; TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE THE NECESSARY RULES AND REGULATIONS TO EFFECTUATE SAME DAY VOTER REGISTRATION; TO AMEND SECTIONS 23-15-11, 23-15-13, 23-15-35, 23-15-37, 23-15-39, 23-15-41 AND 23-15-125, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 23-15-153, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
WHEREAS, according to the National Conference of State Legislators (NCSL), as of 2020, a total of twenty-one (21) states and the District of Columbia have enacted same day voter registration, which allows any qualified resident of the state to go to register to vote and cast a ballot all in that same day; and
WHEREAS, based on research from the NCSL, there is strong evidence that same day voter registration increases voter turnout, and same day voter registration states tend to outperform other states in terms of turnout percentages; and
WHEREAS, according to NCSL, all states that implement same day voter registration employ various measures to ensure the security of same day voter registration in order to uphold the integrity of the election; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Notwithstanding any other provision of law to the contrary, a qualified elector who wishes to register to vote may register on the day of the election and then proceed to cast his or her vote at the proper polling place.
(2) The election commissioners of each county may designate a location for the completion and processing of election day registration applications through the Statewide Elections Management System. The election commissioners shall be authorized to appoint one or more additional poll managers to serve at the designated location and accept and process registration applications. The election commissioners shall supervise such poll managers and train them as necessary for the registration of voters as otherwise provided by law. Such additional poll managers shall be compensated as otherwise provided by law.
(3) (a) Any person applying to register on election day under the provisions of this section shall appear in person at a location designated by the election commissioners for election day registration and declare under oath that the person has not previously voted in the election.
(b) Such applicant shall present the photo identification required in Section 23-15-563 to the poll managers at the location. If this identification does not include proof of the applicant's residential address, the applicant shall also submit identification that shows the applicant's bona fide residence address, including, but not limited to, a utility bill that has the applicant's name and current address and that has a due date that is not later than thirty (30) days after the election.
(c) If the poll managers determine that an applicant has satisfied all of the provisions of this section and Section 23-15-11, the election commissioners shall check the Statewide Elections Management System before entering such applicant as an elector.
(d) If the poll managers determine that the applicant has satisfied all of the provisions of this section and Section 23-15-11, and the applicant is not already registered as an elector as determined by the Statewide Elections Management System, the poll managers shall admit the applicant as a qualified elector and all of the privileges of a qualified elector shall attach immediately.
(e) (i) If a qualified elector registers to vote on election day as provided in this section, the poll managers shall provide the elector an election day registration ballot and an election day registration envelope and make a record of such issuance. The ballot shall be clearly marked that it is an election day registration ballot and shall be in the same form as other ballots for the election and the back of the election day registration envelope shall be imprinted with an affirmation that the elector shall declare under oath that he or she has not previously voted in the election. The affirmation shall be in the form substantially as follows and signed by the elector:
"AFFIRMATION
I, the undersigned, do hereby state, under penalty of false statement, (perjury) that:
1. I am the person admitted here as an elector in the precinct indicated.
2. I am eligible to vote in the election indicated for today in the precinct indicated.
3. The information I have presented as identification is correct and complete.
4. I reside at the address that I have given to the poll managers.
5. If previously registered at another location, I have provided such address to the poll managers and hereby request cancellation of such prior registration.
6. I have not voted in person or by absentee ballot and I will not vote otherwise than by this ballot at this election.
7. I completed an application for an election day registration ballot and received an election day registration ballot.
__________________________
(Signature of voter)"
(ii) After the elector has marked the election day registration ballot as other paper ballots are marked as provided in this chapter, the elector shall place the election day registration ballot in the election day registration envelope provided, and deposit such envelope in a secured election day registration ballot box. At the time of the close of the polls, the election day registration ballot box shall be transported as provided in this chapter for other ballot boxes. Such election day registration ballots shall be counted as provided by this chapter for the counting of absentee ballots on election day.
(4) The provisions of this chapter and provisions concerning procedures relating to the custody, control and counting of absentee ballots shall apply as nearly as possible, to the custody, control and counting of election day registration ballots under subsections (a) to (e) of this section.
(5) After the acceptance of an election day registration, the election commissioners shall send a registration confirmation notice to the residential address of each applicant who is admitted as an elector on election day under subsections (a) to (e) of this section. Such confirmation shall be sent by first class mail with instructions on the envelope that it be returned if not deliverable at the address shown on the envelope.
(6) Notwithstanding the provisions of any laws or parts of laws in conflict with this section, the provisions of this section shall be controlling to the extent of the conflict.
(7) The Secretary of State shall promulgate rules and regulations necessary to effectuate same day voter registration, including measures to inform the public about the availability of same day voter registration.
SECTION 2. Section 23-15-11, Mississippi Code of 1972, is amended as follows:
23-15-11. Every inhabitant
of this state, except persons adjudicated to be non compos mentis, who is a
citizen of the United States of America, eighteen (18) years old and upwards,
who has resided in this state for thirty (30) days and for thirty (30) days in
the county in which he or she seeks to vote, and for thirty (30) days in the
incorporated municipality in which he or she seeks to vote, and who has been
duly registered as an elector under Section 23-15-33, and who has never been
convicted of vote fraud or of any crime listed in Section 241, Mississippi
Constitution of 1890, shall be a qualified elector in and for the county, municipality
and voting precinct of his or her residence, and shall be entitled to vote at
any election upon compliance with Section 23-15-563. * * * Except as
otherwise provided in Section 1 of this act, any person who will be
eighteen (18) years of age or older on or before the date of the general
election and who is duly registered to vote not less than thirty (30) days
before the primary election associated with the general election, may vote in
the primary election even though the person has not reached his or her
eighteenth birthday at the time that the person seeks to vote at the primary
election. Except as otherwise provided in Section 1 of this act, no
others than those specified in this section shall be entitled, or shall be
allowed, to vote at any election.
SECTION 3. Section 23-15-13, Mississippi Code of 1972, is amended as follows:
23-15-13. (1) An elector
who moves from one (1) ward or voting precinct to another ward within the same
municipality or voting precinct within the same county shall not be
disqualified to vote, but he or she shall be entitled to have his or her
registration transferred to his or her new ward or voting precinct upon making
written request therefor at any time up to * * * the day of the election
at which he or she offers to vote * * *.
* * *
(2) If an elector requests a change in his or her address under Section 23-15-49 and the address is located in a precinct in the county or municipality that differs from the precinct as reflected in the then current registration records, the request shall be treated in the same manner as a written request to transfer the elector's registration under subsection (1) of this section.
SECTION 4. Section 23-15-35, Mississippi Code of 1972, is amended as follows:
23-15-35. (1) The clerk of the municipality shall be the registrar of voters of the municipality, and shall take the oath of office prescribed by Section 268 of the Constitution. The municipal registration shall conform to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. The municipal clerk shall comply with all the provisions of law regarding the registration of voters, including the use of the voter registration applications used by county registrars and prescribed by the Secretary of State under Sections 23-15-39 and 23-15-47 and the provisions of Section 1 of this act.
(2) The municipal clerk shall be authorized to register applicants as county electors. The municipal clerk shall forward notice of registration, a copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the county registrar or by personal delivery to the county registrar provided that a numbered receipt is signed by the county registrar in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, and if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a county elector, then the county registrar shall make a determination of the county voting precinct in which the person making the application shall be required to vote. The county registrar shall send this county voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection (2) shall be paid by the county board of supervisors. If a review of the copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the county, the county registrar shall challenge the application. The county election commissioners shall review any challenge or disqualification, after having notified the applicant by certified mail of the challenge or disqualification.
(3) The municipal clerk shall issue to the person making the application a copy of the application and the county registrar shall process the application in accordance with the law regarding the handling of voter registration applications.
(4) The receipt of a copy of the application for registration sent pursuant to Section 23-15-39(3) shall be sufficient to allow the applicant to be registered as an elector in the municipality, provided that such application is not challenged as provided for therein.
(5) The municipal clerk of each municipality shall provide the county registrar in which the municipality is located the information necessary to conform the municipal registration to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. If any changes to the information occur as a result of redistricting, annexation or other reason, it shall be the responsibility of the municipal clerk to timely provide the changes to the county registrar.
SECTION 5. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The registrar shall register the electors of his or her county at any time during regular office hours and on election day as provided in Section 1 of this act.
(2) The county registrar may keep his or her office open to register voters from 8:00 a.m. until 7:00 p.m., including the noon hour, for the five (5) business days immediately preceding the thirtieth day before any regularly scheduled primary or general election. The county registrar shall also keep his or her office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day before any regularly scheduled primary or general election, unless that Saturday falls on a legal holiday, in which case registration applications submitted on the Monday immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling such voters to vote in the next primary or general election. Qualified electors shall be allowed to register to vote and cast a ballot on election day as provided in Section 1 of this act.
(3) The registrar, or any deputy registrar duly appointed by law, may visit and spend such time as he or she may deem necessary at any location in his or her county, selected by the registrar not less than thirty (30) days before an election, for the purpose of registering voters.
(4) A person who is physically disabled and unable to visit the office of the registrar to register to vote due to such disability may contact the registrar and request that the registrar or the registrar's deputy visit him or her for the purpose of registering such person to vote. The registrar or the registrar's deputy shall visit that person as soon as possible after such request and provide the person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or the registrar's deputy.
(5) (a) In the fall and spring of each year the registrar of each county shall furnish all public schools with mail-in voter registration applications. The applications shall be provided in a reasonable time to enable those students who will be eighteen (18) years of age before a general election to be able to vote in the primary and general elections.
(b) Each public school district shall permit access to all public schools of this state for the county registrar or the county registrar's deputy to register persons who are eligible to vote and to provide voter education.
SECTION 6. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) (a) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a form established by rule duly adopted by the Secretary of State.
(b) Applications for registration on election day as provided in Section 1 of this act shall be made upon a form established by rule duly adopted by the Secretary of State and as provided in Section 1 of this act.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person, and the county registrar shall mail the applicant a voter registration card to the mailing address provided on the application.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he or she is a resident and may take the application with him or her and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be the registrar's duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. The registrar shall not charge a fee or cost to the applicant for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he or she shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read the application and oath to the person and the person's answers thereto shall be recorded by the registrar or the registrar's deputy. The person shall be registered as an elector if he or she otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The county registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) In any case in which the corporate boundaries of a municipality change, whether by annexation or redistricting, the municipal clerk shall, within ten (10) days after approval of the change in corporate boundaries, provide to the county registrar conforming geographic data that is compatible with the Statewide Elections Management System. The data shall be developed by the municipality's use of a standardized format specified by the Statewide Elections Management System. The county registrar, county election commissioner or other county official, who has completed an annual training seminar sponsored by the Secretary of State pertaining to the implementation of new boundary lines in the Statewide Elections Management System and received certification for that training, shall update the municipal boundary information into the Statewide Elections Management System. The Statewide Elections Management System updates the municipal voter registration records and assigns electors to their municipal voting precincts. The county registrar shall forward to the municipal clerk written notification of the additions and changes, and the municipal clerk shall forward to the affected municipal electors written notification of the additions and changes.
SECTION 7. Section 23-15-41, Mississippi Code of 1972, is amended as follows:
23-15-41. (1) When an applicant to register to vote has completed the application form as prescribed by administrative rule, the county registrar shall enter the applicant's information into the Statewide Elections Management System where the applicant's status will be marked as "ACTIVE," "PENDING" or "REJECTED," and the applicant shall be entitled to register upon his or her request for registration made in person to the registrar, or deputy registrar if a deputy registrar has been appointed. Except as otherwise provided in Section 1 of this act, no person other than the registrar, or a deputy registrar, shall register any applicant.
(2) If an applicant is not qualified to register to vote, then the registrar shall enter the applicant's information into the Statewide Elections Management System and mark the applicant's status as "PENDING" or "REJECTED," with the specific reason or reasons for that status noted. The registrar shall notify the election commission of those applicants rejected.
SECTION 8. Section 23-15-125, Mississippi Code of 1972, is amended as follows:
23-15-125. The pollbook of
each voting precinct shall designate the voting precinct for which it is to be
used, and shall be ruled in appropriate columns, with printed or written
headings, as follows: date of registration; voter registration number; name of
electors; date of birth; and a number of blank columns for the dates of elections.
All qualified applicants who register with the registrar shall be entered in
the Statewide Elections Management System. * * * When county election
commissioners determine that any elector is disqualified from voting, by reason
of death, conviction of a disenfranchising crime, removal from the
jurisdiction, or other legal cause, that fact shall be noted in the Statewide
Elections Management System and the voter's name shall be removed from the
Statewide Elections Management System, the state's voter roll and the county's
pollbooks. Nothing in this section shall preclude the use of electronic
pollbooks.
SECTION 9. Section 23-15-153, Mississippi Code of 1972, is brought forward as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
(c) The board of supervisors may, in its discretion, pay the election commissioners an additional amount not to exceed Fifty Dollars ($50.00) for the performance of their duties at any election occurring from July 1, 2020, through December 31, 2020, which shall be considered additional pandemic pay. Such compensation shall be payable out of the county general fund, and may be payable from federal funds available for such purpose, or a combination of both funding sources.
(5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
(7) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information.
(8) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections.
(9) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day.
(10) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
________________________________________________________________
________________________________________________________________
________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $100.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____ day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239.
SECTION 10. Section 1 of this act shall be codified as a new section in Article 3, Chapter 15, Title 23, Mississippi Code of 1972.
SECTION 11. This act shall take effect and be in force from and after July 1, 2021.