House Bill 1080

AN ACT TO AMEND SECTION 23-15-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ONLY THOSE SPECIFIC CRIMES LISTED IN SECTION 241, MISSISSIPPI CONSTITUTION OF 1890, SHALL BE DISENFRANCHISING; TO PROHIBIT THE ATTORNEY GENERAL FROM INTERPRETING, THROUGH OPINION OR OTHERWISE, ANY CRIME OTHER THAN THOSE LISTED IN SECTION 241, MISSISSIPPI CONSTITUTION OF 1890, AS DISENFRANCHISING; TO PROVIDE THAT NO PERSON WHO LOST THE RIGHT TO VOTE BECAUSE HE OR SHE WAS CONVICTED OF ANY CRIME INTERPRETED AS DISENFRANCHISING IN AN ATTORNEY GENERAL OPINION SHALL CONTINUE TO BE DISENFRANCHISED; TO AMEND SECTIONS 23-15-11 AND 23-15-151, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 97-39-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 23-15-19, Mississippi Code of 1972, is amended as follows:

23-15-19. Any person who has been convicted of * * *~~vote fraud or~~ any crime listed in Section 241, Mississippi Constitution of 1890, such crimes defined as "disenfranchising," shall not be registered, or if registered the name of the person shall be removed from the Statewide Elections Management System by the registrar or the election commissioners of the county of his or her residence. Notwithstanding any other provision of law to the contrary, only those specific crimes listed in Section 241, Mississippi Constitution of 1890, shall be disenfranchising, and the Attorney General is not authorized to interpret, through opinion or otherwise, any other crime as disenfranchising. From and after the passage of this act, no person who lost the right to vote because he or she was convicted of any crime interpreted as disenfranchising in an Attorney General opinion shall continue to be disenfranchised. Whenever any person shall be convicted in the circuit court of his or her county of a disenfranchising crime, the county registrar shall thereupon remove his or her name from the Statewide Elections Management System; and whenever any person shall be convicted of a disenfranchising crime in any other court of any county, the presiding judge of the court shall, on demand, certify the fact in writing to the registrar of the county in which the voter resides, who shall thereupon remove the name of the person from the Statewide Elections Management System and retain the certificate as a record of his or her office.

SECTION 2. Section 23-15-11, Mississippi Code of 1972, is amended as follows:

23-15-11. (1) Every inhabitant of this state, except persons adjudicated to be non compos mentis, 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, if he or she:

(a) * * *~~who~~ Is a citizen of the United States of America * * *,;

(b) Is eighteen (18) years old and upwards * * *~~, who~~;

(c) 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~~ ;

(d) Has been duly registered as an elector under Section 23-15-33 * * *, ; and

(e) * * *~~who~~ Has never been convicted of * * *~~vote fraud or of~~ any crime listed in Section 241, Mississippi Constitution of 1890 * * *.

(2) If the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.

(3) 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.

(4) No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.

SECTION 3. Section 23-15-151, Mississippi Code of 1972, is amended as follows:

23-15-151. The circuit clerk of each county is authorized and directed to prepare and keep in his or her office a full and complete list, in alphabetical order, of persons convicted * * *~~of voter fraud or~~ of any crime listed in Section 241, Mississippi Constitution of 1890. A certified copy of any enrollment by one clerk to another will be sufficient authority for the enrollment of the name, or names, in another county. A list of persons convicted of * * * ~~voter fraud,~~ any crime listed in Section 241, Mississippi Constitution of 1890, * * * shall also be entered into the Statewide Elections Management System on a quarterly basis. Voters who have been convicted in a Mississippi state court of any disenfranchising crime are not qualified electors as defined by Section 23-15-11 and shall be purged or otherwise removed by the county registrar or county election commissioners from the Statewide Elections Management System.

SECTION 4. Section 97-39-3, Mississippi Code of 1972, is brought forward as follows:

97-39-3. If any person shall fight a duel, or give or accept a challenge to fight a duel, or knowingly carry or deliver such challenge or the acceptance thereof, or be second to either party to any duel, whether such act be done in the state or out of it, or who shall go out of the state to fight a duel, or to assist in the same as second, or to send, accept, or carry a challenge, shall be disqualified from holding any office, be disenfranchised, and incapable of holding or being elected to any post of honor, profit or emolument, civil or military, under the constitution and laws of this state; and the appointment of any such person to office, as also all votes given to any such person, are illegal, and none of the votes given to such person for any office shall be taken or counted.

SECTION 5. This act shall take effect and be in force from and after its passage.