MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Elections; Judiciary, Division B

By: Senator(s) Seymour, Tate

Senate Bill 2128

AN ACT TO AMEND SECTION 23-15-753, MISSISSIPPI CODE OF 1972, TO INCREASE PUNISHMENT FOR THE CRIME OF VOTE FRAUD TO A FINE NOT LESS THAN $1,000.00 AND A TERM OF IMPRISONMENT IN THE PENITENTIARY FOR NOT LESS THAN ONE YEAR; AND FOR RELATED PURPOSES.

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

SECTION 1.  Section 23-15-753, Mississippi Code of 1972, is amended as follows:

     23-15-753.  (1)  Any person who willfully, unlawfully and feloniously procures, seeks to procure, or seeks to influence the vote of any person voting by absentee ballot, by the payment of money, the promise of payment of money, or by the delivery of any other item of value or promise to give the voter any item of value, or by promising or giving the voter any favor or reward in an effort to influence his vote, or any person who aids, abets, assists, encourages, helps, or causes any person voting an absentee ballot to violate any provision of law pertaining to absentee voting, or any person who sells his vote for money, favor, or reward, has been paid or promised money, a reward, a favor or favors, or any other item of value, or any person who shall willfully swear falsely to any affidavit provided for in

Sections 23-15-621 through 23-15-735, shall be guilty of the felony crime of "vote fraud" and, upon conviction, shall be * * * sentenced to pay a fine of fined not less than * * * Five Hundred ($500.00) Dollars One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) * * * , or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being and shall be sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.

     (2)  It shall be unlawful for any person who pays or compensates another person for assisting voters in marking their absentee ballots to base the pay or compensation on the number of absentee voters assisted or the number of absentee ballots cast by persons who have received the assistance.  Any person who violates this section, upon conviction, shall * * *, be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) * * *, or and shall be imprisoned in the Penitentiary not less than one (1) year nor more than five (5) years, or both.

SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.

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