MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Elections

By: Senator(s) Tate

Senate Bill 2587

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 23-15-637, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE REGISTRAR TO ALPHABETIZE RECEIVED ABSENTEE BALLOTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-637, Mississippi Code of 1972, is amended as follows:

     23-15-637.  (1)  (a)  Absentee ballots and applications received by mail, except for fax or electronically transmitted ballots as otherwise provided by Section 23-15-699 for UOCAVA ballots, must be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted.

          (b)  All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast with an absentee paper ballot and deposited into a sealed ballot box by the voter, not later than 12:00 noon * * *, or 5:00 p.m. during the year 2020 on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days.  At the close of business each day at the office of the registrar, the registrar may alphabetize the ballots and separate the ballots by precinct, and the ballot box used shall be sealed and not unsealed until the beginning of the next business day, and the seal number shall be recorded with the number of ballots cast which shall be stored in a secure location in the registrar's office.

     (2)  The registrar shall deposit all absentee ballots which have been timely cast and received by mail in a secured and sealed box in a designated location in the registrar's office upon receipt.  The registrar shall not send any absentee ballots to the precinct polling locations.

     (3)  The Secretary of State shall promulgate rules and regulations necessary to ensure that when a qualified elector who is qualified to vote absentee votes by absentee ballot, either by mail or in person with a regular paper ballot, that person's absentee vote is final and he or she may not vote at the polling place on election day.  Notwithstanding any other provisions of law to the contrary, the Secretary of State shall promulgate rules and regulations necessary to ensure that absentee ballots shall remain in the registrar's office for counting and not be taken to the precincts on election day.

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