MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Elections
By: Senator(s) Tate
AN ACT TO AMEND SECTION 23-15-637, MISSISSIPPI CODE OF 1972, TO REQUIRE THE REGISTRAR TO ALPHABETIZE RECEIVED ABSENTEE BALLOTS; TO AMEND SECTION 23-15-639, MISSISSIPPI CODE OF 1972, TO REQUIRE THE RESOLUTION BOARD TO TALLY ABSENTEE BALLOTS AT THE OPENING OF THE POLLS; TO AMEND SECTIONS 23-15-645 AND 23-15-517, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 * * * 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. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) The examination and counting of all absentee ballots shall be conducted as follows:
(a) At the opening of the regular balloting and at the opening of the polls, the resolution board established under Section 23-15-523 and trained in the process of canvassing absentee ballots shall first take the envelopes containing the absentee ballots of such electors from the secure location at the circuit clerk's office, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.
(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.
(c) Having observed
and found the ballot to be regular as far as can be observed from its official
endorsement, the resolution board shall unfold the ballot and scan and/or
tally the ballot and deposit it in the ballot box with the other ballots * * * and enter the
voter's name in the receipt book provided for that purpose. At the close of
the polls, the tally of all absentee ballots received prior to 7:00 p.m.
the day before the election shall be * * * added to the votes cast in each
precinct. All absentee ballots received after 7:00 p.m. the day before the
election but not later than the fifth business day after the election shall be
processed by the resolution board.
(2) The resolution board shall also take such action as may be prescribed by the Secretary of State to ensure compliance with the identification requirements of Section 23-15-563.
(3) The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.
SECTION 3. Section 23-15-645, Mississippi Code of 1972, is amended as follows:
23-15-645. (1) Absentee
ballots cast in the registrar's office and received by mail that are deposited
into a sealed ballot box shall be processed on election day * * *, tallied * * * in
accordance with Section 23-15-639 and announced simultaneously with all
other votes cast on election day.
(2) After the votes have been counted, the officials shall preserve all applications, envelopes and the list of absent voters along with the mailed paper and paper ballots and other election materials and return the same to the registrar.
(3) Notwithstanding any other provision of law to the contrary, for federal and presidential general, special or primary elections, packages of protested, void and wholly blank ballots, voted ballots, open packages of unused ballots, sealed packages of unused ballots, and all absentee and military ballots and ballot envelopes, if any, shall be preserved for twenty-two (22) months after the date of any such general, special or primary election. For all other statewide, county or municipal elections, sealed packages of unused ballots, packages of protested, void and wholly blank ballots, open packages of unused ballots and all absentee and military ballots and ballot envelopes shall be retained for four (4) months, and may then be destroyed, provided a certificate articulating the election district identifying data and numbers of such ballots is filed with the balance of ballots described in this section, for the balance of the twenty-two-month retention period.
SECTION 4. Section 23-15-517, Mississippi Code of 1972, is amended as follows:
23-15-517. At least one (1) hour before the opening of the polls, the officials in charge of the election shall arrive at the polling place and set up the voting booths so that they will be in clear view of the poll managers; the poll managers shall examine the ballots to verify that they have the correct ballots for their precinct and check the supplies, records and forms, and post the sample ballots and instructions to the voters. They shall also inspect the ballot boxes to ensure they contain only voted absentee ballots in their envelopes with the required applications, and then seal the box for voting.
Each voter shall receive
written and/or verbal instructions by the poll managers instructing the voter
how to properly vote the paper ballot before the voter enters the voting
booth. If any voter needs additional instructions after entering the voting
booth, two (2) poll managers may, if necessary, enter the booth and give him or
her such additional instructions. If any voter spoils a ballot the voter may
obtain others, one (1) at a time, not exceeding three (3) in all, upon
returning each spoiled ballot. The word "SPOILED" shall be written
across the face of the ballot and it shall be deposited into the sealed ballot
box. When the polls close once the last ballot has been cast or at 7:00 p.m.,
whichever is later, the poll managers shall break the seal on the ballot box to * * * begin closing
procedures. Ballots marked as spoiled shall be bundled together and placed
in an envelope designated for spoiled ballots. Once the polls have officially
closed, the envelope that contains the spoiled ballots and the unused ballots
shall be placed in the ballot box or other container provided for that
purpose which shall be sealed and returned to the officials in charge of the
election.
SECTION 5. This act shall take effect and be in force from and after July 1, 2021.