MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representatives Owen, Ford (73rd)
AN ACT TO AMEND SECTIONS 97-13-3, 97-13-5, 97-13-7, 97-13-9, 97-13-35, 97-13-36, 97-13-37, 97-13-43, 23-15-93, 23-15-561, 23-15-627, 23-15-635, 23-15-751 AND 23-15-753, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR COMMITTING CERTAIN ELECTION CRIMES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-13-3, Mississippi Code of 1972, is amended as follows:
97-13-3. If any person
shall offer or give a gift, money, financial award, reward or other promise
thereof to another for the purpose of inducing him, by any unlawful means not
amounting to bribery, to procure any person to vote at any election for or
against any person or measure, the person so giving or offering such reward
shall, upon conviction thereof, be imprisoned in the * * * State Penitentiary not more
than * * *
ten (10) years, or fined not more than * * * Ten
Thousand Dollars ($10,000.00), or both.
SECTION 2. Section 97-13-5, Mississippi Code of 1972, is amended as follows:
97-13-5. Any such manager
who shall proceed to any election without having the ballot box locked and
secured in the manner directed by law, or who shall open and read or consent to
any other person opening and reading any ballot given him to be deposited in
the box at such election, before it is put into the box, shall, upon
conviction, be imprisoned in the * * * State Penitentiary not more than * * * ten (10) years, or be fined not more than * * * Ten
Thousand Dollars ($10,000.00),
or both.
SECTION 3. Section 97-13-7, Mississippi Code of 1972, is amended as follows:
97-13-7. Any manager of an
election who, before the votes are counted, shall dispose of or deposit the
ballot box in a manner not authorized by law, or shall, at any time after the
election has begun and before the ballots are counted, give access to the
ballot box with which he is entrusted to any other, shall, upon conviction, be imprisoned in the * * * State Penitentiary not more than * * * ten (10) years, or be fined not more than * * * Ten
Thousand Dollars ($10,000.00),
or both.
SECTION 4. Section 97-13-9, Mississippi Code of 1972, is amended as follows:
97-13-9. If any manager or
clerk of any election shall knowingly make or consent to any false entry on the
list of persons voting, or shall permit to be put in the ballot box any ballot
not given by a voter, or shall take out of such box, or permit to be so taken
out, any ballot deposited therein except in the manner prescribed by law, or
shall, by any other act or omission, designedly destroy or change the ballots
given by the electors, he shall, upon conviction, be punished by imprisonment
in the State Penitentiary for a term not * * * less than two (2)
years nor more than twenty (20) years, or be fined not more than * * * Twenty
Thousand Dollars ($20,000.00), or both.
SECTION 5. Section 97-13-35, Mississippi Code of 1972, is amended as follows:
97-13-35. (1) Any person
who shall vote at any election, not being legally qualified, or who shall vote
in more than one (1) county, or at more than one (1) place in any county or in
any city, town, or village entitled to separate representation, or who shall
vote out of the district of his legal domicile, or who shall vote or attempt to
vote in the primary election of one (1) party when he shall have voted on the
same date in the primary election of another party, shall, upon conviction, be imprisoned in the * * * State Penitentiary not * * * less than two
(2) years but nor more than twenty (20) years, or be fined not more than * * * Twenty
Thousand Dollars ($20,000.00), or both.
(2) Any person who shall vote in the second primary
election of one (1) party when he voted in the first primary election of
another party preceding the same regular, special, or general election shall,
upon conviction, be guilty of a * * * felony and be imprisoned in
the * * *
State Penitentiary not * * * less than
two (2) years nor more than twenty (20) years, or be fined not more than * * * Twenty
Thousand Dollars ($20,000.00), or both.
SECTION 6. Section 97-13-36, Mississippi Code of 1972, is amended as follows:
97-13-36. Any person who
shall knowingly vote at any election in more than one (1) county or at more
than one (1) place in any county, municipality or other political subdivision
with the intent to have more than one (1) vote counted in any election shall be
guilty of the crime of multiple voting and, upon conviction, shall be imprisoned in the State Penitentiary not * * * less than
two (2) years nor more than twenty (20) years, or be fined not more than * * * Twenty
Thousand Dollars ($20,000.00), or both * * *.
SECTION 7. Section 97-13-37, Mississippi Code of 1972, is amended as follows:
97-13-37. Whoever shall
procure, or endeavor to procure, the vote of any elector, or the influence of
any person over other electors, at any election, for himself or any candidate,
by means of violence, threats of violence, or threats of withdrawing custom, or
dealing in business or trade, or of enforcing the payment of a debt, or of
bringing a suit or criminal prosecution, or by any other threat or injury to be
inflicted by him, or by his means, or shall violate any provision of Section 23-15-871
or 23-15-874, shall, upon conviction, be imprisoned in the county jail not * * * less than two
(2) years nor more than twenty (20) years, or be fined not more than * * * Twenty
Thousand Dollars ($20,000.00), or both.
SECTION 8. Section 97-13-43, Mississippi Code of 1972, is amended as follows:
97-13-43. Any person who
willfully tampers with or damages any voting machine or tabulating computer or
device to be used or being used at or in connection with any election or who
prevents or attempts to prevent the correct operation of any voting machine or
tabulating computer or device shall be guilty of a felony and, upon conviction,
be punished by imprisonment for not * * * less than two (2)
years nor more than twenty (20) years, or be fined * * * Twenty
Thousand Dollars ($20,000.00), or both.
SECTION 9. Section 23-15-93, Mississippi Code of 1972, is amended as follows:
23-15-93. If any election
commissioner or registrar shall refuse or neglect to perform any of the duties
imposed upon him or her by this chapter regarding the registration of electors,
or shall knowingly permit any person to sign a false affidavit or otherwise knowingly
permit any person to violate any provision of this chapter regarding the
registration of electors, or shall violate any of the provisions of this chapter
regarding the registration of electors, or if any officer taking the affidavits
as provided in this chapter regarding registration of electors shall make any
false statement in his or her certificate thereto attached, he or she shall be
deemed guilty of a crime and shall be punished by a fine not exceeding * * * Ten Thousand
Dollars ($10,000.00) or by imprisonment in the State Penitentiary
not exceeding * * * ten (10) years, or both, and shall be removed
from office.
SECTION 10. Section 23-15-561, Mississippi Code of 1972, is amended as follows:
23-15-561. (1) It shall be unlawful during any primary or any other election for any candidate for any elective office or any representative of such candidate or any other person to publicly or privately put up or in any way offer any prize, cash award or other item of value to be raffled, drawn for, played for or contested for in order to encourage persons to vote or to refrain from voting in any election.
(2) Any person who shall
violate the provisions of subsection (1) of this section shall, upon conviction
thereof, be punished by a fine in an amount not to exceed * * * Ten
Thousand Dollars ($10,000.00).
(3) Any candidate who shall violate the provisions of subsection (1) of this section shall, upon conviction thereof, in addition to the fine prescribed above, be punished by:
(a) Disqualification as a candidate in the race for the elective office; or
(b) Removal from the elective office, if the offender has been elected thereto.
SECTION 11. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. Any elector described in Section 23-15-713 may request an absentee ballot application and vote in person at the office of the registrar in the county in which he or she resides. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his or her deputy in order to be used to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
( ) I have a temporary or
permanent physical disability * * *.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________.
( ) I wish to receive an absentee ballot for the runoff election ___________________________________________.
I realize that I can be
fined up to * * * Ten Thousand Dollars ($10,000.00)
and sentenced up to * * * ten (10) years in the Penitentiary for making a false
statement in this application and for selling my vote and violating the
Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
_________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 12. Section 23-15-635, Mississippi Code of 1972, is amended as follows:
23-15-635. (1) The form of the elector's certificate, attesting witness certification and certificate of person providing voter assistance on the back of the envelope used by absentee voters who are not absent voters as defined in Section 23-15-673, shall be as follows:
"ELECTOR'S CERTIFICATE
STATE OF __________
COUNTY OF __________
I, __________, under penalty of perjury do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2____, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
Penalties for vote fraud are
up to * * * ten
(10) years in prison and a fine of up to * * * Ten
Thousand Dollars ($10,000.00). (Miss. Code. Ann. Section 23-15-753.)
Penalties for voter intimidation are * * * not less than two (2)
years nor more than twenty (20) years in jail and a fine of up to * * * Twenty
Thousand Dollars ($20,000.00). (Miss. Code. Ann. Section 97-13-37.)
____________________
(Signature of voter)
CERTIFICATE OF ATTESTING WITNESS
Under penalty of perjury I affirm that the above named voter personally appeared before me, on this the ___ day of __________, 2____, and is known by me to be the person named, and who, after being duly sworn or having affirmed, subscribed the foregoing oath or affirmation. That the voter exhibited to me his or her blank ballot; that the ballot was not marked or voted before the voter exhibited the ballot to me; that the voter was not solicited or advised by me to vote for any candidate, question or issue, and that the voter, after marking his or her ballot, placed it in the envelope, closed and sealed the envelope in my presence, and signed and swore or affirmed the above certificate.
_________________________ _________________________
(Attesting witness) (Address)
_________________________ _________________________
(Official title) (City and State)
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I, under penalty of perjury, hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
Penalties for vote fraud are
up to * * * ten
(10) years in prison and a fine of up to * * * Ten
Thousand Dollars ($10,000.00). (Miss. Code. Ann. Section 23-15-753.)
Penalties for voter intimidation are * * * not less than two (2)
years nor more than twenty (20) years in jail and a fine of up to * * * Twenty Thousand
Dollars ($20,000.00). (Miss. Code. Ann. Section 97-13-37.)
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(2) The envelope shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 13. Section 23-15-751, Mississippi Code of 1972, is amended as follows:
23-15-751. If any registrar
or commissioner of elections shall refuse or neglect to perform any of the
duties prescribed by Sections 23-15-621 through 23-15-735, or shall knowingly
permit any person to sign a false affidavit or otherwise knowingly permit any
person to violate Sections 23-15-621 through 23-15-735, or shall violate any of
the provisions thereof, or if any officer taking the affidavits as provided in
said acts shall make any false statement in his certificate thereto attached,
he shall, upon conviction, be deemed guilty of a crime and shall be punished by
a fine not exceeding * * * Ten Thousand Dollars ($10,000.00)
or by imprisonment in the Penitentiary not exceeding * * * ten (10) years, and shall
be removed from office.
SECTION 14. 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
crime of "vote fraud" and, upon conviction, shall be sentenced to pay
a fine of not * * * more than * * * Ten Thousand
Dollars ($10,000.00), or by imprisonment in the * * * State Penitentiary for * * * not more than * * * ten (10) years, or by both
fine and imprisonment * * *.
(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 * * * more
than * * * Ten Thousand Dollars ($10,000.00), or
imprisoned in the State Penitentiary not * * * more than * * * ten (10) years, or both.
SECTION 15. This act shall take effect and be in force from and after July 1, 2022.