House Concurrent Resolution 29

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 TO PROVIDE THAT AN EARLY VOTING PERIOD SHALL BE PROVIDED TEN DAYS BEFORE THE DATE OF EACH PRIMARY, GENERAL, RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR PUBLIC OFFICE AND CONTINUE UNTIL 5:00 P.M. ON THE SATURDAY PRECEDING THE ELECTION DAY; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

"Section ___. (1) For purposes of this section, these words shall have the following meanings, unless their context clearly suggests otherwise:

(a) "Election" means the period of time that is available for casting a final vote. References to the time of an election or the duration of the election shall encompass, unless the context clearly indicates otherwise, the ten-day period that has been designed for early voting.

(b) "Polling place" or "voting precinct" means any place that a qualified elector votes during the early voting period and on the actual election day.

(2) During any primary, general, runoff, special or municipal election for public office, any qualified elector may vote:

(a) In the elector's assigned precinct on election day;

(b) In the office of the registrar in which the elector is registered to vote during the times established in subsection (3) of this section for early voting; or

(3) (a) The early voting period shall begin ten (10) days before the date of each primary, general, runoff, special and municipal election for public office and continue until 5:00 p.m. on the Saturday preceding the election day. If the date prescribed for beginning the early voting period falls on a Sunday or state holiday, the early voting period shall begin on the next regular business day.

(b) Early voting shall be conducted in the office of the appropriate registrar during regular business hours. If the office space of the registrar is insufficient or inconvenient to accommodate early voting, the registrar may provide an alternate location to conduct early voting, and in such case, adequate notice shall be posted at the registrar's office that informs the public of the location where early voting is being conducted. The registrar may conduct early voting at an additional secure polling place outside his or her office. The appropriate registrar shall provide at least one (1) additional early voting location for every thirty thousand (30,000) registered county voters and at least one (1) additional early voting location for every ten thousand (10,000) registered municipal voters according to the latest federal decennial census. During the last full week preceding an election, the office of the appropriate registrar may extend the office hours to accommodate early voters. All registrar offices shall remain open from 8:00 a.m. until 5:00 p.m. for the two (2) Saturdays immediately preceding each election.

(c) Notice of the early voting hours shall be given by the officials in charge of the election not less than eight (8) days before the day early voting begins. The notice shall be posted in three (3) public places within the county or municipality, with one (1) place being the county courthouse in a county election or city hall in a municipal election.

(4) (a) A qualified elector who desires to vote during the early voting period shall appear at the office of the appropriate registrar in the county or municipality in which the elector is registered to vote and shall present an acceptable form of photo identification. Upon verification of the proper location and identity, the elector shall sign the appropriate receipt book and cast his or her vote in the same manner that the vote would be cast on the day of the election. Except as otherwise provided in subsections (1) through (6) of this section, the election laws that govern the procedures for a person who appears to vote on the day of an election shall apply when a person appears to vote during the early voting period.

(b) All votes cast during the early voting period shall be final. Early voting ballots shall be saved using a system that allows the ballots to be examined by a candidate and for election certification and audit purposes.

(c) The votes cast during the early voting period shall be announced simultaneously with all other votes cast on election day.

(d) Qualified electors voting during the early voting period shall be entitled to the same voting assistance that they would be entitled to on the actual election day.

(5) Each political party, candidate or any representative of a political party or candidate pursuant to Section 23-15-577 shall have the right to be present at the office of the appropriate registrar when it is open for early voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law for challenging qualifications at the polling place on election day.

(6) The Secretary of State shall promulgate rules and regulations necessary to effectuate early voting, including measures to inform the public about the availability of early voting."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2022, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that an early voting period shall be provided ten (10) days before the date of each primary, general, runoff, special and municipal election for public office and continue until 5:00 p.m. on the Saturday preceding the election day."