Senate Bill 2879

(As Sent to Governor)

AN ACT TO ENACT THE MISSISSIPPI VOTING MODERNIZATION ACT FOR THE PURPOSE OF MODERNIZING VOTING SYSTEMS IN THE STATE; TO DEFINE TERMS; TO ESTABLISH THE MISSISSIPPI VOTING MODERNIZATION GRANT PROGRAM TO BE ADMINISTERED BY THE MISSISSIPPI SECRETARY OF STATE FOR THE PURPOSE OF REIMBURSING COUNTIES OR DISBURSING FUNDS TO COUNTIES FOR THE PURCHASE OF MODERN VOTING SYSTEMS; TO PROVIDE THAT THE GRANT PROGRAM SHALL RECEIVE ANY FUNDS APPROPRIATED THEREFOR; TO REQUIRE THE MISSISSIPPI SECRETARY OF STATE TO PROMULGATE PROCEDURES; TO PRESCRIBE A TIMEFRAME FOR THE GRANT OR DENIAL OF AN APPLICATION; TO PROVIDE THAT EACH COUNTY IS ELIGIBLE FOR A PRO RATA SHARE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE TO THE PROGRAM; TO PRESCRIBE CERTAIN ELIGIBILITY REQUIREMENTS; TO AUTHORIZE COUNTIES TO APPLY FOR THE GRANT PROGRAM; TO REQUIRE THE MISSISSIPPI SECRETARY OF STATE TO REPORT ON THE GRANT PROGRAM; TO PROVIDE FOR THE REPEAL OF SECTIONS 23-15-531, 23-15-531.1, 23-15-531.2, 23-15-531.3, 23-15-531.4, 23-15-531.5, 23-15-531.6, 23-15-531.9, 23-15-531.10 AND 23-15-531.12, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE AUTHORITY FOR THE USE OF DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT AT POLLING PLACES, ON A CERTAIN DATE; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi Voting Modernization Act."

SECTION 2. As used in this act:

(a) "Department" means the Mississippi Secretary of State.

(b) "Grant program" means the "Mississippi Voting Modernization Grant Program" established in Section 3 of this act.

(c) "Voting system" means any voting machine, voting device, precinct ballot scanner, central scanner, ballot-marking device, ballot-on-demand printing system, tabulation server or vote tabulating device, along with any operating software for such machines and devices, that:

(i) Does not utilize pre-scored punch card ballots; and

(ii) Produces voter-verifiable paper ballots.

SECTION 3. (1) (a) There is established within the department the Mississippi Voting Modernization Grant Program which shall be administered by the department for the purpose of reimbursing counties or disbursing funds to counties for the purchase of modern voting systems.

(b) The grant program shall receive funds appropriated to the Mississippi Secretary of State therefor from the Capital Expense Fund or other available source of money.

(2) By August 31, 2022, the department shall develop and promulgate rules to provide for:

(a) The procedures of the grant program not specifically enumerated in this act; and

(b) Other eligible expenses related to the costs of conducting elections where a county has previously purchased voting systems that qualifies under the requirements of this act. Other eligible expenses include, but are not limited to: (i) encumbered debt of previously purchased voting machines; (ii) additional voting machines; (iii) machine maintenance; (iv) software upgrades; (v) ballot-marking devices; (vi) central scanners, (vii) ballot-on-demand printing systems, (viii) electronic poll books; (ix) paper ballots or ballot-printing supplies; and (x) costs associated with voter roll maintenance, such as printing confirmation cards and postage.

(3) To be eligible for purchase under this grant program, any voting machine, voting device, precinct ballot scanner, ballot marking device or vote tabulating device shall not have the capability of wireless remote connections.

(4) The department shall review the application for funding submitted by each county and grant or deny the application within thirty (30) days of the receipt of the application.

(5) Before awarding a grant to a county for the future purchase of a voting system, the department shall require the county to provide a verified contract and purchase order.

SECTION 4. (1) For any election held in this state after January 1, 2024, the officials in charge of the election shall only use voting systems as defined by Section 2 of this act.

(2) The board of supervisors of any county may authorize the circuit clerk or election commission to make application for grants under the procedures and within the certification requirements established by the department.

(3) Each county shall be eligible to receive a pro rata share of the funds appropriated or otherwise made available to the grant program based on the number of voting polling places in that county.

(4) Counties may apply for grants for:

(a) Purchasing of voting system hardware, including the software necessary to operate that hardware; and

(b) Incurring of other eligible expenses related to the costs of conducting elections only if:

(i) The county is already in compliance with subsection (1) of this section through previously acquired voting hardware or software or both prior to the effective date of this act that would have been eligible for purchase under this grant program; or

(ii) The county will have funds remaining from its pro rata share provided for in subsection (3) of this section after purchasing the necessary voting systems to bring the county in compliance with subsection (1) of this section.

(5) Any county receiving a grant for the future purchase of a voting system shall submit proof of payment to the department immediately upon completing the purchase.

(6) Any county receiving funds for the incurring of other eligible expenses shall first apply the received funds under this grant program toward any existing indebtedness for the purchase of voting hardware or software.

SECTION 5. (1) The department shall provide a comprehensive report on:

(a) The total number of counties that applied for grants under this act;

(b) The total number of grants issued under the grant program;

(d) The number of grants issued under Section 4(4)(b)(i) of this act;

(e) The number of grants issued under Section 4(4)(b)(ii) of this act; and

(f) Any recommendations for legislative amendment to the grant program.

(2) By December 31, 2022, the department shall deliver the report to the Lieutenant Governor, the Speaker of the House of Representatives, the Chair of the Senate Elections Committee, and the Chair of the House Apportionment and Elections Committee.

SECTION 6. Sections 23-15-531, 23-15-531.1, 23-15-531.2, 23-15-531.3, 23-15-531.4, 23-15-531.5, 23-15-531.6, 23-15-531.9, 23-15-531.10 and 23-15-531.12, Mississippi Code of 1972, which provide the authority for the use of direct recording electronic voting equipment at polling places, shall stand repealed on December 1, 2023.

SECTION 7. This act shall take effect and be in force from and after its passage.