MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Apportionment and Elections
By: Representatives Eubanks, Hopkins, Williamson
AN ACT TO PROVIDE THAT THE LEGISLATURE FINDS THAT THE AUDITING OF ELECTION RESULTS IS NECESSARY TO ENSURE EFFECTIVE ELECTION ADMINISTRATION AND PUBLIC CONFIDENCE IN THE ELECTION PROCESS; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE SECRETARY OF STATE SHALL DEVELOP AN AUDIT PROCESS WITH THE ASSISTANCE OF STATISTICAL EXPERTS THAT RELIES UPON STATISTICAL AUDITS MAKING USE OF BEST PRACTICES FOR CONDUCTING SUCH AUDITS; TO PROVIDE THAT FOLLOWING EACH PRIMARY, GENERAL, SPECIAL OR RUNOFF ELECTION, EACH COUNTY SHALL MAKE USE OF A STATISTICAL AUDIT; TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE AUDIT PROCESS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature finds that the auditing of election results is necessary to ensure effective election administration and public confidence in the election process. Further, statistical audits provide a more effective manner of conducting audits than traditional audit methods in that those methods typically require only limited resources for election races with wide margins of victory while investing greater resources in close races.
(2) The following words and phrases shall have the meanings defined herein unless the context clearly indicates otherwise:
(a) "Incorrect outcome" means an outcome that is inconsistent with the election outcome that would be obtained by conducting a full recount.
(b) "Statistical audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome.
(3) The Secretary of State shall develop an audit process with the assistance of statistical experts and that relies upon statistical audits making use of best practices for conducting such audits. Such best practices shall include:
(a) All ballot types must be eligible to be included in every audit, including, but not limited to, mail-in absentee ballots, affidavit ballots, in-person absentee ballots and election day ballots;
(b) Audits shall be conducted in a public forum, and observers shall be allowed to watch the process;
(c) Audit results shall be able to reverse preliminary outcomes if the audit determines they are incorrect; and
(d) Audits shall be conducted on the entire process of voting, including voter registration, machine tabulation, ballot security, ballot, voting system design and any other process as determined by the Secretary of State through rule and regulation.
(4) Following each primary, general, special or runoff election, each county shall make use of a statistical audit in accordance with the requirements of this section. Races to be audited must be selected in accordance with procedures established by the Secretary of State, and all contested races are eligible for such selection.
(5) The Secretary of State shall promulgate rules and regulations as may be necessary to implement and administer the requirements of this section. In connection with the promulgation of the rules, the Secretary of State shall consult with recognized statistical experts, equipment vendors, circuit clerks and registrars and any other election experts as needed, and shall consider best practices for conducting audits.
(6) The Legislature may, at any time, require a comprehensive audit of election results using the standards promulgated by the Secretary of State. This audit may be requested by the Legislature while not in session with the consent of the Speaker of the House of Representatives and the Lieutenant Governor.
SECTION 2. Section 1 of this act shall be codified as a new section in Chapter 15, Title 23, Mississippi Code of 1972.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.