MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Apportionment and Elections; Appropriations
By: Representative Criswell
AN ACT TO CREATE THE ELECTION INTEGRITY ACT; TO CREATE NEW SECTION 23-15-622, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REGISTRAR SHALL NOT SEND OR RECEIVE ANY BALLOT FOR ANY ELECTION BY MAIL EXCEPT AS PROVIDED IN THE ARMED SERVICES ABSENTEE VOTING LAW; TO AMEND SECTIONS 23-15-645, 23-15-511, 23-15-637, 23-15-719, 23-15-715, 23-15-625 AND 23-15-627, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO REPEAL SECTIONS 23-15-647, 23-15-721, 23-15-733, 23-15-629, 23-15-641, 23-15-731 AND 23-15-631, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR ABSENTEE VOTING BY MAIL; TO CREATE A NEW SECTION OF LAW TO PROVIDE THAT DIRECT RECORDING ELECTRONIC (DRE) UNITS OR ANY OTHER ELECTRONIC DEVICES USED TO CONDUCT ELECTIONS ARE PROHIBITED; TO PROVIDE THAT UNTIL THE ELECTION OFFICIALS OF SUCH PRECINCT ARE AUTHORIZED TO APPLY FOR A GRANT UNDER THE MISSISSIPPI VOTING MODERNIZATION ACT, THEY SHALL CONDUCT ELECTIONS AT THEIR PRECINCT USING PAPER BALLOTS; TO PROVIDE THAT ELECTION OFFICIALS CHARGED WITH CONDUCTING ELECTIONS SHALL, WITHIN THIRTY DAYS AFTER AN ELECTION, HAND COUNT ALL BALLOTS VOTED IN THAT PRECINCT IF THE BALLOTS WERE VOTED AND THEN SCANNED INTO OPTICAL MARK READING (OMR) EQUIPMENT OR OTHER SUCH ELECTRONIC SCANNING DEVICE; TO CREATE A NEW SECTION OF LAW TO PROVIDE THAT IN ADDITION TO THE BALLOT BOX AND BALLOT SECURITY MEASURES PRESCRIBED IN LAW, THE SECRETARY OF STATE SHALL ESTABLISH, BY RULE OR REGULATION, A DETAILED CHAIN OF CUSTODY FOR THE HANDLING OF ALL BALLOTS FOR EVERY ELECTION; TO PROVIDE THAT ANY ELECTION OFFICIAL THAT FAILS TO FOLLOW THE CHAIN OF CUSTODY PROCEDURES ESTABLISHED BY THE SECRETARY OF STATE SHALL BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES, OR BOTH; TO CREATE NEW SECTION 23-15-615, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO AUDIT ELECTION PROCEDURES IN THE COUNTIES OF THE STATE; TO PROVIDE THE INFORMATION THAT EACH REGISTRAR SHALL BE REQUIRED TO SUBMIT TO THE SECRETARY OF STATE; TO PROVIDE WHEN AN AUDIT SHALL BE COMPLETED; TO REPEAL SECTION 23-15-613, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ELECTION COMMISSIONS AND COUNTY AND MUNICIPAL EXECUTIVE COMMITTEES SHALL REPORT RESIDUAL VOTE INFORMATION TO THE SECRETARY OF STATE; TO CREATE NEW SECTIONS 23-15-617, 23-15-617.1, 23-15-617.2, 23-15-617.3, 23-15-617.4 AND 23-15-617.5, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE PROCEDURES FOR A RISK-LIMITING AUDIT; TO PROVIDE WHICH STATEWIDE ELECTIONS SHALL BE SUBJECT TO A RISK-LIMITING AUDIT; TO PROVIDE WHEN A MANUAL RECOUNT OF ELECTION RESULTS SHALL BE NECESSARY; TO PROVIDE WHEN AND WHERE THE RESULTS OF A RISK-LIMITING AUDIT SHALL BE AVAILABLE; TO CREATE A PILOT PROGRAM TO TEST THE PROCESS FOR CONDUCTING A RISK-LIMITING AUDIT BEFORE IT IS FULLY IMPLEMENTED; TO AMEND SECTION 23-15-153, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTION COMMISSIONERS TO RECEIVE A PER DIEM OF $100.00 FOR CONDUCTING AN ELECTION RECOUNT; TO AMEND SECTION 23-15-603, MISSISSIPPI CODE OF 1972, TO EXTEND THE DEADLINE THAT ELECTION COMMISSIONERS HAVE FOR SUBMITTING INFORMATION RELATED TO THE ELECTION RESULTS WHEN A MANUAL ELECTION RECOUNT IS REQUIRED; TO CREATE A NEW SECTION OF LAW TO PROVIDE THAT UNDER NO CIRCUMSTANCE OF ANY KIND SHALL AN EMERGENCY DECLARATION WITHIN THE STATE HAVE ANY EFFECT UPON THE ELECTION LAWS OR PROCEDURES OR MANNER OF EXECUTION, OR UPON THE DATES OR SCHEDULES OF ANY PORTION THEREOF, WITHOUT THE APPROVAL OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE BEFORE THE COMMENCEMENT OF IN-PERSON VOTING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The provisions of this act may be known as the "Election Integrity Act".
SECTION 2. The following shall be codified as Section 23-15-622, Mississippi Code of 1972:
23-15-622. It shall be unlawful for the registrar to send or receive any ballot for any election by mail except as provided in the Armed Services Absentee Voting Law.
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 * * * that are deposited into a
sealed ballot box shall be processed on election day but not tallied until
after closing of the polls 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 * * * 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 * * * forty-eight (48)
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 * * *
forty-eight-month retention period.
SECTION 4. Section 23-15-511, Mississippi Code of 1972, is amended as follows:
23-15-511. The ballots shall, as far as practicable, be in the same order of arrangement as provided for paper ballots that are to be counted manually, except that the information may be printed in vertical or horizontal rows. Nothing in this chapter shall be construed as prohibiting the information being presented to the voters from being printed on both sides of a single ballot. In those years when a special election shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot by the election commissioners or officials in charge of the election, but the general election candidates shall be clearly distinguished from the special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot by the officials in charge of the election, but shall be clearly distinguished as special election candidates or primary election candidates.
Ballots shall be printed in plain clear type in black ink and upon clear white materials of such size and arrangement as to be compatible with the OMR equipment. Absentee ballots shall be prepared and printed in the same form and shall be on the same size and texture as the regular official ballots, except that they shall be printed on tinted paper; or the ink used to print the ballots shall be of a color different from that of the ink used to print the regular official ballots. Arrows may be printed on the ballot to indicate the place to mark the ballot, which may be to the right or left of the names of candidates and propositions. The titles of offices may be arranged in vertical columns on the ballot and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. In case there are more candidates for an office than can be printed in one (1) column, the ballot shall be clearly marked that the list of candidates is continued on the following column. The names of candidates for each office shall be printed in vertical columns, grouped by the offices that they seek. In partisan elections, the party designation of each candidate, which may be abbreviated, shall be printed following his or her name.
One (1) sample ballot, which shall be a facsimile of the official ballot and instructions to the voters, shall be provided for each precinct and shall be posted in each polling place on election day.
A separate ballot security
envelope or suitable equivalent in which the voter can place his or her ballot
after voting, shall be provided to conceal the choices the voter has made. Absentee
voters will receive a similar ballot security envelope provided by the county
in which the absentee voter will insert their voted ballot * * *. Absentee ballots will not be required
to be folded when a ballot security envelope is provided.
SECTION 5. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. (1) (a) * * *
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 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 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 * * * 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 6. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719. (1) * * * The registrar shall
identify the applicant by requiring him to present identification as required
by Section 23-15-563, and shall then deliver the ballots to the applicant * * * in the registrar's
office. The registrar shall not personally hand deliver ballots to voters. After
the applicant has properly marked the ballot and properly folded it, he shall
deposit it in the envelope furnished him by the registrar.
After the absentee voter has sealed the envelope, he or she shall subscribe and swear to an affidavit and mail the ballot to the address provided on the absentee ballot official envelope. The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot:
"STATE OF MISSISSIPPI
COUNTY OF ___________
I, __________, 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.
_______________________
(Signature of voter)
SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.
(Registrar) _______________________
(Registrar)"
After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.
(2) If the voter has received assistance in marking his ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot:
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I 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.
___________________________________________
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)"
(3) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and 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 7. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector
desiring an absentee ballot as provided in this subarticle may secure same if * * *
not more than forty-five (45) days nor 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, he shall appear in person
before the registrar of the county in which he resides, or for municipal
elections he shall appear in person before the city clerk of the municipality
in which he resides and, when the elector so appears, he shall execute and file
an application as provided in Section 23-15-627 and vote by absentee ballot * * *.
* * *
SECTION 8. Section 23-15-625, Mississippi Code of 1972, is amended as follows:
23-15-625. (1) The registrar shall be responsible for providing applications for absentee voting as provided in this section. At least sixty (60) days before any election in which absentee voting is provided for by law, the registrar shall provide a sufficient number of applications. In the event a special election is called and set at a date which makes it impractical or impossible to prepare applications for absent elector's ballot sixty (60) days before the election, the registrar shall provide applications as soon as practicable after the election is called. The registrar shall fill in the date of the particular election on the application for which the application will be used.
(2) The registrar
shall be authorized to disburse applications for absentee ballots to any qualified
elector within the county where he or she serves. * * *
(3) It shall be unlawful for any person to solicit absentee ballot applications or absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173 unless the person soliciting the absentee ballot applications or absentee ballots is:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) * * * The registrar shall * * * furnish to each precinct manager a list of
the names of all persons in each respective precinct voting absentee * * * in person to be posted in a conspicuous
place at the polling place for public notice. * * *
* * *
( * * *5) The registrar shall process all
applications for absentee ballots by using the Statewide Election Management System.
The registrar shall account for all absentee ballots delivered to and received * * * in
person from qualified voters by processing such ballots using the Statewide
Election Management System.
SECTION 9. 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 _____.
* * *
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) 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 10. Sections 23-15-647, 23-15-721, 23-15-733, 23-15-629, 23-15-641, 23-15-731 and 23-15-631, Mississippi Code of 1972, which provide for absentee voting by mail, are repealed.
SECTION 11. Direct recording electronic (DRE) units or any other electronic devices used to conduct elections are prohibited. Any precinct that uses DRE units or other electronic devices to conduct elections shall not use those machines after July 1, 2023. Until the election officials of such precinct are authorized to apply for a grant under the Mississippi Voting Modernization Act, they shall conduct elections at their precinct using paper ballots. Election officials charged with conducting elections shall, within thirty (30) days after an election, hand count all ballots voted in that precinct if the ballots were voted and then scanned into optical mark reading (OMR) equipment or other such electronic scanning device. The Secretary of State shall promulgate rules and regulations as necessary to carry out the provisions of this section.
SECTION 12. In addition to the ballot box and ballot security measures prescribed in law, the Secretary of State shall establish, by rule or regulation, a detailed chain of custody for the handling of all ballots for every election. Any election official that fails to follow the chain of custody procedures established by the Secretary of State shall be subject to civil or criminal penalties, or both. Such penalties shall be set by the Secretary of State.
SECTION 13. The following shall be codified as Section 23-15-615, Mississippi Code of 1972:
23-15-615. (1) The Secretary of State shall be authorized to audit election procedures in the counties of this state. The Secretary of State may, in order to fulfill the requirements of this section, enter into an agreement with a third-party for the conduction of a post-election audit.
(2) The registrar of each county shall, within ten (10) days after a primary, general or special election, submit to the Secretary of State the following information:
(a) The total number of voters marked as VOTED in the pollbook of each precinct in the county;
(b) The sum of the total number of voters who signed the receipt book at the polling place on election day and the total number of voters who cast an absentee ballot;
(c) The total number of ballots received by the poll managers from local election officials;
(d) The sum of the total number of paper ballots voted on election day, the number of unused ballots and the number of spoiled ballots;
(e) The total number of electronic ballots cast; and
(f) The total number of ballots cast.
(3) If a discrepancy meets or exceeds the threshold set forth in subsection (4), the Secretary of State may conduct an audit in that county.
(4) A discrepancy occurs if the difference between the reported totals in subsection (2) meets or exceeds:
(a) One (1), if the total number of total votes cast in a precinct is not more than twenty (20).
(b) Two (2), if the total number of total votes cast in a precinct is:
(i) More than twenty (20); but
(ii) Not more than forty (40).
(c) Three (3), if the total number of total votes cast in a precinct is:
(i) More than forty (40); but
(ii) Not more than sixty (60).
(d) Four (4), if the total number of total votes cast in a precinct is:
(i) More than sixty (60); but
(ii) Not more than eighty (80).
(e) Three percent (3%) of the total number of total votes cast, rounded up to the nearest whole number, if the total number of votes cast in a precinct is:
(i) More than eighty (80); but
(ii) Not more than five hundred (500).
(f) Fifteen (15), if the total number of total votes cast in a precinct is more than five hundred (500).
(5) The Secretary of State shall randomly select and audit each county over a four-year period. The audit shall not begin more than thirty (30) days before and not later than ninety (90) days after the regularly scheduled general or special election. No county shall be selected for audit if that county has been audited in the last four (4) years unless an audit is triggered pursuant to subsection (2) of this section. The Secretary of State shall select the precinct(s) to be audited in each county.
(6) The Secretary of State shall not conduct an audit under this section at any precinct where an election occurred and that election is being challenged as provided in Sections 23-15-927, 23-15-951 or 23-15-955. Any documents, materials, notes or communications used to prepare the reports required in subsection (7) of this section shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(7) (a) Not later than one hundred twenty (120) days after the date of the election that the Secretary of State is auditing, the Secretary of State shall post a report of any completed audit on the official website of the Secretary of State. The registrar of the affected county may post the results of the completed audit on the official website of the county.
(b) Not later than one hundred fifty (150) days after the election, the Secretary of State shall submit a report to the Governor, Lieutenant Governor and Speaker of the House of Representatives analyzing the reports required to be filed pursuant to subsection (2) of this section.
(c) If, while conducting an audit, the Secretary of State determines that more time is needed to complete the audit, he or she may certify that such need exists and post the certification to the website of the Secretary of State.
(8) The Secretary of State shall promulgate any rules and regulations as necessary to effectuate the provisions of this section.
SECTION 14. Section 23-15-613, Mississippi Code of 1972, which provides that election commissions and county and municipal executive committees shall report residual vote information to the Secretary of State, is repealed.
SECTION 15. The following shall be codified as Section 23-15-617, Mississippi Code of 1972:
23-15-617. The provisions of Sections 23-15-617 through 23-15-617.5 shall apply to an election that:
(a) Occurs from and after August 31, 2026, except as otherwise provided in Section 23-15-617.5;
(b) Contains an elective office or measure that is voted on statewide; and
(c) Uses an auditable voting system as described in Section 23-15-617.4.
SECTION 16. The following shall be codified as Section 23-15-617.1, Mississippi Code of 1972:
23-15-617.1. (1) Not later than twenty-four (24) hours after all of the ballots have been counted in an election, the election commissioners, in conjunction with the registrar, shall conduct a risk-limiting audit for a selected statewide elective office or measure.
(2) The Secretary of State shall select, in accordance with rules adopted by the secretary, the statewide elective office or measure to be audited.
(3) The election commissioners, in conjunction with the registrar, shall complete the audit before the certification of the election pursuant to Section 23-15-603.
(4) If the results of the audit determine that the ballots cast in the election do not meet the risk-limiting threshold established as provided in Section 23-15-617.2, the election commissioners shall conduct a manual recount of the election. In the event the tabulation from the manual recount differs from that of the tabulation reported from the auditable voting systems, the tabulation from the manual recount shall be the certified results.
(5) The election commissioners, in conjunction with the registrar, shall publish notice of the date, time and location of the audit in the county courthouse and on the county's website, if the county maintains a website. If the county does not maintain a website, such information shall be posted on the Secretary of State's website.
(6) A credentialed poll watcher may be present for the audit if he or she is appointed by a candidate whose name appears on the ballot for the statewide elective office to be audited. A credentialed poll watcher shall present credentials to the election commissioners or registrar at the time he or she reports for service. The credentials must be in writing and must include any information also required by Section 23-15-577.
(7) The Secretary of State may appoint personnel to assist with the audit, including appropriate voting system technicians or representatives and persons who have assisted with the design and implementation of the audit.
SECTION 17. The following shall be codified as Section 23-15-617.2, Mississippi Code of 1972:
23-15-617.2. The Secretary of State shall adopt rules and regulations as necessary to effectuate the provisions of Sections 23-15-617 through 23-15-617.5. Such rules shall include a rule that requires the use of widely accepted statistical methods to calculate the number or percentage of paper records that must be counted in a risk-limiting audit as provided in Section 23-15-617.1.
SECTION 18. The following shall be codified as Section 23-15-617.3, Mississippi Code of 1972:
23-15-617.3. The results of a risk-limiting audit conducted under Section 23-15-617.1 shall be published on the Secretary of State's website not later than three (3) days after the audit is completed.
SECTION 19. The following shall be codified as Section 23-15-617.4, Mississippi Code of 1972:
23-15-617.4. (1) As used in Sections 23-15-617 through 23-15-617.5, "auditable voting system" means a voting system that:
(a) Uses, creates or displays a paper record that may be read by the voter; and
(b) Is not capable of being connected to the Internet or any other computer network or electronic device.
(2) The electronic vote is the official record of the vote cast if a risk-limiting audit conducted under Section 23-15-617.1 produces strong evidence that the reported outcome of the election matches the results that a full counting of the paper records would reveal.
(3) The paper record is the official record of the vote cast if a risk-limiting audit conducted under Section 23-15-617.1 fails to produce strong evidence that the reported outcome of the election matches the results that a full counting of the paper records would reveal.
SECTION 20. The following shall be codified as Section 23-15-617.5, Mississippi Code of 1972:
23-15-617.5. (1) Notwithstanding the provisions of Section 23-15-617(a), the Secretary of State shall conduct a pilot program, beginning with the election that occurs on November 8, 2022, of the risk-limiting audit program created under Sections 23-15-617 through 23-15-617.5.
(2) The Secretary of State shall select at least five (5) counties to participate in the pilot program.
(3) After each election conducted under the pilot program, the Secretary of State shall send a detailed report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chair of the Senate Elections Committee and Chair of the House Committee on Apportionment and Elections. The report shall evaluate the success of the program and make a recommendation as to whether the Legislature should delay the statewide implementation of the program.
(4) The Secretary of State shall adopt rules and regulations as necessary to effectuate the provisions of this section.
(5) This section shall repeal on August 31, 2026.
SECTION 21. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.
(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Sixty-five Dollars ($165.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
(c) The board of supervisors may, in its discretion, pay the election commissioners an additional amount not to exceed Fifty Dollars ($50.00) for the performance of their duties at any election occurring from July 1, 2020, through December 31, 2020, which shall be considered additional pandemic pay. Such compensation shall be payable out of the county general fund, and may be payable from federal funds available for such purpose, or a combination of both funding sources.
(5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day. The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, for those days when the election commissioners shall be required to conduct a recount of an election as provided in Section 23-15-617.1.
(7) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information.
(8) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections.
(9) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day.
(10) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
________________________________________________________________
________________________________________________________________
________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $110.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $165.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____ day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239.
SECTION 22. Section 23-15-603, Mississippi Code of 1972, is amended as follows:
23-15-603. (1) Except as otherwise provided in this section, the election commissioners shall, within ten (10) days after the general election, transmit to the Secretary of State, to be filed in his or her office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS," to be delivered by the Secretary of State to the Speaker of the House of Representatives at the next ensuing session of the Legislature. In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election.
(2) Except as otherwise provided in this section, constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally. The election commissioners shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments.
(3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State and submitted to each branch of the Legislature, at the session next ensuing. Certified county vote totals shall represent the final results of the election.
(4) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners, which shall read as follows:
"We, the undersigned election commissioners, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein."
(5) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 23. Under no circumstance of any kind shall an emergency declaration within the state have any effect upon the election laws or procedures or manner of execution, or upon the dates or schedules of any portion thereof, without the approval of two-thirds (2/3) of the members of each house of the Legislature before the commencement of in-person voting.
SECTION 24. This act shall take effect and be in force from and after July 1, 2023.