MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Apportionment and Elections
By: Representative Hobgood-Wilkes
AN ACT TO CREATE NEW SECTION 23-15-8, MISSISSIPPI CODE OF 1972, TO ENSURE THAT ALL NEW FEDERAL ELECTION FUNDS ARE APPROPRIATED BY THE LEGISLATURE BEFORE DISPERSED TO ENSURE THAT THE FUNDS ALLOCATED FAIRLY AND IN A MANNER THAT PROMOTES THE LEGISLATURE'S GOAL OF FACILITATING FREE AND FAIR ELECTIONS; TO DEFINE "NEW FEDERAL ELECTION FUNDS"; TO PROVIDE A NOTIFICATION REQUIREMENT; TO PROVIDE A PENALTY FOR A VIOLATION; TO CREATE NEW SECTION 23-15-9, MISSISSIPPI CODE OF 1972, TO ENSURE THAT ALL NEW FEDERAL ELECTION GUIDANCE HAS BEEN PROPERLY REVIEWED BY THE STATE BEFORE IMPLEMENTATION TO ENSURE THAT IT IS LAWFUL AND TO PROVIDE THE STATE AN OPPORTUNITY TO CHALLENGE THE GUIDANCE IN COURT; TO DEFINE "NEW FEDERAL ELECTION GUIDANCE"; TO PROVIDE A NOTIFICATION REQUIREMENT; TO PROVIDE A PENALTY FOR A VIOLATION; TO CREATE NEW SECTION 23-15-10, MISSISSIPPI CODE OF 1972, TO ENSURE THAT THE GOVERNOR AND LEGISLATURE ARE NOTIFIED OF ALL COMMUNICATIONS MADE OR PROVIDED TO STATE AGENCIES AND ENTITIES RESPONSIBLE FOR OVERSEEING ELECTIONS BY THE UNITED STATES DEPARTMENT OF JUSTICE TO ENABLE THE STATE TO RESPOND AS NEEDED; TO DEFINE "COMMUNICATION"; TO PROVIDE A NOTIFICATION REQUIREMENT; TO PROVIDE A PENALTY FOR A VIOLATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 23-15-8, Mississippi Code of 1972:
23-15-8. (1) The purpose of this section is to ensure that all new federal election funds are appropriated by the Legislature before dispersed to ensure that the funds are allocated fairly and in a manner that promotes the Legislature's goal of facilitating free and fair elections.
(2) For purposes of this section, "new federal election funds" means any federal funds received after July 1, 2023, by a person, group or entity charged by the state to administer any official election(s). Nothing in this section shall pertain to funding provided under the Help America Vote Act or any other funding that already possesses a state or federal legal requirement related to its dispersal as of July 1, 2023.
(3) Any person, group or entity charged by the state to administer any official election(s) who disperses new federal election funds in their official capacity shall notify the Legislature of the availability of new federal election funds at least thirty (30) days before the funds are available and whether the person, group or entity intends to use the funds.
(4) All new federal election funds must be appropriated by the Legislature before the funds may be dispersed by a person, group or entity charged by the state to administer any official election(s) unless otherwise required by state or federal law.
(5) A violation of this section shall result in a fine against the person, group or entity charged by the state to administer any official election(s) who disperses new federal election funds in their official capacity, in the amount of the new federal election funds dispersed and an additional fine of One Thousand Dollars ($1,000.00).
SECTION 2. The following shall be codified as Section 23-15-9, Mississippi Code of 1972:
23-15-9. (1) The purpose of this section is to ensure that all new federal election guidance has been properly reviewed by the Legislature before implementation to ensure that it is lawful and to provide the state with an opportunity to challenge the guidance in court.
(2) For purposes of this section, "new federal election guidance" means any federal directive or guidance pertaining to elections that was issued after July 1, 2023, including, but not limited to, the following:
(a) Times, places and manner for carrying out elections;
(b) Any federal directive or guidance issued by the Department of Justice or any other federal executive agency related to new or existing voting or election laws or procedures;
(c) Any federal directive or guidance that was not published on the Secretary of State's website; and
(d) Any federal directive or guidance that was given directly to any person, group or entity charged by the state to administer any official election(s).
(3) Any person, group or entity charged by the state to administer any official election(s) who intends to implement any new federal election guidance shall provide notice to the Legislature of that intent at least thirty (30) days before implementing the guidance.
(4) No election official shall implement any new federal election guidance, regardless of whether that guidance is published on the Secretary of State's website, without an explicit state or federal requirement to do so.
(5) If any new federal election guidance is implemented without providing the notice required under this section, the person, group or entity charged by the state to administer any official election(s) that implemented the guidance shall be charged a fine in the amount of Five Thousand Dollars ($5,000.00) to be levied every thirty (30) days until the implemented guidance is formally withdrawn or paused until the notice and period of review is finished.
SECTION 3. The following shall be codified as Section 23-15-10, Mississippi Code of 1972:
23-15-10. (1) The purpose of this section is to ensure that the Governor and Legislature are notified of all communications made or provided to state agencies and entities responsible for overseeing elections by the United States Department of Justice (DOJ) or any other federal executive branch agency, related to elections and voting, to enable the state to respond as needed and to ensure state agencies are not being unduly coerced by the federal executive branch to potentially violate state law, especially laws related to times, places and manner of elections.
(2) For purposes of this section, "communication(s)" means any federal directive or guidance that is received after July 1, 2023, and passed through telephonic or electronic means, the mail, or in-person, pertaining to elections, including the times, places and manner for carrying out elections, to any state agency or person, group, or entity charged by the state to administer any official election(s). This includes, but is not limited to, any guidance issued by the DOJ or an employee thereof, or any other federal executive agency or an employee thereof, related to new or existing voting or election laws or procedures.
(3) Any state agency, whether that agency is involved in elections or not, or any person, group or entity charged by the state to administer any official election(s), that sends or receives a communication to or from the DOJ, or any other federal executive branch agency, or an employee thereof, related to new or existing voting or election laws, must provide notice to the Governor and Legislature of this communication within five (5) business days of receiving the communication.
(4) The notice requirement provided in subsection (3) of this section shall be satisfied if the postmark date on the notice sent to the Governor and Legislature, through certified mail, outlining the communication received or sent, or both, shows that the notice was sent within five (5) days of receiving the communication.
(5) Failure to provide the notice required under this section shall result in a fine in the amount of Five Hundred Dollars ($500.00) for each communication where notice was not provided.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.