Senate Bill 2278

AN ACT TO CREATE NEW SECTION 23-15-823, MISSISSIPPI CODE OF 1972, TO REQUIRE A SOCIAL MEDIA COMPANY THAT RESTRICTS A CANDIDATE OR ELECTED OFFICIAL TO FILE A REPORT WITH THE SECRETARY OF STATE; TO DEFINE TERMS; TO REQUIRE THE MISSISSIPPI SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE PRESERVATION AND PUBLIC INSPECTIONS OF ANY REPORTS AS WELL AS A PROCEDURE FOR AN ELECTED OFFICIAL TO ALLEGE A VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 23-15-823, Mississippi Code of 1972:

23-15-823. (1) As used in this section, the following terms have the meanings ascribed herein unless the context requires otherwise:

(a) "Candidate" means an individual who seeks nomination for election, or election, to any elective office and has or intends to:

(i) Pay the assessment, file a written statement and file a petition containing the signatures of the requisite number of voters, if applicable, pursuant to Sections 23-15-297 and 23-15-299; or

(ii) Designate a principal campaign committee pursuant to 52 USC Section 30102(e) and 11 C.F.R. Section 101.1.

(b) "Elected official" means a person elected to any elective office.

(c) "Social media platform" means any website and/or application with the primary purpose of communication, collaboration, social interaction, and sharing of user-generated content through personalized web profiles. "Social media platform" does not include electronic mail, short message service, or other similar means of communication.

(2) When a candidate or elected official has been restricted from a social media platform, the entity which operates and/or maintains the social media platform, or its successor entities, shall file a report with the Mississippi Secretary of State disclosing this action, on a form as prescribed by the Secretary, within three (3) business days of the restriction occurring.

(3) When an entity which operates and/or maintains the social media platform indicates a good-faith effort has been made to submit the information required, any record or report shall be considered in compliance with this section.

(4) The Mississippi Secretary of State shall:

(a) Promulgate rules and regulations regarding the administration of this section to:

(i) Define a restriction for purposes of this section;

(ii) Provide for the preservation and public inspection of the reports filed by an entity under this section; and

(iii) Provide a process by which candidates or elected officials may allege a violation of this section; and

(b) Provide notice of the rules and regulations promulgated under this section to any entity which operates and/or maintains a social media platform and is registered to do business in the state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.