Senate Bill 2351

AN ACT TO CODIFY SECTION 23-15-615, MISSISSIPPI CODE OF 1972, TO ALLOW THE SECRETARY OF STATE TO PERFORM RANDOM PROCEDURAL AUDITS ON COUNTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 23-15-615, Mississippi Code of 1972:

23-15-615. (1) The Secretary of State is authorized to audit election procedures in the counties of this state. The conduction of an audit shall not create excessive interference with the general duties and responsibilities of the Secretary of State. The Secretary of State may, in order to fulfill the requirements of this section, enter into agreements with third-parties, under the supervision of the Secretary of State, for the purposes of conducting election procedure audits, provided that any third parties would be licensed by and in good standing with the Mississippi Board of Public Accountancy.

(2) The Secretary of State shall prescribe rules and regulations for random selection of any county for an election audit. The Secretary of State shall randomly select the precinct(s) to be audited in any county. No county or precinct shall be selected for audit on the basis of race, geographical location or voting trends. Further, no county will be selected more than once in a four-year period of time.

(3) 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 pursuant to section 23-15-927, 23-15-951 or 23-15-955.

(4) (a) No later than one hundred twenty (120) days after the election that the Secretary of State is auditing, the Secretary of State shall compile a report of the audits conducted, which shall be published on the official website of the Secretary of State.

(b) If the Secretary of State determines that more time is needed to complete an audit, the Secretary of State may make a finding of the additional time needed, which shall not exceed one hundred and fifty (150) days after the election, and post notice to the website of the Secretary of State.

(5) The Secretary of State shall promulgate administrative rules to carry out the provisions of this subchapter.

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