Adopted

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for Senate Bill No. 2351

BY: Senator(s) Sparks

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  The following shall be codified in Title 23, Chapter 15, Mississippi Code of 1972:

     (1)  The Attorney General is authorized to investigate alleged election fraud in the counties of this state upon a verified complaint of a candidate whose name appears on the ballot of the election in question, or from an election official or circuit clerk of a county where the election in question took place.  The conduction of an investigation shall not create excessive interference with the general duties and responsibilities of the Attorney General.

     (2)  Upon request by the Attorney General, the Secretary of State shall assist in any investigation of a complaint pursuant to subsection (1).

     (3)  The Attorney General shall not investigate a complaint under this section at any precinct where an election occurred and that election is being challenged pursuant to Sections 23-15-927, 23-15-951 or 23-15-955.

     (4)  The Attorney General shall provide reasoning in writing if their office determines that an investigation is not warranted, and said document shall be provided to the complainant, circuit clerk of the county in the complaint and the Secretary of State's office.  The Attorney General shall give a written report at the completion of the investigation to the complainant, circuit clerk of the county in the complaint and the Secretary of State's office if criminal action is not pursued.  If the Attorney General alledges that a criminal act has occurred, he or she shall turn their findings over to the district attorney of the district where the alleged criminal acts occurred, or prosecute through his or her authority pursuant to Section 7-5-1.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO CREATE A NEW SECTION TO BE ADDED TO TITLE 23, CHAPTER 15, MISSISSIPPI CODE OF 1972, TO ALLOW THE ATTORNEY GENERAL'S OFFICE TO INVESTIGATE COMPLAINTS OF ELECTION FRAUD; TO PROVIDE PROCEDURES FOR WHICH THE ATTORNEY GENERAL SHOULD FOLLOW TO SHARE THE FINDINGS OF AN ELECTION FRAUD INVESTIGATION; AND FOR RELATED PURPOSES.