House Bill 1401

(As Passed the House)

AN ACT TO AMEND SECTIONS 23-15-557, 23-15-281 AND 23-15-285, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO POLLING PLACE MAY BE LOCATED AT ANY TYPE OF FACILITY THAT SELLS ANY TYPE OF ALCOHOLIC BEVERAGE; TO DEFINE "FACILITY" AND "ALCOHOLIC BEVERAGE"; TO PROVIDE THAT THE DEFINITION OF "FACILITY" SHALL NOT INCLUDE ANY GOVERNMENT-OWNED BUILDING OR ANY BUILDING OWNED BY A NONPROFIT ORIGINATION; TO BRING FORWARD SECTIONS 23-15-283 AND 23-15-259, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-557, Mississippi Code of 1972, is amended as follows:

23-15-557. The governing authorities of any municipality within the State of Mississippi are hereby authorized and empowered, in their discretion, to divide the municipality into a sufficient number of voting precincts of such size and location as is necessary, and there shall be the same number of polling places. The authority conducting an election shall not be required, however, to establish a polling place in each of said precincts, but such election authorities, whether in a primary or in a general election, may locate and establish such polling places, without regard to precinct lines, in such manner as in the discretion of such authority will better accommodate the electorate and better facilitate the holding of the election. No polling place may be located at any type of facility that sells any type of alcoholic beverage. For purposes of this section, "facility" means a location that has a license to sell beer, liquor or wine, but does not include any government-owned building or any building owned by a nonprofit organization and "alcoholic beverage" means beer, wine and liquor.

SECTION 2. Section 23-15-281, Mississippi Code of 1972, is amended as follows:

23-15-281. (1) Each county shall be divided into supervisors districts, which shall be the same as those for the election of members of the board of supervisors, and may be subdivided thereafter into voting precincts; and there shall be only one (1) voting place in each voting precinct. The board of supervisors shall notify the Office of the Secretary of State of the boundary of each supervisors district, sub-precinct and voting precinct as then fixed and shall provide the office a legal description and a map of each supervisors district, sub-precinct and voting precinct and shall indicate the voting place in each such district. The board of supervisors shall also ensure the legal description and map of each supervisors district is available in the circuit clerk's office for public inspection.

(2) The board of supervisors is authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to purchase improved or unimproved property and to construct, reconstruct, repair, renovate and maintain polling places, or to pay to private property owners reasonable rental fees when the property is used as a polling place for a period not to exceed the day immediately preceding the election, the day of the election, and the day immediately following the election. On or before May 1, 2019, the county board of supervisors shall ensure each polling place is accessible to all voters, structurally sound, capable of providing air conditioning and heating and compliant with the Americans with Disabilities Act. No polling place may be located at any type of facility that sells any type of alcoholic beverage. For purposes of this section, "facility" means a location that has a license to sell beer, liquor or wine, but does not include any government-owned building or any building owned by a nonprofit organization and "alcoholic beverage" means beer, wine and liquor.

(3) All facilities owned or leased by the state, county, municipality, or school district may be made available at no cost to the board of supervisors for use as polling places to such extent as may be agreed to by the authority having control or custody of these facilities.

SECTION 3. Section 23-15-285, Mississippi Code of 1972, is amended as follows:

23-15-285. The board of supervisors shall cause an entry to be made on the minutes of the board at some meeting, as early as convenient, defining the boundaries of the several supervisors districts, sub-precincts and voting precincts in the county, and designating the voting place in each voting precinct; and as soon as practicable after any change is made in any supervisors district, sub-precincts, voting precinct or any voting place, the board of supervisors shall cause the change to be entered on the minutes of the board in such manner as to be easily understood. No polling place may be located at any type of facility that sells any type of alcoholic beverage. For purposes of this section, "facility" means a location that has a license to sell beer, liquor or wine, but does not include any government-owned building or any building owned by a nonprofit organization and "alcoholic beverage" means beer, wine and liquor. Precinct boundaries may be changed only during the times provided in Section 23-15-283.

No voting precinct shall have more than five hundred (500) qualified electors residing in its boundaries. Subject to the provisions of this section, each board of supervisors of the various counties of this state shall as soon as practical after January 1, 1987, alter or change the boundaries of the various voting precincts to comply herewith and shall from time to time make such changes in the boundaries of voting precincts so that there shall never be more than five hundred (500) qualified electors within the boundaries of the various voting precincts of this state; provided further, this limitation shall not apply to voting precincts that are so divided, alphabetically or otherwise, so as to have less than five hundred (500) qualified electors in any one (1) box within a voting precinct. However, the limitation of five hundred (500) qualified electors to the voting precinct shall not apply to voting precincts in which voting machines are used at all elections held in that voting precinct. No change in any supervisors district, sub-precinct or voting precinct shall take effect less than thirty (30) days before the qualifying deadline for the office of county supervisor.

SECTION 4. Section 23-15-283, Mississippi Code of 1972, is brought forward as follows:

23-15-283. (1) The board of supervisors shall have power to alter the boundaries of the supervisors districts, voting precincts, sub-precincts and the voting place therein. If the board of supervisors orders a change in the boundaries, they shall notify the election commissioners, who shall at once cause the voter rolls as electronically maintained by the Statewide Elections Management System of voting precincts affected by the order to be changed to conform to the change so as to contain only the names of the qualified electors in the voting precincts as made by the change of boundaries. Upon the order of change in the boundaries of any voting precinct or the voting place therein, the board of supervisors shall notify the Office of the Secretary of State and provide the Office of the Secretary of State a legal description and a map of any boundary change. No change shall be implemented or enforced until the requirements of this section have been met.

(2) Only officials certified by the Secretary of State shall be authorized to implement boundary line changes in the Statewide Elections Management System. The training and certification required under this subsection (2) shall be available to the circuit clerk, county election commissioners or any other individual designated by the board of supervisors to be responsible for implementing boundary line changes into the Statewide Elections Management System.

(3) Any governmental entity authorized to adopt, amend or change boundary lines shall immediately forward all changed boundary lines to the appropriate circuit clerk, who shall, if authorized under subsection (2), implement the boundary line changes in the Statewide Elections Management System. If the circuit clerk is not the appropriate person to implement the boundary line changes, the clerk shall immediately forward a copy of all materials to the appropriate person. Copies of any boundary line changes within the county shall be maintained in the office of the circuit clerk and made available for public inspection. No change shall be implemented or enforced until the requirements of this section have been met.

(4) Precinct boundary changes affected by the authority of this section or of any other provision of law shall not be implemented during any decade after the last day of September of the year ending in eight (8). Precinct boundaries in force and effect at such time shall remain in effect and unalterable until the last day of December in the next year ending in zero. This prohibition shall not bar the creation or modification of sub-precinct boundaries.

SECTION 5. Section 23-15-259, Mississippi Code of 1972, is brought forward as follows:

23-15-259. The boards of supervisors of the several counties are authorized to allow compensation of the officers rendering services in matters of registration and elections, to provide ballot boxes, voter rolls as electronically maintained by the Statewide Elections Management System, and all other things required by law in registration and elections. The boards are also authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to allow such reasonable sum as may be expended in supplying voting compartments, tables or shelves for use at elections.

SECTION 6. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.