MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representatives Tullos, Hulum
AN ACT TO PROVIDE THAT FOR ALL ABSENTEE BALLOTS THAT ARE CAST IN PERSON AT THE OFFICE OF THE REGISTRAR, THE ABSENTEE BALLOT APPLICATION AND ELECTOR CERTIFICATES SHALL BE PRINTED ON THE ABSENTEE BALLOT ENVELOPE; TO PROVIDE THAT A SIGNATURE MISMATCH SHALL NOT BE GROUNDS FOR REJECTING AN ABSENTEE BALLOT THAT WAS CAST IN PERSON IN THE REGISTRAR'S OFFICE; TO AMEND SECTIONS 23-15-633, 23-15-635, 23-15-639, 23-15-641, 23-15-715, 23-15-719 AND 23-15-631, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 23-15-627, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN METHODS OF NOTIFICATION TO BE ASKED ON THE ABSENTEE BALLOT APPLICATION; TO PROVIDE FOR PEOPLE WHO WORK ON-CALL AND THOSE WHO ARE INCARCERATED FOR A NONDISENFRANCHISING CRIME TO RECEIVE AN ABSENTEE BALLOT; TO AMEND SECTIONS 23-15-625, 23-15-713, 23-15-637 AND 23-15-721, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-697, MISSISSIPPI CODE OF 1972, TO PROHIBIT RETURNING MAIL-IN BALLOTS USING ANY METHOD OTHER THAN BY MAIL OR COMMON CARRIER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For the purpose of this article, for all absentee ballots that are cast in person at the office of the registrar, the absentee ballot application and the required elector certificates shall be printed on the same absentee ballot envelope, with the application being printed on the front side of the envelope and the elector's certificates printed on the back side of the envelope. Such envelope shall not be smaller than eight and one-half (8-1/2) inches by eleven (11) inches. Once a voter has completed the application, he or she shall proceed to cast his or her absentee ballot and then place the ballot in the absentee ballot envelope as otherwise provided by law. After the ballot is sealed in the envelope, the elector shall complete the elector's certificate. A signature mismatch shall not be grounds for rejecting an absentee ballot that was cast in person in the registrar's office.
SECTION 2. Section 23-15-633, Mississippi Code of 1972, is amended as follows:
23-15-633.
(1) On any envelope where the elector's signature and the signature of
the attesting witness are required, the signature lines and the signatures
shall be in the boxes across the flap of the envelope to * * *
ensure the integrity of the ballot and the following shall be printed on
the flap on the back of the envelope in bold print and in a distinguishing
color: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS
NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP
OF THIS ENVELOPE * * *."
(2) For in-person absentee ballot envelopes, the form of the envelope shall comply with the provisions of Section 1 of this act.
SECTION 3. Section 23-15-635, Mississippi Code of 1972, is amended as follows:
23-15-635. (1) The form of the elector's certificate, attesting witness certification and certificate of the person providing voter assistance on the back of the envelope used by absentee voters who receive their ballot by mail and who are not absent voters as defined in Section 23-15-673, shall be as follows:
"ELECTOR'S CERTIFICATE
STATE OF __________
COUNTY OF __________
I,
__________, under penalty of perjury do solemnly swear that this envelope
contains the ballot marked by me indicating my choice of the candidates or propositions
to be submitted at the election to be held on the ___ day of __________, 2____,
and I hereby authorize the registrar to place this envelope in the ballot box
on my behalf, and I further authorize the * * * resolution board to
open this envelope and place my ballot among the other ballots cast before such
ballots are counted, and record my name on the poll list as if I were present
in person and voted.
I further swear that I marked the enclosed ballot in secret.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up to one (1) year in jail and a fine of up to One Thousand Dollars ($1,000.00). (Miss. Code. Ann. Section 97-13-37.)
____________________
(Signature of voter)
CERTIFICATE OF ATTESTING WITNESS
Under penalty of perjury I affirm that the above named voter personally appeared before me, on this the ___ day of __________, 2____, and is known by me to be the person named, and who, after being duly sworn or having affirmed, subscribed the foregoing oath or affirmation. That the voter exhibited to me his or her blank ballot; that the ballot was not marked or voted before the voter exhibited the ballot to me; that the voter was not solicited or advised by me to vote for any candidate, question or issue, and that the voter, after marking his or her ballot, placed it in the envelope, closed and sealed the envelope in my presence, and signed and swore or affirmed the above certificate.
_________________________ _________________________
(Attesting witness) (Address)
_________________________ _________________________
(Official title) (City and State)
CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I, under penalty of perjury, hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Miss. Code. Ann. Section 23-15-753.) Penalties for voter intimidation are up to one (1) year in jail and a fine of up to One Thousand Dollars ($1,000.00). (Miss. Code. Ann. Section 97-13-37.)
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(2)
The envelope shall have printed on the flap on the back of the envelope in bold
print and in a distinguishing color, the following: "YOUR VOTE WILL BE
REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND AN
ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS ENVELOPE * * *."
A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot.
SECTION 4. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) The examination and counting of all absentee ballots shall be conducted as follows:
(a)
At the opening of the regular balloting and at the opening of the polls, the
resolution board established under Section 23-15-523 and trained in the process
of canvassing absentee ballots shall first take the envelopes containing the absentee
ballots of such electors from the secure location at the * * * registrar's office, and
the name, address and precinct inscribed on each envelope shall be announced by
the * * * resolution board.
(b) (i) For absentee ballots that were received by mail, the signature on the application shall then be compared with the signature in the box on the back of the envelope. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. If it corresponds and the affidavit, if one is required, is sufficient and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.
(ii) For absentee ballots that were cast in person in the registrar's office, the resolution board shall confirm that the voter completed the application on the front of the envelope and signed the elector's certificate in the box on the back of the envelope. If it is signed and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall be opened and the absentee ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.
(c) Having observed and found the ballot to be regular as far as can be observed from its official endorsement, the resolution board shall deposit it in the ballot box with the other ballots before counting any ballots and enter the voter's name in the receipt book provided for that purpose. All absentee ballots received prior to 7:00 p.m. the day before the election shall be counted in the registrar's office by the resolution board when the polls close and then added to the votes cast in each precinct. All absentee ballots received after 7:00 p.m. the day before the election but not later than the fifth business day after the election shall be processed by the resolution board.
(2) The resolution board shall also take such action as may be prescribed by the Secretary of State to ensure compliance with the identification requirements of Section 23-15-563.
(3) The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.
SECTION 5. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641.
(1) For all absentee votes received by mail, if an affidavit or the
certificate of the officer before whom the affidavit is taken is required and
such affidavit or certificate is found to be insufficient, or if it is found
that the signatures do not correspond, or that the applicant is not a duly qualified
elector in the precinct, or otherwise qualified to vote, or that the ballot
envelope is open or has been opened and resealed, * * *
the previously cast vote shall not be allowed. Without opening the voter's envelope
the resolution board shall mark across its face "REJECTED", with the
reason therefor.
(2) For all absentee votes received by mail, if the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED", with the reason therefor, and the registrar shall promptly notify the voter of such rejection. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(3)
If an affidavit is required and the officials find that the affidavit
is insufficient, or if the officials find that the absentee voter is otherwise disqualified
to vote, the envelope shall not be opened and * * * the
resolution board shall write across the face of the envelope "REJECTED"
giving the reason therefor, and the registrar shall promptly notify the voter
of such rejection.
(4) The ballots marked "REJECTED" shall be placed in a separate envelope in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county.
(5) All electors voting absentee shall be provided with written information to inform the person how to ascertain whether his or her ballot was counted and, if rejected, the reason therefor.
(6) A signature mismatch shall not be grounds for rejecting an absentee ballot that was cast in the registrar's office. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot.
SECTION 6. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:
(a)
Not more than forty-five (45) days nor later than 12:00 noon, * * * on the Saturday immediately preceding
elections held on Tuesday, the Thursday immediately preceding elections held on
Saturday, or the second day immediately preceding the date of elections held on
other days, he or she shall appear in person before the registrar of the
county in which he resides, or for municipal elections he shall appear in person
before the city clerk of the municipality in which he or she resides
and, when the elector so appears, he or she shall execute and file an
application as provided in Section 23-15-627 and vote by absentee ballot * * *. If the absentee ballot
has not been printed by forty-five (45) days preceding the election, the
elector may appear and file an application anytime before the election. Then
the absentee ballot shall be mailed by the * * * registrar to the elector
as soon as the ballot has been printed.
(b) Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence and such parent, spouse or dependent will be with such person on election day, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence, and such parent, spouse or dependent will be with such person on election day, may obtain absentee ballots by mail under the provisions of this subsection and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.
(c) Except when the voter has requested a runoff ballot on the initial absentee ballot application, upon request for a runoff ballot pursuant to Section 23-15-719, the registrar shall mail together the absentee ballot application and the absentee ballot to the absent voter for the runoff election.
SECTION 7. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719.
(1) Except where the registrar has already mailed a ballot with an application,
upon receipt of a properly completed application form by an elector qualified
to vote absentee as provided in this article, the registrar shall mail the absent
voter an absentee ballot within one (1) business day, or as soon as the absentee
ballot is prepared and available, containing the names of all the candidates and
propositions, if any, to be voted on in the election. The registrar shall include
with the absentee ballot an official envelope that complies with the provisions
of * * *
Section 23-15-635, as well as information to comply with Section 23-15-641(3)
related to the status of the elector's ballot.
(2)
When an absentee voter appears before the registrar to vote, the registrar
shall identify the applicant by requiring him or her to present
identification as required by Section 23-15-563, and shall then deliver the * * * ballot
to the applicant in the registrar's office. * * * After the applicant has properly marked the ballot and properly
folded it, he or she shall deposit it in the envelope furnished to
him or her by the registrar.
After
the absentee voter has sealed the envelope, he or she shall ensure the absentee
application on the front of the envelope is complete and shall subscribe
and swear to an affidavit * * * and mail the ballot to the address provided on the absentee ballot
official envelope. The affidavit shall be in the following form,
which shall be printed on the back of the envelope containing the applicant's
ballot:
"STATE OF MISSISSIPPI
COUNTY OF ___________
I,
__________, do solemnly swear that this envelope contains the ballot marked by
me indicating my choice of the candidates or propositions to be submitted at the
election to be held on the ___ day of __________, 2___, and I hereby authorize
the registrar to place this envelope in the ballot box on my behalf, and I
further authorize the * * * resolution board to open this envelope and
place my ballot among the other ballots cast before such ballots are counted, and
record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
_______________________
(Signature of voter)
SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.
(Registrar) _______________________
(Registrar)"
After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.
( * * *3) If the voter has received assistance
in marking his or her ballot, the person providing the assistance shall
complete the following form which shall be printed on the back of the envelope
containing the applicant's ballot:
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
( * * *4) The envelope used pursuant to this
section shall not contain the form prescribed by Section 23-15-635 and shall
have printed on the flap on the back of the envelope in bold print and in a
distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND
NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN
THE BOXES ACROSS THE FLAP OF THIS ENVELOPE * * *."
A portion of the voter's signature extending outside of the box shall not be grounds for rejecting that voter's ballot.
(5) The registrar shall not personally hand deliver ballots to voters, except to those who personally appear in the registrar's office to absentee vote.
SECTION 8. Section 23-15-625, Mississippi Code of 1972, is amended as follows:
23-15-625. (1) The registrar shall be responsible for providing applications for absentee voting as provided in this section. At least sixty (60) days before any election in which absentee voting is provided for by law, the registrar shall provide a sufficient number of applications. In the event a special election is called and set at a date which makes it impractical or impossible to prepare applications for absent elector's ballot sixty (60) days before the election, the registrar shall provide applications as soon as practicable after the election is called. The registrar shall fill in the date of the particular election on the application for which the application will be used. For voters appearing in person to cast an absentee vote, the application and elector certificate shall be printed on the absentee ballot envelope as provided in Section 1 of this act.
(2) The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he or she serves. Any person who presents to the registrar an oral or written request for an absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote by absentee ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose. However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State. The form shall provide a place for such person to place his or her mark after the form has been filled out by the registrar.
(3) It shall be unlawful for any person to solicit absentee ballot applications or absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173 unless the person soliciting the absentee ballot applications or absentee ballots is:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) The registrar in the county wherein a voter is qualified to vote upon receiving by mail the envelope containing the absentee ballots shall keep an accurate list of all persons preparing such ballots. The list shall be kept in a conspicuous place accessible to the public near the entrance to the registrar's office. The registrar shall also furnish to each precinct manager a list of the names of all persons in each respective precinct voting absentee by mail and in person to be posted in a conspicuous place at the polling place for public notice. The application on file with the registrar and the envelopes containing the ballots that voters mailed to the registrar shall be kept by the registrar in his or her office in a secure location. At the time such boxes are delivered to the election commissioners or managers, the registrar shall also turn over a list of all such persons who have voted and whose mailed ballots are in the registrar's office.
(5) The registrar shall also be authorized to mail one (1) application to any qualified elector of the county, who is eligible to vote by absentee ballot, for use in a particular election.
(6) The registrar shall process all applications for absentee ballots by using the Statewide Election Management System. The registrar shall account for all absentee ballots delivered to and received by mail as well as those who voted absentee in person from qualified voters by processing such ballots using the Statewide Election Management System.
SECTION 9. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. (1) Any elector described in Section 23-15-713 may request an absentee ballot application and vote in person at the office of the registrar in the county in which he or she resides. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Such form shall be printed on the absentee ballot envelope as provided in Section 1 of this act. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his or her deputy in order to be used to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section.
(2) Such application shall be substantially in the following form for applications mailed to absentee electors:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
(
) I have a temporary or permanent physical disability * * *.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
(
) I am required to be at work on election day during the times * * *
when the polls will be open or I am required to be on-call on election
day during the times when the polls will be open.
( ) I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________.
( ) I wish to receive an absentee ballot for the runoff election ___________________________________________.
Notify me of a problem with my 'Absent Elector's Ballot' at the following:
Phone number: _____________________________
Email address: ____________________________
Mailing address: __________________________
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
_________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
(3) The application printed on the front of the absentee ballot envelope for absentee voters appearing before the registrar shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times when the polls will be open or I am required to be on-call on election day during the times when the polls will be open.
( ) I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Notify me of a problem with my 'Absent Elector's Ballot' at the following:
Phone number: _____________________________
Email address: ____________________________
Mailing address: __________________________
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)"
SECTION 10. Section 23-15-631, Mississippi Code of 1972, is amended as follows:
23-15-631. (1) The registrar shall enclose with each ballot mailed to an absent elector separate printed instructions furnished by the registrar containing the following:
(a) All absentee voters, excepting those with temporary or permanent physical disabilities or those who are sixty-five (65) years of age or older, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. The absentee voter shall come to the office of the registrar and neither the registrar nor his or her deputy shall be required to go out of the registrar's office to serve as an attesting witness.
(b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions.
(c) After marking the ballot, fill out and sign the "ELECTOR'S CERTIFICATE" in the box on the back of the envelope so that the signature is across the flap of the envelope to ensure the integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the box across the flap on the back of the envelope. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. Place the necessary postage on the envelope and deposit it in the post office or some government receptacle provided for the deposit of mail so that the absent elector's ballot will be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election. The ballot may only be transmitted by the United States Postal Service or other common carriers, including, but not limited to, United Parcel Service or FedEx Corporation.
Any
notary public, United States postmaster, assistant United States postmaster,
United States postal supervisor, clerk in charge of a contract postal station,
or other officer having authority to administer an oath or take an
acknowledgment may be an attesting witness; provided, however, that in the case
of an absent elector who is temporarily or permanently physically disabled, the
attesting witness may be any person eighteen (18) years of age or older and such
person is not required to have the authority to administer an oath. If a postmaster,
assistant postmaster, postal supervisor, or clerk in charge of a contract
postal station acts as an attesting witness, his or her signature in a box
on the elector's certificate must be authenticated by the cancellation stamp of
their respective post offices. If an officer having authority to administer an
oath or take an * * * acknowledgment acts as
attesting witness, his or her signature in a box on the elector's certificate,
together with his or her title and address, but no seal, shall be required. A
portion of the elector's signature extending outside of the box shall not be grounds
for rejecting that elector's ballot. Any affidavits made by an absent elector
who is in the Armed Forces may be executed before a commissioned officer,
warrant officer, or noncommissioned officer not lower in grade than sergeant rating
or any person authorized to administer oaths.
(d) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate pre-addressed envelope provided by the registrar.
(e) A candidate for public office, or the spouse, parent or child of a candidate for public office, may not be an attesting witness for any absentee ballot upon which the candidate's name appears, unless the voter is related within the first degree to the candidate or the spouse, parent or child of the candidate.
(f) Any voter casting an absentee ballot who declares that he or she requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his or her absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, the spouse, parent or child of a candidate whose name appears on the absentee ballot being marked or the voter's employer, an agent of that employer or a union representative; however, a candidate whose name is on the ballot or the spouse, parent or child of such candidate may provide assistance upon request to any voter who is related within the first degree. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope.
(2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar.
(3) The Secretary of State shall prepare instructions on how absent voters may comply with the identification requirements of Section 23-15-563.
SECTION 11. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if the elector falls within at least one (1) of the following categories:
(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his or her absence from the county of his or her voting residence on the date of any primary, general or special election, or the spouse and dependents of that student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his or her voting residence, with such student, teacher or administrator.
(b) Any qualified elector who is required to be away from his or her place of residence on any election day due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.
(c) Any qualified elector who is away from his or her county of residence on election day for any reason.
(d)
Any person who has a temporary or permanent physical disability and who,
because of such disability, is unable to vote in person without substantial
hardship to himself, herself or others, or whose attendance at the voting place
could reasonably cause danger to himself, herself or others. * * *
(e)
The parent, spouse or dependent of a person with a temporary or permanent physical
disability who is hospitalized outside of his or her county of residence or
more than fifty (50) miles distant from his or her residence, if the parent, spouse
or dependent will be with such person on election day. * * *
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.
(h)
Any qualified elector who will be unable to vote in person because he or she is
required to be at work on election day during the times * * * when the polls will be open or
any qualified elector who will be required to be on-call on election day during
the times when the polls will be open.
(i) Any qualified elector who is incarcerated in prison or jail in the county where he or she is registered to vote and has not been convicted of a disenfranchising crime.
SECTION 12. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. (1) (a) Absentee ballots and applications received by mail, except for fax or electronically transmitted ballots as otherwise provided by Section 23-15-699 for UOCAVA ballots, or common carrier, such as United Parcel Service or FedEx Corporation, must be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted.
(b)
All ballots cast by the absent elector appearing in person in the office of the
registrar shall be cast with an absentee paper ballot and deposited into a
sealed ballot box by the voter, not later than 12:00 noon * * * on the
Saturday immediately preceding elections held on Tuesday, the Thursday
immediately preceding elections held on Saturday, or the second day immediately
preceding the date of elections held on other days. At the close of business each
day at the office of the registrar, the ballot box used shall be sealed and not
unsealed until the beginning of the next business day, and the seal number shall
be recorded with the number of ballots cast which shall be stored in a secure
location in the registrar's office.
(2) The registrar shall deposit all absentee ballots which have been timely cast and received by mail in a secured and sealed box in a designated location in the registrar's office upon receipt. The registrar shall not send any absentee ballots to the precinct polling locations.
(3) The Secretary of State shall promulgate rules and regulations necessary to ensure that when a qualified elector who is qualified to vote absentee votes by absentee ballot, either by mail or in person with a regular paper ballot, that person's absentee vote is final and he or she may not vote at the polling place on election day. Notwithstanding any other provisions of law to the contrary, the Secretary of State shall promulgate rules and regulations necessary to ensure that absentee ballots shall remain in the registrar's office for counting and not be taken to the precincts on election day.
SECTION 13. Section 23-15-721, Mississippi Code of 1972, is amended as follows:
23-15-721. (1) Absentee ballots requested under the provisions of Section 23-15-715 for electors temporarily residing outside the county of residence shall be mailed to the elector's address outside of the county in which he or she is registered, and such electors shall appear before any official authorized to administer oaths or other official authorized to witness absentee balloting as provided in this article. The elector shall exhibit to such official his or her absentee ballot unmarked and thereupon proceed in secret to fill in the ballot. After the elector has properly marked the ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her. After the elector has sealed the envelope he or she shall deliver it to the official before whom he or she is appearing and shall subscribe and swear to the elector's certificate provided for in Section 23-15-635, which affidavit shall be printed on the back of the envelope as provided for in Section 23-15-635 containing the elector's ballot.
(2) Electors who are temporarily or permanently physically disabled shall sign the elector's certificate and the certificate of attesting witness shall be signed by any person eighteen (18) years of age or older.
(3) After the completion of the requirements of this section, the elector shall mail the envelope containing the ballot to the registrar in the county wherein the elector is qualified to vote. The ballots must be postmarked by the date of the election and received by the registrar no more than five (5) business days after the election to be counted; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted.
SECTION 14. Section 23-15-697, Mississippi Code of 1972, is amended as follows:
23-15-697. When the absentee ballot has been voted and the envelope sealed, signed and certified to as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar.
Hand-delivery of ballots to a voter or from a voter shall be prohibited, and the use of drop boxes or other mechanisms to submit a completed absentee ballot other than by mail or common carrier, shall be prohibited.
SECTION 15. This act shall take effect and be in force from and after July 1, 2024.