Senate Bill 2424

AN ACT TO AMEND SECTION 23-15-639, MISSISSIPPI CODE OF 1972, TO ALLOW ABSENTEE BALLOT VOTERS TO CURE BALLOTS DECLARED DEFECTIVE DUE TO SIGNATURE ISSUES; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 circuit clerk's office, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) (i) The signature on the application shall then be compared with the signature on the back of the envelope. 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~~ it being unfolded, or permitted to be unfolded or examined.

(ii) When a voter's absentee ballot is rejected for the signatures not corresponding on the absentee application and absentee ballot envelope, the voter will have the opportunity to cure that defect if it is the sole reason for rejection of the ballot. The Secretary of State shall promulgate rules setting forth the procedure in which a voter can cure his or her ballot before certification of the election.

(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 2. This act shall take effect and be in force from and after July 1, 2024.