MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Elections
By: Senator(s) England
AN ACT TO CREATE THE IN-PERSON EARLY VOTING ACT; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE PREELECTION DAY VOTING PERIOD SHALL BEGIN 15 DAYS BEFORE THE ELECTION AND CONTINUE UNTIL NOON ON THE SATURDAY IMMEDIATELY PRECEDING THE ELECTION; TO PROVIDE THAT PREELECTION DAY VOTING SHALL BE FOR EACH PRIMARY, GENERAL, RUNOFF, SPECIAL AND MUNICIPAL ELECTION FOR PUBLIC OFFICE; TO PROVIDE THE HOURS FOR PREELECTION DAY VOTING IN THE REGISTRAR'S OFFICE DURING REGULAR BUSINESS HOURS; TO PROVIDE EXTENDED HOURS TO VOTE DURING THE LAST FULL WEEK PRECEDING AN ELECTION; TO PROVIDE THAT NOTICE OF PREELECTION DAY VOTING SHALL BE PROVIDED IN THREE PUBLIC PLACES EIGHT DAYS BEFORE THE VOTING BEGINS; TO PROVIDE THE PROCEDURES TO FOLLOW WHEN CASTING A BALLOT DURING THE PREELECTION DAY VOTING PERIOD; TO PROVIDE THE MANNER FOR CHALLENGING THE QUALIFICATIONS OF A VOTER DURING THE PREELECTION DAY VOTING PERIOD; TO PROHIBIT VOTING VIA BALLOT HARVESTING, BALLOT DROP BOXES OR WITH MAIL-IN OR ABSENTEE BALLOTS FOR A REASONS OR INSTANCES OTHER THAN WHAT IS ALLOWED BY THE MISSISSIPPI ELECTION CODE; TO AMEND SECTIONS 23-15-625, 23-15-627, 23-15-631, 23-15-637, 23-15-713, 23-15-715 AND 23-15-719, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 1 through 6 of this act shall be known and may be cited as the "In-Person Early Voting Act."
SECTION 2. For purposes of this act, these words will have the following meanings, unless their context clearly suggests otherwise:
(a) "Election" means the period of time that is available for casting a final vote. References to the time of an election or the duration of the election shall encompass, unless the context clearly indicates otherwise, the fourteen-day period that has been designed for in-person early voting.
(b) "Polling place" or "voting precinct" means any place where a qualified elector votes during the in-person early voting period and on the actual election day.
SECTION 3. (1) The in-person early voting period shall begin fifteen (15) days before the date of each primary, general, runoff, special and municipal election for public office and continue until 12:00 p.m. on the Saturday immediately preceding the election day. Any qualified elector may vote during the times established for in-person early voting in this chapter only in the office of the registrar in which the elector is registered to vote. No other or additional location for in-person early voting is permitted.
(2) In-person early voting shall be conducted in the office of the appropriate registrar during regular business hours. During the last full week preceding an election, the office of the appropriate registrar may extend the office hours to accommodate in-person early voters to allow voting during the lunch period and until 7:00 p.m. All registrar offices shall remain open from 8:00 a.m. until 12:00 p.m. for the two (2) Saturdays immediately preceding each election.
(3) Notice of the in-person early voting hours shall be given by the officials in charge of the election not less than eight (8) days before the in-person early voting period begins. Such notice shall be posted in three (3) public places within the county or municipality, with one (1) place being the county courthouse in a county election or city hall in a municipal election.
SECTION 4. (1) A qualified elector who desires to vote during the in-person early voting period shall appear at the office of the appropriate registrar in the county or municipality in which the elector is a resident and registered to vote and shall present an acceptable form of photo identification. Upon verification of the proper location and identity, the elector shall be marked in the Statewide Elections Management System as "VOTED IPE," sign the appropriate receipt book and cast his or her vote in the same manner that such vote would be cast on the day of the election. Except as otherwise provided in Sections 1 through 5 of this act, the election laws that govern the procedures for a person who appears to vote on the day of an election shall apply when a person appears to vote during the in-person early voting period.
(2) All votes cast during the in-person early voting period shall be final.
(3) The votes cast during the in-person early voting period shall be tabulated and announced simultaneously with all other votes cast on election day after the polls close at 7:00 p.m., and not before that time.
SECTION 5. Each political party, candidate or any representative of a political party or candidate pursuant to Section 23-15-577 shall have the right to be present at the office of the appropriate registrar when it is open for in-person early voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law for challenging qualifications at the polling place on election day.
SECTION 6. (1) The Secretary of State shall promulgate rules and regulations necessary to effectuate in-person early voting.
(2) The Secretary of State shall promulgate specific instructions for the security and integrity of the voting systems during the in-person early voting period. All voting systems used under this section shall be maintained and locked in a secure location at the registrar's office or building each day after the close of in-person early voting hours.
SECTION 7. (1) As used in this section, the following words shall have the following meanings, unless the context clearly provides otherwise:
(a) "Ballot harvesting" means a person who knowingly collects and transmits a ballot belonging to another person outside of the exceptions provided in Section 23—15-907.
(b) "Ballot drop boxes" means an unsupervised receptacle where voters can return absentee or mail ballots in sealed and signed envelopes. Ballot drop boxes shall also include supervised drop-box locations that are not voting locations authorized by state law.
(2) Voting via ballot harvesting, ballot drop boxes, or by mail-in or absentee ballots other than for reasons or instances allowed by the Mississippi Election Code, shall be prohibited.
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.
(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 envelopes
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 * * * poll manager a list of the
names of all persons in each respective precinct voting absentee by mail and * * * during in-person early voting
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 poll managers, the registrar shall also
turn over a list of all such persons who have voted during in-person early voting
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. 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. 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. Such application 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 citizen of Mississippi
temporarily residing outside of the county of my residence during the in-person
early voting period or on election day.
( ) I am an emergency response provider, deployed due to a state of emergency declared by the President of the United States or the Governor of any state within the United States during the time period provided by law for preelection day voting and 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 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 ___________________________________________.
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)"
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) 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.
( * * *b) After marking the ballot, fill out
and sign the "ELECTOR'S CERTIFICATE" 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" across the flap on the back of the
envelope. 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 * * * received by the registrar not later than 7:00 p.m. on the
day of the election. The ballot may only be transmitted by the United States
Postal Service or other common carriers, including, but not limited to, the 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 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 an
attesting witness, his or her signature on the elector's certificate, together
with his or her title and address, but no seal, shall be required. 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.
( * * *c) 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 preaddressed envelope provided by the
registrar.
( * * *d) 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.
( * * *e) 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 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. (1) * * * Absentee ballots and applications
received by mail or common carrier, such as United Parcel Service or FedEx
Corporation, except for fax or electronically transmitted ballots as
otherwise provided by Section 23-15-699 for UOCAVA ballots, must be * * *
received by the registrar * * * no more than five (5) business days after the election by 7:00
p.m. the day of the election; any received after such time shall be handled
as provided in Section 23-15-647 and shall not be counted.
* * *
(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 * * * by mail * * * 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 12. 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
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.
* * *
( * * *b) 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. * * *
( * * *c) 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. For purposes of this paragraph (e), "temporary
physical disability" shall include any qualified elector who is under a
physician-imposed quarantine due to COVID-19 during the year 2020 or is caring
for a dependent who is under a physician-imposed quarantine due to COVID-19
beginning with July 8, 2020, and the same being repealed on December 31, 2020.
( * * *d) Any person who is sixty-five (65)
years of age or older.
( * * *e) 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.
( * * *f) Any qualified elector who * * *
is temporarily residing outside of their county of residence during the in-person
early voting period or on election day during the times at which the polls
will be open.
SECTION 13. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector described
in Section 23-15-713 and desiring an absentee ballot as provided in this
subarticle may secure same if * * * within * * * forty-five (45) days * * *
before
any election but not less than seven (7) days before the election, such elector
applies for an absentee ballot as provided in the provisions of this act. All
applications, other than those of persons having a temporary or
permanent physical disability, 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. The applications of persons having a temporary
or permanent physical disability are not 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. * * * 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 14. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719. * * * 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 this article, as well as
information to comply with Section 23-15-641(3) related to the status of the
elector's ballot. * * *
The registrar shall not personally hand deliver ballots to voters. 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 subscribe and swear to an affidavit and
mail the ballot to the address provided on the absentee ballot official envelope. * * *
Ballots requested under Section 23-15-713(f) shall be mailed to the voter's
address outside of the county in which he or she is registered.
* * *
SECTION 15. This act shall take effect and be in force from and after July 1, 2024.