MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections

By: Representative Denny

AN ACT TO REQUIRE THE SECRETARY OF STATE TO MAINTAIN A STATEWIDE VOTER REGISTRATION RECORD FROM AND AFTER JULY 1, 1998; TO REQUIRE THE SECRETARY OF STATE TO COMPILE THE RECORD FROM INFORMATION SUBMITTED BY EACH CIRCUIT CLERK; TO ALLOW THE STATEWIDE VOTER REGISTRATION RECORD TO CONSIST OF COMPUTERIZED RECORDS; TO REQUIRE THE RECORD TO BE OPEN TO PUBLIC REVIEW; TO PROVIDE THAT VOTER REGISTRATION DATA SHALL BE TRANSMITTED ELECTRONICALLY ON A PERIODIC BASIS TO THE SECRETARY OF STATE; TO REQUIRE A REGISTRAR TO REMOVE A VOTER'S NAME FROM THE REGISTRATION RECORD IF THE VOTER MOVES HIS OR HER RESIDENCE AND REGISTERS IN A DIFFERENT COUNTY; TO PROVIDE THAT CERTAIN INFORMATION SHALL BE EXEMPT FROM THE MISSISSIPPI PUBLIC RECORDS ACT; TO AMEND SECTION 23-15-113, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REGISTRATION FILES SHALL CONTAIN THE SCANNED SIGNATURES OF ALL REGISTERED VOTERS; TO AMEND SECTION 23-15-114, TO PROVIDE A PENALTY TO BE ASSESSED AGAINST ANY COUNTY WHICH DOES NOT HAVE THE AUTOMATED VOTER REGISTRATION SYSTEM OPERATIONAL BY JULY 1, 1998; AND FOR RELATED PURPOSES.  

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

SECTION 1. (1) From and after July 1, 1998, the Office of the Secretary of State shall maintain a statewide voter registration record listing all qualified electors in the State of Mississippi. The statewide voter registration record shall be compiled by the Secretary of State from the records of voter registration submitted by each county registrar of this state and shall consist of a copy of the computer record maintained by each registrar pursuant to Section 23-15-114.

(2) The Secretary of State shall utilize the statewide voter registration record for the purpose of identifying voters who may have moved from or within a county to another jurisdiction, identifying the names of voters who may be deceased and identifying the names of voters who may be registered in more than one (1) county. Any such information secured by the Secretary of State in accordance with this act indicating the possible need for revising a county's voter registration records shall be forwarded to the county and municipal election commissions and the county and municipal registrars on a monthly basis, upon receipt of which the appropriate election commission shall revise the voter registration records, in accordance with applicable state and federal law.

SECTION 2. (1) The Secretary of State shall prescribe a generally accepted industry standard file format for the electronic transmission of county voter registration data to the Secretary of State. The data shall include, but not be limited to, the voter's full name, present address including apartment number and zip code, date of birth, former names registered under including maiden name, and previous address where the voter was registered under those names, his social security number and all additions, deletions and revisions to the voter registration rolls. Voter registration data shall be transmitted electronically via computer, or floppy disks in the correct format or a hard copy, if the data contains not more than one hundred (100) names, may be mailed. This information must be mailed by the first day of each month by county voter registrars in accordance with procedures prescribed by the Secretary of State.

(2) When a registered voter moves from one county to another within the state and registers in the county of his or her new residence, the registrar of the county of the voter's former residence shall remove the voter's name from the registration records of the county of the voter's former residence. The county registrars shall notify the municipal registrars of all additions, changes and deletions to the voter rolls.

(3) Social security numbers, telephone numbers, and date of birth and age information retained in statewide, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983. All information listed under this subsection shall not be duplicated, distributed or sold. It shall be used for record keeping and statistical information only.

SECTION 3. Section 23-15-113, Mississippi Code of 1972, is amended as follows:

23-15-113. The registration books are to be in the following form: The voter registration files shall contain copies of the applications for registration completed by electors, which applications shall show the date of registration and signature of elector, and such files shall be known as registration books. The files described herein may be recorded on microfilm or computer software for convenience and efficiency in storage. The files shall contain the scanned signatures of all registered voters.

SECTION 4. Section 23-15-114, Mississippi Code of 1972, is amended as follows:

23-15-114. (1) The adoption of an automated voter registration system shall be approved by the board of supervisors and the registrar of each county. The board of supervisors and the registrar may elect to use equipment owned by a local political subdivision, or contract with outside commercial data processing agencies, or purchase appropriate equipment, subject to the requirements of this subsection. Such system shall be operational in each county not later than July 1, 1998. After July 1, 1998, any county which does not have the automated voter registration system operational shall be fined One Thousand Dollars ($1,000.00).

(2) Each application for registration shall be the legal document of voter registration and shall be retained in the office of the county registrar. Such application may be placed on microfilm or computer optical imaging equipment.

SECTION 5. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 6. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.