MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Apportionment and Elections

By: Representative Moak

AN ACT TO AMEND SECTION 23-15-637 AND 23-15-639, MISSISSIPPI CODE OF 1972, TO REVISE THE METHOD OF MAILING, RECEIVING, EXAMINING AND COUNTING ABSENTEE BALLOTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-637, Mississippi Code of 1972, is amended as follows:

23-15-637. Absentee ballots received by mail, excluding presidential ballots as provided for in Sections 23-15-731 and 23-15-733, must be received by the registrar by 5:00 p.m. on the date preceding the election; any received after that time shall be handled as provided in Section 23-15-647 and shall not be counted. All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast 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. The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.

All absentee ballots received by the registrar shall be held by the registrar. The absentee ballots held by the registrar and a list of all absentee ballots mailed out shall be delivered to the commissioners of election as provided in Section 23-15-639.

SECTION 2. Section 23-15-639, Mississippi Code of 1972, is amended as follows:

23-15-639. (1) In cases of the examination and counting of absentee ballots cast in primary elections, five (5) members of the appropriate political party county executive committee shall be selected in accordance with procedures established by the party's state executive committee and shall be designated to perform the functions outlined in this subsection with regard to the examination and counting of ballots. The commissioners of election shall assist the designated executive committee members, upon the request of those members.

(a) In counties with a population in excess of seventy-five thousand (75,000) according to the latest decennial census, all absentee ballots received by the registrar shall be held by the registrar. These absentee ballots and a list of all absentee ballots mailed out shall be delivered to the commissioners of election or designated executive members by the registrar at 9:00 a.m. on the Wednesday immediately preceding elections held on Tuesday, the Monday immediately preceding elections held on Saturday, or the seventh day preceding elections held on other days. The commissioners of election or designated executive members shall then publicly meet for as long as necessary to examine the envelopes and their contents, make the determinations and perform the duties that are required by subsection (2) of this section.

(b) In all other counties, at 9:00 a.m. on the Friday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding elections held on other days, all absentee ballots received by the registrar shall be held by the registrar. These absentee ballots and a list of all absentee ballots mailed out shall be delivered to the commissioners of election or designated executive committee members by the registrar. If the commissioners of election or designated executive committee members have met pursuant to paragraph (a) of this subsection, the registrar shall deliver the envelopes containing the absentee ballots that he has received since the meeting to the commissioners or committee members. The commissioners of election or designated executive committee members shall then publicly meet for as long as necessary to examine the envelopes and their contents, make the determinations and perform the duties that are required by subsection (2) of this section.

(c) On the day before the election the registrar shall deliver to the commissioners of election or designated executive committee members all the envelopes containing the absentee ballots that he has received since the meeting provided for in paragraph (b) of this section as soon as possible after he receives them. The commissioners of election or designated executive committee members shall publicly meet on the day preceding the election for as long as may be necessary to examine the envelopes and their contents, make the determinations and perform the duties that are required by subsection (2) of this section.

(2) * * * The envelopes containing the absentee ballots of the electors shall be taken from the box, and the name, address and precinct inscribed on each * * * envelope shall be announced by the commissioners of election or designated executive committee. 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 commissioners of election or designated executive committee find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the envelope shall then be placed in the proper ballot box by the commissioners of election or designated executive members. As provided in Section 23-15-641, if the signature does not correspond and the affidavit, if one is required, is not sufficient and the commissioners of election or designated executive members find that the applicant is not a registered voter or is not otherwise qualified to vote, the envelope shall be marked "REJECTED" and placed on file in the office of the registrar as provided in Section 23-15-645. The election commissioners or designated executive members shall write on the absentee voter list of the voter's precinct the reason for rejection.

(3) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall take the envelopes containing the absentee ballots of the electors from the box, and the name, address and precinct inscribed on each absentee ballot envelope shall be announced by the election managers. If the voter has not appeared in person and voted at the election, the absentee ballot envelope shall be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined. The election managers shall deposit the ballot in the ballot box with the other ballots before counting any ballots, shall write the voter's name in the receipt book or booklet provided for that purpose and shall mark "VOTED" in the pollbook as if he had been present and had voted in person. If voting machines are used, all absentee ballots shall be placed in the ballot box before any ballots are counted, and the election managers in each precinct shall immediately count the absentee ballots and add them to the votes cast in the voting machine or other device.

SECTION 3. 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 for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 4. 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.