MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Apportionment and Elections

By: Representatives Denny, Blackmon

AN ACT TO AMEND SECTIONS 23-15-625, 23-15-627, 23-15-631, 23-15-635, 23-15-719 AND 23-15-753, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT BEFORE AN ABSENTEE BALLOT APPLICATION MAY BE FURNISHED TO A VOTER, THE VOTER MUST MAKE AN ORAL OR WRITTEN REQUEST FOR SUCH APPLICATION; TO PROVIDE THAT NO PERSON, OTHER THAN THE PARENT, CHILD, SPOUSE, SIBLING OR LEGAL GUARDIAN OF A VOTER, MAY ORALLY REQUEST AN ABSENTEE BALLOT APPLICATION FOR SUCH VOTER; TO REQUIRE THE REGISTRAR OR DEPUTY REGISTRAR TO AFFIX THE SEAL OF THE CIRCUIT OR MUNICIPAL CLERK TO AND TO INITIAL ABSENTEE BALLOT APPLICATIONS FURNISHED TO THE VOTER; TO PROVIDE THAT ONLY APPLICATIONS BEARING SUCH SEAL AND INITIAL SHALL BE VALID; TO REQUIRE THAT ANY PERSON WHO PROVIDES THE REGISTRAR WITH A WRITTEN REQUEST FOR AN ABSENTEE BALLOT APPLICATION TO SIGN SUCH APPLICATION AND PROVIDE CERTAIN OTHER INFORMATION; TO PROVIDE THAT NO PERSON WHO IS A CANDIDATE FOR PUBLIC OFFICE MAY BE AN ATTESTING WITNESS FOR ANY ABSENTEE BALLOT UPON WHICH SUCH PERSON'S NAME APPEARS; TO AUTHORIZE ANY VOTER CASTING AN ABSENTEE BALLOT WHO DECLARES THAT HE REQUIRES ASSISTANCE TO VOTE BY REASON OF BLINDNESS, TEMPORARY OR PERMANENT PHYSICAL DISABILITY OR INABILITY TO READ OR WRITE, TO RECEIVE CERTAIN ASSISTANCE; TO PROHIBIT ANY PERSON FROM BASING PAY FOR ASSISTING VOTERS WHO VOTE BY ABSENTEE BALLOT ON THE NUMBER OF VOTERS ASSISTED; TO AUTHORIZE THE REGISTRAR TO WRITE CERTAIN INFORMATION THAT IS REQUIRED FOR AN ABSENTEE BALLOT APPLICATION ON A FORM PRESCRIBED BY THE SECRETARY OF STATE IF THE PERSON RECEIVING THE APPLICATION IS UNABLE TO WRITE THE INFORMATION HIMSELF; TO PROHIBIT THE REGISTRAR FROM HAND DELIVERING ABSENTEE BALLOTS TO VOTERS UNLESS THE BALLOTS ARE DELIVERED BY MAIL OR IN THE OFFICE OF THE REGISTRAR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-625, Mississippi Code of 1972, is amended as follows:

23-15-625. The registrar shall be responsible for printing applications for absentee voting as provided herein. At least sixty (60) days prior to any election in which absentee voting is provided for by law, the registrar shall order a sufficient number of applications to be printed; provided, however, that in the event a special election is called and set at a date which makes it impractical or impossible to print applications for absent elector's ballot sixty (60) days prior to such election, the registrar shall print such applications as soon as practicable after such election is called. The applications shall be printed with sequential numbers appearing on the application and the corresponding perforated stub. The registrar shall fill in the date of the particular election on the application for which the application will be used. Upon receipt of the applications for the election from the printer, the registrar shall file an affidavit with the election commission and a duplicate original of the affidavit in the registrar's office stating the number of applications which he received from the printer.

The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he serves. The registrar shall keep a permanent ledger for the purpose of showing the number of applications and the persons to whom the applications were given. Any person who presents to the registrar the 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, shall 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 mark after the form has been filled out by the registrar. If an elector picks up applications for another person, the elector shall indicate on the ledger the name or names of the persons for whom he is obtaining the applications.

The registrar in the county wherein a voter is qualified to vote upon receiving the envelope containing the absentee ballots shall keep an accurate list of all persons preparing such ballots, which list shall be kept in a conspicuous place accessible to the public near the entrance to his office. The registrar shall also furnish to each precinct manager a list of the names of all persons in each respective precinct voting absentee ballots 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 shall be kept by the registrar and deposited in the proper precinct ballot boxes before such boxes are delivered to the election commissioners or managers. 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 ballots are in the box.

The registrar shall also be authorized to mail one (1) application to any qualified elector of the county for use in a particular election.

SECTION 2. Section 23-15-627, Mississippi Code of 1972, is amended as follows:

23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. 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 may orally request an absentee ballot application on behalf of the elector. 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 deputy in order to be utilized 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 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 county of residence or more than fifty (50) miles away from his 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 which the polls will be open.

I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.

Send 'Absent Elector's Ballot' to me * * * at the following 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 ______, 19__.

_________________________________

(Signature of absent elector)

SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 19__.

_________________________________ (Official authorized to administer oaths for absentee balloting or witness in the case of an elector temporarily or permanently disabled.)

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 3. Section 23-15-631, Mississippi Code of 1972, is amended as follows:

23-15-631. (1) The registrar shall enclose with each ballot provided to an absent elector separate printed instructions furnished by him 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. Said absentee voter shall come to the office of the registrar and neither the registrar nor his 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 same 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" on back of the envelope so that the signature shall be across the flap of the envelope so as to insure the integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING WITNESS CERTIFICATE" on back of the envelope. Place necessary postage on the envelope and deposit it in the post office or some government receptacle provided for deposit of mail so that the absent elector's ballot, excepting presidential absentee ballots, will reach the registrar in which your precinct is located not later than 5:00 p.m. on the day preceding the date of the election, or by personally delivering such ballot to the registrar's office not later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, and the second day immediately preceding elections held on other days.

Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or any 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 signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If one or the other officers herein named acts as attesting witness, his signature on the elector's certificate, together with his 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.

(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 preaddressed envelope provided by the registrar.

(e) A person who is a candidate for public office may not be an attesting witness for any absentee ballot upon which the person's name appears.

(f) Any voter casting an absentee ballot who declares that he 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 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, or the voter's employer, or agent of that employer. 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.

SECTION 4. 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 person providing voter assistance on the back of the envelope used by voters who do not use the registrar of their county of residence as an attesting witness shall be as follows:

"ELECTOR'S CERTIFICATE

STATE OF __________

COUNTY OR PARISH 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 __________, 19___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers 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)

CERTIFICATE OF ATTESTING WITNESS

Personally appeared before me, on this the ___ day of __________, 19___, the above-named voter, known by me to be the person named, who after being duly sworn or having affirmed, subscribed the foregoing oath or affirmation. That said voter exhibited to me his blank ballot; that said ballot was not marked or voted before the said voter exhibited the ballot to me; * * * that the said voter was not solicited or advised by me to vote for any candidate, question or issue, and that the voter, after marking his 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 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)

(2) The envelope used pursuant to this section shall not contain the form prescribed pursuant to Section 23-15-719.

SECTION 5. Section 23-15-719, Mississippi Code of 1972, is amended as follows:

23-15-719. (1) Immediately upon completion of an application filed pursuant to the provisions of paragraph (a) of Section 23-15-715, the registrar shall deliver the necessary ballots to the applicant. The registrar shall only deliver the ballots to the applicant by mail or to the applicant in the registrar's office. The registrar shall not personally hand deliver ballots to voters, unless he delivers the ballots in the office of the registrar. The elector shall fill in his ballot in secret. After the applicant has properly marked the ballot and properly folded it, he shall deposit it in the envelope furnished him by the registrar.

After he has sealed the envelope, he shall subscribe and swear to an affidavit 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 __________, 19___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers 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 __________, 19___.

(Registrar) _______________________

(Registrar)"

After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.

(2) If the voter has received assistance in marking his 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)"

(3) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635.

SECTION 6. Section 23-15-753, Mississippi Code of 1972, is amended as follows:

23-15-753. (1) Any person who willfully, unlawfully and feloniously procures, seeks to procure, or seeks to influence the vote of any person voting by absentee ballot, by the payment of money, the promise of payment of money, or by the delivery of any other item of value or promise to give the voter any item of value, or by promising or giving the voter any favor or reward in an effort to influence his vote, or any person who aids, abets, assists, encourages, helps, or causes any person voting an absentee ballot to violate any provision of law pertaining to absentee voting, or any person who sells his vote for money, favor, or reward, has been paid or promised money, a reward, a favor or favors, or any other item of value, or any person who shall willfully swear falsely to any affidavit provided for in Sections 23-15-621 through 23-15-735, shall be guilty of the crime of "vote fraud" and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both * * * fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.

(2) It shall be unlawful for any person who pays or compensates another person for assisting voters in marking their absentee ballots to base the pay or compensation on the number of absentee voters assisted or the number of absentee ballots cast by persons who have received the assistance. Any person who violates this section, upon conviction shall, be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the Penitentiary not less than one (1) year nor more than five (5) years, or both.

SECTION 7. The Attorney General of the State of Mississippi is hereby directed to 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 8. 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.