House Bill NO. 914

By Senator(s) Committee

SECTION 1. (1) The application for absentee ballot of a person sixty-five (65) years of age or older shall entitle such person to automatically receive an absentee ballot for all elections on a continuing basis without the necessity for reapplication until such time as the elector declines in writing the automatic receipt of the ballot or is no longer a qualified elector.

(2) The registrar of each county shall keep an accurate list of the names and addresses of all persons whose application indicate they are sixty-five (65) years of age or older. Sixty (60) days prior to each election, the registrar shall deliver such list to the commissioners of election who shall examine the list and delete from it the names of all persons listed who are no longer qualified electors of the county. Upon completion of such examination, the commissioners of election shall return the list to the registrar by no later than forty-five (45) days prior to the election.

(3) The registrar shall send a ballot to all persons on the list who are determined by the commissioners of election to be qualified electors pursuant to subsection (3) of this section by no later than forty (40) days prior to the election.

SECTION 2. Section 23-15-625, Mississippi Code of 1972, is amended as follows:

23-15-625. (1) 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 * * *. 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.

(2) 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. If an elector picks up applications for another person, the elector shall print his name and address in the ledger, sign the ledger and indicate on the ledger the name or names and address or addresses of the persons for whom he is obtaining the applications. A registrar or deputy registrar who knowingly and willfully disburses applications pursuant to this subsection without obtaining the information required by this subsection to be entered into the ledger shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than six (6) months or a fine of not more than Twenty Thousand Dollars ($20,000.00).

(3) 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.

(4) The registrar shall * * * be authorized to mail one (1) application to any qualified elector of the county for use in a particular election, in no event shall the registrar mail a ballot in the same envelope with an application.

SECTION 3. Section 23-15-627, Mississippi Code of 1972, is amended as follows:

23-15-627. (1) The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive 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 contains the seal and the initials of the registrar. Such application shall be substantially in the following form:

"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT

Sequential Application Number ____

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 * * * 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 at 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 ____________, City ________, State ________, Zip Code ________.

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.)"

SECTION 4. Section 23-15-631, Mississippi Code of 1972, is amended as follows:

23-15-631. (1) The registrar shall enclose with each ballot sent 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) * * * The application * * * shall not be returned in the same envelope as the ballot but shall be returned in a separate pre-addressed envelope provided by the registrar.

(e) Any voter casting an absentee ballot who is blind or unable to read or write, or who is temporarily or permanently disabled, shall be entitled to receive assistance in the marking of his absentee ballot. The voter may be given assistance by anyone of the voter's choice other than the voter's employer, or agent of that employer, or officer or agent of the voter's union, or any candidate whose name appears on the ballot. Any person who provides assistance to an absentee voter shall print his name and address and sign his name in the appropriate places 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 5. Section 23-15-635, Mississippi Code of 1972, is amended as follows:

23-15-635. (1) The form of the elector's certificate and attesting witness certification 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 __________

 * * * 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 declare 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 * * * signed the foregoing certificate. 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 said voter then retired out of my presence, but within my sight, and voted his ballot so that I could not see how he voted; that no one was present with said voter as he marked his ballot; 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 * * * the above certificate.

_________________________ _________________________

(Attesting witness) (Address)

_________________________ _________________________

(Official title) (City and State)

The following must be completed only if the voter has received assistance in marking the enclosed ballot:

______________________________________________

Signature of person providing assistance

______________________________________________

Printed name of person providing assistance

______________________________________________

Address of person providing assistance

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

SECTION 6. 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 he be one who falls within the following categories:

(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high or elementary grade school whose studies or employment at such institution necessitates his absence from the county of his voting residence on the date of any primary, general or special election, or the spouse and dependents of said student, teacher or administrator is such spouse or dependent(s) maintain a common domicile, outside of the county of his voting residence, with such student, teacher or administrator.

(b) Any qualified elector who is required to be away from his place of residence on any election day due to his 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.

(c) Any qualified elector who is away from his county of residence on election day.

(d) Any person who has a temporary or permanent * * * disability.

(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his county of residence or more than fifty (50) miles' distant from his residence, if the parent, spouse or dependent will be with such person on election day.

(f) Any person who is sixty-five (65) years of age or older.

(g) 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.

(h) Any qualified elector who will be unable to vote in person because he is required to be at work on election day during the times at which the polls will be open.

SECTION 7. Section 23-15-715, Mississippi Code of 1972, is amended as follows:

23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:

(a) Not more than forty-five (45) days nor 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, he shall appear in person before the registrar of the county in which he resides, or for municipal elections he shall appear in person before the city clerk of the municipality in which he resides and, when the elector so appears, he shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot, except that if the ballot has not been printed by forty-five (45) days preceding the election, the elector may appear and file an application anytime before the election. Then the absentee ballot shall be mailed by the circuit clerk to the elector as soon as the ballot has been printed.

(b) Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence and such parent, spouse or dependent will be with such person on election day, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence, and such parent, spouse or dependent will be with such person on election day, may obtain absentee ballots by mail under the provisions of this subsection and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be * * * subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent * * * disability shall not be 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 mail 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. The only method of delivery of absentee voter ballots pursuant to this paragraph shall be by mail.

SECTION 8. 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 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 * * *

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, __________, declare 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___ * * *.

I declare that I marked the enclosed ballot * * *.

____________________

(Signature of voter)

 * * * SUBSCRIBED before me, __________, this the ___ day of __________, 19___.

(Registrar) ____________________

(Registrar)"

The following must be completed only if the voter has received assistance in marking the enclosed ballot:

______________________________________________

Signature of person providing assistance

______________________________________________

Printed name of person providing assistance

______________________________________________

Address of person providing assistance

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

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

SECTION 9. 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) A registrar who knowingly and willfully fails to follow the procedures required by this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than six (6) months or a fine of not more than Twenty Thousand Dollars ($20,000.00).

SECTION 10. 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 11. This act shall take effect and be in force from and after January 1, 2000, if it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.

AN ACT TO PROVIDE THAT THE ABSENTEE BALLOT APPLICATION OF A PERSON 65 YEARS OF AGE OR OLDER SHALL ENTITLE SUCH PERSON TO AUTOMATICALLY RECEIVE AN ABSENTEE BALLOT FOR ALL ELECTIONS WITHOUT THE NECESSITY FOR REAPPLICATION; TO PROVIDE THAT THE REGISTRAR OF EACH COUNTY SHALL KEEP AN ACCURATE LIST OF THE NAMES AND ADDRESSES OF ALL SUCH PERSONS AND SHALL DELIVER SUCH LIST TO THE COMMISSIONERS OF ELECTION 60 DAYS PRIOR TO SUCH ELECTION WHO SHALL EXAMINE THE LIST AND DELETE FROM IT THE NAMES OF ALL PERSONS LISTED WHO ARE NO LONGER QUALIFIED ELECTORS OF THE COUNTY; TO PROVIDE THAT THE REGISTRAR SHALL SEND A BALLOT TO ALL PERSONS ON THE LIST WHO ARE DETERMINED BY THE COMMISSIONERS OF ELECTION TO BE QUALIFIED ELECTORS BY NO LATER THAN 40 DAYS PRIOR TO THE ELECTION; TO AMEND SECTION 23-15-625, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A REGISTRAR WHO FAILS TO ACCURATELY KEEP A PERMANENT LEDGER SHOWING THE NUMBER OF ABSENTEE BALLOT APPLICATIONS AND THE PERSONS TO WHOM THE APPLICATIONS ARE GIVEN SHALL BE GUILTY OF A MISDEMEANOR; TO PROVIDE THAT IN NO EVENT SHALL THE REGISTRAR MAIL A BALLOT IN THE SAME ENVELOPE WITH AN APPLICATION; TO AMEND SECTION 23-15-627, TO REQUIRE THAT 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 CONTAINS THE SEAL AND THE INITIALS OF THE REGISTRAR; TO REQUIRE APPLICATIONS FOR AN ABSENTEE BALLOT CONTAIN A SEQUENTIAL APPLICATION NUMBER; TO AMEND SECTION 23-15-631, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PERSONS CASTING AN ABSENTEE BALLOT WHO ARE BLIND, UNABLE TO READ OR WRITE OR PHYSICALLY DISABLED TO RECEIVE CERTAIN ASSISTANCE IN CASTING THEIR BALLOT; TO AMEND SECTION 23-15-635, MISSISSIPPI CODE OF 1972, TO REVISE THE FORM PRINTED ON THE BACK OF THE ABSENTEE BALLOT; TO AMEND SECTION 23-15-713, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PERSONS WITH ANY DISABILITY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 23-15-715, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE REGISTRAR MAY ONLY SEND BALLOTS BY MAIL TO PERSONS WHO ARE AUTHORIZED TO VOTE BY MAIL; TO AMEND SECTION 23-15-719, MISSISSIPPI CODE OF 1972, TO REVISE THE FORM PRINTED ON THE BACK OF THE ENVELOPE CONTAINING THE ABSENTEE BALLOT; TO AMEND SECTION 23-15-753, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT REGISTRARS WHO FAIL TO FOLLOW THE STATUTORY PROCEDURES REGARDING ABSENTEE BALLOTS SHALL BE GUILTY OF A MISDEMEANOR; AND FOR RELATED PURPOSES.