MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Apportionment and Elections

By: Representatives Reynolds, Dedeaux, Eaton, Espy, Evans, Hudson, Jennings, Markham, Moak, Peranich, Ryals, Smith (59th), Stringer, Warren

AN ACT TO AMEND SECTIONS 23-15-673, 23-15-677, 23-15-685, 23-15-687, 23-15-695 AND 23-15-699, MISSISSIPPI CODE OF 1972, TO INCLUDE WITHIN THE DEFINITION OF THE TERM "ABSENT VOTER" UNDER THE ARMED FORCES ABSENTEE BALLOT LAW, CITIZENS OF MISSISSIPPI WHO ARE ENROLLED AT A UNITED STATES MILITARY ACADEMY; TO PROVIDE THAT ABSENT VOTERS MAY USE A DULY EXECUTED FEDERAL POSTCARD APPLICATION TO REQUEST A BALLOT OR TO REGISTER TO VOTE OR TO DO BOTH SIMULTANEOUSLY UNDER THE ARMED FORCES ABSENTEE BALLOT LAW; TO PROVIDE THAT A REQUEST FOR AN ARMED FORCES ABSENTEE BALLOT SHALL SERVE AS A REQUEST FOR AN ABSENTEE BALLOT FOR EACH ELECTION HELD WITHIN THE CALENDAR YEAR FOR WHICH THE VOTER IS ELIGIBLE TO VOTE; TO ALLOW NONCOMMISSIONED OFFICERS AND PETTY OFFICERS TO ADMINISTER AND ATTEST OATHS UNDER THE ARMED FORCES ABSENTEE BALLOT LAW; TO AUTHORIZE THE USE OF ELECTRONIC FACSIMILE DEVICES TO TRANSMIT ABSENTEE BALLOTS, TO RECEIVE VOTED ABSENTEE BALLOTS AND TO RECEIVE COMPLETED FEDERAL POSTCARD APPLICATIONS UNDER THE ARMED FORCES ABSENTEE BALLOT LAW; TO PROVIDE THAT ABSENTEE VOTERS WHO RESIDE OUTSIDE THE UNITED STATES, WHO ARE MEMBERS OF THE UNITED STATES ARMED FORCES OR WHO ARE FAMILY MEMBERS OF A MEMBER OF THE UNITED STATES ARMED FORCES, AND WHO ARE REGISTERED VOTERS IN THE STATE OF MISSISSIPPI, MAY USE THE FEDERAL WRITE-IN-ABSENTEE BALLOT UNDER CERTAIN CIRCUMSTANCES; TO REPEAL SECTION 23-15-689, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE MANNER IN WHICH PERSONS ARE REGISTERED TO VOTE UNDER THE ARMED SERVICES ABSENTEE VOTERS LAW; TO GRANT THE SECRETARY OF STATE EMERGENCY POWERS IN THE CONDUCT OF ELECTIONS DURING MILITARY CONTINGENCIES OR ARMED CONFLICT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-673, Mississippi Code of 1972, is amended as follows:

23-15-673. (1) For the purposes of this subarticle, the term "absent voter" shall mean and include the following:

(a) Any enlisted or commissioned members, male or female, of the United States Army, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Navy, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Air Force, or any of its respective components or various divisions thereof; any enlisted or commissioned members, male or female, of the United States Marines, or any of its respective components or various divisions thereof; or any persons in any division of the armed services of the United States, who are citizens of Mississippi;

(b) Any member of the Merchant Marine and the American Red Cross who is a citizen of Mississippi;

(c) Any disabled war veteran who is a patient in any hospital and who is a citizen of Mississippi;

(d) Any 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 who is a citizen of Mississippi;

(e) Any citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia;

(f) Any citizen of Mississippi enrolled as a student at a United States Military Academy.

(2) The spouse and dependents of any absent voter as set out in paragraphs (a), (b), (c) and (d) of subsection (1) of this section shall also be included in the meaning of absent voter and may vote an absentee ballot as provided in this subarticle if also absent from the county of their residence on the date of the election and otherwise qualified to vote in Mississippi.

(3) For the purpose of this subarticle, the term "election" shall mean and include the following sets of elections: special and runoff special elections, preferential and general elections, first and second primary elections or general elections without preferential elections, whichever system is applicable.

SECTION 2. Section 23-15-677, Mississippi Code of 1972, is amended as follows:

23-15-677. All absent voters as defined in Section 23-15-673(1) and (2) may use a duly executed federal postcard application (as provided for in the Uniformed and Overseas Citizens Absentee Voting Act, 42 USCS 1973 ff et seq.) to request a ballot or to register to vote, or to do both simultaneously.

SECTION 3. Section 23-15-685, Mississippi Code of 1972, is amended as follows:

23-15-685. Within forty-five (45) days next prior to any election upon application first made to the registrar of the county by any absent voter as defined in this subarticle, such person shall be sent an absentee voter ballot * * * of the county of which he is a citizen and resident. The registrar shall send to such absent voter a proper absentee voter ballot containing the names of all candidates who qualify or the proposition to be voted upon in such elections, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.

SECTION 4. Section 23-15-687, Mississippi Code of 1972, is amended as follows:

23-15-687. The registrar shall keep all applications for absentee ballots and shall, within twenty-four (24) hours, if possible, send to such absent voter on whose behalf the application is made the proper affidavit and the proper ballot or ballots applicable to the elections. One (1) application shall serve as a request for an absentee ballot for each election held within the calendar year for which the voter is eligible to vote. The registrar shall preserve all applications for absentee voter ballots for one (1) year as a record to be furnished to any court or constituted authority for inspection or evidence if properly called for.

SECTION 5. Section 23-15-695, Mississippi Code of 1972, is amended as follows:

23-15-695. Those persons authorized to administer and attest oaths shall be:

(a) Any commissioned officer or noncommissioned officer (NCO) or petty officer in the active service of the Armed Forces;

(b) Any member of the Merchant Marine of the United States designated for this purpose by the Secretary of Commerce;

(c) The head of any department or agency of the United States;

(d) Any civilian official empowered by state or federal law to administer oaths; or

(e) Any civilian employee designated by the head of any department or agency of the United States.

SECTION 6. Section 23-15-699, Mississippi Code of 1972, is amended as follows:

23-15-699. The registrar shall be authorized to use electronic facsimile (FAX) devices to transmit absentee ballots * * * and receive voted absentee ballots, and to receive completed federal postcard applications as described in Section 23-15-677, which shall serve to request absentee ballots or to register to vote or to do both simultaneously.

SECTION 7. An absent voter who resides outside the United States, who is a member of the United States Armed Forces or who is a family member of a member of the Armed Forces, and who is a registered voter of the State of Mississippi, may use the Federal Write-In-Absentee Ballot as provided for by 42 USCS 1973 ff-2 in general, special, primary and run-off elections for local, state and federal offices.

SECTION 8. Section 23-15-689, Mississippi Code of 1972, which provides the manner in which persons are registered to vote under the Armed Services Absentee Voters Law, is repealed.

SECTION 9. The Secretary of State may exercise emergency powers concerning absentee voting and registration of military personnel over any election during an armed conflict or other military contingencies involving United States Armed Forces or mobilization of those forces, including state national guard or reserve components. The Secretary of State shall adopt rules describing the emergency powers and the situations in which the powers will be exercised.

SECTION 10. 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 11. 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.