MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Apportionment and Elections

By: Representative Reynolds

AN ACT TO PROVIDE FOR CONGRESSIONAL DISTRICT ELECTION INTEGRITY ASSURANCE COMMITTEES FOR EACH POLITICAL PARTY AND PRESCRIBE THEIR DUTIES REGARDING THE PERFORMANCE OF DUTIES THAT CERTAIN OFFICIALS FAIL TO PERFORM REGARDING ELECTIONS; TO AMEND SECTION 23-15-129, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 23-15-211, MISSISSIPPI CODE OF 1972, TO REQUIRE TRAINING FOR PARTY REPRESENTATIVES AND MUNICIPAL ELECTION COMMISSIONERS; TO AMEND SECTION 23-15-239, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ELECTION INSTRUCTIONS IF MANAGERS AND CLERKS HAVE NOT RECEIVED SUCH INSTRUCTIONS; TO AMEND SECTION 23-15-265, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF MANAGERS AND CLERKS; TO AMEND SECTION 23-15-267, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DISTRIBUTION OF BALLOT BOXES; TO AMEND SECTION 23-15-295, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTIONS 23-15-331, 23-15-333 AND 23-15-335, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 23-15-597, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ANNOUNCING OF RETURNS AND CERTIFICATION OF ELECTIONS; TO PROVIDE THAT PERSONS WHO FAIL TO PERFORM DUTIES SHALL NOT BE PAID; TO PROVIDE A CIVIL PENALTY FOR FAILURE OF AN EXECUTIVE COMMITTEE TO PERFORM ELECTION DUTIES; TO REQUIRE COUNTY EXECUTIVE COMMITTEES TO PROVIDE A LIST OF MANAGERS TO CIRCUIT CLERKS; TO REQUIRE THE SECRETARY OF STATE TO PUBLISH A BOOKLET ON THE CONDUCT OF ELECTIONS; TO CLARIFY THE RESPONSIBILITIES AND LIABILITY OF CIRCUIT CLERKS; AND FOR RELATED PURPOSES.

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

SECTION 1. Each registered political party authorized to conduct a political party primary election shall appoint from its state party executive committee three (3) members from each of the state's congressional districts who shall constitute the party's election integrity assurance committee within that congressional district. A chairman and a secretary shall be named for each congressional district election integrity assurance committee. The responsibility of each congressional district election integrity assurance committee shall be to ensure that party primaries within each county and voting precinct constituting that congressional district are conducted in accordance with state law. If any county executive committee shall fail to perform any of the duties and responsibilities required of it by House Bill No. 1306, 2000 Regular Session, the congressional district election integrity assurance committee shall oversee and direct the county executive committee to perform such duties, and where necessary, the congressional district election integrity assurance committee shall itself perform such duties and responsibilities, or direct suitable members of the party to perform those functions. The state political party executive committees shall provide on an annual basis to the circuit clerks of the respective counties and portions of counties constituting each respective congressional district the names, addresses and home and work telephone numbers of the congressional district election integrity assurance committee members. In any situation where House Bill No. 1306, 2000 Regular Session, shall require the circuit clerk to contact, notify or advise a member of a congressional district election integrity assurance committee, it shall be sufficient that the clerk contract, notify or advise either a member of the committee or to contact the state party headquarters who shall be required to contact the committee members and advise them of their responsibilities under this act.

SECTION 2. Section 23-15-129, Mississippi Code of 1972, is amended as follows:

23-15-129. The commissioners of election and the registrars of the respective counties are hereby directed to make an administrative division of the pollbook for each county immediately following any reapportionment of the Mississippi Legislature or any realignment of supervisors districts, if necessary. Such an administrative division shall form subprecincts whenever necessary within each voting precinct so that all persons within a subprecinct shall vote on the same candidates for each public office. Separate pollbooks for each subprecinct shall be made. The polling place for all subprecincts within any given voting precinct shall be the same as the polling place for the voting precinct. Additional managers may be appointed for subprecincts in the discretion of the commissioners of election or * * * the proper executive committee, as appropriate.

SECTION 3. Section 23-15-211, Mississippi Code of 1972, is amended as follows:

23-15-211. (1) There shall be a State Board of Election Commissioners to consist of the Governor, the Secretary of State and the Attorney General, any two (2) of whom may perform the duties required of the board; a board of election commissioners in each county to consist of five (5) persons who are electors in the county in which they are to act; and a registrar in each county who shall be the clerk of the circuit court, unless he shall be shown to be an improper person to register the names of the electors therein.

(2) The board of supervisors of each county shall pay members of the county election commissioners for attending training events a per diem in the amount provided in Section 23-15-153; however, such per diem shall not be paid to an election commissioner for more than six (6) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.

(3) Included in this six (6) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and at least one representative of each political party executive committee from each county board of supervisors district shall be required to attend.

(4) Each participant shall receive a certificate from the Secretary of State indicating that the named participant has received the elections training seminar instruction and that each participant is fully qualified to conduct an election.

(5) Municipal election commissioners shall be required to obtain training on the conduct of elections from the Secretary of State. The commissioners must present a certificate of completion of such training at least thirty (30) days before an election to the city clerk who shall inform the governing authorities of any commissioners who have not been certified.

SECTION 4. Section 23-15-239, Mississippi Code of 1972, is amended as follows:

23-15-239. (1) The proper executive committee in the case of a primary election, or proper election commission in the case of all other elections, of each county, in conjunction with the circuit clerk, shall sponsor and conduct, not less than five (5) days prior to each election, training sessions to instruct managers as to their duties in the proper administration of the election and the operation of the polling place. No manager shall serve in any election unless he has received such instructions once during the twelve (12) months immediately preceding the date upon which such election is held; provided, however, that nothing in this section shall prevent the appointment of an alternate manager to fill a vacancy in case of an emergency. The appropriate executive committee or election commission shall train a sufficient number of alternates to serve in the event a manager is unable to serve for any reason.

(2) If by four (4) days prior to any primary election the managers and clerks have not received the instruction on elections administration and operation of the polling place, the county voter registrar shall advise the congressional district election integrity assurance committee, who shall provide such instruction.

SECTION 5. Section 23-15-265, Mississippi Code of 1972, is amended as follows:

23-15-265. The county executive committee of each county shall meet not less than two (2) weeks before the date of any primary election and appoint the managers and clerks for same, all of whom may be members of the same political party. The number of managers and clerks appointed by the county executive committee shall be the same number as commissioners of election are allowed to appoint pursuant to Sections 23-15-231 and 23-15-235. If the county executive committee fails to meet on the date named, supra, further notice shall be given of the time and place of meeting. If the county executive committee shall fail to meet and to appoint the managers and clerks of the election by two (2) weeks prior to the date of the primary election, the county voter registrar shall advise the chairman of the congressional district election integrity assurance committee to call a meeting of the county executive committee for the purpose of making such appointments. If the county executive committee shall fail to submit a list of its appointments of managers and clerks of the election to the county voter registrar by one (1) week prior to the date of the primary election, the congressional district election integrity assurance committee shall make such appointments.

SECTION 6. Section 23-15-267, Mississippi Code of 1972, is

amended as follows:

23-15-267. The ballot boxes provided by the regular commissioners of election in each county shall be used in primary elections, and the county executive committees shall distribute them to the voting precincts of the county before the time for opening the polls, in the same manner, as near as may be, as that provided for in general elections. If the executive committee shall fail to distribute the ballot boxes to the precincts by 5:00 p.m. on the day prior to a primary election, then the county voter registrar shall advise the circuit clerk, and the circuit clerk shall be responsible for distributing the ballot boxes. If an adjournment shall take place after the polls are open and before all votes are counted, the ballot box shall be securely locked so as to prevent the admission into it or the taking of anything from it during the time of adjournment; and the box shall be kept by one of the managers, and the key by another of the managers, and the manager having the box shall carefully keep it, and neither undertake to open it himself or permit it to be done, or to permit any person to have access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are open until the count is completed if as many as three (3) electors qualified to vote at the election object. After each election, the ballot boxes of those provided by the regular commissioner of election shall be delivered, with the keys thereof immediately and as soon thereafter as possible, and without delay to the clerk of the circuit court of the county. The person, or persons, whose duty it is to comply with the provisions of this section and who shall fail, or neglect, from any cause, to deliver said boxes or any of them as herein provided shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and be imprisoned in the county jail of the residence of the person, or persons, who violates any of the provisions of this section, for a period of not less than thirty (30) days or more than six (6) months, and fined not more than Five Hundred Dollars ($500.00).

SECTION 7. Section 23-15-295, Mississippi Code of 1972, is amended as follows:

23-15-295. When any person has qualified in the manner provided by law as a candidate for party nomination in any primary election, such person shall have the right to withdraw his name as a candidate by giving notice of his withdrawal in writing to the secretary of the proper executive committee at any time prior to the printing of the official ballots, and in the event of such withdrawal the name of such candidate shall not be printed on the ballot. When a candidate for party nomination for a state or district office who has qualified with the state executive committee withdraws as a candidate as provided for in this section after the sample of the official ballot has been approved and certified by the State Executive Committee, the Secretary or Chairman of the State Executive Committee shall forthwith notify the county executive committee or congressional district election integrity assurance committee of each county affected or involved of the fact of such withdrawal and such notification shall authorize said county executive committees or congressional district election integrity assurance committee to omit the name of the withdrawn candidate from the ballot if such notification is received prior to the printing of the ballot. In the case of the withdrawal of any candidate, the fee paid by such candidate shall be retained by the state or county executive committee, as the case may be.

SECTION 8. Section 23-15-331, Mississippi Code of 1972, is amended as follows:

23-15-331. It shall be the duty of the state executive committee of each political party to furnish to each county executive committee or the congressional district election integrity assurance committee, as appropriate, not less than fifty (50) days prior to the election, the names of all state and state district candidates and all candidates for legislative districts composed of more than one county or parts of more than one county who have qualified as provided by law, and in accordance with the requirements of Section 23-15-333 a sample of the official ballot to be used in the primary, the general form of which shall be followed as nearly as practicable.

SECTION 9. Section 23-15-333, Mississippi Code of 1972, is amended as follows:

23-15-333. (1) The county executive committee shall have printed all necessary ballots, for use in primary elections. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. The order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed.

(2) If the county executive committee shall fail to meet and to have printed absentee ballots for forty-five (45) days prior to the date of the primary election, the county voter registrar shall advise the chairman of the congressional district election integrity assurance committee to call a meeting of the county executive committee for the purpose of having absentee ballots printed. If the county executive committee shall fail to have absentee ballots printed by forty (40) days prior to the date of the primary election, the congressional district election integrity assurance committee shall have the absentee ballots printed.

(3) If the county executive committee shall fail to meet and to have printed election day ballots four (4) weeks prior to the primary election the county voter registrar shall advise the chairman of the congressional district election integrity assurance committee to call a meeting of the county executive committee for the purpose of having election day ballots printed. If the county executive committee shall fail to have absentee ballots printed by three (3) weeks prior to the date of the primary election, the congressional district election integrity assurance committee shall have the election day ballots printed.

(4) The county executive committee shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall be printed in large, clear type on "Cards of Instruction," and the county executive committee shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the county executive committee and they may be used, if applicable, in subsequent elections.

SECTION 10. Section 23-15-335, Mississippi Code of 1972, is amended as follows:

23-15-335. The county executive committee shall designate a person whose duty it shall be to distribute all necessary ballots for use in a primary election, and shall designate one (1) among the managers at each polling place to receive and receipt for the blank ballots to be used at that place. When the blank ballots are delivered to a local manager, the distributor shall take from the local manager a receipt therefor signed in duplicate by both the distributor and the manager, one of which receipts the distributor shall deliver to the circuit clerk and the other shall be retained by the local manager and said last mentioned duplicate receipt shall be inclosed in the ballot box with the voted ballots when the polls have been closed and the votes have been counted. The printer of the ballots shall take a receipt from the distributor of the ballots for the total number of the blank ballots delivered to the distributor. The printer shall secure all ballots printed by him in such a safe manner that no person can procure them or any of them, and he shall deliver no blank ballot or ballots to any person except the distributor above mentioned, and then only upon his receipt therefor as above specified. The distributor of the blank ballots shall so securely hold the same that no person can obtain any of them, and he shall not deliver any of them to any person other than to the authorized local managers and upon their respective receipts therefor. The executive committee shall see to it that the total blank ballots delivered to the distributor, shall correspond with the total of the receipts executed by the local managers. Any person charged with any of the duties prescribed in this section who shall willfully or with culpable carelessness violate the same shall be guilty of a misdemeanor. If the county executive committee shall fail to perform any duty required by this section, then the circuit clerk shall perform the duty.

SECTION 11. Section 23-15-597, Mississippi Code of 1972, is amended as follows:

23-15-597. (1) The county executive committee shall meet on the first or second day after each primary election, shall receive and canvass the returns which must be made within the time fixed by law for returns of general elections and declare the result, and announce the name of the nominees for county and county district offices and legislative offices for districts containing one (1) county or less, and the names of those candidates to be submitted to the second primary. If the county executive committee shall fail to meet and announce the results of the election by three (3) days after the date of the primary election, the county voter registrar shall advise the chairman of the congressional district election integrity assurance committee to call a meeting of the county executive committee for the purpose of declaring the results and announcing the names of nominees. If the county executive committee shall fail to declare the results and announce the names of nominees by the seventh day after the date of the primary election, the congressional district election integrity assurance committee shall declare the results and announce the names of nominees.

(2) The vote for state and state district offices and legislative offices for districts containing more than one (1) county or parts of more than one (1) county shall be tabulated by precincts and certified to and returned to the State Executive Committee, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six (36) hours after the returns are canvassed and the result ascertained. If the county executive committee shall fail to tabulate and certify the returns and transmit to the State Executive Committee the results of the election for such offices by three (3) days after the date of the primary election, the county voter registrar shall then advise the chairman of the congressional district election integrity assurance committee to call a meeting of the county executive committee for the purpose of tabulating, certifying and transmitting the results of the election to the State Executive Committee. If the county executive committee shall fail to tabulate, certify and transmit the returns to the State Executive Committee by five (5) days after the date of the primary election, the congressional district election integrity assurance committee shall tabulate the results and transmit them to the State Executive Committee.

(3) The State Executive Committee shall meet a week from the day following the first primary election held for state and state district offices and legislative offices for districts containing more than one (1) county or parts of more than one (1) county, and shall proceed to canvass the returns and to declare the result, and announce the names of those nominated for the different offices in the first primary and the names of those candidates whose names are to be submitted to the second primary election. The State Executive Committee shall also meet a week from the day on which the second primary election was held and receive and canvass the returns for state and district offices, if any, and legislative offices for districts containing more than one (1) county or parts of more than one (1) county, if any, voted on in such second primary. An exact and full duplicate of all tabulations by precincts as certified under this section shall be filed with the circuit clerk of the county who shall safely preserve the same in his office.

SECTION 12. (1) Any person who has duties regarding the conduct of elections and who fails to perform such duties shall not be paid for the amount of time such person does not perform such duties. Any reduction of pay shall be on a pro rata basis if such person does not work for a full day or shall be for the whole day if such person does not appear for an entire day.

(2) If any executive committee fails to perform any duties in conducting an election, such executive committee may be assessed a civil penalty of up to Two Hundred Fifty Dollars ($250.00) in the circuit court in the county where the violation occurred. Each member of an executive committee shall sign a certificate stating that they understand their duties regarding conducting elections and that failure to perform such duties may result in the assessment of a civil penalty of up to Two Hundred Fifty Dollars ($250.00).

SECTION 13. Within ten (10) days of a primary election, the county executive committees shall provide a list of managers to the circuit clerks.

SECTION 14. The Secretary of State shall publish a booklet which has a step-by-step outline of how to conduct a primary election and shall make such booklet available to party executive committees.

SECTION 15. All counties using lever machines for voting shall have paper ballots and boxes for use in the event such lever machines are not in proper working order.

SECTION 16. Any person, executive committee or election commission with duties regarding conducting elections shall certify to the circuit clerk that such duties have been successfully fulfilled upon the completion of such duties. Such certification shall be upon a certificate presented to the circuit clerk and the presenting party shall retain a copy. If the circuit clerk does not receive such certificate and is required to perform any election task as the result of any party's failure to do so, then the circuit clerk shall incur no liability for performing such duties.

SECTION 17. 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 18. 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.