HB1178_H_Amend

AMEND by inserting after Line 28 the following language:

"SECTION 2. The Secretary of State shall establish, by rule and regulation and before January 1, 2006, an administrative complaint procedure for handling grievances in accordance with Section 402 of the Help America Vote Act of 2002.

Due to the need to comply with Section 402 of the Help America Vote Act of 2002, the rules and regulations adopted by the Secretary of State by January 1, 2006, shall only be changed by laws adopted by the Legislature of the State of Mississippi.

SECTION 3. The Secretary of State and the Commissioner of Public Safety shall enter into an agreement to match information required under Section 303(b)(3)(B)(ii) of the Help America Vote Act of 2002, and an agreement to match information in the database of the statewide voter registration system created under state law with information in the database of the Department of Public Safety to the extent required to enable the Secretary of State and local election officials to verify the accuracy of information provided on applications for voter registration. Implementation of the agreement to match information required by this Section 303(b)(3)(B)(ii) of the Help America Vote Act of 2002 shall be accomplished not later than January 1, 2004.

SECTION 4. The Commissioner of Public Safety shall enter into an agreement with the Commissioner of Social Security under Section 205(r)(8) of the Social Security Act (as amended by the Help America Vote Act of 2002) in accordance with Section 303 of the Help America Vote Act of 2002 to verify the accuracy of applicable information provided by the Commissioner of Public Safety with respect to applications for voter registration.

SECTION 5. The Secretary of State shall have the authority to accept federal funds authorized under Section 102 of the Help America Vote Act of 2002 and to meet all the requirements of the Help America Vote Act of 2002 in order to expend the funds to carry out the voting machine buyout program under such act. SECTION 6. The Secretary of State shall be responsible for providing information required by Section 702 of the Help America Vote Act of 2002, regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections, including procedures relating to the use of the federal write-in absentee ballot, to all absent uniformed services voters and overseas voters who wish to register to vote or vote in this state.

SECTION 7. The Secretary of State shall promulgate rules and regulations necessary to effectuate the provisions of the Help America Vote Act of 2002.

SECTION 8. Section 23-15-255, Mississippi Code of 1972, is amended as follows:

23-15-255. (1) The supervisor of each respective supervisors district shall provide at each election place a sufficient number of voting compartments, shelves and tables for the use of electors, which shall be so arranged that it will be impossible for one (1) voter in one (1) compartment to see another voter who is preparing his ballot. The number of voting compartments and shelves or tables shall not be less than one (1) to every two hundred (200) electors in the voting precinct. Each compartment shall be supplied and have posted up in it a card of instructions, and be furnished with other conveniences for marking the ballots.

(2) The managers of each precinct shall publicly post certain voting information at the precinct polling place on the day of any election. The voting information required to be posted by this subsection is as follows:

(a) A sample version of the ballot that will be used at the election;

(b) Information regarding the date of the election and the hours during which the polling places will be open;

(d) Instructions for persons who have registered to vote by mail and first time voters;

(e) General information on voting rights including information on the right of an individual to cast an affidavit ballot and instruction on how to contact the appropriate officials if these rights are alleged to have been violated; and

(f) The consequences under federal and state laws regarding fraud and misrepresentation."

AMEND FURTHER by deleting lines 29 through 35 and inserting in lieu thereof the following and renumbering the succeeding sections:

"SECTION 9. Sections 2, 3, 4, 5, 6, 7 and 8 of this act shall take effect and be in force from and after the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. The remainder of this act shall take effect and be in force from and after October 1, 2004, or the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, whichever is the later date."

AMEND FURTHER the title by inserting after the semicolon the following language:

"TO REQUIRE THE SECRETARY OF STATE TO ESTABLISH RULES AND ENTER AGREEMENTS WITH VARIOUS STATE AGENCIES WHICH COMPLY WITH THE HELP AMERICA VOTE ACT OF 2002; TO AMEND SECTION 23-15-255, MISSISSIPPI CODE OF 1972, TO CONFORM WITH PRECEDING SECTIONS;"