House Bill 1600

AN ACT TO AMEND SECTIONS 23-15-405 AND 23-15-423, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE NUMBER OF VOTING MACHINES USED IN A VOTING PRECINCT BE IN DIRECT PROPORTION TO THE NUMBER OF REGISTERED VOTERS IN THE PRECINCT, WITH A GREATER NUMBER OF VOTING MACHINES BE USED IN PRECINCTS WITH A GREATER NUMBER OF REGISTERED VOTERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-405, Mississippi Code of 1972, is amended as follows:

23-15-405. Whenever the board of supervisors of any county or the governing authorities of any municipality shall purchase or rent voting machines that meet the requirements of this article, such voting machines may be used at all elections held in such county or municipality, or in any part thereof, for voting, registering and counting votes cast at such elections. In providing voting machines, the board of supervisors is hereby empowered to purchase or rent voting machines for each voting precinct in the entire county, including those located within the municipality, and the board shall purchase or rent machines in direct proportion to the number of voters in each precinct. The board of supervisors of any county and the governing authorities of any municipality may jointly purchase or rent voting machines for all of the voting precincts in the entire county. Whenever voting machines have been purchased or rented by either the board of supervisors or the governing authorities of a municipality, for use at voting precincts within the county or within the municipality, said voting machines may be used at said voting precincts in all elections, and the officials in charge of the election to be held shall cause the voting machines to be prepared and used at such election as provided for herein. The number of voting machines to be used in each voting precinct must be in direct proportion to the number of voters registered in the precinct, with a greater number of voting machines to be used in voting precincts in which a greater number of voters are registered. Guidelines for the number of machines to be used for a specific designated number of voters within each precinct shall be provided by the Secretary of State. Voting machines of different kinds may be adopted for different counties within the state.

Voting machines may be used in combination with paper ballots in any election at the discretion of and under rules and regulations set up by the officials in charge of the election.

SECTION 2. Section 23-15-423, Mississippi Code of 1972, is amended as follows:

23-15-423. Voting precincts in which voting machines are to be used shall be altered, divided or combined so as to provide that each voting precinct in which the machine or machines to be used shall contain the number of voters specified by the Secretary of State. The number of voting machines to be used in each voting precinct must be in direct proportion to the number of voters registered in the precinct, with a greater number of voting machines to be used in voting precincts in which a greater number of voters are registered. Guidelines for the number of machines to be used for a specific designated number of voters within each precinct shall be provided by the Secretary of State.

SECTION 3. 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 4. 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.