House Bill 438

AN ACT TO AMEND SECTION 23-15-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ELECTOR WHO IS TEMPORARILY OR PERMANENTLY PHYSICALLY DISABLED AND WHOSE VOTING PRECINCT IS NOT ACCESSIBLE DUE TO SUCH TEMPORARY OR PERMANENT PHYSICAL DISABILITY TO HAVE HIS OR HER BALLOT MADE AVAILABLE TO THE NEAREST WARD OR VOTING PRECINCT THAT IS ACCESSIBLE TO SUCH ELECTOR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-13, Mississippi Code of 1972, is amended as follows:

23-15-13. (1) An elector who moves from one ward or voting precinct to another ward within the same municipality or voting precinct within the same county shall not be disqualified to vote, but he or she shall be entitled to have his or her registration transferred to his or her new ward or voting precinct upon making written request therefor at any time up to thirty (30) days prior to the election at which he or she offers to vote, and if the removal occurs within thirty (30) days of such election he or she shall be entitled to vote in his or her new ward or voting precinct by affidavit ballot as provided in Section 23-15-573.

(2) (a) An elector who is temporarily or permanently physically disabled and whose voting precinct is not accessible due to such temporary or physical disability shall be entitled to have his or her ballot made available to the nearest voting precinct that is able to accommodate such elector's physical disability, subject to the following conditions:

(i) A written request that is submitted no later than forty-five (45) days before the date of the election and explains the elector's need to transfer because of a temporary or permanent physical disability;

(ii) The registrar of the county to whom the request to transfer is made shall verify that the elector's voting precinct is not accessible to such elector due to such elector's disability.

(b) Each supervisor's district shall have no less than one (1) voting precinct that is in compliance with the federal Americans with Disabilities Act.

SECTION 2. 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 3. 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.