Senate Bill 2823

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 97-13-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO SHALL KNOWINGLY DECEIVE ANY PERSON REGARDING THE TIME, PLACE OR MANNER OF CONDUCTING ANY ELECTION, OR THE QUALIFICATION FOR OR RESTRICTIONS ON, VOTER ELIGIBILITY, SHALL BE GUILTY OF A FELONY; TO PROVIDE THE PENALTIES THEREFOR; TO PROVIDE THAT IF A LAW ENFORCEMENT OFFICER OR THE ATTORNEY GENERAL OR HIS DESIGNEE IS NOTIFIED, THEY SHALL CONDUCT AN IMMEDIATE INVESTIGATION AND FILE A REPORT WITH THE REGISTRAR AND THE DISTRICT ATTORNEY; TO REQUIRE CORRECTIVE INFORMATION TO BE GIVEN TO VOTERS WHO ARE AFFECTED BY THE VIOLATION; TO REQUIRE THE ATTORNEY GENERAL AND THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS REGARDING THE MEANS AND METHODS OF EFFECTIVE MEASURES NECESSARY TO PROVIDE CORRECT INFORMATION TO VOTERS; TO PROVIDE THAT THE RULES AND REGULATIONS SHALL BE DEVELOPED IN CONSULTATION WITH A COMMITTEE APPOINTED BY THE SECRETARY OF STATE; TO PROVIDE FOR THE COMPOSITION OF THE COMMITTEE; TO REQUIRE THE ATTORNEY GENERAL TO FILE A REPORT WITH THE LEGISLATURE AFTER EACH ELECTION REGARDING ALLEGATIONS DECEPTIVE PRACTICES THAT WERE INVESTIGATED AT THE ELECTION; TO AUTHORIZE CIVIL ACTIONS TO ENJOIN SUCH DECEPTIVE PRACTICES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following provision shall be codified as Section 97-13-39, Mississippi Code of 1972:

97-13-39. (1) Any person who shall knowingly deceive any person regarding the time, place or manner of conducting any election, or the qualifications for, or restrictions on voter eligibility for any election, shall be guilty of a felony and, upon conviction, shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both.

(2) Any person who has reasonable cause to suspect that a violation of subsection (1) of this section has occurred may notify any law enforcement officer with proper jurisdiction, or the Attorney General or his designee. Upon notification the law enforcement officer, or the Attorney General or his designee, shall be required to conduct an immediate investigation into the matter and file a report with the registrar and the appropriate district attorney. If a law enforcement officer other than the Attorney General or his designee is notified, that law enforcement officer shall also notify the Attorney General or his designee. If the law enforcement officer or the Attorney General or his designee determines that an act of deception described in subsection (1) of this section occurred, he shall immediately undertake all effective measures necessary to provide correct information to voters affected by the deception.

(3) The Attorney General and the Secretary of State shall promulgate rules and regulations regarding the methods and means of effective measures necessary to provide correct information as required by subsection (1) of this section. The rules and regulations shall be developed in consultation with a committee appointed by the Secretary of State which shall include at least three (3) registrars, at least three (3) representatives from civil rights organizations, voting rights organizations, voter protection groups and/or other interested community organizations and at least one (1) district attorney. The committee shall not exceed nine (9) members.

(4) Not later than ninety (90) days after any election, the Attorney General shall submit to the appropriate committees of the Legislature a report compiling and detailing any allegations of deceptive practices investigated pursuant to subsection (2) of this section that relate to the election. The report shall include detailed information on specific allegations, statistical compilations of how many allegations were made and of what type, the geographic locations of, and the populations affected by the alleged deceptive information, the status of the investigations of the allegations and the effectiveness of any corrective actions.

(5) Any person aggrieved by a violation of subsection (1) of this section, or the Attorney General, may institute a civil action or other proper proceeding for preventive relief including an application to any court of competent jurisdiction for a permanent or temporary injunction, restraining order or other order.

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.