MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Apportionment and Elections
By: Representative Denny
House Bill 307
AN ACT TO AUTHORIZE A QUALIFIED ELECTOR TO VOTE DURING A NO EXCUSE VOTING PERIOD PRIOR TO THE DATE OF THE ELECTION IN THE OFFICE OF THE REGISTRAR OR AT ADDITIONAL LOCATIONS DESIGNATED BY THE BOARD OF SUPERVISORS WITH THE APPROVAL OF THE REGISTRAR AND THE SECRETARY OF STATE; TO PROVIDE THAT AFTER SIGNING THE APPROPRIATE RECEIPT BOOK, THE ELECTOR SHALL VOTE AT THE DESIGNATED LOCATION IN THE SAME MANNER AS HE WOULD AT HIS VOTING PRECINCT ON THE DAY OF THE ELECTION; TO PROVIDE THAT EXCEPT AS MAY BE OTHERWISE PROVIDED BY THIS ACT, THE ELECTION LAWS THAT GOVERN PROCEDURES FOR A PERSON WHO APPEARS TO VOTE ON THE DAY OF ELECTION SHALL APPLY WHEN A PERSON APPEARS TO VOTE DURING THE NO EXCUSE VOTING PERIOD; TO PROVIDE THAT ALL VOTES CAST AT A NO EXCUSE VOTING LOCATION SHALL BE FINAL AND THAT VOTES CAST DURING THE NO EXCUSE VOTING PERIOD SHALL BE ANNOUNCED SIMULTANEOUSLY WITH THE VOTE CAST ON ELECTION DAY; TO PROVIDE THAT EACH CANDIDATE OR HIS REPRESENTATIVES SHALL HAVE THE RIGHT TO BE PRESENT AT THE OFFICE OF THE REGISTRAR OR AT DESIGNATED LOCATIONS WHEN THEY ARE OPEN FOR NO EXCUSE VOTING; TO AMEND SECTIONS 23-15-195, 23-15-653 AND 23-15-353, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTIONS 23-15-627, 23-15-637, 23-15-641, 23-15-713 AND 23-15-715, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VOTERS MAY NOT CAST ABSENTEE BALLOTS AT THE OFFICE OF THE REGISTRAR DURING THE NO EXCUSE VOTING PERIOD; TO REQUIRE PERSONS PRESENTING THEMSELVES TO VOTE TO IDENTIFY THEMSELVES BY PRESENTING CURRENT, VALID GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE THEY SHALL BE ALLOWED TO VOTE; TO PRESCRIBE THE ACCEPTABLE FORMS OF IDENTIFICATION; TO ALLOW A PERSON WITHOUT ACCEPTABLE IDENTIFICATION TO VOTE UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE ISSUANCE OF MISSISSIPPI VOTER IDENTIFICATION CARDS; TO AMEND SECTIONS 23-15-11, 23-15-541 AND 23-15-719, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO FURTHER AMEND SECTION 23-15-541, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CURBSIDE VOTING BY VOTERS WITH A PHYSICAL IMPAIRMENT THAT MAKES IT UNREASONABLE FOR THEM TO ENTER THE POLLING PLACE; TO FURTHER AMEND SECTION 23-15-719, MISSISSIPPI CODE OF 1972, TO REVISE THE AFFIDAVIT PRINTED ON THE BACK OF THE ENVELOPE CONTAINING THE ABSENTEE BALLOT; TO REQUIRE THE REREGISTRATION OF ALL VOTERS REGISTERED PRIOR TO JANUARY 1, 2010; TO AMEND SECTION 23-15-225, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REGISTRAR SHALL BE PAID THREE DOLLARS FOR EACH VOTER REREGISTERED PURSUANT TO SUCH PROVISION; TO PROVIDE THAT PARTY PRIMARIES SHALL BE CLOSED; TO PROVIDE THE MANNER IN WHICH VOTERS MAY CHOOSE THEIR PARTY AFFILIATION OR LACK THEREOF; TO AUTHORIZE PARTIES TO ALLOW VOTERS WHO ARE NOT AFFILIATED WITH THEIR PARTY TO PARTICIPATE IN PRIMARIES CONDUCTED BY THEM; TO AMEND SECTIONS 23-15-291, 23-15-39 AND 23-15-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 23-15-629, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPLICATION FOR AN ABSENTEE BALLOT OF A PERSON WHO IS TEMPORARILY PHYSICALLY DISABLED TO BE ACCOMPANIED BY A STATEMENT SIGNED BY SUCH PERSON'S PHYSICIAN OR NURSE PRACTITIONER, INDICATING THAT THE PERSON APPLYING FOR THE ABSENTEE BALLOT IS TEMPORARILY PHYSICALLY DISABLED TO SUCH A DEGREE THAT HE IS UNABLE TO VOTE IN PERSON ON ELECTION DAY OR ANY DAY UPON WHICH NO EXCUSE VOTING MAY BE CONDUCTED; TO AMEND SECTION 23-15-266, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY AGREEMENT BETWEEN AN EXECUTIVE COMMITTEE AND A CIRCUIT OR MUNICIPAL CLERK OR A COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE TO PERFORM DUTIES AT A PARTY PRIMARY ELECTION SHALL INCLUDE PROVISIONS REGARDING THE COMPENSATION THAT THE CLERK OR ELECTION COMMISSION SHALL RECEIVE FROM THE EXECUTIVE COMMITTEE FOR THE PERFORMANCE OF DUTIES RELATED TO THE AGREEMENT; TO PROVIDE THAT THE COUNTY OR MUNICIPALITY SHALL NOT BE LIABLE FOR THE PAYMENT OF ANY COMPENSATION TO CIRCUIT CLERKS OR ELECTION COMMISSIONERS FOR THE PERFORMANCE OF DUTIES UNDER SUCH AN AGREEMENT; TO AMEND SECTION 23-15-333, MISSISSIPPI CODE OF 1972, TO ALLOW NICKNAMES TO BE PLACED ON THE PRIMARY BALLOT AND TO PROHIBIT THE USE OF TITLES WITH NAMES ON THE BALLOT AND NICKNAMES THAT PROMOTE A POLITICAL IDEAL; TO AMEND SECTION 23-15-367, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE NAMES ON THE GENERAL ELECTION BALLOT FOR EACH OFFICE SHALL BE ARRANGED ALPHABETICALLY; TO ALLOW NICKNAMES TO BE PLACED ON THE BALLOT AND TO PROHIBIT THE USE OF TITLES WITH NAMES ON THE BALLOT; TO PROVIDE THAT THE SECRETARY OF STATE SHALL SPONSOR AND CONDUCT TRAINING COURSES THAT COUNTY EXECUTIVE COMMITTEE MEMBERS AND COMMISSIONERS OF ELECTION MUST SUCCESSFULLY COMPLETE TO BE ABLE TO PERFORM ANY DUTIES WITH REGARD TO ELECTIONS; TO AMEND SECTION 23-15-359, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL INDEPENDENT CANDIDATES FOR OFFICES ELECTED BY SENATORIAL OR REPRESENTATIVE DISTRICTS SHALL QUALIFY WITH THE STATE BOARD OF ELECTION COMMISSIONERS; TO AMEND SECTION 23-15-263, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COUNTY EXECUTIVE COMMITTEE TO APPOINT A SUBCOMMITTEE ON ELECTIONS TO PERFORM THE DUTIES OF THE COUNTY EXECUTIVE COMMITTEE WITH REGARD TO CANVASSING THE RESULTS OF THE ELECTION AND CERTIFYING THE OFFICIAL VOTE TOTALS; TO REQUIRE THE COUNTY EXECUTIVE COMMITTEE TO PROVIDE A LIST OF ITS MEMBERSHIP AND THE MEMBERSHIP OF THE SUBCOMMITTEE ON ELECTIONS, IF ONE IS APPOINTED, TO THE SECRETARY OF STATE 30 DAYS PRIOR TO THE ELECTION; TO AMEND SECTION 23-15-271, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE EXECUTIVE COMMITTEE TO PROVIDE A LIST OF ITS MEMBERSHIP AND THE MEMBERSHIP OF THE SUBCOMMITTEE ON ELECTIONS, IF ONE IS APPOINTED, TO THE SECRETARY OF STATE 30 DAYS PRIOR TO THE ELECTION; TO AMEND SECTIONS 23-15-597 AND 23-15-599, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 23-15-165, MISSISSIPPI CODE OF 1972, TO REQUIRE REGISTRARS TO INPUT INTO THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM THE ELECTION DISTRICTS IN WHICH EACH VOTER IS AUTHORIZED TO VOTE; TO PROVIDE A PENALTY FOR FAILURE TO TIMELY INPUT SUCH INFORMATION; TO AMEND SECTION 23-15-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR ALL TRAVEL IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, THE ELECTION COMMISSIONER SHALL BE PAID MILEAGE AT THE SAME RATE PAID STATE EMPLOYEES; TO AMEND SECTION 23-15-265, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE EXECUTIVE COMMITTEE MAY APPOINT A TEMPORARY COUNTY OR MUNICIPAL EXECUTIVE COMMITTEE TO CONDUCT THE PRIMARY ELECTION IN A COUNTY OR MUNICIPALITY THAT DOES NOT HAVE AN EXECUTIVE COMMITTEE, OR THE STATE EXECUTIVE COMMITTEE MAY ELECT TO CONDUCT THE ELECTION ITSELF; TO AMEND SECTION 23-15-579, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHALLENGED BALLOT MAY BE REJECTED BY A MAJORITY VOTE OF THE MANAGERS; TO AMEND SECTIONS 23-15-921 AND 23-15-923, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON DESIRING TO CONTEST THE ELECTION OF ANOTHER PERSON RETURNED AS THE NOMINEE OF A PARTY MUST FILE A PETITION WITH THE PROPER EXECUTIVE COMMITTEE WITHIN 10 DAYS AFTER THE PRIMARY ELECTION; TO PROVIDE THAT THE FAILURE OF A NOMINEE TO FILE A RESPONSE IN AN ELECTION CONTEST SHALL NOT WAIVE THE RIGHT OF THE NOMINEE TO FILE A RESPONSE IN COURT IF THE DECISION OF THE EXECUTIVE COMMITTEE IS APPEALED; TO AMEND SECTION 23-15-363, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN A PARTY NOMINEE'S NAME MAY BE REMOVED FROM THE GENERAL ELECTION BALLOT; TO AMEND SECTION 23-15-299, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN INCUMBENT FOR AN OFFICE WITHDRAWS PRIOR TO THE PRINTING OF THE SAMPLE BALLOT, CANDIDATES WHO HAVE NOT ALREADY QUALIFIED FOR THE OFFICE MAY QUALIFY FOR THE OFFICE AS OTHERWISE PROVIDED IN THIS SECTION FOR A PERIOD OF 10 DAYS FOLLOWING THE WITHDRAWAL OF THE INCUMBENT; TO AMEND SECTION 23-15-549, MISSISSIPPI CODE OF 1972, TO LIMIT THE PEOPLE WHO MAY PROVIDE ASSISTANCE TO A VOTER; TO REQUIRE THE SECRETARY OF STATE TO BE NOTIFIED OF VACANCIES IN ELECTIVE OFFICE; TO AMEND SECTION 23-15-593, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY EXECUTIVE COMMITTEES MUST PETITION THE COURT TO ORDER NEW ELECTIONS; TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DATE OF THE SECOND PRIMARY IN MUNICIPALITIES OPERATING UNDER A SPECIAL OR PRIVATE CHARTER SHALL BE HELD THREE WEEKS AFTER THE FIRST PRIMARY; TO AMEND SECTION 23-15-211.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO GATHER INFORMATION REGARDING ELECTIONS IN THE STATE AND SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE, THE GOVERNOR, THE ATTORNEY GENERAL AND THE PUBLIC; TO GIVE THE ATTORNEY GENERAL THE AUTHORITY TO ISSUE SUBPOENAS TO EXAMINE RECORDS, DOCUMENTS OR OTHER EVIDENCE OF ENTITIES INSOFAR AS THEY RELATE TO VOTING; TO AMEND SECTION 23-15-213, MISSISSIPPI CODE OF 1972, TO CHANGE THE QUALIFYING DEADLINE FOR CANDIDATES FOR THE OFFICE OF COUNTY COMMISSIONERS OF ELECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 1 through 5 of this act shall be known and may be cited as the "No Excuse Voting Act."
SECTION 2. (1) (a) Except as otherwise provided for run-off elections in paragraph (b) of this subsection, a qualified elector may vote beginning fifteen (15) days before the date of an election until noon on the Saturday before the date of the election, except a run-off election in the office of the registrar or at additional locations designated by the board of supervisors with the approval of the registrar and the Secretary of State.
(b) A qualified elector may vote beginning five (5) days before the date of a run-off election until noon on the Saturday before the date of the run-off election in the office of the registrar or at additional locations designated by the board of supervisors with the approval of the registrar and the Secretary of State.
(2) If only one (1) person has qualified for each office on the ballot, no excuse voting shall not be conducted.
(3) No excuse voting shall be conducted at the office of the registrar during the following times:
(a) Weekdays from 8:00 a.m. until 5:00 p.m., except that the office of the registrar shall remain open until 7:00 p.m. the last two (2) weekdays of the no excuse voting period; and
(b) On the two (2) Saturdays prior to the election from 8:00 a.m. until noon.
(4) Notice of the no excuse voting hours shall be given by the commissioners of election not less than twenty-five (25) days before the date of election by publication in a newspaper of general circulation in the county; however, the publication shall be made not less than seven (7) days before the date of a run-off election. If a state holiday occurs on any day in which no excuse voting is allowed, the Secretary of State may authorize the closing of the office of the registrar or the designated locations on such holiday.
SECTION 3. (1) A person who desires to vote during the no excuse voting period shall appear at the office of the registrar or the location authorized by the registrar for no excuse voting. After signing the appropriate receipt book, the elector shall vote at such location in the same manner as he would at his voting precinct on the day of the election. Except as may be otherwise provided by Sections 1 through 5 of this act, the election laws that govern procedures for a person who appears to vote on the day of election shall apply when a person appears to vote during the no excuse voting period.
(2) All votes cast at a no excuse voting location shall be final.
(3) The votes cast during no excuse voting shall be included with the vote cast on election day.
SECTION 4. Each party, candidate or his representatives shall have the right to be present at the office of the registrar or at designated locations when they are open for no excuse voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law at the polling place on election day.
SECTION 5. The Secretary of State shall promulgate rules and regulations necessary to effectuate no excuse voting.
SECTION 6. Section 23-15-195, Mississippi Code of 1972, is amended as follows:
23-15-195. All elections by the people shall be by ballot * * *.
SECTION 7. Section 23-15-653, Mississippi Code of 1972, is amended as follows:
23-15-653. Except as otherwise provided in Section 2 of House Bill No. ____, 2010 Regular Session, all registrars' offices shall remain open until noon on the two (2) Saturdays prior to each election.
SECTION 8. Section 23-15-353, Mississippi Code of 1972, is amended as follows:
23-15-353. (1) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he shall have printed and distributed a sufficient number of ballots for use in each precinct. He 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 officer 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 commissioners of election; and they may be used, if applicable, in subsequent elections.
(2) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the beginning of the no excuse voting period, the number of ballots that the registrar desires for no excuse voting.
SECTION 9. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs * * * may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his deputy in order to be utilized to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I will be outside the county on election day and all days upon which no excuse voting may be conducted.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day and all days upon which no excuse voting may be conducted.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation and will be absent from the county of my residence on election day and all days upon which no excuse voting may be conducted.
( ) I am required to be at work on election day and all days upon which no excuse voting may be conducted during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________ (if eligible to vote by mail).
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_____________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
______________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
__________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
___________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 10. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. Absentee ballots received by mail, excluding presidential ballots as provided for in Sections 23-15-731 and 23-15-733, must be received by the registrar by 5:00 p.m. on the date preceding the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast not later than * * * the day immediately preceding the beginning of the no excuse voting period. The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.
SECTION 11. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) If an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee or that the voter is present and has voted within the precinct where he represents himself to be a qualified elector, or otherwise qualified to vote, on the date of the election at such precinct or has voted during the no excuse voting period, the * * * vote cast by absentee ballot shall not be allowed. Without opening the voter's envelope the commissioners of election, designated executive committee members or election managers, as appropriate, shall mark across its face "REJECTED", with the reason therefor.
(2) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED", with the reason therefor. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope "REJECTED" giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.
(4) The ballots marked "REJECTED" shall be placed in a separate envelope in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county.
SECTION 12. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
23-15-713. For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle if he be one who falls within the following categories:
(a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his absence from the county of his voting residence on the election day and all days upon which no excuse voting may be conducted, or the spouse and dependents of the student, teacher or administrator if the spouse or dependent(s) maintain a common domicile, outside of the county of his voting residence, with the student, teacher or administrator.
(b) Any qualified elector who is required to be away from his place of residence on any election day and all days upon which no excuse voting may be conducted due to his employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of the person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.
(c) Any qualified elector who is away from his county of residence on election day and all days upon which no excuse voting may be conducted for any reason.
(d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself or others, or whose attendance at the voting place could reasonably cause danger to himself or others.
(e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his county of residence or more than fifty (50) miles distant from his residence, if the parent, spouse or dependent will be with such person on election day and all days upon which no excuse voting may be conducted.
(f) Any person who is sixty-five (65) years of age or older.
(g) Any member of the Mississippi congressional delegation absent from Mississippi on election day and all days upon which no excuse voting may be conducted, and the spouse and dependents of the member of the congressional delegation.
(h) Any qualified elector who will be unable to vote in person because he is required to be at work on election day and all days upon which no excuse voting may be conducted during the times at which the polls will be open.
SECTION 13. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
23-15-715. Any elector desiring an absentee ballot as provided in this subarticle may secure same if:
(a) Not more than forty-five (45) days nor later than * * * the day immediately preceding the beginning of the no excuse voting period, he shall appear in person before the registrar of the county in which he resides, or for municipal elections he shall appear in person before the city clerk of the municipality in which he resides and, when the elector so appears, he shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot, except that if the ballot has not been printed by forty-five (45) days preceding the election, the elector may appear and file an application anytime before the election. Then the absentee ballot shall be mailed by the circuit clerk to the elector as soon as the ballot has been printed.
(b) Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence and such parent, spouse or dependent will be with such person on election day and all days upon which no excuse voting may be conducted, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his county of residence or more than fifty (50) miles away from his residence, and such parent, spouse or dependent will be with such person on election day and all days upon which no excuse voting may be conducted, may obtain absentee ballots by mail under the provisions of this paragraph and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.
SECTION 14. (1) Except as provided in subsection (3) of this section, each elector shall present current, valid government-issued photo identification for which proof of citizenship is required to an election manager, or the circuit clerk or deputy circuit clerk in the case of absentee voting at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one (1) of the following:
(a) A Mississippi driver's license which was properly issued by the appropriate state agency;
(b) A valid Mississippi voter identification card issued under Section 2 of this act or other valid identification card issued by a branch, department, agency, or entity of the State of Mississippi, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector;
(c) A valid United States passport;
(d) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
(e) A valid United States military identification card, provided that such identification card contains a photograph of the elector; or
(f) A valid tribal identification card containing a photograph of the elector.
(2) If an individual does not present the identification required under subsection (1) of this section, the individual shall be permitted to cast an affidavit ballot with respect to the election, except that the election manager may not make a determination that the individual is eligible to vote in the election unless the individual presents the identification required under subsection (1) of this section to the official not later than forty-eight (48) hours after casting the affidavit ballot.
(3) Any elector who falsely swears or affirms to any statement or who provides false identification under this act 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.
SECTION 15. (1) Each circuit clerk shall provide at least one (1) place in the county at which it shall accept applications for and issue Mississippi voter identification cards to registered Mississippi electors which shall under state law be valid only for purposes of voter identification under Section 1 of this act and available only to registered electors of this state. No fee shall be charged or collected for the application for or issuance of a Mississippi voter identification card.
(2) No person shall be eligible for a Mississippi voter identification card if such person has a valid unexpired driver's license or identification card.
(3) The Mississippi voter identification card shall be captioned "MISSISSIPPI VOTER IDENTIFICATION CARD" and shall contain a prominent statement that under Mississippi law it is valid only as identification for voting purposes. The Mississippi voter identification card shall be laminated, shall contain a digital color photograph of the applicant, and shall include the following information:
(a) Full legal name;
(b) Address of residence;
(c) Birth date;
(d) Date
identification card was issued;
(e) Sex;
(f) Height;
(g) Weight;
(h) Eye color;
(i) County where the identification card was issued including a county number to be assigned for each county by the Secretary of State; and
(j) Such other information or identification as required by rule of the Secretary of State.
(4) The application for a Mississippi voter identification card shall elicit the information required under subsection (3) of this section and such other information as may be required by rule of the Secretary of State. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a felony offense subject to a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both.
(5) The circuit clerk shall require presentation and verification of the following information before issuing a Mississippi voter identification card to a person:
(a) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth;
(b) Documentation showing the person's date of birth;
(c) Evidence that the person is registered to vote in this state; and
(d) Documentation showing the person's name and address of principal residence.
(6) A Mississippi voter identification card shall remain valid so long as a person resides at the same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State of Mississippi to surrender his or her card to the circuit clerk of the county of his or her new residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this section. It shall be the duty of a person who moves his or her residence outside the State of Mississippi or who ceases to be qualified to vote to surrender his or her card to the circuit clerk by which it was issued.
(7) The Secretary of State shall provide each circuit clerk with the necessary equipment, forms, supplies, and training for the production of the Mississippi voter identification cards and shall maintain such equipment.
(8) The Secretary of State shall adopt rules and regulations for the administration of this section and, without limiting the generality of the foregoing, such rules and regulations may further define or prescribe the types of documentation required under subsection (5) of this section.
SECTION 16. Section 23-15-11, Mississippi Code of 1972, is amended as follows:
23-15-11. Every inhabitant of this state, except persons adjudicated to be non compos mentis, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he seeks to vote, and for thirty (30) days in the incorporated municipality in which he seeks to vote, and who has been duly registered as an elector under Section 23-15-33, and who has never been convicted of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his residence, and shall be entitled to vote at any election upon compliance with Section 14 of House Bill No. ____, 2010 Regular Session. Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though the person has not reached his or her eighteenth birthday at the time that the person seeks to vote at the primary election. No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.
SECTION 17. Section 23-15-541, Mississippi Code of 1972, is amended as follows:
23-15-541. (1) At all elections, the polls shall be opened at seven o'clock in the morning and be kept open until seven o'clock in the evening and no longer. Upon the opening of the polls, and not before, the managers of the election shall designate two (2) of their number, other than the manager theretofore designated to receive the blank ballots, who shall thereupon be known respectively as the initialing manager and the alternate initialing manager. The alternate initialing manager, in the absence of the initialing manager, shall perform all of the duties and undertake all of the responsibilities of the initialing manager. When any person entitled to vote shall appear to vote, the managers shall first identify the voter by requiring the voter to present a current, valid government-issued photo identification for which proof of citizenship is required; and then the person shall * * * sign his name in a receipt book or booklet provided for that purpose and to be used at that election only and said receipt book or booklet shall be used in lieu of the list of voters who have voted formerly made by the managers or clerks; whereupon and not before, the initialing manager or, in his absence, the alternate initialing manager shall endorse his initials on the back of an official blank ballot, prepared in accordance with law, and at such place on the back of the ballot that the initials may be seen after the ballot has been marked and folded, and when so endorsed he shall deliver it to the voter, which ballot the voter shall mark in the manner provided by law, which when done the voter shall deliver the same to the initialing manager or, in his absence, to the alternate initialing manager, in the presence of the others, and the manager shall see that the ballot so delivered bears on the back thereof the genuine initials of the initialing manager, or alternate initialing manager, and if so, but not otherwise, the ballot shall be put into the ballot box; and when so done one (1) of the managers or a duly appointed clerk shall make the proper entry on the pollbook. If the voter is unable to write his name on the receipt book, a manager or clerk shall note on the back of the ballot that it was receipted for by his assistance.
(2) (a) A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.
Where the managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) or more managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle, and after determining whether the disabled person is a qualified elector as provided by law, shall allow the disabled elector to cast his or her ballot in secret. After the disabled elector casts his or her ballot, the managers shall mark the pollbook "voted" by the elector's name in the pollbook.
(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing manager or alternate initialing manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "voted" by the elector's name. The initialing manager or alternate initialing manager shall without delay place the ballot in the ballot box.
(c) If, while a voter is voting by curbside, there are less than three (3) managers immediately present within the polling place conducting an election or a political party primary, all voting at the polls shall stop until the managers conducting the curbside voting procedure return so that there are at least three (3) poll managers immediately present within the polling place to conduct the election or party primary at all times, and until a minimum of three (3) managers are present, the remaining poll manager or managers shall ensure the security of the ballot box, the voting devices, and any ballots and election materials.
SECTION 18. Section 23-15-719, Mississippi Code of 1972, is amended as follows:
23-15-719. (1) Immediately upon completion of an application filed pursuant to the provisions of paragraph (a) of Section 23-15-715, the registrar shall deliver the necessary ballots to the applicant. The registrar shall only deliver the ballots to the applicant by mail or to the applicant in the registrar's office. The registrar shall not personally hand deliver ballots to voters, unless he delivers the ballots in the office of the registrar. The elector shall fill in his ballot in secret. After the elector has properly marked the ballot and properly folded it, he shall deposit it in the envelope furnished him by the registrar. After the marked ballot is deposited in the envelope, the elector shall enclose a copy of a current, valid government-issued photo identification for which proof of citizenship is required. After he has sealed the envelope, he shall subscribe and swear to an affidavit in the following form, which shall be printed on the back of the envelope containing the applicant's ballot:
"STATE OF MISSISSIPPI
COUNTY OF ___________
I, __________, under penalty of perjury, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the election managers to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.
I further swear that I marked the enclosed ballot in secret.
Penalties for vote fraud are up to five (5) years in prison and a fine of up to Five Thousand Dollars ($5,000.00). (Section 23-15-753, Mississippi Code of 1972)
_______________________
(Signature of voter)
SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.
(Registrar) _______________________
(Registrar)"
After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.
(2) If the voter has received assistance in marking his ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot:
"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE
(To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.
Penalties for vote fraud are up to five (5)
years in prison and a fine of up to
Five Thousand Dollars ($5,000.00).
(Section 23-15-753, Mississippi Code
of 1972)
___________________________________________
Signature of person providing assistance
___________________________________________
Printed name of person providing assistance
___________________________________________
Address of person providing assistance
___________________________________________
Date and time assistance provided
___________________________________________
Family relationship to voter (if any)"
(3) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS."
SECTION 19. (1) The voter registration of all voters registered prior to October 1, 2010, shall be void unless the voter votes by affidavit ballot as authorized in subsection (2) of this section and all such voters shall be required to be reregistered.
(2) A voter who has not reregistered who appears at the polls to vote at any election conducted during calendar years 2010, 2011 and 2012 may vote by affidavit ballot and his vote shall be counted if he was lawfully registered to vote in the precinct prior to October 1, 2010, and currently meets all other requirements to vote in the precinct.
(3) At all elections that occur during calendar years 2010, 2011 and 2012, persons appearing at the polls to vote who have not been reregistered shall be provided with an application for voter registration and an opportunity to complete the application. The completed applications shall be returned to the registrar who shall register the voter as otherwise provided by law.
(4) The Secretary of State and local election officials shall be responsible for informing the public of the reregistration requirement of this section. The methods of informing the public shall be any method prescribed by the Secretary of State.
SECTION 20. Section 23-15-225, Mississippi Code of 1972, is amended as follows:
23-15-225. (1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:
(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Twenty-nine Thousand Nine Hundred Dollars ($29,900.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-five Thousand Three Hundred Dollars ($25,300.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-three Thousand Dollars ($23,000.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty Thousand Seven Hundred Dollars ($20,700.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand One Hundred Dollars ($16,100.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Thirteen Thousand Eight Hundred Dollars ($13,800.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) but not less than Six Thousand Three Hundred Twenty-five Dollars ($6,325.00).
(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
(2) (a) In the event of a reregistration within such county, or a redistricting which necessitates the hiring of additional deputy registrars, the board of supervisors may by contract compensate the county registrar amounts in addition to the sums prescribed herein, in its discretion.
(b) The county registrar shall be paid Three Dollars ($3.00) for each person reregistered pursuant to the requirements of Section 19, House Bill No. ___ , 2010 Regular Session. Payments made pursuant to this paragraph shall be upon appropriation from the Legislature upon confirmation by the Secretary of State of the fact that the voters were properly registered.
(3) As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the registration books and the pollbooks of the several voting precincts of the several counties and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.
(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
(5) The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Five Hundred Dollars ($2,500.00) per year. This payment shall be for the performance of his duties in regard to the conduct of elections and the performance of his other duties.
(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his services equal to the limitation on compensation prescribed in Section 9-1-43.
SECTION 21. Section 23-15-291, Mississippi Code of 1972, is amended as follows:
23-15-291. (1) All nominations for state, district, county and county district officers made by the different parties of this state shall be made by primary elections. All primary elections shall be governed and regulated by the election laws of the state in force at the time the primary election is held.
(2) Except as otherwise provided in subsection (3) of this section, no person shall be entitled to vote in the primary election of any political party unless he:
(a) Is registered as a voter; and
(b) Has declared and has had recorded on the registration book or record the fact that he affiliates with the political party in whose primary he proposes to vote.
(3) Any other voter who is authorized under Section 22 of House Bill No. ____, 2010 Regular Session, may vote in the primary if he is otherwise eligible to vote.
SECTION 22. (1) An unaffiliated voter may vote in the primary of a political party if the state executive committee of the political party has adopted a resolution authorizing unaffiliated voters to vote in its primary election and delivered the resolution to the State Board of Election Commissioners by not later than ninety (90) days preceding the primary election. The state executive committee of a political party may withdraw its permission for unaffiliated voters to participate in its primary election by adoption of a resolution prohibiting the participation of unaffiliated voters in its primary election and delivery of the resolution to the State Board of Election Commissioners by not later than ninety (90) days preceding the primary in which the withdrawal is to become effective.
(2) A political party may authorize voters affiliated with other political parties and voters unaffiliated with a political party to vote in its primary election if the state executive committee of the political party has adopted a resolution authorizing voters affiliated with other political parties and unaffiliated voters to vote in its primary election and delivers the resolution to the State Board of Election Commissioners by not later than the ninety (90) days preceding the primary election. The state executive committee of a political party may withdraw its permission for voters affiliated with other political parties and unaffiliated voters to participate in its primary election by adoption of a resolution prohibiting the participation of voters affiliated with other political parties and unaffiliated voters in its primary election and delivery of the resolution to the State Board of Election Commissioners by not later than ninety (90) days preceding the primary in which the withdrawal is to become effective.
SECTION 23. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a form established by rule duly adopted by the Secretary of State, and shall include, in addition to any other items, a place for the applicant to state the political party with which he prefers to be affiliated and a place for the applicant to state that he prefers not to be affiliated with a political party. The application shall inform the voter that he is not required to state a preference; however, if an applicant does not state a preference, the applicant shall be listed as unaffiliated with a political party.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he is a resident and may take the application with him and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be his duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. No fee or cost shall be charged the applicant by the registrar for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read to the person the application and oath and the person's answers thereto shall be recorded by the registrar or his deputy. The person shall be registered as an elector if he otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) In any case in which a
municipality expands its corporate boundaries by annexation or redistricts all
or a part of the municipality, the municipal clerk shall within ten (10) days
after the effective date of the 
annexation or after preclearance of the
redistricting plan under Section 5 of the Voting Rights Act of 1965, provide
the county registrar with conforming geographic data that is compatible with
the Statewide Elections Management System. The data shall be developed by the
municipality's use of a standardized format specified by the Statewide
Elections Management System. The county registrar shall update the municipal boundary
information or redistricting information into the Statewide Elections
Management System. The Statewide Elections Management System shall update the
voter registration records to include the new municipal electors who have
resided within the annexed area for at least thirty (30) days after annexation
and assign the electors to the municipal voting precincts. The county
registrar shall forward to the municipal clerk written notification of the
additions and changes, and the municipal clerk shall forward to the new
municipal electors written notification of the additions and changes. The
Statewide Elections Management System shall correctly place municipal electors
within districts whose boundaries were altered by any redistricting conducted
within the municipality and assign such electors to the correct municipal
voting precincts.
SECTION 24. Section 23-15-47, Mississippi Code of 1972, is amended as follows:
23-15-47. (1) Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.
(2) The following procedure shall be used in the registration of electors by mail:
(a) Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his county registrar at least thirty (30) days prior to any election. The postmark date of a mailed application shall be the date of registration.
(b) Upon receipt of a mail-in application, the county registrar shall stamp the application with the date of receipt, and shall verify the application by contacting the applicant by telephone, by personal contact with the applicant, or by any other method approved by the Secretary of State. Within twenty-five (25) days of receipt of a mail-in application, the county registrar shall complete action on the application, including any attempts to notify the applicant of the status of his application.
(c) If the county registrar determines that the applicant is qualified and his application is legible and complete, he shall mail the applicant written notification that the application has been approved, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. The registration cards shall be provided by the county registrar. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: "DO NOT FORWARD". If any registration notification form is returned as undeliverable, the voter's registration shall be void.
(d) A mail-in application shall be rejected for any of the following reasons:
(i) An incomplete portion of the application which makes it impossible for the registrar to determine the eligibility of the applicant to register;
(ii) A portion of the application which is illegible in the opinion of the county registrar and makes it impossible to determine the eligibility of the applicant to register;
(iii) The county registrar is unable to determine, from the address and information stated on the application, the precinct in which the voter should be assigned or the supervisor district in which he is entitled to vote;
(iv) The applicant is not qualified to register to vote pursuant to Section 23-15-11;
(v) The registrar determines that the applicant is registered as a qualified elector of the county;
(vi) The county registrar is unable to verify the application pursuant to subsection (2)(b) of this section.
(e) If the mail-in application of a person is subject to rejection for any of the reasons set forth in paragraph (d)(i) through (iii) of this subsection, and it appears to the registrar that the defect or omission is of such a minor nature and that any necessary additional information may be supplied by the applicant over the telephone or by further correspondence, the registrar may write or call the applicant at the telephone number provided on the application. If the registrar is able to contact the applicant by mail or telephone, he shall attempt to ascertain the necessary information and if this information is sufficient for the registrar to complete the application, the applicant shall be registered. If the necessary information cannot be obtained by mail or telephone or is not sufficient, the registrar shall give the applicant written notice of the rejection and provide the reason for the rejection. The registrar shall further inform the applicant that he has a right to attempt to register by appearing in person or by filing another mail-in application.
(f) If a mail-in application is subject to rejection for the reason stated in paragraph (d)(v) of this subsection and the "present home address" portion of the application is different from the residence address for the applicant found in the registration book, the mail-in application shall be deemed a written request to transfer registration pursuant to Section 23-15-13. Subject to the time limits and other provisions of Section 23-15-13, the registrar or the election commissioners shall note the new residence address on his records and, if necessary, transfer the applicant to his new county precinct or municipal precinct, if any, advise the applicant of his new county precinct or municipal precinct, if any, polling place and supervisor district.
(3) The instructions and the application form for voter registration by mail shall be in a form established by rule duly adopted by the Secretary of State, and shall include, in addition to any other items, a place for the applicant to state the political party with which he prefers to be affiliated and a place for the applicant to state that he prefers not to be affiliated with a political party. The application shall inform the voter that he is not required to state a preference; however, if an applicant does not state a preference, the applicant shall be listed as unaffiliated with a political party.
(4) (a) The Secretary of State shall prepare and furnish without charge the necessary forms for application for voter registration by mail to each county registrar, municipal clerk, all public schools, each private school that requests such applications, and all public libraries.
(b) The Secretary of State shall distribute without charge sufficient forms for application for voter registration by mail to the Commissioner of Public Safety, who shall distribute such forms to each driver's license examining and renewal station in the state, and shall ensure that the forms are regularly available to the public at such stations.
(c) Bulk quantities of forms for application for voter registration by mail shall be furnished by the Secretary of State to any person or organization. The Secretary of State shall charge a person or organization the actual cost he incurs in providing bulk quantities of forms for application for voter registration to such person or organization.
(5) The originals of completed mail-in applications shall remain on file in the office of the county registrar in accordance with Section 23-15-113. Nothing in this section shall preclude having applications on microfilm, microfiche or as an electronic image.
(6) If the applicant indicates on the application that he resides within the city limits of a city or town in the county of registration, the county registrar shall enter the information into the Statewide Elections Management System. The county registrar shall send municipal voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any and all mailing costs incurred by the county registrar or the clerk of the municipality in effectuating this subsection shall be paid by the governing authority of the municipality. If a review of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the municipality, the registrar shall notify the applicant of the correct county precinct.
(7) If the applicant indicates on the application that he has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(8) Any person who attempts to register to vote by mail shall be subject to the penalties for false registration provided for in Section 23-15-17.
SECTION 25. (1) Any voter who desires to have the record of his party affiliation or unaffiliated status changed, shall, not later than sixty (60) days prior to the primary election, indicate the change to the registrar of the county in which he is registered to vote on a form prescribed by the Secretary of State.
(2) When a registrar receives a notice of a change of party affiliation or unaffiliated status from a voter in the county, the registrar shall send a notice, by nonforwardable mail, to the voter's residence address. The notice shall state that the voter's records will be changed to reflect the change of status if the voter does not respond by stating that he does not desire a change in status.
(3) If the change in status is not requested by the deadline provided for in subsection (1) of this section, the voter shall not be entitled to vote in the primary of a party in which the voter's status before the deadline did not entitle the voter to vote.
(4) If at any time the registrar is satisfied that an error has been made in designating the party affiliation of any voter on the registration records, the registrar shall make the necessary correction after receiving from the voter a sworn statement as to the error and the correct status.
SECTION 26. Section 23-15-629, Mississippi Code of 1972, is amended as follows:
23-15-629. (1) (a) The application for an absentee ballot of a person who is permanently physically disabled shall be accompanied by a statement signed by such person's physician, or nurse practitioner, which statement must show that the person signing the statement is a licensed, practicing medical doctor or nurse practitioner and must indicate that the person applying for the absentee ballot is permanently physically disabled to such a degree that he is unable to vote in person.
(b) An application accompanied by the statement provided for in subsection (1)(a) of this section shall entitle such permanently physically disabled person to automatically receive an absentee ballot for all elections on a continuing basis without the necessity for reapplication.
(c) The registrar of each county shall keep an accurate list of the names and addresses of all persons whose applications for absentee ballot are accompanied by the statement set forth in this subsection * * *. Sixty (60) days prior to each election, the registrar shall deliver such list to the commissioners of election who shall examine the list and delete from it the names of all persons listed who are no longer qualified electors of the county. Upon completion of such examination, the commissioners of election shall return the list to the registrar by no later than forty-five (45) days prior to the election.
(d) The registrar shall send a ballot to all persons who are determined by the commissioners of election to be qualified electors pursuant to subsection (1)(c) of this section by no later than forty (40) days prior to the election.
(2) The application for an absentee ballot of a person who is temporarily physically disabled shall be accompanied by a statement signed by such person's physician, or nurse practitioner, which statement must show that the person signing the statement is a licensed, practicing medical doctor or nurse practitioner and must indicate that the person applying for the absentee ballot is temporarily physically disabled to such a degree that he is unable to vote in person on election day or any day upon which no excuse voting may be conducted.
SECTION 27. Section 23-15-266, Mississippi Code of 1972, is amended as follows:
23-15-266. (1) A county or municipal executive committee shall be eligible to enter into written agreements with a circuit or municipal clerk or a county or municipal election commission as provided for in Section 23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2), only if the political party with which such county or municipal executive committee is affiliated:
(a) Has cast for its candidate for Governor in the last two (2) gubernatorial elections ten percent (10%) of the total vote cast for governor; or
(b) Has cast for its candidate for Governor in three (3) of the last five (5) gubernatorial elections twenty-five percent (25%) of the total vote cast for Governor.
(2) Any agreement entered into pursuant to Section 23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2) shall include provisions regarding the compensation that the clerk or election commission shall receive from the executive committee for the performance of duties related to the agreement. The county or municipality shall not be liable for the payment of any compensation to circuit clerks or election commissioners for the performance of duties under such an agreement.
SECTION 28. 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 county executive committee shall have printed all necessary absentee ballots forty-five (45) days prior to the election as required by law. 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 ballot may contain the nickname of a candidate if it is a name by which he is generally known. The Secretary of State shall prescribe rules regarding nicknames that may be allowed on the ballot. The ballot shall not contain titles such as doctor or reverend or names which promote a political ideal. Except as otherwise provided in subsection (2) of this section, 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) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the county executive committee.
(3) 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.
(4) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
SECTION 29. Section 23-15-367, Mississippi Code of 1972, is amended as follows:
23-15-367. (1) Except as otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2) of this section, * * * the order in which the titles of the various offices shall be printed, and the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot * * *. In all cases the arrangement of the names for each office shall be alphabetical.
(2) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office.
The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the officer charged with printing the official ballot.
(3) It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated commissioner of each county a sample of the official ballot, not less than fifty-five (55) days prior to the election, the general form of which shall be followed as nearly as practicable.
(4) The ballot may contain the nickname of a candidate if it is a name by which he is generally known. The Secretary of State shall prescribe rules regarding nicknames that may be allowed on the ballot. The ballot shall not contain titles such as doctor or reverend or names which promote a political ideal.
SECTION 30. The Secretary of State shall sponsor and conduct, not less than five (5) days prior to each election, comprehensive eight-hour training sessions to instruct county executive committee members and commissioners of election as to their duties under the election laws of this state. The Secretary of State shall prescribe the curriculum of the course and each participant must pass an examination developed by the Secretary of State to test their knowledge of election laws and procedures. No election commissioner or member of the county executive committee shall perform any duties with regard to an election unless he has been certified by the Secretary of State as having successfully completed the training session during the forty-eight (48) months immediately preceding the date upon which the election is held. The Secretary of State shall develop a version of the course that may be taken over the Internet by commissioners of election and members of county executive committee.
SECTION 31. Section 23-15-359, Mississippi Code of 1972, is amended as follows:
23-15-359. (1) The ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures. A petition requesting that an independent or special election candidate's name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
(a) For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
(b) For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
(c) For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
(d) For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
(e) For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
(f) For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
(g) For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
(2) (a) Unless the petition required above shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of such political party. In the event such candidate qualifies as an independent as provided in this section, he shall be listed on the ballot as an independent candidate.
(b) The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
(3) Petitions for offices described in paragraphs (a), (b), (c) and (d) of subsection (1) of this section, and petitions for offices described in paragraph (e) * * *, shall be filed with the State Board of Election Commissioners by no later than 5:00 p.m. on the same date by which candidates for nominations in the political party primary elections are required to pay the fee provided for in Section 23-15-297, Mississippi Code of 1972; however, no petition may be filed before January 1 of the year in which the election for the office is held.
(4) Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section * * * shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates for nominations in the political party elections are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county commissioners of election of all persons who have filed petitions with such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.
(5) The commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of such local issue must be filed with the commissioners of election by the appropriate governing authority not less than sixty (60) days previous to the date of the election.
(6) The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
(7) Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the State Board of Election Commissioners for districts composed of more than one (1) county or parts of more than one (1) county, or the proper circuit clerk for districts composed of one (1) county or less, by 5:00 p.m. on or before the date set in the writ of election as the qualifying deadline, and signed by not less than fifty (50) qualified electors.
(8) The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The election commission shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The election commission also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state, unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the appropriate election commission finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the name of such candidate shall not be placed upon the ballot. If the appropriate election commission determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
(9) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election, the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (8) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
(10) The petition required by this section may not be filed by using the Internet.
SECTION 32. Section 23-15-263, Mississippi Code of 1972, is amended as follows:
23-15-263. (1) Unless otherwise provided in this chapter, the county executive committee at primary elections shall perform all duties that relate to the qualification of candidates for primary elections, print ballots for primary elections, appoint the primary election officers, resolve contests in regard to primary elections, and perform all other duties required by law to be performed by the county executive committee; however, each house of the Legislature shall rule on the qualifications of the membership of its respective body in contests involving the qualifications of such members. The executive committee shall be subject to all the penalties to which county election commissioners are subject, except that Section 23-15-217 shall not apply to members of the county executive committee who seek elective office.
(2) A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office. The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office.
(3) The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense when committed in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter.
(4) The county executive committee may appoint a subcommittee on elections to perform the duties of the county executive committee with regard to canvassing the result of the election and certifying the official vote totals as provided for in Sections 23-15-597 and 23-15-599. The subcommittee's membership shall consist of at least one-third (1/3) of the membership of the county executive committee and shall be an odd number.
(5) The county executive committee shall provide a list of its membership and the membership of the subcommittee on elections, if one is appointed, to the Secretary of State thirty (30) days prior to the election.
SECTION 33. Section 23-15-271, Mississippi Code of 1972, is amended as follows:
23-15-271. (1) (a) The state executive committee of any political party authorized to conduct political party primaries shall form an election integrity assurance committee for each congressional district. The state executive committee shall appoint three (3) of its members to each congressional district election integrity assurance committee. The members so appointed shall be residents of the congressional district for which the election integrity assurance committee is formed. The state executive committee shall name a chairman and a secretary from among the members of each committee. The state executive committee shall provide to each circuit and municipal clerk a list of the members of the congressional district integrity assurance committee for the congressional district in which the county or municipality of such clerk is located.
(b) If a county executive committee or a municipal executive committee fails to perform in a timely manner any of the duties specified in Sections 23-15-239, 23-15-265, 23-15-267, 23-15-333, 23-15-335 and 23-15-597 and there is no written agreement in place between the county or municipal executive committee and the county or municipal election commission or the circuit or municipal clerk pursuant to such sections, or there is such an agreement in place and it is not being executed, the circuit or municipal clerk may notify the chairman and secretary of the congressional district election integrity assurance committee or the Chairman of the state executive committee of such failure and call upon them to take immediate and appropriate action to insure that such duties are performed in order to secure the orderly conduct of the primary. Such notification may occur on the last day by which the duties are required to be performed or at such time as the circuit or municipal clerk believes such notification is necessary for the orderly administration of the primary.
(c) Nothing in this section shall be construed to authorize the state executive committee or a congressional district election assurance committee to conduct primaries.
(2) (a) The state executive committee may appoint a subcommittee on elections to perform the duties of the state executive committee with regard to canvassing the result of the election and certifying the official vote totals as provided for in Sections 23-15-597 and 23-15-599. The subcommittee's membership shall consist of at least one-third (1/3) of the membership of the state executive committee and shall be an odd number.
(b) The county executive committee shall provide to the Secretary of State a list of its membership and the membership of the subcommittee on elections, if it is appointed, to the Secretary of State thirty (30) days prior to the election.
SECTION 34. Section 23-15-597, Mississippi Code of 1972, is amended as follows:
23-15-597. (1) The county executive committee or its subcommittee on elections, if one is appointed, 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. 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. The state executive committee or its subcommittee on elections, if one is appointed, 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 or its subcommittee on elections, 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.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
SECTION 35. Section 23-15-599, Mississippi Code of 1972, is amended as follows:
23-15-599. (1) (a) Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the chairman of the state executive committee or the chairman of its subcommittee on elections, if one is appointed, shall transmit to the Secretary of State a tabulated statement of the party vote cast in each county and precinct in each county in each state and state district election, and each legislative election for districts consisting of more than one (1) county or parts of more than one (1) county. The statement shall be transmitted by the state executive committee or its subcommittee on elections, if one is appointed, on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the chairman of the state executive committee or the chairman of its subcommittee on elections, if one is appointed, which shall read as follows:
"I _______________, Chairman of the _________ Party State Executive Committee or its subcommittee on elections, as appropriate, do hereby certify that, on a majority vote of the ________ Party State Executive Committee or its subcommittee on elections, as appropriate, these vote totals for each county and for each candidate are the official vote totals for the election reflected therein."
(2) (a) Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the county executive committee or its subcommittee on elections, if one is appointed, shall transmit to the Secretary of State a tabulated statement of the party vote cast in their county and each precinct in their county in each election for county and county district office and each election for legislative office for districts containing one (1) county or less. The statement shall be transmitted by the county executive committee or its subcommittee on elections, if one is appointed, on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b) The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the majority of the members of the county executive committee or its subcommittee on elections, if one is appointed, which shall read as follows:
"We, the undersigned members of the county executive committee or its subcommittee on elections, as appropriate, do hereby certify that these vote totals for each candidate are the official vote totals for the election reflected therein."
SECTION 36. Section 23-15-165, Mississippi Code of 1972, is amended as follows:
23-15-165. (1) From and after July 1, 2002, the Office of the Secretary of State, in cooperation with the local registrars and election commissioners, shall begin to procure, implement and maintain an electronic information processing system and programs capable of maintaining a centralized database of all registered voters in the state. The system shall encompass software and hardware, at both the state and county level, software development training, conversion and support and maintenance for the system. This system shall be known as the "Statewide Elections Management System" and shall constitute the official record of registered voters in every county of the state.
(2) The Office of the Secretary of State shall develop and implement the Statewide Elections Management System so that the registrar and election commissioners of each county shall:
(a) Verify that an applicant that is registering to vote in such county is not registered to vote in another county;
(b) Be notified automatically that a registered voter in its county has registered to vote in another county;
(c) Receive regular reports of death, changes of address and convictions for disenfranchising crimes that apply to voters registered in the county; and
(d) Retain all present functionality related to, but not limited to, the use of voter roll data and to implement such other functionality as the law requires to enhance the maintenance of accurate county voter records and related jury selection and redistricting programs.
(3) As a part of the procurement and implementation of the system, the Office of the Secretary of State shall, with the assistance of the advisory committee, procure services necessary to convert current voter registration records in the counties into a standard, industry accepted file format that can be used on the Statewide Elections Management System. Thereafter, all official voter information shall be maintained on the Statewide Elections Management System. The standard industry accepted format of data shall be reviewed and approved by a majority of the advisory committee created in subsection (5) of this section after consultation with the Circuit Clerks Association and the format may not be changed without majority approval of the advisory committee and without consulting the Circuit Clerks Association.
(4) The Secretary of State may, with the assistance of the advisory committee, adopt rules and regulations necessary to administer the Statewide Elections Management System. Such rules and regulations shall at least:
(a) Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;
(b) Provide procedures for integrating data into the centralized database;
(c) Provide security to insure that only the registrar, or his designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;
(d) Provide the registrar or his designee or other appropriate official, as the law may require, access to the system at all times, including the ability to download copies of the industry standard file, for all purposes related to their official duties, including, but not limited to, exclusive access for the purpose of printing of all local pollbooks;
(e) Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;
(f) Provide a procedure that will allow the registrar, or his designee or other appropriate official, as the law may require, to identify the precinct and subprecinct to which a voter should be assigned; and
(g) Provide a procedure for phasing in or converting existing manual and computerized voter registration systems in counties to the Statewide Elections Management System.
(5) The Secretary of State shall establish an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee shall include two (2) representatives from the Circuit Clerks Association, appointed by the association; two (2) representatives from the Election Commissioners Association of Mississippi, appointed by the association; one (1) member of the Mississippi Association of Supervisors, or its staff, appointed by the association; the Director of the Stennis Institute of Government at Mississippi State University, or his designee; the Executive Director of the Department of Information Technology Services, or his designee; two (2) persons knowledgeable about elections and information technology appointed by the Secretary of State; and the Secretary of State, who shall serve as the chairman of the advisory committee.
(6) (a) Social security numbers, telephone numbers and date of birth and age information in statewide, district, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(b) Copies of statewide, district, county or municipal voter registration files, excluding social security numbers, telephone numbers and date of birth and age information, shall be provided to any person in accordance with the Mississippi Public Records Act of 1983 at a cost not to exceed the actual cost of production.
(7) Registrars shall input into the Statewide Elections Management System the election district in which each voter is authorized to vote not less than sixty (60) days prior to the election.
(8) Registrars shall input into the Statewide Elections Management System the election districts in which each voter is authorized to vote not later than sixty (60) days after the election.
SECTION 37. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the following times the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase from those books the names of all persons erroneously on the books, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for congressmen in the years when congressmen are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.
(2) Except as provided in subsection (3) of this section, and subject to the following annual limitations, the commissioners of election shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the registration books and pollbooks as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) The commissioners of election shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the registration books and pollbooks prior to any special election. For purposes of this subsection, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this subsection.
(4) The commissioners of election shall be entitled to receive a per diem in the amount of Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the registration books, pollbooks and in the conduct of a runoff election following either a general or special election.
(5) The commissioners of election shall be entitled to receive only one (1) per diem payment for those days when the commissioners of election discharge more than one (1) duty or responsibility on the same day.
(6) The county registrar shall prepare the pollbooks and the county commissioners of election shall prepare the registration books of each municipality located within the county pursuant to an agreement between the county and each municipality in the county. The county commissioners of election and the county registrar shall be paid by each municipality for the actual cost of preparing registration books and pollbooks for the municipality and shall pay each county commissioner of election a per diem in the amount provided for in subsection (2) of this section for each day or period of not less than five (5) hours accumulated over two (2) or more days the commissioners are actually employed in preparing the registration books for the municipality, not to exceed five (5) days. The county commissioners of election and county registrar shall provide copies of the registration books and pollbooks to the municipal clerk of each municipality in the county. The municipality shall pay the county registrar for preparing and printing the pollbooks. A municipality may secure "read only" access to the Statewide Centralized Voter System and print its own pollbooks using this information; however, county commissioners of election shall remain responsible for preparing registration books for municipalities and shall be paid for this duty in accordance with this subsection.
(7) Every commissioner of election shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME:____________________________ COUNTY:_______________
ADDRESS:_________________________ DISTRICT:_____________
CITY:______________ ZIP:________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED _______
PER DIEM RATE PER DAY EARNED X 84.00
TOTAL AMOUNT OF PER DIEM CLAIMED $______
I understand that I am signing this document under my oath as a commissioner of election and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chairman of the commission, any member of the board of supervisors or the clerk of the board of supervisors of such contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(8) Except as otherwise provided by subsection (9) of this section, any commissioner of election who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the commissioner of election has received the required elections seminar instruction and that the commissioner of election is fully qualified to conduct an election, shall not receive any compensation authorized by this section, Section 23-15-491 or Section 23-15-239.
(9) For all travel required in the performance of their official duties, commissioners of election shall be paid mileage by the county at the same rate for state employees in Section 25-3-41(1).
SECTION 38. Section 23-15-265, Mississippi Code of 1972, is amended as follows:
23-15-265. (1) 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.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(3) The state executive committee may appoint a temporary county or municipal executive committee to conduct the primary election in a county or municipality that does not have an executive committee, or the state executive committee may elect to conduct the election itself.
SECTION 39. Section 23-15-579, Mississippi Code of 1972, is amended as follows:
23-15-579. All votes which shall be challenged at the polls, whether the question be raised by a manager or by another authorized challenger, shall be received when voted, but each of such challenged votes shall, by one (1) of the managers or clerks, be marked on the back "CHALLENGED" and all such challenged votes shall be placed in one or more strong envelopes; and when all the unchallenged votes have been counted, tallied and totaled the challenged votes shall then be counted, tallied and totaled and a separate return shall be made of the unchallenged votes and of those that are challenged. The envelope or envelopes containing the challenged votes, when counted and tallied, shall be securely sealed with all said challenged votes enclosed therein and placed in the box with the unchallenged votes. Provided, that when a vote is challenged at the polls it shall so clearly appear in the * * * opinion of a majority of the managers, either by the admissions or statements of the person challenged or from official documentary evidence, or indubitable oral evidence then presented to the managers, that the challenge is well taken, the vote shall be rejected entirely and shall not be counted; but in such case the rejected ballot, after it has been marked by the challenged voter, shall be marked on the back "REJECTED" and the name of the voter shall also be written on the back, and said vote and all other rejected votes shall be placed in a separate strong envelope and sealed and returned in the box as in the case of challenged votes. The failure of a candidate to challenge a vote or votes at a box shall not preclude him from later showing, in the manner provided by law, that one or more votes have been improperly received or counted or returned as regards said box. If the managers of an election believe a challenge of a voter is frivolous or not made in good faith they may disregard such challenge and accept the offered vote as though not challenged.
SECTION 40. Section 23-15-921, Mississippi Code of 1972, is amended as follows:
23-15-921. Except as otherwise provided by Section 23-15-961, a person desiring to contest the election of another person returned as the nominee of the party to any county or county district office, or as the nominee of a legislative district composed of one (1) county or less, may, within ten (10) days after the primary election, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the executive committee to assemble by call of the chairman or three (3) members of the committee, notice of which contest shall be served five (5) days before the meeting, and after notifying all parties concerned proceed to investigate the grounds upon which the election is contested and, by majority vote of members present, declare the true results of such primary. The person returned as nominee of the party may file a response to the petition of the contestant; however, the failure to file a response shall not waive the right of the person to file a response in court if the decision of the executive committee is appealed.
SECTION 41. Section 23-15-923, Mississippi Code of 1972, is amended as follows:
23-15-923. Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee in state, congressional and judicial districts, and in legislative districts composed of more than one (1) county or parts of more than one (1) county, upon complaint filed within ten (10) days after the election with the chairman of the state executive committee, by petition, reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of the committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee. The state executive committee by majority vote of members present shall declare the true results of such primary. The person returned as nominee of the party may file a response to the petition of the contestant; however, the failure to file a response shall not waive the right of the person to file a response in court if the decision of the executive committee is appealed.
SECTION 42. Section 23-15-363, Mississippi Code of 1972, is amended as follows:
23-15-363. After the proper officer has knowledge of or has been notified of the nomination, as provided, of any candidate for office, the officer shall not omit his name from the ballot, unless a vacancy in the nomination occurs in the manner specified in Section 25-15-317 before the * * * ballot has been printed. Every ballot shall contain the names of all candidates nominated as specified, and not duly withdrawn as provided for in Section 23-15-317.
SECTION 43. Section 23-15-299, Mississippi Code of 1972, is amended as follows:
23-15-299. (1) (a) Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(b) If the 2010 census redistricting information that is provided to the state in accordance with Public Law 94-171 has not been received from the United States Secretary of Commerce by the Governor of the State of Mississippi by January 1, 2011, then the qualifying deadline for legislative offices shall be changed for the year 2011 only, as follows: Assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on June 1, 2011. This paragraph (b) shall stand repealed on July 1, 2012; however, no such assessments may be paid before January 1 of the year in which the election for the office is held.
(2) Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, other than assessments made for legislative offices, shall be paid by each candidate to the circuit clerk of such candidate's county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days.
(3) Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held.
(4) (a) The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated and the office for which he or she is a candidate.
(b) The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot.
(5) The secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which such candidate making payment is running and the political party with which he or she is affiliated, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
(6) The secretaries of the proper executive committee shall hold said funds to be finally disposed of by order of their respective executive committees. Such funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committeemen, and of their secretary and may pay the secretary such salary as may be reasonable.
(7) Upon receipt of the proper fee and all necessary information, the proper executive committee shall then determine whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and whether each candidate meets all other qualifications to hold the office he is seeking or presents absolute proof that he will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he could be elected to office. The executive committee shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee also shall determine whether any candidate has been convicted of any felony in a court of this state, or has been convicted on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, or has been convicted of any felony in a federal court on or after December 8, 1992. Excepted from the above are convictions of manslaughter and violations of the United States Internal Revenue Code or any violations of the tax laws of this state unless the offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office. If the proper executive committee finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he will meet the qualifications on or before the date of the general or special election at which he could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the name of such candidate shall not be placed upon the ballot. If the proper executive committee determines that the candidate has taken the steps necessary to qualify for more than one (1) office at the election, the action required by Section 23-15-905, shall be taken.
Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.
(8) If an incumbent for an office qualifies pursuant to this section and withdraws prior to the printing of the sample ballot, candidates who have not already qualified for the office may qualify for the office as otherwise provided in this section for a period of ten (10) days following the withdrawal of the incumbent.
(9) No candidate may qualify by filing the information required by this section by using the Internet.
SECTION 44. Section 23-15-549, Mississippi Code of 1972, is amended as follows:
23-15-549. Any voter who declares to the managers of the election that he requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by an election manager, an election bailiff or a member of the voter's immediate family.
SECTION 45. Section 23-15-593, Mississippi Code of 1972, is amended as follows:
23-15-593. When the ballot box is opened and examined by the county executive committee in the case of a primary election, or county election commissioners in the case of other elections, and it is found that there have been failures in material particulars to comply with the requirements of Section 23-15-591 and Section 23-15-895 to such an extent that it is impossible to arrive at the will of the voters at a precinct, the entire box may be thrown out unless it be made to appear with reasonable certainty that the irregularities were not deliberately permitted or engaged in by the managers at that box, or by one (1) of them responsible for the wrong or wrongs, for the purpose of electing or defeating a certain candidate or candidates by manipulating the election or the returns thereof at that box in such manner as to have it thrown out; in which latter case the county executive committee, or the county election commission, as appropriate, shall conduct a hearing and make a determination in respect to the box as may appear lawfully just, subject to a judicial review of the matter as elsewhere provided by this chapter. Or the executive committee, or the election commission * * * upon review, may petition the court to order another election to be held at that box. If the court orders a new election to be held at the precinct, the county executive committee, or the county election commission, as appropriate, shall appoint new managers to hold the election.
SECTION 46. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Except as otherwise provided in subsection (2) of this section, municipal primary elections shall be held on the first Tuesday in May preceding the general municipal election and, in the event a second primary shall be necessary, the second primary shall be held on the third Tuesday in May preceding such general municipal election. At the primary election the municipal executive committee shall perform the same duties as are specified by law and performed by members of the county executive committee with regard to state and county primary elections. Each municipal executive committee shall have as many members as there are elective officers of the municipality, and the members of the municipal executive committee of each political party shall be elected in the primary elections held for the nomination of candidates for municipal offices. The provisions of this section shall govern all municipal primary elections as far as applicable, but the officers to prepare the ballots and the managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding the primary, and the returns of such election shall be made to such municipal executive committee. Vacancies in the executive committee shall be filled by it.
(2) * * * In municipalities operating under a special or private charter which fixes a time for holding elections, other than the time fixed by Chapter 491, Laws of 1950, the first primary election shall be held exactly four (4) weeks before the time for holding the general election, as fixed by the charter, and the second primary election, where necessary, shall be held three (3) weeks after the first primary election, unless the charter of the municipality provides otherwise, in which event the provisions of the special or private charter shall prevail as to the time of holding the primary elections.
(3) All primary elections in municipalities shall be held and conducted in the same manner as is provided by law for state and county primary elections.
SECTION 47. Section 23-15-211.1, Mississippi Code of 1972, is amended as follows:
23-15-211.1. (1) For purposes of the National Voter Registration Act of 1993, the Secretary of State is designated as Mississippi's chief election officer.
(2) As the chief election officer of the State of Mississippi, the Secretary of State shall have the power and duty to gather sufficient information concerning voting in elections in this state. The Secretary of State shall gather information on voter participation and submit an annual report to the Legislature, the Governor, the Attorney General and the public.
(3) In order to effectuate the duties provided for in this section, the Secretary of State shall have the power and duty to issue subpoenas, with the approval of, and returnable to, a judge of a chancery or circuit court, in termtime or in vacation, to examine the records, documents or other evidence of persons, firms, corporations or any other entities insofar as such records, documents or other evidence related to voting in the state, county, municipality or other public entity. The circuit or chancery judge must serve the county in which the records, documents or other evidence is located.
SECTION 48. Section 23-15-213, Mississippi Code of 1972, is amended as follows:
23-15-213. At the general election in 1984 and every four (4) years thereafter there shall be elected five (5) commissioners of election for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners, before acting, shall take and subscribe the oath of office prescribed by the Constitution and file the oath in the office of the clerk of the chancery court, there to remain. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
The qualified electors of each supervisors district shall elect, at the general election in 1984 and every four (4) years thereafter, in their district one (1) commissioner of election. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he resides.
Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not less than one hundred twenty (120) days before the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and their party affiliation shall be shown on the official ballot.
The petition shall have attached to it a certificate of the registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he seeks election and that the candidate is otherwise qualified as provided by law, and shall certify * * * to the chairman or secretary of the county election commission that the candidate is qualified and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected unless and until he has received a majority of the votes cast for the position or post for which he is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
Upon taking office, the county board of election commissioners shall organize by electing a chairman and a secretary.
It shall be the duty of the chairman to have the official ballot printed and distributed at each general or special election.
SECTION 49. 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 50. This act shall take effect and be in force from and after July 1, 2010, or such later date as it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.