Senate Bill 2313

AN ACT TO AMEND SECTION 23-15-211.1, MISSISSIPPI CODE OF 1972, TO GIVE THE SECRETARY OF STATE THE AUTHORITY TO ISSUE SUBPOENAS TO EXAMINE RECORDS, DOCUMENTS OR OTHER EVIDENCE OF ENTITIES INSOFAR AS THEY RELATE TO VOTING; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) (a) The Secretary of State shall have authority to issue subpoenas, with the approval of, and returnable to, a judge of a chancery or circuit court, in termtime or in vacation:

(i) To take testimony under oath from election officials or candidates; and

(ii) To compel production of records, documents or other evidence from persons, firms, corporations or any other entities insofar as such records, documents or other evidence relate to the election of state, county, district or municipal officials.

The circuit or chancery judge issuing such subpoenas must serve the county in which the records, documents or other evidence is located.

(b) This subsection does not grant authority to the Secretary of State to compel production of records, documents or other evidence, or to examine witnesses related to campaign finance disclosures under Sections 23-15-801 through 23-15-817 or the Lobbying Reform Act of 1994 under Sections 5-8-1 through 5-8-23.

(c) Any information obtained as a result of the examination of witnesses or production of records or documents under this subsection may be transmitted to either the Attorney General or the appropriate district attorney for their action, at the discretion of the Secretary of State.

SECTION 2. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.