Senate Bill 2322

AN ACT TO INSTITUTE MANDATORY EDUCATION FOR OFFICIALS DISSEMINATING INFORMATION ON ELECTION LAWS AND REGULATIONS AND RELATED VOTING RIGHTS; TO PROVIDE THAT PERSONS WHO KNOWINGLY DECEIVE ANY PERSON REGARDING THE TIME, PLACE AND MANNER OF CONDUCTING AN ELECTION OR QUALIFICATION FOR RESTRICTIONS ON VOTER ELIGIBILITY SHALL BE GUILTY OF A MISDEMEANOR; TO PROVIDE A PROCEDURE FOR REPORTING A VIOLATION OF SUCH PROHIBITION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Secretary of State shall ensure that all state personnel who are charged with oversight and providing information regarding the time, place or manner of conducting any election, or the qualifications for or restrictions on voter eligibility for any election, are educated as to the laws, rules, regulations and voting rights of the state's electorate in order to prevent deceptive practices or the denial of voting rights based on the dissemination of erroneous information.

(2) (a) Circuit clerks are charged with the duty of disseminating voting and election laws and regulations for their respective counties. In order to carry out this duty, circuit clerks must become familiar with and knowledgeable about the laws of the State of Mississippi respecting elections, election practices and elector eligibility to forestall the denial of any person's voting rights due to receipt of erroneous election and elector eligibility information. To ensure dissemination of accurate information, circuit clerks shall attend training on election rules and regulations after being elected and prior to the first election, after taking office. The training shall be organized or approved by the Secretary of State. Thereafter, circuit clerks shall annually attend at least one (1) continuing education course on elections to ensure continued compliance with, and awareness of, any changes in information regarding the time, place or manner of conducting elections or the qualifications for or restrictions on voter eligibility for any election.

(b) Circuit clerks are charged with ensuring that accurate information is supplied to the public by those under their control and supervision. Circuit clerks shall have discretion in the matter of properly educating their subordinates as to the election laws, rules, regulations and related voting rights of electors.

(3) The Secretary of State must ensure that voter registration is available to all electors in the state as defined by Section 23-15-11, Mississippi Code of 1972. Notice as to eligibility to vote shall be clear and unambiguous to prospective voters. Voter registration forms shall clearly define those ineligible to vote due to disenfranchisement due to conviction of a disqualifying crime.

(4) The Attorney General shall ensure that accurate and complete information about the voting rights of people who have been charged with or convicted of crimes, whether disfranchising or not, is made available through a single publication to government officials and the public. In order to ensure that the rights of citizens are cognizable for all, a plain language interpretation of the law shall be issued as this publication.

SECTION 2. (1) Any person who shall knowingly deceive any other person regarding the time, place or manner of conducting any election or the qualifications for or restrictions on voter eligibility for any election shall be guilty of a misdemeanor and, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than six (6) months, or both.

(2) Any person who has reasonable cause to suspect that such a deceptive practice has occurred may notify any authorized law enforcement officer with proper jurisdiction, the Attorney General, or a designee of the Attorney General. Upon such notification, the law enforcement officer, Attorney General or designee of the Attorney General shall be required to conduct an immediate investigation, and file a report with the registrar and the appropriate district attorney. If a law enforcement officer other than the Attorney General, or his designee, is notified, that law enforcement officer shall also notify the Attorney General, or his designee.

(3) Upon a determination by the law enforcement officer or the Attorney General, or his designee, that an act of deception described in this section has occurred, the Attorney General shall immediately undertake all effective measures necessary to provide correct information to voters affected by the deception.

(4) The Attorney General and the Secretary of State shall promulgate rules and regulations to effectuate the provisions of subsection (3) of this section to provide correct information to any voters deceived.

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

SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.