Senate Bill 2337

(As Passed the Senate)

AN ACT 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 A PHYSICIAN OR NURSE PRACTITIONER INDICATING THAT THE PERSON APPLYING FOR THE ABSENTEE BALLOT IS TEMPORARILY PHYSICALLY DISABLED TO SUCH A DEGREE THAT IT IS DIFFICULT FOR HIM TO VOTE IN PERSON OR HIS ATTENDANCE AT THE VOTING PLACE COULD REASONABLY CAUSE DANGER TO HIMSELF OR OTHERS; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 it is difficult for him to vote in person or his attendance at the voting place could reasonably cause danger to himself or others.

(b) An application accompanied by the statement provided for in paragraph (a) of this subsection 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 subsection (1) of this section. 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 paragraph (c) of this subsection 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 it is difficult for him to vote in person or his attendance at the voting place could reasonably cause danger to himself or others.

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.