Senate Bill 2767

AN ACT TO AUTHORIZE PERSONS ELIGIBLE TO VOTE IN THIS STATE WHO POSSESS A CURRENT AND VALID MISSISSIPPI DRIVER'S LICENSE OR IDENTIFICATION CARD TO SUBMIT VOTER REGISTRATION APPLICATIONS THROUGH A SECURE INTERNET WEB SITE ESTABLISHED BY THE SECRETARY OF STATE; TO ALLOW PERSONS WHO ARE REGISTERED TO VOTE TO UPDATE THEIR VOTER REGISTRATION INFORMATION USING SUCH WEB SITE; TO PROVIDE THAT SUCH APPLICATIONS SHALL BE FORWARDED ELECTRONICALLY TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT SHALL COMPARE THE INFORMATION SUBMITTED BY THE APPLICANT WITH THE INFORMATION MAINTAINED IN THE DEPARTMENT'S DATABASE LISTING INDIVIDUALS WHO POSSESS A CURRENT AND VALID MISSISSIPPI DRIVER'S LICENSE OR IDENTIFICATION CARD AND, IF THE DEPARTMENT OF PUBLIC SAFETY DETERMINES THAT THE APPLICANT IS ELIGIBLE TO SUBMIT AN ONLINE APPLICATION, THE DEPARTMENT SHALL ELECTRONICALLY FORWARD THE APPLICATION AND CERTAIN OTHER INFORMATION TO THE SECRETARY OF STATE; TO PROVIDE THAT THE SECRETARY OF STATE SHALL FORWARD THE APPLICATION AND ADDITIONAL INFORMATION RECEIVED FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE REGISTRAR OF THE COUNTY IN WHICH THE APPLICANT CURRENTLY RESIDES; TO PROVIDE PROCEDURES BY WHICH THE COUNTY REGISTRAR SHALL PROCESS SUCH APPLICATIONS; TO AMEND SECTION 23-15-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. A person may register to vote under this section if the person is:

(a) Eligible to register to vote under Section 23-15-11; and

(b) Possesses a current and valid:

(i) Mississippi driver's license; or

(ii) Mississippi identification card issued under Section 45-35-1 et seq.

(2) A person described in subsection (1) of this section may submit a voter registration application to a county registrar using the procedures set forth in this section.

(3) (a) The Secretary of State shall establish a secure Internet Web site to permit persons described in subsection (1) of this section to submit voter registration applications. The form of the online application shall be established by rule duly adopted by the Secretary of State.

(b) The secure Web site established under this subsection shall allow a person described in subsection (1) of this section to submit:

(i) An application:

1. For registration as a first time voter in Mississippi; or

2. To change the individual's name, address or other information set forth in the person's existing voter registration record; and

(ii) Information to establish that the applicant is eligible under this section to register online.

(4) (a) When an applicant submits an application described in subsection (3) of this section by use of the secure Internet Web site established under this section, the application shall be forwarded electronically to the Department of Public Safety and the department shall compare the information submitted by the applicant with the information maintained in the department's database listing individuals who possess a current and valid Mississippi:

(i) Driver's license; or

(ii) Identification card issued under Section 45-35-1 et seq.

(b) If the Department of Public Safety determines that the applicant is eligible to submit an application under this section, the department shall forward the following electronically to the Secretary of State:

(i) The application and any additional information submitted by the applicant.

(ii) Information compiled by the department (including the digital signature of the applicant maintained by the department).

(5) (a) The Secretary of State shall forward the application and additional information received from the Department of Public Safety to the registrar of the county in which the applicant currently resides. The Secretary of State shall use information supplied by the applicant to determine the county in which the applicant currently resides.

(b) Upon receipt of an application under this section, the county registrar 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 the 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 application is a request to change the individual's name, address or other information in the person's voter registration record, the registrar shall make the requested changes.

(d) If the application is for registration as a voter, and if the county registrar determines that the applicant is qualified and his application is 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.

(e) An application to register to vote 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) The county registrar is unable to determine, from the address and information on the application, the precinct in which the voter should be assigned or the supervisor district in which he is entitled to vote;

(iii) The applicant is not qualified to register to vote pursuant to Section 23-15-11;

(iv) The registrar determines that the applicant is registered as a qualified elector of the county;

(v) The county registrar is unable to verify the application pursuant to paragraph (b) of this subsection.

(f) If the application of a person is subject to rejection for any of the reasons set forth in paragraph (e)(i) and (ii) 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.

(6) If an applicant, in an application submitted by use of the secure Internet Web site established under this section, indicates that the applicant is currently registered at an address other than the address within the county in which the applicant currently resides, the Secretary of State shall provide a copy of the applicant's application to any county in Mississippi or any jurisdiction outside Mississippi in which the applicant states that the applicant currently is or may be registered to vote.

SECTION 2. 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 * * * and which are not made by mail under Section 23-15-47 or by online application under Section 1 of this act, shall be made upon a form established by rule duly adopted by the Secretary of State.

(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 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.