Senate Bill 2775

(As Passed the Senate)

AN ACT TO AMEND SECTION 23-15-625, MISSISSIPPI CODE OF 1972, TO REQUIRE ABSENTEE BALLOT APPLICATIONS TO BE PROCESSED BY THE REGISTRAR UTILIZING THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; TO PROVIDE THAT All ABSENTEE BALLOTS TRANSMITTED TO OR RECEIVED FROM A VOTER SHALL BE PROCESSED AND ACCOUNTED FOR BY THE REGISTRAR UTILIZING THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; TO REQUIRE THE REGISTRAR TO UTILIZE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM TO KEEP AN ACCURATE LIST OF ALL PERSONS PREPARING SUCH BALLOTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-625, Mississippi Code of 1972, is amended as follows:

23-15-625. (1) The registrar shall be responsible for providing applications for absentee voting as provided in this section. At least sixty (60) days prior to any election in which absentee voting is provided for by law, the registrar shall provide a sufficient number of applications. In the event a special election is called and set at a date which makes it impractical or impossible to prepare applications for absent elector's ballot sixty (60) days prior to the election, the registrar shall provide applications as soon as practicable after the election is called. The registrar shall fill in the date of the particular election on the application for which the application will be used.

(2) The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he serves. Any person who presents to the registrar an oral or written request for an absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote by absentee ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose. However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State. The form shall provide a place for such person to place his mark after the form has been filled out by the registrar.

(3) Absentee ballot applications shall be processed by the registrar utilizing the Statewide Elections Management System.

(4) It shall be unlawful for any person to solicit absentee ballot applications or absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173. This prohibition shall not apply to:

(a) A family member of the person staying in the skilled nursing facility; or

(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.

As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.

(5) All absentee ballots transmitted to or received from a voter shall be processed and accounted for by the registrar utilizing the Statewide Elections Management System.

(6) The registrar in the county wherein a voter is qualified to vote upon receiving the envelope containing the absentee ballots shall utilize the Statewide Elections Management System to keep an accurate list of all persons preparing such ballots, which list shall be kept in a conspicuous place accessible to the public near the entrance to his office. The registrar shall also furnish to each precinct manager a list of the names of all persons in each respective precinct voting absentee ballots to be posted in a conspicuous place at the polling place for public notice. The application on file with the registrar and the envelopes containing the ballots shall be kept by the registrar and deposited in the proper precinct ballot boxes before such boxes are delivered to the election commissioners or managers. At the time such boxes are delivered to the election commissioners or managers, the registrar shall also turn over a list of all such persons who have voted and whose ballots are in the box.

(6) The registrar shall also be authorized to mail one (1) application to any qualified elector of the county for use in a particular election.

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.