MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Apportionment and Elections
By: Representatives Howell, Bell, Boyd, Brown (20th), Carpenter, Huddleston (15th), Jennings, Monsour, Moore, Rushing, Staples, Taylor, Weathersby, Byrd, Currie
AN ACT TO PROVIDE THAT ONLY CERTAIN PERSONS SHALL BE PRESENT AT AND IN THE IMMEDIATE VICINITY OF ELECTION POLLING PLACES, PROVIDED THAT SUCH PERSONS DO NOT SOLICIT VOTES OR OTHERWISE CAMPAIGN; TO AMEND SECTION 23-15-577, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CANDIDATES WHO SEND REPRESENTATIVES TO THE POLLS SHALL PROVIDE EACH OBSERVER WITH A LETTER OF APPOINTMENT ON A FORM PRESCRIBED BY THE SECRETARY OF STATE; TO BRING FORWARD SECTION 23-15-895, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Except as otherwise provided in Sections 23-15-577 and 23-15-895, the following persons shall be permitted to be present at and in the immediate vicinity of the polling places, provided that such persons do not solicit votes or otherwise campaign as provided in Section 23-15-895:
(a) A qualified elector, and any person authorized by law to assist such qualified elector, who is voting in that polling place.
(b) Any person who is by law authorized to perform or is charged with the performance of official duties at the election.
(c) A person authorized by a candidate as provided in Section 23-15-577.
(d) Any peace officer assigned or called upon to keep order or maintain peace for a polling place, upon request of an election official.
(e) One observer at a time representing any nonparty political organization registered in the United States or any other nonpartisan candidate in a city or school election, appearing on the ballot of the election in progress.
(f) Any persons expressing an interest in a ballot issue to be voted upon at an election except a general or primary election. Such person shall file a notice of intent to serve as an observer with the appropriate election commissioner before election day. If more than three (3) persons file a notice of intent to serve at the same time with respect to ballot issues at an election, the appropriate election commissioner shall appoint, from those submitting a notice of intent, the three (3) persons who may serve at that time as observers, and shall provide a schedule to all persons who filed notices of intent. The appointees, whenever possible, shall include both opponents and proponents of the ballot issues.
(g) Any person who is authorized to be present at the polling place by the appropriate election commissioner, in consultation with the Secretary of State, for the purposes of conducting and attending educational voting programs for youth.
(h) Reporters, photographers, and other staff representing the news media; however, representatives of the news media, while present at or in the immediate vicinity of the polling places, shall not interfere with the election process in any way.
SECTION 2. Section 23-15-577, Mississippi Code of 1972, is amended as follows:
23-15-577. Each candidate shall have the right, either in person or by a representative to be named by him, to be present at the polling place, and the managers shall provide him or his representative with a suitable position from which he or his representative may be able to carefully inspect the manner in which the election is held. He or his representative shall be allowed to challenge the qualifications of any person offering to vote, and his challenge shall be considered and acted upon by the managers. Candidates who send representatives to the polls shall provide each observer with a letter of appointment in the form prescribed by the Secretary of State.
SECTION 3. Section 23-15-895, Mississippi Code of 1972, is brought forward as follows:
23-15-895. It shall be unlawful for any candidate for an elective office, or any representative of such candidate, or for any proponent or opponent of any constitutional amendment, local issue or other measure printed on the ballot to post or distribute cards, posters or other campaign literature within one hundred fifty (150) feet of any entrance of the building wherein any election is being held. It shall be unlawful for any candidate or a representative named by him in writing to appear at any polling place while armed or uniformed, nor shall he display any badge or credentials except as may be issued by the manager of the polling place. As used in this section, the term "local issue" shall have the meaning ascribed to such term in Section 23-15-375.
SECTION 4. 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 5. 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.