MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) McDaniel
AN ACT TO AMEND SECTION 23-15-701, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO EXERCISE CERTAIN EMERGENCY POWERS CONCERNING ABSENTEE VOTING AND REGISTRATION OF FIRST RESPONDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-701, Mississippi Code of 1972, is amended as follows:
23-15-701. (1) The Secretary of State shall adopt such rules which are necessary and essential to implement this subarticle and to bring the state into compliance with the Uniformed and Overseas Citizens Absentee Voting Act, 42 USCS Section 1973ff et seq. The Secretary of State shall furnish the Legislature with a copy of such rules sixty (60) days after adoption by the Secretary of State.
(2) The Secretary of State
may exercise emergency powers concerning absentee voting and registration of
military personnel * * * and first responders for any election during an armed
conflict or other military contingencies involving United States Armed Forces
or mobilization of those forces, including state national guard or reserve
components and during any state of emergency as declared by the President of
the United States or the Governor of any state within the United States. For
purposes of this section, the term "first responders" includes, but
is not limited to, any trained or certified individual who, upon arriving early
to an incident or emergency, assumes immediate responsibility for the
protection and preservation of life, property, evidence and environment, and
any trained emergency response providers who work within the public or private
sector or government agencies of law enforcement, the fire department, school
safety, public works, public health, mental and behavioral health services,
hospitals, transportation, port and venue security, private emergency medical
services and ambulance services, child protective services, hazardous materials
and position control.
(3) The Secretary of State shall adopt rules describing the
35 emergency powers and the situations in which the powers will be
36 exercised.
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.