House Bill 11

AN ACT TO AMEND SECTION 23-15-445, MISSISSIPPI CODE OF 1972, TO REQUIRE VOTING MACHINES TO BE STORED IN ONE LOCATION THAT IS CHOSEN BY A MAJORITY OF ELECTION COMMISSIONERS; TO REQUIRE THAT THE LOCATION WHERE VOTING MACHINES ARE STORED IS SECURE AT ALL TIMES; TO AMEND SECTION 23-15-415, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 25 DAYS BEFORE AN ELECTION, THE CUSTODIAN SHALL VISIT THE LOCATION WHERE ALL VOTING MACHINES ARE LOCATED AND COUNT THE MACHINES TO DETERMINE WHETHER ALL MACHINES THAT ARE NEEDED FOR THE ELECTION ARE ACTUALLY LOCATED IN THE ONE LOCATION CHOSEN BY THE ELECTION COMMISSIONERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-445, Mississippi Code of 1972, is amended as follows:

23-15-445. The keys of the machine shall be enclosed in an envelope to be supplied by the registrar on which shall be written the number of the machine and the voting precinct and ward where it has been used, which envelope shall be securely sealed and endorsed by the manager, and shall be returned to the officer from whom the keys were received. The number on the seal and the number registered on the protective counter shall be written on the envelope containing the keys. All keys for voting machines shall be kept securely locked by the registrar having them in charge. It shall be unlawful for any unauthorized person to have in his possession any key or keys of any voting machine, and all election officers or persons entrusted with such keys for election purposes, or in the preparation therefor, shall not retain them longer than necessary to use them for such legal purposes.

All machines shall be stored as soon after the close of the election as possible, and the machines shall at all times be stored in * * *~~a suitable place~~ one location that is chosen by a majority of the election commissioners. The location shall be secure at all times.

SECTION 2. Section 23-15-415, Mississippi Code of 1972, is amended as follows:

23-15-415. It shall be the duty of the authorities in charge of any election where a voting machine is to be used, to have the machine at the proper polling place or places before the time fixed for opening of the polls, and the counters set at zero, and otherwise in good and proper order for use at such election. For the purpose of placing ballots in the ballot frames of the machine, putting it in order, setting, testing and adjusting and delivering the machine, the authorities in charge of elections may employ one or more competent persons, to be known as custodian or custodians of voting machines, who shall be fully competent, thoroughly instructed, and sworn to perform his duties honestly and faithfully, and for such purpose shall be appointed and instructed at least thirty (30) days before the election. Twenty-five (25) days before the election, the custodian shall visit the location where all voting machines are located and count the machines to determine whether all machines that are needed for the election are at the location chosen by the election commissioners as provided in Section 23-15-445. All voting machines to be used in an election shall be properly prepared at least three (3) days prior to the election day. When a voting machine has been properly prepared for election, it shall be locked against voting and sealed; and the keys thereof shall be delivered to the registrar, together with a written report made by the custodian or official preparing the machine, stating that it is in every way properly prepared for the election. After the voting machine has been transferred to the polling place, it shall be the duty of the managers to provide ample protection against molestation or injury to the machine. All voting machines used in any election shall be provided with a screen, hood or curtain which shall be so made and adjusted as to conceal the voter and his action while voting.

SECTION 3. This act shall take effect and be in force from and after July 1, 2014.