House Bill 992

AN ACT TO AMEND SECTIONS 23-15-405 AND 23-15-423, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A GREATER NUMBER OF VOTING MACHINES BE USED IN PRECINCTS WITH A GREATER NUMBER OF REGISTERED VOTERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-405, Mississippi Code of 1972, is amended as follows:

23-15-405. Whenever the board of supervisors of any county or the governing authorities of any municipality shall purchase or rent voting machines that meet the requirements of this article, such voting machines may be used at all elections held in such county or municipality, or in any part thereof, for voting, registering and counting votes cast at such elections. In providing voting machines, the board of supervisors is hereby empowered to purchase or rent voting machines for each voting precinct in the entire county, including those located within the municipality, or, in the discretion of the board, voting machines may be purchased or rented only for those voting precincts located outside the limits of the municipalities located in said county. The board of supervisors of any county and the governing authorities of any municipality may jointly purchase or rent voting machines for all of the voting precincts in the entire county. Voting machines shall be purchased in a number that is directly in proportion to the number of voters in the precinct. Whenever voting machines have been purchased or rented by either the board of supervisors or the governing authorities of a municipality, for use at voting precincts within the county or within the municipality, said voting machines may be used at said voting precincts in all elections, and the officials in charge of the election to be held shall cause the voting machines to be prepared and used at such election as provided for herein. The number of voting machines to be used in each voting precinct must be in direct proportion to the number of voters registered in the precinct, with a greater number of voting machines to be used in voting precincts in which a greater number of voters are registered. Guidelines for the number of machines to be used for a specific designated number of voters within each precinct shall be provided by the Secretary of State. Voting machines of different kinds may be adopted for different counties within the state.

Voting machines may be used in combination with paper ballots in any election at the discretion of and under rules and regulations set up by the officials in charge of the election.

SECTION 2. Section 23-15-423, Mississippi Code of 1972, is amended as follows:

23-15-423. (1) Voting precincts in which voting machines are to be used may be altered, divided or combined so as to provide that each voting precinct in which * * *~~the~~ machines * * * isare to be used shall contain, as nearly as may be, five hundred (500) voters, and that each voting precinct in which two (2) machines are to be used shall contain, as nearly as may be, one thousand (1,000) voters, and that each voting precinct in which three (3) machines are to be used shall contain, as nearly as may be, one thousand five hundred (1,500) voters; however, nothing in this subsection shall prevent any voting precinct from containing a greater number than above. The number of voting machines to be used in each voting precinct must be in direct proportion to the number of voters registered in the precinct, with a greater number of voting machines to be used in voting precincts in which a greater number of voters are registered. Guidelines for the number of machines to be used for a specific designated number of voters within each precinct shall be provided by the Secretary of State.

(2) For each primary or general election, the officials in charge of the election shall utilize at least * * * ~~seventy‑five percent (75%)~~eighty percent (80%) of all the voting machines available to the county or municipality, as the case may be.

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