MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Apportionment and Elections
By: Representative Denny
AN ACT TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO CLARIFY HOW SERVICE OF NOTICE SHALL BE PROVIDED TO AN OPPOSING CANDIDATE OR CANDIDATES BEFORE A BALLOT BOX MAY BE EXAMINED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) When the
returns for a box and the contents of the ballot box and the conduct of the
election thereat have been canvassed and reviewed by the county election
commission in the case of general elections or the county executive committee
in the case of primary elections, all the contents of the box required to be
placed and sealed in the ballot box by the managers shall be replaced therein
by the election commission or executive committee, as the case may be, and the
box shall be forthwith resealed and delivered to the circuit clerk, who shall
safely keep and secure the same against any tampering therewith. At any time
within twelve (12) days after the canvass and examination of the box and its
contents by the election commission or executive committee, as the case may be,
any candidate or * * * candidates authorized in writing by him shall
have the right of full examination of said box and its contents upon three (3)
days' notice of his application therefor served upon the opposing candidate or
candidates * * *. The
service of notice shall be provided to each opposing candidate or
candidates in the following manner: (i) by delivering a copy personally to
each candidate, (ii) by leaving a copy at each candidate's dwelling, (iii) by
leaving a copy at each candidate's usual place of residence with a family
member who shall be no less than sixteen (16) years of age and who resides in
the candidate's residence, (iv) by e-mail or other electronic means, with
receipt deemed upon transmission, or (v) by mailing a copy of said notice by
registered or certified mail that is addressed to the opposing candidate at
such candidate's or candidates' residence with receipt deemed mailing. If
service of notice cannot be made to any opposing candidate, then notice may be
posted on the door of each candidate's usual place of abode. If any
candidate's usual place of residence is a multi-family dwelling, a copy of the
notice must be mailed to such candidate or candidates by United States first
class mail, postage prepaid thereon. Proof of service of notice upon any
opposing candidate shall be made to the circuit clerk within three (3) days
before a full examination of the ballot box may be conducted. The
examination shall be conducted in the presence of the circuit clerk or his
deputy who shall be charged with the duty to see that none of the contents of
the box are removed from the presence of the clerk or in any way tampered
with. Upon the completion of said examination the box shall be resealed with
all its contents as theretofore. And if any contest or complaint before the
court shall arise over said box, it shall be kept intact and sealed until the
court hearing and another ballot box, if necessary, shall be furnished for the
precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.