House Bill 922

AN ACT TO AMEND SECTION 23-15-169.4, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO CREATE RULES AND REGULATIONS THAT ALLOW UNIFORMED SERVICES VOTERS TO VOTE EARLY FOR ELECTIONS, SPECIAL ELECTIONS AND RUN-OFFS; TO BRING FORWARD SECTIONS 23-15-677, 23-15-693 AND 23-15-701, MISSISSIPPI CODE OF 1972, WHICH PROVIDE ELECTION PROCEDURES FOR UNIFORMED SERVICES AND OVERSEAS VOTERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-169.4, Mississippi Code of 1972, is amended as follows:

23-15-169.4. (1) The Secretary of State shall be responsible for providing to all absent uniformed services voters and overseas voters who wish to vote or register to vote in this state information required by the Help America Vote Act of 2002 regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections, including procedures relating to the use of the federal write-in absentee ballot.

(2) The Secretary of State shall create rules and regulations that allow uniformed services voters to vote early for elections, special elections and run-offs.

SECTION 2. Section 23-15-677, Mississippi Code of 1972, is brought forward as follows:

23-15-677. (1) All absent voters as defined in Section 23-15-673(1) and (2) may use a duly executed federal postcard application (as provided for in the Uniformed and Overseas Citizens Absentee Voting Act, 42 USCS 1973ff et seq.) to request a ballot or to register to vote, or to do both simultaneously.

(2) An absent voter who registers to vote utilizing a federal postcard application or a Federal Write-In-Absentee Ballot may vote in an election if the voter was registered to vote ten (10) or more days prior to the date of the election.

SECTION 3. Section 23-15-693, Mississippi Code of 1972, is brought forward as follows:

23-15-693. The absent voter, upon receipt of the absentee ballot, shall complete the declaration specified in the Uniformed and Overseas Citizens Absentee Voting Act, 42 USC Section 1973ff et seq.

SECTION 4. Section 23-15-701, Mississippi Code of 1972, is brought forward 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 over 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. The Secretary of State shall adopt rules describing the emergency powers and the situations in which the powers will be exercised.

SECTION 5. This act shall take effect and be in force from and after July 1, 2015.