Senate Bill 2608

AN ACT TO AMEND SECTION 23-15-423, MISSISSIPPI CODE OF 1972, TO EXCLUDE RUNOFF ELECTIONS FROM THE PROVISION THAT REQUIRES THE OFFICIALS IN CHARGE OF THE ELECTION TO UTILIZE AT LEAST 75% OF ALL THE VOTING MACHINES AVAILABLE TO THE COUNTY OR MUNICIPALITY IN EACH PRIMARY AND GENERAL ELECTION CONDUCTED UTILIZING THOSE MACHINES; TO AMEND SECTION 23-15-513, MISSISSIPPI CODE OF 1972, TO EXCLUDE RUNOFF ELECTIONS FROM THE PROVISION THAT REQUIRES THE NUMBER OF BALLOTS THAT THE OFFICIALS IN CHARGE OF THE ELECTION MUST PRINT IN GENERAL AND PRIMARY ELECTIONS CONDUCTED UTILIZING OPTICAL MARK READING SYSTEMS SHALL BE EQUAL TO NOT LESS THAN 75% OF THE REGISTERED VOTERS ELIGIBLE TO VOTE IN THE ELECTION; TO AMEND SECTION 23-15-531.6, MISSISSIPPI CODE OF 1972, TO EXCLUDE RUNOFF ELECTIONS FROM THE PROVISION THAT REQUIRES THE OFFICIALS IN CHARGE OF THE ELECTION TO UTILIZE AT LEAST 75% OF ALL OF THE DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT UNITS AVAILABLE TO THE COUNTY OR MUNICIPALITY IN EACH PRIMARY AND GENERAL ELECTION CONDUCTED UTILIZING THOSE UNITS; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 machine is 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.

(2) For each primary or general election, the officials in charge of the election shall utilize at least seventy-five percent (75%) of all the voting machines available to the county or municipality, as the case may be. This subsection shall not apply to runoff elections.

SECTION 2. Section 23-15-513, Mississippi Code of 1972, is amended as follows:

23-15-513. (1) The official ballots, sample ballots and other necessary forms and supplies of the forms and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same official, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots that are to be counted manually.

(2) For each primary or general election, the number of official ballots that shall be printed shall be a number that is equal to not less than seventy-five percent (75%) of the registered voters eligible to vote in the election. This subsection shall not apply to runoff elections.

SECTION 3. Section 23-15-531.6, Mississippi Code of 1972, is amended as follows:

23-15-531.6. (1) For each primary or general election, the officials in charge of the election shall utilize at least seventy-five percent (75%) of all the DRE units that are available to the county or municipality, as the case may be. This subsection shall not apply to runoff elections.

(2) The officials in charge of the election shall ensure the delivery of the proper DRE units to the polling places of the respective precincts at least one (1) hour before the time for opening the polls at each election and shall cause each unit to be set up in the proper manner for use in voting.

(3) The officials in charge of the election shall require that each DRE unit be thoroughly tested, inspected and sealed prior to the delivery of each DRE unit to the polling place. Prior to opening the polls each day on which the units will be used in an election, the manager shall break the seal on each unit, turn on each unit, certify that each unit is operating properly and is set to zero, and print a zero tape certifying that each unit is set to zero and shall keep or record such certification on each unit.

(4) The officials in charge of the election and poll managers shall provide ample protection against molestation of and injury to the DRE units, and, for that purpose, the officials in charge of the election and poll managers may call upon any law enforcement officer to furnish any assistance that may be necessary. It shall be the duty of any law enforcement officer to furnish assistance when so requested by the officials in charge of the election or poll manager.

(5) The officials in charge of the election, in conjunction with the governing authorities, shall, at least one (1) hour prior to the opening of the polls:

(a) Provide sufficient lighting to enable electors to read the ballot and which shall be suitable for the use of the poll managers in examining the booth and conducting their responsibilities;

(b) Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two (2) sample ballots for the primary or general election which shall be prominently posted outside the enclosed space within the polling place;

(c) Ensure that each DRE unit's tabulating mechanism is secure throughout the day during the primary or general election; and

(d) Provide such other materials and supplies as may be necessary or required by law.

SECTION 4. This act shall take effect and be in force from and after July 1, 2015.