MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Elections; Accountability, Efficiency, Transparency
By: Senator(s) Blount
AN ACT TO PROVIDE THAT COMMISSIONERS OF ELECTION SHALL BE CONSIDERED EMPLOYEES OF THE COUNTY; TO PROVIDE THAT THE SALARY OF A COMMISSIONER OF ELECTION SHALL BE A PERCENTAGE OF THE SALARY OF A MEMBER OF THE BOARD OF SUPERVISORS; TO AMEND SECTIONS 23-15-137, 23-15-153, 23-15-211, 23-15-225 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-137, Mississippi Code of 1972, is amended as follows:
23-15-137. (1) If the governing authorities of a municipality determine that revision of the registration books and pollbooks can be performed more effectively and efficiently utilizing the authority granted in this section, then such governing authorities may contract with the commissioners of election of the county or counties in which the municipality is located to provide the municipal registrar of such municipality with registration books and pollbooks containing only the duly qualified electors of such municipality. The registration books and pollbooks provided pursuant to this section may be used to conduct any municipal election in such municipality. By adopting the registration books and pollbooks so provided, the municipal commissioners of election shall be deemed to have met any requirements to revise such books which are imposed upon such commissioners by Mississippi law.
(2) In addition to any
meeting otherwise authorized by law, the county commissioners of election may
meet to prepare the registration and pollbooks of each municipality pursuant to
a contract authorized pursuant to subsection (1) of this section. Each
municipality shall compensate the county commissioners of election for the
actual cost of preparing such registration books and pollbooks for the
municipality and shall pay each county commissioner of election * * * as agreed in the contract authorized pursuant to subsection
(1) of this section. The county commissioners of election shall not receive
any compensation for the preparation of registration books and pollbooks
pursuant to subsection (1) other than that provided for in this subsection.
SECTION 2. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the following times, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase from those books the names of all persons erroneously on the books, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for congressmen in the years when congressmen are elected;
(c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
(d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.
Except for the names of those persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook.
(2) * * * The commissioners of election shall
be entitled * * *
to be paid from the county general fund * * * a salary
for the necessary time spent in the performance of their duties in the
conduct of an election or * * * actually employed in the performance of their duties for the necessary
time spent in the revision of the registration books and pollbooks
as required in subsection (1) of this section * * *.
* * *
(3) In addition to the * * * salary authorized in
subsection (2) of this section, the board of supervisors of a county may
authorize, in its discretion, the commissioners of election to receive * * * additional compensation determined by the board,
to be paid from the county general fund, for * * * the time spent in the
performance of their duties as required in subsection (1) of this section * * *.
(4) (a) The commissioners of election shall be entitled to * * * be compensated from the county
general fund * * * for the time spent in the
revision of the registration books and pollbooks prior to any special
election. For purposes of this paragraph,
the regular special election day shall not be considered a special election. * * *
(b) The commissioners of election shall be entitled to * * * be compensated from the county
general fund, for the performance of their duties on the day of any general or
special election. * * *
(5) The commissioners of
election shall be entitled to * * * be compensated from the county
general fund * * * for the time
spent in the revision of the registration books, pollbooks and in the conduct
of a runoff election following either a general or special election.
(6) The commissioners of
election shall not be entitled to receive * * * extra compensation
for those days when the commissioners of election discharge more than one (1)
duty or responsibility on the same day.
(7) The county registrar
shall prepare the pollbooks and the county commissioners of election shall
prepare the registration books of each municipality located within the county
pursuant to an agreement between the county and each municipality in the
county. The county commissioners of election and the county registrar shall be
paid by each municipality for the actual cost of preparing registration books
and pollbooks for the municipality and the municipality shall pay a
portion of the salary of each county commissioner of election * * * for
the time actually employed in preparing the registration books for the
municipality * * *. The county commissioners of election and
county registrar shall provide copies of the registration books and pollbooks
to the municipal clerk of each municipality in the county. The municipality
shall pay the county registrar for preparing and printing the pollbooks. A
municipality may secure "read only" access to the Statewide
Centralized Voter System and print its own pollbooks using this information;
however, county commissioners of election shall remain responsible for
preparing registration books for municipalities and shall be paid for this duty * * *.
(8) County commissioners of
election who perform the duties of an executive committee with regard to the
conduct of a primary election under a written agreement authorized by law to be
entered into with an executive committee shall * * * be compensated as provided in the written agreement.
The days that county commissioners of election are employed in the conduct of a
primary election shall be treated the same as days county commissioners of
election are employed in the conduct of other elections.
(9) Every commissioner of
election shall sign personally a certification setting forth the number of
hours actually worked in the performance of the commissioner's official duties
and for which the commissioner seeks compensation. The certification must be
on a form as prescribed * * * in this subsection by the county board of supervisors.
The commissioner's signature is, as a matter of law, made under the
commissioner's oath of office and under penalties of perjury.
* * *
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
* * *
(10) Any commissioner of
election who has not received a certificate issued by the Secretary of State
pursuant to Section 23-15-211 indicating that the commissioner of election has
received the required elections seminar instruction and that the commissioner
of election is fully qualified to conduct an election, shall not receive any
compensation * * *.
SECTION 3. Section 23-15-211, Mississippi Code of 1972, is amended as follows:
23-15-211. (1) There shall be:
(a) A State Board of Election Commissioners to consist of the Governor, the Secretary of State and the Attorney General, any two (2) of whom may perform the duties required of the board;
(b) A board of election commissioners in each county to consist of five (5) persons who are electors in the county in which they are to act; and
(c) A registrar in each county who shall be the clerk of the circuit court, unless he shall be shown to be an improper person to register the names of the electors in the county.
(2) The board of
supervisors of each county shall pay members of the county election commission
for attending training events * * *;
however, except as otherwise provided in this section, * * * an election
commissioner shall not be paid for more than twelve (12) days of
training per year and shall only be paid * * * for
actually * * * attending and completing a training event and * * * obtaining a training
certificate.
(3) Included in this twelve (12) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and chairpersons of each political party executive committee, or their designee, shall be required to attend.
(4) Each participant shall receive a certificate from the Secretary of State indicating that the named participant has received the elections training seminar instruction and that each participant is fully qualified to conduct an election. Commissioners of election shall annually file the certificate with the chancery clerk. If any commissioner of election shall fail to file the certificate by April 30 of each year, his office shall be vacated, absent exigent circumstances as determined by the board of supervisors and consistent with the facts. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Prior to declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.
(5) The Secretary of State,
upon approval of the board of supervisors, may authorize not more than eight
(8) additional training days per year for commissioners of election in one or
more counties. The board of supervisors of each county shall pay members of
the county election commission for attending training on these days * * *.
(6) The Secretary of State shall develop a single, comprehensive poll worker training program to assist local election officials in providing uniform, secure elections throughout the state. The program shall include, at a minimum, training on all state and federal election laws and procedures.
(7) The Secretary of State shall develop, in conjunction with the Mississippi Community College Board:
(a) A computer skills training course for all newly elected circuit clerks that shall be completed within one hundred eighty (180) days of the commencement of their term of office; and
(b) A computer skills refresher course for all serving circuit clerks that shall be completed within one hundred eighty (180) days of the commencement of every odd-numbered term of service.
SECTION 4. Section 23-15-225, Mississippi Code of 1972, is amended as follows:
23-15-225. (1) The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:
(a) For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Twenty-nine Thousand Nine Hundred Dollars ($29,900.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-five Thousand Three Hundred Dollars ($25,300.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(c) For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-three Thousand Dollars ($23,000.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(d) For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty Thousand Seven Hundred Dollars ($20,700.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand One Hundred Dollars ($16,100.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
(g) For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Thirteen Thousand Eight Hundred Dollars ($13,800.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(h) For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
(i) For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) but not less than Six Thousand Three Hundred Twenty-five Dollars ($6,325.00).
(j) For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
(2) In the event of a reregistration within such county, or a redistricting which necessitates the hiring of additional deputy registrars, the board of supervisors may by contract compensate the county registrar amounts in addition to the sums prescribed herein, in its discretion.
(3) As compensation for
their services in assisting the county election commissioners in performance of
their duties in the revision of the registration books and the pollbooks of the
several voting precincts of the several counties and in assisting the election
commissioners, executive committees or boards of supervisors in connection with
any election, the registrar shall * * * be
compensated from the general fund of the county in an amount to be determined
by the board of supervisors of the county.
(4) In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
(5) The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Five Hundred Dollars ($2,500.00) per year. This payment shall be for the performance of his duties in regard to the conduct of elections and the performance of his other duties.
(6) The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality's governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
(7) The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his services equal to the limitation on compensation prescribed in Section 9-1-43.
SECTION 5. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
23-15-239. (1) (a) The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct, not less than five (5) days prior to each election, training sessions to instruct managers as to their duties in the proper administration of the election and the operation of the polling place. No manager shall serve in any election unless he has received such instructions once during the twelve (12) months immediately preceding the date upon which such election is held; however, nothing in this section shall prevent the appointment of an alternate manager to fill a vacancy in case of an emergency. The county executive committee or the commissioners of election, as appropriate, shall train a sufficient number of alternates to serve in the event a manager is unable to serve for any reason.
(b) The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct annually an eight-hour training course for managers that meets criteria that the Secretary of State shall prescribe. Managers shall be required to attend this course every four (4) years from August 7, 2008. The Secretary of State shall develop a version of the course that may be taken by managers over the Internet. Training courses, including, but not limited to, online training courses, that meet criteria prescribed by the Secretary of State and are not sponsored or conducted by the executive committee or the commissioners of election, may be utilized to meet the requirements of this paragraph if the training course is approved by the Secretary of State.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the county executive committee and the circuit clerk or the chairman of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chairman of the municipal executive committee and the municipal clerk or the chairman of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
(3) The board of supervisors, in their discretion, may compensate managers who attend such training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
(5) * * *
The commissioners of election shall be entitled to * * * be compensated from the county
general fund, * * * for
the necessary time spent in conducting training sessions as required by this
section * * *.
* * *
SECTION 6. (1) The salaries of the commissioners of election of the county are fixed as full compensation for their services. The annual salary of each commissioner shall be based upon the total assessed valuation of his respective county as described in Section 25-3-13 and for an amount that is twenty-five percent (25%) of the salary of a board of supervisors member.
(2) The annual salary established for the commissioners of election shall not be reduced as a result of a reduction in total assessed valuation.
(3) The salary of the commissioners of election shall not be increased under this section until the board of supervisors shall have passed a resolution stating the amount of the increase and spread it on its minutes.
SECTION 7. This act shall take effect and be in force from and after July 1, 2016.