MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Apportionment and Elections; Revenue and Expenditure General Bills
By: Representative Denny
AN ACT TO AMEND SECTIONS 23-15-153 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO INCREASE THE PER DIEM PAID TO ELECTION COMMISSIONERS FOR THE PERFORMANCE OF THEIR DUTIES ON NONELECTION DAYS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At the
following times, the * * * election commissioners 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 * * * before the first primary
election for members of * * * Congress in the years when members
of * * *
Congress are elected;
(c) On the first
Monday in the month immediately * * * before 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 * * * before 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 * * *
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) Except as provided in
this section, and subject to the following annual limitations, the * * *
election commissioners shall
be entitled to receive a per diem in the amount of * * * One
Hundred Dollars ($100.00), to be paid from the county general fund, for
every day or period of no less than five (5) hours accumulated over two (2) or
more days actually employed 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:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the
number of days authorized in subsection (2) of this section, the board of
supervisors of a county may authorize, in its discretion, the * * *
election commissioners to
receive a per diem in the amount provided for in subsection (2) of this
section, to be paid from the county general fund, for every day or period of no
less than five (5) hours accumulated over two (2) or more days actually
employed 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, for not to exceed five (5) days.
(4) (a) The * * * election
commissioners shall be
entitled to receive a per diem in the amount of * * * One
Hundred Dollars ($100.00), to be paid from the county general fund, not to
exceed ten (10) days for every day or period of no less than five (5) hours
accumulated over two (2) or more days actually employed in the performance of their
duties for the necessary time spent in the revision of the registration books
and pollbooks * * *
before any special election. For purposes of this paragraph, the regular special election day
shall not be considered a special election. The annual limitations set forth
in subsection (2) of this section shall not apply to this paragraph.
(b) The * * * election commissioners shall be entitled to receive a per
diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the
county general fund, for the performance of their duties on the day of any
general or special election. The annual limitations set forth in subsection
(2) of this section shall apply to this paragraph.
(5) The * * *
election commissioners shall
be entitled to receive a per diem in the amount of * * * One
Hundred Dollars ($100.00), to be paid from the county general fund, not to
exceed fourteen (14) days for every day or period of no less than five (5)
hours accumulated over two (2) or more days actually employed in the
performance of their duties for the necessary 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 * * *
election commissioners shall
be entitled to receive only one (1) per diem payment for those days when the * * *
election commissioners discharge
more than one (1) duty or responsibility on the same day.
(7) The county registrar
shall prepare the pollbooks and the county * * * election
commissioners 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 * * * election commissioners and the county registrar shall be
paid by each municipality for the actual cost of preparing registration books
and pollbooks for the municipality and shall pay each county * * *
election commissioner a
per diem in the amount provided for in subsection (2) of this section for each
day or period of not less than five (5) hours accumulated over two (2) or more
days the commissioners are actually employed in preparing the registration
books for the municipality, not to exceed five (5) days. The county * * *
election commissioners 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 * * * Elections Management
System and print its own pollbooks using this information; however, county * * *
election commissioners shall
remain responsible for preparing registration books for municipalities and
shall be paid for this duty in accordance with this subsection.
(8) County * * *
election commissioners 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 receive per diem as provided for in
subsection (2) of this section. The days that county * * *
election commissioners are
employed in the conduct of a primary election shall be treated the same as days
county * * * election commissioners are employed in the conduct of
other elections.
(9) In addition to any per
diem authorized by this section, any * * * election
commissioner shall be
entitled to the mileage reimbursement rate allowable to federal employees for
the use of a privately owned vehicle while on official travel on election day.
(10) Every * * *
election commissioner 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. The commissioner's signature is, as a matter of
law, made under the commissioner's oath of office and under penalties of
perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED
X * * * $100.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $150.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am
signing this document under my oath as an * * * election
commissioner and under
penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____day of ______________, ____.
________________________
Commissioner's Signature
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.
Any person may contest the
accuracy of the certification in any respect by notifying the * * * chair of the commission, any
member of the board of supervisors or the clerk of the board of supervisors of * * * the contest at any time before or
after payment is made. If the contest is made before payment is made, no
payment shall be made as to the contested certificate until the contest is
finally disposed of. The person filing the contest shall be entitled to a full
hearing, and the clerk of the board of supervisors shall issue subpoenas upon
request of the contestor compelling the attendance of witnesses and production
of documents and things. The contestor shall have the right to appeal de novo
to the circuit court of the involved county, which appeal must be perfected
within thirty (30) days from a final decision of the commission, the clerk of
the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
(11) Any * * *
election commissioner who
has not received a certificate issued by the Secretary of State pursuant to
Section 23-15-211 indicating that the * * * election commissioner
has received the required
elections seminar instruction and that the * * * election
commissioner is fully
qualified to conduct an election, shall not receive any compensation authorized
by this section * * * or Section 23-15-239.
SECTION 2. 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 * * *
election commissioners 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 * * * before each election, training
sessions to instruct poll managers as to their duties in the proper
administration of the election and the operation of the polling place. No poll
manager shall serve in any election unless he or she has received * * * the instructions once during the
twelve (12) months immediately * * * before the date upon which * * * the election is held; however,
nothing in this section shall prevent the appointment of an alternate poll
manager to fill a vacancy in case of an emergency. The county executive
committee or the * * * election commissioners, as appropriate, shall train a
sufficient number of alternates to serve in the event a poll manager is
unable to serve for any reason.
(b) The executive committee
of each county, in the case of a primary election, or the * * *
election commissioners 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 poll managers that meets criteria that the Secretary of State shall
prescribe. Poll 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 poll 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 * * *
election commissioners,
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 * * * chair of the county executive
committee and the circuit clerk or the * * * chair 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 * * * the 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 * * *
chair of the municipal executive committee and the municipal clerk or
the * * *
chair 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 * * * the agreement.
(3) The board of
supervisors and the municipal governing authority, in their discretion, may
compensate poll managers who attend * * * these 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. Poll 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) Subject to the
following annual limitations, the * * * election
commissioners shall be
entitled to receive a per diem in the amount of * * * One
Hundred Dollars ($100.00), to be paid from the county general fund, for
every day or period of no less than five (5) hours accumulated over two (2) or
more days actually employed in the performance of their duties for the
necessary time spent in conducting training sessions as required by this
section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than eight (8) days per year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than ten (10) days per year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than twelve (12) days per year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than fifteen (15) days per year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than eighteen (18) days per year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than nineteen (19) days per year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than twenty-two (22) days per year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than thirteen (13) days per year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than fourteen (14) days per year.
(6) * * *
Election commissioners shall
claim the per diem authorized in subsection (5) of this section in the manner
provided for in Section 23-15-153(6).
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.