Senate Bill 2495

AN ACT TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROCEDURE FOR THE EXAMINATION OF BALLOT BOXES AND OTHER ELECTION RECORDS; TO AMEND SECTIONS 23-15-921 AND 23-15-923, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CANDIDATE MUST FILE A PETITION TO CONTEST AN ELECTION WITHIN A CERTAIN NUMBER OF DAYS AFTER CERTIFICATION OF THE ELECTION RESULTS BY THE COUNTY OR STATE EXECUTIVE COMMITTEE; TO AMEND SECTION 23-15-591, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE MARKED POLLBOOK BE INCLUDED IN THE BALLOT BOX; 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. * * *

(2) Any candidate or his representative authorized in writing by him shall have the right of full examination of * * *~~said box and its contents~~ the ballot box, its contents, marked pollbooks, voting machines and any other document used to record the election results or proceedings upon three (3) days' notice of his application therefor. Notice must be served upon the circuit clerk and either any opposing candidate * * * ~~or candidates,~~ or * * * ~~upon~~ any member of * * *~~their~~ an opposing candidate's family over the age of eighteen (18) years * * *~~, which~~. A candidate or his authorized representative must exercise the right of examination within the applicable period of time after certification of the election results by the election commission or executive committee, as the case may be, as follows:

(a) In the case of an election for any county, county district or single county legislative office, at any time within ten (10) days after certification of the election results;

(b) In the case of an election for any state district or multicounty legislative office, at any time within fourteen (14) days after certification of the election results; or

(c) In the case of an election for any statewide office, at any time within twenty-one (21) days after certification of the election results;

(3) Examination of election records under this section shall not be governed by the Mississippi Public Records Act but 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 ballot box or other election records 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.

( * * *24) The provisions of this section allowing the examination of ballot boxes, pollbooks and other election records 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. Section 23-15-921, Mississippi Code of 1972, is amended as follows:

23-15-921. Except as otherwise provided by Section 23-15-961, a person desiring to contest the election of another person returned as the nominee of the party to any * * * county, county district or single county legislative office, may, within twenty (20) days after certification of the primary election results by the county executive committee, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the executive committee to assemble by call of the chairman or three (3) members of said committee, notice of which contest shall be served five (5) days before said meeting, and after notifying all parties concerned proceed to investigate the grounds upon which the election is contested and, by majority vote of members present, declare the true results of such primary.

SECTION 3. Section 23-15-923, Mississippi Code of 1972, is amended as follows:

23-15-923. (1) Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee in * * * any state district or multicounty legislative office, may, within thirty (30) days after certification of the election results by the State Executive Committee, file a petition with the Chairman of the State Executive Committee * * *~~, by petition,~~ reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee. The State Executive Committee by majority vote of members present shall declare the true results of such primary within ten (10) days after the petition is filed.

(2) Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee to any statewide office, may, within forty (40) days after certification of the election results by the State Executive Committee, file a petition with the chairman of the State Executive Committee reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee. The State Executive Committee by majority vote of members present shall declare the true results of such primary within ten (10) days after the petition is filed.

SECTION 4. Section 23-15-591, Mississippi Code of 1972, is amended as follows:

23-15-591. When the votes have been completely and correctly counted and tallied by the managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the said result, said certificate to be signed by the managers and clerks, one (1) of the certificates to be * * * ~~inclosed~~ enclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally thereof have been completed, the managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall be * * * ~~inclosed~~ enclosed therein also one (1) of the duplicate receipts given by the manager who received the blank ballots received for that box; and the total ballots voted, and the spoiled ballots and the unused ballots must correspond in total with the said duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the managers, which statement must be * * * ~~inclosed~~ enclosed in the ballot box. There shall be also * * * ~~inclosed~~ enclosed in said box the tally list, the receipt booklet containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in said receipt booklet. There shall also be enclosed in said box the record of votes from all voting machines used in the precinct and the original marked pollbook, and the number of ballots voted must correspond with the number of names that have been marked "VOTED" in the pollbook.

SECTION 5. This act shall take effect and be in force from and after July 1, 2017.