Senate Bill 2506

AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO COMPARE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM TO THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY'S RECORDS TO ENSURE THAT NON-UNITED STATES CITIZENS ARE NOT REGISTERED TO VOTE IN THIS STATE; TO SET FORTH THE FORMS OF DOCUMENTARY EVIDENCE THAT PERSONS MAY PROVIDE TO THEIR COUNTY REGISTRARS TO PROVE CITIZENSHIP OR LAWFUL PERMANENT RESIDENCE; TO PROVIDE THAT PERSONS WHO FAIL TO PROVIDE DOCUMENTARY PROOF OF CITIZENSHIP SHALL BE REMOVED FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM AS ELIGIBLE VOTERS; TO AMEND SECTION 23-15-61, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COUNTY ELECTION COMMISSION TO ADJUDICATE APPEALS FROM PERSONS WHO ARE REMOVED FROM THE VOTER REGISTRATION ROLLS FOR FAILURE TO PROVIDE THE APPROPRIATE PROOF OF CITIZENSHIP; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Secretary of State shall compare the Statewide Elections Management System with the Mississippi Department of Public Safety's records to ensure non-United States citizens are not registered to vote in this state. The Secretary of State is authorized to compare the Statewide Elections Management System with relevant federal and state agencies and county records for the same purpose. If evidence exists that a particular registered voter is not a citizen of the United States, the Secretary of State shall notify the county registrar where the person registered to vote that the registered voter may not be a citizen of the United States.

(2) After receiving such notice, the county registrar shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. Any registered voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the county registrar. For purposes of this subsection (2), proof of citizenship includes:

(a) The voter's birth certificate or a legible photocopy of the birth certificate;

(b) A United States passport, or a legible photocopy of the pertinent pages of the passport, identifying the voter and showing the passport number;

(c) The voter's United States naturalization documentation, a legible photocopy of the naturalization documentation, or the number of the voter's certificate of naturalization; except that any person who provides the number of the certificate of naturalization in lieu of the naturalization documentation shall not be deemed to have provided proof of citizenship until the Secretary of State verifies the number with the United States Citizenship and Immigration Services in the Department of Homeland Security or its successor; or

(d) Any document or method of proof of citizenship established by the federal Immigration Reform and Control Act of 1986, Public Law 99-603, compiled in 8 USC Section 1101 et seq.

(3) If the registered voter does not provide proof of citizenship within thirty (30) days of the receipt of the notification, the registrar of the county where the person registered to vote shall remove the voter from the Statewide Elections Management System. Any registered voter who submits proof of citizenship which requires further verification by the Secretary of State with the United States Citizenship and Immigration Services may request a temporary stay on changes to his or her voter registration status from the county registrar when submitting the proof of citizenship to the county registrar. The county registrar shall take the appropriate action with respect to the voter's registration status within thirty (30) days after receiving the results of verification from the Secretary of State.

(4) In the event a person is unable to provide any documentation included in subsection (2) of this section to show proof of citizenship, the person may appeal to the county election commission of the county where the person is registered to vote and submit additional proof of citizenship in person or in writing. The county election commission shall conduct a hearing and make a finding concerning the individual's citizenship status and shall forward a copy of its decision to the county registrar of the county where the person resides. The Statewide Elections Management System shall be changed by the county registrar to accurately reflect the decision of the county election commission with respect to such voter.

(5) All documentation provided to show proof of citizenship as well as the Department of Public Safety's records or relevant federal and state agency and county records shall be confidential and shall not be available for inspection by the public.

SECTION 2. Section 23-15-61, Mississippi Code of 1972, is amended as follows:

23-15-61. (1) Any person denied the right to register as a voter or removed from the Statewide Elections Management System for failure to provide proof of citizenship as required in Section 1 of this act may appeal from the decision of the county registrar to the board of election commissioners by filing a written application for appeal with the county registrar * * *, on the same day * * *~~of the denial~~ or within five (5) days after the denial * * *~~, a written application for appeal~~ or removal.

(2) Any registered voter denied a temporary stay on changes to his or her voter registration status may appeal from the decision of the county registrar to the board of election commissioners by filing a written application for appeal with the county registrar on the same day or within five (5) days after the denial.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.