Senate Bill 2806

AN ACT TO ESTABLISH THE MISSISSIPPI STUDENT ABSENTEE VOTER ACT; TO PROVIDE THAT MISSISSIPPI CITIZENS WHO RESIDE OUTSIDE THE COUNTY OR MUNICIPALITY OF THEIR RESIDENCE BECAUSE OF THEIR ENROLLMENT AT AN INSTITUTION OF HIGHER LEARNING MAY REQUEST AND RECEIVE AN ABSENT ELECTOR'S BALLOT; TO DEFINE THE TERM "ABSENT VOTER" UNDER THE MISSISSIPPI STUDENT ABSENTEE VOTER LAW; TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS AS MAY BE NECESSARY; TO PROVIDE THAT ABSENT VOTERS MUST USE A DULY EXECUTED MISSISSIPPI POSTCARD APPLICATION TO REQUEST AN ABSENTEE BALLOT; TO PROVIDE THAT A REQUEST FOR A ABSENTEE BALLOT SHALL SERVE AS A REQUEST FOR AN ABSENTEE BALLOT FOR EACH ELECTION HELD WITHIN THE CALENDAR YEAR FOR WHICH THE VOTER IS ELIGIBLE TO VOTE; TO AUTHORIZE THE USE OF ELECTRONIC FACSIMILE DEVICES, POSTAL MAIL AND ELECTRONIC MAIL TO TRANSMIT ABSENTEE BALLOTS, TO RECEIVE VOTED ABSENTEE BALLOTS AND TO RECEIVE COMPLETED MISSISSIPPI POSTCARD APPLICATIONS UNDER THE STUDENT ABSENTEE VOTER LAW; TO AMEND SECTION 23-15-637, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For the purposes of this subarticle, the term "absent voter" shall mean and include any person who meets the following conditions:

(a) Is qualified and registered to vote in Mississippi;

(b) Is enrolled in a college, university, community college or other such institution of higher education; and

(c) Will be absent from the municipality or county of his or her voting residence on the date of any primary, general, special or runoff election because of his or her studies at the institution.

(2) Nothing in this subarticle shall suspend the voter registration deadlines otherwise provided by law.

SECTION 2. (1) All absent voters as defined in Section (1) of this act must use a duly executed Mississippi Student Postcard Application to request a ballot and to vote in the manner provided in this subarticle.

(2) The following shall be established by rule duly adopted by the Secretary of State:

(a) The official form and instructions for the Mississippi Student Postcard Application, including the penalties for vote fraud;

(b) Procedures that allow an absent voter to designate whether he or she will receive ballots and balloting materials by mail, facsimile device (FAX) or electronic mail delivery (email) and to change this designation;

(d) The method of submitting, cancelling and updating an absent voter's application to receive absentee ballots in the manner provided in this subarticle;

(e) The reasons for which a registrar may reject an application submitted under this subarticle; and

(f) Instructions on how absent voters may comply with the voter identification requirements of Section 23-15-563.

SECTION 3. The official student absentee voter ballots shall be prepared and printed in the same form and shall be of the same size and texture as the regular official ballot except that they shall be printed on tinted paper of a tint different from that of the regular official ballot.

SECTION 4. Except as otherwise provided in this subarticle, all official student absentee ballots shall be sent out and returned in envelopes on which there is printed across the face two (2) parallel horizontal bars, each one-fourth (1/4) of an inch wide, extending from one side of the envelope to the other side, with an intervening space of one-fourth (1/4) of an inch, the top bar to be one and one-fourth (1-1/4) inches from the top of the envelope, and with the words "OFFICIAL ELECTION BALLOTING MATERIAL-VIA AIR MAIL" between the bars. In the upper right corner of each such envelope there shall be printed in a box the words "FREE OF U.S. POSTAGE, INCLUDING AIR MAIL." All printing on the face of such envelopes shall be in black, and there shall be printed in black in the upper left corner of all such ballot envelopes an appropriate inscription for the return address of the sender.

SECTION 5. In any election, as soon as the deadline for the qualification of candidates has passed, or forty-five (45) days prior to the election, whichever is later, student absentee ballots shall be prepared and printed for the elections, and both of said ballots shall have printed thereon the names of all candidates who originally qualify as candidates. However, such ballots shall be printed on paper of different tints or colors and shall be styled so as to show which ballot is to be used for the first election and which ballot is to be used for the second election. When the proper application is made and approved as is otherwise provided herein, the registrar shall send to the absent voter the proper absent voter ballots for the elections as is otherwise provided herein, and with such ballots there shall be sent also separate official envelopes for the return thereof. No additional ballot shall be thereafter sent to the absent voter for the second election, but the absent voter shall ascertain which of the candidates who originally qualified are candidates in the second election and he or she may vote for his choice between them on the second election ballot previously sent him. If an absentee voter shall vote for any candidate on the second election ballot who is not a candidate in the second election, his vote for that office shall be disregarded.

SECTION 6. (1) A person must submit an application at least forty-five (45) days before any election in which he or she intends to vote in the manner provided in this subarticle. The date of approval to vote by absentee ballot shall be the date the application was initially received by the registrar or, if submitted by mail, the postmark date, regardless of the date on which the registrar makes a final determination on the application.

(2) The registrar shall process the application within fourteen (14) days of receipt and shall notify the applicant of the status of his or her application.

(3) If the registrar rejects an application for a student absentee ballot, the registrar shall provide the person with the reasons for the rejection.

(4) If the application is approved, the registrar shall send to the absent voter on whose behalf the application is made, the proper affidavit and the proper ballot or ballots applicable to the elections. Such information shall be processed through the Statewide Election Management System.

(5) One (1) approved application for a student absentee ballot shall serve as a request by the applicant for an absentee ballot for:

(a) The next federal general election, including all primary and runoff elections associated with the election; and

(b) All state and county primary, general, special and runoff elections that occur after the receipt of the application by the registrar through the date of the next federal general election that occurs after the receipt and approval of the application by the registrar.

(6) The registrar shall preserve all applications for absentee ballots for one (1) year as a record to be furnished to any court or other duly constituted authority for inspection or evidence if properly requested.

SECTION 7. Within forty-five (45) days next prior to any election upon application first made to the registrar of the county by any absent voter as defined in Section 1 of this subarticle, such person shall be sent an absentee voter ballot of the county of which he or she is a citizen and resident. The registrar shall send to the absent voter a proper absentee voter ballot containing the names of all candidates who qualify or the proposition to be voted upon in such elections, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.

SECTION 8. (1) As soon as possible after the printing of the official absentee ballot for any election, the registrar of the county shall send, the official absentee voter ballot or ballots provided for in Section 6 of this act and the instructions for voting and returning the ballot. If the ballot is sent by mail, the registrar shall send a self-addressed envelope or envelopes with the ballot and the instructions.

(2) If the ballot is sent by mail, the gummed flap of the envelope provided for the return of the ballot must be separated by wax paper or other appropriate protective insert from the remaining balloting material. The voting instructions shall require a notation of the facts on the back of the envelope duly signed by the voter.

(3) If applicable, the instructions shall indicate that the ballot shall be marked in ink or indelible pencil.

SECTION 9. (1) The absent voter, upon receipt of the absentee ballot, shall complete any affidavit or any other such certification as may be required by rule duly promulgated by the Secretary of State.

(2) When the absentee ballot has been voted and the envelope sealed, signed and certified as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar.

SECTION 10. (1) Absent voters who have requested to receive absentee ballots and balloting materials may choose to receive such ballots and balloting materials by mail, facsimile device (FAX) or electronic mail delivery (email).

(2) Consistent with the choice that the absent voter exercises pursuant to subsection (1) of this section, the registrar shall, in addition to mail, be authorized to use electronic facsimile (FAX) devices and electronic mail delivery (email) to transmit balloting materials and absentee ballots. If the absent voter does not indicate a preference, delivery of such information shall be by mail.

(3) The registrar is authorized to receive by electronic facsimile (FAX) devices, electronic mail delivery (email) and any other method designated by the Secretary of State:

(a) Voted absentee ballots;

(b) Any affidavit or other such certification as may be required by rule duly promulgated by the Secretary of State; and

(4) Once the registrar has received a voted absentee ballot pursuant to this section, he shall place the ballot in an absentee ballot envelope designated for absentee ballots under this subarticle and fill out the required information on the envelope. The registrar shall then notate on the envelope that the ballot was received under this section and a signature across the flap of the envelope shall not be required. Except as provided in this section, absentee ballots received under this subsection shall be treated in the same manner as other absentee ballots received under this subarticle.

(5) Access to voted absentee ballots before they are placed in an absentee ballot envelope shall be strictly limited to election officials who must process the ballot and any election official who views the ballots before they are placed in the envelope shall have the duty to protect the secrecy of the ballot choices; however, the failure of an election official to comply with this subsection shall not invalidate the ballot.

(6) Each circuit clerk shall furnish a suitable electronic mail delivery (email) address that can be used to allow absent voters to comply with the provisions of this subarticle. Absentee ballots returned by any absent voter as defined in Section 1 of this act must be received by the registrar by 7:00 p.m. on the date of the election.

SECTION 11. The Secretary of State shall adopt such rules which are necessary and essential to implement this subarticle. The Secretary of State shall furnish the Legislature with a copy of such rules sixty (60) days after adoption by the Secretary of State.

SECTION 12. Section 23-15-637, Mississippi Code of 1972, is amended as follows:

23-15-637. Absentee ballots received by mail, except presidential ballots as provided for in Sections 23-15-731 and 23-15-733 and except as otherwise provided by Section 23-15-699 and Section 1 of this act, must be received by the registrar by 5:00 p.m. on the date preceding the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast not later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days. The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.

SECTION 13. This act shall take effect and be in force from and after July 1, 2019.