House Bill 714

AN ACT TO AMEND SECTION 23-15-513, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE NUMBER OF BALLOTS TO BE PRINTED FOR A SPECIAL ELECTION SHALL BE EITHER 125% OF THE HIGHEST NUMBER OF VOTES CAST IN A SPECIAL ELECTION CONDUCTED IN THE PRECEDING 10 YEARS OR 40% OF THE REGISTERED VOTERS ELIGIBLE TO VOTE IN THE SPECIAL ELECTION, WHICHEVER IS HIGHER; TO PROVIDE THE PROCEDURE FOR PRINTING MORE BALLOTS IF NECESSARY; TO AMEND SECTIONS 23-15-353 AND 23-15-351, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 23-15-371, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-513, Mississippi Code of 1972, is amended as follows:

23-15-513. (1) The official ballots, sample ballots and other necessary forms and supplies of the forms and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same official, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots that are to be counted manually.

(2) For each primary election, the number of official ballots that shall be printed by each executive committee shall be not less than one hundred twenty-five percent (125%) of the highest number of votes cast in a comparable primary election conducted by the same political party in the preceding ten (10) years.

(3) For each general election, the number of official ballots that shall be printed shall be a number equal to not less than sixty percent (60%) of the registered voters eligible to vote in the election.

(4) (a) For each special election, the number of official ballots that shall be printed shall be either one hundred twenty-five percent (125%) of the highest number of votes cast in a special election conducted in the preceding ten (10) years or forty percent (40%) of the registered voters eligible to vote in the special election, whichever is higher.

(b) For each special election, if two hundred (200) or less unused ballots remain, the poll manager shall immediately notify the election commission who shall determine, a reasonable number of ballots to be printed that will be sufficient for the remainder of the election day and deliver such number to the polling place.

SECTION 2. Section 23-15-353, Mississippi Code of 1972, is amended as follows:

23-15-353. (1) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he or she shall have printed and distributed a sufficient number of ballots for use in each precinct.

(2) (a) For each special election, the number of official ballots that shall be printed shall be either one hundred twenty-five percent (125%) of the highest number of votes cast in a special election conducted in the preceding ten (10) years or forty percent (40%) of the registered voters eligible to vote in the special election, whichever is higher.

(b) For each special election, if two hundred (200) or less unused ballots remain, the poll manager shall immediately notify the election commission who shall determine a reasonable number of ballots to be printed that will be sufficient for the remainder of the election day and deliver such number to the polling place.

SECTION 3. Section 23-15-351, Mississippi Code of 1972, is amended as follows:

23-15-351. Except as otherwise provided in Sections 23-15-353 and 23-15-513, it shall be the duty of the chair of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law. Except as otherwise provided in Sections 23-15-353 and 23-15-513, the printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.

SECTION 4. Section 23-15-371, Mississippi Code of 1972, is brought forward as follows:

23-15-371. In case the official ballots prepared shall be lost or destroyed, the election commissioners shall have like ballots furnished in place of those lost or destroyed, if time remain therefor. If from any cause there should be no official ballots or an insufficient number at a voting place, and not sufficient time in which to have them printed, the ballots may be written; but, if written by anyone except the voter alone for himself or herself, the names of all candidates shall be written thereon, without any mark or device by which one (1) name may be distinguished from another, and the ballots shall be marked by the voter as provided for printed ballots. If the poll manager designated fails to have the ballots at the voting place at the proper time, or if he or she fails to distribute them, the poll managers, or those of them present at the election, shall provide ballots, and select some suitable person to distribute them, who shall take the oath required of the poll managers, and distribute the ballots according to law.

SECTION 5. This act shall take effect and be in force from and after July 1, 2020.