Senate Bill 2016

AN ACT TO CODIFY SECTION 23-15-153.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE SECRETARY OF STATE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING TO COMPARE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM (SEMS) WITH PUBLIC RECORDS TO ENSURE NON-UNITED STATES CITIZENS ARE NOT REGISTERED TO VOTE IN THIS STATE, TO PROVIDE THAT IF EVIDENCE EXISTS THAT A PARTICULAR REGISTERED VOTER IS NOT A CITIZEN, THE SYSTEM SHALL NOTIFY THE REGISTRAR WHO SHALL NOTIFY THE REGISTERED VOTER TO PROVIDE PROOF OF CITIZENSHIP, TO PRESCRIBE CRITERIA FOR PROOF OF CITIZENSHIP, TO PROVIDE THAT IF THE VOTER DOES NOT PROVIDE SUCH PROOF, THE REGISTRAR SHALL PURGE HIS NAME FROM THE SYSTEM, TO PROVIDE FOR AN APPEAL FROM SUCH DECISION, AND TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 23-15-153.1, Mississippi Code of 1972:

23-15-153.1 Voter's proof of citizenship. (1) The Statewide Elections Management System shall be compared with the state's identification databases to ensure non-United States citizens are not registered to vote in this state. The Secretary of State is authorized to enter into a memorandum of understanding 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 Statewide Elections Management System shall notify the registrar, or his or her designee, 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 registrar, or his or her designee, 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 registrar or his or her designee. 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 U.S.C. 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, or his or her designee, where the person registered to vote shall purge the voter from the Statewide Elections Management System.

(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 Board of Election Commissioners of the county in which he or she attempted to register and submit additional proof of citizenship in person or in writing. The Board of Election Commissioners shall conduct a hearing and make a finding concerning the individual's citizenship status and shall forward a copy of their decision to the registrar, or his or her designee, of the county where the person resides as established in Section 23-15-61, Mississippi Code of 1972. The Statewide Elections Management System shall be changed by the registrar, or his or her designee, to accurately reflect the decision of the Board of Election Commissioners with respect to such voter.

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

(6) The Secretary of State shall adopt rules and regulations for the administration of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.