Senate Bill 2549

AN ACT TO AMEND SECTION 23-15-591, MISSISSIPPI CODE OF 1972, TO PROHIBIT PUBLIC OFFICERS, EMPLOYEES OR CONTRACTORS OF THIS STATE FROM RELEASING THE NUMBER OF VOTES CAST IN THE GENERAL ELECTION FOR THE OFFICE OF THE PRESIDENT OF THE UNITED STATES UNTIL AFTER THE TIMES SET BY LAW FOR THE MEETING AND VOTES OF THE PRESIDENTIAL ELECTORS IN ALL STATES; TO AUTHORIZE THE SECRETARY OF STATE TO RELEASE THE PERCENTAGE OF STATEWIDE VOTES CAST FOR EACH SET OF PRESIDENTIAL ELECTORS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 23-15-591, Mississippi Code of 1972, is amended as follows:

23-15-591. (1) When the votes have been completely and correctly counted and tallied by the poll managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the result, the certificate to be signed by the poll managers, one (1) of the certificates to be enclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the poll managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally of the votes have been completed, the poll managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall also be enclosed one (1) of the duplicate receipts given by the poll 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 duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the poll managers, which statement must be enclosed in the ballot box. There shall also be enclosed in the box the tally list, the receipt book containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in the receipt book.

(2) Unless a recount has been requested under this chapter, a public officer, employee, or contractor of this state or of a political subdivision of this state may not release to the public the number of votes cast in the general election for the office of the President of the United States until after the times set by law for the meetings and votes of the presidential electors in all states. After the votes for presidential electors are canvassed, the Secretary of State may release the percentage of statewide votes cast for each set of presidential electors to the nearest tenth of a percentage point, a list of presidential candidates in order of increasing or decreasing percentage of the vote received by presidential electors selected by the candidates, and the presidential candidate whose electors received the highest percentage of votes.

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