MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Apportionment and Elections
By: Representative Osborne
AN ACT TO CREATE THE "MISSISSIPPI VOTER PROTECTION ACT"; TO CREATE BANS ON VOTER INTIMIDATION AND VOTER SUPPRESSION; TO CREATE A VOTER'S BILL OF RIGHTS AND REQUIRE TO BE POSTED AT EVERY POLLING PLACE, TO BE INCLUDED WITH EVERY DISTRIBUTION OF OFFICIAL SAMPLE BALLOTS AND TO BE OFFERED TO VOTERS AT POLLING PLACES; TO REQUIRE THE SECRETARY OF STATE TO CREATE A MANUAL OF UNIFORM POLLING PLACE PROCEDURES AND ADOPT THE MANUAL BY REGULATION; TO BRING FORWARD SECTIONS 97-13-37 AND 97-13-39, 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. This act shall be known and may be cited as the "Mississippi Voter Protection Act."
SECTION 2. (1) The Legislature finds that:
(a) Mississippi has a history of voter suppression and discrimination. Recent elections have exposed serious flaws in our nation's voting systems. Across the nation, millions of registered voters who wanted to vote were turned away or discouraged from voting due to voter intimidation and suppression tactics, as well as through communications failures and mistakes.
(b) In Mississippi, it is the policy to encourage as many registered voters as possible to vote and it is the policy of the State of Mississippi to discourage anyone from using any means to intimidate registered voters in an effort to prevent them from casting a legal vote.
(c) In order to protect the right to vote for all its citizens, it is the intention of this legislation to ban voter intimidation and voter suppression, establish a voter's bill of rights, and provide election officials and voters a manual of election procedures.
(2) This law is enacted to protect and enhance the most basic right in a democracy, that all qualified adults are guaranteed the right to vote.
SECTION 3. (1) The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Board" means the State Board of Election Commissioners.
(b) "Election" means any federal, state or local election held in the state.
(c) "Local election supervisor" means a person or group of persons directing the conduct of elections for any city or county.
(d) "Election official" means a person or group of persons directing the conduct of elections at the precinct, county or statewide level.
(2) (a) Voter intimidation. A person is guilty of voter intimidation if he or she uses or threatens force, violence or any tactic of coercion or intimidation to induce or compel any other person to:
(i) Vote or refrain from voting;
(ii) Vote or refrain from voting for any particular candidate or ballot measure; or
(iii) Refrain from registering to vote.
(b) Voter suppression. A person is guilty of voter suppression if he or she knowingly attempts to prevent or deter another person from voting or registering to vote based on fraudulent, deceptive or spurious grounds or information. Voter suppression includes, but is not limited to, the following:
(i) Challenging another person's right to register to vote or to vote based on knowingly false information;
(ii) Attempting to induce another person to refrain from registering to vote or voting by providing that person with knowingly false information; or
(iii) Attempting to induce another person to refrain from registering to vote or voting at the proper place or time by providing that person with knowingly false information about the date, time, place or manner of the election.
(3) (a) Voter's Bill of Rights. Local election officials shall post a voter's bill of rights at every polling place, include it with every distribution of official sample ballots and offer it to voters at polling places, in accordance with procedures approved by the board. The text of this document shall be:
"VOTER'S BILL OF RIGHTS
Every registered voter in this state has the right to:
1. Inspect a sample ballot before voting.
2. Cast a ballot if he or she is in line when the polls are closing.
3. Ask for and receive assistance in voting, including assistance in languages other than English where required by federal or state law.
4. Receive a replacement ballot if he or she makes a mistake before the ballot is cast, where paper ballots are used.
5. Cast an affidavit ballot if his or her eligibility to vote is in question.
6. Vote free from coercion or intimidation by election officials or any other person.
7. Cast a ballot using voting equipment that accurately counts all votes."
(b) In any political subdivision or precinct where federal or state law requires the ballot to be made available in a language other than English, the voter's bill of rights will also be made available in such language or languages.
(3) The Secretary of State shall create a manual of uniform polling place procedures and adopt the manual by regulation. Local election officials shall ensure that the manuals are available in hard copy or electronic format at every precinct in the officials' jurisdictions on election day. The manual will guide local election officials in the proper implementation of election laws and procedures. The manual will be indexed by subject and written in clear, unambiguous language. The manual will provide specific examples of common problems encountered at the polls on election day, and detail specific procedures for resolving those problems. The manual will include, but not be limited to, the following:
(a) Regulations governing solicitation by individuals and groups at the polling place.
(b) Procedures to be followed with respect to voters whose names are not on the precinct register.
(c) Proper operation of the voting system.
(d) Ballot handling procedures.
(e) Procedures governing spoiled ballots.
(f) Procedures to be followed after the polls close.
(g) Rights of voters at the polls.
(h) Procedures for handling emergency situations.
(i) Procedures for handling and processing provisional ballots.
(j) Security procedures.
(4) (a) Whoever commits voter intimidation or conspires to commit voter intimidation will be guilty of a felony, punishable by up to three (3) years in prison and a fine of up to One Hundred Thousand Dollars ($100,000.00).
(b) Whoever commits voter suppression or conspires to commit voter suppression will be guilty of a felony, punishable by up to two (2) years in prison and a fine of up to Fifty Thousand Dollars ($50,000.00).
(c) Any person who willfully violates any other part of this section will be guilty of a misdemeanor, punishable by up to one (1) year in prison, a fine of up to Ten Thousand Dollars ($10,000.00), or both.
(d) The Secretary of State shall promulgate rules and regulations as necessary to enforce this section.
(e) In addition to criminal and regulatory sanctions, this section may be enforced by a private cause of action as otherwise provided by law. In a successful action, the court shall award the plaintiff costs and attorney's fees.
SECTION 4. Section 97-13-37, Mississippi Code of 1972, is brought forward as follows:
97-13-37. Whoever shall procure, or endeavor to procure, the vote of any elector, or the influence of any person over other electors, at any election, for himself or any candidate, by means of violence, threats of violence, or threats of withdrawing custom, or dealing in business or trade, or of enforcing the payment of a debt, or of bringing a suit or criminal prosecution, or by any other threat or injury to be inflicted by him, or by his means, or shall violate any provision of Section 23-15-871 or 23-15-874, shall, upon conviction, be imprisoned in the county jail not more than one (1) year, or be fined not more than Three Thousand Dollars ($3,000.00), or both.
SECTION 5. Section 97-13-39, Mississippi Code of 1972, is brought forward as follows:
97-13-39. (1) If any person shall, by illegal force, or threats of force, prevent, or endeavor to prevent, any elector from giving his vote, he shall, upon conviction, be imprisoned in the county jail not more than one (1) year, or be fined not more than Three Thousand Dollars ($3,000.00), or both.
(2) If any person shall, utilize the requirements to provide voter identification to intimidate a voter, or to prevent a person from voting who is otherwise qualified to vote shall, upon conviction, be imprisoned in the State Penitentiary not more than five (5) years, or fined not more than Five Thousand Dollars ($5,000.00), or both.
SECTION 6. This act shall take effect and be in force from and after July 1, 2024.