MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Elections

By: Senator(s) Simmons (12th), Norwood

Senate Bill 2359

AN ACT TO AMEND SECTION 23-15-713, MISSISSIPPI CODE OF 1972, TO AUTHORIZE EVERY DULY QUALIFIED ELECTOR TO VOTE BY ABSENTEE BALLOT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 23-15-713, Mississippi Code of 1972, is amended as follows:

     23-15-713.  For the purpose of this subarticle, any duly qualified elector may vote as provided in this subarticle. * * * if the elector falls within at least one (1) of the following categories:

  (a)  Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his or her absence from the county of his or her voting residence on the date of any primary, general or special election, or the spouse and dependents of that student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his or her voting residence, with such student, teacher or administrator.

  (b)  Any qualified elector who is required to be away from his or her place of residence on any election day due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of such person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.

  (c)  Any qualified elector who is away from his or her county of residence on election day for any reason.

  (d)  Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others.  For purposes of this paragraph (d), "temporary physical disability" shall include any qualified elector who is under a physician‑imposed quarantine due to COVID‑19 during the year 2020 or is caring for a dependent who is under a physician‑imposed quarantine due to COVID‑19 beginning with July 8, 2020, and the same being repealed on December 31, 2020.

  (e)  The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day.  For purposes of this paragraph (e), "temporary physical disability" shall include any qualified elector who is under a physician‑imposed quarantine due to COVID‑19 during the year 2020 or is caring for a dependent who is under a physician‑imposed quarantine due to COVID‑19 beginning with July 8, 2020, and the same being repealed on December 31, 2020.

  (f)  Any person who is sixty‑five (65) years of age or older.

  (g)  Any member of the Mississippi congressional delegation absent from Mississippi on election day, and the spouse and dependents of such member of the congressional delegation.

  (h)  Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day during the times at which the polls will be open.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.

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