MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Apportionment and Elections
By: Representatives Powell, Aguirre, Boyd (19th), Byrd, Calvert, Carpenter, Kinkade, Newman, Shanks, Brown (20th), Williamson, Wallace
AN ACT TO CREATE NEW SECTION 23-15-615, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO AUDIT ELECTION PROCEDURES IN THE COUNTIES OF THE STATE; TO PROVIDE WHEN AN AUDIT SHALL BE COMPLETED; TO REPEAL SECTION 23-15-613, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ELECTION COMMISSIONS AND COUNTY AND MUNICIPAL EXECUTIVE COMMITTEES SHALL REPORT RESIDUAL VOTE INFORMATION TO THE SECRETARY OF STATE; TO CREATE NEW SECTION 23-15-617, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE PROCEDURES FOR A RISK-LIMITING AUDIT PILOT PROGRAM BEGINNING WITH THE GENERAL ELECTIONS IN 2026; TO PROVIDE WHEN A MANUAL RECOUNT OF ELECTION RESULTS SHALL BE NECESSARY; TO PROVIDE WHEN AND WHERE THE RESULTS OF A RISK-LIMITING AUDIT SHALL BE AVAILABLE; TO AMEND SECTION 23-15-153, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTION COMMISSIONERS TO RECEIVE A PER DIEM OF $100.00 FOR CONDUCTING AN ELECTION RECOUNT; TO BRING FORWARD SECTION 23-15-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO CREATE NEW SECTION 23-15-823, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A CANDIDATE OR ELECTED OFFICIAL HAS BEEN RESTRICTED BY A SOCIAL MEDIA PLATFORM, THE COMPANY THAT OPERATES THE SOCIAL MEDIA PLATFORM SHALL BE REQUIRED TO SUBMIT A REPORT DISCLOSING THE ACTION TO THE SECRETARY OF STATE; TO CREATE NEW SECTION 23-15-395, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS FOR THE REVIEW, CERTIFICATION AND DECERTIFICATION AND IMPLEMENTATION OF ALL VOTING SYSTEMS; TO CREATE NEW SECTION 23-15-152, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ELECTOR WHO FAILS TO RESPOND TO A CONFIRMATION NOTICE AND WHO FAILS TO VOTE DURING A CERTAIN PERIOD OF TIME SHALL BE REMOVED FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; TO PROVIDE DEFINITIONS FOR "CONFIRMATION NOTICE" AND "FAILS TO RESPOND TO THE CONFIRMATION NOTICE"; TO PROVIDE THOSE REGISTERED VOTERS WHO SHALL RECEIVE CONFIRMATION NOTICES; TO PROVIDE THAT A REGISTERED VOTER WHO IS MAILED A CONFIRMATION NOTICE SHALL BE PLACED ON INACTIVE STATUS IN THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM BUT SHALL BE ABLE TO VOTE BY AFFIDAVIT BALLOT; TO PROVIDE THE TIME FOR REMOVAL OF VOTER REGISTRATION RECORDS; TO PROVIDE FOR THE RETENTION OF REMOVED VOTER REGISTRATION RECORDS; TO AMEND SECTION 23-15-125, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AMEND SECTION 23-15-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN ATTEMPTED VOTER DOES NOT PROVIDE PROOF OF CITIZENSHIP WITHIN THIRTY DAYS OF THE RECEIPT OF NOTIFICATION THAT THE VOTER HAS BEEN FLAGGED AS A POTENTIAL NON-CITIZEN, THE REGISTRAR, OR HIS OR HER DESIGNEE, WHERE THE PERSON REGISTERED TO VOTE SHALL PURGE THE VOTER FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM; TO PROVIDE AN APPEAL PROCESS FOR THE VOTER; TO AMEND SECTION 23-15-165, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 23-15-603, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 23-15-581, 23-15-591, 23-15-517, 23-15-595, 23-15-519, 23-15-247, 23-15-639, 23-15-531.10, 23-15-611 AND 23-15-503, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AFTER THE POLLS CLOSE, OR THE LAST PERSON IN LINE AS VOTED, THE POLL MANAGERS SHALL RETURN THE BALLOT BOXES TO THE REGISTRAR'S OFFICE AND SHALL NOT COUNT THE BALLOTS UNTIL ALL BOXES ARE RECEIVED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 23-15-615, Mississippi Code of 1972:
23-15-615. (1) The Secretary of State shall be authorized to audit election procedures in the counties of this state. The conduction of an audit shall not create excessive interference with the general duties and responsibilities of the Secretary of State. The Secretary of State may, in order to fulfill the requirements of this section, enter into agreements with third parties, under the supervision of the Secretary of State, for the purposes of conducting election procedure audits, provided that any third parties would be licensed by and in good standing with the Mississippi Board of Public Accountancy and receive training from the Secretary of State.
(2) The Secretary of State shall prescribe rules and regulations for random selection of any county for an election audit. The Secretary of State shall randomly select the precinct(s) to be audited in any county. No county or precinct shall be selected for audit on the basis of race, geographical location or voting trends. Further, no county shall be selected more than once in a four (4) year period of time.
(3) The Secretary of State shall not conduct an audit under this section at any precinct where an election occurred and that election is being challenged pursuant to Sections 23-15-927, 23-15-951 or 23-15-955.
(4) (a) No later than one hundred twenty (120) days after the election that the Secretary of State is auditing, the Secretary of State shall compile a report of the audits conducted, which shall be published on the official website of the Secretary of State.
(b) If the Secretary of State determines that more time is needed to complete an audit, the Secretary of State may make a finding of the additional time needed, which shall not exceed one hundred fifty (150) days after the election, and post notice to the official website of the Secretary of State.
(5) The Secretary of State shall promulgate administrative rules to carry out the provisions of this subchapter.
SECTION 2. Section 23-15-613, Mississippi Code of 1972, which provides that election commissions and county and municipal executive committees shall report residual vote information to the Secretary of State, is repealed.
SECTION 3. The following shall be codified as Section 23-15-617, Mississippi Code of 1972:
23-15-617. (1) The Secretary of State shall conduct a pilot program for risk-limiting audits of the general election to occur in 2026. The Secretary of State, with input from a representative of the Mississippi Circuit Clerk’s Association and a representative of the Mississippi Election Commissioner’s Association, shall establish the rules and procedures for implementing a risk-limiting audit no later than December 31, 2025. Beginning on January 1, 2027, a risk-limiting audit will be conducted in each county in accordance with this section. Any risk limiting post-election audit performed pursuant to this section shall be conducted by the election commissioners, in conjunction with the registrar, in accordance with the instructions and procedures prescribed by the Secretary of State, including:
(a) Process for randomly selecting elections and determining the risk limit, if applicable;
(b) Procedures for preparing for a post-election audit, including guidelines for organizing ballots, selecting venues and securing appropriate materials;
(c) Procedures for ballot custody, accounting, security and written record retention ensuring that the collection of cast ballots from which samples are drawn is complete and accurate throughout the audit;
(d) Procedures for the hand counting of the audited ballots;
(e) Processes and methods for conducting a post-election audit, including the percentage of ballots required to be counted;
(f) Procedures for ensuring transparency and understanding of the process by participants and the public, including guidelines for direct observation by members of the public, representatives of the candidates involved in the post-election audit and representatives of the political parties.
(2) (a) Not later than sixty (60) days after the date of the general election audited, the Secretary of State shall publish a report detailing the accuracy of the audit.
(b) At the beginning of the 2027 legislative session, the Secretary of State shall submit a report to the Governor, Lieutenant Governor and Speaker of the House of Representatives that analyzes the audit findings and makes recommendations for legislative changes to the risk-limiting audit program.
(3) An audit shall not be conducted under this section at any precinct where an election occurred and that election is being challenged as provided in Sections 23-15-927, 23-15-951 or 23-15-955.
(4) No later than thirty (30) days after a primary or general election, the election commissioners, in conjunction with the registrar, shall manually tabulate a statistically significant percentage of ballots and compare the results with the results produced by the voting machine. However, no audit shall be required if a ballot box examination has occurred, a runoff will occur or the election is challenged as provided in Sections 23-15-927, 23-15-951 or 23-15-955.
(5) (a) In the event a discrepancy of more than one percent (1%) exists, the election commissioners, in conjunction with the registrar, shall commence a full manual hand count of ballots.
(b) The registrar shall promptly report results of the manual tabulation to the Secretary of State. The report shall include, but is not limited to:
(i) The total number of voters marked as VOTED in the pollbook of each precinct in the county;
(ii) The sum of the total number of voters who signed the receipt book at the polling place on election day and the total number of voters who cast an absentee ballot;
(iii) The total number of ballots received by the poll managers from local election officials;
(iv) The sum of the total number of paper ballots voted on election day, the number of unused ballots and the number of spoiled ballots;
(v) The total number of electronic ballots cast; and
(vi) The total number of ballots cast.
SECTION 4. Section 23-15-153, Mississippi Code of 1972, is amended as follows:
23-15-153. (1) At least during
the following times, the election commissioners shall meet at the office of the
registrar or the office of the election commissioners to carefully revise the county
voter roll as electronically maintained by the Statewide Elections Management System
and remove from the roll the names of all voters who have requested to be * * * removed from the voter roll, died,
received an adjudication of non compos mentis, been convicted of a disenfranchising
crime, failed to comply with the provisions of Section 23-15-152, or otherwise
become disqualified as electors for any cause, and shall register the names of all
persons who have duly applied to be registered but have been illegally denied registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
(c) On the first Monday
in the month immediately preceding the first primary election for state, state district
legislative, county and county district offices in the years in which those offices
are elected; * * *
(d) On the second Monday
of September preceding the general election or regular special election day in years
in which a general election is not conducted * * *; and
(e) As provided in Section 23-15-152.
Except for the names of those
voters who are duly qualified to vote in the election, no name shall be permitted
to remain in the Statewide Elections Management System; however, no name shall be * * * removed from the Statewide Elections
Management System based on a change in the residence of an elector except in accordance
with procedures provided for by the National Voter Registration Act of 1993. Except
as otherwise provided by Section 23-15-573, no person shall vote at any election
whose name is not in the county voter roll electronically maintained by the Statewide
Elections Management System.
(2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days.
(4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
(b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Sixty-five Dollars ($165.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
* * *
(5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
(6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
(7) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, for those days when the election commissioners shall be required to conduct a recount of an election as provided in Section 23-15-617.
( * * *8) In preparation for a municipal primary,
runoff, general or special election, the county registrar shall generate and distribute
the master voter roll and pollbooks from the Statewide Elections Management System
for the municipality located within the county. The municipality shall pay the
county registrar for the actual cost of preparing and printing the municipal master
voter roll pollbooks. A municipality may secure "read only" access to
the Statewide Elections Management System and print its own pollbooks using this
information.
( * * *9) County election commissioners who perform
the duties of an executive committee with regard to the conduct of a primary election
under a written agreement authorized by law to be entered into with an executive
committee shall receive per diem as provided for in subsection (2) of this section.
The days that county election commissioners are employed in the conduct of a primary
election shall be treated the same as days county election commissioners are employed
in the conduct of other elections.
( * * *10) In addition to any per diem authorized
by this section, any election commissioner shall be entitled to the mileage reimbursement
rate allowable to federal employees for the use of a privately owned vehicle while
on official travel on election day.
( * * *11) Every election commissioner shall
sign personally a certification setting forth the number of hours actually worked
in the performance of the commissioner's official duties and for which the commissioner
seeks compensation. The certification must be on a form as prescribed in this subsection.
The commissioner's signature is, as a matter of law, made under the commissioner's
oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME: ____________________________ COUNTY: _______________
ADDRESS: _________________________ DISTRICT: _____________
CITY: ______________ ZIP: ________
PURPOSE APPLICABLE ACTUAL PER DIEM
DATE BEGINNING ENDING OF MS CODE HOURS DAYS
WORKED TIME TIME WORK SECTION WORKED EARNED
________________________________________________________________
________________________________________________________________
________________________________________________________________
TOTAL NUMBER OF PER DIEM DAYS EARNED
EXCLUDING ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $110.00
TOTAL NUMBER PER DIEM DAYS EARNED
FOR ELECTION DAYS ________
PER DIEM RATE PER DAY EARNED X $165.00
TOTAL AMOUNT OF PER DIEM CLAIMED $_______
I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury.
I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting.
Signed this the _____ day of ______________, ____.
________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person.
Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same.
( * * *12) Any election commissioner who has
not received a certificate issued by the Secretary of State pursuant to Section
23-15-211 indicating that the election commissioner has received the required elections
seminar instruction and that the election commissioner is fully qualified to conduct
an election, shall not receive any compensation authorized by this section or Section
23-15-239.
SECTION 5. Section 23-15-5, Mississippi Code of 1972, is amended as follows:
23-15-5. (1) There is created in the State Treasury a special fund to be known as the Elections Support Fund. Monies derived from annual report fees imposed upon limited liability companies under Section 79-29-1203 shall be deposited into the Elections Support Fund. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be disbursed as provided in subsection (2) of this section. The expenditure of monies in the fund shall be under the direction of the Secretary of State as provided by subsection (2) of this section, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration.
(2) (a) Monies in the fund shall be used as follows:
(i) Seventy percent (70%) of the monies in the special fund shall be distributed annually to the counties, upon appropriation of the Legislature, based on the proportion that the population of a county bears to the total population in all counties of the state population according to the most recent information from the United States Census Bureau, and held in a separate fund solely for the purpose of acquiring, upgrading, maintaining or repairing voting equipment, systems and supplies, hiring temporary technical support, conducting elections using such voting equipment or systems, employing such personnel to conduct an election, and training election officials; and
(ii) The remaining thirty percent (30%) of the monies in the special fund shall be allocated annually to the Secretary of State for the purpose of maintaining, upgrading, or equipping the Statewide Election Management System, including costs to maintain, upgrade, or equip the Statewide Election Management System with appropriate security measures to protect the integrity of Mississippi elections. Funds may also be used to educate voters on voting procedures and voting rights. Any funds not obligated by the end of the fiscal year shall be deposited into the State General Fund.
(b) The Secretary of State shall create standard training guidelines to assist counties in training election officials with the funds authorized under subsection (2)(a)(ii) of this section. Any criteria established by the Secretary of State for the purposes of this section shall be used in addition to any other training or coursework prescribed by the Secretary of State to train circuit clerks, poll managers and any other election officials participating in county elections.
(c) Notwithstanding any other provision of law, no monies from the Elections Support Fund shall be used by the Secretary of State or any person associated with the Office of the Secretary of State to provide or otherwise support expert testimony in any manner for any hearing, trial or election contest.
(3) From and after July 1, 2017, none of the monies deposited in the Elections Support Fund may be used to reimburse or otherwise defray any costs that the Office of the Secretary of State may incur in administering the fund.
(4) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 6. The following shall be codified as Section 23-15-823, Mississippi Code of 1972:
23-15-823. (1) The following words and phrases shall have the meanings as defined in this subsection unless the context clearly indicates otherwise:
(a) "Election" means a general, special, primary or runoff election.
(b) "Candidate" means an individual who seeks nomination for election, or election, to any elective office and has or intends to:
(i) Pay the assessment, file a written statement, and file a petition containing the signatures of the requisite number of voters, if applicable, pursuant to Sections 23-15-297 and 23-15-299; or
(ii) Designate a principal campaign committee pursuant to 52 USCS Section 30102(e) and 11 CFR Section 101.1.
(c) "Social Media Platform" means any website and/or application that has a primary purpose of communication, collaboration, social interaction and/or sharing user-generated content through personalized web profiles. This definition shall not be construed to mean electronic mail, short message service, or other similar means of communication.
(2) (a) When a candidate and/or elected official has been restricted from a social media platform, the company which operates and/or maintains the social media platform, or its successor entities, shall file a report with the Secretary of State disclosing this action, on a form as prescribed by the Secretary, within three (3) business days of the day the restriction occurred.
(b) The Secretary of State shall promulgate rules and regulations as necessary to effectuate the provisions of this section, including the public inspection, preservation of reports and a process by which candidates or elected officials may allege a violation of this section.
(3) When a social media platform indicates a good faith effort has been made to submit the information required, any record or report shall be considered in compliance with this section.
SECTION 7. The following shall be codified as Section 23-15-395, Mississippi Code of 1972:
23-15-395. The Secretary of State shall promulgate rules and regulations for the review, certification and decertification, and implementation of all voting systems. Before promulgating any rules or regulations, the Secretary of State shall present the proposed rules and regulations to the State Board of Election Commissioners for comment and approval. Upon approval of the rules and regulations by the State Board of Election Commissioners, the Secretary of State shall promulgate the approved rules and regulations.
SECTION 8. The following shall be codified as Section 23-15-152, Mississippi Code of 1972:
23-15-152. (1) For the purposes of this section, "confirmation notice" means a notice sent by the election commissioners, by forwardable mail, with return postage prepaid, on a form prescribed by the Secretary of State, to a registered voter to confirm the registered voter's current address. The notice shall comply with all applicable requirements of the National Voter Registration Act of 1993.
(2) The election commissioners shall send a confirmation notice to the following:
(a) A registered voter if it appears from the United States Postal Service change-of-address information that the registered voter has moved to a different residence;
(b) A registered voter if a county election commissioner or county registrar has received notice from another state, or political subdivision of another state, that the registered voter has registered to vote in another state;
(c) A registered voter who has failed to vote at least once in one (1) of the following periods:
(i) A period of three (3) years, which shall include two (2) federal general elections; or
(ii) A period of two (2) years, which shall include an election for Governor and a federal general election; and
(d) A registered voter if the registrar or election commissioners have received reliable information that he or she has moved within or outside of the state.
No registered voter shall be sent a confirmation notice under paragraph (c) of this subsection if he or she has been sent a confirmation notice for those same reasons within the last six (6) years.
(3) The county election commissioners shall place any registered voter who has been sent a confirmation notice on inactive status in the Statewide Elections Management System. Any registered voter who is placed on inactive status shall be unable to cast a regular ballot on election day but shall be able to cast an affidavit ballot as provided in Section 23-15-573.
(4) A registered voter "fails to respond to the confirmation notice" if the voter, during a period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice, fails to:
(a) Respond to the confirmation notice; or
(b) Update the elector's registration information.
The period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice required in subsection (4) of this section shall include two (2) general federal elections. A registered voter who votes at least once in any election in the registered voter's county of registration during the period of four (4) consecutive years beginning from the date of the delivery of the confirmation notice shall not be removed from the Statewide Elections Management System.
(5) The county registrar or county election commission shall move those registered voters who fail to respond to the confirmation notice as provided in subsection (4) and who fail to vote as provided in subsection (4) of this section to removed status in the Statewide Elections Management System.
(6) No systematic list maintenance shall occur during the ninety (90) days immediately preceding a federal primary or general election.
(7) The county registrar shall retain removed voter registration records after they are removed for a period that includes at least two (2) federal general elections and shall record the reason for the removal.
SECTION 9. Section 23-15-125, Mississippi Code of 1972, is amended as follows:
23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, failure to comply with the provisions of Section 23-15-152, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter's name shall be removed from the Statewide Elections Management System, the state's voter roll and the county's pollbooks. Nothing in this section shall preclude the use of electronic pollbooks.
SECTION 10. Section 23-15-15, Mississippi Code of 1972, is amended as follows:
23-15-15. (1) By January 1, 2025, the Secretary of State shall compare the entire Statewide Elections Management System to the Department of Public Safety Driver's License Database and follow the procedures outlined in subsection (2) through (9) if a voter is flagged in the database as a potential noncitizen.
(2) Upon receiving a
completed voter registration application, the registrar shall enter the applicant
into the Statewide Elections Management System. * * * The registration application shall be
compared with the Department of Public Safety driver's license and identification
information. If such information indicates that a particular applicant is not a
citizen of the United States, the Statewide Elections Management System shall notify
the registrar, or his or her designee, that the applicant may not be a citizen of
the United States.
( * * *3) After receiving the notice from the
Statewide Elections Management System as provided in subsection (1) and (2)
of this section, the registrar, or his or her designee, shall:
(a) Enter the applicant's information into the United States Citizenship and Immigration Service's Systematic Alien Verification for Entitlements (SAVE) or its successor database for further inquiry; and
(b) If both the Department of Public Safety driver's license and identification information and the database in paragraph (a) of this subsection indicate that the applicant is not a citizen, send a notice by first-class mail to the applicant's mailing address provided on the voter registration application inquiring whether the individual is eligible to be registered to vote. The registrar may, in addition to first-class mail, contact the applicant by email or telephone.
( * * *4) Any applicant who receives the notice
under subsection ( * * *3)(b)
of this section shall, within thirty (30) days of the receipt of such notice, provide
proof of citizenship to the registrar or his or her designee.
( * * *5) For purposes of this section, proof
of citizenship includes, but is not limited to:
(a) The applicant'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 applicant and showing the passport number;
(c) The applicant's United States naturalization documentation, a legible photocopy of the naturalization documentation, or the number of the applicant'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 number is verified 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 USC Section 1101 et seq.
( * * *6) If the applicant provides proof of citizenship
and meets all other qualifications provided by law, the registrar shall register
the applicant to vote.
( * * *7) * * *
If the attempted
voter does not provide proof of citizenship within thirty (30) days of the
receipt of the notification, the registrar, or his or her designee, where the person
registered to vote shall purge the voter from the Statewide Elections
Management System.
(8) In the event a person is unable to provide any of the documentation listed in subsection (5) to show proof of citizenship, the person may appeal to the 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 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. The registrar, or his or her designee, shall update the Statewide Elections Management System to accurately reflect the decision of the election commissioners with respect to such voter.
(9) All documentation provided to show proof of citizenship as well as the Department of Public Safety database or relevant federal and state agency and county records shall be confidential and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(10) The Secretary of State shall adopt the necessary rules and regulations for the administration of this section.
SECTION 11. Section 23-15-165, Mississippi Code of 1972, is amended as follows:
23-15-165. (1) The Office of the Secretary of State, in cooperation with the county registrars and election commissioners, shall procure, implement and maintain an electronic information processing system and programs capable of maintaining a centralized database of all registered voters in the state. The system shall encompass software and hardware, at both the state and county level, software development training, conversion and support and maintenance for the system. This system shall be known as the "Statewide Elections Management System" and shall constitute the official record of registered voters in every county of the state.
(2) The Office of the Secretary of State shall develop and implement the Statewide Elections Management System so that the registrar and election commissioners of each county shall:
(a) Verify that an applicant that is registering to vote in that county is not registered to vote in another county;
(b) Be notified automatically that a registered voter in its county has registered to vote in another county;
(c) Receive regular
reports of death, changes of address and convictions for disenfranchising
crimes that apply to voters registered in the county; * * *
(d) Retain all present
functionality related to, but not limited to, the use of voter roll data and to
implement such other functionality as the law requires to enhance the
maintenance of accurate county voter records and related jury selection and
redistricting programs * * *;
and
(e) When evidence exists that a registered voter may not be a citizen of the United States as provided in Section 23-15-15, send notification to the registrar of the location where the person is registered to vote.
(3) As a part of the procurement and implementation of the system, the Office of the Secretary of State shall, with the assistance of the advisory committee, procure services necessary to convert current voter registration records in the counties into a standard, industry accepted file format that can be used on the Statewide Elections Management System. Thereafter, all official voter information shall be maintained on the Statewide Elections Management System. The standard industry accepted format of data was reviewed and approved by a majority of the advisory committee created in subsection (5) of this section after consultation with the Circuit Clerks Association and the format may not be changed without consulting the Circuit Clerks Association.
(4) The Secretary of State may, with the assistance of the advisory committee, adopt rules and regulations necessary to administer the Statewide Elections Management System. The rules and regulations shall at least:
(a) Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;
(b) Provide procedures for integrating data into the centralized database;
(c) Provide security to ensure that only the registrar, or his or her designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;
(d) Provide the registrar or his or her designee or other appropriate official, as the law may require, access to the system at all times, including the ability to download copies of the industry standard file, for all purposes related to their official duties, including, but not limited to, exclusive access for the purpose of printing all local pollbooks;
(e) Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;
(f) Provide a procedure that will allow the registrar, or his or her designee or other appropriate official, as the law may require, to identify the precinct to which a voter should be assigned; and
(g) Provide a procedure for phasing in or converting existing manual and computerized voter registration systems in counties to the Statewide Elections Management System.
(5) The Secretary of State established an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee included two (2) representatives from the Circuit Clerks Association, appointed by the association; two (2) representatives from the Election Commissioners Association of Mississippi, appointed by the association; one (1) member of the Mississippi Association of Supervisors, or its staff, appointed by the association; the Director of the Stennis Institute of Government at Mississippi State University, or his or her designee; the Executive Director of the Department of Information Technology Services, or his or her designee; two (2) persons knowledgeable about elections and information technology appointed by the Secretary of State; and the Secretary of State, who shall serve as the chair of the advisory committee.
(6) (a) Social security numbers, telephone numbers and date of birth and age information in statewide, district, county and municipal voter registration files shall be exempt from and shall not be subject to inspection, examination, copying or reproduction under the Mississippi Public Records Act of 1983.
(b) Copies of statewide, district, county or municipal voter registration files, excluding social security numbers, telephone numbers and date of birth and age information, shall be provided to any person in accordance with the Mississippi Public Records Act of 1983 at a cost not to exceed the actual cost of production.
SECTION 12. Section 23-15-603, Mississippi Code of 1972, is brought forward as follows:
23-15-603. (1) The election commissioners shall, within ten (10) days after the general election, transmit to the Secretary of State, to be filed in his or her office, a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election; but the returns of every election for Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of Public Accounts, State Treasurer, Commissioner of Insurance and other state officers, shall each be made out separately, sealed up together and transmitted to the seat of government, directed to the Secretary of State, and endorsed the "VOTE FOR STATE OFFICERS," to be delivered by the Secretary of State to the Speaker of the House of Representatives at the next ensuing session of the Legislature. In addition to the other information required pursuant to this subsection, the returns for state officers shall contain a statement of the whole number of votes given in each House of Representative district or portion thereof for each candidate for state office at the election.
(2) Constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elections generally. The election commissioners shall, within ten (10) days after the election, transmit to the Secretary of State a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county for or against constitutional amendments.
(3) The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State and submitted to each branch of the Legislature, at the session next ensuing. Certified county vote totals shall represent the final results of the election.
(4) The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners, which shall read as follows:
"We, the undersigned election commissioners, do hereby certify that this statement of the whole number of votes contains the official vote for the election reflected therein."
(5) The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 13. Section 23-15-581, Mississippi Code of 1972, is amended as follows:
23-15-581. When the last qualified voter, who was standing in line at the polling place at 7:00 p.m., has cast his or her ballot, or 7:00 p.m., whichever is later, the poll managers shall proclaim that the polls are closed and shall return the ballot box to the registrar's office and, once all boxes have been received, shall then publicly break the seal and open the ballot box to immediately proceed to count the ballots, at the same time reading aloud the names of the persons voted for, which shall be taken down. During the holding of the election and the counting of the ballots, the whole proceedings shall be in fair and full view of the voting public, candidates or their duly authorized representatives and other authorized poll watchers, without unnecessary interference, delay or encroachment upon the good order of the duties and proceedings of the poll managers and other officers of the election. There shall be no unnecessary delay and no adjournment except as provided by law.
SECTION 14. Section 23-15-591, Mississippi Code of 1972, is amended as follows:
23-15-591. When the votes
have been completely and correctly counted and tallied by the poll managers at
the office of the registrar, they shall publicly proclaim the result of the
election * * *
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.
SECTION 15. Section 23-15-517, Mississippi Code of 1972, is amended as follows:
23-15-517. At least one (1) hour before the opening of the polls, the officials in charge of the election shall arrive at the polling place and set up the voting booths so that they will be in clear view of the poll managers; the poll managers shall examine the ballots to verify that they have the correct ballots for their precinct and check the supplies, records and forms, and post the sample ballots and instructions to the voters. They shall also inspect the ballot boxes to ensure they contain only voted absentee ballots in their envelopes with the required applications, and then seal the box for voting.
Each voter shall receive written and/or verbal instructions by the poll managers instructing the voter how to properly vote the paper ballot before the voter enters the voting booth. If any voter needs additional instructions after entering the voting booth, two (2) poll managers may, if necessary, enter the booth and give him or her such additional instructions. If any voter spoils a ballot the voter may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word "SPOILED" shall be written across the face of the ballot and it shall be deposited into the sealed ballot box. When the polls close once the last ballot has been cast or at 7:00 p.m., whichever is later, the poll managers shall return the ballot box to the registrar's office and, once all of the boxes have been received, shall then break the seal on the ballot box to process the absentee ballots. Ballots marked as spoiled shall be bundled together and placed in an envelope designated for spoiled ballots. Once the polls have officially closed, the envelope that contains the spoiled ballots and the unused ballots shall be placed in the ballot box or other container provided for that purpose which shall be sealed and returned to the officials in charge of the election.
SECTION 16. Section 23-15-595, Mississippi Code of 1972, is amended as follows:
23-15-595. The box
containing the ballots and other records required by this chapter shall, immediately
after the * * * polls have closed, or the last person standing in line
has voted, whichever comes later, be delivered by one (1) of the poll
managers to the clerk of the circuit court of the county and the clerk shall, once
all of the boxes have been received and in the presence of the poll manager
making delivery of the box, shall count the ballots. Once all of the ballots
have been counted, the clerk shall place upon the lock of such box a tamper-evident
seal. The seals shall be numbered consecutively to the number of ballot boxes used
in the election in the county, and the clerk shall keep in a place separate from
such boxes a record of the number of the seal of each separate box in the
county. The board of supervisors of the county shall pay the cost of providing
the seals. Upon demand of the chair of the county executive committee in the case
of primary elections, or the county election commissioner in the case of other
elections, the boxes and their contents shall be delivered to the county
executive committee, or the county election commission, as appropriate, and
after such committee or commission, as appropriate, has finished the work of
tabulating returns and counting ballots as required by law, the committee or
commission, as appropriate, shall return all papers and ballots to the box of
the precinct where the election was held, and it shall make redelivery of the
boxes and their contents to the circuit clerk who shall reseal the boxes. Upon
every occasion the boxes shall be reopened and each resealing shall be done as
provided in this chapter.
SECTION 17. Section 23-15-519, Mississippi Code of 1972, is amended as follows:
23-15-519. The poll
managers shall prepare a ballot accounting report that documents the number of
voters who have voted, as indicated by the receipt book and the number of
ballots used in the election. The poll managers shall place the report in the
ballot box, with the seal logs, receipt books, absentee ballots, affidavit ballots,
challenged ballots, curbside ballots, emergency ballots, spoiled ballots and
unused ballots, which thereupon shall be sealed with a tamper-evident seal,
which is a seal that has been designed in such a way to allow someone to easily
detect any tampering, so that no additional ballots may be deposited or removed
from the ballot box. The poll managers, while they have possession of the
election materials, and the officials in charge of the election, once the poll
managers have delivered the ballot box to the * * * registrar's
office, shall be required to keep a seal log to document each time a tamper-evident
seal for a ballot box is opened or changed. The seal log shall require the
name of the person who opened the seal, the old seal number, the new seal
number, the date the seal was opened and the purpose for opening the seal. The
receiving and returning poll manager shall deliver the ballot box to the * * * registrar's
office and receive a signed, numbered receipt therefor. The poll books
and other records and supplies shall be returned as directed by the officials
in charge of the election. No ballot box may be counted until all of the
ballot boxes have been returned to the registrar's office. Failure to
strictly comply with the provisions of this section shall not result in a
presumption of fraud.
SECTION 18. Section 23-15-247, Mississippi Code of 1972, is amended as follows:
23-15-247. The election
commissioners in each county shall procure, if not already provided, a
sufficient number of ballot boxes, which shall be distributed by them to the
voting precincts of the county before the time for opening the polls. The
boxes shall be securely sealed from the opening of the polls on election day
until the polls close on election day; and the box shall be kept by one (1) of
the managers, and the manager having the box shall carefully keep it, and
neither open it himself or herself nor permit it to be opened, nor permit any
person to have any access to it throughout the voting period during an election.
The box shall not be removed from the polling building or place after the polls
are opened until the polls close * * *. After each
election the ballot boxes shall be delivered to the clerk of the circuit court
of the county for the ballots to be counted once all of the ballot boxes have
been returned and for preservation; and he or she shall keep them for
future use, and, when called for, deliver them to the election commissioners.
SECTION 19. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) The examination and counting of all absentee ballots shall be conducted as follows:
(a) At the opening of the regular balloting and at the opening of the polls, the resolution board established under Section 23-15-523 and trained in the process of canvassing absentee ballots shall first take the envelopes containing the absentee ballots of such electors from the secure location at the circuit clerk's office, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.
(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the resolution board find that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.
(c) Having observed
and found the ballot to be regular as far as can be observed from its official
endorsement, the resolution board shall deposit it in the ballot box with the
other ballots before counting any ballots and enter the voter's name in the receipt
book provided for that purpose. All absentee ballots received prior to 7:00
p.m. the day before the election shall be counted in the registrar's office by
the resolution board when the polls close and then added to the total votes
cast * * *.
All absentee ballots received after 7:00 p.m. the day before the election but
not later than the fifth business day after the election shall be processed by the
resolution board.
(2) The resolution board shall also take such action as may be prescribed by the Secretary of State to ensure compliance with the identification requirements of Section 23-15-563.
(3) The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.
SECTION 20. Section 23-15-531.10, Mississippi Code of 1972, is amended as follows:
23-15-531.10. (1) In
elections in which DRE units are used, the ballots shall be counted at the * * * at the registrar's office once all of the ballot boxes
have been returned. All persons who perform any duties at the precinct
shall take the oath provided in Section 268, Mississippi Constitution of 1890
and only those persons shall touch any ballot, container, paper or machine used
in the conduct of the count or be permitted in the immediate area where the
ballots are counted.
(2) All proceedings at the precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the officials in charge of the election shall touch any ballot, any DRE unit or the tabulating equipment.
(3) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:
(a) The poll manager shall obtain the results tape from each DRE unit and verify that the number of ballots cast as recorded on the tape matches the public count number as displayed on the DRE unit; and
(b) The poll manager shall extract the memory card, if applicable, from each DRE unit.
(4) (a) Upon completion of shutting down each DRE unit and extracting the election results, the poll manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(i) The number of valid ballots;
(ii) The number of spoiled ballots;
(iii) The number of affidavit ballots;
(iv) The number of accepted and rejected absentee ballots;
(v) The number of challenged and rejected ballots; and
(vi) The number of unused paper ballots.
(b) The poll manager shall cause to be placed in the ballot box or supply container, should the supply container be capable of being sealed and secured, one (1) copy of the recap form, affidavit ballots, absentee ballots, spoiled ballots, challenged and rejected ballots and any unused paper ballots.
(5) The poll manager shall collect and retain the zero tape and the results tape for each DRE unit and place the tapes with the memory card, if any, for each unit and enclose all such items for all of the DRE units used in the precinct in the memory card transport bag which shall be sealed and initialed by the poll manager so that it cannot be opened without breaking the seal. The memory card transport bag shall be placed in the ballot box.
(6) The receiving and returning poll manager shall then deliver the sealed ballot box to the tabulating center for the county or municipality or to such other place designated by the officials in charge of the election and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records and other materials shall be returned to the designated location and retained as provided by law.
(7) Upon receipt of the sealed ballot box and memory card transport bag that contains the zero tapes, results tapes and memory cards, the officials in charge of the election shall break the seal of the memory card transport bag and remove its contents. The officials in charge of the election shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification.
SECTION 21. Section 23-15-611, Mississippi Code of 1972, is amended as follows:
23-15-611. (1) In
municipal elections, poll managers shall, immediately upon the closing of the
polls, * * * shall return the ballot box to the registrar's office and,
once all of the ballot boxes have been returned, shall then ascertain the
number of votes cast in each voting precinct for each of the candidates or
ballot measures and make a return thereof to the municipal election
commissioners. On the day following the election, the election commissioners
shall canvass the returns so received from all voting precincts and shall,
within six (6) days after the election, deliver to each person receiving the
highest number of votes a certificate of election. If it shall appear that any
two (2) or more of the candidates receiving the highest number of votes shall
have received an equal number of votes, the election shall be decided by a toss
of a coin or by lot fairly and publicly drawn under the direction of the
election commissioners.
(2) (a) Within six (6) days after any election, the municipal election commissioners shall transmit a statement to the Secretary of State certifying the name or names of the person or persons elected, and such person or persons shall be issued commissions by the Governor. The statement shall also include vote totals for each candidate for each office and vote totals for and against ballot measures, if any, including the vote totals for each candidate and ballot measure in each precinct in the municipality.
(b) The statements required by this subsection (2) shall contain a certification, signed and dated by a majority of the municipal election commissioners, which shall read as follows:
"We, the undersigned municipal election commissioners, do hereby certify that this statement contains the official vote for the election reflected therein."
(c) The statements required by this subsection (2) shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
(d) If the statement certifying the names of the persons elected is not transmitted to the Secretary of State as required by this subsection (2), the Secretary of State may issue a show cause order directing the municipal election commissioners to provide to the Secretary of State written response containing the reasons for their failure to transmit the statement. The municipal election commissioners shall file their response to the show cause order with the Secretary of State within five (5) working days after the issuance of the show cause order. If the statement certifying the names of the persons elected is not transmitted to the Secretary of State within five (5) working days after the issuance of the show cause order, the Secretary of State may petition a court of competent jurisdiction to compel the municipal election commissioners to comply with this subsection (2). If the statement certifying the names of the persons elected is received by the Secretary of State within five (5) days after the issuance of the show cause order, a response to the show cause order shall not be required.
SECTION 22. Section 23-15-503, Mississippi Code of 1972, is amended as follows:
23-15-503. As used in this subarticle, unless otherwise specified:
(a) "Optimal mark reading (OMR)" means a method of capturing data electronically into a computer system.
(b) "Optical mark reading equipment (OMR)" means an apparatus that reads pen and pencil marks made in pre-defined positions on paper ballots to automatically examine and count votes.
(c) "Counting
center" means * * * the
office of the circuit clerk, municipal clerk or registrar.
(d) "Marking device" means a pen or pencil that the voters use to record their paper ballots, which is readable by the OMR equipment.
(e) "Ballot" means a paper ballot on which votes are recorded by means of marking the ballot with a marking device.
SECTION 23. This act shall take effect and be in force from and after January 1, 2024.