MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Elections
By: Senator(s) Tate, Butler (38th)
AN ACT TO AMEND SECTIONS 23-15-227 AND 23-15-229, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM COMPENSATION POLL WORKERS AND BALLOT CARRIERS CAN RECEIVE ON ELECTION DAY; TO AMEND SECTION 23-15-239, MISSISSIPPI CODE OF 1972, TO ALLOW LOCAL GOVERNING AUTHORITIES TO PROVIDE ANY FAIR AND REASONABLE VALUE OF COMPENSATION THAT SURPASSES THE FEDERAL HOURLY MINIMUM WAGE TO POLL WORKERS FOR ATTENDING REQUIRED TRAINING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-227, Mississippi Code of 1972, is amended as follows:
23-15-227. (1) The poll
managers shall be each entitled to Seventy-five Dollars ($75.00) for each
election; however, the board of supervisors may, in its discretion, pay the poll
managers an additional amount not to exceed * * * One Hundred Twenty-five
Dollars ($125.00) per election.
(2) The board of supervisors may, in its discretion, pay the poll managers an additional amount not to exceed Fifty Dollars ($50.00) per any election occurring from July 1, 2020, through December 31, 2020, which shall be considered additional pandemic pay.
(3) The poll manager who
shall carry to the place of voting, away from the courthouse, the official
ballots, ballot boxes, pollbooks and other necessities, shall be allowed * * *
up to Twenty-five Dollars ($25.00) for each voting precinct for so
doing. The poll manager who acts as returning officer shall be allowed * * *
up to Twenty-five Dollars ($25.00) for each voting precinct for that
service. If a person who performs the duties described in this subsection uses
a privately owned motor vehicle to perform them, he or she shall receive for
each mile actually and necessarily traveled in excess of ten (10) miles, the
mileage reimbursement rate allowable to federal employees for the use of a
privately owned vehicle while on official travel.
(4) The compensation authorized in this section shall be allowed by the board of supervisors, and shall be payable out of the county treasury; provided, however, that any compensation for additional pandemic pay due to a public health emergency may be payable from federal funds available for such purpose, or a combination of both county and federal funding sources.
(5) The compensation provided in this section shall constitute payment in full for the services rendered by the persons named for any election, whether there be one (1) election or issue voted upon, or more than one (1) election or issue voted upon at the same time.
(6) The Secretary of State shall promulgate rules and regulations as are necessary to ensure the safety of poll managers, election commissioners, electors and their families at the voting precincts during a COVID-19 public health risk or other public health risk declared by the Governor where the appearance of such persons may result in exposure to such risk or the exposure of other persons to such risk.
SECTION 2. Section 23-15-229, Mississippi Code of 1972, is amended as follows:
23-15-229. The compensation
for poll managers and other workers in the polling places of a municipality
shall be the same as the compensation paid by the county for those services;
provided, however, that the governing authorities of a municipality shall not
be required to pay any additional compensation authorized by the board of
supervisors. The governing authorities of a municipality may, in their
discretion, pay clerks and poll managers in the polling places of the
municipality an additional amount of compensation not to exceed Fifty Dollars
($50.00) per election and may pay clerks and poll managers in the polling
places of the municipality an additional amount of compensation not to exceed * * * One Hundred Twenty-five
Dollars ($125.00) per any election which occurs from July 1, 2020, through
December 31, 2020, which shall be considered additional pandemic pay. Such
compensation shall be payable out of the county general fund, and may be payable
from federal funds available for such purpose, or a combination of both funding
sources.
SECTION 3. Section 23-15-239, Mississippi Code of 1972, is amended as follows:
23-15-239. (1) The executive committee of each county, in the case of a primary election, or the election commissioners of each county, in the case of all other elections, in conjunction with the circuit clerk, shall, in the years in which counties conduct an election, sponsor and conduct, not less than five (5) days before each election, not less than four (4) hours and not more than eight (8) hours of poll manager training to instruct poll managers as to their duties in the proper administration of the election and the operation of the polling place. Any poll manager who completes the online training course provided by the Secretary of State shall only be required to complete two (2) hours of in-person poll manager training. No poll manager shall serve in any election unless he or she has received these instructions once during the twelve (12) months immediately preceding the date upon which the election is held; however, nothing in this section shall prevent the appointment of an alternate poll manager to fill a vacancy in case of an emergency. The county executive committee or the election commissioners, as appropriate, shall train a sufficient number of alternates to serve in the event a poll manager is unable to serve for any reason.
(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
(3) The board of
supervisors and the municipal governing authority, in their discretion, may compensate
poll managers who attend these training sessions. The compensation shall be at
a rate of not less than the federal hourly minimum wage * * * and not more than Twenty Dollars ($20.00)
per hour. Poll managers shall not be compensated for more than sixteen
(16) hours of attendance at the training sessions regardless of the actual
amount of time that they attended the training sessions.
(4) The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
(5) Subject to the following annual limitations, 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 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 conducting training sessions as required by this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per 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 eight (8) days per 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 ten (10) days per 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 twelve (12) days per 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 fifteen (15) days per 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 eighteen (18) days per 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 nineteen (19) days per year;
(h) In counties having two hundred twenty-five thousand (225,000) residents or more according to the latest federal decennial census, not more than twenty-two (22) days per year.
(6) Election commissioners shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).
(7) (a) To provide poll manager training, the Secretary of State has developed a single, comprehensive poll manager training program to ensure uniform, secure elections throughout the state. The program includes online training on all state and federal election laws and procedures and voting machine opening and closing procedures.
(b) County poll managers who individually access and complete the online training program, including all skills assessments, at least five (5) days before an election shall be defined as "certified poll managers," and entitled to a "Certificate of Completion."
(c) At least one (1) certified poll manager shall be appointed by the county election officials to work in each polling place in the county during each general election.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.