MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Elections
By: Senator(s) Sojourner
AN ACT TO AMEND SECTION 23-15-37, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE CIRCUIT CLERK TO INCLUDE SAFE PRESERVATION OF ALL BALLOTS AND ELECTION INFORMATION FOR A SPECIFIED PERIOD; TO AMEND SECTION 23-15-39, MISSISSIPPI CODE OF 1972, TO REQUIRE PROOF OF CITIZENSHIP IN ORDER TO REGISTER TO VOTE; TO REPEAL SECTIONS 23-15-621 THROUGH 23-15-657, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE ABSENTEE BALLOTING PROCEDURES LAW (SUBARTICLE A); TO REPEAL SECTIONS 23-15-711 THROUGH 23-15-721, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE ABSENTEE VOTER LAW (SUBARTICLE C); TO REPEAL SECTION 23-15-735, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE DELIVERY OF ABSENTEE BALLOTS TO VOTERS IN PERSON; TO AMEND SECTION 23-15-751, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-753, MISSISSIPPI CODE OF 1972, TO PENALIZE PARTIES RESPONSIBLE FOR MAINTAINING THE CHAIN OF CUSTODY OF BALLOTS AND OTHER ELECTION MATERIALS WHO FAIL TO DO SO; TO AMEND SECTION 23-15-755, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-391, MISSISSIPPI CODE OF 1972, TO REQUIRE MANUAL VOTE RECOUNTING OF EVERY ELECTION IN WHICH OPTICAL SCANNERS ARE INITIALLY USED; TO AMEND SECTION 23-15-613, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-523, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 23-15-545, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 97-13-43, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTIONS 23-15-531 THROUGH 23-15-531.12, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE CONDUCT OF ELECTIONS USING DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT; TO CREATE NEW SECTION 23-15-615, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN POST-ELECTION AUDITS; TO AMEND SECTION 33-15-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A DECLARATION OF EMERGENCY WILL HAVE NO EFFECT UPON THE CONDUCT OF ELECTIONS; 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 Elections Integrity Act of 2022."
SECTION 2. Section 23-15-37, Mississippi Code of 1972, is amended as follows:
23-15-37. (1) The registrar shall register the electors of his or her county at any time during regular office hours.
(2) The county registrar may keep his or her office open to register voters from 8:00 a.m. until 7:00 p.m., including the noon hour, for the five (5) business days immediately preceding the thirtieth day before any regularly scheduled primary or general election. The county registrar shall also keep his or her office open from 8:00 a.m. until 12:00 noon on the Saturday immediately preceding the thirtieth day before any regularly scheduled primary or general election, unless that Saturday falls on a legal holiday, in which case registration applications submitted on the Monday immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling such voters to vote in the next primary or general election.
(3) The registrar, or any deputy registrar duly appointed by law, may visit and spend such time as he or she may deem necessary at any location in his or her county, selected by the registrar not less than thirty (30) days before an election, for the purpose of registering voters.
(4) A person who is physically disabled and unable to visit the office of the registrar to register to vote due to such disability may contact the registrar and request that the registrar or the registrar's deputy visit him or her for the purpose of registering such person to vote. The registrar or the registrar's deputy shall visit that person as soon as possible after such request and provide the person with an application for registration, if necessary. The completed application for registration shall be executed in the presence of the registrar or the registrar's deputy.
(5) (a) In the fall and spring of each year the registrar of each county shall furnish all public schools with mail-in voter registration applications. The applications shall be provided in a reasonable time to enable those students who will be eighteen (18) years of age before a general election to be able to vote in the primary and general elections.
(b) Each public school district shall permit access to all public schools of this state for the county registrar or the county registrar's deputy to register persons who are eligible to vote and to provide voter education.
(7) The registrar must preserve and maintain all ballots and election information for not less than forty-eight (48) months after the election.
SECTION 3. Section 23-15-39, Mississippi Code of 1972, is amended as follows:
23-15-39. (1) (a) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a form established by rule duly adopted by the Secretary of State.
(b) Any person submitting an application to be registered as an elector in compliance with the laws of this state must provide one (1) of the following documents to prove his or her United States citizenship:
(i) A birth certificate or a legible photocopy of the birth certificate; or
(ii) A United States naturalization documentation, a legible photocopy of the naturalization documentation, or the number of the voter'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 registrar verifies the number with the United States Citizenship and Immigration Services in the Department of Homeland Security or its successor.
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law.
(4) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided by the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Elections Management System has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the person, and the county registrar shall mail the applicant a voter registration card to the mailing address provided on the application.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he or she is a resident and may take the application with him or her and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be the registrar's duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. The registrar shall not charge a fee or cost to the applicant for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he or she shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read the application and oath to the person and the person's answers thereto shall be recorded by the registrar or the registrar's deputy. The person shall be registered as an elector if he or she otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The county registrar shall enter the voter registration information into the Statewide Elections Management System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged.
(9) In any case in which the corporate boundaries of a municipality change, whether by annexation or redistricting, the municipal clerk shall, within ten (10) days after approval of the change in corporate boundaries, provide to the county registrar conforming geographic data that is compatible with the Statewide Elections Management System. The data shall be developed by the municipality's use of a standardized format specified by the Statewide Elections Management System. The county registrar, county election commissioner or other county official, who has completed an annual training seminar sponsored by the Secretary of State pertaining to the implementation of new boundary lines in the Statewide Elections Management System and received certification for that training, shall update the municipal boundary information into the Statewide Elections Management System. The Statewide Elections Management System updates the municipal voter registration records and assigns electors to their municipal voting precincts. The county registrar shall forward to the municipal clerk written notification of the additions and changes, and the municipal clerk shall forward to the affected municipal electors written notification of the additions and changes.
SECTION 4. Sections 23-15-621, 23-15-623, 23-15-625, 23-15-627, 23-15-629, 23-15-631, 23-15-633, 23-15-635, 23-15-637, 23-15-639, 23-15-641, 23-15-643, 23-15-645, 23-15-649, 23-15-651, 23-15-653, and 23-15-657, Mississippi Code of 1972, which constitute the Absentee Balloting Procedures Law and are designated in the Code as Subarticle A, are repealed.
SECTION 5. Sections 23-15-711, 23-15-713, 23-15-715, 23-15-717, 23-15-719, 23-15-721, Mississippi Code of 1972, which constitute the Absentee Voter Law and are designated in the Code as Subarticle C, are repealed.
SECTION 6. Section 23-15-735, Mississippi Code of 1972, which prohibits delivery of absentee ballots to voters in person, is repealed.
SECTION 7. Section 23-15-751, Mississippi Code of 1972, is amended as follows:
23-15-751. If any registrar
or commissioner of elections shall refuse or neglect to perform any of the
duties prescribed by Sections * * * 23-15-671 through * * * 23-15-733, or
shall knowingly permit any person to sign a false affidavit or otherwise
knowingly permit any person to violate Sections * * * 23-15-671 through * * * 23-15-733, or
shall violate any of the provisions thereof, or if any officer taking the
affidavits as provided in said acts shall make any false statement in his
certificate thereto attached, he shall, upon conviction, be deemed guilty of a
crime and shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00)
or by imprisonment in the Penitentiary not exceeding one (1) year, and shall be
removed from office.
SECTION 8. Section 23-15-753, Mississippi Code of 1972, is amended as follows:
23-15-753. (1) Any person
who fails to maintain the proper chain of custody for ballots as required by
Section 23-15-595 and any other law, or who willfully, unlawfully and
feloniously procures, seeks to procure, or seeks to influence the vote of any
person voting by absentee ballot, by the payment of money, the promise of
payment of money, or by the delivery of any other item of value or promise to
give the voter any item of value, or by promising or giving the voter any favor
or reward in an effort to influence his vote, or any person who aids, abets,
assists, encourages, helps, or causes any person voting an absentee ballot to
violate any provision of law pertaining to absentee voting, or any person who
sells his vote for money, favor, or reward, has been paid or promised money, a
reward, a favor or favors, or any other item of value, or any person who shall
willfully swear falsely to any affidavit provided for in Sections * * * 23-15-671 through * * * 23-15-733, shall
be guilty of the crime of "vote fraud" and, upon conviction, shall be
sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor
more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county
jail for no more than one (1) year, or by both fine and imprisonment, or by
being sentenced to the State Penitentiary for not less than one (1) year nor
more than five (5) years.
(2) It shall be unlawful
for any person who pays or compensates another person for assisting voters in
marking their absentee ballots to base the pay or compensation on the number of
absentee voters assisted or the number of absentee ballots cast by persons who
have received the assistance. Any person who violates this section, upon
conviction, shall * * *, be fined not less than One Thousand Dollars ($1,000.00) nor
more than Five Thousand Dollars ($5,000.00), or imprisoned in the Penitentiary
not less than one (1) year nor more than five (5) years, or both.
SECTION 9. Section 23-15-755, Mississippi Code of 1972, is amended as follows:
23-15-755. All of the
provisions of Sections * * * 23-15-671 through * * * 23-15-733 shall
be applicable, insofar as possible, to municipal, primary, preferential,
general and special elections, and wherever herein any duty is imposed or any
power or authority is conferred upon the county registrar, county election
commissioners, or county executive committee with reference to a state and
county election, such duty shall likewise be imposed and such power and
authority shall likewise be conferred upon the municipal registrar, municipal
election commission or municipal executive committee with reference to any
municipal election. Any duty, obligation or responsibility imposed upon the
registrar or upon the election commissioners, when applicable, shall likewise
be conferred upon and devolved upon the appropriate party, executive committee
or officials in any party primary.
SECTION 10. Section 23-15-391, Mississippi Code of 1972, is amended as follows:
23-15-391. The board of
supervisors of each county and the governing authorities of each municipality
shall use optical mark reading equipment * * *
that complies with the specifications provided by law. The election commissioners
may conduct special and municipal elections, as well as any necessary runoff
elections, by paper ballot when the election commissioners determine
that administration of an election by paper ballot will be less expensive than
administration of the same election by optical mark reading equipment * * *.
The results of all election conducted by use of optical mark reading equipment
must be verified manually within thirty (30) days after the election.
SECTION 11. Section 23-15-613, Mississippi Code of 1972, is amended as follows:
23-15-613. (1) As used in this section "residual votes" means overvotes, undervotes and any other vote not counted for any reason.
(2) For every election,
election commissions and county and municipal executive committees shall report
to the Secretary of State residual vote information; however, if the voting
devices * * *
used in the election do not produce a ballot, other information shall be
reported as required in this section.
(3) For every election,
election commissions and county and municipal executive committees responsible
for the conduct of elections in which ballots are generated that are counted by
hand or by OMR equipment * * * or the tabulating mechanism of a DRE unit shall report to the
Secretary of State all residual votes for all candidates and ballot measures in
the elections for which they are responsible for conducting. The residual vote
reports shall:
(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;
(b) Include any suggested explanation or suspected cause of the residual votes;
(c) Include a copy of a voided official ballot for the election as such ballot appeared to voters at the election and copies of voided affidavit and absentee ballots if they are different from the official ballot;
(d) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected; and
(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was used in the election.
(4) For every election,
election commissions and county and municipal executive committees responsible
for the conduct of election in which voting devices are used that do not
generate ballots that are counted by hand or by OMR equipment * * *
shall file a report with the Secretary of State which shall:
(a) Be received by the Secretary of State no later than December 15 of the year in which the election is held;
(b) Include the total voter turnout for each election to be determined by totaling the number of persons signing the receipt book at each precinct, absentee voters and persons who voted by affidavit ballot and persons whose ballots were challenged and rejected;
(c) Include in the report any anecdotal information obtained concerning voter problems with the voting equipment or ballot layout;
(d) Include in the report any suggested explanation or suspected cause of any difference in the amount of total voter turnout and the number of counted votes for candidates for various offices; and
(e) Include a copy of any printed voting instructions given or visible to voters in the election and a description of any verbal instructions and any other evidence of voter education that was used in the election.
(5) Not later than January 31 of the year following the election, the Secretary of State shall submit a report to the Governor, Lieutenant Governor and Speaker of the House of Representatives analyzing the reports required to be filed pursuant to this section. The analysis shall include the following:
(a) The performance of each voting device type used in the election;
(b) Any problems with voter or poll worker instructions or ballot design and layout that have been identified as a result of analyzing the reports received;
(c) Recommendations for reducing the number of residual votes reported; and
(d) Such other information as the Secretary of State deems beneficial.
(6) The reports required pursuant to this section shall be in such form as may be required by rules and regulations promulgated by the Secretary of State.
SECTION 12. Section 23-15-523, Mississippi Code of 1972, is amended as follows:
23-15-523. (1) All proceedings at the counting center shall be under the direction of the election commissioners or officials in charge of the election, and shall be conducted under the observations of the public, but no persons except those authorized for the purpose shall touch any ballot. All persons who are engaged in processing and counting of the ballots shall take the oath provided in Section 268, Mississippi Constitution of 1890.
(2) The election commissioners or the officials in charge of the election shall appoint qualified electors who have received the training required by subsection (11) of this section to serve as members of the "resolution board." An odd number of not less than three (3) members shall be appointed to the resolution board. The members of the board shall take the oath provided in Section 268, Mississippi Constitution of 1890. All ballots that have been rejected by the OMR equipment and that are damaged or defective, blank or overvoted will be reviewed by the board. Election commissioners, candidates who are on the ballot and the spouse, parents, siblings or children of such a candidate shall not be appointed to the resolution board. In general and special elections, members of the party executive committees shall not be appointed to the resolution board unless members of all of the party executive committees who have a candidate on the ballot are appointed to the resolution board.
(3) (a) If any ballot is damaged or defective so that it cannot be properly counted by the OMR equipment, the ballot will be deposited in an envelope provided for that purpose marked "RESOLUTION BOARD." All such ballots shall be carefully handled so as to avoid altering, removing or adding any mark on the ballot.
(b) The election commissioners or the officials in charge of the election shall have the members of the resolution board ascertain the intent of the voter, if possible, and, if so, manually count any damaged or defective ballots.
(c) The resolution board shall prepare a duplicate to the damaged or defective ballot in the following manner:
(i) The resolution board shall prepare a duplicate to the original damaged or defective ballot marked identically to the original.
(ii) The resolution board shall mark the first original they examine as "Original #1" and the duplicate of this original as "Duplicate #1." Later originals and duplicates shall be likewise marked and numbered consecutively so the duplicate of each original can be identified. Duplicate ballots shall be stamped in a different manner from the original ballots so that they may be easily distinguished from the originals.
(iii) The duplicate ballots prepared pursuant to this paragraph shall be counted by the OMR equipment.
(4) The resolution board shall examine ballots that have been rejected by the OMR equipment for appearing to be "blank" to verify if they are blank or were marked with a "nondetectable" marking device. If it is determined that the ballot was marked with a nondetectable device, the resolution board shall prepare a duplicate to the original blank ballot in the same manner and in accordance with the same process provided in subsection (3)(c).
(5) All ballots that are rejected by the OMR equipment and that contain overvotes shall be inspected by the resolution board. Regarding those rejected ballots upon which an overvote appears, if the voter intent cannot be determined by the resolution board, the officials in charge of the election may use the OMR equipment in determining the vote in the races that are unaffected by the overvote. All other ballots that are overvoted shall be counted manually following the provisions of this section at the direction of the officials in charge of the election. The return printed by the OMR equipment to which have been added the manually tallied ballots, which shall be duly certified by the officials in charge of the election, shall constitute the official return of each voting precinct. Unofficial and incomplete returns may be released during the count. Upon the completion of the counting, the official returns shall be open to the public.
(6) When the resolution board reviews any OMR ballot in which the voter has failed to fill in the arrow, oval, circle or square for a candidate or a ballot measure, the resolution board shall, if the intent of the voter can be ascertained, count the vote if:
(a) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect within or on the line of the arrow, oval, circle or square by the ballot measure or the name of the candidate.
(b) The voter blackens the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate in pencil or ink and the blackened portion extends beyond the boundaries of the arrow, oval, circle or square.
(c) The voter marks the ballot with a "cross" (X) or "checkmark" (√) and the lines that form the mark intersect adjacent to the ballot measure or the name of the candidate.
(d) The voter underlines the ballot measure or the name of a candidate.
(e) The voter draws a line from the arrow, oval, circle or square to a ballot measure or the name of a candidate.
(f) The voter draws a circle or oval around the ballot measure or the name of the candidate.
(g) The voter draws a circle or oval around the arrow, oval, circle or square adjacent to the ballot measure or the name of the candidate.
(7) The resolution board, when inspecting an OMR ballot that contains or appears to contain one or more overvotes, appears to be damaged or defective, or is rejected by the OMR equipment for any reason or cannot be counted by the OMR equipment, shall make its determination in accordance with the following:
(a) When an elector casts more votes for any office or measure than he or she is entitled to cast at an election, all the elector's votes for that office or measure are invalid and the elector is deemed to have voted for none of them. If an elector casts less votes for any office or measure than he or she is entitled to cast at an election, all votes cast by the elector shall be counted but no vote shall be counted more than once.
(b) If an elector casts more than one (1) vote for the same candidate for the same office, the first vote is valid and the remaining votes for that candidate are invalid.
(c) No write-in vote for a candidate whose name is printed on the ballot shall be regarded as invalid due to misspelling a candidate's name, or by abbreviation, addition or omission or use of a wrong initial in the name, as long as the intent of the voter can be ascertained.
(d) In any case where a voter writes in the name of a candidate for President of the United States whose name is printed on the general election ballot, the failure by the voter to write in the name of a candidate for the Office of Vice President of the United States on the general election ballot does not invalidate the elector's vote for the slate of electors for any candidate whose name is written in for the Office of President of the United States.
(e) For any ballot measure in which the words "for" or "against" are printed on a ballot, if the voter shall write the word "for" or the word "against" instead of or in addition to marking the ballot in accordance with the ballot instruction in the space adjacent to the preprinted words "for" or "against," the resolution board shall, in reviewing such ballot, count the vote in accordance with the voter's handwritten preference, unless the voter marks the ballot in the space adjacent to the preprinted words "for" or "against" contrary to the handwritten preference, in which case no vote shall be recorded for such ballot in regard to the ballot measure.
(f) For any ballot measure in which the words "yes" or "no" are printed on a ballot, if the voter shall write the word "yes" or the word "no" instead of or in addition to marking the ballot in accordance with the ballot instructions in the space adjacent to the preprinted words "yes" or "no," the resolution board shall, in reviewing such ballot, count the vote in accordance with the voter's handwritten preference, unless the voter marks the ballot in the space adjacent to the preprinted words "yes" or "no" contrary to the handwritten preference, in which case no vote shall be recorded for such ballot in regard to the ballot measure.
(8) OMR equipment shall be programmed, calibrated, adjusted and set up to reject ballots that appear to be damaged or defective. Any switch, lever or feature on OMR equipment that enables or permits the OMR equipment to override the rejection of damaged or defective ballots so that such ballots will not be reviewed by the resolution board, shall not be used.
(9) Ballots shall be manually counted by the resolution board only when the ballots are:
(a) Properly before the resolution board due to being rejected by the OMR equipment because the ballots appear to be damaged or defective or are rejected by the OMR equipment for any other reason; or
(b) Properly before the resolution board due to a malfunction in the OMR equipment.
(10) The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
(11) The executive committee of each county or municipality, in the case of a primary election, or the election commissioners of each county or municipality, in the case of all other elections, in conjunction with the circuit or municipal clerk respectively, shall sponsor and conduct, a training session for up to two (2) hours, not less than five (5) days before each election, to instruct those qualified electors who are appointed to serve as members of the resolution board as to their specific duties in the election. No member appointed to serve on the resolution board shall serve in any election unless he or she has received such instruction once during the twelve (12) months immediately preceding the date upon which the election is held. Online training courses developed by the Secretary of State, though not sponsored or conducted by the executive committee or the election commissioners, may be used to meet the requirements of this subsection (11).
(12) The provisions of this section do not affect the manual-recount provisions of Section 23-15-391.
SECTION 13. Section 23-15-545, Mississippi Code of 1972, is amended as follows:
23-15-545. At each
election, at least one (1) poll manager shall be charged with writing in the
pollbook the word "VOTED," in the column having at its head the date
of the election, opposite the name of each elector upon return of a marked
paper ballot by the elector with the initials of the initialing poll manager or
alternate initialing poll manager affixed thereon. * * *
SECTION 14. Section 97-13-43, Mississippi Code of 1972, is amended as follows:
97-13-43. Any person who
willfully tampers with or damages any * * * tabulating computer or
device to be used or being used at or in connection with any election or who
prevents or attempts to prevent the correct operation of any * * * tabulating computer or
device shall be guilty of a felony and, upon conviction, be punished by
imprisonment for not more than ten (10) years, or be fined Five Thousand Dollars
($5,000.00), or both.
SECTION 15. Sections 23-15-531, 23-15-531.1, 23-15-531.2, 23-15-531.3, 23-15-531.4, 23-15-531.5, 23-15-531.6, 23-15-531.9, 23-15-531.10, and 23-15-531.12, Mississippi Code of 1972, which authorize the conduct of elections via Direct Recording Electronic Voting Equipment, are repealed.
SECTION 16. The following shall be codified as Section 23-15-615, Mississippi Code of 1972:
23-15-615. (1) (a) The Secretary of State is authorized to conduct a post-election audit of any election within the state.
(b) A county board of supervisors is authorized to commission a post-election audit by majority vote of any election within the county.
(c) All post-election audits are to be conducted by representatives of the Secretary of State, the county's Circuit Clerk, and the county's Election Commissioners.
(2) No county or precinct shall be selected for audit on the basis of race, geographical location or voting trends.
(3) A precinct where an election occurred that is being challenged under section 23-15-927, 23-15-951 or 23-15-955 is not eligible for post-election audit.
(4) The public shall not be denied access to nondisruptively observe every aspect of any post-election manual verification or audit.
(5) The Secretary of State shall promulgate administrative rules to carry out the provisions of this section.
SECTION 17. Section 33-15-11, Mississippi Code of 1972, is amended as follows:
33-15-11. (a) The Governor shall have general direction and control of the activities of the Emergency Management Agency and Council and shall be responsible for the carrying out of the provisions of this article, and in the event of a man-made, technological or natural disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.
(b) In performing his duties under this article, the Governor is further authorized and empowered:
(1) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this article with due consideration of the plans of the federal government, and to enter into disaster assistance grants and agreements with the federal government under the terms as may be required by federal law.
(2) To work with the Mississippi Emergency Management Agency in preparing a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such local plans to be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.
(3) In accordance with such plan and program for emergency management of this state, to ascertain the requirements of the state or the political subdivisions thereof for food or clothing or other necessities of life in the event of attack or natural or man-made or technological disasters and to plan for and procure supplies, medicines, materials and equipment, and to use and employ from time to time any of the property, services and resources within the state, for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
(4) To cooperate with the President and the heads of the Armed Forces, and the Emergency Management Agency of the United States, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies, for any action looking to emergency management, including the direction or control of (a) blackouts and practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack, (f) public meetings or gatherings under emergency conditions, and (g) the evacuation and reception of the civilian population.
(5) To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules and regulations made pursuant thereto.
(6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or natural, man-made or technological disaster.
(7) To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.
(8) To establish agencies and offices and to appoint executive, technical, clerical and other personnel as may be necessary to carry out the provisions of this article including, with due consideration to the recommendation of the local authorities, part-time or full-time state and regional area directors.
(9) To delegate any authority vested in him under this article, and to provide for the subdelegation of any such authority.
(10) On behalf of this state to enter into reciprocal aid agreements or compacts with other states and the federal government, either on a statewide basis or local political subdivision basis or with a neighboring state or province of a foreign country. Such mutual aid arrangements shall be limited to the furnishings or exchange of food, clothing, medicine and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; firefighting, rescue, transportation and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units, firefighting and police units and health units; and on such terms and conditions as are deemed necessary.
(11) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid arrangements with other states referred to above.
(12) To collect information and data for assessment of vulnerabilities and capabilities within the borders of Mississippi as it pertains to the nation and state's security and homeland defense. This information shall be exempt from the Mississippi Public Records Act, Section 25-61-1 et seq.
(13) Authorize any agency or arm of the state to create a special emergency management revolving fund, accept donations, contributions, fees, grants, including federal funds, as may be necessary for such agency or arm of the state to administer its functions of this article as set forth in the Executive Order of the Governor.
(14) To authorize the Commissioner of Public Safety to select, train, organize and equip a ready reserve of auxiliary highway patrolmen.
(15) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.
(16) To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price-fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services.
(17) To proclaim a state of emergency in an area affected or likely to be affected thereby when he finds that the conditions described in Section 33-15-5(g) exist, or when he is requested to do so by the mayor of a municipality or by the president of the board of supervisors of a county, or when he finds that a local authority is unable to cope with the emergency. Such proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon thereafter as possible, such proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor, upon advice of the director, shall review the need for continuing the state of emergency at least every thirty (30) days until the emergency is terminated and shall proclaim a reduction of area or the termination of the state of emergency at the earliest possible date that conditions warrant.
(18) To declare an emergency impact area when he finds that the conditions described in Section 33-15-5(o) exist. The proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon as possible, the proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor shall review the need for continuing the declaration of emergency impact area at least every thirty (30) days until the emergency is terminated, and shall proclaim the reduction of the emergency impact area or termination of the declaration of emergency impact area at the earliest date or dates possible.
(c) In addition to the powers conferred upon the Governor in this section, the Legislature hereby expressly delegates to the Governor the following powers and duties in the event of an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster where such disaster is beyond local control:
(1) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with a disaster or emergency.
(2) To transfer the direction, personnel or functions of state agencies, boards, commissions or units thereof for the purpose of performing or facilitating disaster or emergency services.
(3) To commandeer or utilize any private property if necessary to cope with a disaster or emergency, provided that such private property so commandeered or utilized shall be paid for under terms and conditions agreed upon by the participating parties. The owner of said property shall immediately be given a receipt for the said private property and said receipt shall serve as a valid claim against the Treasury of the State of Mississippi for the agreed upon market value of said property.
(4) To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population in coping with a disaster or emergency.
(d) This section does not authorize the Governor or a designee of the Governor to act in contravention of Section 33-7-303.
(e) A declaration of a state of emergency under this section has no effect whatsoever upon the election laws of this state, the procedure or manner of execution of an election, or upon the dates or schedules of an election without the approval of two-thirds (2/3) of each house of the Legislature.
SECTION 18. This act shall take effect and be in force from and after July 1, 2023.