House Bill 724

AN ACT TO AMEND SECTION 97-13-23, MISSISSIPPI CODE OF 1972, TO CREATE AN ELECTION CRIME FOR WHEN A PERSON WHO IS LEGALLY AUTHORIZED UNDER SECTION 23-15-907 TO TRANSMIT THE BALLOT OF A VOTER, WILLFULLY FAILS TO TRANSMIT THE BALLOT, WITH THE INTENT TO KEEP THE BALLOT OF THAT VOTER FROM BEING CAST; TO PROVIDE THAT SUCH CRIME SHALL BE A FELONY, PUNISHABLE BY THREE YEARS IN THE COUNTY JAIL AND A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-13-23, Mississippi Code of 1972, is amended as follows:

97-13-23. (1) If any manager or returning officer shall fail or refuse to make return of the votes cast in any election, as required of him, he shall, on conviction, be imprisoned in the State Penitentiary not more than two (2) years, or be fined not more than Three Thousand Dollars ($3,000.00), or both; or in a county jail not more than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00), or both.

(2) If any person who is legally authorized under Section 23-15-907 to transmit the ballot of a voter who received his or her ballot by mail, and such person agreed to transmit that voter's ballot, either through communication or by virtue of his or her employment, and that person willfully fails to transmit the ballot, with the intent to keep the ballot of that voter from being cast, then such person shall, upon conviction, be guilty of a felony and, upon conviction, be imprisoned in the county jail for not more than three (3) years, and be subject to a fine of not more than Five Thousand Dollars ($5,000.00).

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.