MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Elections
By: Senator(s) England
AN ACT TO AMEND SECTION 23-15-15, MISSISSIPPI CODE OF 1972, TO CREATE THE SHIELD ACT; TO AMEND THE PROCESS THE REGISTRAR SHALL USE TO VERIFY VOTER APPLICANT CITIZENSHIP INFORMATION; TO PROVIDE THAT THE REGISTRAR SHALL REPORT TO THE SECRETARY OF STATE ANNUALLY REGARDING THE NUMBER REGISTRANTS FLAGGED BY THE SAVE SYSTEM CHECKS; TO CREATE NEW SECTION 23-15-165.1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO CONDUCT AN ANNUAL CHECK OF THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM RECORD AGAINST THE SAVE SYSTEM; TO PROVIDE THAT NO REMOVAL SHALL OCCUR SOLELY BASED ON A SAVE MATCH; TO CREATE NEW SECTION 23-15-165.2, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE WITH UPDATES ON THE SAVE DATA VERIFICATION CHECKS; TO CREATE NEW SECTION 23-15-165.3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SAVE DATA SHALL BE EXEMPT FROM PUBLIC DISCLOSURE; TO CREATE NEW SECTION 23-15-165.4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF ANY PROVISION OF THIS ACT IS FOUND TO BE INVALID, THAT THE REMAINING PROVISIONS SHALL REMAIN IN EFFECT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-15, Mississippi Code of 1972, is amended as follows:
23-15-15. (1) * * * This
shall be known and may be cited as the Safeguard Honesty Integrity in Elections
for Lasting Democracy "SHIELD Act."
(2) Upon receiving a
completed voter registration application, the registrar shall enter the
applicant into the Statewide Elections Management System. * * *
(3) After receiving the notice from the Statewide Elections Management
System as provided in subsections (1) and (2) of this section, the registrar,
or his or her designee, shall: The registrar 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) Compare the Department of Public Safety's driver's license and identification with the applicant's information;
(c) If * * * either of the databases
in paragraph (a) or (b) 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.
( * * *3) Any applicant who receives the
notice under subsection * * * (2)(c) 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.
( * * *4) 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.
( * * *5) If the applicant provides proof of
citizenship and meets all other qualifications provided by law, the registrar
shall register the applicant to vote.
( * * *6) If the applicant does not reply to
the notice or provide proof of citizenship, the registrar of the county, or his
or her designee, where the person registered to vote shall mark the applicant
as "PENDING" in the Statewide Elections Management System until the
next federal general election:
(a) A voter in pending status may cast an affidavit ballot. The affidavit ballot shall be considered if the voter provides the required documentation under subsection (5) of this section to the registrar within five (5) days of casting the affidavit ballot.
(b) If the applicant
fails to respond to the notice or cast an affidavit ballot and provide the
proof described in subsection ( * * *4) of this section * * * during
the period beginning on the date the notice was sent and ending on the day
after the date of the second general election for federal office that occurs
after the date of the notice, the registrar shall mark the applicant as
"REJECTED" in the Statewide Elections Management System.
(7) The registrar shall report to the Secretary of State on an annual basis:
(a) The number of registrants flagged by a SAVE system check; and
(b) The number removed following confirmation.
(8) 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.
SECTION 2. The following shall be codified as Section 23-15-165.1, Mississippi Code of 1972::
23-15-165.1. (1) The Secretary of State shall conduct a check annually of the entire Statewide Elections Management System records against the United States Citizenship and Immigration Service's Systematic Alien Verification for Entitlements (SAVE) or its successor database. The check must occur no later than one hundred eighty (180) days before a regularly scheduled federal general election.
(2) The Secretary shall transmit any potential ineligible matches to the appropriate registrar, who shall send a notice under Section 23-15-15, inquiring whether the individual is eligible to be registered to vote and place the voter in pending verification status until the voter provides proof of citizenship as outlined in 23-15-15 (3) through (6).
(3) No removal shall occur solely based on a SAVE match. Cancellation may occur only upon failure to respond or confirmation of ineligibility.
(4) No SAVE-based removal shall occur during the ninety-day period before a federal election.
SECTION 3. The following shall be codified as Section 23-15-165.2, Mississippi Code of 1972:
23-15-165.2. The Secretary of State shall submit an annual report to the Legislature detailing:
(a) The number of registrants flagged by a SAVE system check;
(b) The number removed following confirmation; and
(c) Recommendations for improvement.
SECTION 4. The following shall be codified as Section 23-15-165.3, Mississippi Code of 1972:
23-15-165.3. SAVE data shall be used in compliance with federal and state data protection laws. Personally identifiable information shall be exempt from public disclosure consistent with Section 25-61-11.
SECTION 5. The following shall be codified as Section 23-15-165.4, Mississippi Code of 1972:
23-15-165.4. If any provision within Sections 23-15-165.1 through 23-15-165.4 is held to be invalid, the remainder shall remain in effect.
SECTION 6. This act shall take effect and be in force from and after July 1, 2026.