MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Apportionment and Elections
By: Representatives Barker, Byrd
AN ACT TO CREATE THE MUNICIPAL ELECTION REFORM ACT OF 2015; TO AMEND SECTION 23-15-173, MISSISSIPPI CODE OF 1972, TO PROVIDE A CERTAIN EXCEPTION AS TO HOW MUNICIPAL GENERAL ELECTIONS ARE TO BE CONDUCTED; TO AMEND SECTION 23-15-171, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN MUNICIPAL SPECIAL OR PRIVATE CHARTER LANGUAGE RELATING TO WHEN ELECTIONS ARE TO BE HELD; TO AMEND SECTION 23-15-309, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFYING DATE FOR MUNICIPAL CANDIDATES; TO CREATE NEW SECTIONS WHICH REQUIRE A CERTAIN PROCEDURE RELATING TO ABSENTEE VOTING FOR GENERAL MUNICIPAL ELECTIONS; TO PROVIDE THAT CERTAIN MUNICIPALITIES MAY OPT OUT OF SUCH PROCEDURE; TO AMEND SECTION 23-15-541, MISSISSIPPI CODE OF 1972, TO REVISE HOW A MUNICIPAL ELECTOR MAY VOTE CURBSIDE; TO AMEND SECTIONS 23-15-625, 23-15-627, 23-15-637, 23-15-639 AND 23-15-641, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 23-15-361, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT INDEPENDENT CANDIDATES SHALL BE A QUALIFIED ELECTOR OF THE MUNICIPALITY AND WARD; TO BRING FORWARD SECTIONS 21-17-11, 23-15-753, 23-15-165, 23-15-353, 23-15-191 AND 23-15-591, WHICH PROVIDE FOR MUNICIPAL ELECTIONS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and cited as the "Municipal Election Reform Act of 2015."
SECTION 2. Section 23-15-173, Mississippi Code of 1972, is amended as follows:
23-15-173. (1) A general municipal election shall be held in each city, town or village on the first Tuesday after the first Monday of June 1985, and every four (4) years thereafter, for the election of all municipal officers elected by the people.
(2) All municipal general elections shall be held and conducted in the same manner as is provided by law for state and county general elections, unless otherwise specified by law.
SECTION 3. Section 23-15-171, Mississippi Code of 1972, is amended as follows:
23-15-171. (1) Municipal primary elections shall be held on the first Tuesday in May preceding the general municipal election and, in the event a second primary shall be necessary, such second primary shall be held on the third Tuesday in May preceding such general municipal election. At such primary election the municipal executive committee shall perform the same duties as are specified by law and performed by members of the county executive committee with regard to state and county primary elections. Each municipal executive committee shall have as many members as there are elective officers of the municipality, and such members of the municipal executive committee of each political party shall be elected in the primary elections held for the nomination of candidates for municipal offices. The provisions of this section shall govern all municipal primary elections as far as applicable, but the officers to prepare the ballots and the managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding such primary, and the returns of such election shall be made to such municipal executive committee. Vacancies in the executive committee shall be filled by it.
* * *
( * * *2) All primary elections in
municipalities shall be held and conducted in the same manner as is provided by
law for state and county primary elections, unless otherwise specified by
law.
SECTION 4. Section 23-15-309, Mississippi Code of 1972, is amended as follows:
23-15-309. (1) Nominations
for all municipal officers which are elective shall be made at a primary
election, or elections, to be held in the manner prescribed by law. All
persons desiring to be candidates for the nomination in the primary elections
shall first pay Ten Dollars ($10.00) to the clerk of the municipality, at least * * *
forty-five (45)
days prior to the first primary election, no later than 5:00 p.m. on such
deadline day.
(2) The fee paid pursuant to subsection (1) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he is affiliated, and the office for which he is a candidate.
(3) The clerk shall promptly receipt the payment, stating the office for which the person making the payment is running and the political party with which such person is affiliated. The clerk shall keep an itemized account in detail showing the time and date of the receipt of such payment received by him, from whom such payment was received, the party with which such person is affiliated and for what office the person paying the fee is a candidate. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. Such funds may be used and disbursed in the same manner as is allowed in Section 23-15-299 in regard to other executive committees.
(4) Upon receipt of the above
information, the proper municipal executive committee for a nominated
candidate, or the municipal election commissioner for an independent candidate
shall then determine whether each candidate is a qualified elector of the
municipality, and of the ward if the office sought is a ward office, shall
determine whether each candidate either meets all other qualifications to hold
the office he is seeking * * *or presents absolute proof that he will, subject to no contingencies,
meet all qualifications on or before the date of the general or special
election at which he could be elected to office by 5:00 p.m. on
the deadline date to qualify for such office. The executive committee
shall determine whether the candidate has taken the steps necessary to qualify
for more than one (1) office at the election. The committee also shall
determine whether any candidate has been convicted of any felony in a court of
this state, or has been convicted on or after December 8, 1992, of any offense
in another state which is a felony under the laws of this state, or has been
convicted of any felony in a federal court on or after December 8, 1992.
Excepted from the above are convictions of manslaughter and violations of the
United States Internal Revenue Code or any violations of the tax laws of this
state unless such offense also involved misuse or abuse of his office or money
coming into his hands by virtue of his office. If the proper municipal
executive committee finds that a candidate either (a) does not meet all qualifications
to hold the office he seeks and fails to provide absolute proof * * *, or (b) has been convicted of a felony as
described in this subsection and not pardoned, then the name of such candidate
shall not be placed upon the ballot. If the executive committee determines
that the candidate has taken the steps necessary to qualify for more than one
(1) office at the election, the action required by Section 23-15-905, shall be
taken.
(5) Where there is but one (1) candidate, the proper municipal executive committee when the time has expired within which the names of candidates shall be furnished shall declare such candidate the nominee.
SECTION 5. (1) Absentee ballots for general elections received by mail, except presidential ballots as provided for in Sections 23-15-731 and 23-15-733 and except as otherwise provided by Section 23-15-699, must be received by the registrar by 5:00 p.m. on the date preceding the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast not later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days.
(2) The registrar shall deposit all absentee ballots which have been timely cast in the registrar absentee ballot box upon receipt and keep such timely cast absentee ballots in the registrar's office in the registrar absentee ballot box on election day. The registrar shall clearly mark ballot boxes for absentee ballots as "registrar absentee ballot box." The registrar's office shall keep the "registrar absentee ballot box" in such registrar's office on election day and count such ballots as provided in Section 5 of this act.
(3) For each precinct, the registrar shall prepare a list of the persons who are registered to vote in the precinct and who cast an absentee ballot in the registrar's office by 5:00 p.m. on the date preceding the election. The list shall be delivered to the election manager at each precinct before the polls open on election day. If any person on the list appears in person to vote and votes in person at the poll, the election manager shall make note of such person on the list prepared by the registrar. The election managers shall deliver the list with notations of those who voted in person to the registrar as soon as possible after the polls have closed.
(4) Any municipality with a population of sixty-five thousand (65,000) inhabitants or less as shown by the latest federal decennial census may opt out of this section and shall conduct absentee ballot voting as otherwise prescribed by law.
SECTION 6. (1) In general elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) After the close of the polls, the registrar shall first take the envelopes containing the absentee ballots of such electors from the "registrar absentee ballot box," and the name, address and precinct inscribed on each envelope shall be announced by the registrar.
(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 registrar finds that the applicant is a registered and qualified voter or otherwise qualified to vote, and according to the list returned to the registrar by the election manager that he has not appeared in person and voted at the election, 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 registrar shall deposit it in the registrar absentee ballot box with the other ballots before counting any ballots and enter the voter's name in the receipt book provided for that purpose and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person. Once all absentee ballots have been deposited into the registrar absentee ballot box or boxes, as appropriate, the votes shall be counted and added to the votes cast at the appropriate precinct before the vote is certified. If voting machines are used, all absentee ballots shall be placed in separate registrar absentee ballot boxes before any ballots are counted, and the registrar shall immediately count such absentee ballots and add them to the votes cast in the voting machine or device before the vote is certified.
(2) In general elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) After the close of the regular balloting and at the close of the polls, the registrar shall first take the envelopes containing the absentee ballots of such electors from the registrar absentee ballot box, and the name, address and precinct inscribed on each envelope shall be announced by the registrar.
(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 registrar finds that the applicant is a registered and qualified voter or otherwise qualified to vote, and according to the list returned to the registrar by the election manager that he has not appeared in person and voted at the election, the unopened envelope shall be marked "ACCEPTED" and the registrar shall enter the voter's name in the receipt book provided for that purpose and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person.
(c) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.
When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.
(3) The registrar 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.
(4) If an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or duly qualified elector in the ward, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee or that the voter is present and has voted within the precinct where he represents himself to be a qualified elector, or duly qualified elector in the ward, or otherwise qualified to vote, on the date of the election at such precinct, the previously cast vote shall not be allowed. Without opening the voter's envelope the municipal registrar shall mark across its face "REJECTED," with the reason therefor.
(5) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED," with the reason therefor. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the general election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(6) If an affidavit is required and the registrar finds that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened, and the registrar shall write across the face of the envelope "REJECTED" giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.
(7) The ballots marked "REJECTED" shall be placed in a separate envelope in a secure ballot box marked "REJECTED ABSENTEE BALLOTS."
(8) If an affidavit is required, the registrar shall examine the affidavit of each absentee ballot envelope. If the registrar is satisfied that the affidavit is sufficient and that the absentee voter is otherwise qualified to vote, and the registrar or an official of the registrar shall announce the name of the voter and shall give any person present an opportunity to challenge in like manner and for the same cause as the voter could have been challenged had he presented himself personally. The ineligibility of the voter to vote by absentee ballot shall be a ground for a challenge. Also, the officials shall consider any absentee voter challenged when a person has previously filed a written challenge of such voter's right to vote. The registrar shall handle any such challenge in the same manner as other challenged ballots are handled.
(9) Any municipality with a population of sixty-five thousand (65,000) inhabitants or less as shown by the latest federal decennial census may opt out of this section and shall conduct absentee ballot voting as otherwise prescribed by law.
SECTION 7. Section 23-15-541, Mississippi Code of 1972, is amended as follows:
23-15-541. (1) At all elections, the polls shall be opened at seven o'clock in the morning and be kept open until seven o'clock in the evening and no longer. Upon the opening of the polls, and not before, the managers of the election shall designate two (2) of their number, other than the manager theretofore designated to receive the blank ballots, who shall thereupon be known respectively as the initialing manager and the alternate initialing manager. The alternate initialing manager, in the absence of the initialing manager, shall perform all of the duties and undertake all of the responsibilities of the initialing manager. When any person entitled to vote shall appear to vote, the managers shall identify the voter by requiring the voter to submit identification as required by Section 23-15-563, and then the voter shall sign his name in a receipt book or booklet provided for that purpose and to be used at that election only and said receipt book or booklet shall be used in lieu of the list of voters who have voted formerly made by the managers or clerks; whereupon and not before, the initialing manager or, in his absence, the alternate initialing manager shall endorse his initials on the back of an official blank ballot, prepared in accordance with law, and at such place on the back of the ballot that the initials may be seen after the ballot has been marked and folded, and when so endorsed he shall deliver it to the voter, which ballot the voter shall mark in the manner provided by law, which when done the voter shall deliver the ballot to the initialing manager or, in his absence, to the alternate initialing manager, in the presence of the others, and the manager shall see that the ballot so delivered bears on the back thereof the genuine initials of the initialing manager, or alternate initialing manager, and if so, but not otherwise, the ballot shall be put into the ballot box; and when so done one (1) of the managers or a duly appointed clerk shall make the proper entry on the pollbook. If the voter is unable to write his name on the receipt book, a manager or clerk shall note on the back of the ballot that it was receipted for by his assistance.
(2) (a) A poll manager shall be authorized to allow a physically disabled person to vote curbside during the hours in which the polls are open as described in this section.
Where the managers of an election, exercising their sound discretion, determine that a physically disabled person has arrived at the polls in a motor vehicle to vote, two (2) or more managers shall carry the pollbook, the receipt book, and a ballot or voting device to the motor vehicle, and after determining whether the disabled person is a qualified elector as provided by law, shall allow the disabled elector to cast his or her ballot in secret. For municipal elections, only the disabled person is allowed to be in the motor vehicle at the time that the disabled person casts his or her ballot, and any other person in the vehicle who is not the disabled person shall be required to exit the motor vehicle. After the disabled elector casts his or her ballot, the managers shall mark the pollbook "voted" by the elector's name in the pollbook. Any person or persons, as appropriate who are required to exit the motor vehicle under the provisions of this section for municipal elections, may re-enter the motor vehicle after the managers mark the pollbook "voted."
(b) If the ballot that is provided to the disabled elector is a paper ballot, the initialing manager shall initial the ballot as provided by law, and the disabled elector, after marking his or her ballot shall fold the ballot or place it in the ballot sleeve. The initialing manager or alternate initialing manager shall determine whether the initials on the ballot are genuine, and upon a determination that the initials are genuine, mark "voted" by the elector's name. The initialing manager or alternate initialing manager shall without delay place the ballot in the ballot box.
(c) If, while a voter is voting by curbside, there are less than three (3) managers immediately present within the polling place conducting an election or a political party primary, all voting at the polls shall stop until the managers conducting the curbside voting procedure return so that there are at least three (3) poll managers immediately present within the polling place to conduct the election or party primary at all times, and until a minimum of three (3) managers are present, the remaining poll manager or managers shall ensure the security of the ballot box, the voting devices, and any ballots and election materials.
SECTION 8. Section 23-15-625, Mississippi Code of 1972, is amended as follows:
23-15-625. (1) The registrar shall be responsible for providing applications for absentee voting as provided in this section. At least sixty (60) days prior to any election in which absentee voting is provided for by law, the registrar shall provide a sufficient number of applications. In the event a special election is called and set at a date which makes it impractical or impossible to prepare applications for absent elector's ballot sixty (60) days prior to the election, the registrar shall provide applications as soon as practicable after the election is called. The registrar shall fill in the date of the particular election on the application for which the application will be used.
(2) The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he serves. Any person who presents to the registrar an oral or written request for an absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote by absentee ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose. However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State. The form shall provide a place for such person to place his mark after the form has been filled out by the registrar.
(3) It shall be unlawful for any person to solicit absentee ballot applications or absentee ballots for persons staying in any skilled nursing facility as defined in Section 41-7-173. This prohibition shall not apply to:
(a) A family member of the person staying in the skilled nursing facility; or
(b) A person designated by the person for whom the absentee ballot application or absentee ballot is sought, the registrar or the deputy registrar.
As used in this subsection, "family member" means a spouse, parent, grandparent, sibling, adult child, grandchild or legal guardian.
(4) The registrar in the county wherein a voter is qualified to vote upon receiving the envelope containing the absentee ballots shall keep an accurate list of all persons preparing such ballots, which list shall be kept in a conspicuous place accessible to the public near the entrance to his office. The registrar shall also furnish to each precinct manager a list of the names of all persons in each respective precinct voting absentee ballots to be posted in a conspicuous place at the polling place for public notice. Except as otherwise provided for municipal elections, the application on file with the registrar and the envelopes containing the ballots shall be kept by the registrar and deposited in the proper precinct ballot boxes before such boxes are delivered to the election commissioners or managers. At the time such boxes are delivered to the election commissioners or managers, the registrar shall also turn over a list of all such persons who have voted and whose ballots are in the box.
(5) The registrar shall also be authorized to mail one (1) application to any qualified elector of the county for use in a particular election.
(6) Except as otherwise provided in this subsection for municipal registrars, the registrar shall process all applications for absentee ballots by using the Statewide Election Management System. Municipal registrars shall process all requests for applications for absentee ballots by using the Statewide Election Management System and mail the application within two (2) days of receiving a request. The registrar shall account for all absentee ballots delivered to and received from qualified voters by processing such ballots using the Statewide Election Management System.
(7) The registrar shall record the name and address of each person who is mailed an absentee ballot application.
SECTION 9. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. Except as otherwise provided in this section for general elections, the registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. The municipal registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot within two (2) days of receiving a request. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his deputy in order to be utilized to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________ (if eligible to vote by mail).
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
_________________________________
(Official authorized to administer oaths
for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 10. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
23-15-637. Except as otherwise provided for general elections, absentee ballots received by mail, except presidential ballots as provided for in Sections 23-15-731 and 23-15-733 and except as otherwise provided by Section 23-15-699, must be received by the registrar by 5:00 p.m. on the date preceding the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. All ballots cast by the absent elector appearing in person in the office of the registrar shall be cast not later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days. The registrar shall deposit all absentee ballots which have been timely cast in the ballot boxes upon receipt.
SECTION 11. Section 23-15-639, Mississippi Code of 1972, is amended as follows:
23-15-639. (1) Except as otherwise provided for general elections, in elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, 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 election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, 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 election managers 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 and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person. If voting machines are used, all absentee ballots shall be placed in the ballot box before any ballots are counted, and the election managers in each precinct shall immediately count such absentee ballots and add them to the votes cast in the voting machine or device.
(2) Except as otherwise provided in general elections, in elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:
(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, 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 election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the unopened envelope shall be marked "ACCEPTED" and the election managers shall enter the voter's name in the receipt book provided for that purpose and mark "VOTED" in the pollbook or poll list as if he had been present and voted in person.
(c) All absentee ballot envelopes shall then be placed in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county. The official in charge of the election shall open the envelopes marked "ACCEPTED" and remove the ballot from the envelope.
(d) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.
When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.
(3) The election managers 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.
SECTION 12. Section 23-15-641, Mississippi Code of 1972, is amended as follows:
23-15-641. (1) If an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or ward, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee or that the voter is present and has voted within the precinct where he represents himself to be a qualified elector, or otherwise qualified to vote, on the date of the election at such precinct, the previously cast vote shall not be allowed. Without opening the voter's envelope the commissioners of election, designated executive committee members or election managers, as appropriate, shall mark across its face "REJECTED", with the reason therefor.
(2) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked "REJECTED", with the reason therefor. The voter's envelopes and affidavits, and the voter's envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.
(3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope "REJECTED" giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.
(4) The ballots marked "REJECTED" shall be placed in a separate envelope in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county.
SECTION 13. Section 21-17-11, Mississippi Code of 1972, is brought forward as follows:
21-17-11. It shall be lawful for any number, not less than twenty percent (20%) of the qualified electors of any municipality, by petition, to propose an amendment or amendments to the charter of such municipality not in conflict with the Constitution and laws of the United States, or the Constitution of this state. The said amendment or amendments shall be published for three (3) weeks prior to a special election in a newspaper published in the municipality, if there be one, and if not, by posting for said time in at least three (3) public places therein. The publication of the amendment or amendments may be made as provided in Section 21-17-19. If such election results in favor of any such amendment or amendments, then the amendment or amendments shall be submitted to the Governor, as is provided in Section 21-17-9, and the procedure therein outlined shall be followed, except that it shall not be necessary to republish such amendment or amendments, or resubmit such amendment or amendments for approval of the qualified electors.
SECTION 14. Section 23-15-361, Mississippi Code of 1972, is amended as follows:
23-15-361. (1) The municipal general election ballot shall contain the names of all candidates who have been put in nomination by the municipal primary election of any political party and independent and special election candidates who have timely filed petitions containing the required signatures. There shall be printed on the ballots the names of all persons so nominated, whether the nomination be otherwise known or not, upon the written request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant in the primary election, and that the person whose name is presented by him was nominated by such primary election. The municipal election commissioner designated to have the ballots printed shall also have printed on the ballot in any municipal general election the name of any independent candidate who, not having been nominated by a political party, shall have been requested to be a candidate for any office by a petition filed with the clerk of the municipality no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary elections are required to pay the fee provided for in Section 23-15-309, and signed by not less than the following number of qualified electors:
(a) For an office elected by the qualified electors of a municipality having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
(b) For an office elected by the qualified electors of a municipality having a population of less than one thousand (1,000), not less than fifteen (15) qualified electors.
(2) Unless the petition required above shall be filed no later than 5:00 p.m. on the same date by which candidates for nomination in the municipal primary election are required to pay the fee provided for in Section 23-15-309, the name of the person requested to be a candidate, unless nominated by a political party, shall not be placed upon the ballot. The ballot shall contain the names of each candidate for each municipal office, and such names shall be listed under the name of the political party such candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. Provided further, however, that nothing in this section shall prohibit a person from qualifying as a nominee of a political party, or from requesting to be a candidate for the office by filing a petition, in the event of the death of a candidate for the office which makes it impossible to have an election contest. In the event such candidate qualifies as an independent as herein provided, he shall be listed on the ballot as an independent candidate.
(3) The clerk of the municipality shall notify the municipal commissioners of election of all persons who have filed petitions pursuant to subsection (1) of this section within two (2) business days of the date of filing.
(4) The ballot in elections to fill vacancies in any municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
(5) The municipal
commission shall determine whether each party candidate and independent
candidate in the municipal general election is a qualified elector of the
municipality, and of the ward if the office sought is a ward office and shall
determine whether each candidate either meets all other qualifications to hold
the office he is seeking * * * or presents absolute proof that he will, subject to no contingencies,
meet all qualifications on or before the date of the general or special
election at which he could be elected to office by 5:00 p.m. on
the deadline day to qualify for such office. The municipal election
commission also shall determine whether any candidate has been convicted of any
felony in a court of this state, or has been convicted on or after December 8,
1992, of any offense in another state which is a felony under the laws of this
state, or has been convicted of any felony in a federal court on or after
December 8, 1992. Excepted from the above are convictions of manslaughter and
violations of the United States Internal Revenue Code or any violations of the
tax laws of this state unless such offense also involved misuse or abuse of his
office or money coming into his hands by virtue of his office. If the
municipal election commission finds that * * * any candidate either (a) is not a
qualified elector, (b) does not meet all qualifications to hold the office he
seeks * * * by 5:00 p.m. on the deadline day to
qualify for such office, or (c) has been convicted of a felony as described
above and not pardoned, then the name of the candidate shall not be placed upon
the ballot.
(6) If after the deadline to qualify as a candidate for an office or after the time for holding any party primary election for an office, there shall be only one (1) person who has duly qualified to be a candidate for the office in the general election the name of such person shall be placed on the ballot; provided, however, that if there shall be not more than one (1) person duly qualified to be a candidate for each office on the general election ballot, the election for all offices on the ballot shall be dispensed with and the municipal election commission shall declare each candidate elected without opposition if the candidate meets all the qualifications to hold the office as determined pursuant to a review by the commission in accordance with the provisions of subsection (5) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
SECTION 15. Section 23-15-353, Mississippi Code of 1972, is brought forward as follows:
23-15-353. The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he shall have printed and distributed a sufficient number of ballots for use in each precinct. He shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The instructions shall be printed in large, clear type, on "cards of instruction," and the officer shall furnish the same in sufficient numbers for the use of electors. The cards shall be preserved by the officers of election and returned by them to the commissioners of election; and they may be used, if applicable, in subsequent elections.
SECTION 16. Section 23-15-305, Mississippi Code of 1972, is brought forward as follows:
23-15-305. The candidate who received the majority number of votes cast for the office which he seeks shall thereby become the nominee of his party for such office and no person shall be declared to be the nominee of his party unless and until he has received a majority of the votes cast for such office, except as hereinafter provided. If no candidate received such majority of the votes cast in the first primary, then the two (2) candidates who receive the highest number of votes cast for such office shall have their names submitted as such candidates to the second primary and the candidate who leads in such second primary shall be nominated for the office.
If the candidate who received the second highest number of votes cast for such office for any reason declines to enter the second primary, then in that event the candidate who received the third highest shall have his name submitted to the second primary, together with the candidate who received the highest number of votes cast for such office.
If the candidate who received the third highest number of votes cast for such office for any reason declines to enter the second primary, then in that event the candidate who received the fourth highest shall have his name submitted to the second primary, together with the candidate who received the highest number of votes cast for such office.
If no candidate will enter the second primary with the candidate who received the highest number of votes cast, then the candidate who received the highest number of votes cast in the first primary shall be declared the nominee of his party for such office.
SECTION 17. Section 23-15-191, Mississippi Code of 1972, is brought forward as follows:
23-15-191. The first primary shall be held on the first Tuesday after the first Monday of August preceding any regular or general election; and the second primary shall be held three (3) weeks thereafter. Any candidate who receives the highest popular vote cast for the office which he seeks in the first primary shall thereby become the nominee of the party for such office; provided also it be a majority of all the votes cast for that office. If no candidate receive such majority of popular votes in the first primary, then the two (2) candidates who receive the highest popular vote for such office shall have their names submitted as such candidates to a second primary, and the candidate who leads in such second primary shall be nominated to the office. When there is a tie in the first primary of those receiving next highest vote, these two (2) and the one (1) receiving the highest vote, none having received a majority, shall go into the second primary, and whoever leads in such second primary shall be entitled to the nomination.
SECTION 18. Section 23-15-591, Mississippi Code of 1972, is brought forward as follows:
23-15-591. When the votes have been completely and correctly counted and tallied by the managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the said result, said certificate to be signed by the managers and clerks, one (1) of the certificates to be inclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally thereof have been completed, the managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall be inclosed therein also one (1) of the duplicate receipts given by the 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 said duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the managers, which statement must be inclosed in the ballot box. There shall be also inclosed in said box the tally list, the receipt booklet containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in said receipt booklet.
SECTION 19. Section 23-15-753, Mississippi Code of 1972, is brought forward as follows:
23-15-753. (1) Any person 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 23-15-621 through 23-15-735, 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 20. Section 23-15-165, Mississippi Code of 1972, is brought forward as follows:
23-15-165. (1) From and after July 1, 2002, the Office of the Secretary of State, in cooperation with the local registrars and election commissioners, shall begin to 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 such 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; and
(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.
(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 shall be 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 majority approval of the advisory committee and 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. Such 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 insure that only the registrar, or his 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 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 of 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 designee or other appropriate official, as the law may require, to identify the precinct and subprecinct 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 shall establish an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee shall include 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 designee; the Executive Director of the Department of Information Technology Services, or his 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 chairman 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 21. This act shall take effect and be in force from and after July 1, 2015.