Chapter 1. Qualification of Candidates and Registration of Political Parties [Repealed]

In General [Repealed]

§§ 23-1-1 and 23-1-3. Repealed.

Repealed by Laws, 1986, ch. 495, § 331, eff from and after January 1, 1987.

§23-1-1. [Codes, 1892, §§ 3256, 3257; 1906, § 3698; Hemingway’s 1917, § 6389; 1930, § 5865; 1942, § 3106; Laws, 1960, ch. 442]

§23-1-3. [Codes, 1892, §§ 3256, 3257; 1906, § 3699; Hemingway’s 1917, § 6390; 1930, § 5866; 1942, § 3107; Laws, 1948, ch. 308; Laws, 1952, ch. 391; Laws, 1963, 1st Ex Sess, ch. 32, § 2; Laws, 1968, ch. 566, § 1; Laws, 1972, ch 301, § 1; Laws, 1976, ch. 412, § 1; Laws, 1979, ch. 363, § 1]

Editor’s Notes —

Former §§23-1-1 through23-1-3 provided for qualification of candidates and registration of political parties.

For present similar provisions, see §23-15-1051 through23-15-1055.

§ 23-1-4. Repealed.

Repealed by Laws, 1986, ch. 484, § 15, eff from and after January 1, 1987.

[Laws, 1975, ch. 513]

§§ 23-1-5 through 23-1-67. Repealed.

Repealed by Laws, 1986, ch. 495, § 331, eff from and after January 1, 1987.

§23-1-5. [Codes, 1942, § 3107-01; Laws, 1950, ch. 458, § 1]

§23-1-7. [Codes, 1942, § 3107-02; Laws, 1950, ch. 458, § 2]

§23-1-9. [Codes, 1942, § 3107-04; Laws, 1950, ch. 458, § 4; Laws, 1970, ch. 506, § 1]

§23-1-11. [Codes, 1942, § 3107-06; Laws, 1950, ch. 458, § 6]

§23-1-15. [Codes, 1942, § 3107-11; Laws, 1963, 1st Ex Sess ch. 32, § 1]

§23-1-17. [Codes, 1942, § 3166; Laws, 1935, ch. 19]

§23-1-19. [Codes, 1942, § 3107-13; Laws, 1963, 1st Ex Sess ch. 32, § 4; Laws, 1978, ch. 389, § 1]

§23-1-21 and23-1-23. [Codes, 1942, §§ 3107-14, 3107-15; Laws, 1963, 1st Ex Sess ch. 32, §§ 5, 6]

§23-1-25. [Codes, 1942, § 3107.7; Laws, 1960, ch. 443]

§23-1-27. [Codes, 1942, § 3108.5; Laws, 1947, 1st Ex ch. 16; Laws, 1970, ch. 506, § 2]

§23-1-29. [Codes, 1942 § 3118.5; Laws, 1948, ch. 307, § 2; Laws, 1970, ch. 506, § 3]

§23-1-31. [Codes, 1942, § 3118.7; Laws, 1952, ch. 394; Laws, 1970, ch. 506, § 4]

§23-1-33. [Codes, 1906, § 3718; Hemingway’s 1917, § 6410; 1930, § 5878; 1942, § 3120; Laws, 1936, ch. 326; Laws, 1962, ch. 566, § 1; Laws, 1970, ch. 508, § 1]

§23-1-35. [Codes, 1930, § 5879; 1942, § 3121; Laws, 1944, ch. 170; Laws, 1947, 1st Ex ch. 18; Laws, 1962, chs. 566, 567; Laws, 1970, ch. 506, § 5]

§23-1-37. [Codes, 1930, § 5880 1942, § 3122]

§23-1-39. [Codes, 1906, § 3704; Hemingway’s 1917, § 6396; 1930, § 5881; 1942, § 3123; Laws, 1970, ch. 506, § 6; Laws, 1978, ch. 391, § 1; Laws, 1984, ch. 401, § 4]

§23-1-41. [Codes, 1906, § 3716; Hemingway’s 1917, § 6408; 1930, § 5886; 1942, § 3128.5; Laws, 1970, ch. 506, § 7]

§§23-1-43 through23-1-61. [Codes, 1942, §§ 3133-01 to 31330-10; Laws, 1970, ch. 506, §§ 8 to 17]

§23-1-63. [Codes, 1906, § 3726; Hemingway’s 1917, § 6417; 1930, § 5905; 1942, § 3152; Laws, 1910, ch. 209; Laws, 1950, ch. 499; Laws, 1952, ch. 379; Laws, 1970, ch. 506, § 18]

§23-1-65. [Codes, 1930, § 5906; 1942, § 3153; Laws, 1970, ch. 506, § 19]

§23-1-67. [Codes, 1906, § 3718; Hemingway’s 1917, § 6410; 1930, § 5877; 1942, § 3119; Laws, 1966, ch. 610, § 1; Laws, 1970, ch. 507, § 1; repealed Laws, 1970, ch. 506, § 33; amended Laws, 1972, ch. 366, § 1]

Editor’s Notes —

Former §§23-1-5 through23-1-67 provided for qualification of candidates and registration of political parties.

For present similar provisions to §§23-1-1 through23-1-23, see §§23-15-1059 through23-15-1069.

For present similar provisions to former §23-1-33, see §23-15-297.

For present similar provisions to former §23-1-39, see §23-15-331.

For present similar provisions to former §23-1-63, see §23-15-557.

For present similar provisions to former §23-1-65, see §23-15-311.

For present similar provisions to former §23-1-67, see §23-15-301.

Selection of Candidates Through Preferential Election and Their Election [Repealed]

§§ 23-1-81 through 23-1-103. Repealed.

Repealed by Laws, 1986, ch. 495, § 332, eff from and after January 1, 1987.

§23-1-81 through §23-1-103. [Laws, 1976, ch. 485, §§ 1-10, 13, 15]

Editor’s Notes —

Former §§23-1-81 through23-1-103 provided for selection of candidates through preferential election.

Chapter 3. Corrupt Practices [Repealed]

§§ 23-3-1 through 23-3-39. Repealed.

Repealed by Laws, 1986, ch. 495, § 333, eff from and after January 1, 1987.

§§23-3-1,23-3-3. [Codes, 1942, § 3158; Laws, 1935, ch. 19; Laws, 1952, ch. 392]

§§23-3-5,23-3-7. [Codes, 1942, §§ 3158.3 3158.5; Laws, 1948, chs. 310, 311]

§23-3-9. [Codes, 1942, § 3159; Laws, 1935, ch. 19]

§23-3-11. [Codes, 1942, § 3160; Laws, 1935, ch. 19; Laws, 1936, ch. 320; Laws, 1955 Ex ch. 100, § 2]

§23-3-13. [Codes, 1942, § 3164; Laws, 1935, ch. 19; Laws, 1960, ch. 448]

§23-3-15. [Codes, 1942, § 3165; Laws, 1935, ch. 19]

§23-3-17. [Codes, 1942, § 3166; Laws, 1935, ch. 19; Laws, 1979, ch. 487, § 4]

§§23-3-19 through23-3-39. [Codes, 1942, §§ 3167-3178; Laws, 1935, ch. 19]

Editor’s Notes —

Former §§23-3-1 and23-3-39 provided for corrupt practices.

For present similar provisions of former §23-3-13, see §23-15-541,23-15-581.

For present similar provisions of former §23-3-15, see §23-15-543.

For present similar provisions of former §23-3-17, see §23-15-895.

For present similar provisions to former §§23-3-19 through23-3-39, see §§23-15-319,23-15-335,23-15-579,23-15-591 through23-15-595,23-15-871,23-15-873,23-15-875 through23-15-879,23-15-897,23-15-911.

§§ 23-3-41 through 23-3-47. Repealed.

Repealed by Laws, 1986, ch. 495, §§ 333 and 334, eff from and after January 1, 1987.

§23-3-41. [Codes, 1942, § 3179; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 1; Laws, 1978, ch. 479, § 1]

§23-3-43. [Codes, 1942, § 3181; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 2; Laws, 1978, ch. 479, § 2]

§23-3-45. [Codes, 1942, § 3182; Laws, 1935, ch. 19; Laws, 1968, ch. 567, § 1]

§23-3-47. [Codes, 1942, § 3183; Laws, 1935 ch. 19]

Editor’s Notes —

Former §§23-3-41 through23-3-47 provided for corrupt practices.

For present similar provisions of former §23-3-41, see §§23-15-801 through23-15-815.

For present similar provisions of former §23-3-43, see §§23-15-801 through23-15-815,23-15-881.

For present similar provisions of former §23-3-45, see §23-15-927.

For present similar provisions of former §23-3-47, see §23-15-929.

§§ 23-3-49 through 23-3-63. Repealed.

Repealed by Laws, 1986, ch. 495, § 333, eff from and after January 1, 1987.

§§23-3-49,23-3-51. [Codes, 1942, §§ 3184, 3185; Laws, 1935, ch. 19; Laws, 1968, ch. 567, §§ 2, 3]

§§23-3-53 through23-3-57. [Codes, 1942, § 3186-3188; Laws, 1935, ch. 19]

§23-3-59. [Codes, 1942, § 3189; Laws, 1935, ch. 19; Laws, 1983, ch. 499, § 23]

§§23-3-61 and23-3-63. [Codes, 1942, §§ 3190, 3191; Laws, 1935, ch. 19]

Editor’s Notes —

Former §§23-3-49 through23-3-63 related to corrupt practices.

For present similar provisions to former §§23-3-49 and23-3-51, see §§23-15-931 and23-15-933.

For present similar provisions to former §§23-3-53 through23-3-57, see §§23-15-935 through23-15-939.

For present similar provisions to former §23-3-59, see §23-15-941.

For present similar provisions to §§23-3-61 and23-3-63, see §§23-15-963 and23-15-973.

§§ 23-3-65 through 23-3-71. Repealed.

Repealed by Laws, 1986, ch. 495, §§ 333 and 334, eff from and after January 1, 1987.

§23-3-65. [Codes, 1942, § 3192; Laws, 1935, ch. 19; Laws, 1978, ch. 479, § 3]

§23-3-67. [Codes, 1942, § 3193; Laws, 1935, ch. 19; Laws, 1971, ch. 510, § 3; Laws, 1978, ch. 479, § 4]

§23-3-69. [Codes, 1942, § 3194; Laws, 1935, ch. 19]

§23-3-71. [Codes, 1942, § 3195; Laws, 1935, ch. 19; Laws, 1944, ch. 210]

Editor’s Notes —

Former §§23-3-65 through23-3-71 provided for corrupt practices.

For present similar provisions to former §§23-3-67 through23-3-71, see §§23-15-801 through23-15-815,23-15-305, and23-15-319.

Chapter 5. Registration and Elections [Repealed]

In General [Repealed]

§§ 23-5-1 through 23-5-15. Repealed.

Repealed by Laws, 1986, ch. 495, § 335, eff from and after January 1, 1987.

§23-5-1. [Codes, 1871, §§ 340 et seq.; 1880, § 121; 1892, § 3601; 1906, § 4107; Hemingway’s 1917, § 6741; 1930, § 6176; 1942, § 3204; Laws, 1964, 1st Ex Sess ch. 30; Laws, 1968 ch. 568, § 1; Laws, 1970, ch. 509, § 1]

§23-5-3. [Codes, 1871, §§ 340 et seq.; 1880, § 121; 1892, § 3602; 1906, § 4108; Hemingway’s 1917, § 6742; 1930, § 6177; 1942, § 3205; Laws, 1968, ch. 568, § 2; Laws, 1978, ch. 431, § 1; Laws, 1979, ch. 359, § 1]

§23-5-7. [Codes, 1892, § 3603; 1906, § 4109; Hemingway’s 1917, § 6743; 1930, § 6178; 1942, § 3206; Laws, 1900, ch. 75; Laws, 1984, ch. 460, § 1]

§§23-5-9 and23-5-11. [Codes, 1880, §§ 102, 110; 1892, §§ 3604, 3605; 1906, §§ 4100, 4111; Hemingway’s 1917, §§ 6744, 6745; 1930, §§ 6179, 6180; 1942, §§ 3207, 3208; Laws, 1980, ch. 425 §§ 2, 3]

§23-5-13. [Codes, 1880, § 103; 1892, § 3606; 1906, § 4112; Hemingway’s 1917, § 6746; 1930, § 6181; 1942, § 3209; Laws, 1964, ch. 509, § 1; Laws, 1980, ch. 425, § 4]

§23-5-15. [Codes, 1942, § 3909.5; Laws, 1948, ch. 305; Laws, 1970, ch. 506, § 20]

Editor’s Notes —

Former §§23-5-1 through23-5-15 provided for registration and elections.

For present similar provisions to former §§23-5-1,23-5-3 and23-5-7, see §§23-15-211,23-15-213 and23-15-223, respectively.

For present similar provisions to former §§23-5-9 and23-5-11, see §§23-15-281, and23-15-283, respectively.

For present similar provisions to former §23-5-13, see §23-15-285.

§ 23-5-17. Repealed.

Repealed by Laws, 1972, ch. 490, § 604, and by Laws, 1986, ch. 495, § 335, eff from and after January 1, 1987.

[Codes, 1942, § 3209.6; Laws 1955, Ex ch. 102, § 1; Laws, 1960, ch. 449, § 1; Laws, 1962, ch. 569, § 1; Laws, 1965, Ex Sess, ch. 10, §§ 1-4]

Editor’s Notes —

For present similar provisions, see §23-15-39.

§§ 23-5-19 through 23-5-63. Repealed.

Repealed by Laws, 1986, ch. 495, § 335, eff from and after January 1, 1987.

§23-5-19. [Codes, 1942, § 3209.7; Laws 1955, Ex ch. 102, § 2; Laws, 1960, ch. 449, § 2; Laws, 1965 Ex Sess, ch. 11, § 1]

§§23-5-21,23-5-23. [Codes, 1942, §§ 3209.8, 3209.9; Laws, 1955, Ex ch. 102, §§ 3, 4]

§23-5-25. [Codes, 1892, § 3607; 1906, § 4113; Hemingway’s 1917, § 6747; 1930, § 6182; 1942, § 3210; Laws, 1952, ch. 398, § 1; Laws, 1955, Ex Sess ch. 102, § 5; Laws, 1962, ch. 569, § 3; Laws, 1965, Ex Sess, ch. 12, § 1; Laws, 1984, ch. 457, § 4]

§23-5-27. [Codes, 1942, § 3210.5; Laws, 1955, Ex ch. 102, § 6]

§23-5-29. [Codes, 1892, § 3615; 1906, § 4122; Hemingway’s 1917, § 6756; 1930, § 6183; 1942, § 3211; Laws, 1894, ch. 51; Laws, 1942, ch. 217; Laws, 1952, ch. 399; Laws, 1955, Ex ch. 103; Laws, 1966, ch. 611, § 1; Laws, 1984, ch. 457, § 5]

§23-5-31. [Codes, 1880, § 106; 1892, § 3611; 1906, § 4117; Hemingway’s 1917, § 6751; 1930, § 6184; 1942, § 3212; Laws, 1955, Ex Sess ch. 99; Laws, 1962, ch. 569, § 2; Laws, 1965, Ex Sess, ch. 13, § 1; Laws, 1978, ch. 393, § 2; Laws, 1984, ch. 460, § 2]

§23-5-32. [Laws, 1978, ch. 393, § 1]

§23-5-33. [Codes, 1942, § 3212.5; Laws, 1962, ch. 571, §§ 1-6; Laws, 1965 Ex Sess, ch. 14, § 1]

§23-5-35. [Codes 1871, § 343; 1880, § 108; 1892, § 3614; 1906, § 4120; Hemingway’s 1917, § 6754; 1930, § 6186; 1942, § 3214]

§23-5-37. [Codes, 1906, §§ 879, 4121; Hemingway’s 1917, §§ 4037, 6755; 1930, §§ 4079, 6187; 1942, §§ 3215, 7920; Laws, 1898, ch. 62; Laws, 1908, ch. 109]

§23-5-39. [Codes, 1930, § 6188; 1942, § 3216; Laws, 1924, ch. 154; Laws, 1934, ch. 310]

§23-5-41. [Codes, 1930, § 6189; 1942, § 3217; Laws, 1924, ch. 154]

§§23-5-43 through23-5-47. [Codes, 1880, §§ 113-115; 1892, §§ 3616-3618; 1906, §§ 4123-4125; Hemingway’s 1917, §§ 6757-6759; Laws, 1930, §§ 6190-6192; 1942, § 3218-3220]

§§23-5-49 and23-5-51. [Codes, 1892, §§ 3619, 3620; 1906, §§ 4126, 4127; Hemingway’s 1917, §§ 6760, 6761; 1930, §§ 6193, 6194; 1942, §§ 3221, 3222]

§23-5-53. [Codes, 1880, § 116; 1892, § 3622; 1906, § 4129; Hemingway’s 1917, § 6763; 1930, § 6195; 1942, § 3223; Laws, 1964, ch. 510, § 1; Laws, 1977, ch. 335; Laws, 1981, ch. 500, § 1; Laws, 1983, ch. 519]

§§23-5-55 and23-5-57. [Codes, 1892, §§ 3624, 3625; 1906, §§ 4131, 4132; Hemingway’s 1917, §§ 6765, 6766; 1930, §§ 6196,6197; 1942, § 3224, 3225]

§23-5-59. [Codes, 1892, § 3623; 1906, § 4130; Hemingway’s 1917, § 6764; 1930, § 6198; 1942, § 3226; Laws, 1968, ch. 569, § 1; Laws, 1970, ch. 506, § 21]

§23-5-61. [Codes, 1942, § 3226.5; Laws, 1960, ch. 446]

§23-5-63. [Codes, 1892, § 3626; 1906, § 4133; Hemingway’s 1917, § 6767; 1930, § 6199; 1942, § 3227; Laws, 1960, ch. 450]

Editor’s Notes —

Former §§23-5-25 through23-5-63 provided for registration and elections.

For present similar provisions to former §§23-5-21 through23-5-23, see §23-15-113.

For present similar provisions to former §23-5-27, see §23-15-91.

For present similar provisions to former §§23-5-29, see §23-15-37.

For present similar provisions to former §23-5-31, see §23-15-33.

For present similar provisions to former §§23-5-32, see §23-15-115.

For present similar provisions to former §§23-5-33, see §23-15-41.

For present similar provisions to former §§23-5-35, see §23-15-19.

For present similar provisions to former §§23-5-37, see §23-15-151.

For present similar provisions to former §§23-5-39, see §23-15-15.

For present similar provisions to former §§23-5-41, see §23-15-21.

For present similar provisions to former §§23-5-43 through23-5-47, see §§23-15-17.

For present similar provisions to former §§23-5-49 and23-5-51, see §§23-15-121,23-15-123.

For present similar provisions to former §§23-5-53, see §23-15-225.

For present similar provisions to former §§23-5-55 through23-5-63, see §§23-15-61 through23-15-69.

§§ 23-5-65 through 23-5-69. Repealed.

Repealed by Laws, 1986, ch. 495, § 5, eff from and after January 1, 1987.

[Codes, 1892, §§ 3626-3629; 1906, §§ 4134-4136; Hemingway’s 1917, §§ 6768-6770; 1930, §§ 6200-6202; 1942, §§ 3228-3230]

Editor’s Notes —

For present similar provisions, see §§23-15-71 through23-15-75.

§§ 23-5-71 through 23-5-131. Repealed.

Repealed by Laws, 1986, ch. 495, § 335, eff from and after January 1, 1987.

§23-5-71. [Codes, 1892, § 3630; 1906, § 4137; Hemingway’s 1917, § 6771; 1930, § 6203; 1942, § 3231; Laws, 1968, ch. 361, § 64]

§23-5-73. [Codes, 1892, § 3608; 1906, § 4114; Hemingway’s 1917, § 6748; 1930, § 6204; 1942, § 3232; Laws, 1962, ch. 574; Laws, 1977, 2d Ex Sess, ch. 24, § 3]

§23-5-74. [Laws, 1977, 2d Ex Sess, ch. 24, § 1]

§23-5-75. [Codes, 1892, § 3621; 1906, § 4128; Hemingway’s 1917, § 6762; 1930, § 6205; 1942, § 3233; Laws, 1977 2d Ex Sess, ch. 24, § 4]

§23-5-76. [Laws, 1977, 2d Ex Sess, ch. 24, § 2]

§23-5-77. [Codes, 1892, § 3610; 1906, § 4116; Hemingway’s 1917, § 6750; 1930, § 6206; 1942, § 3234]

§23-5-79. [Codes, 1880, § 124; 1892, § 3635; 1906, § 4142; Hemingway’s 1917, § 6776; 1930, § 6211; 1942, § 3239; Laws, 1968, ch. 570, § 1; Laws, 1970, ch. 506, § 24; Laws, 1979, ch. 487, § 1; Laws, 1983, ch. 423, §§ 1, 4]

§23-5-80. [Laws, 1983, ch. 423, § 3; Laws, 1986, ch. 484, § 14]

§23-5-81. [Codes, 1942, § 3240; Laws, 1938, Ex ch. 84; Laws, 1946, ch. 220; Laws, 1958, ch. 541; Laws, 1963, 1st Ex Sess ch. 33; Laws, 1966, ch. 612, § 1; Laws, 1975, ch. 497, § 1; Laws, 1979, ch. 487, § 2; Laws, 1983, ch. 423, §§ 2, 4]

§23-5-82. [Laws, 1983, ch. 524, §§ 1, 2]

§23-5-83. [Codes, 1880, § 125; 1892, § 3636; 1906, § 4143; Hemingway’s 1917, § 6777; 1930, § 6212; 1942, § 3241]

§23-5-85. [Codes, 1892, § 3631; 1906, § 4138; Hemingway’s 1917, § 6772; 1930, § 6207; 1942, § 3235; Laws, 1952, ch. 398, § 2; Laws, 1955, Ex ch. 101; Laws, 1962, ch. 575; Laws, 1965 Ex Sess, ch. 18, § 1]

§23-5-89. [Codes, Hutchinson’s 1848, ch. 7, art 5 (1); 1857, ch. 4, art 1; 1871, § 356; 1880, § 117; 1892, § 3632; 1906, § 4139; Hemingway’s 1917, § 6773; 1930, § 6209; 1942, § 3237; Laws, 1970, ch. 506, § 22]

§23-5-93. [Codes, Hutchinson’s 1848, ch. 7, art. 5 (1); 1857, ch. 4, art. 1; 1871, § 357; 1880, § 118; 1892, § 3633; 1906, § 4140; Hemingway’s 1917, § 6774; 1930, § 6210; 1942, § 3238; Laws, 1970, ch. 506, § 23; Laws, 1978, ch. 458, § 16; Laws, 1982, Ex Sess, ch. 17, § 19]

§23-5-95. [Codes, 1871, § 342; 1880, § 122; 1892, § 3634; 1906, § 4141; Hemingway’s 1917, § 6775; 1930, § 6213; 1942, § 3242; Laws, 1968, ch. 568, § 3]

§23-5-97. [Codes, 1942, § 3242.5; Laws, 1966, Ex Sess, ch. 33, §§ 1, 2; Laws, 1983, ch. 363]

§23-5-99. [Codes, Hutchinson’s 1848, ch. 7, art 5 (4); 1857, ch. 4, art 7; 1871, § 369; 1880, § 133; 1892, § 3643; 1906, § 4150; Hemingway’s 1917, § 6784; 1930, § 6214; 1942, § 3243; Laws, 1977 2d Ex Sess, ch. 24, § 5; Laws, 1980, ch. 486, § 1]

§23-5-101. [Codes, Hutchinson’s 1848, ch. 7, art. 5 (14); 1857, ch. 4, art. 9; 1880, § 134; 1892, § 3644; 1906, § 4151; Hemingway’s 1917, § 6785; 1930, § 6215; 1942, § 3244]

§23-5-103. [Codes, Hutchinson’s 1848, ch. 7, art 5 (4); 1857, ch. 4, art 7; 1871, § 369; 1880, § 135; 1892, § 3645; 1906, § 4152; Hemingway’s 1917, § 6786; 1930, § 6216; 1942, § 3245; Laws, 1980, ch. 486, § 2]

§23-5-105. [Codes, Hutchinson’s 1848, ch. 7, art 5 (13); 1857, ch. 4, art 6; 1871, § 365; 1880, § 128; 1892, § 3638; 1906, § 4145; Hemingway’s 1917, § 6779; 1930, § 6217; 1942, § 3246]

§23-5-107. [Codes, 1857, ch. 4, art 4; 1871, § 366; 1880, § 129; 1892, § 3639; 1906, § 4146; Hemingway’s 1917, § 6780; 1930, § 6218; 1942, § 3247]

§23-5-109. [Codes, 1880, § 130; 1892, § 3640; 1906, § 4147; Hemingway’s 1917, § 6781; 1930, § 6219; 1942, § 3248]

§23-5-111. [Codes, Hutchinson’s 1848, ch. 7, art 5 (15); 1857, ch 4, art 10; 1871, § 364; 1880, § 126; 1892, § 3637; 1906, § 4144; Hemingway’s 1917, § 6778; 1930, § 6220; 1942, § 3249]

§23-5-113. [Codes, 1880, § 145; 1892, § 3676; 1906, § 4183; Hemingway’s 1917, § 6817; 1930, § 6221; 1942, § 3250]

§23-5-115. [Codes, 1892, § 3646; 1906, § 4153; Hemingway’s 1917, § 6787; 1930, § 6222; 1942, § 3251]

§23-5-117. [Codes, 1892, § 3647; 1906, § 4154; Hemingway’s 1917, § 6788; 1930, § 6223; 1942, § 3252; Laws, 1978, ch. 390, § 1]

§23-5-119. [Codes, 1892, § 3651; 1906, § 4158; Hemingway’s 1917, § 6792; 1930, § 6224; 1942, § 3253; Laws, 1968 ch. 571, § 1]

§§23-5-121 through23-5-125. [Codes, 1892, §§ 3659, 3650, 3657; 1906, §§ 4166, 4157, 4164; Hemingway’s 1917, §§ 6800, 6791, 6798; 1930, §§ 6225-6227; 1942, §§ 3254, 3256]

§23-5-127. [Codes, 1892, § 3660; 1906, § 4167; Hemingway’s 1917, § 6801; 1930, § 6228; 1942, § 3257; Laws, 1968, ch. 571, § 2]

§§23-5-129 and23-5-131. [Codes, 1892, §§ 3658, 3663; 1906, §§ 4165, 4170; Hemingway’s 1917, §§ 6799, 6804; 1930, §§ 6229, 6230; 1942, §§ 3258, 3259]

Editor’s Notes —

Former §§23-5-71 through23-5-119 provided for registration and elections.

For present similar provisions to former §23-5-71, see §23-15-77.

For present similar provisions to former §23-5-73, see §23-15-125.

For present similar provisions to former §23-5-74, see §23-15-129.

For present similar provisions to former §§23-5-76 and23-5-77, see §23-15-135.

For present similar provisions to former §23-5-79, see §23-15-153.

For present similar provisions to former §23-5-83, see §23-15-161.

For present similar provisions to former §23-5-85, see §23-15-11.

For present similar provisions to former §23-5-89, see §23-15-195.

For present similar provisions to former §§23-5-95 through23-5-97, see §§23-15-217 through23-15-219.

For present similar provisions to former §§23-5-99 through23-5-113, see §§23-15-231 through23-15-249.

For present similar provisions to former §§23-5-115 through23-5-117, see §§23-15-253 through23-15-255.

For present similar provisions to former §23-5-119, see §23-15-351.

For present similar provisions to former §§23-5-121 through23-5-125, see §§23-15-353 through23-15-357.

For present similar provisions to former §23-5-127, see §23-15-251.

§ 23-5-133. Repealed.

Repealed by Laws, 1978, ch. 429, § 3, eff July 1, 1978.

[Codes, 1892, § 3652; 1906, § 4159; Hemingway’s 1917, § 6793; 1930, § 6231; 1942, § 3260; Laws, 1944, ch. 168; Laws, 1947, 1st Ex ch. 11; Laws, 1950, ch. 458, § 7; Laws, 1955, Ex ch. 105; Laws, 1956, ch. 405, § 2; Laws, 1966, ch. 613, § 1; Laws, 1970, ch. 508, § 2]

§§ 23-5-134 through 23-5-139. Repealed.

Repealed by Laws, 1986, ch. 495, § 335, 336, 337, eff from and after January 1, 1987.

§23-5-134. [Laws, 1978, ch. 429, § 1; Laws, 1982, ch. 477, § 4]

§23-5-135. [Codes, 1892, § 3655; 1906, § 4162; Hemingway’s 1917, § 6796; 1930, § 6232; 1942, § 3261; Laws, 1944, ch. 169; Laws, 1947, 1st Ex ch. 12; Laws, 1970, ch. 506, § 25]

§23-5-136. [Laws, 1984, ch. 439, § 1]

§23-5-137. [Codes, 1892, § 3653; 1906, § 4160; Hemingway’s 1917, § 6794; 1930, § 6233; 1942, § 3262; Laws, 1984, ch. 439, § 2]

§23-5-139. [Codes, 1892, § 3656; 1906, § 4163; Hemingway’s 1917, § 6797; 1930, § 6234; 1942, § 3263; Laws, 1970, ch. 506, § 26; Laws, 1978, ch. 391, § 2; Laws, 1984, ch. 401, § 5]

Editor’s Notes —

Former §§23-5-134 through23-5-139 provided for registration and elections.

For present similar provisions, see §§23-15-359 through23-15-363,23-15-317,23-15-365, and23-15-367, respectively.

§§ 23-5-140 through 23-5-142. Repealed.

Repealed by Laws, 1986, ch. 501, § 4, eff from and after January 1, 1987.

§23-5-140. [Laws, 1986, ch. 501, § 1]

§23-5-141. [Codes, 1892, § 3654; 1906, § 4161; Hemingway’s 1917, § 6795; 1930, § 6235; 1942, § 3264]

§23-5-142. [Laws, 1979, ch. 502, § 1]

Editor’s Notes —

For present similar provisions of former §23-5-141, see §23-15-369.

§§ 23-5-143 through 23-5-247. Repealed.

Repealed by Laws, 1986, ch. 495, § 335, eff from and after January 1, 1987.

§§23-5-143 through23-5-247. [Codes, 1892, §§ 3658, 3663; 1906, §§ 4165, 4170; Hemingway’s 1917, §§ 6799, 6804; 1930, §§ 6229, 6230; 1942, §§ 3258, 3259]

§23-5-147. [Codes, Hutchinson’s 1848, ch. 7, art 5 (6); 1857, ch. 4, art 12; 1871, §§ 370, 371; 1880, § 136; 1892, § 3648; 1906, § 4155; Hemingway’s 1917, § 6789; 1930, § 6238; 1942, § 3267; Laws, 1916, ch. 230; Laws, 1960, ch. 451; Laws, 1964, ch. 511, § 1]

§23-5-149. [Codes, 1892, § 3609; 1906, § 4115; Hemingway’s 1917, § 6749; 1930, § 6239; 1942, § 3268]

§23-5-151. [Codes, 1892, § 3664; 1906, § 4171; Hemingway’s 1917, § 6805; 1930, § 6240; 1942, § 3269; Laws, 1948, ch. 306]

§§23-5-153 and23-5-155. [Codes, 1892, §§ 3649, 3665; 1906, §§ 4156, 4172; Hemingway’s 1917, §§ 6790, 6806; 1930, §§ 6241, 6242; 1942, §§ 3270, 3271]

§23-5-157. [Codes, 1892, § 3666; 1906, § 4173; Hemingway’s 1917, § 6807; 1930, § 6243; 1942, § 3272; Laws, 1928, ch. 196]

§§23-5-159 and23-5-161. [Codes, 1892, §§ 3668, 3669; 1906, §§ 4175, 4176; Hemingway’s 1917, §§ 6809, 6810; 1930, §§ 6245, 6246; 1942, §§ 3274, 3275]

§23-5-163. [Codes, 1871, § 367; 1880, § 143; 1892, § 3674; 1906, § 4181; Hemingway’s 1917, § 6815; 1930, § 6247; 1942, § 3276]

§23-5-165. [Codes, 1857, ch. 4, art 18; 1871, § 368; 1880, § 144; 1892, § 3675; 1906, § 4182; Hemingway’s 1917, § 6816; 1930, § 6248; 1942, § 3277]

§23-5-167. [Codes, 1871, § 377; 1880, § 139; 1892, § 3670; 1906, § 4177; Hemingway’s 1917, § 6811; 1930, § 6249; 1942, § 3278]

§23-5-169. [Codes, Hutchinson’s 1848, ch. 7, art 5 (9); 1857, ch. 4, art 13; 1871, § 377; 1880, § 138; 1892, § 3671; 1906, § 4178; Hemingway’s 1917, § 6812; 1930, § 6250; 1942, § 3279; Laws, 1970, ch. 506, § 27]

§23-5-171. [Codes, Hutchinson’s 1848, ch. 7, art 5 (8); 1857, ch. 4, art 14; 1871, § 378; 1880, § 140; 1892, § 3672; 1906, § 4179; Hemingway’s 1917, § 6813; 1930, § 6251; 1942, § 3280; Laws, 1970, ch. 506, § 28; Laws, 1978, ch. 458, § 17; Laws, 1982, Ex Sess, ch. 17, § 20]

§23-5-173. [Codes, 1857, ch. 4, art 15; 1871, § 378; 1880, § 141; 1892, § 3673; 1906, § 4180; Hemingway’s 1917, § 6814; 1930, § 6252; 1942, § 3281; Laws, 1970, ch. 506, § 29]

§23-5-175. [Codes, Hutchinson’s 1848, ch. 7, art 5 (16); 1857, ch. 4, art 5; 1880, § 131; 1892, § 3641; 1906, § 4148; Hemingway’s 1917, § 6782; 1930, § 6253; 1942, § 3282]

§23-5-177. [Codes, 1880, § 132; 1892, § 3642; 1906, § 4149; Hemingway’s 1917, § 6783; 1930, § 6254; 1942, § 3283]

§23-5-179. [Codes, 1892, § 3704; 1906, § 4211; Hemingway’s 1917, § 6847; 1930, § 6255; 1942, § 3284; Laws, 1976, ch. 350, §§ 1, 2; Laws, 1985, ch. 397, § 1]

§23-5-181. [Codes, 1892, § 3705; 1906, § 4212; Hemingway’s 1917, § 6348; 1930, § 6256; 1942, § 3285]

§23-5-183. [Codes, 1892, § 3706; 1906, § 4213; Hemingway’s 1917, § 6849; 1930, § 6257; 1942, § 3286; Laws, 1932, ch. 298; Laws, 1938, ch. 306; Laws, 1950, ch. 281; Laws, 1960, ch. 452, § 1; Laws, 1966 ch. 614, § 1; Laws, 1970, ch. 511, § 1; Laws, 1973, ch. 401 § 1; Laws, 1975, ch. 497, § 2; Laws, 1979, ch. 487, § 3; Laws, 1983, ch. 510]

§23-5-184. [Laws, 1973, ch. 346 § 1]

§23-5-185. [Codes, 1942, § 3286.5; Laws, 1954, ch. 357, §§ 1, 2; Laws, 1960, ch. 452, § 2; Laws, 1970, ch. 506, § 30]

§23-5-187. [Codes, Hutchinson’s 1848, ch. 7, art 7 (1); 1857, ch. 4, art 23; 1871, § 391; 1880, § 150; 1892, § 3679; 1906, § 4186; Hemingway’s 1917, § 6820; 1930, § 6258; 1942 § 3287]

§23-5-189. [Codes, 1880, § 151; 1892, § 3680; 1906, § 4187; Hemingway’s 1917, § 6821; 1930, § 6259; 1942, § 3288]

§23-5-191. [Codes, 1857, ch. 4, art 21; 1871, § 389; 1880, § 148; 1892, § 3677; 1906, § 4184; Hemingway’s 1917, § 6818; 1930, § 6260; 1942, § 3289]

§23-5-193. [Codes, Hutchinson’s 1848, ch. 7, art 5 (20); 1857, ch. 4, art 20; 1871, § 388; 1880, § 147; 1892, § 3678; 1906, § 4185; Hemingway’s 1917, § 6819; 1930, § 6261; 1942, § 3290]

§23-5-195. [Codes, Hutchinson’s 1848, ch. 7, art 6 (2); 1857, ch. 4, art 26; 1871, § 394; 1880, § 154; 1892, § 3681; 1906, § 4188; Hemingway’s 1917, § 6822; 1930, § 6262; 1942, § 3291]

§23-5-196. [Laws, 1979, ch. 343, §§ 1, 3; Laws, 1981, ch. 303, § 1]

§23-5-197. [Codes, 1906, § 4189; Hemingway’s 1917, § 6823; 1930, § 6263; 1942, § 3292; Laws, 1900, ch. 79; Laws, 1948, ch. 259; Laws, 1958, ch. 542; Laws, 1966, ch. 615, § 1; Laws, 1984, ch. 465, § 2]

§23-5-199. [Codes, 1880, § 155; 1892, § 3682; 1906, § 4191; Hemingway’s 1917, § 6825; 1930, § 6265; 1942, § 3294; Laws, 1966, ch. 615, § 3]

§23-5-201. [Codes, 1857, ch 4, art 29; 1871, § 395; 1880, § 157; 1892, § 3684; 1906, § 4192; Hemingway’s 1917, § 6826; 1930, § 6266; 1942, § 3295; Laws, 1956, ch. 405, § 1]

§23-5-203. [Codes, 1880, § 158; 1892, § 3685; 1906, § 4193; Hemingway’s 1917, § 6827; 1930, § 6267; 1942, § 3296; Laws, 1954, ch. 356; Laws, 1984, ch. 465, § 1]

§23-5-205. [Codes, 1942, § 3296.5; Laws, 1966 Ex Sess, ch. 32, §§ 1, 2]

§23-5-207. [Codes, Hutchinson’s 1848, ch. 7, art 4 (1); 1857, ch. 4, art 39; 1871, § 362; 1880, § 165; 1892, § 3699; 1906, § 4206; Hemingway’s 1917, § 6842; 1930, § 6268; 1942, § 3297]

§23-5-209. [Codes, Hutchinson’s 1848, ch. 7, art 4 (2); 1857, ch. 4, art 40; 1871, § 380; 1880, § 166; 1892, § 3700; 1906, § 4207; Hemingway’s 1917, § 6843; 1930, § 6269; 1942, § 3298; Laws, 1944, Ex ch. 2]

§23-5-210. [Laws, 1982, ch. 478, § 1]

§23-5-211. [Codes, Hutchinson’s 1848, ch. 7, art 4 (6); 1857, ch. 4, art 41; 1871, § 381; 1880, § 167; 1892, § 3701; 1906, § 4208; Hemingway’s 1917, § 6844; 1930, § 6270; 1942, § 3299]

§23-5-213. [Codes, Hutchinson’s 1848, ch. 7, art 4 (4); 1857, ch. 4, art 42; 1871, § 382; 1880, § 168; 1892, § 3702; 1906, § 4209; Hemingway’s 1917, § 6845; 1930, § 6271; 1942, § 3300; Laws, 1902, ch. 105; Laws, 1944, Ex ch. 4]

§23-5-215. [Codes, Hutchinson’s 1848, ch. 7, art 4 (5); 1857, ch. 4, art 43; 1880, § 169; 1892, § 3703; 1906, § 4210; Hemingway’s 1917, § 6846; 1930, § 6272; 1942, § 3301]

§23-5-217. [Codes, Hutchinson’s 1848, ch. 7, art 5 (10); 1857, ch. 4, art 32; 1871, § 360; 1880, § 160; 1892, § 3687; 1906, § 4194; Hemingway’s 1917, § 6828; 1930, § 6273; 1942, § 3302]

§23-5-219. [Codes, 1857, ch. 4, art 33; 1880, § 161; 1892, § 3688; 1906, § 4195; Hemingway’s 1917, § 6829; 1930, § 6274; 1942, § 3303]

§23-5-221. [Codes, 1857, ch. 4, art 35; 1871, § 361; 1880, § 162; 1892, § 3689; 1906, § 4196; Hemingway’s 1917, § 6830; 1930, § 6275; 1942, § 3304; Laws, 1968 ch. 572, §§ 1, 2]

§23-5-223. [Codes, 1892, § 3691; 1906, § 4198; Hemingway’s 1917, § 6832; 1930, § 6276; 1942, § 3305; Laws, 1902, ch. 61; Laws, 1932, ch. 136; Laws, 1952, ch. 401, § 1; Laws, 1956, ch. 407; Laws, 1962, ch. 576, § 1; Laws, 1966, ch. 616, § 1; Laws, 1972, ch. 305, § 1; Laws, 1981, 1st Ex Sess, ch. 8, § 1]

§23-5-225. [Codes, Hutchinson’s 1848, ch. 7, art 11; 1857, ch. 4, art 36; 1880, § 163; 1892, § 3690; 1906, § 4197; Hemingway’s 1917, § 6831; 1930, § 6277; 1942, § 3306]

§23-5-227. [Codes, Hemingway’s 1917, § 6834; 1930, § 6278; 1942, § 3307; Laws, 1914, ch. 148]

§§23-5-229 and23-5-231. [Codes, Hemingway’s 1917, §§ 6835, 6836; 1930, §§ 6279, 6280; 1942, §§ 3308, 3309; Laws, 1914, ch. 148]

§23-5-233. [Codes, Hemingway’s 1917, § 6840; 1930, § 6283; 1942, § 3312; Laws, 1914, ch. 150; Laws, 1973, ch. 362, § 1; Laws, 1981, ch. 314, § 1; Laws, 1984, ch. 465, § 3]

§§23-5-235 and23-5-237. [Codes, Hemingway’s 1917, §§ 6837, 6838, 6850; 1930, §§ 6281, 6284, 6292; 1942, §§ 3311-3313; Laws, 1914, ch. 150]

§23-5-239. [Codes, Hemingway’s 1917, § 6850; 1930, § 6284; 1942, § 3313; Laws, 1916, ch. 161]

§23-5-241. [Codes, 1942, § 3313.5; Laws, 1952, ch. 244, §§ 1-3; Laws, 1964, ch. 361; Laws, 1970, ch. 506, § 31]

§23-5-243. [Hemingway’s 1917, § 6851; 1930, § 6285; 1942, § 3314; Laws, 1916, ch. 161]

§23-5-245. [Codes, Hemingway’s 1917, § 6852; 1930, § 6286; 1942, § 3315; Laws, 1916, ch. 161; Laws, 1970, ch. 506, § 32]

§23-5-247. [Codes, Hemingway’s 1917, § 6855; 1930, § 6287; 1942, §§ 3190, 3316; Laws, 1916, ch. 161; Laws, 1935, ch. 19]

Editor’s Notes —

For present similar provisions to former §23-5-141, see §23-15-369.

For present similar provisions to former §§23-5-143 and23-5-145, see §§23-15-371, and23-15-373.

For present similar provisions to former §§23-5-147 through23-5-151, see §§23-15-581,23-15-591,23-15-545, and23-15-551, respectively.

For present similar provisions to former §§23-5-153 and23-5-155, see §§23-15-547, and23-15-553, respectively.

For present similar provisions to former §23-5-157, see §23-15-549.

For present similar provisions to former §§23-5-159 and23-5-161, see §§23-15-269.

For present similar provisions to former §23-5-165, see §23-15-901.

For present similar provisions to former §23-5-167, see §23-15-591.

For present similar provisions to former §§23-5-169 through23-5-175, see §§23-15-601 through23-15-609.

For present similar provisions to former §§23-5-179 and23-5-181, see §§23-15-259 and23-15-261.

For present similar provisions to former §§23-5-183 and23-5-184, see §§23-15-227 and23-15-229.

For present similar provisions to former §§23-5-187 through23-5-193, see §§23-15-951 through23-15-957.

For present similar provisions to former §§23-5-195 through23-5-199, see §§23-15-831 through23-15-839.

For present similar provisions to former §§23-5-201,23-5-203,23-5-207 and23-5-209, see §§23-15-851,23-15-833,23-15-781 and23-15-783, respectively.

For present similar provisions to former §§23-5-210 through23-5-215, see §§23-15-785 through23-15-789,23-15-791 and23-15-995.

For present similar provisions to former §§23-5-217,23-5-219,23-5-221 and23-5-223, see §§23-15-1033 through23-15-1037 and23-15-853.

For present similar provisions to former §§23-5-225 through 23-5-231, see §§23-15-1039,23-15-1041, and23-15-855, respectively.

For present similar provisions to former §23-5-233, see §23-15-843.

For present similar provisions to former §§23-5-235 and23-5-237, see §§23-15-1011, and23-15-1015, respectively.

For present similar provisions to former §§23-5-241,23-5-245 and23-5-247, see §§23-15-993,23-15-607, and23-15-849, respectively.

For present similar provisions of former §§23-5-241,23-5-245 and23-5-247, see §§23-15-993,23-15-607, and23-15-849, respectively.

Mississippi Registration Law [Repealed]

§§ 23-5-301 through 23-5-313. Repealed.

Repealed by Laws, 1986, ch. 495, § 337, eff from and after January 1, 1987.

§23-5-301. [Codes, 1942, § 3203-501; Laws, 1972, ch. 490, § 501]

§23-5-303. [Codes, 1942, § 3203-502; Laws, 1972, ch. 490, § 502; Laws, 1975, ch. 502, § 1; Laws, 1984, ch. 457, § 1]

§23-5-305. [Codes, 1942, § 3203-503; Laws, 1972, ch. 490, § 503; Laws, 1975, ch. 502, § 2]

§23-5-307. [Codes, 1942, § 3203-504; Laws, 1972, ch. 490, § 504]

§23-5-309. [Codes, 1942, § 3203-505; Laws, 1972, ch. 490, § 505]

§23-5-311. [Codes, 1942, § 3203-601; Laws, 1972, ch. 490, § 601]

§23-5-312. [Laws, 1975, ch. 503, § 3]

§23-5-313. [Codes, 1942, § 3203-603; Laws, 1972, ch. 490, § 603]

Editor’s Notes —

Former §§23-5-301 through23-5-313 provided for registration and elections.

For present similar provisions of former §§23-5-303 through23-5-313, see §§23-15-31,23-15-39,23-15-43,23-15-45,23-15-79,23-15-93 and23-15-95, respectively.

Chapter 7. Voting Machines and Electronic Voting System [Repealed]

Article 1. Voting Machines [Repealed].

§§ 23-7-1 and 23-7-3. Repealed.

Repealed by Laws, 1986, ch. 486, § 338, eff from and after January 1, 1987.

[Codes, 1942, §§ 3316-01, 3316-24; Laws, 1954, ch. 360, §§ 1, 24]

Editor’s Notes —

For present similar provisions, see §23-15-223.

§§ 23-7-5 through 23-7-51. Repealed.

Repealed by Laws, 1986, ch. 495, § 338, eff from and after January 1, 1987.

§23-7-5. [Codes, 1942, § 3316-02; Laws, 1954, ch. 360, § 2; Laws, 1978, ch. 387, § 1]

§§23-7-7 through23-7-51. [Codes, 1942, §§ 3316-03 to 3316-23; Laws, 1954, ch. 360, §§ 3-26]

Article 3. Electronic Voting Systems [Repealed].

§§ 23-7-301 through 23-7-325. Repealed.

Repealed by Laws, 1986, ch. 495, § 339, eff from and after January 1, 1987.

§§23-7-301 through23-7-309. [Codes, 1942, §§ 3316-31 to 3316-35; Laws, 1966, ch. 609, §§ 1-51]

§23-7-311. [Codes, 1942, § 3316-36; Laws, 1966, ch. 609, § 6; Laws, 1972, ch. 512, § 2]

§§23-7-313 and23-7-315. [Codes, 1942, §§ 3316-37, 3316-38; Laws, 1966, ch. 609, §§ 7, 8]

§23-7-317. [Codes, 1942, § 3316-39; Laws, 1966, ch. 609, § 9; Laws, 1972, ch. 512, § 1]

§§23-7-319 through23-7-325. [Codes, 1942, § 3316-40 to 3316-43; Laws, 1966, ch. 609, §§ 10-13]

Editor’s Notes —

For present similar provisions, see §§23-15-461 through23-15-485, respectively.

Article 5. Optical Mark Reading Tabulating Equipment [Repealed].

§§ 23-7-501 through 23-7-525. Repealed.

Repealed by Laws, 1986, ch. 495, § 340, eff from and after January 1, 1987.

[Laws, 1984, ch. 509, §§ 1-13]

Editor’s Notes —

For present similar provisions, see §23-15-501 through23-15-525.

Chapter 9. Absentee Ballot [Repealed]

Article 1. Absentee Voting by Persons in Armed Forces [Repealed].

§§ 23-9-1 through 23-9-31. Repealed.

Repealed by Laws, 1972, ch. 490, § 604, eff May 15, 1972.

§23-9-1. [Codes, 1942, § 3196-01; Laws, 1942, ch. 202; Laws, 1944, ch. 171, § 5; ch. 359, § 1]

§23-9-3. [Codes, 1942, § 3196-02; Laws, 1954, ch. 359, § 2]

§23-9-5. [Codes, 1942, § 3196-03; Laws, 1954, ch. 359, § 3]

§23-9-7. [Codes, 1942, § 3196-04; Laws, 1942, ch. 202; Laws, 1944, ch. 171, § 2; Laws, 1952, ch. 396, § 1; Laws, 1954, ch. 359, § 4]

§23-9-9. [Codes, 1942, § 3196-05; Laws, 1942, ch. 202; Laws, 1944, ch. 171; Laws, 1954, ch. 359, § 5]

§§23-9-11 and23-9-13. [Codes, 1942, §§ 3196-06, 3196-07; Laws, 1942, ch. 202; Laws, 1944, ch. 171, §§ 4, 5; Laws, 1952, ch. 396, §§ 2, 3]

§§23-9-15 and23-9-17. [Codes, 1942, §§ 3196-08, 3196-09; Laws, 1942, ch. 202; Laws, 1944, ch. 171; Laws, 1954, ch. 359, §§ 8, 9]

§23-9-19. [Codes, 1942, § 3196-10; Laws, 1942, ch. 202; Laws, 1954, ch. 359, § 10]

§§23-9-21 through23-9-25. [Codes, 1942, §§ 3196-11 to 3196-13; Laws, 1942, ch. 202; Laws, 1944, ch. 171; Laws, 1954, ch. 359, §§ 11-13]

§23-9-27. [Codes, 1942, § 3196-14; Laws, 1954, ch. 359, § 14]

§§23-9-29 and23-9-31. [Codes, 1942, §§ 3196-15, 3196-16; Laws, 1944, ch. 171, §§ 7, 9; Laws, 1954, ch. 359, §§ 15, 16]

Editor’s Notes —

Former §§23-9-1 through23-9-9 provided for absentee voting by persons in armed forces.

For present similar provisions to former §23-9-5, see §23-15-679.

For present similar provisions to former §23-9-19, see §23-15-635.

Article 3. Absentee Voting by Persons in Transportation Service [Repealed].

§§ 23-9-301 through 23-9-315. Repealed.

Repealed by Laws, 1972, ch. 490, § 604, eff May 15, 1972.

§§23-9-301 through23-9-315. [Codes, 1942, §§ 3202-11 to 3203-18; Laws, 1958, ch. 540, §§ 1-8]

Article 5. Absentee Balloting Procedures Law [Repealed].

§§ 23-9-401 through 23-9-431. Repealed.

Repealed by Laws, 1986, ch. 495, § 341, eff from and after January 1, 1987.

§§23-9-401 through23-9-425. [Codes, 1942, §§ 3203-401 to 3203-404; Laws, 1972, ch. 490, §§ 401 to 404]

§23-9-427. [Codes, 1942, § 3203-405; Laws, 1972, ch. 490, § 405; Laws, 1984, ch. 401, § 3]

§§23-9-429 and23-9-431. [Codes, 1942, §§ 3203-406, 3203-407; Laws, 1972, ch. 490, §§ 406, 407]

Editor’s Notes —

For present similar provisions, see §§23-15-621 through23-15-653.

Article 7. Armed Services Absentee Voting Law [Repealed].

§§ 23-9-501 through 23-9-527. Repealed.

Repealed by Laws, 1986, ch. 495, § 342, eff from and after January 1, 1987.

§§23-9-501 through23-9-511. [Codes, 1942, §§ 3203-201 to 3203-204; Laws, 1972, ch. 490, §§ 201-204]

§§23-9-513 and23-9-515. [Codes, 1942, §§ 3203-204, 3203-205; Laws, 1972, ch. 490, §§ 204, 205; Laws, 1984, ch. 401, §§ 1, 2]

§§23-9-517 through23-9-527. [Codes, 1942, §§ 3203-206 to 3203-211; Laws, 1972, ch. 490, §§ 206-211]

Editor’s Notes —

For present similar provisions, see §§23-15-671 through23-15-697.

Article 9. Absentee Voter Law [Repealed].

§§ 23-9-601 through 23-9-607. Repealed.

Repealed by Laws, 1986, ch. 495, § 343, eff from and after January 1, 1987.

§§23-9-601 through23-9-607. [Codes, 1942, §§ 3203-301 to 3203-304; Laws, 1972, ch. 490, §§ 301-304]

Editor’s Notes —

For present similar provisions, see §§23-15-711 through23-15-717.

§ 23-9-609. Repealed.

Repealed by Laws, 1978, ch. 432, § 1, eff July 1, 1978.

§23-9-609. [Codes, 1942, § 3202-305; Laws, 1972, ch. 490, § 305]

§§ 23-9-611 and 23-9-613. Repealed.

Repealed by Laws, 1986, ch. 495, § 343, eff from and after January 1, 1987.

§§23-9-611 through23-9-613. [Codes, 1942, §§ 3203-306, 3203-307; Laws, 1972, ch. 490, §§ 306, 307]

Editor’s Notes —

For present similar provisions, see §§23-15-719 through23-15-721.

Article 11. General Provisions [Repealed].

§§ 23-9-701 through 23-9-707. Repealed.

Repealed by Laws, 1986, ch. 495, § 344, eff from and after January 1, 1987.

§§23-9-701 through23-9-707. [Codes, 1942, §§ 3203-601 to 3203-603, 3203-606; Laws, 1972, ch. 490, §§ 601 to 603, 606]

Editor’s Notes —

For present similar provisions, see §§23-15-751 through23-15-755.

Chapter 11. Presidential Election Law [Repealed]

§§ 23-11-1 through 23-11-21. Repealed.

Repealed by Laws, 1986, ch. 495, § 345, eff from and after January 1, 1987.

§§23-11-1 through23-11-21. [Codes, 1942, §§ 3203-101 to 3203-105, 3203-601, 3203-602; Laws, 1972, ch. 490, §§ 101-105, 601, 602]

Editor’s Notes —

For present similar provisions, see §§23-15-221,23-15-731, and23-15-733.

Chapter 13. Mississippi Presidential Preference Primary and Delegate Selection Law [Repealed]

§§ 23-13-1 through 23-13-23. Repealed.

Repealed by Laws, 1986, ch. 495, § 348, eff from and after January 1, 1987.

§§23-13-1 through23-13-23. [Laws, 1986, ch. 484, §§ 1-12]

Editor’s Notes —

For present similar provisions, see §§23-15-1081 through 23-15-1097.

Chapter 15. Mississippi Election Code

Editor’s Notes —

In accordance with Sections 349 and 350, Chapter 495, Laws of 1986, the provisions of Chapter 495 were submitted on November 3, 1986, to the United States Attorney General in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. On December 31, 1986, and January 2, 1987, the United States Attorney General interposed no objections to the changes involved in Chapter 495, Laws of 1986, thereby implementing the effective date of January 1, 1987, for the Election Code [§§23-15-1 et seq.].

Article 1. In General.

§ 23-15-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Election Code.”

HISTORY: Laws, 1986, ch. 495, § 1, eff from and after January 1, 1987.

Editor’s Notes —

Laws of 2008, ch. 528, § 1, provides:

“SECTION 1. (1) There is created the Comprehensive Election Reform Review Panel to study Mississippi’s election laws, the practical application of the laws, and any possible reforms needed to improve application of those laws.

“(2) The panel shall be composed of the following members:

“(a) The Chairperson and Vice Chairperson of the House of Representatives Apportionment and Elections Committee and the Senate Elections Committee;

“(b) One (1) person appointed by the Speaker of the House of Representatives;

“(c) One (1) person appointed by the Lieutenant Governor;

“(d) The Secretary of State, or his designee;

“(e) One (1) circuit clerk appointed by the Mississippi Association of Circuit Clerks;

“(f) One (1) election commissioner appointed by the Election Commissioners Association of Mississippi; and

“(g) One (1) person appointed by the Attorney General.

“(3) The Secretary of State or his designee shall serve as chairman of the panel. The panel shall meet at the call of the chairman and at its first meeting and shall select a vice chairman from among its membership. The vice chairman shall also serve as secretary of the panel and shall be responsible for keeping all records of the panel. A majority of the members of the panel shall constitute a quorum.

“(4) The panel shall examine voter identification requirements, early voting, voter registration, absentee voting, voting patterns, education, training of election officials and any other election law reforms deemed important by the panel. The panel shall file a report with the Clerk of the House of Representatives, the Secretary of the Senate and the Governor containing its findings and recommendations regarding Mississippi election laws by not later than December 1, 2008.

“(5) Legislative members of the panel shall receive per diem, travel or other expenses, if authorized by the Management Committee of the House of Representatives and Rules Committee of the Senate, from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the panel shall be paid while the Legislature is in session.

“(6) Nonlegislative members of the panel shall receive no compensation for their service on the panel but may receive reimbursement for travel expenses incurred while engaged in official business of the panel in accordance with Section 25-3-41.

“(7) The panel shall be dissolved on December 1, 2008.”

RESEARCH REFERENCES

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

Mississippi Election Code of 1986, 56 Miss L. J. 535, December 1986.

Stavis, A century of struggle for black enfranchisement in Mississippi: From the Civil War to the congressional challenge of 1965-and beyond. 57 Miss. L. J. 591, December, 1987.

Rhodes, Enforcing the Voting Rights Act in Mississippi through litigation. 57 Miss. L. J. 705, December, 1987.

Practice References.

Federal Election Laws and Regulations (Michie).

§ 23-15-3. Definition of “ballot box.”

For purposes of this chapter, the term “ballot box” includes any ballot bag or other container of a type that has been approved for use in elections by the Secretary of State and is capable of receiving voted paper ballots. Such ballot bags or containers may be used for any purpose that a ballot box may be used under the provisions of law regulating elections in Mississippi or any other purpose authorized by the rules and regulations adopted by the Secretary of State.

HISTORY: Laws, 2007, ch. 596, § 1; Laws, 2017, ch. 441, § 1, eff from and after July 1, 2017.

Editor’s Notes —

On July 23, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 596.

Amendment Notes —

The 2017 amendment, in the first sentence, inserted “other” and “and is capable of receiving voted paper ballots”; deleted the former last two sentences, which read: “The Secretary of State shall approve a ballot bag to be used as provided in this section by December 31, 2007. Any changes to the ballot bag by the Secretary of State after December 31, 2007, shall be approved by the Legislature”; and made a minor stylistic change.

§ 23-15-5. Elections Support Fund created; use of funds; deposit of portion of monies into State General Fund.

  1. There is created in the State Treasury a special fund to be known as the Elections Support Fund. Monies derived from annual report fees imposed upon limited liability companies under Section 79-29-1203 shall be deposited into the Elections Support Fund. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be disbursed as provided in subsection (2) of this section. The expenditure of monies in the fund shall be under the direction of the Secretary of State as provided by subsection (2) of this section, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration.
    1. Monies in the fund shall be used as follows:
      1. Fifty percent (50%) of the monies in the special fund shall be distributed annually to the counties, upon appropriation of the Legislature, based on the proportion that the population of a county bears to the total population in all counties of the state population according to the most recent information from the United States Census Bureau, and held in a separate fund solely for the purpose of acquiring, upgrading, maintaining or repairing voting equipment, systems and supplies, hiring temporary technical support, conducting elections using such voting equipment or systems, employing such personnel to conduct an election, and training election officials; and
      2. The remaining fifty percent (50%) of the monies in the special fund shall be deposited in the State General Fund.
    2. The Secretary of State shall create standard training guidelines to assist counties in training election officials with the funds authorized under subsection (2)(a)(ii) of this section. Any criteria established by the Secretary of State for the purposes of this section shall be used in addition to any other training or coursework prescribed by the Secretary of State to train circuit clerks, poll managers and any other election officials participating in county elections.
    3. Notwithstanding any other provision of law, no monies from the Elections Support Fund shall be used by the Secretary of State or any person associated with the Office of the Secretary of State to provide or otherwise support expert testimony in any manner for any hearing, trial or election contest.
  2. From and after July 1, 2017, none of the monies deposited in the Elections Support Fund may be used to reimburse or otherwise defray any costs that the Office of the Secretary of State may incur in administering the fund.
  3. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 2010, ch. 532, § 2; Laws, 2016, ch. 459, § 45; Laws, 2017, ch. 441, § 2; Laws, 2017, 1st Ex Sess, ch. 7, § 5, eff from and after passage (approved June 23, 2017).

Joint Legislative Committee Note —

Section 2 of Chapter 441, Laws of 2017, effective from and after July 1, 2017 (approved April 18, 2017), amended this section. Section 5 of Chapter 7, Laws of 2017, First Extraordinary Session, effective from and after passage (approved June 23, 2017), also amended this section. As set out above, this section reflects the language of Section 5 of Chapter 7, Laws of 2017, First Extraordinary Session, which contains language that specifically provides that it supersedes §23-15-5 as amended by Chapter 441, Laws of 2017.

Editor’s Notes —

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment added (3) and (4).

The first 2017 amendment (ch. 441), effective July 1, 2017, in (2)(a), inserted “and held in a separate fund solely” and “employing such personnel to conduct an election” in (i), and substituted “purpose of upgrading, maintaining or equipping” for “purpose of maintaining, upgrading or equipping” and added “and acquiring, upgrading or maintaining any other election-related site or system or providing technical training to election officials” in (ii).

The second 2017 amendment (ch. 7, 1st Ex Sess), effective June 23, 2017, in (2)(a), inserted “upon appropriation of the Legislature” in (i), and rewrote (ii), which read: “The remaining fifty percent (50%) of the monies in the special fund shall be allocated annually to the Secretary of State and expended for the purpose of maintaining, upgrading or equipping the Statewide Elections Management System”; and rewrote (3), which read: “From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.”

Cross References —

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

§ 23-15-7. Mississippi Voter Identification Card.

  1. The Secretary of State shall negotiate a Memorandum of Understanding which shall be entered into by the Mississippi Department of Public Safety and the registrar of each county for the purpose of providing a Mississippi Voter Identification Card. The card shall be valid for the purpose of voter identification purposes under Section 23-15-563 and available only to registered voters of this state. No fee shall be charged or collected for the application for or issuance of a Mississippi Voter Identification Card. Any costs associated with the application for or issuance of a Mississippi Voter Identification Card shall be made payable from the state’s General Fund.
  2. The registrar of each county shall provide a location in the registrar’s office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution; however, in counties having two (2) judicial districts the registrar shall provide a location in the registrar’s office in each judicial district at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
  3. No person shall be eligible for a Mississippi Voter Identification Card if the person has a valid unexpired Mississippi driver’s license or an identification card issued under Section 45-35-1 et seq.
    1. The Mississippi Voter Identification Card shall be captioned “MISSISSIPPI VOTER IDENTIFICATION CARD” and shall contain a prominent statement that under Mississippi law it is valid only as identification for voting purposes. The identification card shall include the following information regarding the applicant:
      1. Full legal name;
      2. Legal residence address;
      3. Mailing address, if different; and
      4. Voting information.
    2. The Mississippi Voter Identification Card shall also contain the date the voter identification card was issued, the county in which the voter is registered and such other information as required by the Secretary of State.
  4. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute false swearing under Section 97-7-35.
  5. The registrar shall require presentation and verification of any of the following information during the application process before issuance of a Mississippi Voter Identification Card:
    1. A photo identity document; or
    2. Documentation showing the person’s date and place of birth; or
    3. A social security card; or
    4. A Medicare card; or
    5. A Medicaid card; or
    6. Such other acceptable evidence of verification of residence in the county as determined by the Secretary of State.
  6. A Mississippi Voter Identification Card shall remain valid for as long as the cardholder remains qualified to vote. It shall be the duty of a person who moves his or her residence within this state to surrender his or her voter identification card to the registrar of the county of his or her new residence and that person may thereafter apply for and receive a new card if such person is eligible under this section. It shall be the duty of a person who moves his or her residence outside this state or who ceases to be qualified to vote to surrender his or her card to the registrar who issued it.
  7. The Secretary of State, in conjunction with the Mississippi Department of Public Safety, shall adopt rules and regulations for the administration of this section.

HISTORY: Laws, 2012, ch. 526, § 2; Laws, 2017, ch. 441, § 3, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

The effective date of the bill that amended this section, Chapter 526, Laws of 2012 (House Bill No. 921), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was submitted to the United States Attorney General under Section 5, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 526 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated August 5, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 526 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 526, so Chapter 526 became effective on the date of the response letter from the United States Attorney General, August 5, 2013.

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2017 amendment, effective April 18, 2017, deleted “resides at the same address and” following “as long as the cardholder” in (7); and made minor stylistic changes.

Article 3. Voter Registration.

Subarticle A. Qualification of Electors.

§ 23-15-11. Qualifications, generally.

Every inhabitant of this state, except persons adjudicated to be non compos mentis, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he or she seeks to vote, and for thirty (30) days in the incorporated municipality in which he or she seeks to vote, and who has been duly registered as an elector under Section 23-15-33, and who has never been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his or her residence, and shall be entitled to vote at any election upon compliance with Section 23-15-563. If the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though the person has not reached his or her eighteenth birthday at the time that the person seeks to vote at the primary election. No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.

HISTORY: Derived from 1972 Code §21-11-1 [Codes, 1892, § 3028; 1906, § 3433; Hemingway’s 1917, § 5993; 1930, § 2595; 1942, § 3374-60; Laws, 1950, ch. 491, § 60; Laws, 1984, ch. 457, § 2; repealed by Laws, 1986, ch. 495, § 329], §23-3-11 [Codes, 1942, § 3160; Laws, 1935, ch. 19; Laws, 1936, ch. 320; Laws, 1955 Ex ch. 100, § 2; repealed by Laws, 1986, ch. 495, § 333], and §23-3-85 [Codes, 1892, § 3631; 1906, § 4138; Hemingway’s 1917, § 6772; 1930, § 6207; 1942, § 3235; Laws, 1952, ch. 398, § 2; Laws, 1955, Ex Sess, ch. 101; Laws, 1962, ch. 575; Laws, 1965 Ex Sess, ch. 18, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 2; Laws, 1997, ch. 315, § 1; Laws, 2000, ch. 430, § 2; Laws, 2008, ch. 442, § 10; Laws, 2012, ch. 517, § 1; Laws, 2012, ch. 526, § 4; Laws, 2017, ch. 441, § 171, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the second sentence. The words “not less then thirty (30)” were changed to “not less than thirty (30)”. The Joint Committee ratified the correction at its April, 28, 1999 meeting.

This section was amended by Section 1 of Chapter 517, Laws of 2012, approved May 2, 2012, and effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended (November 26, 2012). The section was also amended by Section 4 of Chapter 526, Laws of 2012, approved May 17, 2012, and effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended (August 5, 2013). Section 1-1-109 gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments, contingent upon preclearance, as consistent with the legislative intent at the August 16, 2012, meeting of the Committee.

Editor’s Notes —

The United States Attorney General, by letter dated June 11, 1997, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1997, ch. 315, § 1.

On August 11, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 430.

The effective date of the bill that amended this section, Chapter 526, Laws of 2012 (House Bill No. 921), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was submitted to the United States Attorney General under Section 5, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 526 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated August 5, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 526 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 526, so Chapter 526 became effective on the date of the response letter from the United States Attorney General, August 5, 2013.

By letter dated November 26, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 517.

Amendment Notes —

The 2000 amendment deleted “in the supervisor’s district or” following the third occurrence of “(30) days” and substituted “pursuant to Section 23-15-33” for “by an officer of this state under the laws thereof.”

The 2008 amendment, in the first sentence, substituted “except persons adjudicated to be non compos mentis” for “except idiots and insane persons” and “incorporated municipality” for “incorporated city or town”; in the last sentence, substituted “those specified in this section” for “those above included”; substituted “seeks to vote” for “offers to vote” throughout; and made minor stylistic changes.

The first 2012 amendment (ch. 517), inserted “of vote fraud or” following “never been convicted” near the end of the first sentence.

The second 2012 amendment (ch. 526), added “upon compliance with Section 23-15-563” at the end of the first sentence.

The 2017 amendment added the second sentence; and made gender neutral changes.

Cross References —

Registering to vote by mail-in application, see §23-15-47.

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

OPINIONS OF THE ATTORNEY GENERAL

Under general registration statute, Miss. Code Section 23-15-11, newly annexed county electors must reside in municipality for thirty days to be eligible to vote in municipal elections. 1993 Miss. Op. Att'y Gen. 969..

A seventeen-year-old who will be eighteen years of age on or before the date of the special election may register to vote thirty days or more prior to a special election. 1997 Miss. Op. Att'y Gen. 725.

A computerized voter list that does not have the electors’ signatures on it is considered exempt for purposes of the Mississippi Public Records Act of 1983 if the information on the list was obtained from exempted records. 1997 Miss. Op. Att'y Gen. 760.

A person may not qualify as an elector in two adjoining counties by claiming to simultaneously reside in both such counties; absent a conclusive indicator of residency, such as filing for homestead exemption, the question of qualifying as an elector should be determined, based on the facts and circumstances of each case, by reference to other relevant factors including the intent to remain, indefinitely, in a county where an actual residence has been established. 1998 Miss. Op. Att'y Gen. 98.

Even in a citywide election, an individual may only cast a ballot in the voting precinct or ward in which he or she is registered to vote. 1999 Miss. Op. Att'y Gen. 697.

A registered voter may not cast a lawful ballot in a voting precinct other than the precinct where he or she resides. 2003 Miss. Op. Att'y Gen. 345.

If a candidate establishes his residence within the corporate limits of a municipality at least 30 days prior to the election and registers to vote and meets all other qualifications to be mayor, he could qualify to run for that office. 2006 Miss. Op. Att'y Gen. 400.

A candidate could establish his residence within the corporate limits 30 days before the election and then file his qualifying papers at least 20 days prior to the municipal special election and be eligible to have his name placed on the ballot. 2006 Miss. Op. Att'y Gen. 400.

RESEARCH REFERENCES

ALR.

State voting rights of residents of military establishments. 34 A.L.R.2d 1193.

Effect of conviction under federal law, or law of another state or country, on right to vote or hold public office. 39 A.L.R.3d 303.

Residence of students for voting purposes. 44 A.L.R.3d 797.

Validity, construction, and application of state criminal disenfranchisement provisions. 10 A.L.R.6th 31.

Am. Jur.

25 Am. Jur. 2d, Elections §§ 148, 149, 159-171.

CJS.

29 C.J.S., Elections §§ 37–52.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

Stavis, A century of struggle for black enfranchisement in Mississippi: From the Civil War to the congressional challenge of 1965-and beyond. 57 Miss. L. J. 591, December, 1987.

Rhodes, Enforcing the Voting Rights Act in Mississippi through litigation. 57 Miss. L. J. 705, December, 1987.

Mississippi Election Code of 1986, 56 Miss L. J. 535, December 1986.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former Section 21-11-1.

7. Under former Section 23-3-11.

8. Under former Section 23-5-85.

1. In general.

Public interest exception to mootness did not apply to an unsuccessful candidate’s election challenge where although Miss. Code Ann. §23-15-11 (2015) required voters to vote only in their voting precinct, the poll managers provided a suitable substitute by directing voters to go next door, sign the pollbook, and obtain a receipt before returning to vote, and thus, the votes cast before the pollbooks were delivered to the correct voting location were not illegal under Miss. Code Ann. §23-15-249. Perkins v. McAdams, 234 So.3d 413, 2017 Miss. LEXIS 419 (Miss. 2017).

Absentee ballot could not be counted in a primary election because the voter failed to register more than 30 days prior to the election. Smith v. Hollins, 905 So. 2d 1267, 2005 Miss. LEXIS 388 (Miss. 2005).

Provisions in Mississippi Election Code pertaining to registration of voters do not violate § 2 of the Voting Rights Act (42 USCS § 1973(a)) simply because there might be better registration procedures which could be enacted into law. Mississippi State Chapter, Operation Push v. Mabus, 717 F. Supp. 1189, 1989 U.S. Dist. LEXIS 9930 (N.D. Miss. 1989), aff'd, 932 F.2d 400, 1991 U.S. App. LEXIS 10878 (5th Cir. Miss. 1991).

Mississippi’s voter registration laws are clearly a voting qualification or prerequisites to voting, under language of § 2, as amended, 42 USCS § 1973(a), because no voter is qualified as elector until he is first registered. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Whereas instances of racially polarized voting are pertinent in challenges to electoral processes, voting behavior or practices are not germaine to challenged voter registration procedures or to determination of discriminatory impact of registration practices. Racial appeals in campaigns for elections bear little relevance to state’s registration procedures. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

2.-5. [Reserved for future use.]

6. Under former Section 21-11-1.

A Negro citizen originally denied the right to register because of discrimination, subsequently registered pursuant to a federal court order, who would be denied the right to vote in municipal elections for failure to pay poll taxes as required by law and because her registration took place after the legal deadline, has standing to bring a class action on behalf of all the Negro voters similarly situated to enjoin the election, and where the Federal District Court refused to grant the injunction the cause was remanded with directions to set aside the election which was held, to devise a plan for a new election, set a new cut-off date for registration, and to provide that persons otherwise entitled to vote should not be denied that right for failure to pay poll taxes if required taxes were tendered to tax collector within 45 days prior to election. Hamer v. Campbell, 358 F.2d 215, 1966 U.S. App. LEXIS 6896 (5th Cir. Miss.), cert. denied, 385 U.S. 851, 87 S. Ct. 76, 17 L. Ed. 2d 79, 1966 U.S. LEXIS 781 (U.S. 1966).

Town marshal held properly removed from office as result of quo warranto proceedings, where he failed to show residence in town as required by §§ 241, 250 of Constitution, and this section. Jones v. State, 207 Miss. 208, 42 So. 2d 123, 1949 Miss. LEXIS 330 (Miss. 1949).

Where taxpayer delivered check to tax collector on January 31, 1934, with request to hold check until March and check was not presented for payment until May 7, 1934, but tax receipt issued April 30, 1934, was dated February 1, 1934, taxpayer held not qualified elector and hence not eligible for election to office of alderman in December, 1934. Wylie v. Cade, 174 Miss. 426, 164 So. 579, 1935 Miss. LEXIS 82 (Miss. 1935).

Where taxpayer’s check is unconditionally delivered on or before February 1 to tax collector who accepts check which in due course is deposited with reasonable promptness and paid by drawee bank on its first presentation, payment will relate back to date of delivery of check to tax collector so as to qualify taxpayer as elector. Wylie v. Cade, 174 Miss. 426, 164 So. 579, 1935 Miss. LEXIS 82 (Miss. 1935).

Illegal voting at any municipal election is an indictable offense. Sample v. Verona, 94 Miss. 264, 48 So. 2, 1908 Miss. LEXIS 1 (Miss. 1908).

The word “elector” is synonymous with voter. Greene v. Rienzi, 87 Miss. 463, 40 So. 17, 1905 Miss. LEXIS 172 (Miss. 1905).

The corresponding section of the Code 1892, in so far as it requires voters at municipal elections to vote in the wards of their residence, is constitutional and warranted by § 245 of the Constitution, empowering the legislature to impose qualifications additional to those provided by §§ 241, 242 of the Constitution. State ex rel. Kierskey v. Kelly, 81 Miss. 1, 32 So. 909, 1902 Miss. LEXIS 118 (Miss. 1902).

The mistaken belief that one has in due time paid “all taxes legally required of him,” however honestly obtained, will not relieve a delinquent of the effect of his failure to secure the privilege of an elector by complying with the requirements of § 241 of the Constitution; Nor will the subsequent payment of the same relieve him of the delinquency. Roane ex rel. Tunstall v. Matthews, 75 Miss. 94, 21 So. 665, 1897 Miss. LEXIS 88 (Miss. 1897).

7. Under former Section 23-3-11.

For purposes of § 4(a) of the Voting Rights Act of 1965 (42 USCS § 1973b(a) [now 52 USCS § 10303]), pertaining to reinstatement of state voting registration tests, the fact that a county has administered voting registration laws in a fair and impartial manner and has recently made significant strides toward equalizing and integrating its school system will not warrant reinstatement of the literacy test for the county’s voters, where (1) the county throughout the years, systematically deprived its black citizens of the educational opportunities that it granted its white citizens, and (2) impartial administration of the literacy test would serve only to perpetuate these inequities in a different form. Gaston County v. United States, 395 U.S. 285, 89 S. Ct. 1720, 23 L. Ed. 2d 309, 1969 U.S. LEXIS 1437 (U.S. 1969).

On direct appeal to the United States Supreme Court from a decision of the United States District Court for the District of Columbia, in an action by a county seeking reinstatement of a literacy test for voters, the District Court’s finding that the county has not met its burden of proving, as required by § 4(a) of the Voting Rights Act of 1965 (42 USCS § 1973b(a) [now 52 USCS § 10303]), that the use of the literacy test did not discriminatorily deprive Negroes of the right to vote, will not be held clearly erroneous where (1) evidence was presented that the county’s segregated Negro schools and their teachers were inferior and that Negro citizens of the county had completed far less schooling than whites, and (2) it could be inferred that among Negro children compelled to endure a segregated and inferior education, fewer would achieve any given degree of literacy than would be so with their better educated white contemporaries, and that the county’s inferior Negro schools provided many of its Negro residents with an inferior education and gave many others no incentive to enter or remain in school. Gaston County v. United States, 395 U.S. 285, 89 S. Ct. 1720, 23 L. Ed. 2d 309, 1969 U.S. LEXIS 1437 (U.S. 1969).

A Negro citizen, originally denied the right to register because of discrimination, subsequently registered pursuant to a federal court order, who would be denied the right to vote in municipal elections for failure to pay poll taxes as required by law and because her registration took place after the legal deadline, has standing to bring a class action on behalf of all the Negro voters similarly situated to enjoin the election, and where the Federal District Court refused to grant the injunction the cause was remanded with directions to set aside the election which was held, to devise a plan for a new election, set a new cut-off date for registration, and to provide that persons otherwise entitled to vote should not be denied that right for failure to pay poll taxes if required taxes were tendered to tax collector within 45 days prior to election. Hamer v. Campbell, 358 F.2d 215, 1966 U.S. App. LEXIS 6896 (5th Cir. Miss.), cert. denied, 385 U.S. 851, 87 S. Ct. 76, 17 L. Ed. 2d 79, 1966 U.S. LEXIS 781 (U.S. 1966).

All provisions of Mississippi law which condition the right to vote on the ability to read and write, or contain a “test or device” as defined in Section 4(c) of the Voting Rights Act of 1965 [52 USCS § 10303, formerly codified as 42 USCS § 1973b(c)] have no force or effect during the period of suspension prescribed in said Act. United States v. Mississippi, 256 F. Supp. 344, 1966 U.S. Dist. LEXIS 9894 (S.D. Miss. 1966).

The county registrar of Panola County was enjoined from using any of the conditions of this section [Code 1942, § 3235] as a prerequisite to registration other than those that had theretofore been used with respect to the registration of white applicants. United States v. Duke, 332 F.2d 759, 1964 U.S. App. LEXIS 5292 (5th Cir. Miss. 1964).

Mandamus will not be to compel an election commission to place on the ballot the name of a person whom it has determined not to be qualified as a candidate. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

To require Negroes desiring to pay poll taxes qualifying them to vote to produce verification of the correctness of their voting precincts, not required of other taxpayers, and to see the sheriff personally when others were not required to do so, constitutes a violation of the Federal Civil Rights Act. United States v. Dogan, 314 F.2d 767, 1963 U.S. App. LEXIS 6312 (5th Cir. Miss. 1963).

Person, residing in Louisiana when he purchased land in this state, with intention of building his home thereon, more than two years before general election at which his vote was protested, but actual removal to this state was less than two years before such election, was not a qualified elector. Smith v. Deere, 195 Miss. 502, 16 So. 2d 33, 1943 Miss. LEXIS 181 (Miss. 1943).

That is properly the domicile of a person where he has his true, fixed, permanent home and principal establishment, and to which whenever he is absent, he has the intention of returning. Smith v. Deere, 195 Miss. 502, 16 So. 2d 33, 1943 Miss. LEXIS 181 (Miss. 1943).

A domicile continues until another is acquired; before a domicile can be considered lost or changed, a new domicile must be acquired by removal to a new locality with intent to remain there, and the old domicile must be abandoned without intent to return thereto. Smith v. Deere, 195 Miss. 502, 16 So. 2d 33, 1943 Miss. LEXIS 181 (Miss. 1943).

An exemptionist over 60 years of age who did not pay his poll tax was disqualified to vote in a primary election. Hayes v. Abney, 186 Miss. 208, 188 So. 533, 1939 Miss. LEXIS 209 (Miss. 1939).

Registration for the election district in which one offers to vote is necessary to entitle him to vote. Perkins v. Carraway, 59 Miss. 222, 1881 Miss. LEXIS 108 (Miss. 1881).

8. Under former Section 23-5-85.

Although Mississippi Code §21-1-45 contains no dispositive definition for the term “qualified electors,” it would be inappropriate to adopt the definition of that term found in Mississippi Code §23-5-85 [Repealed], and to employ the entire panoply of rules applicable to public elections to a proceeding to obtain annexation of unincorporated area by an adjacent existing municipality. Schmidt v. City of Jackson, 494 So. 2d 348 (Miss. 1986).

The provisions of Article 12 § 251 of the Mississippi Constitution of 1890 and Code 1942, § 3235 that prescribe a period of 4-months registration for qualified electors before voting in elections are held unconstitutional, void and of no effect, as contrary to the equal protection clause of the Fourteenth Amendment, and the enforcement hereafter of such provisions is enjoined. Ferguson v. Williams, 343 F. Supp. 654, 1972 U.S. Dist. LEXIS 13520 (N.D. Miss. 1972).

Those residence requirements for a qualified elector which requires a residence of one year in the state, one year in the county, and 6 months in the precinct, or municipality, clearly violate the equal protection clause of the Fourteenth Amendment to the Constitution of the United States; and those requirements as contained in § 241 of the Mississippi Constitution and Code 1942, § 3235 are clearly not necessary to further a compelling state interest are violative of the equal protection clause of the Fourteenth Amendment to the Constitution of the United States and are null and void. Graham v. Waller, 343 F. Supp. 1, 1972 U.S. Dist. LEXIS 13604 (S.D. Miss. 1972).

§ 23-15-13. Change of residency to new ward or voting precinct within same municipality.

  1. An elector who moves from one (1) ward or voting precinct to another ward within the same municipality or voting precinct within the same county shall not be disqualified to vote, but he or she shall be entitled to have his or her registration transferred to his or her new ward or voting precinct upon making written request therefor at any time up to thirty (30) days before the election at which he or she offers to vote, and if the removal occurs within thirty (30) days of such election he or she shall be entitled to vote in his or her new ward or voting precinct by affidavit ballot as provided in Section 23-15-573. If the thirtieth day to transfer the elector’s registration before an election falls on a Sunday or legal holiday, the transfer of the elector’s registration submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.
  2. If an elector requests a change in his or her address under Section 23-15-49 and the address is located in a precinct in the county or municipality that differs from the precinct as reflected in the then current registration records, the request shall be treated in the same manner as a written request to transfer the elector’s registration under subsection (1) of this section.

HISTORY: Derived from 1972 Code §21-11-1 [Codes, 1892, § 3028; 1906, § 3433; Hemingway’s 1917, § 5993; 1930, § 2595; 1942, § 3374-60; Laws, 1950, ch. 491, § 60; repealed by Laws, 1986, ch. 495, § 329]; en, Laws, 1986, ch. 495, § 3; Laws, 2000, ch. 430, § 3; Laws, 2016, ch. 416, § 2; Laws, 2017, ch. 441, § 188, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

On August 11, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 430.

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2000 amendment substituted “county” for “supervisor’s district” and made gender neutralization changes.

The 2016 amendment added (2).

The 2017 amendment, effective April 18, 2017, in (1), inserted “(1)” near the beginning, and added the last sentence; and made a minor stylistic change.

Cross References —

Registering to vote by mail-in application, see §23-15-47.

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

OPINIONS OF THE ATTORNEY GENERAL

It is duty and responsibility of registrar, upon request of individual voter, to make necessary changes on all appropriate registration records and enter appropriate data into computer to reflect any change in voter’s precinct necessitated by change in that voter’s residence; however, task of making changes on pollbooks and registration books is ministerial task that should be performed by election commission in their purging activities if registrar fails to act. 1990 Miss. Op. Att'y Gen. 201.

If a qualified elector of a county moves within the county less than 30 days before an election, pursuant to this section he is not disqualified and would be entitled to vote in the precinct of his residence by affidavit ballot if his name does not appear on the poll book of his precinct. Assuming such affidavit is properly executed and all required information is given in the affidavit and the prescribed forms, the ballot would be a lawful one and would be counted. 2003 Miss. Op. Att'y Gen. 497.

RESEARCH REFERENCES

CJS.

29 C.J.S., Elections § 127.

§ 23-15-14. Repealed.

Repealed by Laws, 2004, ch. 305, § 17, eff from and after July 12, 2004, the date said ch. 305 was effectuated under Section 5 of the Voting Rights Act of 1965.

[Laws, 1988, ch. 350, § 1, eff from and after November 29, 1988 (the date the United States Attorney General interposed no objection to the codification of this section).]

Editor’s Notes —

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the repeal of this section by Laws of 2004, ch. 305, § 17.

Former §23-15-14 provided that certain municipal residents who are registered to vote only in county elections shall be registered to vote in municipal elections.

§ 23-15-15. Documentation required of naturalized citizens.

It shall be the duty of any person who has acquired citizenship by order or decree of naturalization and who is otherwise qualified to register and vote under the laws of the State of Mississippi to present or exhibit to the registrar of the county of his or her residence, at or before the time he or she may offer to register, a certified copy of the final order or decree of naturalization, or a certificate of naturalization or duplicate thereof, or a certified copy of such certificate of naturalization or duplicate; otherwise he or she shall not be allowed to register or to vote.

HISTORY: Derived from 1972 Code §23-5-39 [Codes, 1930, § 6188; 1942, § 3216; Laws, 1924, ch. 154; Laws, 1934, ch. 310; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 4; Laws, 2017, ch. 441, § 4, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment deleted “and every” following “duty of any,” substituted “registrar of the county” for “circuit clerk of the county,” and inserted “or she” near the end.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 148, 149, 182.

CJS.

29 C.J.S., Elections § 64.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

§ 23-15-17. Reporting and investigation of false registration.

Any person who has reasonable cause to suspect that a false registration as provided in Section 97-13-25 has occurred may notify any authorized law enforcement officer with proper jurisdiction. Upon such notification, law enforcement officer shall be required to conduct an investigation into the matter and file a report with the registrar and the appropriate district attorney. The registrar shall, within twenty-four (24) hours of receipt of the investigating officer’s report, accept or reject the registration. Any person who so notifies an authorized law enforcement officer shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

HISTORY: Derived from 1972 Code §23-5-43 [Codes, 1880, § 113; 1892, § 3616; 1906, § 4123; Hemingway’s 1917, § 6757; 1930, § 6190; 1942, § 3218; repealed by Laws, 1986, ch. 495, § 335]; en. Laws, 1986, ch. 495, § 5; Laws, 1991 of ch. 440, § 4; Laws, 2017, ch. 441, § 172, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1991, ch. 440, § 4, on May 1, 1992.

Amendment Notes —

The 2017 amendment deleted (1), which read: “Any person who shall knowingly procure his or any other person’s registration as a qualified elector when the person whose registration is being procured is not entitled to be registered, or when the person whose registration is being procured is being registered under a false name, or when the person whose registration is being procured is being registered as a qualified elector in any other voting precinct than that in which he resides, shall be guilty of a felony and, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both. The same penalty shall apply to anyone who is disqualified for any cause and shall reregister before removal of such disqualification to avoid the same, and to all who shall in any way aid in such false registration”; deleted the subsection (2) designation; inserted “as provided in Section 97-13-25”; and made minor stylistic changes.

Cross References —

Registering to vote by mail-in application, see §23-15-47.

RESEARCH REFERENCES

Lawyers’ Edition.

Violation of election laws as “infamous crime” which must be prosecuted by presentment or indictment of grand jury under Fifth Amendment. 2 L. Ed. 2d 1960.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. In general.

Evidence showing that a person whose name, birth date, and place of birth matched those of a voter, had voted in another state three weeks before the voter cast her vote in a primary election showed that the voter violated Miss. Code Ann. §23-15-17(1); thus, the voter’s absentee ballot was not counted in the primary election. Smith v. Hollins, 905 So. 2d 1267, 2005 Miss. LEXIS 388 (Miss. 2005).

§ 23-15-19. Persons convicted of certain crimes not to be registered.

Any person who has been convicted of vote fraud or any crime listed in Section 241, Mississippi Constitution of 1890, such crimes defined as “disenfranchising,” shall not be registered, or if registered the name of the person shall be removed from the Statewide Elections Management System by the registrar or the election commissioners of the county of his or her residence. Whenever any person shall be convicted in the circuit court of his or her county of a disenfranchising crime, the county registrar shall thereupon remove his or her name from the Statewide Elections Management System; and whenever any person shall be convicted of a disenfranchising crime in any other court of any county, the presiding judge of the court shall, on demand, certify the fact in writing to the registrar of the county in which the voter resides, who shall thereupon remove the name of the person from the Statewide Elections Management System and retain the certificate as a record of his or her office.

HISTORY: Derived from 1972 Code §23-5-35 [Codes 1871, § 343; 1880, § 108; 1892, § 3614; 1906, § 4120; Hemingway’s 1917, § 6754; 1930, § 6186; 1942, § 3214; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 6; Laws, 2012, ch. 517, § 2; Laws, 2017, ch. 441, § 5, eff from and after July 1, 2017.

Editor’s Notes —

By letter dated November 26, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 517.

Amendment Notes —

The 2012 amendment inserted “vote fraud or of” in the first sentence and made minor stylistic changes throughout.

The 2017 amendment rewrote the section, which read: “Any person who has been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, shall not be registered, or if registered the name of the person shall be erased from the registration book on which it may be found by the registrar or by the election commissioners. Whenever any person shall be convicted in the circuit court of his county of any of those crimes, the registrar shall thereupon erase his name from the registration book; and whenever any person shall be convicted of any of those crimes in any other court of any county, the presiding judge of the court shall, on demand, certify the fact in writing to the registrar, who shall thereupon erase the name of the person from the registration book and file the certificate as a record of his office.”

Cross References —

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

RESEARCH REFERENCES

ALR.

What constitutes “conviction” within constitutional or statutory provision disenfranchising one convicted of crime. 36 A.L.R.2d 1238.

Effect of conviction under federal law, or law of another state or country, on right to vote or hold public office. 39 A.L.R.3d 303.

Am. Jur.

25 Am. Jur. 2d, Elections §§ 168-171.

CJS.

29 C.J.S., Elections § 51–62.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. Generally.

2.-5. [Reserved for future use.]

6. Under former Section 23-5-35.

1. Generally.

Ballot of a convicted felon was properly invalidated because the candidate who sought to have the vote counted did not prove by a preponderance of the evidence that the voter was eligible to vote. Smith v. Hollins, 905 So. 2d 1267, 2005 Miss. LEXIS 388 (Miss. 2005).

2.-5. [Reserved for future use.]

6. Under former Section 23-5-35.

A felon’s due process claim to a pre-disenfranchisement hearing was without merit as a matter of law and summary judgment was properly granted on such issue, where to mandate a hearing as a prerequisite to any action by the election board would cost the state substantial time and money, and it would not guarantee, any more than the current mechanism, that only felons within §23-5-35 are disenfranchised. Williams v. Taylor, 677 F.2d 510, 1982 U.S. App. LEXIS 18677 (5th Cir. Miss. 1982).

A new trial would be required on a felon’s claim that the election board’s disenfranchisement of him pursuant to §§23-5-35,23-5-37 [Repealed.] was unconstitutionally selective, where the board had not acted according to the requisite procedure established in §23-5-37 [Repealed.], and its noncompliance with this procedure may have created a pattern of selective enforcement. Williams v. Taylor, 677 F.2d 510, 1982 U.S. App. LEXIS 18677 (5th Cir. Miss. 1982).

§ 23-15-21. Non-citizen not to register or vote.

It shall be unlawful for any person who is not a citizen of the United States or the State of Mississippi to register or to vote in any primary, special or general election in the state.

HISTORY: Derived from 1972 Code §23-5-41 [Codes, 1930, § 6189; 1942, § 3217; Laws, 1924, ch. 154; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 7, eff from and after January 1, 1987.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 148, 149.

CJS.

29 C.J.S., Elections § 41.

Subarticle B. Procedures for Registration.

§ 23-15-31. Elections to which subarticle applicable; duty, power and authority of certain election officials.

All of the provisions of this subarticle shall be applicable, insofar as possible, to municipal, primary, general and special elections; and wherever therein 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 conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election.

HISTORY: Derived from 1972 Code §23-5-313 [Codes, 1942, § 3203-603; Laws, 1972, ch. 490, § 603; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 8; Laws of 1993, ch. 528, § 18; Laws, 2017, ch. 441, § 6, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated August 16, 1993, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1993, ch. 528, § 18.

Amendment Notes —

The 2017 amendment deleted “imposed and such power and authority shall likewise be” preceding “conferred upon the municipal registrar.”

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 177, 183.

CJS.

29 C.J.S., Elections § 64.

Law Reviews.

Stavis, A century of struggle for black enfranchisement in Mississippi: From the Civil War to the congressional challenge of 1965-and beyond. 57 Miss. L. J. 591, December, 1987.

Rhodes, Enforcing the Voting Rights Act in Mississippi through litigation. 57 Miss. L. J. 705, December, 1987.

§ 23-15-33. Registrar to register voters.

  1. Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his or her name on and properly completed the application for registration to vote shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.
  2. Every person entitled to be registered as an elector in compliance with the laws of this state and who registers to vote pursuant to the National Voter Registration Act of 1993 shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.

HISTORY: Derived from 1972 Code §23-5-31 [Codes, 1880, § 106; 1892, § 3611; 1906, § 4117; Hemingway’s 1917, § 6751; 1930, § 6184; 1942, § 3212; Laws, 1955, Ex ch. 99; Laws, 1962, ch. 569, § 2; Laws, 1965 Ex Sess, ch. 13, § 1; Laws, 1978, ch. 393, § 2; Laws, 1984, Ch. 460, § 2; repealed by Laws, 1986, ch. 495, § 335]; en. Laws, 1986, ch. 495, § 9; Laws, 1991, ch. 440, § 7; Laws, 2000, ch. 430, § 1; Laws, 2006, ch. 574, § 1; Laws, 2012, ch. 471, § 1; Laws, 2017, ch. 441, § 7, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1991, ch. 440, § 7, on May 1, 1992.

On August 11, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 430.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 1.

By letter dated September 6, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 471.

Amendment Notes —

The 2000 amendment added (2) and (3).

The 2006 amendment substituted “registrar in the voting precinct of the residence of such person through the Statewide Elections Management System” for “registrar on the registration books of the voting precinct of the residence of such person” at the end of (1) and (2); and deleted former (3).

The 2012 amendment added (3).

The 2017 amendment inserted “county” preceding “registrar” both times it appears; deleted (3), which read: “Every person entitled to vote by absentee shall have all absentee applications processed by the registrar through the Statewide Election Management System. The registrar shall account for all absentee ballots delivered to such voters and received from such voters through the Statewide Election Management System”; and made a gender neutral change.

Cross References —

Registering to vote by mail-in application, see §23-15-47.

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

Federal Aspects—

National Voter Registration Act of 1993, see 52 U.S.C.S. § 20501 et seq.

OPINIONS OF THE ATTORNEY GENERAL

If precinct is split by supervisor district lines it would also be registrar’s duty to make determination, upon registration, of proper supervisor district for each individual residing in precinct; duly appointed deputy registrar may, of course, perform these tasks for registrar. 1990 Miss. Op. Att'y Gen. 201.

RESEARCH REFERENCES

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Form 21 (petition to compel registration).

CJS.

29 C.J.S., Elections § 120–122.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-31.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-31.

Allegations that because of the interrelationship between the racial restrictions of the Mississippi voter qualification laws and requirements with respect to the selection of grand and petit jurors a defendant would be denied his equal civil rights to trial by a jury free from exclusion were insufficient to justify the removal to the federal courts of the trial of a Negro charged with the crime of rape. Bass v. Mississippi, 381 F.2d 692, 1967 U.S. App. LEXIS 5438 (5th Cir. Miss. 1967).

State election commissioners have power, authority, and responsibility to help administer voter registration laws by formulating rules for the various tests applied to applicants for registration, and for the reason that these rules and tests are vitally important elements of Mississippi laws challenged in an action brought by the United States to end discrimination in voter registration, the commissioners should not have been stricken as parties defendants to the action on the ground that they lacked sufficient interest in administering or enforcing the challenged laws. United States v. Mississippi, 380 U.S. 128, 85 S. Ct. 808, 13 L. Ed. 2d 717, 1965 U.S. LEXIS 1664 (U.S. 1965).

§ 23-15-35. Clerk of municipality to be registrar; registration books; form of application for registration; registration of county electors by clerk.

  1. The clerk of the municipality shall be the registrar of voters of the municipality, and shall take the oath of office prescribed by Section 268 of the Constitution. The municipal registration shall conform to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. The municipal clerk shall comply with all the provisions of law regarding the registration of voters, including the use of the voter registration applications used by county registrars and prescribed by the Secretary of State under Sections 23-15-39 and 23-15-47.
  2. The municipal clerk shall be authorized to register applicants as county electors. The municipal clerk shall forward notice of registration, a copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the county registrar or by personal delivery to the county registrar provided that a numbered receipt is signed by the county registrar in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, and if a review of the application indicates that the applicant meets all the criteria necessary to qualify as a county elector, then the county registrar shall make a determination of the county voting precinct in which the person making the application shall be required to vote. The county registrar shall send this county voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any mailing costs incurred by the municipal clerk or the county registrar in effectuating this subsection (2) shall be paid by the county board of supervisors. If a review of the copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the county, the county registrar shall challenge the application. The county election commissioners shall review any challenge or disqualification, after having notified the applicant by certified mail of the challenge or disqualification.
  3. The municipal clerk shall issue to the person making the application a copy of the application and the county registrar shall process the application in accordance with the law regarding the handling of voter registration applications.
  4. The receipt of a copy of the application for registration sent pursuant to Section 23-15-39(3) shall be sufficient to allow the applicant to be registered as an elector in the municipality, provided that such application is not challenged as provided for therein.
  5. The municipal clerk of each municipality shall provide the county registrar in which the municipality is located the information necessary to conform the municipal registration to the county registration which shall be a part of the official record of registered voters as contained in the Statewide Elections Management System. If any changes to the information occur as a result of redistricting, annexation or other reason, it shall be the responsibility of the municipal clerk to timely provide the changes to the county registrar.

HISTORY: Derived from 1972 Code §21-11-3 [Codes, 1892, § 3029; 1906, § 3434; Hemingway’s 1917, § 5994; 1930, § 2596; 1942, § 3374-61; Laws, 1904, ch. 158; Laws, 1950, ch. 491, § 61; Laws, 1984, ch 457, § 3; repealed by Laws, 1986, ch. 495, § 329]; en, Laws, 1986, ch. 495, § 10; Laws, 1988, ch. 350, § 5; Laws, 2004, ch. 305, § 8; Laws, 2006, ch. 574, § 2; Laws, 2007, ch. 565, § 1; Laws, 2008, ch. 532, § 2; brought forward without change, Laws, 2012, ch. 471, § 6; Laws, 2017, ch. 441, § 8, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Help America Vote Act of 2002 Compliance Law.”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 8.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 2.

On July 16, 2007, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2007, ch. 565.

On August 4, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 532.

By letter dated September 6, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 471.

Amendment Notes —

The 2004 amendment provided for versions of the section effective through January 1, 2006, and effective from and after January 1, 2006; in the version effective through January 1, 2006, inserted “of the municipality ” following “registrar of voters ” in (1); in (2), substituted “the application ” for “same ” in the third sentence, and made minor stylistic changes throughout; and rewrote (3); and in the version effective from and after January 1, 2006, in (1) inserted “of the municipality ” in the first sentence, and rewrote the second and third sentences; in (2), substituted “the application ” for “same ” in the third sentence, and made minor stylistic changes throughout; and rewrote (3).

The 2006 amendment, in the first version, substituted “January 1, 2008” for “January 1, 2006” in the bracketed effective date language, and in the second version, substituted “January 1, 2008” for “January 1, 2006” in the bracketed effective date language, and in (1), deleted “books” following “registration” twice in the second sentence and substituted “Elections Management” for “Centralized Voter System” following “Statewide.”

The 2007 amendment, substituted “January 1, 2009” for “January 1, 2008” in the bracketed effective date language.

The 2008 amendment, in the first version, substituted the present bracketed effective date language for the former bracketed information, which read: “Until January 1, 2009, this section shall read as follows”; and in the second version, substituted the present bracketed effective date information for the former bracketed information, which read: “From and after January 1, 2009, this section shall read as follows,” and added (5).

The 2012 amendment brought the section forward without change.

The 2017 amendment, in (2), inserted “county” preceding “registrar” the last time it appears in the second sentence, and inserted “(2)” following “effectuating this subsection” in the fifth sentence; in (5), substituted “county registrar” for “circuit clerk” both times it appears; and made a minor stylistic change.

Cross References —

Provision that receipt of an application for registration sent pursuant to this section shall be sufficient to allow the applicant to be registered as an elector of the state, see §23-15-39.

Federal Aspects—

The Help America Vote Act of 2002 is Act of Oct. 29, 2002, P.L. 107-252, formerly appearing as 42 USCS § 15301 et seq., now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 177, 180-183.

CJS.

29 C.J.S., Elections §§ 66, 128.

§ 23-15-37. Keeping registration books; registration of voters; voter registration in public schools.

  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.
    1. 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.
    2. 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.

HISTORY: Derived from 1972 Code §23-5-29 [Codes, 1892, § 3615; 1906, § 4122; Hemingway’s 1917, § 6756; 1930, § 6183; 1942, § 3211; Laws, 1894, ch. 51; Laws, 1942, ch. 217; Laws, 1952, ch. 399; Laws, 1955, Ex ch. 103; Laws, 1966, ch. 611, § 1; Laws, 1984, ch. 457, § 5; repealed by Laws, 1986, ch. 495, § 335]; en Laws, 1986, ch. 495, § 11; Laws, 1988, ch. 350, § 2; Laws, 1991, ch. 440, § 5; Laws, 1997, ch. 314, § 1; Laws, 2001, ch. 394, § 1; Laws, 2009, ch. 506, § 1; Laws, 2017, ch. 441, § 9, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1991, ch. 440, § 5, on May 1, 1992.

On March 12, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 1997, ch. 314.

On June 13, 2001, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2001, ch. 394.

By letter dated July 28, 2009, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws, 2009, ch. 506, § 1.

Amendment Notes —

The 2001 amendment added (5).

The 2009 amendment substituted “The registrar shall also keep” for “The registrar may also keep” at the beginning of the second sentence of (2).

The 2017 amendment, effective April 18, 2017, deleted “keep his books open at his office and shall” following “registrar shall” in (1); in (2), inserted “county” preceding “registrar” in the first and second sentences, substituted “open to register voters” for “open for registration of voters” in the first sentence, and added “unless that Saturday falls…next primary or general election” at the end of the second sentence; rewrote (5)(b), which read: “Each public school district shall permit access to all public schools of this state for the registrar or his deputy for the purpose of registration of persons eligible to vote and for providing voter education”; and made gender neutral and minor stylistic changes throughout.

Cross References —

Registering to vote by mail-in application, see §23-15-47.

Applicability of this section to county office hours, see §25-1-99.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 179.

CJS.

29 C.J.S., Elections §§ 128, 138–140.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. In general.

2. Under former Section 23-5-29.

1. In general.

Plaintiffs who showed that challenged statutes either impinged upon their protected rights to register to vote or burdened organizational efforts to assist prospective voters in registering had standing to sue to challenge Mississippi’s dual registration requirement and prohibition on satellite registration as violative of their rights and all persons similarly situated. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Based on totality of circumstances, proof showed by preponderance of evidence that Mississippi’s dual registration requirement and statutory prohibition on removing voter registration books from circuit clerk’s office resulted in denial or abridgement of right of black citizens in Mississippi to vote and participate in electorial process. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

No legitimate or compelling state interest is served by failure of state to mandate uniform, state-wide method of satellite registration; all circuit clerks should make arrangements to conduct satellite registration at no less than three voting precincts in each of five supervisory districts within their respective counties for at least one full day within 12 months of each election of state wide officials. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Whereas instances of racially polarized voting are pertinent in challenges to electoral processes, voting behavior or practices are not germaine to challenged voter registration procedures or to determination of discriminatory impact of registration practices. Racial appeals in campaigns for elections bear little relevance to state’s registration procedures. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

2. Under former Section 23-5-29.

Provisions in Mississippi Election Code pertaining to registration of voters do not violate § 2 of the Voting Rights Act (42 USCS § 1973(a)) simply because there might be better registration procedures which could be enacted into law. Mississippi State Chapter, Operation Push v. Mabus, 717 F. Supp. 1189, 1989 U.S. Dist. LEXIS 9930 (N.D. Miss. 1989), aff'd, 932 F.2d 400, 1991 U.S. App. LEXIS 10878 (5th Cir. Miss. 1991).

Section 251 of the constitution of 1890 and this section have reference to elections contemplated by the constitution and not to local option elections held under § 1610 of the Code of 1892 (Code 1906, § 1777), and the fact that such an election has been ordered does not interfere with the registration of voters. Bew v. State, 71 Miss. 1, 13 So. 868, 1893 Miss. LEXIS 138 (Miss. 1893).

§ 23-15-39. Form of application for registration; allowances for office supplies; determination on application; notice to applicant; assistance to applicant; voter registration number; fees and costs; forwarding of application.

  1. 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.
  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 thechange 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.

HISTORY: Derived from 1972 Code §23-5-17 [ (Codes, 1942, § 3209.6; Laws, 1955, Ex ch. 102, § 1; Laws, 1960, ch. 449, § 1; Laws, 1962, ch. 569, § 1; Laws, 1965, Ex Sess, ch. 10, §§ 1-4) and §23-5-303 (Codes, 1942, § 3203-502; Laws, 1972, ch 490, § 502; Laws, 1975, ch 502, § 1; Laws, 1984, ch. 457, § 1; repealed by Laws, 1986, ch 495, §§ 335, 337]; en Laws, 1986, ch. 495, § 12; Laws, 1988, ch. 350, § 3; Laws, 1991, ch. 440, § 8; Laws, 2000, ch. 592, § 1; Laws, 2001, ch. 308, § 1; Laws, 2004, ch. 305, § 9; Laws, 2006, ch. 574, § 3; Laws, 2017, ch. 441, § 10, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1991, ch. 440, § 8, on May 1, 1992.

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

Laws of 2001, ch. 308, § 1, amended this section to provide that persons who are unable to read or write shall not be required to personally complete the application for registration as a voter, and to authorize the registrar or the registrar’s deputy to read the application to the prospective voter and record the prospective voter’s responses.

On June 13, 2001, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2001, ch. 308.

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Help America Vote Act of 2002 Compliance Law.”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Acts of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 9.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 3.

Amendment Notes —

The 2000 amendment rewrote the form.

The 2001 amendment inserted present (7); and redesignated former (7) and (8) as present (8) and (9).

The 2004 amendment provided for versions of the section effective through January 1, 2006, and effective from and after January 1, 2006; in the version effective through January 1, 2006, rewrote (1); in (3), rewrote the first sentence and made minor stylistic changes; in (4), rewrote the first sentence; in (5), made minor stylistic changes; in (6), substituted “an application ” for “the same ” and substituted “the application ” for “said form ” twice in the first sentence, and substituted “applications for registration to all persons requesting them” for “forms for registering to all persons requesting the same” and substituted “the application” for “said forms” in the second sentence; in (7), made minor stylistic changes; in (8), substituted “if the application is not challenged” for “provided that such application is not challenged as provided for therein”; and in (9), substituted “county precincts which are included in the annexed area” for “county precincts in which such annexed area is included”; and in the version effective from and after January 1, 2006, rewrote the section.

The 2006 amendment substituted “Statewide Elections Management System” for “Statewide Centralized Voter System” throughout the section; in (5), rewrote the present last sentence and deleted the former last sentence which read: “The assigned voter registration number shall be clearly shown on the application.”

The 2017 amendment added “and the county registrar…provided on the application” at the end of (5); substituted “The registrar shall not charge a fee or cost to the applicant for accepting” for “No fee or cost shall be charged the applicant by the registrar for accepting” in the next-to-last sentence of (6); substituted “shall read the application and oath to the person and” for “shall read to the person the application and oath and” in (7); rewrote (9), which read: “In any case in which a municipality expands its corporate boundaries by annexation or redistricts all or a part of the municipality, the municipal clerk shall within ten (10) days after the effective date of the annexation or after preclearance of the redistricting plan under Section 5 of the Voting Rights Act of 1965, provide the county registrar with 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 shall update the municipal boundary information or redistricting information into the Statewide Elections Management System. The Statewide Elections Management System shall update the voter registration records to include the new municipal electors who have resided within the annexed area for at least thirty (30) days after annexation and assign the electors to the 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 new municipal electors written notification of the additions and changes. The Statewide Elections Management System shall correctly place municipal electors within districts whose boundaries were altered by any redistricting conducted within the municipality and assign such electors to the correct municipal voting precincts”; and made gender neutral and minor stylistic changes.

Cross References —

Provision that applications for registration as electors of a municipality shall conform as nearly as practicable to the application form provided for in this section, see §23-15-35.

Provision that receipt of a copy of an application for registration sent pursuant to this section shall be sufficient to allow the applicant to be registered as an elector in a municipality, see §23-15-35.

Registering to vote by mail-in application, see §23-15-47.

Federal Aspects—

The Help America Vote Act of 2002 is Act of Oct. 29, 2002, P.L. 107-252, formerly appearing as 42 USCS § 15301 et seq., now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

OPINIONS OF THE ATTORNEY GENERAL

Failure of applicant to give his social security number does not disqualify him to register but requires registrar to assign voter registration number to individual and that number must appear on application. 1990 Miss. Op. Att'y Gen. 222.

Under Miss. Code Section 23-15-39(8), all newly annexed county electors who have resided in annexed area for at least thirty days from effective date of annexation are automatically added to municipal registration books as registered voters of municipality. 1993 Miss. Op. Att'y Gen. 969.

RESEARCH REFERENCES

ALR.

Validity of governmental requirement of oath as applied to voters. 18 A.L.R.2d 268.

Am. Jur.

25 Am. Jur. 2d, Elections §§ 180-182.

CJS.

29 C.J.S., Elections §§ 105–119, 123.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former Section 23-5-17.

1. In general.

Based on totality of circumstances, proof showed by preponderance of evidence that Mississippi’s dual registration requirement and statutory prohibition on removing voter registration books from circuit clerk’s office resulted in denial or abridgement of right of black citizens in Mississippi to vote and participate in electorial process. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Plaintiffs who showed that challenged statutes either impinged upon their protected rights to register to vote or burdened organizational efforts to assist prospective voters in registering had standing to sue to challenge Mississippi’s dual registration requirement and prohibition on satellite registration as violative of their rights and all persons similarly situated. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Whereas instances of racially polarized voting are pertinent in challenges to electoral processes, voting behavior or practices are not germaine to challenged voter registration procedures or to determination of discriminatory impact of registration practices. Racial appeals in campaigns for elections bear little relevance to state’s registration procedures. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

2.-5. [Reserved for future use.]

6. Under former Section 23-5-17.

State election commissioners have power, authority, and responsibility to help administer voter registration laws by formulating rules for the various tests applied to applicants for registration, and for the reason that these rules and tests are vitally important elements of Mississippi laws challenged in an action brought by the United States to end discrimination in voter registration, the commissioners should not have been stricken as parties defendants to the action on the ground that they lacked sufficient interest in administering or enforcing the challenged laws. United States v. Mississippi, 380 U.S. 128, 85 S. Ct. 808, 13 L. Ed. 2d 717, 1965 U.S. LEXIS 1664 (U.S. 1965).

Where the court found that substantially all of the eligible white voters in Walthall County had been registered without being required to submit to any of the onerous tests or requirements imposed by the state statute, the county registrar, in registering Negro applicants, was enjoined not to use as a prerequisite to registration any requirements for qualification which had not theretofore been used with respect to the registration of white applicants. United States v. Mississippi, 339 F.2d 679, 1964 U.S. App. LEXIS 3484 (5th Cir. Miss. 1964).

The county registrar of Panola County was required, in conducting proceedings for the registration of voters, not to use as a prerequisite to registration any requirements for qualification which had not theretofore been used with respect to the registration of white applicants. United States v. Duke, 332 F.2d 759, 1964 U.S. App. LEXIS 5292 (5th Cir. Miss. 1964).

All provisions of Mississippi law which condition the right to vote on the ability to read and write, or contain a “test or device” as defined in Section 4(c) of the Voting Rights Act of 1965 [52 USCS § 10303, formerly codified as 42 USCS § 1973b(c)] have no force or effect during the period of suspension prescribed in said Act. United States v. Mississippi, 256 F. Supp. 344, 1966 U.S. Dist. LEXIS 9894 (S.D. Miss. 1966).

§ 23-15-41. Endorsement of application; completion of registration.

  1. When an applicant to register to vote has completed the application form as prescribed by administrative rule, the county registrar shall enter the applicant’s information into the Statewide Elections Management System where the applicant’s status will be marked as “ACTIVE,” “PENDING” or “REJECTED,” and the applicant shall be entitled to register upon his or her request for registration made in person to the registrar, or deputy registrar if a deputy registrar has been appointed. No person other than the registrar, or a deputy registrar, shall register any applicant.
  2. If an applicant is not qualified to register to vote, then the registrar shall enter the applicant’s information into the Statewide Elections Management System and mark the applicant’s status as “PENDING” or “REJECTED,” with the specific reason or reasons for that status noted. The registrar shall notify the election commission of those applicants rejected.

HISTORY: Derived from 1972 Code §23-5-33 [Codes, 1942, § 3212.5; Laws, 1962, ch. 571, §§ 1-6; Laws, 1965 Ex Sess, ch. 14, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 13; Laws, 1991, ch. 440, § 9; Laws, 2006, ch. 574, § 4; Laws, 2017, ch. 441, § 11, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1991, ch. 440, § 9, on May 1, 1992.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 4.

Amendment Notes —

The 2006 amendment rewrote the section.

The 2017 amendment in (1), in the first sentence, inserted “county” and “applicant’s information into the” and substituted “applicant’s status will be marked as” for “voter status will be marked”; rewrote (2), which read: “If an applicant is not qualified to register to vote, then the registrar shall enter the Statewide Elections Management System voter record where the voter’s status shall be marked ‘PENDING’ or ‘REJECTED’, specify the reason or reasons therefor, and notify the election commission of those rejected”; and made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-33.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-33.

Allegations that because of the interrelationship between the racial restrictions of the Mississippi voter qualification laws and requirements with respect to the selection of grand and petit jurors a defendant would be denied his equal civil rights to trial by a jury free from exclusion were insufficient to justify the removal to the federal courts of the trial of a Negro charged with the crime of rape. Bass v. Mississippi, 381 F.2d 692, 1967 U.S. App. LEXIS 5438 (5th Cir. Miss. 1967).

§ 23-15-43. Automatic review where person is not approved for registration.

In the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in Sections 23-15-61 through 23-15-79. In addition to the meetings of the election commissioners provided in those sections, the commissioners are required to hold such additional meetings to determine all pending cases of registration on review before the election at which the applicant desires to vote.

It is not the purpose of this section to indicate the decision that should be reached by the election commissioners in certain cases but to define which applicants should receive further examination by providing for an automatic review.

HISTORY: Derived from 1972 Code §23-5-305 [Codes, 1942, § 3203-503; Laws, 1972, ch. 490, § 503; Laws, 1975, ch. 502, § 2; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 14; Laws, 2017, ch. 441, § 12, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “an” in the first sentence; substituted “provded in those sections” for “provided under said sections” in the second sentence; and made minor stylistic changes.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-305.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-305.

Where evidence established that voter registrar summarily disapproved applications of anyone claiming to reside on the campus of Rust College or Mississippi Industrial College, thereby forcing them to prosecute an appeal to the board of election commissioners, while failing to refer to the board the applications of non-students in accordance with this section, the registrar and his employees were enjoined under 42 USCS § 1971(a)(2)(A) from failing to apply uniform standards to all applicants for registration, including black students attending institutions of higher learning in Marshal County, Mississippi, and from failing to register every student applicant who was denied registration because of the application of a stricter or more stringent standard than that applied to other applicants. Frazier v. Callicutt, 383 F. Supp. 15, 1974 U.S. Dist. LEXIS 6706 (N.D. Miss. 1974).

§ 23-15-45. Notice to person denied registration.

In the event that registration is denied pending automatic review by the county election commissioners, the registrar shall immediately inform the applicant that the registration is denied and advise the applicant of the date, time and place of the next meeting of the county election commissioners, at which time the applicant may present such evidence either in person or in writing as he deems pertinent to the question of residency.

HISTORY: Derived from 1972 Code §23-5-307 [Codes, 1942, § 3203-504; Laws, 1972, ch. 490, § 504; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 15, eff from and after January 1, 1987.

Cross References —

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

§ 23-15-47. Registering to vote by mail-in application.

  1. Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.
  2. The following procedure shall be used in the registration of electors by mail:
    1. Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his or her county registrar at least thirty (30) days before any election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. The postmark date of a mailed application shall be the applicant’s date of registration.
    2. Upon receipt of a mail-in application, the county registrar shall stamp the application with the date of receipt, and shall verify the application either by matching the applicant’s Mississippi driver’s license number through the Mississippi Department of Public Safety or by matching the applicant’s social security number through the American Association of Motor Vehicle Administrators. Within fourteen (14) days of receipt of a mail-in registration application, the county registrar shall complete action on the application, including any attempts to notify the applicant of the status of his or her application.
    3. If the county registrar determines that the applicant is qualified and his or her application is legible and complete, the county registrar shall mail the applicant written notification that the application has been approved, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter’s registration card. The registration card shall be provided by the county registrar to the applicant in accordance with Section 23-15-39. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the applicant. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: “DO NOT FORWARD”. If any registration notification form is returned as undeliverable, the voter’s registration shall be void.
    4. A mail-in application shall be rejected for any of the following reasons:
      1. An incomplete portion of the application makes it impossible for the registrar to determine the eligibility of the applicant to register;
      2. A portion of the application is illegible in the opinion of the county registrar and makes it impossible to determine the eligibility of the applicant to register;
      3. The county registrar is unable to determine, from the address and information stated on the application, the precinct in which the voter should be assigned or the supervisor district in which he or she is entitled to vote;
      4. The applicant is not qualified to register to vote pursuant to Section 23-15-11;
      5. The county registrar determines that the applicant is already registered as a qualified elector of the county;
      6. The county registrar is unable to verify the application pursuant to subsection (2)(b) of this section.
    5. If the mail-in application of a person is subject to rejection for any of the reasons set forth in paragraph (d)(i) through (iii) of this subsection, and it appears to the county registrar that the defect or omission is of such a minor nature and that any necessary additional information may be supplied by the applicant over the telephone or by further correspondence, the county registrar may write or call the applicant at the telephone number or address, or both, provided on the application. If the county registrar is able to contact the applicant by mail or telephone, the county registrar shall attempt to ascertain the necessary information, and if this information is sufficient for the registrar to complete the application, the applicant shall be registered. If the necessary information cannot be obtained by mail or telephone, or is not sufficient to complete the application within fourteen (14) days of receipt, the county registrar shall give the applicant written notice of the rejection and provide the reason for the rejection. The county registrar shall further inform the applicant that he or she has a right to attempt to register by appearing in person or by filing another mail-in application.
    6. If a mail-in application is subject to rejection for the reason stated in paragraph (d) (v) of this subsection and the “present home address” portion of the application is different from the residence address for the applicant found in the Statewide Elections Management System, the mail-in application shall be deemed a written request to update the voter’s registration pursuant to Section 23-15-13. The county registrar or the election commissioners shall update the voter’s residence address in the Statewide Elections Management System and, if necessary, advise the voter of a change in the location of his or her county or municipal polling place by mailing the voter a new voter registration card.
  3. The instructions and the application form for voter registration by mail shall be in a form established by rule duly adopted by the Secretary of State.
    1. The Secretary of State shall prepare and furnish without charge the necessary forms for application for voter registration by mail to each county registrar, municipal clerk, all public schools, each private school that requests such applications, and all public libraries.
    2. The Secretary of State shall distribute without charge sufficient forms for application for voter registration by mail to the Commissioner of Public Safety, who shall distribute the forms to each driver’s license examining and renewal station in the state, and shall ensure that the forms are regularly available to the public at such stations.
    3. Bulk quantities of forms for application for voter registration by mail shall be furnished by the Secretary of State to any person or organization. The Secretary of State shall charge a person or organization the actual cost he or she incurs in providing bulk quantities of forms for application for voter registration to such person or organization.
  4. The originals of completed mail-in applications shall remain on file in the office of the county registrar with copies retained in the Statewide Elections Management System.
  5. 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 enter the information into the Statewide Elections Management System.
  6. 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 through 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.
  7. Any person who attempts to register to vote by mail shall be subject to the penalties for false registration provided for in Section 23-15-17.

HISTORY: Laws, 1991, ch. 440, § 1; Laws, 1993, ch. 528, § 3; Laws, 1994, ch. 600, § 1; Laws, 2004, ch. 305, § 10; Laws, 2006, ch. 574, § 5; Laws, 2017, ch. 441, § 13, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

The United States Attorney General, by letter dated May 1, 1992, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws of 1991, ch. 440, § 1, except that the U.S. Attorney General objected to the mail-in voter registration requirement that the witnessing registered voter attest to the facts stated in the mail-in application.

The United States Attorney General, by letter dated August 16, 1993, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1993, ch. 528, § 3.

The United States Attorney General, by letter dated February 2, 1995, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 600, § 1, except that the U.S. Attorney General objected to the mail-in voter registration requirement that the witnessing registered voter attest to the facts stated in the mail-in application.

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Help America Vote Act of 2002 Compliance Law.”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 10.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 5.

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2004 amendment provided for versions of the section effective through January 1, 2006, and effective from and after January 1, 2006; in the version effective through January 1, 2006, in (2), deleted the former third through seventh sentences of (a), and made a minor stylistic change in (c); rewrote (3); in (5), added “or as an electronic image” and made a minor stylistic change; in (6), substituted “applicant indicates on the application that he resides within the city limits of a city or town in the county registration” for “reply to question 5(c) above is affirmative,” substituted “the application” for “answer to Question 5(c) above” and substituted“municipal clerk ” for “such clerk” in the first sentence, deleted “of same” following “if a review” in the second sentence, and made minor stylistic changes throughout; and rewrote (7); and in the version effective from and after January 1, 2006, in (2), deleted the former third through seventh sentences of (a), rewrote (c), and made minor stylistic changes throughout; rewrote (3); in (5), added “or as an electronic image” and made a minor stylistic change; rewrote (6) and (7); and added (8).

The 2006 amendment substituted “Statewide Elections Management System” for “Statewide Centralized Voter System” throughout the section; deleted “818” preceding “registration of electors by mail” in the introductory paragraph of (2); and in (2)(c), rewrote the fourth sentence, and deleted “application and on the” preceding “written notification” in the fifth sentence.

The 2017 amendment, effective April 18, 2017, rewrote (2)(a), which read: “Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his county registrar at least thirty (30) days prior to any election. The postmark date of a mailed application shall be the date of registration”; in (2)(b), rewrote the first sentence, which read: “Upon receipt of a mail-in application, the county registrar shall stamp the application with the date of receipt, and shall verify the application by contacting the applicant by telephone, by personal contact with the applicant, or by any other method approved by the Secretary of State,” and in the second sentence, substituted “fourteen (14) days” for “twenty-five (25) days” and inserted “registration”; in (2)(c), added “to the applicant in accordance with Section 23-15-39” at the end of the third sentence, and substituted “applicant” for “person” at the end of the fourth sentence; in (2)(d)(v), inserted “county” and “already”; in (2)(e), inserted “county” preceding “registrar” twice in the first sentence, the first time it appears in the second sentence and in the last sentence, and inserted “or address, or both” near the end of the first sentence; in (2)(f), substituted “Statewide Elections Management System” for “registration book” in the first sentence and rewrote the second sentence, which read “Subject to the time limits and other provisions of Section 23-15-13, the registrar or the election commissioners shall note the new residence address on his records and, if necessary, transfer the applicant to his new county precinct or municipal precinct, if any, advise the applicant of his new county precinct or municipal precinct, if any, polling place and supervisor district”; rewrote (5), which read: “The originals of completed mail-in applications shall remain on file in the office of the county registrar in accordance with Section 23-15-113. Nothing in this section shall preclude having applications on microfilm, microfiche or as an electronic image”; deleted the last three sentences of (6), which required the county registrar to send municipal voting precinct information by mail and to notify an applicant if a review of the application for registration indicated the applicant was not qualified to vote; deleted “if the Statewide Elections management System has that capability” from the end of (7); and made gender neutral and minor stylistic changes throughout.

Cross References —

Date of registration to vote, see §23-15-79.

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any felony violation, see §99-19-73.

Federal Aspects—

The Help America Vote Act of 2002 is Act of Oct. 29, 2002, P.L. 107-252, formerly appearing as 42 USCS § 15301 et seq., now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

§ 23-15-49. Change of voter registration information by elector on secured website.

    1. The Secretary of State shall, with the support of the Mississippi Department of Public Safety, establish a secure Internet website to permit registered electors to change their name, address or other information set forth in the elector’s existing voter registration record.
    2. Upon the request of an elector through the secure website, the software used by the Secretary of State for processing applications through the website shall provide for verification that:
      1. The elector has a current and valid Mississippi driver’s license or photo identification card issued by the Mississippi Department of Public Safety and the number for that driver’s license or photo identification card provided by the applicant matches the number for the elector’s driver’s license or photo identification card that is on file with the Mississippi Department of Public Safety;
      2. The name and date of birth provided by the voter matches the name and date of birth that is on file with the Mississippi Department of Public Safety; and
      3. The information provided by the elector matches the information on file with the Mississippi Department of Public Safety.

      If any of the information does not match that on file with the Mississippi Department of Public Safety, the changes shall be rejected.

  1. Any person who attempts to change registration information under this section shall be subject to the penalties for false registration provided for in Section 97-13-25.
  2. The Secretary of State and the Department of Public Safety shall enter into a memorandum of understanding providing for the sharing of information required to facilitate the requirements of this section.

HISTORY: Laws, 2016, ch. 416, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (1)(a) by substituting “change their name” for “change the their name.” The Joint Committee ratified the correction at its August 5, 2016, meeting.

Subarticle C. Appeals Upon Denial of Registration.

§ 23-15-61. Appeal by person denied registration.

Any person denied the right to register as a voter may appeal from the decision of the county registrar to the board of election commissioners by filing with the county registrar, on the same day of the denial or within five (5) days after the denial, a written application for appeal.

HISTORY: Derived from 1972 Code §23-5-55 [Codes, 1892, § 3624; 1906, § 4131; Hemingway’s 1917, § 6765; 1930, § 6196; 1942, § 3224; repealed by Laws, 1986, ch. 495, § 333]; en, Laws, 1986, ch. 495, § 16; Laws, 2017, ch. 441, § 14, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2017 amendment, effective April 18, 2017, inserted “county” preceding “registrar” twice; substituted “after the denial” for “thereafter”; and made a minor stylistic change.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 175, 183-185.

CJS.

29 C.J.S., Elections §§ 66, 106, 117, 123.

Lawyers’ Edition.

Criminal liability, under 18 USCS §§ 241, 242, for depriving, or conspiring to deprive, a person of his civil rights-Supreme Court cases. 20 L. Ed. 2d 1454.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

Stavis, A century of struggle for black enfranchisement in Mississippi: From the Civil War to the congressional challenge of 1965-and beyond. 57 Miss. L. J. 591, December, 1987.

Rhodes, Enforcing the Voting Rights Act in Mississippi through litigation. 57 Miss. L. J. 705, December, 1987.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-55.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-55.

Plaintiffs were not entitled to maintain a class action for declaratory relief, based on the alleged improper denial of their right to vote by county court clerk and registrar, where they had failed to pursue the reasonable and adequate administrative remedies provided by Mississippi law. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

The provision for appeals was pointed out in Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

Remedy of elector whose name is erased from registration books is to apply for reregistration and, on denial thereof, appeal to board of election commissioners, and if necessary, to circuit court. Calvert v. Crosby, 163 Miss. 177, 139 So. 608, 1932 Miss. LEXIS 25 (Miss. 1932).

§ 23-15-63. Appeal by other elector of allowance of registration.

Any elector of the county may likewise appeal from the decision of the county registrar allowing any other person to be registered as a voter; but before the same can be heard, the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the grounds of the appeal. The notice shall be served by the sheriff or a constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same, the sum of One Dollar ($1.00).

HISTORY: Derived from 1972 Code §23-5-57 [Codes, 1892, § 3625; 1906, § 4132; Hemingway’s 1917, § 6766; 1930, § 6197; 1942, § 3225; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 17; Laws, 2017, ch. 441, § 15, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2017 amendment, effective April 18, 2017, inserted “county” preceding “registrar” in the first sentence; and made a minor stylistic change.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-57.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-57.

Plaintiffs were not entitled to maintain a class action for declaratory relief, based on the alleged improper denial of their right to vote by county court clerk and registrar, where they had failed to pursue the reasonable and adequate administrative remedies provided by Mississippi law. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

The provision for appeals was pointed out. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

§ 23-15-65. Determination of appeals at September meeting of board of election commissioners.

The board of election commissioners shall meet at the courthouse of its county on the second Monday in September preceding any general election, and shall remain in session from day to day, so long as business may require. Three (3) election commissioners shall constitute a quorum to do business; but the concurrence of at least three (3) election commissioners shall be necessary in all cases for the rendition of a decision. The election commissioners shall hear and determine all appeals from the decisions of the registrar of their county, allowing or refusing the applications of electors to be registered; and they shall correct illegal or improper registrations, and shall secure the elective franchise, as affected by registration, to those who may be illegally or improperly denied the same.

HISTORY: Derived from 1972 Code §23-5-59 [Codes, 1892, § 3623; 1906, § 4130; Hemingway’s 1917, § 6764; 1930, § 6198; 1942, § 3226; Laws, 1968, ch. 569, § 1; Laws, 1970, ch. 506, § 21; Laws, 1968, ch. 569, § 1; Laws, 1970, ch. 506, § 21; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 18; Laws, 2017, ch. 441, § 16, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “election” preceding “commissioners” four times; and substituted “affected” for “effected” near the end.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

Provision that, with respect to the determination of appeals from allowance or refusal of applications for registration, the dates provided in §23-15-153, and former §§23-15-155 and23-15-157 are supplemental to that set forth in §23-15-65, see §23-15-67.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-59.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-59.

The commissioners of election, under this section [Code 1942, § 3226], have the mandatory duty to correct all illegal or improper registrations. United States v. Ramsey, 331 F.2d 824, 1964 U.S. App. LEXIS 6291 (5th Cir. Miss. 1964).

An election commission’s determination whether a person is qualified as a candidate is one of fact, and therefore final. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

The decision of a county election commission on appeal from a decision of the county registrar is declared by Code 1942, § 3227 to be final as to all questions of fact, but not as to matters of law. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

Writ of certiorari could not issue against county election commissioners, where it was sought to conduct in circuit court a contest of elections. Board of Supervisors v. Stephenson, 130 So. 684 (Miss.), rev'd, 160 Miss. 372, 134 So. 142, 1931 Miss. LEXIS 182 (Miss. 1930).

Evidence is admissible to show the number of names remaining on the registration books of the county after all proper erasures, in a contest as to whether the removal of a county seat was carried at an election by the requisite majority of all the qualified voters of the county. Board of Supervisors v. Buckley, 85 Miss. 713, 38 So. 104 (Miss. 1904).

§ 23-15-67. Determination of appeals at other meetings.

The election commissioners of each county shall, at the meetings provided for in Sections 23-15-123, 23-15-155 and 23-15-157, hear and determine any appeals which may have been perfected and which are pending on the respective dates provided for in Sections 23-15-123, 23-15-155 and 23-15-157, from the decisions of the registrar of their county allowing or refusing the applications of persons to be registered. The above dates for hearing the appeals are supplemental to the provisions of Section 23-15-65.

HISTORY: Derived from 1972 Code §23-5-61 [Codes, 1942, § 3226.5; Laws, 1960, ch. 446; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 19; Laws, 2017, ch. 441, § 17, eff from and after July 1, 2017.

Editor’s Notes —

Sections 23-15-155 and 23-15-157 referred to in this section were repealed by Laws, 1987, ch. 499, § 19, eff from and after July 24, 1987.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election”; and made minor stylistic changes.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

§ 23-15-69. Appeals heard de novo; finality of decisions.

All cases on appeal shall be heard by the boards of election commissioners de novo, and oral and documentary evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have power to subpoena witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commissioners in all cases shall be final as to questions of fact, but as to matters of law they may be revised by circuit courts and the Supreme Court. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the Statewide Elections Management System.

HISTORY: Derived from 1972 Code §23-5-63 [Codes, 1892, § 3626; 1906, § 4133; Hemingway’s 1917, § 6767; 1930, § 6199; 1942, § 3227; Laws, 1960, ch. 450; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 20; Laws, 2017, ch. 441, § 18, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2017 amendment, effective April 18, 2017, substituted “Statewide Elections Management System” for “registration books” at the end.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former law.

1.-5. [Reserved for future use.]

6. Under former law.

Code 1942, § 3227 permits the election commissioners to determine appeals from decisions made by the county registrar allowing or refusing a citizen the right to be registered as a qualified voter. Thornton v. Wayne County Election Com., 272 So. 2d 298, 1973 Miss. LEXIS 1528 (Miss. 1973).

Code 1942, § 3227 does not give the county election commission authority to hold a hearing and determine whether or not the election was illegal as a result of irregularities. Thornton v. Wayne County Election Com., 272 So. 2d 298, 1973 Miss. LEXIS 1528 (Miss. 1973).

Persons aggrieved by orders of an election commission must exhaust their administrative remedies of appeal as prerequisite to judicial review, except where the commission does not have authority to pass upon the questions raised by the party resorting to judicial relief, or in cases in which an administrative appeal does not afford due process. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

The provision for appeals was pointed out. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

Plaintiffs were not entitled to maintain a class action for declaratory relief, based on the alleged improper denial of their right to vote by county court clerk and registrar, where they had failed to pursue the reasonable and adequate administrative remedies provided by Mississippi law. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

Writ of certiorari could not issue against county election commissioners, where it was sought to conduct in circuit court a contest of elections. Board of Supervisors v. Stephenson, 130 So. 684 (Miss.), rev'd, 160 Miss. 372, 134 So. 142, 1931 Miss. LEXIS 182 (Miss. 1930).

§ 23-15-71. Appeal from decision of commissioners.

Any elector aggrieved by the decision of the commissioners shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two (2) days after the rendition of the decision, and may thereupon appeal to the circuit court upon the execution of a bond, with two (2) or more sufficient sureties to be approved by the commissioners, in the sum of One Hundred Dollars ($100.00), payable to the state, and conditioned to pay all costs in case the appeal shall not be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs.

HISTORY: Derived from 1972 Code §23-5-65 [Codes, 1892, § 3627; 1906, § 4134; Hemingway’s 1917, § 6768; 1930, § 6200; 1942, § 3228; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 21, eff from and after January 1, 1987.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

RESEARCH REFERENCES

ALR.

What constitutes “conviction” within constitutional or statutory provision disenfranchising one convicted of crime. 36 A.L.R.2d 1238.

Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appeal from decision of election board. 61 A.L.R.2d 482.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-65.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-65.

There can never exist any reason for a Circuit Court to transfer an appeal from the election commissioners to the Chancery Court. Lippian v. Ros, 253 Miss. 325, 175 So. 2d 138, 1965 Miss. LEXIS 990 (Miss. 1965).

Any elector has the right to appeal from any decision of the commissioners in failing to correct illegal or improper registration. United States v. Ramsey, 331 F.2d 824, 1964 U.S. App. LEXIS 6291 (5th Cir. Miss. 1964).

Plaintiffs were not entitled to maintain a class action for declaratory relief, based on the alleged improper denial of their right to vote by county court clerk and registrar, where they had failed to pursue the reasonable and adequate administrative remedies provided by Mississippi law. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

Remedy of elector whose name is erased from registration books is to apply for reregistration and, on denial thereof, appeal to board of election commissioners, and, if necessary, to circuit court. Calvert v. Crosby, 163 Miss. 177, 139 So. 608, 1932 Miss. LEXIS 25 (Miss. 1932).

Writ of certiorari could not issue against county election commissioners, where it was sought to conduct in circuit court a contest of elections. Board of Supervisors v. Stephenson, 130 So. 684 (Miss.), rev'd, 160 Miss. 372, 134 So. 142, 1931 Miss. LEXIS 182 (Miss. 1930).

§ 23-15-73. Duty of commissioners upon appeal.

It shall be the duty of the commissioners, in case of appeal from their decision, to return the bill of exceptions and the appeal bond into the circuit court of the county within five (5) days after the filing of the same with them; and the circuit courts shall have jurisdiction to hear and determine such appeals.

HISTORY: Derived from 1972 Code §23-5-67 [Codes, 1892, § 3628; 1906, § 4135; Hemingway’s 1917, § 6769; 1930, § 6201; 1942, § 3229; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 22, eff from and after January 1, 1987.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-67.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-67.

The provision for appeals was pointed out. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

Writ of certiorari could not issue against county election commissioners, where it was sought to conduct in circuit court a contest of elections. Board of Supervisors v. Stephenson, 130 So. 684 (Miss.), rev'd, 160 Miss. 372, 134 So. 142, 1931 Miss. LEXIS 182 (Miss. 1930).

§ 23-15-75. Proceedings in circuit court.

Should the judgment of the circuit court be in favor of the right of an elector to be registered, the court shall so order, and shall, by its judgment, direct the registrar of the county forthwith to register him. Costs shall not, in any case, be adjudged against the county.

HISTORY: Derived from 1972 Code §23-5-69 [Codes, 1892, § 3629; 1906, § 4136; Hemingway’s 1917, § 6770; 1930, § 6202; 1942, § 3230; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 23, eff from and after January 1, 1987.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-69.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-69.

Any person wrongfully denied the right to register as a voter who appeals to secure that right is entitled to register and his registration will be effective as of the date he made a proper application to register. Lippian v. Ros, 253 Miss. 325, 175 So. 2d 138, 1965 Miss. LEXIS 990 (Miss. 1965).

The provision for appeals was pointed out. Darby v. Daniel, 168 F. Supp. 170, 1958 U.S. Dist. LEXIS 3312 (D. Miss. 1958).

§ 23-15-77. Costs.

The election commissioners shall not award costs in proceedings before them; but circuit courts and the Supreme Court shall allow costs as in other cases.

HISTORY: Derived from 1972 Code §23-5-71 [Codes, 1892, § 3630; 1906, § 4137; Hemingway’s 1917, § 6771; 1930, § 6203; 1942, § 3231; Laws, 1968, ch. 361, § 64; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 24, eff from and after January 1, 1987.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

§ 23-15-79. Date of registration to vote.

  1. Unless the application for registration was made pursuant to Section 23-15-47, the date of registration to vote shall be the date the application for registration to vote was initially received by the registrar or, if submitted by mail, the postmark date, regardless of the date on which the county election commission, circuit court or Supreme Court, as the case may be, makes its final determination allowing the registration.
  2. In the case of an application for registration that has been made pursuant to Section 23-15-47, the date of registration to vote shall be the date the complete and legible application form is received by the county registrar, or, if mailed, the postmark date of the complete and legible application.

HISTORY: Derived from 1972 Code §23-5-309 [Codes, 1942, § 3203-505; Laws, 1972, ch. 490, § 505; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 25; Laws, 1991, ch. 440, § 10; Laws, 2017, ch. 441, § 19, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1991, ch. 440, § 10, on May 1, 1992.

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].

Amendment Notes —

The 2017 amendment, effective April 18, 2017, inserted “was initially received by the registrar or, if submitted by mail, the postmark date” in (1); added “or, if mailed, the postmark date of the complete and legible application” in (2); and made minor stylistic changes.

Cross References —

Provision that, in the event an applicant is not registered, there shall be an automatic review by the county election commissioners under the procedures provided in this subarticle, see §23-15-43.

RESEARCH REFERENCES

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

Subarticle D. Liability of the Registrar, Penalties and Injunctive Relief.

§ 23-15-91. No personal liability for error of judgment.

The county registrar, while acting within his jurisdiction and under the authority of this chapter, shall not be liable personally for any error of judgment regarding the registration of electors.

HISTORY: Derived from 1972 Code §23-5-27 [Codes, 1942, § 3210.5; Laws, 1955, Ex ch. 102, § 6; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 26, eff from and after January 1, 1987.

RESEARCH REFERENCES

CJS.

29 C.J.S., Elections § 64.

§ 23-15-93. Penalties.

If any election commissioner or registrar shall refuse or neglect to perform any of the duties imposed upon him or her by this chapter regarding the registration of electors, or shall knowingly permit any person to sign a false affidavit or otherwise knowingly permit any person to violate any provision of this chapter regarding the registration of electors, or shall violate any of the provisions of this chapter regarding the registration of electors, or if any officer taking the affidavits as provided in this chapter regarding registration of electors shall make any false statement in his or her certificate thereto attached, he or she shall 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.

HISTORY: Derived from 1972 Code §23-5-311 [Codes, 1942, § 3203-601; Laws, 1972, ch. 490, § 601; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 27; Laws, 2017, ch. 441, § 173, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “If any election commissioner or registrar shall” for “If any registrar or commissioner of elections shall”; and made gender neutral changes.

Cross References —

Provision that, in addition to the penalties set forth in this section, a person aggrieved by the refusal or neglect of a registrar or election commissioner to perform any duty relative to registration of electors may petition the chancery court for injunctive relief, see §23-15-95.

RESEARCH REFERENCES

Lawyers’ Edition.

Violation of election laws as “infamous crime” which must be prosecuted by presentment or indictment of grand jury under Fifth Amendment. 2 L. Ed. 2d 1960.

§ 23-15-95. Injunctive relief.

In addition to the penalties set forth in Section 23-15-93, any applicant aggrieved by any registrar or election commissioner because of their refusal or neglect to perform any of the duties prescribed by this chapter regarding the registration of electors may petition the chancery court of the county of the registrar or election commissioner for an injunction or mandate to enforce the performance of such duties and to secure to that applicant the rights to which he or she may be entitled under the provisions of the sections.

HISTORY: Derived from 1972 Code §23-5-312 [Laws, 1975, ch. 502, § 3; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 28; Laws, 2017, ch. 441, § 20, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substitued “election commissioner” for “commissioner of elections” twice; and made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 21 (petition for writ of mandamus to compel registration).

CJS.

29 C.J.S., Elections § 64.

Subarticle E. Registration Records.

§ 23-15-111. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective from and after July 1, 2017.

§23-15-111. [Derived from 1972 Code §23-5-23 [Codes, 1942, § 3209.9; Laws, 1955, Ex ch. 102, § 4; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 29, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-111 related to making changes to the registration books that were required to be kept in order to continue using them.

§ 23-15-113. Contents of voter registration files; storage of voter registration records.

  1. The voter registration files shall contain copies of the applications for registration completed by electors, which applications shall show the date of registration and signature of elector.
  2. All records pertaining to voter registration shall be stored in an electronic format in the Statewide Elections Management System by the county registrar. The scanned applications shall be a legal document of voter registration and shall be retained in the Statewide Elections Management System.

HISTORY: Derived from 1972 Code §23-5-25 [Codes, 1892, § 3607; 1906, § 4113; Hemingway’s 1917, § 6747; 1930, § 6182; 1942, § 3210; Laws, 1952, ch. 398, § 1; Laws, 1955, Ex Sess, ch. 102, § 5; Laws, 1962, ch. 569, § 3; Laws, 1965, Ex Sess, ch. 12, § 1; Laws, 1984, ch. 457, § 4; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 30; Laws, 1997, ch. 421, § 3; Laws, 2006, ch. 574, § 6; Laws, 2017, ch. 441, § 21, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

On September 22, 1997, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1997, ch. 421, § 3.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 6.

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2006 amendment added (2).

The 2017 amendment, effective April 21, 2017, rewrote (1), which read: “The registration books are to be in the following form: The voter registration files shall contain copies of the applications for registration completed by electors, which applications shall show the date of registration and signature of elector, and such files shall be known as registration books. The files described herein may be recorded on microfilm or computer software for convenience and efficiency in storage”; and in the first sentence of (2), deleted “From and after January 1, 2006” from the beginning, and added “by the county registrar” at the end.

Cross References —

Registering to vote by mail-in application, see §23-15-47.

§ 23-15-114. Repealed.

Repealed by Laws, 2006, ch. 574, § 21 effective and in force from and after June 5, 2006, the date it was effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.

[Laws, 1991, ch. 440, § 2, eff from and after May 1, 1992 (the date the United States Attorney General interposed no objection to this amendment).]

Editor’s Notes —

Former §23-15-114 was entitled: “Automated voter registration system.”

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the repeal of this section by Laws, 2006, ch. 574, § 21.

§ 23-15-115. Transfer of voter registration necessitated by change in boundaries of legislative districts.

When a transfer of a voter registration is necessitated by any change in the boundaries of legislative districts, supervisors districts, voting precincts, or other similar boundaries, such information necessary to bring about such transfer may be secured by mail or otherwise. Necessary forms for the purposes of securing necessary information shall be prepared by the registrar.

HISTORY: Derived from 1972 Code §23-5-32 [Laws, 1978, ch. 393, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 31, eff from and after January 1, 1987.

§ 23-15-117. Repealed.

Repealed by Laws of 2016, ch. 430, § 22, effective January 1, 2017.

§23-15-117. [Derived from 1972 Code §23-5-45 [Codes, 1880, § 114; 1892, § 3617; 1906, § 4124; Hemingway’s 1917, § 6758; 1930, § 6191; 1942, § 3219; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 32, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-117 was entitled: Penalty for false entry, and for unauthorized erasure or alteration.

§ 23-15-119. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective July 1, 2017.

§23-15-119. [Derived from 1972 Code §23-5-47 [Codes, 1880, § 115; 1892, § 3618; 1906, § 4125; Hemingway’s 1917, § 6759; 1930, § 6192; 1942, § 3220; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 33, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-119 provided for the procurement of new, or enlargement of existing, registration books or pollbooks.

§ 23-15-121. Loss or destruction of electronic voting record.

Should the electronic voting record of any county as maintained by the Statewide Elections Management System be lost or destroyed, the board of supervisors may adjudge the fact, and direct a new registration of the voters to be made; and the county registrar, being so directed, shall make a new registration, as herein provided, of the qualified electors of his or her county.

HISTORY: Derived from 1972 Code §23-5-49 [Codes, 1892, § 3619; 1906, § 4126; Hemingway’s 1917, § 6760; 1930, § 6193; 1942, § 3221; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 34; Laws, 2006, ch. 574, § 7; Laws, 2017, ch. 441, § 22, eff from and after July 1, 2017.

Editor’s Notes —

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 7.

Amendment Notes —

The 2006 amendment inserted “or electronic voting record” following “Should the registration books.”

The 2017 amendment substituted “the electronic voting record of any county as maintained by the Statewide Elections Management System be lost” for “the registration books or electronic voting record of any county be lost”; inserted “county” preceding “registrar”; deleted “on new books to be provided by the board” from the end; and made a gender neutral change.

Cross References —

Lost or destroyed pollbook, see §23-15-131.

§ 23-15-123. Confusion of registration books.

If at any time the registration books of the county as maintained by the Statewide Elections Management System be or become in such confusion that a new registration is necessary to determine correctly the names of the qualified electors and the voting precinct of each, the board of supervisors shall order a new registration of voters to be made in like manner as provided for in Section 23-15-121.

HISTORY: Derived from 1972 Code §23-5-51 [Codes, 1892, § 3620; 1906, § 4127; Hemingway’s 1917, § 6761; 1930, § 6194; 1942, § 3222; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 35; Laws, 2006, ch. 574, § 8; Laws, 2017, ch. 441, § 23, eff from and after July 1, 2017.

Editor’s Notes —

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 8.

Amendment Notes —

The 2006 amendment inserted “of supervisors” following “the board,” and substituted “provided for in Section 23-15-121” for “in case of the loss or destruction of the books” at the end.

The 2017 amendment inserted “as maintained by the Statewide Elections management System.”

§ 23-15-125. Form of pollbooks.

The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter’s name shall be removed from the Statewide Elections Management System, the state’s voter roll and the county’s pollbooks. Nothing in this section shall preclude the use of electronic pollbooks.

HISTORY: Derived from 1972 Code §23-5-73 [Codes, 1892, § 3608; 1906, § 4114; Hemingway’s 1917, § 6748; 1930, § 6204; 1942, § 3232; Laws, 1962, ch. 574; Laws, 1977, 2d Ex Sess, ch. 24, § 3; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 36; Laws, 2006, ch. 574, § 9; Laws, 2010, ch. 446, § 8; Laws, 2017, ch. 441, § 24, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 9.

By letter dated July 9, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2010, ch. 446, § 8.

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2006 amendment, in the first sentence, deleted “have printed or written at the top of each page words to” preceding “designate the voting precinct for,” and inserted “voter registration number” following “date of registration”; and added the last sentence.

The 2010 amendment added “Except as otherwise provided in Section 23-15-692” at the beginning of the second sentence.

The 2017 amendment, effective April 18, 2017, rewrote the section, which read: “The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. Except as otherwise provided in Section 23-15-692, all who register within thirty (30) days before any regular election shall be entered on the pollbooks immediately after such election, and not before, so that the pollbooks will show only the names of those qualified to vote at such election. When election commissioners determine that any elector is disqualified from voting, by reason of removal from the supervisors district, or other cause, that fact shall be noted on the registration book and his name shall be erased from the pollbook. Nothing in this section shall preclude the use of electronic pollbooks.”

Cross References —

Registering to vote by mail-in application, see §23-15-47.

§ 23-15-127. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective July 1, 2017.

§23-15-127. [Derived from 1942 Code § 3112 [Laws, 1934, ch. 308; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 37; Laws, 2006, ch. 574, § 10, eff June 5, 2006 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.)]

Editor’s Notes —

Former §23-15-127 related to the preparation, use and revision of primary election pollbooks.

§ 23-15-129. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective July 1, 2017.

§23-15-129. [Derived from 1972 Code §23-5-74 [Laws, 1977, 2d Ex Sess, ch. 24, § 1; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 38; Laws, 2006, ch. 574, § 11, eff June 5, 2006 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.)]

Editor’s Notes —

Former §23-15-129 related to the administrative division of pollbooks to form subprecincts.

Amendment Notes —

The 2006 amendment deleted the former third sentence which read: “Separate pollbooks for each subprecinct shall be made.”

§ 23-15-131. Repealed.

Repealed by Laws, 2006, ch. 574, § 21 effective and in force from and after June 5, 2006, the date it was effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.

[Derived from 1972 Code §23-5-75 [Codes, 1892, § 3621; Laws, 1906, § 4128; Hemingway’s 1917, § 6762; Laws, 1930, § 6205; Laws, 1942, § 3233; Laws, 1977 2d Ex Sess, ch. 24, § 4; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 39, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-131 was entitled: “Loss or destruction of pollbook.”

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the repeal of this section by Laws of 2006, ch. 574, § 21.

§ 23-15-133. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective July 1, 2017.

§23-15-133. [Derived from 1972 Code §23-5-76 [Laws, 1977, 2d Ex Sess, ch. 24, § 2; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 40, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-133 provided the procedure for forming subprecincts and making subprecinct pollbooks.

§ 23-15-135. Registrar to keep master voter roll and pollbooks and provide location for accepting applications for Mississippi Voter Identification Cards.

  1. The master voter roll as electronically maintained by the Statewide Elections Management System of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the master voter roll and pollbooks hereafter made, shall be records of his or her office, and he or she shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.
  2. The registrar of each county shall provide a location in the registrar’s office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
  3. The registrar of each county shall enter into a Memorandum of Understanding, which is negotiated by the Secretary of State, with the Mississippi Department of Public Safety for the purpose of providing a Mississippi Voter Identification Card.

HISTORY: Derived from 1972 Code §23-5-77 [Codes, 1892, § 3610; 1906, § 4116; Hemingway’s 1917, § 6750; 1930, § 6206; 1942, § 3234; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 41; Laws, 2012, ch. 526, § 3; Laws, 2017, ch. 441, § 25, eff from and after July 1, 2017.

Editor’s Notes —

The effective date of the bill that amended this section, Chapter 526, Laws of 2012 (House Bill No. 921), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was submitted to the United States Attorney General under Section 5, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 526 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated August 5, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 526 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 526, so Chapter 526 became effective on the date of the response letter from the United States Attorney General, August 5, 2013.

Amendment Notes —

The 2012 amendment added (2) and (3).

The 2017 amendment, in (1), substituted “master voter roll” for “registration books” both times it appears, inserted “as electronically maintained by the Statewide Elections Management System,” and made gender neutral changes.

Cross References —

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

OPINIONS OF THE ATTORNEY GENERAL

The Registrar would be the appropriate official to transfer the names of registered voters to a newly established automated voter registration system. 1992 Miss. Op. Att'y Gen. 957.

There is no apparent legal authority that would allow registration books and pollbooks to be kept and maintained in place other than office of circuit clerk/registrar except when pollbooks are being used in conduct of election. 1992 Miss. Op. Att'y Gen. 931.

County registrar is “certifying official” for purpose of certifying number of signatures of qualified electors on petitions calling for election pursuant to particular statute as well as on nominating petitions for candidates for public offices. 1993 Miss. Op. Att'y Gen. 644.

Any and all requests for access to or copies of county voter registration records must be made to the county registrar, and it is the duty and responsibility of the county registrar to insure that voters’ social security numbers, telephone numbers, and dates of birth and age information are excluded prior to granting access or providing copies of such records. 2000 Miss. Op. Att'y Gen. 112.

The practice of boards of supervisors to seek certification from their respective county circuit clerks as to the number of signatures of qualified electors appearing on such petitions prior to the adjudication of the sufficiency of those petitions is, in most if not all cases, necessary to protect the integrity of the process, since circuit clerks are the custodians of the registration records. 2000 Miss. Op. Att'y Gen. 216.

Each circuit clerk is responsible for making available public records of his office when properly requested. Information such as social security numbers, telephone numbers, dates of birth and age information must be erased or removed from such records before they are made available to the public. There is no specific statutory direction on the manner in which such information is to be removed. 2003 Miss. Op. Att'y Gen. 555.

Each county registrar must use sound discretion in determining whether the chairman of the election commission should be the only one other than the registrar to have a key to the room where voter registration records are stored. Reasonable hours of access to the room would be established by the circuit clerk, in his or her discretion. 2005 Miss. Op. Att'y Gen. 378.

§ 23-15-137. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective July 1, 2017.

§23-15-137. [Laws, 1994, ch. 590, § 1; Laws, 2004, ch. 305, § 11; Laws, 2006, ch. 574, § 12; Laws, 2006, ch. 585, § 1, eff from and after June 5, 2006 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws, 2006, ch. 574, § 12).]

Editor’s Notes —

Former §23-15-137 authorized municipalities to contract with county election commissioners to revise registration books and pollbooks.

This section was amended by Section 12 of Chapter 574, Laws of 2006, and Section 1 of Chapter 585, Laws of 2006. Both chapters required submission to the United States Attorney General for preclearance under Section 5 of the Voting Rights Act of 1965. Chapter 574 received preclearance on June 5, 2006. There are no records indicating that Chapter 585 was submitted to or precleared by the U.S. Attorney General, so Chapter 585 was never given effect. The version of the section that appeared in the Code, and that was repealed by Section 189 of Chapter 441, Laws of 2017, reflected the language of Section 12 of Chapter 574, Laws of 2006, effective June 5, 2006.

§§ 23-15-139 and 23-15-140. Repealed.

Repealed by Laws, 2002, ch 588, § 4, eff from and after July 29, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the repeal of this section).

§23-15-139. [Laws, 1997, ch. 421, § 1.]

§23-15-140. [Laws, 1997, ch. 421, § 2.]

Editor’s Notes —

Former §23-15-139 provided for a statewide voter registration record. For present similar provisions, see §§23-15-163 et seq.

Former §23-15-140 provided for a statewide voter registration record. For present similar provisions, see §§23-15-163 et seq.

Subarticle F. Purging.

§ 23-15-151. List of persons convicted of certain crimes to be kept by circuit clerk and entered into Statewide Elections Management System; removal of disenfranchised voters from system.

The circuit clerk of each county is authorized and directed to prepare and keep in his or her office a full and complete list, in alphabetical order, of persons convicted of voter fraud or of any crime listed in Section 241, Mississippi Constitution of 1890. A certified copy of any enrollment by one clerk to another will be sufficient authority for the enrollment of the name, or names, in another county. A list of persons convicted of voter fraud, any crime listed in Section 241, Mississippi Constitution of 1890, or any crime interpreted as disenfranchising in later Attorney General opinions, shall also be entered into the Statewide Elections Management System on a quarterly basis. Voters who have been convicted in a Mississippi state court of any disenfranchising crime are not qualified electors as defined by Section 23-15-11 and shall be purged or otherwise removed by the county registrar or county election commissioners from the Statewide Elections Management System.

HISTORY: Derived from 1972 Code §23-5-37 [Codes, 1906, §§ 879, 4121; Hemingway’s 1917, §§ 4037, 6755; 1930, §§ 4079, 6187; 1942, §§ 3215, 7920; Laws, 1898, ch. 62; Laws, 1908, ch. 109; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 42; Laws, 1987, ch. 499, § 1; Laws, 2012, ch. 517, § 3; Laws, 2017, ch. 441, § 26, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 1987, ch. 499, § 20, provides as follows:

“SECTION 20. If any section, paragraph, sentence, clause or phrase of this act is declared to be unconstitutional or void, or for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses or phrases shall be in no manner affected thereby but shall remain in full force and effect.”

By letter dated November 26, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 517.

Amendment Notes —

The 2012 amendment inserted “vote fraud or of” following “convicted” in the first and second sentences and made minor stylistic changes throughout.

The 2017 amendment, in the fist sentence, substituted “voter fraud” for “vote fraud”; deleted the former second through fourth sentences, which read: “The clerk shall enter the names of all persons who have been or shall be hereafter convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, in a book prepared and kept for that purpose. The board of supervisors of each county shall, as early as practicable, furnish the circuit clerk of their county with a suitable book for the enrollment of those names showing the name, date of birth, address, court, crime and date of conviction. The roll, when so prepared, shall be compared with the registration book before each election commissioner of the county”; added the last two sentences; and made a gender neutral change.

Federal Aspects—

As to provisions of the United States Internal Revenue Code, see Title 26 of the United States Code Service.

OPINIONS OF THE ATTORNEY GENERAL

The compilation required by this section should include the names of persons who have been convicted of any of the crimes identified as disqualifying by the courts or by official opinions of the Attorney General. 2003 Miss. Op. Att'y Gen. 555.

Where no roll of persons convicted of crimes was maintained by previous clerks, a newly appointed clerk should make reasonable attempts to list persons known to have previous convictions. 2003 Miss. Op. Att'y Gen. 555.

This section requires the circuit clerk of each county to prepare and maintain a list of all persons who have been convicted of disqualifying crimes in their respective counties. However, any documentation received from a circuit clerk of another county, the State of Mississippi or any other source showing that a resident of a particular county has a disqualifying conviction should be recorded in such compilation or preserved in some other manner in order to insure that the name of the person convicted does not appear on the registration records. 2003 Miss. Op. Att'y Gen. 555.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-37.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-37.

A new trial would be required on a felon’s claim that the election board’s disenfranchisement of him pursuant to §§23-5-35,23-5-37 [Repealed.] was unconstitutionally selective, where the board had not acted according to the requisite procedure established in §23-5-37 [Repealed.], and its noncompliance with this procedure may have created a pattern of selective enforcement. Williams v. Taylor, 677 F.2d 510, 1982 U.S. App. LEXIS 18677 (5th Cir. Miss. 1982).

§ 23-15-153. Revision of county voter roll by election commissioners; removal of voters from roll; amount and limitations of per diem payments to election commissioners; distribution of master voter roll to municipal registrars; certification of hours worked; number of days in calendar year for which election commissioners entitled to receive compensation.

  1. At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration:
    1. On the Tuesday after the second Monday in January 1987 and every following year;
    2. On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected;
    3. On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and
    4. On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted.

      Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System.

  2. Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount ofOne Hundred Dollars ($100.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section:
    1. In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    2. In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    3. In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
    4. In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    5. In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    6. In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    7. In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year;
    8. In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    9. In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year;
    10. In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year.
  3. In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, for not to exceed five (5) days.
    1. The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph.
    2. The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Fifty Dollars ($150.00), to be paid from the county general fund, for the performance of their duties on the day of any general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph.
  4. The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election.
  5. The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day.
  6. In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure “read only” access to the Statewide Elections Management System and print its own pollbooks using this information.
  7. County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections.
  8. In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day.
  9. Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner’s official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner’s signature is, as a matter of law, made under the commissioner’s oath of office and under penalties of perjury.

    The certification form shall be as follows:

    Click to view

  10. Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239.

COUNTY ELECTION COMMISSIONER PER DIEM CLAIM FORM NAME: COUNTY: ADDRESS: DISTRICT: CITY: ZIP: PURPOSE APPLICABLE ACTUAL PER DIEM DATE BEGINNING ENDING OF MS CODE HOURS DAYS WORKED TIME TIME WORK SECTION WORKED EARNED TOTAL NUMBER OF PER DIEM DAYS EARNED EXCLUDING ELECTION DAYS PER DIEM RATE PER DAY EARNED x $100.00 TOTAL NUMBER PER DIEM DAYS EARNED FOR ELECTION DAYS PER DIEM RATE PER DAY EARNED x $150.00 TOTAL AMOUNT OF PER DIEM CLAIMED $ I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury. I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting. Signed this the day of , , Commissioner’s Signature When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person. Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be. Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney’s fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney’s fees, and the county shall be jointly and severally liable for same.

HISTORY: Derived from 1972 Code §23-5-79 [Codes, 1880, § 124; 1892, § 3635; 1906, § 4142; Hemingway’s 1917, § 6776; 1930, § 6211; 1942, § 3239; Laws, 1968, ch. 570, § 1; Laws, 1970, ch. 506, § 24; Laws, 1979, ch. 487, § 1; Laws, 1983, ch. 423, §§ 1, 4; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 43; Laws, 1987, ch. 499, § 15; Laws, 1988, ch. 389, § 1; Laws, 1993, ch. 510, § 1; Laws, 1994, ch. 590, § 2; Laws, 2000, ch. 430, § 4; Laws, 2001, ch. 414, § 1; Laws, 2002, ch. 444, § 1; Laws, 2004, ch. 305, § 12; Laws, 2006, ch. 592, § 2; Laws, 2007, ch. 434, § 4; Laws, 2010, ch. 377, § 1; Laws, 2013, ch. 413, § 1; Laws, 2013, ch. 456, § 1; Laws, 2016, ch. 381, § 1; Laws, 2017, ch. 441, § 27, eff from and after July 1, 2017; Laws, 2018, ch. 399, § 2, eff from and after July 1, 2018.

Joint Legislative Committee Note —

This section was amended by Section 1 of Chapter 413, Laws of 2013, approved March 20, 2013, and effective from and after July 9, 2013 (the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965, as amended and extended). This section was also amended by Section 1 of Chapter 456, Laws of 2013, approved March 25, 2013, and effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Section 1-1-109 gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments, contingent upon preclearance, as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Editor’s Notes —

The United States Attorney General, by letter dated May 14, 1993, interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1993, ch. 510, § 1.

The United States Attorney General, by letter dated July 11, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 590, § 2.

On August 11, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 430.

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 414.

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Help America Vote Act of 2002 Compliance Law.”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 12.

On June 29, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 592, § 2.

On June 15, 2007, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2007, ch. 434.

By letter dated June 21, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2010, ch. 377, § 1.

This section was amended by two bills in 2013. The effective date of each of the two bills that amended this section, Chapter 413, Laws of 2013 (Senate Bill No. 2238) and Chapter 456, Laws of 2013 (Senate Bill No. 2311), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bills were approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 413 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated July 9, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 413 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 413, so Chapter 413 became effective on the date of the response letter from the United States Attorney General, July 9, 2013.

Chapter 456 was not submitted before the Shelby County decision, but the Mississippi Attorney General’s Office submitted Chapter 456 to the United States Attorney General in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated July 18, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 456 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 456, so Chapter 456 became effective from and after July 18, 2013, the date of the United States Attorney General’s response letter. The Joint Committee on Compilation, Revision and Publication of Legislation, in its meeting on August 1, 2013, voted to integrate the amendments to this section by Chapter 413 and Chapter 456.

Amendment Notes —

The 2000 amendment inserted the proviso in the last paragraph of (1).

The 2001 amendment rewrote the section.

The 2002 amendment rewrote (6); and substituted “June 20, 2001” for “the effective date of this act” in (7).

The 2004 amendment provided for versions of the section effective through January 1, 2006, and effective from and after January 1, 2006; in the version effective through January 1, 2006, substituted “registrar shall” for “commissioners of election may” in (5); and in the version effective from and after January 1, 2006, rewrote (5).

The 2006 amendment substituted “84.00” for “70.00” following “PER DIEM RATE PER DAY EARNED”; and added (7).

The 2007 amendment added (4) and redesignated former (4) through (7) as present (5) through (8); and substituted “county registrar” for “country registrar” in the next-to-last sentence of (6).

The 2010 amendment deleted “subsection (3) of” following “Except as provided in” in (2); added (3); and redesignated the remaining subsections accordingly.

The first 2013 amendment (ch. 413), inserted the subdivision (a) designator in (4) and added (4)(b); and inserted “EXCLUDING ELECTION DAYS,” “TOTAL NUMBER PER DIEM DAYS EARNED FOR ELECTION DAYS _______________ PER DIEM RATE PER DAY EARNED x 150.00” in “Per Diem Claim Form” in (9).

The second 2013 amendment (ch. 456), added (8) and redesignated former (8) and (9) as (9) and (10).

The 2016 amendment added (9) and redesignated former (9) and (10) as (10) and (11).

The 2017 amendment inserted “election” preceding “commissioners” throughout; rewrote the introductory paragraph of (1), which read: “At the following times, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase from those books the names of all persons erroneously on the books, or who have died, removed or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration”; substituted “members of Congress” for congressmen” twice in (1)(b); rewrote the last paragraph of (1), which read: “Except for the names of those persons who are duly qualified to vote in the election, no name shall be permitted to remain on the registration books and pollbooks; however, no name shall be erased from the registration books or pollbooks based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not on the pollbook”; substituted “county voter roll as electronically maintained by the Statewide Elections Management System” for “registration books and pollbooks” in the introductory paragraph of (2); substituted “county voter roll as electronically maintained by the Statewide Elections Management System” for “registration books and pollbooks” or “registration books, pollbooks” in (3), (4)(a) and (5); in (7), rewrote the first sentence, which read: “The county registrar shall prepare the pollbooks and the county commissioners of election shall prepare the registration books of each municipality located within the county pursuant to an agreement between the county and each municipality in the county,” inserted “the actual cost of” and “municipal master voter roll” in the second sentence, and rewrote the last sentence, which read: “A municipality may secure ‘read only’ access to the Statewide Centralized Voter System and print its own pollbooks using this information; however, county commissioners of election shall remain responsible for preparing registration books for municipalities and shall be paid for this duty in accordance with this subsection”; deleted “Section 23-15-491” following “by this section” in (11); and made gender neutral and minor stylistic changes.

The 2018 amendment substituted “One Hundred Dollars ($100.00)” for “Eighty-four Dollars ($84.00)” once in (2), (4)(a), and (5); and substituted “X $100.00” for “X $84.00” in the Per Diem Claim Form.

Cross References —

Provision that, with respect to the determination of appeals from allowance or refusal of applications for registration, the dates provided in §23-15-153, and former §§23-15-155 and23-15-157 are supplemental to that set forth in §23-15-65, see §23-15-67.

Provision that, at the meetings provided for in this section the county election commissioners shall hear and determine any pending, perfected appeals from decisions of the registrar allowing or refusing applications for registration, see §23-15-67.

Application of per diem amounts specified in this section to per diem for election commissioners attending elections training seminars, see §23-15-211.

Provision that registrars shall receive the same per diem as is provided for board of election commissioners in this section and §23-15-227, as compensation for assisting the county election commissioners in performance of their duties, see §23-15-225.

Federal Aspects—

National Voter Registration Act of 1993, see 52 U.S.C.S. § 20501 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Individual commissioners may perform preliminary work of identifying those individuals who have died, moved away or otherwise have become disqualified as voters without quorum of commissioners present; however, official act of removing names of those individuals who have, as matter of fact, become disqualified, must be taken by commission as whole or quorum thereof. 1990 Miss. Op. Att'y Gen. 89.

Statute which provides per diem for commissioners contemplates that commission as whole be in session; however, if commission determines that in order to fulfill its’ statutory responsibilities it is necessary for individual commissioners to work when quorum is not present and county board of supervisors authorizes compensation for such work, individual commissioners would be entitled to compensation for such work. 1990 Miss. Op. Att'y Gen. 89.

Municipal election commissioners are required to meet on schedule set forth in statute as there are no specific statutory provisions setting forth dates that municipal election commissioners must meet. 1990 Miss. Op. Att'y Gen. 572.

Commissioners are to be paid per diem for any day in which they are engaged in statutory duties (revising registration books and pollbooks or conducting election), regardless of amount of time they actually work. 1991 Miss. Op. Att'y Gen. 48.

Once county election commission has made factual determination that voter has “removed” himself from his county of registration, commission has statutory duty and obligation to remove that voter’s name from registration books and pollbooks, regardless of whether voter has signed cancellation form or registered in another county or state. 1991 Miss. Op. Att'y Gen. 455.

There is no apparent authority for county board of supervisors to compensate individual members of party executive committee for the work they perform for their party, including holding primary elections in place of county election commissioners. 1992 Miss. Op. Att'y Gen. 549.

Miss. Code Section 23-15-153 provides for meeting of commissioners, revision of registration rolls and books, and compensation of commissioners at per diem allowance. 1993 Miss. Op. Att'y Gen. 263.

Commissioner who works five or more hours in one day is paid $70.00 for that day with no carry over of any hours worked in excess of five hours, but commissioner may carry over hours if he works less than five hours on any particular day so that hours carried over would be added to hours of less than five worked on other days until a total of five hours is accumulated. 1993 Miss. Op. Att'y Gen. 496.

There is no requirement that election commission or executive committees actually be in session and present with Registrar in order for Registrar to perform ministerial tasks and be entitled to appropriate compensation. 1993 Miss. Op. Att'y Gen. 575.

Section 23-15-153 applies to Municipal Voting Rolls in that same procedures may be employed to purge Municipal Voting Rolls. 1993 Miss. Op. Att'y Gen. 593.

There is no United States Department of Justice requirement that must be made regarding purging of municipal voter rolls; proper guidelines to follow are found in Section 23-15-153. 1993 Miss. Op. Att'y Gen. 593.

Municipalities can purge the voter rolls based on returned mass mailings unless federal election law applies. Exum-1998 Miss. Op. Att'y Gen. 149.

Any and all requests for access to or copies of county voter registration records must be made to the county registrar, and it is the duty and responsibility of the county registrar to insure that voters’ social security numbers, telephone numbers, and dates of birth and age information are excluded prior to granting access or providing copies of such records. 2000 Miss. Op. Att'y Gen. 112.

The purging duties of county election commissioners are subject to an annual limitation regardless of the number of regularly scheduled primary or general elections; they would be entitled to additional days for purging only for special elections except those conducted on the regular special election day in November; therefore, for purposes of compensation of county election commissioners for their purging duties, primary and general elections are not separate events in the sense that would entitle commissioners to compensation in excess of the stated annual limitation on days. 2000 Miss. Op. Att'y Gen. 594.

Subsection (4) does not encompass primary elections because county election commissioners have no duties in the conduct of primaries. 2000 Miss. Op. Att'y Gen. 594.

The revision of the poll books for a primary election would entitle a county election commissioner to be compensated pursuant to subsection (2) subject to the annual limitation specified therein. 2000 Miss. Op. Att'y Gen. 594.

A per diem may be earned in one of two ways: first, a period of not less than five hours during a particular day would entitle a commissioner to a per diem; second, a period of less than five hours worked during a particular day may be carried forward and added to other periods of less than five hours. Once a total of five hours is accumulated over a period of two or more days, the commissioner would also be entitled to a per diem. 2000 Miss. Op. Att'y Gen. 594.

Any per diem earned for work in connection with revising primary election poll books will count against the annual limitation set forth in subsection (2); and, no per diem pursuant to subsection (4) can be earned with regard to a primary election because county election commissioners have no duties in the conduct of primaries. 2000 Miss. Op. Att'y Gen. 594.

A registrar must be actually employed in assisting election commissioners or party executive committees, either personally or through a deputy, for a minimum of five hours during a day or for a minimum of five hours accumulated over two or more days in order to claim a per diem; if a registrar, either personally or through a deputy, is actually employed in assisting both the democratic and republican executive committees for the requisite period during the same day, he or she would be entitled to claim two per diems. 2000 Miss. Op. Att'y Gen. 667.

The number of per diem days county election commissioners may lawfully claim is that prescribed by House Bill 685 based on the population figures of the 2000 federal decennial census, provided that all hours worked are actually required, performed, and documented as required by law; there is no requirement to pro-rate the number of days for calendar year 2001 between the “old law” and the “new law.” 2001 Miss. Op. Att'y Gen. 598.

The statute as it read on April 17, 2001 controlled as to the number of per diem days county election commissioners could lawfully claim, and House Bill 685 did not grant any additional days for the April 17 flag referendum or any other election conducted prior to June 13, 2001. 2001 Miss. Op. Att'y Gen. 598.

County election commissioners were entitled to claim per diem days for revising the registration books and pollbooks during calendar year 2001 up to the maximum number authorized by House Bill 685 even though the new law only became effective on June 13, 2001, provided that such purging was necessary and the work was performed and documented as required by law. 2001 Miss. Op. Att'y Gen. 598.

Performing one or more of various duties, such as training poll workers, appointing poll workers, distributing ballot boxes, having ballots printed, distributing ballots, and/or receiving and canvassing election returns, in connection with primary elections does not constitute performing official duties of a county election commission for which per diem is authorized pursuant to the statute. 2001 Miss. Op. Att'y Gen. 638.

The Election Commissioners Association of Mississippi can lawfully sponsor one or more training events for its members, and election commissioners attending a training event sponsored by the association are entitled to receive a per diem provided a training certificate from the association is received and provided the six day limit is not exceeded. 2002 Miss. Op. Att'y Gen. 26.

Individual election commissioners may be employed on a part-time basis by the board of supervisors to perform redistricting tasks provided the board determines, consistent with the facts that (1) the work involved is not required to be performed by the registrar or deputy registrar; and (2) the work is over and above the regular statutory duties of the election commissioners. Martin, Jr., 2002 Miss. Op. Att'y Gen. 326.

There is no authority for a county board of supervisors to election commission members for redistricting work over and above their regular “purging” duties. 2003 Miss. Op. Att'y Gen. 96.

Even in the absence of a book listing persons who have been convicted of disqualifying crimes, the election commission is still responsible under subsection (1) of this section for removing disenfranchised felons from the voter rolls from other sources, such as the docket book in the Attorney General’s office. Also, under 23-15-19, the circuit clerk as county registrar is required to erase from the registration records the name of any person convicted of any disenfranchising crime. 2003 Miss. Op. Att'y Gen. 555.

With the exception of removing names of persons convicted of disqualifying crimes from the registration records by the circuit clerk, the election commission has sole authority for maintaining and purging the voter roll. 2003 Miss. Op. Att'y Gen. 555.

There is nothing that allows a county board of supervisors to authorize per diem for election commissioners for days in excess of that provided for by this section. The mandate of the court for a hand recount of ballots must be met even if it means working beyond normal hours each of the remaining days. 2004 Miss. Op. Att'y Gen. 594.

Failure of a municipal election commission to properly purge registration books and poll books in accordance with Section 23-15-153 could result in the fraudulent use of the names of deceased voters or voters who have been otherwise disqualified to cast illegal votes which could affect the validity of the election. 2005 Miss. Op. Att'y Gen. 129.

Each county registrar must use sound discretion in determining whether the chairman of the election commission should be the only one other than the registrar to have a key to the room where voter registration records are stored. Reasonable hours of access to the room would be established by the circuit clerk, in his or her discretion. 2005 Miss. Op. Att'y Gen. 378.

The work necessitated by municipal redistricting is not a part of the regular duties of municipal election commissioners. Therefore, the municipal governing authorities may employ and compensate individual county election commissioners or they may employ and compensate individual municipal election commissioners to perform such work. 2005 Miss. Op. Att'y Gen. 414.

Individual county election commissioners are entitled to per diem compensation pursuant to Section 23-15-153 for conducting demonstrations of Diebold voting machines. 2006 Miss. Op. Att'y Gen. 65.

There is no statutory mandate as to where the election commission must meet to conduct other than official business; however, notice of any meeting that is not at a place and time specified by statute to conduct official business or discuss matters that may lead to the formulation of public policy must be given and the meeting must held in accordance with the State Open Meetings law. 2006 Miss. Op. Att'y Gen. 196.

Governing authorities may lawfully set the compensation of municipal election commissioners at the same rate and within the guidelines established by Section 23-15-153 for county election commissioners. 2006 Miss. Op. Att'y Gen. 455.

A county election commission may continue to purge names from the registration books and poll books within 90 days of a regularly scheduled primary or general election with the exception that any program the purpose of which is to systematically remove the names of ineligible voters based on residency must be completed prior to 90 days prior to a regularly scheduled primary or general election. 2006 Miss. Op. Att'y Gen. 620.

The minutes of a county election commission should be available as a public record in the office of the circuit clerk. 2006 Miss. Op. Att'y Gen. 620.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 179.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 22 (petition to strike name from register of voters).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 25 (order of court providing for revision of voter list).

CJS.

29 C.J.S., Elections §§ 128–135.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-79.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-79.

The commissioners of election of each county have the duty under this section [Code 1942, § 3239] to erase the names of all persons erroneously registered. United States v. Ramsey, 331 F.2d 824, 1964 U.S. App. LEXIS 6291 (5th Cir. Miss. 1964).

This section [Code 1942, § 3239] is directory and not mandatory and in the absence of prejudice or fraud, a meeting three days before a bond issue election will be sufficiently effective. Tedder v. Board of Sup'rs, 214 Miss. 717, 59 So. 2d 329, 1952 Miss. LEXIS 512 (Miss. 1952).

Where the election commissioners certified to the Board of Supervisors the essential matters necessary for the issuance of bonds of a school district, and had determined all the jurisdictional facts essential to the validity of the election, and the Board of Supervisors had found all the jurisdictional facts essential to the issuance of the bonds and had directed their issuance and validation, dependency of the mandamus suit in circuit court based on the claim that the election commissioners had unlawfully changed the registration books after they had met and revised the election rolls, was no bar to a validation proceeding in chancery court, where no appeal was taken from the order of the Board of Supervisors to the circuit court, a mandamus suit being no substitute for the appeal provided by law. In re Validation of Bonds, 185 Miss. 864, 188 So. 318, 1939 Miss. LEXIS 168 (Miss. 1939).

Where election commissioners met for purpose of revising registration and poll books, notation “transferred to [another election district]” made on poll book opposite names of voters held ineffective as an adjudication that they were disqualified as electors. Carver v. State, 177 Miss. 54, 170 So. 643, 1936 Miss. LEXIS 244 (Miss. 1936). But see Wade v. Williams, 517 So. 2d 573, 1987 Miss. LEXIS 2971 (Miss. 1987).

Mandamus did not lie to require county election commissioners to restore name erased from registration books on ground petitioner had become disqualified as elector. Calvert v. Crosby, 163 Miss. 177, 139 So. 608, 1932 Miss. LEXIS 25 (Miss. 1932).

Remedy of elector whose name is erased from registration books is to apply for reregistration and, on denial thereof, appeal to board of election commissioners, and, if necessary, to circuit court. Calvert v. Crosby, 163 Miss. 177, 139 So. 608, 1932 Miss. LEXIS 25 (Miss. 1932).

§§ 23-15-155 and 23-15-157. Repealed.

Repealed by Laws, 1987, ch. 499, § 19, eff from and after July 24, 1987 (the date on which the United States Attorney General interposed no objection to the repeal of this section).

§23-15-155. [Derived from 1972 Code §23-5-80 (Laws, 1983, ch. 423, § 3; Laws, 1986, ch. 484, § 14; repealed by Laws, 1986, ch. 495, § 335); en, Laws, 1986, ch. 495, § 44]

§23-15-157. [Derived from 1972 Code §23-5-81 (Codes, 1942, § 3240; Laws, 1938, Ex ch. 84; Laws, 1946, ch. 220; Laws, 1958, ch. 541; Laws, 1963, 1st Ex Sess ch. 33; Laws, 1966, ch. 612, § 1; Laws, 1975, ch. 497, § 1; Laws, 1979, ch. 487, § 2; Laws, 1983, ch. 423, §§ 2, 4; repealed by Laws, 1986, ch. 495, § 335); en, Laws, 1986, ch. 495, § 45]

Editor’s Notes —

Former §23-15-155 provided for meeting of commissioners, revision of registration books and pollbooks, and compensation of commissioners during Congressional election years.

Former §23-15-157 provided for the annual meeting of commissioners and revision of registration books and pollbooks, and compensation of commissioners.

§ 23-15-159. Repealed.

Repealed by Laws, 2000, ch. 430, § 7, effective from and after August 11, 2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the repeal of this section).

[Derived from 1972 Code §23-5-82 [Laws, 1983, ch. 524, §§ 1, 2; Repealed by Laws, 1986, ch. 495, § 335]; En, Laws, 1986, ch. 495, § 46, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-159 required that the names of persons who have not voted in at least one election in the last four successive years be erased from the registration books and pollbooks.

On August 11, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the repeal of this section by Laws of 2000, ch. 430, § 7.

§ 23-15-160. Repealed.

Repealed by Laws of 2017, ch. 441, § 189, effective July 1, 2017.

§23-15-160. [Laws, 2000, ch. 430, § 5, eff from and after August 11, 2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the enactment of this section.)]

Editor’s Notes —

Former §23-15-160 required that the names of electors whose registration was cancelled under former §23-15-159 be returned to registration books and pollbooks.

§ 23-15-161. Attendance and assistance of county registrar at meeting of county election commissioners.

The county registrar shall:

Attend the meetings of the county election commissioners;

Permit and furnish them access to the Statewide Elections Management System; and

Render them all needed assistance of which the registrar is capable in the performance of their duties in revising the list of qualified electors.

HISTORY: Derived from 1972 Code §23-5-83 [Codes, 1880, § 125; 1892, § 3636; 1906, § 4143; Hemingway’s 1917, § 6777; 1930, § 6212; 1942, § 3241; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 47; Laws, 2017, ch. 441, § 28, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment divided the section into the introductory paragraph and paragraphs (a) through (c), and therein inserted “county” in the introductory paragraph, “county election” in (a), rewrote (b), which read: “and shall furnish them the registration books and the pollbooks,” and in (c), deleted “and shall” from the beginning and substituted “the registrar” for “he.”

OPINIONS OF THE ATTORNEY GENERAL

Phrase “all needed assistance of which he is capable” is intended to encourage cooperation between registrar and election commissioners to insure that registration books and pollbooks contain only names of those individuals who meet statutory requirements of qualified elector. 1990 Miss. Op. Att'y Gen. 201.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 97, 98.

Subarticle G. Statewide Centralized Voter System.

§ 23-15-163. Purpose of subarticle.

The purposes of this subarticle are:

To establish a centralized statewide qualified voter file that consists of all qualified electors who are registered to vote;

To enhance the uniformity of the administration of elections by creating and maintaining a centralized statewide file of qualified voters;

To increase the efficiency and decrease the cost of maintaining voter registration records and implementing the National Voter Registration Act of 1993;

To increase the integrity of the voting process by compiling a single centralized qualified voter file from county voter roll data that will permit the name of each citizen of this state to appear only once;

To apply technology and information gathered by principal executive departments of state government, state agencies and local voter registrars in a manner that ensures that accurate and current records of qualified voters are maintained and to secure cooperation among all state and county entities to develop systems and processes that are interfaced with the Statewide Elections Management System; and

To enable the state to receive federal funds which may be available to carry out provisions of this subarticle.

HISTORY: Laws, 2002, ch. 588, § 1; Laws, 2017, ch. 441, § 29, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated July 29, 2002, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the addition of this subarticle by Laws of 2002, ch. 588, §§ 1 through 3.

Amendment Notes —

The 2017 amendment substituted “Statewide Elections Management System” for “Centralized Statewide Voter System” in (e).

Federal Aspects—

National Voter Registration Act of 1993, see 52 U.S.C.S. § 20501 et seq.

§ 23-15-165. Implementation of centralized database of registered voters; functions; format; advisory committee.

  1. The Office of the Secretary of State, in cooperation with the county registrars and election commissioners, shall 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:
    1. Verify that an applicant that is registering to vote in that county is not registered to vote in another county;
    2. Be notified automatically that a registered voter in its county has registered to vote in another county;
    3. Receive regular reports of death, changes of address and convictions for disenfranchising crimes that apply to voters registered in the county; and
    4. 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 was 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 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. The rules and regulations shall at least:
    1. Provide for the establishment and maintenance of a centralized database for all voter registration information in the state;
    2. Provide procedures for integrating data into the centralized database;
    3. Provide security to ensure that only the registrar, or his or her designee or other appropriate official, as the law may require, can add information to, delete information from and modify information in the system;
    4. Provide the registrar or his or her 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 all local pollbooks;
    5. Provide security and protection of all information in the system and monitor the system to ensure that unauthorized access is not allowed;
    6. Provide a procedure that will allow the registrar, or his or her designee or other appropriate official, as the law may require, to identify the precinct to which a voter should be assigned; and
    7. 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 established an advisory committee to assist in developing system specifications, procurement, implementation and maintenance of the Statewide Elections Management System. The committee included 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 or her designee; the Executive Director of the Department of Information Technology Services, or his or her 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 chair of the advisory committee.
    1. 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.
    2. 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.

HISTORY: Laws, 2002, ch. 588, § 2; Laws, 2006, ch. 574, § 13, eff June 5, 2006 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section); Laws, 2017, ch. 441, § 30, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated July 29, 2002, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the addition of this subarticle by Laws of 2002, ch. 588, §§ 1 through 3.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 13.

Amendment Notes —

The 2006 amendment substituted “Statewide Elections Management System” for “Statewide Centralized Voter System ” throughout the section.

The 2017 amendment, in (1), deleted “From and after July 1, 2002” from the beginning and made related changes, substituted “county registrars” for “local registrars,” and deleted “begin to” preceding “procure”; rewrote the last sentence of (3), which read: “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”; deleted “subprecinct” following “identify the precinct” in (4)(f); in (5), substituted “established” for “shall establish” and “included” for “shall include”; and made gender neutral and minor stylistic changes.

Cross References —

Mississippi Public Records Act of 1983, see §§25-61-1 et seq.

JUDICIAL DECISIONS

1. Relation to federal law.

Public disclosure provision of National Voter Registration Act (NVRA) did not require disclosure of unredacted voter registration documents, including voter registrant birthdates, and therefore redaction provisions under Mississippi law were not preempted because there was no direct conflict. True the Vote v. Hosemann, 43 F. Supp. 3d 693, 2014 U.S. Dist. LEXIS 120962 (S.D. Miss. 2014).

§ 23-15-167. Repealed.

Repealed by Laws of 2017, ch. 441, § 190, effective July 1, 2017.

§23-15-167. [Laws, 2002, ch. 588, § 3, eff July 29, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.)]

Editor’s Notes —

Former §23-15-167 related to expenditures for the purchase of computer hardware or software.

Subarticle H. Compliance with Help America Vote Act of 2002.

§ 23-15-169. Secretary of State to establish administrative complaint procedure for handling grievances.

The Secretary of State shall, by rule and regulation, establish an administrative complaint procedure for handling grievances in accordance with the Help America Vote Act of 2002.

HISTORY: Laws, 2004, ch. 305, § 2, eff July 12, 2004 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section).

Editor’s Notes —

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Help America Vote Act of 2002 Compliance Law.”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 2.

Federal Aspects—

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

OPINIONS OF THE ATTORNEY GENERAL

The Secretary of State has the authority to issue regulations regarding Help America Vote Act (HAVA) and the authority to expend HAVA funds, with the only restriction on the expenditure of funds for purchase of voting systems being that the systems comply with HAVA requirements. 2005 Miss. Op. Att'y Gen. 442.

§ 23-15-169.1. Secretary of State and Commissioner of Public Safety to enter agreement granting access to driver’s license and identification cardholder databases for purpose of matching information in Statewide Elections Management System.

The Secretary of State and the Commissioner of Public Safety shall enter into an agreement to grant the Secretary of State’s Office “read only” access to the driver’s license database and identification cardholder database for the purpose of matching information in the database of the Statewide Elections Management System created in Section 23-15-163 et seq. to the extent required to enable the Secretary of State to verify the accuracy of information provided on applications for voter registration in compliance with the Help America Vote Act of 2002.

HISTORY: Laws, 2004, ch. 305, § 3; Laws, 2017, ch. 441, § 31, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 3.

Amendment Notes —

The 2017 amendment, effective April 18, 2017, substituted “Statewide Elections Management System” for “Statewide Centralized Voter System.”

Federal Aspects—

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

§ 23-15-169.2. Commissioner of Public Safety to enter agreement with Commissioner of Social Security to verify accuracy of information provided with respect to applications for voter registration.

The Commissioner of Public Safety shall enter into an agreement with the Commissioner of Social Security under Section 205 (r) (8) of the Social Security Act in accordance with the Help America Vote Act of 2002 to verify the accuracy of applicable information provided by the Commissioner of Public Safety with respect to applications for voter registration.

HISTORY: Laws, 2004, ch. 305, § 4, eff July 12, 2004 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section).

Editor’s Notes —

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 4.

Federal Aspects—

Section 205(r)(8) of the Social Security Act, referred to in this section, is codified at 42 USCS § 405(r)(8).

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

§ 23-15-169.3. Secretary of State authorized to accept and expend federal funds under Help America Vote Act of 2002; eligibility for federal funds of counties purchasing voting systems that comply with Act.

  1. The Secretary of State shall have the authority to accept federal funds authorized under the Help America Vote Act of 2002 and to meet all the requirements of the Help America Vote Act of 2002 in order to expend the funds.
  2. Counties that purchase or have purchased since January 1, 2001, voting systems that comply with the requirements of the Help America Vote Act of 2002 shall be eligible for federal funds accepted by the Secretary of State for Help America Vote Act of 2002 compliance efforts. The only restriction that the Secretary of State may place on the expenditure of federal funds for the purchase of voting systems is that the systems comply with the criteria and rules established in the Help America Vote Act of 2002 for voting systems.
  3. Counties may purchase voting systems under the Help America Vote Act of 2002 (HAVA) if:
    1. The system selected is HAVA compliant as determined by the rules promulgated to effectuate the Help America Vote Act of 2002 in this state; and
    2. The County Board of Supervisors spreads upon its minutes a certification of the following:
      1. The county determined it is in its best interest to opt out of any statewide bulk purchase to be effectuated by the Secretary of State pursuant to his duties under HAVA;
      2. The voting system selected by the county meets all of the foregoing requirements under HAVA;
      3. The county understands and accepts any and all liability for said system; and
      4. The county is solely responsible for the purchase of said system.

      Upon meeting the foregoing requirements, a county shall be reimbursed for its costs for said system from the HAVA funds for this purpose; however, the county shall be limited in its reimbursement to an amount to be determined by the Secretary of State based upon an objective formula implemented for the statewide, bulk purchase of said voting systems. Any costs over and above the set formula described herein shall be the sole responsibility of the county.

    3. In addition to other information required by paragraph (b) of this subsection, any county that purchases voting systems after June 6, 2005 shall spread upon its minutes certification of the following:
      1. All voting systems within the county are the same, except those machines that are handicap accessible as required by HAVA; and
      2. The voting systems have a device or mechanism that allows any votes cast to be verified by paper audit trail.

HISTORY: Laws, 2004, ch. 305, § 5; Laws, 2005, ch. 534, § 16, eff June 6, 2005 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).

Editor’s Notes —

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2004, ch. 305, § 5.

On June 6, 2005, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2005, ch. 534, § 16.

Amendment Notes —

The 2005 amendment, in (2), inserted “or have purchased since January 1, 2001” near the beginning of the first sentence, and inserted “and rules” following “comply with the criteria” in the second sentence; and added (3).

Federal Aspects—

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

§ 23-15-169.4. Information to be provided to absent uniformed services voters and overseas voters regarding voter registration and absentee ballot procedures.

The Secretary of State shall be responsible for providing to all absent uniformed services voters and overseas voters who wish to vote or register to vote in this state information required by the Help America Vote Act of 2002 regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections, including procedures relating to the use of the federal write-in absentee ballot.

HISTORY: Laws, 2004, ch. 305, § 6, eff July 12, 2004 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section).

Editor’s Notes —

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 6.

Federal Aspects—

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

§ 23-15-169.5. Rules and regulations to be promulgated by the Secretary of State.

The Secretary of State shall promulgate rules and regulations necessary to effectuate the provisions of the Help America Vote Act of 2002 in this state.

HISTORY: Laws, 2004, ch. 305, § 7, July 12, 2004 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section).

Editor’s Notes —

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 7.

Federal Aspects—

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

§ 23-15-169.6. Repealed.

Repealed by Laws of 2017, ch. 402, § 1, and ch. 441, § 191, effective from and after July 1, 2017.

§23-15-169.6. [Laws, 2005, ch. 534, § 18, eff June 6, 2005 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.)]

Joint Legislative Committee Note —

Section 1 of Chapter 402, Laws of 2017, effective from and after July 1, 2017 (approved April 5, 2017), repealed this section. Section 191 of Chapter 441, Laws of 2017, effective from and after July 1, 2017 (approved April 18, 2017), also repealed this section. Section 1-3-79 provides that whenever the same section of law is amended/repealed by different bills during the same legislative session, and the effective dates of the amendments/repeals are the same, the amendment/repeal with the latest approval date supersedes all other amendments/repeals to the same section approved on an earlier date. The controlling act repealing this section is therefore Chapter 441, Laws of 2017.

Editor’s Notes —

Former §23-15-169.6 created a task force to study voting systems complying with Help America Vote Act of 2002, provided for its composition, appointments, meetings, quorum requirements, compensation and staff, and required the reporting of findings and recommendations.

§ 23-15-169.7. “Help Mississippi Vote Fund” created; use of money in fund; funding of Office of Secretary of State expenses; deposit of user charges and fees authorized under this section into State General Fund and use of monies so deposited.

  1. There is created in the State Treasury a special fund, to be designated the “Help Mississippi Vote Fund” to the credit of the Secretary of State, which shall be comprised of the monies required to be deposited into the fund under Section 7-3-59, and any other funds that may be made available for the fund by the Legislature.
  2. Monies in the fund shall be expended by the Secretary of State to support the state’s maintenance of efforts as required by the federal mandates of the Help America Vote Act of 2002 .
  3. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the special fund shall be deposited to the credit of the special fund.
  4. From and after July 1, 2016, the expenses of this agency shall be defrayed by line item appropriation from the State General Fund to the Office of Secretary of State and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer, and shall not be authorized for expenditure by the Secretary of State to reimburse or otherwise defray expenses of any office administered by the Secretary of State.
  5. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 2006, ch. 309, § 20; Laws, 2016, ch. 459, § 46; Laws, 2017, ch. 441, § 32; Laws, 2017, 1st Ex Sess, ch. 7, § 4, eff from and after passage (approved June 23, 2017); Laws, 2018, ch. 343, § 2, eff from and after passage (approved March 8, 2018).

Joint Legislative Committee Note —

Section 32 of Chapter 441, Laws of 2017, effective from and after July 1, 2017 (approved April 18, 2017), amended this section. Section 4 of Chapter 7, Laws of 2017, First Extraordinary Session, effective from and after passage (approved June 23, 2017), also amended this section. As set out above, this section reflects the language of Section 4 of Chapter 7, Laws of 2017, First Extraordinary Session, which contains language that specifically provides that it supersedes §23-15-5 as amended by Chapter 441, Laws of 2017.

Editor’s Notes —

Laws of 2016, ch. 459, § 1, codified as §27-104-201, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Budget Transparency and Simplification Act of 2016.’ ”

Amendment Notes —

The 2016 amendment deleted the “(a)” designator in (1), and redesignated former (1)(b) and (c) as (2) and (3) respectively; and added (4) and (5).

The first 2017 amendment (ch. 441), effective July 1, 2017, added “and for compensation . . . Section 23-15-239” at the end of (2).

The second 2017 amendment (ch. 7, 1st Ex Sess), effective June 23, 2017, rewrote (4), which read: “From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.”

The 2018 amendment, effective March 8, 2018, deleted “and for compensation paid to any certified poll manager under Section 23-15-239” from the end of (2).

Cross References —

Fees collected under §75-9-525, see §7-3-59.

Prohibition against one state agency charging another state agency fees, etc., for services or resources received, see §27-104-203.

Defrayal of expenses of certain state agencies by appropriation of Legislature from General Fund, see §27-104-205.

Federal Aspects—

The Help America Vote Act of 2002, referred to in this section, is Act of Oct. 29, 2002, P.L. 107-252, which formerly appeared as 42 USCS § 15301 et seq. and is now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

Article 5. Times of Primary and General Elections.

Subarticle A. Municipal Elections.

§ 23-15-171. Primary elections.

  1. Municipal primary elections shall be held on the first Tuesday in April preceding the general municipal election and, in the event a second primary shall be necessary, such second primary shall be held on the fourth Tuesday in April preceding such general municipal election. The candidate receiving a majority of the votes cast in the election shall be the party nominee. If no candidate shall receive a majority vote at the election, the two (2) candidates receiving the highest number of votes shall have their names placed on the ballot for the second primary election. The candidate receiving the most votes cast in the second primary election shall be the party nominee. However, if no candidate shall receive a majority vote at the first primary, and there is a tie in the election of those receiving the next highest vote, those candidates receiving the next highest vote and the candidate receiving the highest vote shall have their names placed on the ballot for the second primary election, and whoever receives the most votes cast in the second primary election shall be the party nominee. At the 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 the 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 poll managers and other officials of the primary election shall be appointed by the municipal executive committee of the party holding the 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. Provided, however, that in municipalities operating under a special or private charter which fixes a time for holding elections, other than the time fixed by Chapter 491, Laws of 1950, the first primary election shall be held on the first Tuesday, two (2) months before the time for holding the general election, as fixed by the charter, and the second primary election, where necessary, shall be held three (3) weeks after the first primary election, unless the charter of any such municipality provides otherwise, in which event the provisions of the special or private charter shall prevail as to the time of holding such primary elections.
  3. 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.

HISTORY: Derived from 1972 Code §23-1-63 [Codes, 1906, § 3726; Hemingway’s 1917, § 6417; 1930, § 5905; 1942, § 3152; Laws, 1910, ch. 209; Laws, 1950, ch. 499; Laws, 1952, ch. 379; Laws, 1970, ch. 506, § 18; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 48; Laws, 2017, ch. 441, § 33, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in (1), substituted “April” for May twice, and “fourth Tuesday” for “third Tuesday” in the first sentence, added the second through fifth sentences, and inserted “poll” in the next-to-last sentence; in (2), substituted “on the first Tuesday, two (2) months” for “exactly four (4) weeks” and “three (3) weeks” for “two (2) weeks”; and made minor stylistic changes.

Cross References —

Applicability of provisions of this section to certain special or private charter municipalities, see §23-15-173.

OPINIONS OF THE ATTORNEY GENERAL

Election of individuals to Democratic Municipal Executive Committee in 1986 was not matter of general knowledge among citizenry of Yazoo City, and temporary committee was established; individuals duly elected in 1986 to serve as municipal democratic executive committee had legal authority and responsibility to conduct 1990 municipal democratic primary election. 1990 Miss. Op. Att'y Gen. 100.

Miss. Code Section 23-15-171 which requires that members of municipal party executive committees be elected implies that anyone who wishes to be member of executive committee must declare candidacy for membership; therefore, one who wishes to be candidate for membership on municipal party executive committee must express intention by filing with municipal clerk written statement of intent just as candidates for regular municipal offices are required to do by Miss. Code Section 23-15-309. 1993 Miss. Op. Att'y Gen. 292.

The standard for the payment of rent for the use of a polling place is reasonableness, and municipal governing authorities may consider any factors deemed appropriate in arriving at an amount they deem to be reasonable. 2003 Miss. Op. Att'y Gen. 513.

Where only one person was elected to serve on a municipal party executive committee, it is suggested that the one duly elected member appoint another individual and that they together appoint an additional member and continue in that manner until a full complement of members comprise the committee. 2004 Miss. Op. Att'y Gen. 587.

No authority can be found in state law for a municipal party executive committee to remove one of its members on its own motion. 2005 Miss. Op. Att'y Gen. 409.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-1-63.

1.-5. [Reserved for future use.]

6. Under former Section 23-1-63.

A candidate for municipal office, who withdrew from the party nomination after a second primary resulted in a tie between him and another and a third primary was called in violation of law, and who thereafter presented a petition signed by eighty-eight qualified electors of the town to have his name printed on the official ballot, was entitled to have his name printed on the official ballot as a candidate for the office in the general election, his participation in the first and second primaries being no bar to that course. Omar v. West, 186 Miss. 136, 188 So. 917, 1939 Miss. LEXIS 196 (Miss. 1939).

Where the result of a second primary called by a political party ended in a tie for two candidates for a municipal office the election of one of such candidates after nomination by a third primary was void. Omar v. West, 186 Miss. 136, 188 So. 917, 1939 Miss. LEXIS 196 (Miss. 1939).

§ 23-15-173. General elections; applicability of this section and Section 23-15-171 to certain special or private charter municipalities.

  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.
  3. The provisions of Sections 23-15-171 and 23-15-173, which fix the times to hold primary and general elections, shall not apply to any municipality operating under a special or private charter where the governing board or authority thereof, on or before June 25, 1952, shall have adopted and spread upon its minutes a resolution or ordinance declining to accept the provisions, in which event the primary and general elections shall be held at the time fixed by the charter of the municipality.

HISTORY: Derived from 1972 Code §21-11-7 [Codes, 1930, § 2597; 1942, § 3374-62; Laws, 1922, ch. 219; Laws, 1928, ch. 184; Laws, 1932, ch. 226; Laws, 1936, ch. 281; Laws, 1950, ch. 491 § 62; Laws, 1976, ch. 485, § 11; repealed by Laws, 1986, ch. 495, § 329]; en, Laws, 1986, ch. 495, § 49; Laws, 2017, ch. 441, § 34, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment added (3).

OPINIONS OF THE ATTORNEY GENERAL

The standard for the payment of rent for the use of a polling place is reasonableness, and municipal governing authorities may consider any factors deemed appropriate in arriving at an amount they deem to be reasonable. 2003 Miss. Op. Att'y Gen. 513.

Subarticle B. Other Elections.

§ 23-15-191. Primary elections.

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. The candidate that receives a majority of the votes cast in the election shall be the party nominee. If no candidate receives a majority vote at the election, then the two (2) candidates who receive the highest number of votes shall have their names placed on the ballot for the second primary election to be held three (3) weeks later. The candidate who receives the most votes in the second primary election shall be the party nominee. However, if no candidate receives a majority vote at the first primary, and there is a tie in the election of those receiving the next highest vote, then those candidates receiving the next highest vote and the candidate receiving the highest vote shall have their names placed on the ballot for the second primary election to be held three (3) weeks later, and whoever receives the most votes cast in the second primary election shall be the party nominee.

HISTORY: Derived from 1942 Code § 3109 [Codes, 1906, § 3700; Hemingway’s 1917, § 6391; 1930, § 5868; Laws, 1914, ch. 149; Laws, 1982, ch. 477, § 1; repealed, Laws, 1970, ch. 506, § 33; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 50; Laws, 1989, ch. 506, § 1; Laws, 2017, ch. 441, § 35, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote the section, which read: “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.”

Cross References —

Requirement that a petition contesting the qualifications of a candidate for general election be filed within a certain number of days after the date of the first primary election set forth in this section, see §23-15-963.

OPINIONS OF THE ATTORNEY GENERAL

Where a candidate received more than half of the total votes cast for all three candidates in a primary election, he had a majority of the votes as contemplated by this this section and §23-15-305. 2003 Miss. Op. Att'y Gen. 453.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 223, 224 et seq.

26 Am. Jur. 2d, Elections §§ 180 et seq., 220, 265, 296 et seq.

CJS.

29 C.J.S., Elections §§ 321–323 et seq., 535.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss LJ 535, December 1986.

§ 23-15-193. Officers to be elected at general state election.

At the election in 1995, and every four (4) years thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, three (3) public service commissioners, three (3) Mississippi Transportation Commissioners, Commissioner of Insurance, Commissioner of Agriculture and Commerce, Senators and members of the House of Representatives in the Legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, assessors, surveyors and members of the boards of supervisors, justice court judges and constables, and all other officers to be elected by the people at the general state election. All such officers shall hold their offices for a term of four (4) years, and until their successors are elected and qualified. The state officers shall be elected in the manner prescribed in Section 140 of the Constitution.

HISTORY: Derived from 1972 Code §23-5-93 [Codes, Hutchinson’s 1848, ch. 7, art. 5 (1); 1857, ch. 4, art. 1; 1871, § 357; 1880, § 118; 1892, § 3633; 1906, § 4140; Hemingway’s 1917, § 6774; 1930, § 6210; 1942, § 3238; Laws, 1970, ch. 506, § 23; Laws, 1978, ch. 458, § 16; Laws, 1982, Ex Sess, ch. 17, § 19; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 51; Laws, 1992, ch. 496, § 12, eff from and after July 1, 1992.

Editor’s Notes —

Section7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14, Laws of 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor,” and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear. Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear. Subsequently, Laws of 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Office of Lieutenant Governor generally, see Miss. Const. Art. 5, §§ 128 et seq.

Legislative offices generally, see §5-1-1 et seq.

Office of Governor generally, see §7-1-1 et seq.

Office of Secretary of State generally, see §7-3-1 et seq.

Office of Attorney General generally, see §7-5-1 et seq.

Office of State Treasurer generally, see §7-9-1 et seq.

Chancery clerks generally, see §9-5-131 et seq.

Circuit clerks generally, see §9-7-121 et seq.

Justice court judges generally, see §9-11-2 et seq.

County boards of supervisors generally, see §19-3-1 et seq.

Constables generally, see §19-19-1 et seq.

Sheriffs generally, see §19-25-1 et seq.

Surveyors generally, see §19-27-1 et seq.

Voter registration opportunities required prior to regularly scheduled primary or general elections, see §23-15-37.

Person appointed by Governor to serve as district attorney to fill vacancy until election can be held may practice law privately while serving, see §§25-31-35,25-31-36, and25-31-39.

Assessors generally, see §27-1-1 et seq.

Highway commissioners generally, see §65-1-3.

Commissioner of Agricultural and Commerce generally, see §69-1-3.

Appointment and term of public service commissioners, see §77-1-1.

Commissioner of Insurance generally, see §83-1-3.

OPINIONS OF THE ATTORNEY GENERAL

An incumbent supervisor may continue to serve until such time as a successor is lawfully elected and qualified in accordance with a court ordered special election, assuming that a court has not ordered otherwise. 1999 Miss. Op. Att'y Gen. 698.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 302 et seq.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss LJ 535, December 1986.

§ 23-15-195. Elections to be by ballot in one day.

All elections by the people shall be by ballot, and shall be concluded in one (1) day.

HISTORY: Derived from 1972 Code §23-5-89 [Codes, Hutchinson’s 1848, ch. 7, art 5 (1); 1857, ch. 4, art 1; 1871, § 356; 1880, § 117; 1892, § 3632; 1906, § 4139; Hemingway’s 1917, § 6773; 1930, § 6209; 1942, § 3237; Laws, 1970, ch. 506, § 22; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 52, eff from and after January 1, 1987.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 312, 316-320, 331.

CJS.

29 C.J.S., Elections §§ 434–516.

§ 23-15-197. Times for holding elections.

  1. Times for holding primary and general elections for congressional offices shall be as prescribed in Sections 23-15-1031, 23-15-1033 and 23-15-1041.
  2. Times for holding elections for the office of judge of the Supreme Court shall be as prescribed in Section 23-15-991 and Sections 23-15-974 through 23-15-985, and times for holding elections for the office of judge of the Court of Appeals shall be as prescribed in Section 9-4-5.
  3. Times for holding elections for the office of circuit court judge and the office of chancery court judge shall be as prescribed in Sections 23-15-974 through 23-15-985, and Section 23-15-1015.
  4. Times for holding elections for the office of county election commissioners shall be as prescribed in Section 23-15-213.
  5. Times for holding elections for the office of levee commissioner shall be as prescribed in Chapter 12, Laws of 1928; Chapter 574, Laws of 1968; Chapter 85, Laws of 1930; Chapter 317, Laws of 1983; and Chapter 438, Laws of 2010.

HISTORY: Laws, 1986, ch. 495, § 53; Laws, 1994, ch 564, § 88; Laws, 2017, ch. 441, § 36, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated September 6, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 564, § 88.

Amendment Notes —

The 2017 amendment added “and times for holding…Section 9-4-5” at the end of (2); and added (5).

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 303.

CJS.

29 C.J.S., Elections § 535.

Article 7. Election Officials.

§ 23-15-211. Composition and duties of State Board of Election Commissioners; elections training seminar; certification of seminar participants; compensation of commissioners attending seminar; authorization by Secretary of State of additional training days.

  1. There shall be a State Board of Election Commissioners to consist of the following members:
    1. The Governor, who shall serve as chair;
    2. The Secretary of State, who shall serve as secretary, maintain minutes of all meetings and accept service of process on behalf of the board; and
    3. The Attorney General.

      Any two (2) of the members of the State Board of Election Commissioners may perform the duties required of the board.

  2. The duties of the board shall include, but not be limited to, the following:
    1. Ruling on a candidate’s qualifications to run for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district, and other state district offices;
    2. Approving the state ballot for the offices stated in paragraph (a) of this subsection (2);
    3. Removing the names of candidates from the ballot for failure to comply with campaign finance filing requirements for the offices stated in paragraph (a) of this subsection (2) in previous election cycles; and
    4. Adopting any administrative rules and regulations as are necessary to carry out the statutory duties of the board.
  3. The board of supervisors of each county shall pay members of the county election commission for attending training events a per diem in the amount provided in Section 23-15-153; however, except as otherwise provided in this section, the per diem shall not be paid to an election commissioner for more than twelve (12) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.
  4. Included in this twelve (12) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and chairpersons of each political party executive committee, or their designee, shall be required to attend. An election commissioner shall be certified by the Secretary of State only after attending the annual elections seminar and satisfactorily completing the skills assessment provided for in Section 23-15-213.
  5. Each participant shall receive a certificate from the Secretary of State indicating that the named participant has received the elections training seminar instruction and satisfactorily completed the skills assessment provided for in Section 23-15-213. Election commissioners shall annually file the certificate with the chancery clerk. If any election commissioner shall fail to file the certificate by April 30 of each year, his or her office shall be vacated, absent exigent circumstances as determined by the board of supervisors and consistent with the facts. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Before declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.
  6. The Secretary of State, upon approval of the board of supervisors, may authorize not more than eight (8) additional training days per year for election commissioners in one or more counties. The board of supervisors of each county shall pay members of the county election commission for attending training on these days a per diem in the amount provided in Section 23-15-153.

HISTORY: Derived from 1972 Code §23-5-1 [Codes, 1871, §§ 340 et seq; 1880, § 121; 1892, § 3601; 1906, § 4107; Hemingway’s 1917, § 6741; 1930, § 6176; 1942, § 3204; Laws, 1964, 1st Ex Sess ch. 30; Laws, 1968 ch. 568, § 1; Laws, 1970, ch. 509, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 54; Laws, 1990, ch. 325, § 1; Laws, 2004, ch. 305, § 13; Laws, 2006, ch. 592, § 3; Laws, 2008, ch. 528, § 3; Laws, 2014, ch. 397, § 2; brought forward without change, Laws, 2016, ch. 326, § 3; Laws, 2017, ch. 441, § 37, eff from and after July 1, 2017; brought forward without change, Laws, 2018, ch. 399, § 4, eff from and after July 1, 2018.

Editor’s Notes —

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Help America Vote Act of 2002 Compliance Law.’ ”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 13.

On June 29, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 592, § 3.

On August 7, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 528.

Amendment Notes —

The 2004 amendment substituted “commission” for “commissioners” and made a minor stylistic change in (2); and added (5).

The 2006 amendment, in (2), inserted “except as otherwise provided in this section” preceding “the per diem shall not be paid to an election commissioner for more than”, and substituted “twelve (12) days” for “six (6) days”; substituted “twelve (12) days” for “six (6) days” in (3); added the last four sentences in (4); added (5); and redesignated former (5) as (6).

The 2008 amendment rewrote (1) and added (7).

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (7).

The 2016 amendment brought the section forward without change.

The 2017 amendment rewrote (1), which read: “(1) There shall be: (a) A State Board of Election Commissioners to consist of the Governor, the Secretary of State and the Attorney General, any two (2) of whom may perform the duties required of the board; (b) A board of election commissioners in each county to consist of five (5) persons who are electors in the county in which they are to act; and (c) A registrar in each county who shall be the clerk of the circuit court, unless he shall be shown to be an improper person to register the names of the electors in the county”; added (2) and redesignated the remaining paragraphs accordingly; added the last sentence of (4); in (5), rewrote the first sentence, which read: “Each participant shall receive a certificate from the Secretary of State indicating that the named participant has received the elections training seminar instruction and that each participant is fully qualified to conduct an election,” substituted “election commissioners” for “commissioners of election” in the second and third sentences, and made a gender neutral and minor stylistic change; substituted “election commissioners” for “commissioners of election” in (6); and deleted former (6) and (7), which related to the development of a pollworker training program and computer skills training and computer skills refresher courses.

The 2018 amendment brought the section forward without change.

Cross References —

Office of Governor generally, see §7-1-1 et seq.

Office of Secretary of State generally, see §7-3-1 et seq.

Office of Attorney General generally, see §7-5-1 et seq.

Federal Aspects—

The Help America Vote Act of 2002 is Act of Oct. 29, 2002, P.L. 107-252, formerly appearing as 42 USCS § 15301 et seq., now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 23-15-211 provides for appointment of Municipal Election Commissioners. 1993 Miss. Op. Att'y Gen. 263.

While one of the authorized training events for which commissioners may receive a per diem must be a seminar sponsored by the Secretary of State, other training events may be sponsored by other entities; thus, the Election Commissioners Association of Mississippi can lawfully sponsor one or more training events for its members. 2002 Miss. Op. Att'y Gen. 26.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 83, 84.

CJS.

29 C.J.S., Elections §§ 193, 195–206, 214.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss LJ 535, December 1986.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-1.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-1.

Failure to conform to statutory requirements in the appointment of election commissioners merely makes them de facto officers whose acts do not invalidate an election. Barnes v. Ladner, 241 Miss. 606, 131 So. 2d 458, 1961 Miss. LEXIS 380 (Miss. 1961).

State election commissioners have power, authority, and responsibility to help administer voter registration laws by formulating rules for the various tests applied to applicants for registration, and for the reason that these rules and tests are vitally important elements of Mississippi laws challenged in an action brought by the United States to end discrimination in voter registration, the commissioners should not have been stricken as parties defendants to the action on the ground that they lacked sufficient interest in administering or enforcing the challenged laws. Barnes v. McLeod, 165 Miss. 437, 140 So. 740, 1932 Miss. LEXIS 265 (Miss. 1932).

Suit to enjoin county election commissioners from placing Democratic nominee for county office on official ballots for general election because of fraud in primary election held not within jurisdiction of chancery court. Barnes v. McLeod, 165 Miss. 437, 140 So. 740, 1932 Miss. LEXIS 265 (Miss. 1932).

§ 23-15-211.1. Secretary of State designated Mississippi’s chief election officer; chief election officer to gather certain information regarding elections; annual report on voter participation.

  1. For purposes of the National Voter Registration Act of 1993, the Secretary of State is designated as Mississippi’s chief election officer.
  2. As the chief election officer of the State of Mississippi, the Secretary of State shall have the power and duty to gather sufficient information concerning voting in elections in this state. The Secretary of State shall gather information on voter participation and submit an annual report to the Legislature, the Governor, the Attorney General and the public.

HISTORY: Laws, 2000, ch. 430, § 6; Laws, 2008, ch. 528, § 4, eff August 7, 2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).

Editor’s Notes —

On August 11, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the enactment of this section by Laws of 2000, ch. 430, § 6.

On August 7, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 528.

Amendment Notes —

The 2008 amendment added (2).

Federal Aspects—

National Voter Registration Act of 1993, see 52 U.S.C.S. § 20501 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Statutory requirements applicable to the acquisition of computer equipment and services are also applicable to the acquisition of computer equipment and services necessary to implement a computerized statewide voter registration system under the Help America Vote Act (HAVA). However, acquisitions of computer equipment and services approved by ITS in order to implement a computerized voter registration system under HAVA will also have to be approved by the Secretary of State. 2004 Miss. Op. Att'y Gen. 340.

§ 23-15-212. Repealed.

Repealed by Laws of 2017, ch. 441, § 192, effective July 1, 2017.

§23-15-212. [Laws, 1993, ch. 528, § 1, eff from and after August 16, 1993 (the date the United States Attorney General interposed no objection to the addition of this section).]

Editor’s Notes —

Former §23-15-212 created a study committee to conduct a study to determine how registrars, election commissioners, executive committee members and poll workers can be better trained in the conduct of elections.

§ 23-15-213. Election of county election commissioners.

[Until December 31, 2022, this section shall read as follows:]

  1. At the general election in 2020, there shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
  2. The qualified electors of each supervisors district shall elect, at the general election in 2020, in their district one (1) election commissioner. The election commissioners from board of supervisors’ Districts One, Three and Five shall serve for a term of four (4) years. The election commissioners from board of supervisors’ Districts Two and Four shall serve for a term of three (3) years. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
  3. Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
  4. The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
  5. Upon taking office, the county election commissioners shall organize by electing a chair and a secretary.
  6. It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.

HISTORY: Derived from 1972 Code §§23-5-3 [Codes, 1871, §§ 340 et seq; 1880, § 121; 1892, § 3602; 1906, § 4108; Hemingway’s 1917, § 6742; 1930, § 6177; 1942, § 3205; Laws, 1968, ch. 568, § 2; Laws, 1978, ch. 431, § 1; Laws, 1979, ch. 359, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 55; Laws, 2000, ch. 592, § 2; Laws, 2009, ch. 437, § 1; Laws, 2017, ch. 441, § 38, eff from and after July 1, 2017; Laws, 2018, ch. 399, § 1, eff from and after July 1, 2018.

Editor’s Notes —

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

By letter dated August 4, 2009, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws, 2009, ch. 437, § 1.

There is an error in this section as it was amended by § 38 of Chapter 441. The act set the section out in two tiers, one effective until January 1, 2028, and the other effective from and after January 1, 2032, leaving a gap between January 1, 2028, and January 1, 2032. The error was corrected by Laws of 2018, ch. 399, § 1.

Amendment Notes —

The 2000 amendment inserted “by 5:00 p.m.” in the third paragraph.

The 2009 amendment rewrote the third and fourth paragraphs.

The 2017 amendment provided for two versions of this section; in the version effective until January 1, 2028, designated the formerly undesignated paragraphs (1) through (6), in (1), substituted “election in 2020” for “election in 1984,” and “election commissioners” for “commissioners of election,” divided the former second sentence into the present second and third sentences, in the second sentence, inserted “shall be required to...complete a skills assessment and,” in the third sentence, inserted “shall be filed” and deleted “there to remain” from the end, and added the fourth sentence, in (2), rewrote the first sentence, which read: “The qualified electors of each supervisors district shall elect, at the general election in 1984 and every four (4) years thereafter, in their district one (1) commissioner of election” and added the second and third sentences, inserted “county” near the beginning of (4), substituted “election commissioners” for “commissioners of election” in (5), and made gender neutral and minor stylistic changes throughout; and added the version of the section effective from and after January 1, 2032.

The 2018 amendment, in the first version, substituted “December 31, 2022” for “January 1, 2028” in the bracketed effective date language, in the first sentence of (1), deleted “and every four (4) years thereafter” following “election in 2020” and deleted “and who shall serve for a term of four (4) years” from the end, and in the third sentence of (2), substituted “term of three (3) years” for “term of six (6) years”; in the second version, substituted “January 1, 2023” for “January 1, 2032” in the bracketed effective date language, and in (2), substituted “election in 2024” for “election in 2032” in (a) and “election in 2023” for “election in 2034” in (b).

Cross References —

Provision that times for holding elections for the office of county election commissioner shall be as prescribed in this section, see §23-15-197.

Procedures for contesting the qualifications of a person who has qualified pursuant to the provisions of this section as a candidate for any office elected at a general election, see §23-15-963.

OPINIONS OF THE ATTORNEY GENERAL

Where Court ruled that county-wide elections for post of Election Commissioners for Simpson County were enjoined, appropriate officials must proceed to fill vacancy on Simpson County Election Commission due to death of previous Election Commissioner, provided that this would be acceptable to U.S. District Court for Southern District of Mississippi which retains jurisdiction over issue of how elections for election commissioners shall be conducted. 1990 Miss. Op. Att'y Gen. 553.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 85.

CJS.

29 C.J.S., Elections §§ 207–214.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-3.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-3.

Failure to conform to statutory requirements in the appointment of election commissioners merely makes them de facto officers whose acts do not invalidate an election. Barnes v. Ladner, 241 Miss. 606, 131 So. 2d 458, 1961 Miss. LEXIS 380 (Miss. 1961).

Each of the three commissioners is under duty to report and present to the commissioners as a body all petitions which have been duly presented to him. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

Power to determine whose name is entitled to appear upon the ballot is vested not in the ballot commissioner alone but in the commissioners as a body. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

§ 23-15-213. Election of county election commissioners.

[From and after January 1, 2023, this section shall read as follows:]

  1. There shall be elected five (5) election commissioners for each county whose terms of office shall commence on the first Monday of January following their election and who shall serve for a term of four (4) years. Each of the commissioners shall be required to attend a training seminar provided by the Secretary of State and satisfactorily complete a skills assessment, and before acting, shall take and subscribe the oath of office prescribed by the Constitution. The oath shall be filed in the office of the clerk of the chancery court. Upon filing the oath of office, the election commissioner may be provided access to the Statewide Elections Management System for the purpose of performing his or her duties. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such.
    1. At the general election in 2024 and every four (4) years thereafter, the qualified electors of the board of supervisors’ Districts One, Three and Five shall elect in their district one (1) election commissioner.
    2. At the general election in 2023 and every four (4) years thereafter, the qualified electors of the board of supervisors’ Districts Two and Four shall elect in their district one (1) election commissioner.
    3. No more than one (1) commissioner shall be a resident of and reside in each supervisors district of the county; it being the purpose of this section that the county board of election commissioners shall consist of one (1) person from each supervisors district of the county and that each commissioner be elected from the supervisors district in which he or she resides.
  2. Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.
  3. The petition shall have attached thereto a certificate of the county registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request. The board shall determine the sufficiency of the petition, and if the petition contains the required number of signatures and is filed within the time required, the president of the board shall verify that the candidate is a resident of the supervisors district in which he or she seeks election and that the candidate is otherwise qualified as provided by law, and shall certify that the candidate is qualified to the chair or secretary of the county election commission and the names of the candidates shall be placed upon the ballot for the ensuing election. No county election commissioner shall serve or be considered as elected until he or she has received a majority of the votes cast for the position or post for which he or she is a candidate. If a majority vote is not received in the first election, then the two (2) candidates receiving the most votes for each position or post shall be placed upon the ballot for a second election to be held three (3) weeks later in accordance with appropriate procedures followed in other elections involving runoff candidates.
  4. In the first meeting in January of each year, the county election commissioners shall organize by electing a chair and a secretary, who shall serve a one (1) year term. The county election commissioners shall provide the names of the chair and secretary to the Secretary of State and provide notice of any change in officers which may occur during the year.
  5. It shall be the duty of the chair to have the official ballot printed and distributed at each general or special election.

HISTORY: Derived from 1972 Code §§23-5-3 [Codes, 1871, §§ 340 et seq; 1880, § 121; 1892, § 3602; 1906, § 4108; Hemingway’s 1917, § 6742; 1930, § 6177; 1942, § 3205; Laws, 1968, ch. 568, § 2; Laws, 1978, ch. 431, § 1; Laws, 1979, ch. 359, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 55; Laws, 2000, ch. 592, § 2; Laws, 2009, ch. 437, § 1; Laws, 2017, ch. 441, § 38, eff from and after July 1, 2017; Laws, 2018, ch. 399, § 1; Laws, 2018, ch. 399, § 1, eff from and after January 7, 2018.

§ 23-15-215. Performance by board of supervisors of election commissioners’ duties.

If there shall not be election commissioners in any county, or if they fail to act, the duties prescribed for them shall be performed by the board of supervisors. In such case, the president of the board is charged with the duty of having the official ballot printed and distributed; and the poll managers shall make returns to the board, which shall canvass the returns, give certificates of election, and make report to the Secretary of State, in like manner as the election commissioners are required to do.

HISTORY: Derived from 1972 Code §§23-5-177 [Codes, 1880, § 132, 1892, § 3642; 1906, § 4149; Hemingway’s 1917, § 6783; 1930, § 6254; 1942, § 3283; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 56; Laws, 2017, ch. 441, § 39, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election” twice; and substituted “poll managers” for “managers of election.”

Cross References —

Provision that in cases involving a contest of an election of a county election commissioner the duties of the commission in connection with such contest shall be performed by the board of supervisors as provided in this section, see §23-15-217.

OPINIONS OF THE ATTORNEY GENERAL

As long as the election commission performs its statutory duties, nothing can be found that gives board of supervisors any authority regarding the day-to-day operation of the commission. 2006 Miss. Op. Att'y Gen. 620.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 85, 90, 91.

§ 23-15-217. County election commissioner authorized to be candidate for other office; resignation from office; duties and powers of board of supervisors where election of county election commissioner is contested.

  1. An election commissioner of any county may be a candidate for any other office at any election held or to be held during the four-year term for which he or she has been elected to the office of election commissioner; provided that he or she has resigned from the office of election commissioner before he or she files to qualify for the office that he or she desires to seek. The clerk for the board of supervisors must have actually received the resignation for it to be deemed submitted.
  2. In any case involving the election of a county election commissioner wherein there is a contest of any nature, including, but not limited to, the right of any person to vote or the counting of any challenge ballot, all the duties and powers of the commission in connection with the contest shall be performed by the board of supervisors, as is contemplated by Section 23-15-215 in cases where there are no election commissioners in the county.

HISTORY: Derived from 1972 Code §§23-5-95 [Codes, 1871, § 342; 1880, § 122; 1892, § 3634; 1906, § 4141; Hemingway’s 1917, § 6775; 1930, § 6213; 1942, § 3242; Laws, 1968, ch. 568, § 3; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 57; Laws, 1989, ch. 483, § 1; Laws, 1991, ch. 613, § 1; Laws, 2003, ch. 447, § 1; Laws, 2013, ch. 474, § 1; Laws, 2017, ch. 441, § 40, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General interposed no objection to the amendment by Laws of 1989, ch. 483, § 1.

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1991, ch. 613, § 1, on August 14, 1991.

The United States Attorney General, by letter dated June 9, 2003, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2003, ch. 447, § 1.

The effective date of Chapter 474, Laws of 2013, which amended this section, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 474, Laws of 2013, to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated July 18, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 474 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 474, so Chapter 474 became effective from and after July 18, 2013, the date of the United States Attorney General’s response letter.

Amendment Notes —

The 2003 amendment added the last sentence in (1).

The 2013 amendment in (1), substituted “he or she” for “he” three times and substituted “he or she qualifies for the office which he or she desires to seek” for “January 1 of the year in which he desires to seek the office. However, a commissioner of election of any county may be a candidate in a special election to fill a vacancy in any other office, provided he resigns as election commissioner within ten (10) days after the issuance of the notice of a special election by the appropriate authorities.”

The 2017 amendment, in (1), in the first sentence, substituted “election commissioners” for “commissioners of election” twice, deleted “or with reference to which he or she has acted as such” preceding “provided that he or she,” and substituted “files to qualify” for “qualifies,” and added the last sentence; substituted “election commissioners” for “commissioners of election” in (2); and made minor stylistic changes.

Cross References —

Inapplicability of this section to members of the county executive committee who seek elective office, see §23-15-263.

OPINIONS OF THE ATTORNEY GENERAL

A municipal election commissioner may seek an elective municipal office provided he resigns as commissioner before January 1 of the year he desires to seek said elective office. 1991 Miss. Op. Att'y Gen. 907.

Municipal election commissioner may seek elective municipal office, provided he resigns as commissioner before January 1 of the year he desires to seek said office. 1992 Miss. Op. Att'y Gen. 74.

Election commissioner is not prohibited from performing his or her statutory duties when commissioner’s spouse is candidate, and election commissioner whose spouse is candidate would not be prevented from participating with other commissioners in carrying out commission’s statutory responsibilities in connection with elections. 1992 Miss. Op. Att'y Gen. 853.

Election commissioner must recuse him- or herself from participation in any such decisions that must be made with respect to the election of a commissioner in commissioner’s supervisor district when he or she is candidate for re-election; if remaining commissioners are evenly divided on whether or not particular affidavit ballot should be counted, board of supervisors would have to make ruling. 1992 Miss. Op. Att'y Gen. 899.

The resignation of an election commissioner must be given to the board of supervisors prior to January 1, 1999, in order for the commissioner to be eligible to seek an elected office other than election commissioner during 1999. 1998 Miss. Op. Att'y Gen. 750.

The failure of a person appointed to the position of municipal election commissioner to take the oath of office results in the failure of that person to become fully qualified to assume the position, thus creating a vacancy; there was no need for the person to submit a letter of resignation. 2005 Miss. Op. Att'y Gen. 126.

RESEARCH REFERENCES

ALR.

State court jurisdiction over contest involving primary election for member of Congress. 68 A.L.R.2d 1320.

Constitutionality of candidate participation provisions for primary elections. 121 A.L.R.5th 1.

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 2 (petition alleging improper election of election officers).

Law Reviews.

1987 Mississippi Supreme Court Review, Professional responsibility. 57 Miss. L. J. 433, August, 1987.

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former §23-5-95.

1. In general.

A county election commissioner was disqualified to run for the municipal office of mayor pursuant to §23-15-217 because of her membership on the election commission. Stringer v. Lucas, 608 So. 2d 1351, 1992 Miss. LEXIS 657 (Miss. 1992).

Where a candidate for mayor was disqualified under §23-15-217, a special election was warranted where over 40 percent of the votes cast were illegal and enough illegal votes were cast to change the ultimate results of the election. Stringer v. Lucas, 608 So. 2d 1351, 1992 Miss. LEXIS 657 (Miss. 1992).

Board of Supervisors’ involvement in the redistricting process of a county was permissible where the Board of Supervisors assisted the election commissioners with information in order to comply with a federal court redistricting order in time to hold primaries, the evidence demonstrated that it was the Election Commission which made the decisions as to the redistricting pursuant to the statutory requirements of §23-15-127, and the Board of Supervisors’ participation was limited to supplying information. Pearson v. Parsons, 541 So. 2d 447, 1989 Miss. LEXIS 143 (Miss. 1989).

Section23-15-263, which provides in part that “the county executive committee at primary elections shall discharge the functions imposed on the county election commissioners . . . and shall be subject to all the penalties to which all county election commissioners are subject,” incorporates the prohibitions of §23-15-217, which provides in part that “a commissioner of election of any county shall not be a candidate for any office at any election for which he may have been elected or with reference with which he as acted as such,” and both sections were enacted to maintain and preserve the integrity of elections and ballot boxes. Thus, a county executive committee member was prohibited from being a candidate in an election which was conducted while he was a member. Breland v. Mallett, 527 So. 2d 629, 1988 Miss. LEXIS 221 (Miss. 1988).

Access to candidacy is not fundamental right and §23-15-217 places no special burdens on minority parties or independent candidates; state has legitimate interest in preventing election commissioner from seeking another office while he has control of electors that shall vote for all candidates, where there would be potential for mischief were elections commissioner allowed effective control over registration and poll books, for 2 years, for example, then allowed to resign and seek another elective office. Meeks v. Tallahatchie County, 513 So. 2d 563, 1987 Miss. LEXIS 2856 (Miss. 1987).

Section 23-15-217 is not unconstitutionally void for vagueness because ordinary person of common intelligence upon reading it could understand what was allowed and what was not; statute provides two disqualifications upon county election commissioner offering himself as candidate for office: the first, no person holding office of elections commissioner may be candidate for election to any other office at any election held or to be held during 4 year term for which that person has been elected to serve as elections commissioner; second, commissioner may not be candidate for any other office in any election with respect to which he has taken any action in his official capacity; exception to both disqualifications is that incumbent election commissioner may be candidate for re-election. Meeks v. Tallahatchie County, 513 So. 2d 563, 1987 Miss. LEXIS 2856 (Miss. 1987).

Election commissioner was disqualified by statute as candidate for Justice Court Judge in 1987 election, or for any other office, except election commissioner, in any other election to be held during 4 year term which began January, 1985, notwithstanding that as election commissioner he may have in fact done nothing toward preparation for and conduct of 1987 elections; previous opinions of Attorney General to effect that elections commissioner could be candidate for other offices during term for which he was either appointed or elected, so long as he resigned as elections commissioner prior to taking any action with reference to election in which he sought to be candidate, was erroneous; however, construction of statute prohibiting such action would have no effect upon any election held prior to January 1, 1988, with exception of candidate in instant case. Meeks v. Tallahatchie County, 513 So. 2d 563, 1987 Miss. LEXIS 2856 (Miss. 1987).

2.-5. [Reserved for future use.]

6. Under former § 23-5-95.

Under statute prohibiting commissioner of election from becoming candidate for office, election of member of board of commissioners of levee district held not invalid because member had previously been appointed election commissioner where he took no oath of office or active part in proceeding of election commission and resigned as election commissioner on being informed that petition for his candidacy could not be allowed while he remained member of election commission, and where there was no other candidate whose rights might have been affected by member’s action. State ex rel. District Attorney v. Jones, 177 Miss. 598, 171 So. 678, 1937 Miss. LEXIS 141 (Miss. 1937), overruled, Meeks v. Tallahatchie County, 513 So. 2d 563, 1987 Miss. LEXIS 2856 (Miss. 1987).

§ 23-15-219. Employment by board of election commissioners of investigators, legal counsel and others.

  1. The board of election commissioners is hereby authorized and empowered to employ and set or determine the duties of and determine the compensation of such investigators, legal counsel, secretaries, technical advisors and any other employees or persons who or which the board or a majority thereof may deem necessary to enable them to discharge the duties and obligations presently or hereafter vested in them. However, before employing such persons or setting or determining the compensation, the election commissioners must first have the approval of the board of supervisors of the county.
  2. The board of supervisors of the county is authorized and empowered to pay out of the general fund of the county the salaries and necessary traveling and subsistence expenses of the employees of the board of election commissioners in such amounts as may be mutually agreed upon by the board of supervisors and board of election commissioners, but which shall be computed on the same basis allowed to state employees when traveling on state business. All expense accounts of the employees of the board of election commissioners shall be approved by the board of election commissioners and the board of supervisors or, in the discretion of each of the boards, by one (1) of the members of each of the boards duly authorized by the respective boards to approve or disapprove the subsistence, traveling and mileage expense accounts.
  3. Nothing in this section shall be construed to prohibit a person who holds the office of election commissioner from being employed and receiving compensation pursuant to this section.Any compensation which such a person may receive from his or her employment pursuant to this section shall be in addition to any compensation that person may receive in performing his or her duties as an election commissioner.

HISTORY: Derived from 1972 Code §23-5-97 [Codes, 1942, § 3242.5; Laws, 1966, Ex Sess, ch. 33, §§ 1, 2; Laws, 1983, ch. 363; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 58; Laws, 2017, ch. 441, § 41, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “election” preceding “commissioners” the first time it appears in (2); substituted “election commissioner” for “commissioner of election” twice in (3); and made gender neutral and minor stylistic changes.

OPINIONS OF THE ATTORNEY GENERAL

The statute specifically authorizes the election commission, with the approval of the board of supervisors, to employ and compensate its members to perform work that enables the commission to carry out its own duties. Wright-1998 Miss. Op. Att'y Gen. 548.

Because the employment of a hearing officer by the county election commission to preside over an election contest convened under §23-15-963 (1) did not have the statutorily required approval of the County Board of Supervisors, no compensation would be authorized. 2003 Miss. Op. Att'y Gen. 554.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 90, 91.

CJS.

29 C.J.S., Elections §§ 195, 214.

§ 23-15-221. Appointment and duties of municipal election commissioners; election by municipality to abolish municipal election commissioners in the municipality’s county; municipal election commissioners’ duties assumed by county election commissioners.

  1. The governing authorities of municipalities having a population of less than twenty thousand (20,000) inhabitants according to the last federal decennial census shall appoint three (3) election commissioners; the governing authorities of municipalities having a population of twenty thousand (20,000) inhabitants or more and less than one hundred thousand (100,000) inhabitants according to the last federal decennial census shall appoint five (5) election commissioners; and the governing authorities of municipalities having a population of one hundred thousand (100,000) or more according to the last federal decennial census shall appoint seven (7) election commissioners. The municipal election commissioners, in conjunction with the municipal clerk, shall perform all the duties in respect to the municipal election prescribed by law to be performed by the county election commissioners where not otherwise provided. The election commissioners shall, in case there be but one (1) election precinct in the municipality, act as poll managers themselves.
  2. The city council or board of aldermen or other governing authority of any municipality desiring to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners shall adopt an ordinance declaring its intention to enter into an agreement with the municipality’s county to have the county election commissioners conduct municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. If the municipality is located in more than one (1) county, the municipality shall choose which county it wants to conduct its elections and other duties of its municipal election commissioners and enter into an agreement with that county to have that county’s election commissioners conduct the municipal elections and other functions that are performed by municipal election commissioners for the benefit of the efficiency and conformity of elections, to be effective on and after a date fixed in the ordinance which must be at least thirty (30) days after the ordinance is adopted and on the first day of a month. A certified copy of this ordinance shall be immediately forwarded to the Chair of the State Board of Election Commissioners. The municipal authorities shall have a copy of the ordinance published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the municipality and having a general circulation therein. The first publication shall be not less than twenty-eight (28) days before the effective date fixed in the ordinance, and the last publication shall be made not less than seven (7) days before such date. If no newspaper is published in the municipality, then notice shall be given by publishing the ordinance for the required time in some newspaper published in the same or an adjoining county having a general circulation in the municipality. A copy of the ordinance shall also be posted at three (3) public places in the municipality for a period of at least twenty-one (21) days during the time of its publication in a newspaper. The publication of the ordinance may be made as provided in Section 21-17-19. Proof of publication must also be furnished to the Chair of the State Board of Election Commissioners.
  3. If a city council or board of aldermen or other governing authority of any municipality adopts an ordinance to abolish municipal election commissioners in the municipality’s county and authorize county election commissioners to conduct the municipal election commissioners’ duties, the county election commissioners shall conduct all of the duties of the municipal election commissioners including, but not limited to:
    1. Canvass the results of bond elections in a municipality;
    2. Canvass the returns of special and general elections for mayor and councilmen and within five (5) days after any special or general election, deliver to each person receiving the highest number of votes a certificate of election;
    3. Certify to the Secretary of State the name or names of the person or persons elected at special and general elections within ten (10) days after any special or general election;
    4. Revise the primary pollbooks for municipalities at the time and in the manner and in accordance with the laws now fixed and in force for revising pollbooks, except they shall not remove from the pollbook any person who is qualified to participate in primary elections;
    5. Print the pollbooks that are to be used in municipal elections;
    6. Print and distribute the “official ballots”;
    7. Perform the duties of poll managers in the event there is only one (1) election precinct in the municipality;
    8. Perform any of the duties required of the municipal executive committee pursuant to Section 23-15-239 if the municipal executive committee has entered into a written agreement with the municipal clerk or the municipal or county election commission that gives such authorization;
    9. Determine whether each party 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, whether each candidate either meets all other qualifications to hold the office he or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office, and 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;
    10. 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 paragraph (i) of this subsection (3);
    11. Canvass the returns for municipal elections received from all voting precincts and within ten (10) days after the election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear that any two (2) or more of the candidates receiving the highest number of votes shall have received an equal number of votes, the election shall be decided by the toss of a coin or by lot, fairly and publicly drawn by the election commissioners;
    12. Transmit the statement provided in Section 23-15-611 to the Secretary of State certifying the name or names of the person or persons elected at municipal elections, and such person or persons shall be issued commissions by the Governor;
    13. Receiving the filed document by any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361 as a candidate for municipal office elected on the date designated by law for regular municipal elections that specifically sets forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309; and
    14. Perform all other duties with respect to the municipal election prescribed by law.
  4. If the city council or board of aldermen or other governing authority of any municipality does not desire to avail itself of the provisions of the Mississippi Election Code regarding the duties of municipal election commissioners, then nothing in this section shall be construed in any way to affect, alter or modify the existence of those municipal election commissioners now operating under the laws relating to municipal election commissioners provided in the Mississippi Code of 1972. Those municipalities shall continue to enjoy the form of election commissions and the conduct of the respective elections that are now enjoyed by them, and each shall possess all rights, powers, privileges and immunities granted and conferred under the laws relating to municipal election commissioners provided in the Mississippi Code of 1972.

HISTORY: Derived from 1972 Code §23-11-13 [Codes, 1942, § 3203-105; Laws, 1972, ch. 490, § 105; Repealed by Laws, 1986, ch. 490, § 345]; En, Laws, 1986, ch. 495, § 59; Laws, 2017, ch. 441, § 42, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in (1), divided the former first sentence into the present first and second sentences by deleting “one (1) of whom, in each municipality, shall be designated to have printed and distributed the ‘official ballots,’ and all of whom” from the end of the first sentence and adding “The municipal election commissioners, in conjunction with the municipal clerk” to the beginning of the second sentence, substituted “poll managers” for “election managers” in the last sentence, and made minor stylistic changes; and added (2) through (4).

OPINIONS OF THE ATTORNEY GENERAL

There is no specific prohibition against a county executive committee member from serving as a municipal election commissioner, but it would give the appearance of impropriety for a municipal election commissioner to be identified with a particulars group of nominees. 1998 Miss. Op. Att'y Gen. 803.

The statute contains no provision expressly stating that it is applicable to special or private charter municipalities and, therefore, a city charter provision specifying the number of election commissioners controlled over the statute. Artman, Jr., 2001 Miss. Op. Att'y Gen. 177.

A county or municipal election commission may enter a written agreement with a county or municipal party executive committee to perform various duties in connection with a primary election such as training poll workers, appointing poll workers, distributing ballot boxes, having ballots printed, distributing ballots, and receiving and canvassing election returns; however, there is no authority that would allow a county election commission to conduct a municipal election. 2002 Miss. Op. Att'y Gen. 535.

If the increased revenue in a school district’s budget was derived solely from the expansion of its ad valorem tax base, there was no violation of subsection (1) of this section; however, an amount is referenced in the ad valorem tax request worksheet as a “new program” was not derived solely from the expansion of the district’s ad valorem tax base and, therefore, this increase in dollars must be advertised and the failure to do so requires exclusion of this amount when setting the millage rate to fund the school board’s budget. 2002 Miss. Op. Att'y Gen. 536.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 85, 90, 91.

CJS.

29 C.J.S., Elections §§ 207–214.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 21-11-13.

1.-5. [Reserved for future use.]

6. Under former Section 21-11-13.

Marking of ballots by writing in name of ineligible candidate held not “distinguishing mark” which avoided entire ballot, where voters made honest effort to vote for such candidate, and not to indicate who voted ballots; hence ballots were improperly rejected as to candidates properly on ballots. Wylie v. Cade, 174 Miss. 426, 164 So. 579, 1935 Miss. LEXIS 82 (Miss. 1935).

Municipal election contests are governed by statute relating to election of county officers. Hutson v. Miller, 148 Miss. 783, 114 So. 820, 1927 Miss. LEXIS 88 (Miss. 1927).

The election commissioners appointed by the mayor and board of aldermen, where it does not appear that the municipality contained more than one election precinct, are presumed to be managers of the election. State ex rel. Attorney Gen. v. Ratliff, 108 Miss. 242, 66 So. 538, 1914 Miss. LEXIS 195 (Miss. 1914).

Election contest for office of mayor of city operating under Code chapter was properly brought under this section. Shines v. Hamilton, 87 Miss. 384, 39 So. 1008, 1905 Miss. LEXIS 152 (Miss. 1905).

Where a charter of a municipality provides that the mayor and aldermen shall appoint election commissioners to perform all the duties in respect to municipal elections prescribed by law, to be performed by the county election commissioners where applicable, and after the close of the polls to ascertain the results in the presence of the mayor and at least one alderman who with the commissioners shall certify the returns, the duty of the mayor to certify the returns is ministerial and he may be compelled to do so by mandamus. Bourgeois v. Fairchild, 81 Miss. 708, 33 So. 495, 1902 Miss. LEXIS 191 (Miss. 1902).

§ 23-15-223. County registrar shall be circuit court clerk unless found improper; appointment of deputy registrars; liability of registrar for malfeasance or nonfeasance of deputy registrar; computer skills training course.

  1. The State Board of Election Commissioners, on or before the fifteenth day of February succeeding each general election, shall appoint in the several counties registrars of elections, who shall hold office for four (4) years and until their successors shall be duly qualified. The county registrar shall be the clerk of the circuit court, unless the State Board of Election Commissioners finds the circuit clerk to be an improper person to register the names of the electors in the county. The State Board of Election Commissioners shall draft rules and regulations to provide for notice and hearing before removal of the circuit clerk, if notice and a hearing is practicable under the circumstances.
  2. The county registrar is empowered to appoint deputy registrars, with the consent of the board of election commissioners, who may discharge the duties of the registrar.

    The clerk of every municipality shall be appointed as such a deputy registrar, as contemplated by the National Voter Registration Act (NVRA).

  3. The county registrar shall not be held liable for any malfeasance or nonfeasance in office by any deputy registrar who is a deputy registrar by virtue of his or her office.
  4. The Secretary of State, in conjunction with the State Board of Community and Junior Colleges, has developed and made available online a computer skills training course for all newly appointed registrars that shall be completed within one hundred eighty (180) days of the commencement of their term of office.

HISTORY: Derived from 1972 Code §23-5-7 [Codes, 1892, § 3603; 1906, § 4109; Hemingway’s 1917, § 6743; 1930, § 6178; 1942, § 3206; Laws, 1900, ch. 75; Laws, 1984, ch. 460, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 60; Laws, 1988, ch. 350, § 4; Laws, 2009, ch. 400, § 1; Laws, 2017, ch. 441, § 43, eff from and after July 1, 2017.

Editor’s Notes —

By letter dated July 28, 2009, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws, 2009, ch. 400, § 1.

Amendment Notes —

The 2009 amendment added “as contemplated by the National Voter Registration Act (NVRA)” at the end of the second paragraph.

The 2017 amendment designated the first sentence of the former undesignated first paragraph (1), and added the last two sentences; designated the second sentence of the former undesignated first paragraph as the first paragraph of (2), and therein inserted “county”; designated the former undesignated second paragraph as the second paragraph of (2); designated the former undesignated third paragraph (3), and therein substituted “registrar shall not” for “registrar may not”; added (4); and made a gender neutral change.

Federal Aspects—

National Voter Registration Act (NVRA) is codified as 52 USCS §§ 20501 et seq.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 175, 177, 183-185.

CJS.

29 C.J.S., Elections § 64.

JUDICIAL DECISIONS

1. In general.

Based on totality of circumstances, proof showed by preponderance of evidence that Mississippi’s dual registration requirement and statutory prohibition on removing voter registration books from circuit clerk’s office resulted in denial or abridgement of right of black citizens in Mississippi to vote and participate in electorial process. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Circuit clerks are qualified to and capable of determining, where necessity dictates and persons present themselves for deputization, which volunteers should be deputized. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Deputizing all municipal clerks would significantly increase available registration sites to those individuals living in small municipalities which are often distant from most populous areas of county, and there is no legitimate or compelling state interest served by failure to deputize all municipal clerks as deputy registrars. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

Plaintiffs who showed that challenged statutes either impinged upon their protected rights to register to vote or burdened organizational efforts to assist prospective voters in registering had standing to sue to challenge Mississippi’s dual registration requirement and prohibition on satellite registration as violative of their rights and all persons similarly situated. Mississippi State Chapter, Operation Push v. Allain, 674 F. Supp. 1245, 1987 U.S. Dist. LEXIS 10925 (N.D. Miss. 1987).

§ 23-15-225. Compensation of registrars.

  1. The registrar shall be entitled to such compensation, payable monthly out of the county treasury, which the board of supervisors of the county shall allow on an annual basis in the following amounts:
    1. For counties with a total population of more than two hundred thousand (200,000), an amount not to exceed Twenty-nine Thousand Nine Hundred Dollars ($29,900.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
    2. For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), an amount not to exceed Twenty-five Thousand Three Hundred Dollars ($25,300.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
    3. For counties with a total population of more than fifty thousand (50,000) and not more than one hundred thousand (100,000), an amount not to exceed Twenty-three Thousand Dollars ($23,000.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
    4. For counties with a total population of more than thirty-five thousand (35,000) and not more than fifty thousand (50,000), an amount not to exceed Twenty Thousand Seven Hundred Dollars ($20,700.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
    5. For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-five thousand (35,000), an amount not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
    6. For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), an amount not to exceed Sixteen Thousand One Hundred Dollars ($16,100.00), but not less than Nine Thousand Two Hundred Dollars ($9,200.00).
    7. For counties with a total population of more than ten thousand (10,000) and not more than fifteen thousand (15,000), an amount not to exceed Thirteen Thousand Eight Hundred Dollars ($13,800.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
    8. For counties with a total population of more than six thousand (6,000) and not more than ten thousand (10,000), an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00), but not less than Eight Thousand Fifty Dollars ($8,050.00).
    9. For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) but not less than Six Thousand Three Hundred Twenty-five Dollars ($6,325.00).
    10. For counties having two (2) judicial districts, the board of supervisors of the county may allow, in addition to the sums prescribed herein, in its discretion, an amount not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00).
  2. In the event of a reregistration within such county, or a redistricting that necessitates the hiring of additional deputy registrars, the board of supervisors, in its discretion, may by contract compensate the county registrar amounts in addition to the sums prescribed herein.
  3. As compensation for their services in assisting the county election commissioners in performance of their duties in the revision of the voter roll as electronically maintained by the Statewide Elections Management System and in assisting the election commissioners, executive committees or boards of supervisors in connection with any election, the registrar shall receive the same daily per diem and limitation on meeting days as provided for the board of election commissioners as set out in Sections 23-15-153 and 23-15-227 to be paid from the general fund of the county.
  4. In any case where an amount has been allowed by the board of supervisors pursuant to this section, such amount shall not be reduced or terminated during the term for which the registrar was elected.
  5. The circuit clerk shall, in addition to any other compensation provided for by law, be entitled to receive as compensation from the board of supervisors the amount of Two Thousand Five Hundred Dollars ($2,500.00) per year. This payment shall be for the performance of his or her duties in regard to the conduct of elections and the performance of his or her other duties.
  6. The municipal clerk shall, in addition to any other compensation for performance of duties, be eligible to receive as compensation from the municipality’s governing authorities a reasonable amount of additional compensation for reimbursement of costs and for additional duties associated with mail-in registration of voters.
  7. The board of supervisors shall not allow any additional compensation authorized under this section for services as county registrar to any circuit clerk who is receiving fees as compensation for his or her services equal to the limitation on compensation prescribed in Section 9-1-43.

HISTORY: Derived from 1972 Code §23-5-53 [Codes, 1880, § 116; 1892, § 3622; 1906, § 4129; Hemingway’s 1917, § 6763; 1930, § 6195; 1942, § 3223; Laws, 1964, ch. 510, § 1; Laws, 1977, ch. 335; Laws, 1981, ch. 500, § 1; Laws, 1983, ch. 519; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 61; Laws, 1991, ch. 440, § 6; Laws, 1997, ch. 570, § 7; Laws, 2008, ch. 473, § 2; brought forward without change, Laws, 2016, ch. 326, § 4; Laws, 2017, ch. 441, § 44, eff from and after July 1, 2017; brought forward without change, Laws, 2018, ch. 399, § 5, eff from and after July 1, 2018.

Editor’s Notes —

The United States Attorney General, by letter dated July 30, 1992, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1991, ch. 440, § 6.

Laws of 1997, ch. 570, § 14, provides as follows:

“SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or October 1, 1997, whichever occurs later.”

The United States Attorney General, by letter dated September 5, 1997, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1997, ch. 570, § 7.

Laws of 2008, ch. 473, § 4 provides:

“SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2008, whichever occurs later.”

On July 31, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 473.

Amendment Notes —

The 2008 amendment substituted “Two Thousand Five Hundred Dollars ($2,500.00) per year” for “Two Thousand Dollars ($2,000.00) per year” in (5).

The 2016 amendment brought the section forward without change.

The 2017 amendment, in (2), deleted “in its discretion” from the end and inserted it following “board of supervisors”; substituted “voter roll as electronically maintained by the Statewide Elections Management System” for “registration books and the pollbooks of the several voting precincts of the several counties” in (3); and made gender neutral and minor stylistic changes.

The 2018 amendment brought the section forward without change.

OPINIONS OF THE ATTORNEY GENERAL

Even though county registrars are not entitled to compensation over and above what has been set by their respective boards of supervisors for maintaining extended office hours for registration and absentee balloting purposes, the compensation of a regular county employee who is also a deputy registrar and who is given the additional responsibility of registering voters during extended hours can be increased at the discretion of the board of supervisors. 1992 Miss. Op. Att'y Gen. 957.

County registrars may lawfully receive more than one per diem for the same day for their assistance of certain entities in election activities, provided that the registrar, either personally or through a deputy, actually performs required and necessary duties in assisting each entity. 1992 Miss. Op. Att'y Gen. 957.

Time and work required to transfer the names of registered voters to a newly established automated voter registration system is a single, unique occurrence, and county boards of supervisors are authorized to approve a one time additional payment for the Registrar or some qualified individual designated by the Registrar for performing this task. 1992 Miss. Op. Att'y Gen. 957.

There is no requirement that election commission or executive committees actually be in session and present with registrar in order for registrar to perform ministerial tasks and be entitled to appropriate compensation. 1992 Miss. Op. Att'y Gen. 932.

Miss. Code Section 23-15-225 provides that city clerk of every municipality shall be appointed as deputy registrar. 1993 Miss. Op. Att'y Gen. 263.

In setting election clerk’s compensation, governing authorities should take into consideration fact that clerk is required by statute to perform various duties relating to municipal registrar; Miss. Code Section 23-15-225 (6) specifically provides for additional compensation for performance of duties relating to mail-in voter registration. 1993 Miss. Op. Att'y Gen. 263.

It is implicit in this section that circuit clerks may, upon request from the executive committee of the party, assist the executive committee with its duties in the conduct of the election (circuit clerk may receive compensation for services in assisting the election commissioners, executive committees or boards of supervisors in connection with any election); thus, although the circuit clerk may assist the executive committee in the conduct of an election, the duty and responsibility of the election remains with the executive committee and is nondelegable. 1999 Miss. Op. Att'y Gen. 323.

Individual election commissioners may be employed on a part-time basis by the board of supervisors to perform redistricting tasks provided the board determines, consistent with the facts that (1) the work involved is not required to be performed by the registrar or deputy registrar; and (2) the work is over and above the regular statutory duties of the election commissioners. Martin, Jr., 2002 Miss. Op. Att'y Gen. 326.

Circuit clerks may claim the same number of statutory days for assisting county executive committees as they claim for assisting county election commissions. 2006 Miss. Op. Att'y Gen. 191.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 177, 183.

JUDICIAL DECISIONS

1. Circuit clerk as registrar.

Since circuit clerks in Mississippi served as county registrars and Miss. Code Ann. §23-15-225 provided that for their service as county registrar they were to receive an annual salary and a meeting day per diem, both of which were to be paid for the county general fund, the vital role that clerks played in county governance weighed in favor of finding them to be county agents for purposes of 18 U.S.C.S. § 666(d)(1). United States v. Harris, 2007 U.S. Dist. LEXIS 50575 (S.D. Miss. July 11, 2007), aff'd, 296 Fed. Appx. 402, 2008 U.S. App. LEXIS 22020 (5th Cir. Miss. 2008).

§ 23-15-227. Compensation of poll managers.

  1. The poll managers shall be each entitled to Seventy-five Dollars ($75.00) for each election; however, the board of supervisors may, in its discretion, pay the poll managers an additional amount not to exceed Fifty Dollars ($50.00) per election.
  2. The poll manager who shall carry to the place of voting, away from the courthouse, the official ballots, ballot boxes, pollbooks and other necessities, shall be allowed Ten Dollars ($10.00) for each voting precinct for so doing. The poll manager who acts as returning officer shall be allowed Ten Dollars ($10.00) for each voting precinct for that service. If a person who performs the duties described in this subsection uses a privately owned motor vehicle to perform them, he or she shall receive for each mile actually and necessarily traveled in excess of ten (10) miles, the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel.
  3. The compensation authorized in this section shall be allowed by the board of supervisors, and shall be payable out of the county treasury.
  4. The compensation provided in this section shall constitute payment in full for the services rendered by the persons named for any election, whether there be one (1) election or issue voted upon, or more than one (1) election or issue voted upon at the same time.

HISTORY: Derived from 1972 Code §23-5-183 [Codes, 1892, § 3706; 1906, § 4213; Hemingway’s 1917, § 6849; 1930, § 6257; 1942, § 3286; Laws, 1932, ch. 298; Laws, 1938, ch. 306; Laws, 1950, ch. 281; Laws, 1960, ch. 452, § 1; Laws, 1966 ch. 614, § 1; Laws, 1970, ch. 511, § 1; Laws, 1973, ch. 401 § 1; Laws, 1975, ch. 497, § 2; Laws, 1979, ch. 487, § 3; Laws, 1983, ch. 510; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 62; Laws, 1987, ch. 499, § 16; Laws, 1988 ch. 402, § 1; Laws, 1995, ch. 446, § 1; Laws, 2007, ch. 434, § 5; Laws, 2013, ch. 366, § 1; brought forward without change, Laws, 2016, ch. 326, § 5; Laws, 2017, ch. 441, § 45, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated August 4, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 446, § 1.

On June 15, 2007, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 2007, ch. 434.

The effective date of Chapter 366, Laws of 2013, which amended this section, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 366, Laws of 2013, to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated July 17, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 366 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 366, so Chapter 366 became effective from and after July 17, 2013, the date of the United States Attorney General’s response letter.

Amendment Notes —

The 2007 amendment substituted “Seventy-five Dollars ($75.00)” for “Fifty Dollars ($50.00)” and “Fifty Dollars ($50.00)” for “Twenty-five Dollars ($25.00)” in the first sentence of the first paragraph; and made minor stylistic changes.

The 2013 amendment inserted subsection designators and added the last sentence of (2).

The 2016 amendment brought the section forward without change.

The 2017 amendment substituted “poll managers” for “managers and clerks” twice in (1); and in (2), substituted “poll manager” for “manager or other person” twice and substituted “uses a privately owned” for “utilizes a privately owned.”

Cross References —

Provision that registrars shall receive the same per diem as is provided for board of election commissioners in this section and §23-15-153, as compensation for assisting the county election commissioners in performance of their duties, see §23-15-225.

Provision that officers of primary elections shall ordinarily receive only such compensation as is authorized by this section to be paid for similar services of managers, clerks, and returning officer, see §23-15-301.

Provision that election commissioners shall be compensated for services rendered with respect to contests of primary elections in the manner provided for in this section, see §23-15-939.

OPINIONS OF THE ATTORNEY GENERAL

There is no statutory prohibition against individual being independently appointed to serve as pollworker in two different primary elections being conducted simultaneously, although pollworkers are not entitled to additional compensation for working in more than one election on same day. 1992 Miss. Op. Att'y Gen. 465.

In regard to poll workers, Miss. Code Section 23-15-231 provides for appointment of “election managers” by Election Commission; such managers are entitled, under Miss. Code Section 23-15-227, to $50 for each election; such election managers, or poll workers, are therefore employees for purposes of Workers’ Compensation coverage. 1993 Miss. Op. Att'y Gen. 133.

Miss. Code Section 23-15-227 provides for $50 per election as compensation of election commissioners, managers, clerks and other persons. 1993 Miss. Op. Att'y Gen. 263.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 39.

CJS.

29 C.J.S., Elections §§ 195, 214.

§ 23-15-229. Compensation of municipal poll managers and other workers.

The compensation for poll managers and other workers in the polling places of a municipality shall be the same as the compensation paid by the county for those services; provided, however, that the governing authorities of a municipality shall not be required to pay any additional compensation authorized by the board of supervisors. The governing authorities of a municipality may, in their discretion, pay clerks and poll managers in the polling places of the municipality an additional amount of compensation not to exceed Fifty Dollars ($50.00) per election.

HISTORY: Derived from 1972 Code §23-5-184 [Laws, 1973, ch. 346, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 63; Laws, 1995, ch. 446, § 2; Laws, 2016, ch. 326, § 1; Laws, 2017, ch. 441, § 46, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated August 4, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws, 1995, ch. 446, § 2.

Amendment Notes —

The 2016 amendment substituted “Fifty Dollars ($50.00)” for “Twenty-five Dollars ($25.00).”

The 2017 amendment substituted “poll managers and” for “clerks, managers and” in the first sentence; inserted “poll” in the second sentence; and made a minor stylistic change.

Cross References —

Compensation for poll managers and other workers in polling places of county, see §23-15-227.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 23-15-229 provides for compensation of municipal clerks, managers and other workers, and states that compensation for clerks, managers and other workers in polling place shall be same as compensation paid by county for such services. 1993 Miss. Op. Att'y Gen. 263.

Even though heading or title of Miss. Code Section 23-15-229 uses terms “municipal clerks, managers and other workers”, compensation provided for this statutory section is for “clerks, managers and other workers in the polling places”; this section is clearly referring to poll workers who have historically been designated election clerks and managers, and would not be applicable to municipal clerk. 1993 Miss. Op. Att'y Gen. 263.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 83.

CJS.

29 C.J.S., Elections §§ 195, 214.

§ 23-15-231. Appointment of poll managers; designation of bailiff.

Before every election, the election commissioners shall appoint three (3) persons for each voting precinct to be poll managers, one (1) of whom shall be designated by the election commissioners as election bailiff. For general and special elections, the poll managers shall not all be of the same political party if suitable persons of different political parties can be found in the district. If any person appointed shall fail to attend and serve, the poll managers present, if any, may designate someone to fill his or her place; and if the election commissioners fail to make the appointments or in case of the failure of all those appointed to attend and serve, any three (3) qualified electors present when the polls should be opened may act as poll managers. Provided, however, any person appointed to be poll manager or act as poll manager shall be a qualified elector of the county in which the polling place is located.

HISTORY: Derived from 1972 Code §23-5-99 [Codes, Hutchinson’s 1848, ch. 7, art 5 (4); 1857, ch. 4, art 7; 1871, § 369; 1880, § 133; 1892, § 3643; 1906, § 4150; Hemingway’s 1917, § 6784; 1930, § 6214; 1942, § 3243; Laws, 1977 2d Ex Sess, ch. 24, § 5; Laws, 1980, ch. 486, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 64; Laws, 2017, ch. 441, § 47, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election,” and inserted “poll” preceding “manager” and “managers” throughout; substituted “For general and special elections the” for “Such” in the second sentence; and made gender neutral and minor stylistic changes.

Cross References —

Appointment of managers in addition to the managers appointed pursuant to this section, see §23-15-235.

Provision that the number of managers appointed by a county executive committee prior to a primary election shall be the same number as commissioners of election are allowed to appoint pursuant to this section and §23-15-235, see §23-15-265.

OPINIONS OF THE ATTORNEY GENERAL

As the only statutory qualification to serve as a pollworker is that one be a qualified elector of the county in which the polling place is located, if an individual is independently appointed to act as a pollworker in more than one primary election being conducted in the same polling place, there is no statutory prohibition against an individual serving in such dual capacity. 1992 Miss. Op. Att'y Gen. 353.

Miss. Code Section 23-15-231 provides for appointment of “election managers” by Election Commission; such managers are entitled, under Miss. Code Section 23-15-227, to $50 for each election; election managers are therefore employees for purposes of Workers’ Compensation coverage. 1993 Miss. Op. Att'y Gen. 133.

A registered voter of a county may lawfully be appointed to work at any polling place within that county. 2003 Miss. Op. Att'y Gen. 143.

A court clerk is required to send a copy of an expungement order to the Mississippi Criminal Information Center. 2003 Miss. Op. Att'y Gen. 135.

There is no prohibition against a county election commission appointing members of political party executive committees to serve as poll workers in a special or general election. 2004 Miss. Op. Att'y Gen. 492.

Sections 23-15-231 and 23-15-235 do not provide authority for the board of supervisors to pay pollworkers to be placed at closed voting precincts in order to direct voters to a different voting location. However, Section 19-3-40 gives the board of supervisors the authority to hire an individual to be at a closed polling place and give directions. 2006 Miss. Op. Att'y Gen. 229.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 84-86.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 1 (notice of appointment as election official).

CJS.

29 C.J.S., Elections §§ 193, 194, 207–232.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-99.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-99.

This section [Code 1942, § 3243] as applied to selection of managers of election from different political parties has no application to an election for the issuance of school bonds. Tedder v. Board of Sup'rs, 214 Miss. 717, 59 So. 2d 329, 1952 Miss. LEXIS 512 (Miss. 1952).

Fact that, pursuant to custom because of size of election district, two sets of election managers conducted the election at the voting place, did not render the votes cast thereat invalid, where one set of managers sat at one end of a table and received the ballots of persons whose names began with the letters “A” through “L”, and the other set of managers sat at the other end of the table and received the ballots of persons whose names began with “M” through “Z,” each set of managers using a separate ballot box and being assisted by separate clerks, and the ballots were counted and certified to by the respective managers who received them. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

Irregularity in appointment of election commissioners and invalidity of so-called official ballots does not affect validity of the election. Shines v. Hamilton, 87 Miss. 384, 39 So. 1008, 1905 Miss. LEXIS 152 (Miss. 1905).

§ 23-15-233. Duties of poll managers.

The poll managers shall take care that the election is conducted fairly and agreeably to law, and they shall be judges of the qualifications of electors, and may examine, on oath, any person duly registered and offering to vote touching his or her qualifications as an elector, which oath any of the poll managers may administer.

HISTORY: Derived from 1972 Code §23-5-101 [Codes, Hutchinson’s 1848, ch. 7, art. 5 (14); 1857, ch. 4, art. 9; 1880, § 134; 1892, § 3644; 1906, § 4151; Hemingway’s 1917, § 6785; 1930, § 6215; 1942, § 3244; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 65; Laws, 2017, ch. 441, § 48, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “poll” twice; and made a gender neutral change.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 90, 91.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. In general.

Election commission does not have the authority to open ballots certified by election managers as rejected or challenged, and commission cannot override or review decision of election manager who marked ballot as rejected or challenged; duty of commission is merely to canvass sealed ballots to determine if requirements have been met. Misso v. Oliver, 666 So. 2d 1366, 1996 Miss. LEXIS 4 (Miss. 1996).

Only power conferred, and only duty required of election commission, in relation to the canvass of votes, should be to count the votes, based upon returns as made by election managers, and to give certificates to those receiving majority of the votes; election commission should not go beyond or behind the returns, and reject votes, or accept votes previously rejected, or otherwise inquire into validity of conduct of election; election commission has no judicial discretion as to validity of rejected or contested votes. Misso v. Oliver, 666 So. 2d 1366, 1996 Miss. LEXIS 4 (Miss. 1996).

§ 23-15-235. Appointment of additional poll managers.

In addition to the poll managers appointed pursuant to Section 23-15-231, for the first five hundred (500) registered voters in each voting precinct, the election commissioners may, in their discretion, appoint not more than three (3) persons to serve as poll managers of the election. The election commissioners may, in their discretion, appoint three (3) additional persons to serve as poll managers for each one thousand (1,000) registered voters or fraction thereof in each voting precinct above the first five hundred (500), not to exceed six (6) additional poll managers under this section. Any person appointed as poll manager shall be a qualified elector of the county in which the voting precinct is located.

HISTORY: Derived from 1972 Code §23-5-103 [Codes, Hutchinson’s 1848, ch. 7, art 5 (4); 1857, ch. 4, art 7; 1871, § 369; 1880, § 135; 1892, § 3645; 1906, § 4152; Hemingway’s 1917, § 6786; 1930, § 6216; 1942, § 3245; Laws, 1980, ch. 486, § 2; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 66; Laws, 2017, ch. 441, § 49, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election” throughout; in the first paragraph, inserted “poll” twice and deleted “or clerks” preceding “of the election” in the first sentence, substituted “poll managers” for “clerks” and added “not to exceed six (6) additional poll managers under this section” in the second sentence, and substituted “poll manager” for “clerk” in the last sentence; and deleted the second paragraph, which read: “The restrictions provided for in this section regarding the number of additional managers and clerks that may be appointed by commissioners of election shall not apply to elections conducted by paper ballot prior to January 1, 1989. In elections conducted by paper ballot prior to January 1, 1989, the commissioners of election may appoint as many additional managers and clerks as they may consider necessary to conduct the elections.”

Cross References —

Provision that the number of poll managers appointed by a county executive committee prior to a primary election shall be the same number as election commissioners are allowed to appoint pursuant to this section and §23-15-231, see §23-15-265.

OPINIONS OF THE ATTORNEY GENERAL

Sections 23-15-231 and 23-15-235 do not provide authority for the board of supervisors to pay pollworkers to be placed at closed voting precincts in order to direct voters to a different voting location. However, Section 19-3-40 gives the board of supervisors the authority to hire an individual to be at a closed polling place and give directions. 2006 Miss. Op. Att'y Gen. 229.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 84, 85.

CJS.

29 C.J.S., Elections §§ 193, 194, 207–214.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

§ 23-15-237. Oath of office for poll managers.

The poll managers shall be sworn by some officer present competent to administer oaths, or each may be sworn by one of the others, faithfully to perform their duties at the election according to law, and not to attempt to guide, aid, direct or influence any voter in the exercise of his or her right to vote, except as expressly allowed by law. The oath required by this section shall be recorded in the receipt book and signed by each poll manager.

HISTORY: Derived from 1972 Code §23-5-103 [Codes, Hutchinson’s 1848, ch. 7, art 5 (4); 1857, ch. 4, art 7; 1871, § 369; 1880, § 135; 1892, § 3645; 1906, § 4152; Hemingway’s 1917, § 6786; 1930, § 6216; 1942, § 3245; Laws, 1980, ch. 486, § 2; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 67; Laws, 2017, ch. 441, § 50, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substitued “poll managers“ for “managers and clerks“ in the first sentence; added the last sentence; and made a gender neutral change.

§ 23-15-239. Mandatory training of poll managers; single, comprehensive poll manager training program; certified poll managers.

[Until January 1, 2020, this section shall read as follows:]

  1. The executive committee of each county, in the case of a primary election, or the election commissioners of each county, in the case of all other elections, in conjunction with the circuit clerk, shall, in the years in which counties conduct an election, sponsor and conduct, not less than five (5) days before each election, not less than four (4) hours and not more than eight (8) hours of poll manager training to instruct poll managers as to their duties in the proper administration of the election and the operation of the polling place. Any poll manager who completes the online training course provided by the Secretary of State shall only be required to complete two (2) hours of in-person poll manager training. No poll manager shall serve in any election unless he or she has received these instructions once during the twelve (12) months immediately preceding the date upon which the election is held; however, nothing in this section shall prevent the appointment of an alternate poll manager to fill a vacancy in case of an emergency. The county executive committee or the election commissioners, as appropriate, shall train a sufficient number of alternates to serve in the event a poll manager is unable to serve for any reason.
    1. If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
    2. If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
  2. The board of supervisors and the municipal governing authority, in their discretion, may compensate poll managers who attend these training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Poll managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
  3. The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
  4. Subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Dollars ($100.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in conducting training sessions as required by this section:
    1. In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;
    2. In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than eight (8) days per year;
    3. In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than ten (10) days per year;
    4. In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than twelve (12) days per year;
    5. In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than fifteen (15) days per year;
    6. In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than eighteen (18) days per year;
    7. In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than nineteen (19) days per year;
    8. In counties having two hundred twenty-five thousand (225,000) residents or more according to the latest federal decennial census, not more than twenty-two (22) days per year.
  5. Election commissioners shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).
    1. To provide poll manager training, the Secretary of State has developed a single, comprehensive poll manager training program to ensure uniform, secure elections throughout the state. The program includes online training on all state and federal election laws and procedures and voting machine opening and closing procedures.
    2. County election commissioners shall designate one (1) poll manager per precinct, who shall individually access and complete the online training program, including all skills assessments, at least five (5) days before an election. The poll manager shall be defined as a “certified poll manager,” and entitled to a “Certificate of Completion” and compensation for the successful completion of the training and skills assessment in the amount of Twenty-five Dollars ($25.00) payable from the Secretary of State. Compensation paid to any poll manager under this paragraph (b) shall not exceed Twenty-five Dollars ($25.00) per calendar year.
    3. Every election held after January 1, 2018, shall have at least one (1) certified poll manager appointed by the county election officials to work in each polling place in the county during each general election.

HISTORY: Laws, 1986, ch. 495, § 68; Laws, 1989, ch. 396, § 1; Laws, 1999, ch. 441, § 1; Laws, 2001, ch. 523, § 2; Laws, 2006, ch. 592, § 4; Laws, 2007, ch. 565, § 2; Laws, 2008, ch. 528, § 5; Laws, 2016, ch. 326, § 2; Laws, 2017, ch. 441, § 51, eff from and after July 1, 2017; Laws, 2018, 343, § 1; Laws, 2018, ch. 399, § 3, eff from and after July 1, 2018.

Joint Legislative Committe Note

Section 1 of Chapter 343, Laws of 2018, effective from and after passage (approved March 8, 2018), amended this section. Section 3 of Chapter 399, Laws of 2018, effective from and after July 1, 2018 (approved March 19, 2018), also amended this section.

As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 14, 2018, meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (7)(b) of this section by substituting “one (1) poll manager” for “one (1) poll managers.” The Joint Committee ratified the correction at its August 14, 2018, meeting.

Editor’s Notes —

The United States Attorney General, by letter dated August 4, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 429, § 1.

On August 2, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1999, ch. 441, § 1.

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 523.

On June 29, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 592, § 4.

On July 16, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2007, ch. 565.

On August 7, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 528.

Amendment Notes —

The 1999 amendment added (2) and (3); and in (1), deleted “and clerks” following “managers” and “or clerk” following “manager.”

The 2001 amendment, in (1), inserted “executive committee of each county, in the case of a primary election, or the,” inserted “in the case of all other elections,” and substituted “The county executive committee or the commissioners of election, as appropriate” for “commissioners of election”; inserted (2); and redesignated the remaining subsections accordingly.

The 2006 amendment added (5) and (6); and made minor stylistic changes.

The 2007 amendment, substituted “Twelve Dollars ($12.00)” for “Ten Dollars ($10.00)” and “eight (8) hours” for “two (2) hours” in (3).

The 2008 amendment added (1)(b); and substituted “sixteen (16) hours” for “eight (8) hours” in (3).

The 2016 amendment inserted “and the municipal governing authority” near the beginning of (3).

The 2017 amendment provided for two versions of this section; in the version effective until January 1, 2020, substituted “election commissioners” for “commissioners of election” throughout; in (1), deleted the (a) designation from the beginning, rewrote the first sentence, which read: “The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct, not less than five (5) days prior to each election, training sessions to instruct managers as to their duties in the proper administration of the election and the operation of the polling place,” added the second sentence, and inserted “poll” twice in the third sentence and once in the last sentence, and deleted (1)(b), which read: “The executive committee of each county, in the case of a primary election, or the commissioners of election of each county, in the case of all other elections, in conjunction with the circuit clerk, shall sponsor and conduct annually an eight-hour training course for managers that meets criteria that the Secretary of State shall prescribe. Managers shall be required to attend this course every four (4) years from August 7, 2008. The Secretary of State shall develop a version of the course that may be taken by managers over the Internet. Training courses, including, but not limited to, online training courses, that meet criteria prescribed by the Secretary of State and are not sponsored or conducted by the executive committee or the commissioners of election, may be utilized to meet the requirements of this paragraph if the training course is approved by the Secretary of State”; inserted “poll” twice in (3); in (5)(h), inserted “or more” and deleted “but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census” preceding “not more than”; deleted (5)(i) and (j), which provided annual per diem limitations for counties having between 250,000 and 275,000 residents and counties having more than 275,000 residents; added (7); and made gender neutral and minor stylistic changes; in the version effective from and after January 1, 2020, made identical changes in (1) through (7)(a), and amended (7)(b) and (c) as added in the first version.

The first 2018 amendment (ch. 343), effective March 8, 2018, in the version effective until January 1, 2020, in the first sentence of (7)(b), substituted “designate one (1)” for “designate no more than two (2),” and in the second sentence, substituted “manager” for “managers” and “Secretary of State” for “Help Mississippi Vote Fund,” and made minor stylistic changes; and in the version effective from and after January 1, 2020, substituted “managers” for “manager” in (7)(b); and made a minor stylistic change.

The second 2018 amendment (ch. 399), in both versions, substituted “One Hundred Dollars ($100.00)” for “Eighty-four Dollars ($84.00)” in the introductory paragraph of (5), and made a minor grammatical change.

Cross References —

Monies in “Help Mississippi Vote Fund” expended for compensation paid to any certified poll manager under this section, see §23-15-169.7.

OPINIONS OF THE ATTORNEY GENERAL

County boards of supervisors have the discretionary authority to compensate qualified electors of the county who are duly appointed to serve as pollworkers in a primary election and attend one or more training sessions conducted by a county party executive committee. 2000 Miss. Op. Att'y Gen. 67.

A county election commission may choose to appoint qualified previously trained individuals who have served in a primary to also serve in the following general election; however, if individuals who were paid for attending one or more training sessions conducted by a party executive committee are appointed by a commission, they would not be eligible for any further compensation for attending another training session. 2000 Miss. Op. Att'y Gen. 67.

Because the terms “poll worker” and “manager” are interchangeable as used in the election statute, therefore, a county board of supervisors has the discretionary authority to compensate poll workers for attending certification classes pursuant to Section 23-15-239 (3). 2003 Miss. Op. Att'y Gen. 33.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 84, 90, 91.

CJS.

29 C.J.S., Elections § 194.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. Relation to other laws.

Black chairman of a county political party executive committee was guilty of racial discrimination under § 2 of the Voting Rights Act because, inter alia, he prevented poll watchers from challenging the sufficiency of black voters’ absentee voter applications and ballots, in derogation of their duties under Miss. Code Ann. §23-15-239, and for the purpose of diluting the white vote. United States v. Brown, 494 F. Supp. 2d 440, 2007 U.S. Dist. LEXIS 47255 (S.D. Miss. 2007), aff'd, 561 F.3d 420, 2009 U.S. App. LEXIS 4030 (5th Cir. Miss. 2009).

§ 23-15-239. Mandatory training of poll managers; single, comprehensive poll manager training program; certified poll managers.

[From and after January 1, 2020, this section shall read as follows:]

  1. The executive committee of each county, in the case of a primary election, or the election commissioners of each county, in the case of all other elections, in conjunction with the circuit clerk, shall, in the years in which counties conduct an election, sponsor and conduct, not less than five (5) days before each election, not less than four (4) hours and not more than eight (8) hours of poll manager training to instruct poll managers as to their duties in the proper administration of the election and the operation of the polling place. Any poll manager who completes the online training course provided by the Secretary of State shall only be required to complete two (2) hours of in-person poll manager training. No poll manager shall serve in any election unless he or she has received these instructions once during the twelve (12) months immediately preceding the date upon which the election is held; however, nothing in this section shall prevent the appointment of an alternate poll manager to fill a vacancy in case of an emergency. The county executive committee or the election commissioners, as appropriate, shall train a sufficient number of alternates to serve in the event a poll manager is unable to serve for any reason.
    1. If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
    2. If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
  2. The board of supervisors and the municipal governing authority, in their discretion, may compensate poll managers who attend these training sessions. The compensation shall be at a rate of not less than the federal hourly minimum wage nor more than Twelve Dollars ($12.00) per hour. Poll managers shall not be compensated for more than sixteen (16) hours of attendance at the training sessions regardless of the actual amount of time that they attended the training sessions.
  3. The time and location of the training sessions required pursuant to this section shall be announced to the general public by posting a notice thereof at the courthouse and by delivering a copy of the notice to the office of a newspaper having general circulation in the county five (5) days before the date upon which the training session is to be conducted. Persons who will serve as poll watchers for candidates and political parties, as well as members of the general public, shall be allowed to attend the sessions.
  4. Subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount ofOne Hundred Dollars ($100.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in conducting training sessions as required by this section:
    1. In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than five (5) days per year;
    2. In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than eight (8) days per year;
    3. In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than ten (10) days per year;
    4. In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than twelve (12) days per year;
    5. In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than fifteen (15) days per year;
    6. In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than eighteen (18) days per year;
    7. In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than nineteen (19) days per year;
    8. In counties having two hundred twenty-five thousand (225,000) residents or more according to the latest federal decennial census, not more than twenty-two (22) days per year.
  5. Election commissioners shall claim the per diem authorized in subsection (5) of this section in the manner provided for in Section 23-15-153(6).
    1. To provide poll manager training, the Secretary of State has developed a single, comprehensive poll manager training program to ensure uniform, secure elections throughout the state. The program includes online training on all state and federal election laws and procedures and voting machine opening and closing procedures.
    2. County poll managers who individually access and complete the online training program, including all skills assessments, at least five (5) days before an election shall be defined as “certified poll managers,” and entitled to a “Certificate of Completion.”
    3. At least one (1) certified poll manager shall be appointed by the county election officials to work in each polling place in the county during each general election.

HISTORY: Laws, 1986, ch. 495, § 68; Laws, 1989, ch. 396, § 1; Laws, 1999, ch. 441, § 1; Laws, 2001, ch. 523, § 2; Laws, 2006, ch. 592, § 4; Laws, 2007, ch. 565, § 2; Laws, 2008, ch. 528, § 5; Laws, 2016, ch. 326, § 2; Laws, 2017, ch. 441, § 51, eff from and after July 1, 2017; Laws, 2018, 343, § 1; Laws, 2018, ch. 399, § 3, eff from and after July 1, 2018.

§ 23-15-240. Appointment of student interns to serve during elections.

  1. The officials in charge of the election in a county or municipality may, in their discretion, appoint not more than two (2) students for each precinct to serve as student interns during elections. To be appointed a student intern a student must:
    1. Be recommended by a principal or other school official, or the person responsible for the student’s legitimate home instruction program;
    2. Be at least sixteen (16) years of age at the time of the election for which the appointment is made;
    3. Be a resident of the county or municipality for which the appointment is made;
    4. Be enrolled in a public high school, an accredited private high school or a legitimate home instruction program and be classified as a junior or senior or its equivalent, or be enrolled in a junior college or a college or university; and
    5. Meet any additional qualifications considered necessary by the officials in charge of the election in the county or municipality.
    1. The duties of the student interns appointed pursuant to this section shall be determined by the officials in charge of the election in the county or municipality; however, the duties shall not include:
      1. Determining the qualifications of a voter in case a voter is challenged;
      2. The discharge of any duties related to affidavit ballots;
      3. The operation and maintenance of any voting equipment;
      4. Any duties normally assigned to a bailiff; or
      5. The tallying of votes.
    2. Student interns shall at all times be under the supervision of the poll managers of the election while performing their duties at precincts.
  2. Before performing any duties, student interns shall attend all required training for poll managers of the county or municipality and any additional training considered necessary by the officials in charge of the election in the county or municipality.
  3. As used in this section “officials in charge of the election” means the county or municipal executive committee, as appropriate, in primary elections and the county or municipal election commission, as appropriate, in all other elections.

HISTORY: Laws, 2002, ch. 521, § 1; brought forward without change, Laws, 2002, ch. 590, § 1; Laws, 2017, ch. 441, § 52, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated July 1, 2002, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the addition of this section by Laws of 2002, ch. 521.

The United States Attorney General, by letter dated July 22, 2002, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the addition of this section by Laws of 2002, ch. 590, § 1.

Amendment Notes —

The 2002 amendment (ch. 590) brought the section, as enacted by Laws, 2002, ch. 521, § 1, forward without change.

The 2017 amendment substituted “poll managers” for “managers and clerks” in (2)(b) and (3); and made a minor stylistic change.

§ 23-15-241. Election bailiff to keep peace.

The poll manager designated an election bailiff shall, in addition to his or her other duties, be present during the election to keep the peace and to protect the voting place, and to prevent improper intrusion upon the voting place or interference with the election, and to arrest all persons creating any disturbance about the voting place, and to enable all qualified electors who have not voted, and who desire to vote, to have unobstructed access to the polls for the purpose of voting when others are not voting.

HISTORY: Derived from 1972 Code §23-5-105 [Codes, Hutchinson’s 1848, ch. 7, art 5 (13); 1857, ch. 4, art 6; 1871, § 365; 1880, § 128; 1892, § 3638; 1906, § 4145; Hemingway’s 1917, § 6779; 1930, § 6217; 1942, § 3246; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 69; Laws, 2017, ch. 441, § 53, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “poll” near the beginning; and made a gender neutral change.

OPINIONS OF THE ATTORNEY GENERAL

People gathering signatures on petitions that are not covered by §23-17-57(4) may be within 150 feet of the entrance of a polling place but not within 30 feet of any room in which an election is being held; however, it is the duty of the election bailiff to insure that anyone collecting signatures does not, in any manner, impede the progress of voters coming into a polling place to vote. 2002 Miss. Op. Att'y Gen. 28.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 90, 91.

§ 23-15-243. Selection of election bailiff if none designated.

If the election commissioners fail to designate a poll manager as the bailiff, or if their designee fails to serve, the poll managers may select an election bailiff from among their number.

HISTORY: Derived from 1972 Code §23-5-107 [Codes, 1857, ch. 4, art 4; 1871, § 366; 1880, § 129; 1892, § 3639; 1906, § 4146; Hemingway’s 1917, § 6780; 1930, § 6218; 1942, § 3247; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 70; Laws, 2017, ch. 441, § 54, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commmissioners of election,” inserted “poll” the first time it appears, and substiuted “poll managers” for “managers of election.”

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 85.

CJS.

29 C.J.S., Elections §§ 207–214.

§ 23-15-245. Duties of election bailiff; polls to be open and clear.

It shall be the duty of the poll manager designated as bailiff to be present at the voting place, and to take such steps as will accomplish the purpose of his or her appointment, and the poll manager designated as bailiff shall have full power to do so and may summon to his or her aid all persons present at the voting place. A space thirty (30) feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except the election officials, individuals present to vote and credentialed poll watchers as defined by Section 23-15-577. The electors shall approach the polls from one (1) direction, line, door or passage, and depart in another as nearly opposite as convenient.

HISTORY: Derived from 1972 Code §23-5-109 [Codes, 1880, § 130; 1892, § 3640; 1906, § 4147; Hemingway’s 1917, § 6781; 1930, § 6219; 1942, § 3248; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 71; Laws, 2017, ch. 441, § 55, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in the first sentence, inserted “poll” near the beginning, and substituted “the poll manager designated as bailiff shall have” for “he shall have”; and divided the former second sentence into the second and third sentences, and rewrote the former sentence, which read: “A space thirty (30) feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except the election officers and two (2) challengers of good conduct and behavior, selected by each party to detect and challenge illegal voters; and the electors shall approach the polls from one direction, line, door or passage, and depart in another as nearly opposite as convenient.”

OPINIONS OF THE ATTORNEY GENERAL

People gathering signatures on petitions that are not covered by §23-17-57(4) may be within 150 feet of the entrance of a polling place but not within 30 feet of any room in which an election is being held; however, it is the duty of the election bailiff to insure that anyone collecting signatures does not, in any manner, impede the progress of voters coming into a polling place to vote. 2002 Miss. Op. Att'y Gen. 28.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 90, 91.

26 Am. Jur. 2d, Elections § 308.

CJS.

29 C.J.S., Elections §§ 536, 537.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss LJ 535, December 1986.

§ 23-15-247. Ballot boxes.

The election commissioners in each county shall procure, if not already provided, a sufficient number of ballot boxes, which shall be distributed by them to the voting precincts of the county before the time for opening the polls. The boxes shall be securely sealed from the opening of the polls on election day until the polls close on election day; and the box shall be kept by one (1) of the managers, and the manager having the box shall carefully keep it, and neither open it himself or herself nor permit it to be opened, nor permit any person to have any access to it throughout the voting period during an election. The box shall not be removed from the polling building or place after the polls are opened until the polls close and the count is complete. After each election the ballot boxes shall be delivered to the clerk of the circuit court of the county for preservation; and he or she shall keep them for future use, and, when called for, deliver them to the election commissioners.

HISTORY: Derived from 1972 Code §23-5-111 [Codes, Hutchinson’s 1848, ch. 7, art 5 (15); 1857, ch. 4, art 10; 1871, § 364; 1880, § 126; 1892, § 3637; 1906, § 4144; Hemingway’s 1917, § 6778; 1930, § 6220; 1942, § 3249; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 72; Laws, 2017, ch. 441, § 56, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election” twice; rewrote the second and third sentences, which read: “The boxes shall be secured by good and substantial locks, and, if an adjournment shall take place after the opening of the polls and before all the votes shall be counted, the box shall be securely locked, so as to prevent the admission of anything into it, or the taking of anything from it, during the time of adjournment; and the box shall be kept by one of the managers and the key by another of the managers, and the manager having the box shall carefully keep it, and neither unlock or open it himself nor permit it to be done, nor permit any person to have any access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are opened until the count is complete, if as many as three (3) qualified electors object”; deleted “with the keys thereof” following “shall be delivered” in the last sentence; and made a gender neutral change.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 307.

CJS.

29 C.J.S., Elections § 531, 532.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-111.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-111.

That the ballot boxes provided were not “secured by good and substantial locks” is a mere irregularity not invalidating an election. Barnes v. Ladner, 241 Miss. 606, 131 So. 2d 458, 1961 Miss. LEXIS 380 (Miss. 1961).

The power of the circuit court to issue a writ of mandamus to the circuit clerk to permit inspection of the ballot boxes is necessary, supplemental to and in support of the statutory right of candidate to contest a general or special election. Lopez v. Holleman, 219 Miss. 822, 69 So. 2d 903, 1954 Miss. LEXIS 392 (Miss. 1954).

§ 23-15-249. Procedure when pollbooks or ballot boxes not distributed.

The failure to distribute to the different voting places the pollbooks containing the alphabetical list of voters, or the ballot boxes provided for, shall not prevent the holding of an election, but in such case the poll managers shall proceed to hold the election without the books and ballot boxes, and shall provide some suitable substitute for the ballot boxes, and conform as nearly as possible to the law in the reception and disposition of the official ballots.

HISTORY: Derived from 1972 Code §23-5-113 [Codes, 1880, § 145; 1892, § 3676; 1906, § 4183; Hemingway’s 1917, § 6817; 1930, § 6221; 1942, § 3250; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 73; Laws, 2017, ch. 441, § 57, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “poll” preceding “managers shall proceed.”

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 342-345, 347-349, 359.

CJS.

29 C.J.S., Elections § 575.

JUDICIAL DECISIONS

1. In general.

Public interest exception to mootness did not apply to an unsuccessful candidate's election challenge where although Miss. Code Ann. §23-15-11 (2015) required voters to vote only in their voting precinct, the poll managers provided a suitable substitute by directing voters to go next door, sign the pollbook, and obtain a receipt before returning to vote, and thus, the votes cast before the pollbooks were delivered to the correct voting location were not illegal under Miss. Code Ann. §23-15-249. Perkins v. McAdams, 2017 Miss. LEXIS 419, /- So.3d /-, Miss. Oct. 19, 2017.

2.-5. [Reserved for future use.]

6. Under former Section 23-5-113.

That the ballot boxes provided were not “secured by good and substantial locks” is a mere irregularity not invalidating an election. Barnes v. Ladner, 241 Miss. 606, 131 So. 2d 458, 1961 Miss. LEXIS 380 (Miss. 1961).

§ 23-15-251. Duties of poll manager designated to receive and distribute ballots.

The election commissioners, in appointing the poll managers of an election, shall designate one (1) of the poll managers at each voting place to receive and distribute the official ballots, and shall deliver to him or her the proper number of ballots for his or her district not less than one (1) day before the election; and the poll manager receiving the ballots from the election commissioners shall distribute the same to the electors of his or her district in the manner herein provided. It shall be the duty of the designated poll manager for service at a voting place other than the courthouse, to carry to that voting place, on the day before the election, or before 6:00 a.m. on the morning of the election, the ballot box, the pollbook, the blank tally sheets, the blank forms to be used in making returns, the other necessary stationery and supplies and the official printed ballots aforesaid, and all of the same used and unused shall be returned by the designated poll manager to the election commissioners on the day next following the election.

HISTORY: Derived from 1972 Code §23-5-127 [Codes, 1892, § 3660; 1906, § 4167; Hemingway’s 1917, § 6801; 1930, § 6228; 1942, § 3257; Laws, 1968, ch. 571, § 2; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 74; Laws, 2017, ch. 441, § 58, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election” near the beginning of the first sentence and near the end of the last sentence; in the first sentence, inserted “poll” twice, deleted “and cards of instruction” following “proper number of ballots,” and inserted “election” following “receiving the ballots from the”; in the second sentence, substituted “the designated poll manager” for “said person so designated as aforesaid,” and inserted “or before 6:00 a.m. on the morning of the election” and “designated poll”; and made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 307.

CJS.

29 C.J.S., Elections §§ 529, 531, 532, 534.

§ 23-15-253. Poll managers to be furnished stationery and blank forms.

The election commissioners shall furnish to the poll managers at each voting place a sufficient quantity of stationery for use in holding the election, and also blank forms to be used in making returns of the election, including the precinct opening and closing log, the election ballot account form and the electronic vote tally worksheet provided by the Secretary of State’s office.

HISTORY: Derived from 1972 Code §23-5-115 [Codes, 1892, § 3646; 1906, § 4153; Hemingway’s 1917, § 6787; 1930, § 6222; 1942, § 3251; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 75; Laws, 2017, ch. 441, § 59, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote the section, which read: “The commissioners of election shall furnish to the managers at each voting place a sufficient quantity of stationery for use in holding the election, and also blank forms to be used in making returns of the election, including blank tally sheets with printed caption and suitable size and ruling.”

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 307.

CJS.

29 C.J.S., Elections §§ 529.

§ 23-15-255. Voting compartments, shelves and tables; information required to be posted at precinct polling place on election day.

  1. The supervisor of each respective supervisors district shall provide at each election place a sufficient number of voting compartments, shelves and tables for the use of electors, which shall be so arranged that it will be impossible for a voter in one (1) compartment to see another voter who is preparing his or her ballot. The number of voting compartments and shelves or tables shall not be less than one (1) to every two hundred (200) electors in the voting precinct.
  2. The poll managers of each precinct shall publicly post the following information at the precinct polling place on the day of any election:
    1. A sample ballot that will be used at the election;
    2. The hours during which the polling places will be open;
    3. Instructions on how to vote, including how to cast a vote and how to cast an affidavit ballot;
    4. Instructions for persons who have registered to vote by mail and first time voters, if appropriate;
    5. General information on voting rights, including information on the right of an individual to cast an affidavit ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and
    6. The consequences under federal and state laws regarding fraud and misrepresentation;
    7. A list of voters in each polling place that have already cast an absentee ballot; and
    8. The acceptable forms of photo identification that may be presented in the polling place.

HISTORY: Derived from 1972 Code §23-5-117 [Codes, 1892, § 3647; 1906, § 4154; Hemingway’s 1917, § 6788; 1930, § 6223; 1942, § 3252; Laws, 1978, ch. 390, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 76; Laws, 2004, ch. 305, § 14; Laws, 2017, ch. 441, § 60, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2004, ch. 305, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Help America Vote Act of 2002 Compliance Law.”

On July 12, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2004, ch. 305, § 14.

Amendment Notes —

The 2004 amendment designated the formerly undesignated paragraph as (1); in the first sentence of (1), substituted “a voter ” for “one (1) voter”; and added (2).

The 2017 amendment, in (1), inserted “(1)” in the first sentence, and deleted the last sentence, which read: “Each compartment shall be supplied and have posted up in it a card of instructions, and be furnished with other conveniences for marking the ballots”; and in (2), inserted “poll” in the introductory paragraph, deleted “version of the” following “A sample” in (a), deleted “Information the date of the election and” from the beginning of (b), added (g) and (h), and made related stylistic changes; and made a gender neutral change.

Federal Aspects—

The Help America Vote Act of 2002 is Act of Oct. 29, 2002, P.L. 107-252, formerly appearing as 42 USCS § 15301 et seq., now codified as 52 USCS § 20901 et seq. For full classification of the Act, consult USCS Tables volumes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 307.

CJS.

29 C.J.S., Elections §§ 533.

§ 23-15-257. Duties of marshal or chief of police in municipal elections.

The marshal or chief of police shall perform, in respect to the municipal elections, all the duties prescribed by law to be performed by the board of supervisors in reference to furnishing voting compartments for state and county elections.

HISTORY: Derived from 1972 Code §21-11-17 [Codes, 1892, § 3033; 1906, § 3438; Hemingway’s 1917, § 5998; 1930, § 2600; 1942, § 3374-67; Laws, 1950, ch. 491, § 67; repealed by Laws, 1986, ch. 495, § 329]; en, Laws, 1986, ch. 495, § 77, eff from and after January 1, 1987.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 225.

CJS.

29 C.J.S., Elections § 533.

§ 23-15-259. Authority of boards of supervisors to allow compensation of officers rendering services in registration and elections and reasonable sum to supply voting compartments, tables and shelves.

The boards of supervisors of the several counties are authorized to allow compensation of the officers rendering services in matters of registration and elections, to provide ballot boxes, voter rolls as electronically maintained by the Statewide Elections Management System, and all other things required by law in registration and elections. The boards are also authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to allow such reasonable sum as may be expended in supplying voting compartments, tables or shelves for use at elections.

HISTORY: Derived from 1972 Code §23-5-179 [Codes, 1892, § 3704; 1906, § 4211; Hemingway’s 1917, § 6847; 1930, § 6255; 1942, § 3284; Laws, 1976, ch. 350, §§ 1, 2; Laws, 1985, ch. 397, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 78; Laws, 2017, ch. 441, § 61, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment in the first paragraph, substituted “voter rolls as electronically maintained by the Statewide Elections Management System” for “registration and pollbooks” and rewrote the last sentence, which read: “Said boards are also authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to purchase improved or unimproved property and to construct, reconstruct, repair, renovate and maintain polling places or to pay to private property owners reasonable rental fees when the property is used as a polling place for a period not to exceed the day immediately preceding the election, the day of the election, and the day immediately following the election and to allow such reasonable sum as may be expended in supplying voting compartments, tables or shelves for use at elections”; and deleted the last paragraph, which read: “All facilities owned or leased by the state, county, municipality or school district may be made available at no cost to the board of supervisors for use as polling places to such extent as may be agreed to by the authority having control or custody of such facilities.”

OPINIONS OF THE ATTORNEY GENERAL

Purging of voter rolls of names of persons who have not voted in state, county, or federal election in last four (4) years is not applicable to municipal election commissions; municipal election commissions are required to keep and use suspended or “inactive” list compiled and provided by county election commission in order to remove or restore suspended voters. 1990 Miss. Op. Att'y Gen. 183.

A board of supervisors does not have the authority to pay rental fees for the use of privately owned facilities designated as county polling places for a political party to conduct a caucus. 2004 Miss. Op. Att'y Gen. 169.

A board of supervisors does not have the responsibility to provide or make available the various county polling places within the county precincts for use by a political party for a caucus. However, in the event the board makes space available in public facilities to other organizations, it can make space available on the same basis for conducting caucuses. 2004 Miss. Op. Att'y Gen. 169.

A county board of supervisors may authorize improvements to property to be used as voting precincts owned privately or by a fire protection district provided the board determines that such improvements are necessary and that the value of such improvements does not exceed a reasonable rental amount as predetermined by the board. 2006 Miss. Op. Att'y Gen. 40.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 83, 177, 183.

CJS.

29 C.J.S., Elections §§ 195, 214.

§ 23-15-261. Certification of service as poll managers.

The election commissioners shall, after each election, make out a list of all persons who served as poll managers at the election, designating for what service each is entitled to pay, certify to the correctness of the same, and file it with the clerk of the board of supervisors. An allowance shall not be made to any such officer unless his or her service be so certified.

HISTORY: Derived from 1972 Code §23-5-181 [Codes, 1892, § 3705; 1906, § 4212; Hemingway’s 1917, § 6348; 1930, § 6256; 1942, § 3285; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 79; Laws, 2017, ch. 441, § 62, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment divided the section into two sentences by substituting “supervisors. An” for “supervisors; and an”; in the first sentence, substituted “election commissioners” for “commissioners of election” and “poll managers” for “managers and clerks”; and in the second sentence, made a gender neutral change.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 83.

CJS.

29 C.J.S., Elections §§ 195, 214.

§ 23-15-263. Duties of county executive committees at primary elections.

  1. Unless otherwise provided in this chapter, the county executive committee at primary elections shall perform all duties that relate to the qualification of candidates for primary elections, print ballots for primary elections, appoint the primary election officers, resolve contests in regard to primary elections, and perform all other duties required by law to be performed by the county executive committee; however, each house of the Legislature shall rule on the qualifications of the membership of its respective body in contests involving the qualifications of such members. The executive committee shall be subject to all the penalties to which county election commissioners are subject, except that Section 23-15-217 shall not apply to members of the county executive committee who seek elective office.
  2. A member of a county executive committee shall be automatically disqualified to serve on the county executive committee, and shall be considered to have resigned therefrom, upon his qualification as a candidate for any elective office. The provisions of this subsection shall not apply to a member of a county executive committee who qualifies as a candidate for a municipal elective office.
  3. The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense when committed in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter.

HISTORY: Derived from 1942 Code § 3105 [Codes, 1906, § 3697; Hemingway’s 1917, § 6388; 1930, § 5864; Repealed, 1970, ch. 506, § 33; repealed by Laws, 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 80; Laws, 1989, ch. 483, § 1; Laws, 1993, ch. 528, § 10, eff from and after August 16, 1993 (the date the United States Attorney General interposed no objection to the amendment of this section).

Editor’s Notes —

The United States Attorney General, by letter dated August 16, 1993, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1993, ch. 528, § 10.

OPINIONS OF THE ATTORNEY GENERAL

A member of a municipal party executive committee may be a candidate for county or state office and remain on said municipal committee without violation of statute. 1992 Miss. Op. Att'y Gen. 369.

There is no apparent authority for county board of supervisors to compensate individual members of party executive committee for the work they perform for their party, including holding primary elections in place of county election commissioners. 1992 Miss. Op. Att'y Gen. 549.

It is the duty of the executive committee of the political party to determine whether an individual is in fact qualified for the office sought and whether the individual should be placed on the ballot for the party primary. 1999 Miss. Op. Att'y Gen. 346.

A court-ordered election is not a “special election” for purposes of determining which election officials are responsible for its operation, thus, the responsibility for managing and operating the election lies with the party executive committees, and not the municipal election commission. 2002 Miss. Op. Att'y Gen. 509.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 90, 91.

JUDICIAL DECISIONS

1. In general.

2. Remedies.

3. Illustrative cases.

1. In general.

Section23-15-263, which provides in part that “the county executive committee at primary elections shall discharge the functions imposed on the county election commissioners . . . and shall be subject to all the penalties to which all county election commissioners are subject,” incorporates the prohibitions of §23-15-217, which provides in part that “a commissioner of election of any county shall not be a candidate for any office at any election for which he may have been elected or with reference with which he as acted as such,” and both sections were enacted to maintain and preserve the integrity of elections and ballot boxes. Thus, a county executive committee member was prohibited from being a candidate in an election which was conducted while he was a member. Breland v. Mallett, 527 So. 2d 629, 1988 Miss. LEXIS 221 (Miss. 1988).

2. Remedies.

Remedial order was proper because it was tailored to specific conduct of a county political party executive committee and its chairman that violated § 2 of the Voting Rights Act, 42 U.S.C.S. § 1973 (reclassified as 52 USCS § 10301), it was not so broad as to deprive the committee and its chairman of their First Amendment rights, and did not prevent the committee from performing its electoral duties under Miss. Code Ann. §23-15-263(1). United States v. Brown, 561 F.3d 420, 2009 U.S. App. LEXIS 4030 (5th Cir. Miss. 2009).

3. Illustrative cases.

Government properly established, for purposes of Fed. R. Civ. P. 52, that a political party executive committee and its chairman violated § 2 of the Voting Rights Act, 42 U.S.C.S. § 1973 (reclassified as 52 USCS § 10301), by intentionally diluting the voting power of white members of the party by obtaining large numbers of defective absentee ballots from black voters, facilitating improper counting of absentee ballots, and permitting improper assistance of black voters, contrary to the requirements of Miss. Code Ann. §§23-15-263,23-15-715, and23-15-549. United States v. Brown, 561 F.3d 420, 2009 U.S. App. LEXIS 4030 (5th Cir. Miss. 2009).

§ 23-15-265. Meeting of county executive committee; appointment of poll managers by committee.

  1. The county executive committee of each county shall meet not less than two (2) weeks before the date of any primary election and appoint the poll managers for same, all of whom may be members of the same political party. The number of poll managers appointed by the county executive committee shall be the same number as election commissioners are allowed to appoint pursuant to Sections 23-15-231 and 23-15-235. If the county executive committee fails to meet on the date named, supra, further notice shall be given of the time and place of meeting.
    1. If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.
    2. If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

HISTORY: Derived from 1942 Code § 3115 [Codes, 1906, § 3707; Hemingway’s 1917, § 6399; 1930, § 5873; Laws, 1962, ch. 565, § 1; repealed, Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 81; Laws, 2001, ch. 523, § 3; Laws, 2017, ch. 441, § 63, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 523.

Amendment Notes —

The 2001 amendment added (2).

The 2017 amendment, in (1), substituted “poll managers” for “managers and clerks” twice and “election commissioners” for “commissioners of election” once; substituted “chair” for “chairman” throughout (2); and made a minor stylistic change.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 86.

CJS.

29 C.J.S., Elections §§ 215–232.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

§ 23-15-266. Executive committee authorized to enter into agreements regarding conduct of elections if certain criteria met.

A county or municipal executive committee shall be eligible to enter into written agreements with a circuit or municipal clerk or a county or municipal election commission as provided for in Section 23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2), only if the political party with which such county or municipal executive committee is affiliated:

Has cast for its candidate for Governor in the last two (2) gubernatorial elections ten percent (10%) of the total vote cast for governor; or

Has cast for its candidate for Governor in three (3) of the last five (5) gubernatorial elections twenty-five percent (25%) of the total vote cast for Governor.

HISTORY: Laws, 2001, ch. 523, § 1, eff June 20, 2001 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the introductory paragraph. The word “Sections” was changed to “Section” preceding “23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2).” The Joint Committee ratified the correction at its August 5, 2008, meeting.

Editor’s Notes —

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws of 2001, ch. 523.

OPINIONS OF THE ATTORNEY GENERAL

Agreements between an election commission and a party executive committee as authorized by the statute for the performance of one or more of various duties, such as training poll workers, appointing poll workers, distributing ballot boxes, having ballots printed, distributing ballots, and/or receiving and canvassing election returns, in connection with primary elections may contain provisions whereby the executive committee agrees to compensate commissioners. 2001 Miss. Op. Att'y Gen. 638.

§ 23-15-267. Primary election ballot boxes; penalty for failure to deliver ballot boxes.

  1. The ballot boxes provided by the election commissioners in each county shall be used in primary elections, and the county executive committees shall distribute them to the voting precincts of the county before the time for opening the polls, in the same manner, as near as may be, as that provided for in general elections.
  2. The boxes shall be securely sealed and locked beginning at the start of voting on election day until the end of voting on election day; and the box shall be kept by one (1) of the poll managers, and the poll manager having the box shall carefully keep it, and neither open it himself or herself nor permit it to be done, nor permit any person to have any access to it throughout voting during election day. The box shall not be removed from the polling place after the polls are open until the polls close and the count is completed.
  3. After each election, the ballot boxes shall be delivered to the clerk of the circuit court of the county for preservation; and he or she shall keep them for future use, and, when called for, deliver them to the election commissioners.
    1. If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
    2. If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
  4. The person, or persons, whose duty it is to comply with the provisions of this section and who shall fail, or neglect, from any cause, to deliver the boxes or any of them as herein provided shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and be imprisoned in the county jail of the residence of the person, or persons, who violates any of the provisions of this section, for a period of not less than thirty (30) days or more than six (6) months, and fined not more than Five Hundred Dollars ($500.00).

HISTORY: Derived from 1942 Code § 3126 [Codes, 1906, § 3712; Hemingway’s 1917, § 6404; 1930, § 5884; Laws, 1910, ch. 208; repealed, Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 82; Laws, 2001, ch. 523, § 4; Laws, 2017, ch. 441, § 64, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 523.

Amendment Notes —

The 2001 amendment designated the formerly undesignated paragraphs as present (1), (2), (3), and (5); and inserted (4).

The 2017 amendment substituted “election commissioners” for “commissioners of election” in (1); rewrote (2), which read: “If an adjournment shall take place after the polls are open and before all votes are counted, the ballot box shall be securely locked so as to prevent the admission into it or the taking of anything from it during the time of adjournment; and the box shall be kept by one of the managers, and the key by another of the managers, and the manager having the box shall carefully keep it, and neither undertake to open it himself or permit it to be done, or to permit any person to have access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are open until the count is completed if as many as three (3) electors qualified to vote at the election object”; rewrote (3), which read: “After each election, the ballot boxes of those provided by the regular commissioner of election shall be delivered, with the keys thereof immediately and as soon thereafter as possible, and without delay to the clerk of the circuit court of the county”; and made gender neutral and minor stylitic changes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 307, 350, 359.

Lawyers’ Edition.

Violation of election laws as “infamous crime” which must be prosecuted by presentment or indictment of grand jury under Fifth Amendment. 2 L. Ed. 2d 1960.

JUDICIAL DECISIONS

1. Irregularities warranting special election.

Failure to secure ballot boxes under Miss. Code Ann. §23-15-911 and the lack of control over the boxes were substantial irregularities that warranted a special election because they were radical departures from Mississippi election law. Waters v. Gnemi, 907 So. 2d 307, 2005 Miss. LEXIS 321 (Miss. 2005).

§ 23-15-269. Repealed.

Repealed by Laws of 2017, ch. 441, § 193, effective on or before July 1, 2017.

§23-15-269. [Derived from 1972 Code §23-5-161 [Codes, 1892, § 3669; 1906, § 4176; Hemingway’s 1917, § 6810; 1930, § 6246; 1942, § 3275; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 83, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-269 provided the penalties for an election commissioner, or any other officer or person acting as such, or performing election duty, who willfully refused or knowingly failed to perform any duty required of him or her by the election laws. For present provisions relating to refusal or neglect to perform duties imposed on election commissioners or registrars by this chapter, see §23-15-93.

§ 23-15-271. Election integrity assurance committee.

  1. The state executive committee of any political party authorized to conduct political party primaries shall form an election integrity assurance committee for each congressional district. The state executive committee shall appoint three (3) of its members to each congressional district election integrity assurance committee. The members so appointed shall be residents of the congressional district for which the election integrity assurance committee is formed. The state executive committee shall name a chair and a secretary from among the members of each committee. The state executive committee shall provide to each circuit and municipal clerk a list of the members of the congressional district integrity assurance committee for the congressional district in which the county or municipality of the clerk is located.
  2. If within sixty (60) days of an election, a county executive committee or a municipal executive committee fails to attend training or perform in a timely manner any of the duties specified in Sections 23-15-239, 23-15-265, 23-15-267, 23-15-333, 23-15-335 and 23-15-597 and there is no written agreement in place between the county or municipal executive committee and the county or municipal election commission or the circuit or municipal clerk pursuant to such sections, or there is such an agreement in place and it is not being executed, the circuit or municipal clerk shall notify the chair and secretary of the congressional district election integrity assurance committee or the chair of the state executive committee of such failure and call upon them to take immediate and appropriate action to ensure that such duties are performed in order to secure the orderly conduct of the primary. Upon receiving the notice, the election integrity assurance committee shall be responsible for conducting any required training and shall be authorized to contract on behalf of the county or municipal executive committee with the county or municipal election commission or the circuit or municipal clerk for the conduct of the primary election.
  3. Nothing in this section shall be construed to authorize the state executive committee or a congressional district election assurance committee to conduct primaries.

HISTORY: Laws, 2001, ch. 472, § 1; Laws, 2017, ch. 441, § 65, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 472.

Amendment Notes —

The 2017 amendment, in (2), inserted “within sixty (60) days of an election” and “attend training or” and substituted “municipal clerk shall notify” for “municipal clerk may notify” in the first sentence, deleted the former second sentence, which read: “Such notification may occur on the last day by which the duties are required to be performed or at such time as the circuit or municipal clerk believes such notification is necessary for the orderly administration of the primary,” and added the last sentence; and made gender neutral and minor stylistic changes.

Article 9. Supervisor’s Districts and Voting Precincts.

§ 23-15-281. Fixing supervisors districts, voting precincts and voting places; purchase of property and construction, repair, renovation, maintenance, etc. of polling places; availability of facilities for use as polling place.

  1. Each county shall be divided into supervisors districts, which shall be the same as those for the election of members of the board of supervisors, and may be subdivided thereafter into voting precincts; and there shall be only one (1) voting place in each voting precinct. Provided, however, that such boundaries, if altered, shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation except county lines and municipal corporate limits. The board of supervisors shall notify the Office of the Secretary of State of the boundary of each supervisors district and voting precinct as then fixed and shall provide the office a legal description and a map of each supervisors district and voting precinct and shall indicate the voting place in each such district. The board of supervisors shall also ensure the legal description and map of each supervisors district is available in the circuit clerk’s office for public inspection.
  2. The board of supervisors is authorized, by order spread upon the minutes of the board setting forth the cost and source of funds therefor, to purchase improved or unimproved property and to construct, reconstruct, repair, renovate and maintain polling places, or to pay to private property owners reasonable rental fees when the property is used as a polling place for a period not to exceed the day immediately preceding the election, the day of the election, and the day immediately following the election. On or before May 1, 2019, the county board of supervisors shall ensure each polling place is accessible to all voters, structurally sound, capable of providing air conditioning and heating and compliant with the Americans with Disabilities Act.
  3. All facilities owned or leased by the state, county, municipality, or school district may be made available at no cost to the board of supervisors for use as polling places to such extent as may be agreed to by the authority having control or custody of these facilities.

HISTORY: Derived from 1972 Code §23-5-9 [Codes, 1880, § 102; 1892, § 3604; 1906, § 4100; Hemingway’s 1917, § 6744; 1930, § 6179; 1942, § 3207; Laws, 1980, ch. 425 § 2; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 84; Laws, 2017, ch. 441, § 66, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in (1), deleted “but the supervisors districts, voting precincts and voting places as now fixed in each county shall remain until altered” from the end of the first sentence, and deleted “no later than April 1, 1987” following “The board of supervisors” in the third sentence, and added the last sentence; added (2) and (3); and made minor stylistic changes.

Cross References —

Boards of supervisors generally, see §§19-3-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Both Democratic and Republican primaries are to be held at regularly designated polling place in each precinct; there is no prescribed distance by which primaries of different parties must be separated. 1992 Miss. Op. Att'y Gen. 465.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8 et seq.

CJS.

29 C.J.S., Elections §§ 137–139.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-9.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-9.

Pressing shop located across street and about 100 feet from a store designated by the county board of supervisors as the voting place in the district, was the proper voting place and the votes cast thereat were valid, where the owner and operator of the store informed one of the election commissioners a day or two before the election that the store could not be used as a voting place, whereupon, it being too late for a special meeting of the board for designating another voting place, the commissioner directed the election managers to hold the election at the pressing shop. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

Fact that pursuant to custom because of size of election district two sets of election managers conducted the election at the voting place instead of one set, did not render the votes cast thereat invalid, where one set of managers sat at one end of a table and received the ballots of persons whose names began with the letters “A” through “L,” and the other set of managers sat at the other end of the table and received the ballots of persons whose names began with “M” through “Z,” each set of managers using a separate ballot box and being assisted by separate clerks, and the ballots were counted and certified to by the respective managers who received them. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

§ 23-15-283. Alteration of boundaries.

  1. The board of supervisors shall have power to alter the boundaries of the supervisors districts, voting precincts and the voting place therein. If the board of supervisors orders a change in the boundaries, they shall notify the election commissioners, who shall at once cause the voter rolls as electronically maintained by the Statewide Elections Management System of voting precincts affected by the order to be changed to conform to the change so as to contain only the names of the qualified electors in the voting precincts as made by the change of boundaries. Upon the order of change in the boundaries of any voting precinct or the voting place therein, the board of supervisors shall notify the Office of the Secretary of State and provide the Office of the Secretary of State a legal description and a map of any boundary change. No change shall be implemented or enforced until the requirements of this section have been met.
  2. Only officials certified by the Secretary of State shall be authorized to implement boundary line changes in the Statewide Elections Management System. The training and certification required under this subsection (2) shall be available to the circuit clerk, county election commissioners or any other individual designated by the board of supervisors to be responsible for implementing boundary line changes into the Statewide Elections Management System.
  3. Any governmental entity authorized to adopt, amend or change boundary lines shall immediately forward all changed boundary lines to the appropriate circuit clerk, who shall, if authorized under subsection (2), implement the boundary line changes in the Statewide Elections Management System. If the circuit clerk is not the appropriate person to implement the boundary line changes, the clerk shall immediately forward a copy of all materials to the appropriate person. Copies of any boundary line changes within the county shall be maintained in the office of the circuit clerk and made available for public inspection. No change shall be implemented or enforced until the requirements of this section have been met.

HISTORY: Derived from 1972 Code §23-5-11 [Codes, 1880, § 110; 1892, § 3605; 1906, § 4111; Hemingway’s 1917, § 6745; 1930, § 6180; 1942, § 3208; Laws, 1980, ch. 425, § 3; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 85; Laws, 2008, ch. 528, § 6; Laws, 2017, ch. 441, § 67, eff from and after July 1, 2017.

Editor’s Notes —

On August 7, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 528.

Amendment Notes —

The 2008 amendment rewrote the section to remove the requirement that altered boundaries conform to visible natural or artificial boundaries, such as streets, etc.

The 2017 amendment, in the second sentence of (1), substituted “election commissioners” for “commissioners of election” and “voter rolls as electronically maintained by the Statewide Elections Management System” for “registration books”; and added (2) and (3).

OPINIONS OF THE ATTORNEY GENERAL

Individual election commissioners may be employed on a part-time basis by the board of supervisors to perform redistricting tasks provided the board determines, consistent with the facts that (1) the work involved is not required to be performed by the registrar or deputy registrar; and (2) the work is over and above the regular statutory duties of the election commissioners. Martin, Jr., 2002 Miss. Op. Att'y Gen. 326.

Failure to file a map or description of the new districts for a county with the Secretary of State’s office does not prohibit the circuit clerk and/or the election commission from implementing the new supervisor, school board, and justice court election district. 2003 Miss. Op. Att'y Gen. 387.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-11.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-11.

Changes by the City of Canton, Mississippi in the locations of polling places and in the municipal boundaries through annexations of adjacent areas were within the requirement of § 5 of the Voting Rights Act of 1965 (42 USC § 1973c [now 52 USCS § 10304]) that states or political subdivisions covered by the Act must obtain approval of voting procedures different from those in effect on November 1, 1964, by obtaining a declaratory judgment as to the nondiscriminatory purpose and effect of the changes from the Federal District Court for the District of Columbia, or by submitting the proposed changes to the United States Attorney General. Perkins v. Matthews, 400 U.S. 379, 91 S. Ct. 431, 27 L. Ed. 2d 476, 1971 U.S. LEXIS 93 (U.S. 1971).

Pressing shop located across street and about 100 feet from a store designated by the county board of supervisors as the voting place in the district, was the proper voting place and the votes cast thereat were valid, where the owner and operator of the store informed one of the election commissioners a day or two before the election that the store could not be used as a voting place, whereupon, it being too late for a special meeting of the board for designating another voting place, the commissioner directed the election managers to hold the election at the pressing shop. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

Fact that pursuant to custom because of size of election district two sets of election managers conducted the election at the voting place instead of one set, did not render the votes cast thereat invalid, where one set of managers sat at one end of a table and received the ballots of persons whose names began with the letters “A” through “L,” and the other set of managers sat at the other end of the table and received the ballots of persons whose names began with “M” through “Z,” each set of managers using a separate ballot box and being assisted by separate clerks, and the ballots were counted and certified to by the respective managers who received them. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

The commissioners of election, under previous statutes, alone had power to change the election districts, and the change of the boundaries of the supervisor’s district did not alter the election district. Perkins v. Carraway, 59 Miss. 222, 1881 Miss. LEXIS 108 (Miss. 1881).

§ 23-15-285. Entry of boundaries and alterations thereto on minutes of board of supervisors; limit on number of voters within each precinct or ballot box.

The board of supervisors shall cause an entry to be made on the minutes of the board at some meeting, as early as convenient, defining the boundaries of the several supervisors districts and voting precincts in the county, and designating the voting place in each voting precinct; and as soon as practicable after any change is made in any supervisors district, voting precinct or any voting place, the board of supervisors shall cause the change to be entered on the minutes of the board in such manner as to be easily understood. The changed boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, with the exception of county lines and municipal corporate limits.

No voting precinct shall have more than five hundred (500) qualified electors residing in its boundaries. Subject to the provisions of this section, each board of supervisors of the various counties of this state shall as soon as practical after January 1, 1987, alter or change the boundaries of the various voting precincts to comply herewith and shall from time to time make such changes in the boundaries of voting precincts so that there shall never be more than five hundred (500) qualified electors within the boundaries of the various voting precincts of this state; provided further, this limitation shall not apply to voting precincts that are so divided, alphabetically or otherwise, so as to have less than five hundred (500) qualified electors in any one (1) box within a voting precinct. However, the limitation of five hundred (500) qualified electors to the voting precinct shall not apply to voting precincts in which voting machines are used at all elections held in that voting precinct. No change in any supervisors district or voting precinct shall take effect less than thirty (30) days before the qualifying deadline for the office of county supervisor. Any change in any boundary of a supervisors district or voting precinct that is approved under the Voting Rights Act of 1965 less than thirty (30) days before such qualifying deadline shall be effective only for an election for county supervisor held in a year following the year in which such change is approved under the Voting Rights Act of 1965. Provided, however, that, with the exception of county lines and municipal corporate limits, such altered boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation.

HISTORY: Derived from 1972 Code §23-5-13 [Codes, 1880, § 103; 1892, § 3606; 1906, § 4112; Hemingway’s 1917, § 6746; 1930, § 6181; 1942, § 3209; Laws, 1964, ch. 509, § 1; Laws, 1980, ch. 425, § 4; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 86; Laws, 2012, ch. 353, § 1; Laws, 2017, ch. 441, § 174, eff from and after July 1, 2017.

Editor’s Notes —

By letter dated October 5, 2012, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 353, Laws of 2012.

Amendment Notes —

The 2012 amendment rewrote the section, which read: “The board of supervisors shall cause an entry to be made on the minutes of the board at some meeting, as early as convenient, defining the boundaries of the several supervisors districts and voting precincts in the county, and designating the voting place in each voting precinct; and as soon as practicable after any alteration shall have been made in any supervisors district or voting precinct, or any voting place changed, shall cause such alteration or change to be entered on the minutes of the board in such manner as to be easily understood; provided, however, that no voting precinct shall have more than five hundred (500) qualified electors residing in its boundaries and the board of supervisors of the various counties of this state shall as soon as practical after the effective date of this section, alter or change the boundaries of the various voting precincts to comply herewith and shall from time to time make such alterations or changes in the boundaries of voting precincts so that there shall never be more than five hundred (500) qualified electors within the boundaries of the various voting precincts of this state; provided further, this limitation shall not apply wherein voting precincts are so divided, alphabetically or otherwise, so as to have less than five hundred (500) qualified electors in any one (1) box within a voting precinct; provided, however, that the limitation of five hundred (500) qualified electors to the voting precinct shall not apply wherein voting machines are used at all elections held in any voting precinct; but no alteration of any supervisor’s district or voting precinct shall take effect within two (2) months before an election to be held in the district or voting precinct. Provided, however, that, with the exception of county lines and municipal corporate limits, such altered boundaries shall conform to visible natural or artificial boundaries such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation.”

The 2017 amendment made a minor stylistic change in the first paragraph.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-13.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-13.

Pressing shop located across street and about 100 feet from a store designated by the county board of supervisors as the voting place in the district was the proper voting place and the votes cast thereat were valid, where the owner and operator of the store informed one of the election commissioners a day or two before the election that the store could not be used as a voting place, whereupon, it being too late for a special meeting of the board for designating another voting place, the commissioner directed the election managers to hold the election at the pressing shop. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

Fact that pursuant to custom because of size of election district two sets of election managers conducted the election at the voting place instead of one set, did not render the votes cast thereat invalid, where one set of managers sat at one end of a table and received the ballots of persons whose names began with the letters “A” through “L,” and the other set of managers sat at the other end of the table and received the ballots of persons whose names began with “M” through “Z,” each set of managers using a separate ballot box and being assisted by separate clerks, and the ballots were counted and certified to by the respective managers who received them. Simmons v. Crisler, 197 Miss. 547, 20 So. 2d 85, 1944 Miss. LEXIS 319 (Miss. 1944).

Article 11. Nominations.

§ 23-15-291. Nomination for state, district, county and county district office to be by primary election.

All nominations for state, district, county and county district officers made by the different parties of this state shall be made by primary elections. All primary elections shall be governed and regulated by the election laws of the state in force at the time the primary election is held.

HISTORY: Derived from 1942 Code § 3105 [Codes, 1906, § 3697; Hemingway’s 1917, § 6388; 1930, § 5864; repealed, Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 87, eff from and after January 1, 1987.

RESEARCH REFERENCES

ALR.

Validity and effect of statutes exacting filing fees from candidates for public office. 89 A.L.R.2d 864.

Am. Jur.

26 Am. Jur. 2d, Elections §§ 199, 223-237.

CJS.

29 C.J.S., Elections §§ 293, 319–375.

JUDICIAL DECISIONS

1. Authority of a political party.

Mississippi law regarding the power to change election procedures supported the position of plaintiffs, the Mississippi Democratic Party and its Executive Committee, that regardless of what actions a political party’s executive committee had taken, they could only act when expressly authorized by Miss. Code Ann. §23-15-291, and the Executive Committee did not have the authority to implement a closed primary with mandatory party registration; thus, although the Executive Committee had not voted to change their qualifications to include membership cards and had not voted to change the primary system to fully closed, the argument by defendants, the Mississippi Governor, Secretary of State, and Attorney General, that the Executive Committee’s failure to pass such measures or obtain preclearance from the Department of Justice pursuant to 42 U.S.C.S. § 1973b(b) [now 52 USCS § 10303], was rejected because the Executive Committee did in fact vote to approve the lawsuit challenging the constitutionality of Mississippi’s primary system. Miss. State Democratic Party v. Barbour, 491 F. Supp. 2d 641, 2007 U.S. Dist. LEXIS 41908 (N.D. Miss. 2007), rev'd, vacated, 529 F.3d 538, 2008 U.S. App. LEXIS 11395 (5th Cir. Miss. 2008).

§ 23-15-293. Voting for and nomination of candidates for state, state district and legislative offices by counties or parts of counties within the districts.

Candidates for state, state district and legislative offices shall be voted for and nominated by all the counties or parts of counties within their respective districts, and all the district nominations shall be under the supervision and control of the state executive committee of the respective political parties, which committees shall discharge in respect to such state district nominations all the powers and duties imposed upon them in connection with nominations of candidates for other state officers.

HISTORY: Derived from 1942 Code § 3147 [Codes, 1906, § 3723; Hemingway’s 1917, § 6414; 1930, § 5900; repealed, Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 88; Laws, 2017, ch. 441, § 68, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “Candidates for state, state district and legislative offices shall be voted for” for “Candidates for state and state district office, and candidates for legislative offices for districts composed of more than one county or parts of more than one county, shall be voted for” and made a minor stylistic change.

§ 23-15-295. Withdrawal of candidate.

When any person has qualified in the manner provided by law as a candidate for party nomination in any primary election, such person shall have the right to withdraw his or her name as a candidate by giving notice of his or her withdrawal in writing to the secretary of the proper executive committee at any time before the printing of the official ballots, and in the event of such withdrawal the name of the candidate shall not be printed on the ballot. When a candidate for party nomination for a state or district office who has qualified with the state executive committee withdraws as a candidate as is herein set forth after the sample of the official ballot has been approved and certified by the state executive committee the secretary or chair of the State Executive Committee shall forthwith notify the county executive committee of each county affected or involved of the fact of the withdrawal and such notification shall authorize the county executive committees to omit the name of the withdrawn candidate from the ballot if such notification is received before the printing of the ballot. In the case of the withdrawal of any candidate, the fee paid by the candidate shall be retained by the state or county executive committee, as the case may be.

HISTORY: Derived from 1972 Code §23-1-31 [Codes, 1942, § 3118.7; Laws, 1952, ch. 294; Laws, 1970, ch. 506, § 4; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 89; Laws, 2017, ch. 441, § 175, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 168-171.

26 Am. Jur. 2d, Elections § 206.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 46 (petition to compel acceptance of qualifying papers and fee as candidate).

§ 23-15-296. Written notification to Secretary of State.

All political parties registered with the Secretary of State shall notify the Secretary of State in writing within two (2) working days of each qualifying deadline of the name, mailing address and office sought of all candidates for statewide, state district and legislative office who have submitted qualifying papers to the political party on or before the qualifying deadline, and all political parties shall notify the Secretary of State of any such candidate who withdraws his candidacy within two (2) working days of receiving written notice of the withdrawal.

HISTORY: Laws, 1999, ch. 301, § 6; Laws, 2010, ch. 320, § 1, eff July 15, 2010 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).

Editor’s Notes —

Laws of 1999, ch. 301, was House Bill 1609, 1998 Regular Session, and originally passed both Houses of the Legislature on April 3, 1998. The Governor vetoed House Bill 1609 on April 17, 1998. The veto was overridden by the State Senate and House of Representatives on January 5, 1999.

On January 15, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 1999, ch. 301, § 6.

By letter dated July 15, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2010, ch. 320, § 1.

Amendment Notes —

The 2010 amendment deleted “multicounty” following “state district and”; and deleted the former last sentence.

Cross References —

Deadlines for payment of the amounts specified in this section and officers to whom such amounts are to be paid, see §23-15-299.

Provision that petitions requesting that a person be a candidate for office be filed by the date on which candidates for nominations in primary elections are required to pay the fee provided for in this section, see §23-15-359.

Federal Aspects—

Federal election campaigns – disclosure of federal campaign funds, see 52 USCS § 30101 et seq.

Federal election campaigns – general provisions, see 52 USCS § 30141 et seq.

JUDICIAL DECISIONS

1. Due process.

Political party violated a candidate’s due process because, by not timely telling the candidate the party found the candidate’s petition to be put on a primary ballot insufficient or timely answering the candidate’s request to reconsider, the party gave the candidate no meaningful chance to be heard when the deprivation could be prevented, as the deadline for overseas and military ballots had passed. Wilson v. Hosemann, 185 So.3d 370, 2016 Miss. LEXIS 95 (Miss. 2016).

§ 23-15-297. Fee required to be paid upon entering race for party nomination.

All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election and all independent candidates and special election candidates shall pay to the proper officer as provided for in Section 23-15-299 the following amounts:

Candidates for Governor, One Thousand Dollars ($1,000.00).

Candidates for Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Auditor of Public Accounts, Commissioner of Insurance, Commissioner of Agriculture and Commerce, State Highway Commissioner and State Public Service Commissioner, Five Hundred Dollars ($500.00).

Candidates for district attorney, State Senator and State Representative, Two Hundred Fifty Dollars ($250.00).

Candidates for sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, One Hundred Dollars ($100.00).

Candidates for county surveyor, county coroner, justice court judge and constable, One Hundred Dollars ($100.00).

Candidates for United States Senator, One Thousand Dollars ($1,000.00).

Candidates for United States Representative, Five Hundred Dollars ($500.00).

HISTORY: Derived from 1972 Code §23-1-33 [Codes, 1906, § 3718; Hemingway’s 1917, § 6410; 1930, § 5878; 1942, § 3120; Laws, 1936, ch. 326; Laws, 1962, ch. 566, § 1; Laws, 1970, ch. 508, § 1; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 90; Laws, 1987, ch. 499, § 2; Laws, 1994, ch 564, § 89; Laws, 1996, ch. 301, § 2; Laws, 2016, ch. 380, § 1, eff from and after July 1, 2016.

Editor’s Notes —

Section7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14, Laws of 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor”, and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear. Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear. Subsequently, Laws of 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

The United States Attorney General, by letter dated September 6, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 564, § 89.

On January 25, 1996, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1996, ch. 301, § 2.

Amendment Notes —

The 2016 amendment inserted “and all independent candidates . . . provided for in Section 23-15-299” in the introductory paragraph; rewrote (a) through (g) to increase the fees candidates are required to pay upon entering the race for party nomination for certain offices, to insert “State Senator and State Representative” in (c), and to delete “State Senator, State Representative” following “Candidates for” in (d).

Cross References —

Deadlines for payment of the amounts specified in this section, and officers to whom such amounts are to be paid, see §23-15-299.

Provision that petitions requesting that a person be a candidate for office be filed by the date on which candidates for nominations in primary elections are required to pay the fee provided for in this section, see §23-15-359.

OPINIONS OF THE ATTORNEY GENERAL

Candidates entering race for party nominations for appellate court judge pay $200 fee to secretary of appropriate state executive committee. 1993 Miss. Op. Att'y Gen. 572.

RESEARCH REFERENCES

ALR.

Validity and effect of statutes exacting filing fees from candidates for public office. 89 A.L.R.2d 864.

Am. Jur.

26 Am. Jur. 2d, Elections § 264.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 46 (petition to compel acceptance of qualifying papers and fee as candidate).

CJS.

29 C.J.S., Elections §§ 326–329.

§ 23-15-299. Time for payment of fee; written statement to accompany fee; recordation and disbursement of fee; determination of candidate’s qualifications; declaration of nominee in single candidate race.

    1. Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (1)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
    2. Assessments made pursuant to paragraphs (a), (b) and (c) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (1)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
    1. Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297, shall be paid by each candidate who seeks a nomination in the political party election to the circuit clerk of that candidate’s county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (2)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county executive committee within two (2) business days. No candidate may attempt to qualify with any political party that does not have a duly organized county executive committee, and the circuit clerk shall not accept any assessments paid for nonlegislative offices pursuant to paragraphs (d) and (e) of Section 23-15-297 if the circuit clerk does not have contact information for the secretary of the county executive committee for that political party.
    2. Assessments made pursuant to paragraphs (d) and (e) of Section 23-15-297 shall be paid by each independent candidate or special election candidate to the circuit clerk of that candidate’s county of residence by 5:00 p.m. on March 1 of the year in which the primary election for the office is held or on the date of the qualifying deadline provided by statute for the office, whichever is earlier; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If March 1 or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (2)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday. The circuit clerk shall forward the fee and all necessary information to the secretary of the proper county election commission within two (2) business days.
    1. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each candidate who seeks a nomination in the political party election to the secretary of the state executive committee with which the candidate is affiliated by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (3)(a) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
    2. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297 must be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. Assessments made pursuant to paragraphs (f) and (g) of Section 23-15-297, in years when a presidential preference primary is not being held, shall be paid by each independent candidate or special election candidate to the Secretary of State by 5:00 p.m. on March 1 of the year in which the primary election for the office is held; however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held. If sixty (60) days before the presidential preference primary in years in which a presidential preference primary is held, March 1, or the date of the qualifying deadline provided by statute for the office occurs on a Saturday, Sunday or legal holiday, then the assessments required to be paid by this paragraph (3)(b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
    1. The fees paid pursuant to subsections (1), (2) and (3) of this section shall be accompanied by a written statement containing the name and address of the candidate, the party with which he or she is affiliated, if applicable, the email address of the candidate, if any, and the office for which he or she is a candidate.
    2. The state executive committee shall transmit to the Secretary of State a copy of the written statements accompanying the fees paid pursuant to subsections (1) and (2) of this section. All copies must be received by the Office of the Secretary of State by not later than 6:00 p.m. on the date of the qualifying deadline; provided, however, the failure of the Office of the Secretary of State to receive such copies by 6:00 p.m. on the date of the qualifying deadline shall not affect the qualification of a person who pays the required fee and files the required statement by 5:00 p.m. on the date of the qualifying deadline. The name of any person who pays the required fee and files the required statement after 5:00 p.m. on the date of the qualifying deadline shall not be placed on the primary election ballot or the general election ballot.
  1. The Secretary of State or the secretary or circuit clerk to whom such payments are made shall promptly receipt for same stating the office for which the candidate making payment is running and the political party with which he or she is affiliated, if applicable, and he or she shall keep an itemized account in detail showing the exact time and date of the receipt of each payment received by him or her and, where applicable, the date of the postmark on the envelope containing the fee and from whom, and for what office the party paying same is a candidate.
  2. The secretaries of the proper executive committee shall hold the funds to be finally disposed of by order of their respective executive committees. The funds may be used or disbursed by the executive committee receiving same to pay all necessary traveling or other necessary expenses of the members of the executive committee incurred in discharging their duties as committee members, and of their secretary and may pay the secretary such salary as may be reasonable. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
  3. Upon receipt of the proper fee and all necessary information, the proper executive committee or the Secretary of State, whichever is applicable, shall then determine at the time of the qualifying deadline, unless otherwise provided by law, whether each candidate is a qualified elector of the state, state district, county or county district which they seek to serve, and whether each candidate meets all other qualifications to hold the office he or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office. The proper executive committee or the Secretary of State, whichever is applicable, shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The committee or the Secretary of State, whichever is applicable, shall also 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 the offense also involved misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. If the proper executive committee or the Secretary of State, whichever is applicable, finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he or she seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove that he or she meets all qualifications to hold the office subject to no contingencies, then the name of that candidate shall not be placed upon the ballot. If the proper executive committee or the Secretary of State, whichever is applicable, 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.

    Where there is but one (1) candidate for each office contested at the primary election, the proper executive committee or the Secretary of State, whichever is applicable, when the time has expired within which the names of candidates shall be furnished shall declare such candidates the nominees.

  4. No candidate may qualify by filing the information required by this section by using the Internet.

HISTORY: Derived from 1942 Code § 3118 [Codes, 1906, § 3715; Hemingway’s 1917, § 6407; 1930, § 5876; Laws, 1928, ch. 128; Laws, 1944, ch. 172; Laws, 1947, 1st Ex Sess, ch. 14; Laws, 1948, ch. 307; Laws, 1960, ch. 477; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346], and § 3121 [Codes, 1930, § 5879; Laws, 1944, ch. 170; Laws, 1947, 1st Ex. Sess. ch 18; Laws, 1962, chs. 566, 567; Laws, 1976, ch. 481, § 2; repealed by Laws, 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 91; Laws, 1987, ch. 499, § 3; Laws, 2000, ch. 592, § 3; Laws, 2003, ch. 428, § 1; Laws, 2006, ch. 574, § 14; Laws, 2007, ch. 604, § 2; Laws, 2016, ch. 380, § 2; Laws, 2017, ch. 441, § 69, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated September 6, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 564, § 90.

On January 25, 1996, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1996, ch. 301, § 1.

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

The United States Attorney General, by letter dated June 9, 2003, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2003, ch. 428, § 1.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 14.

On September 10, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 604.

Amendment Notes —

The 2000 amendment inserted the proviso in (2); in (3), deleted “on Friday, January 26, 1996, for the presidential preference primary in 1996 and must be paid” following the first instance of “5:00 p.m.,” and substituted “in years in which a presidential preference primary is held ” for “the year after 1996”; added (4)(b); rewrote (7); and added (8).

The 2003 amendment added (1)(b), and redesignated former (1) as present (1)(a).

The 2006 amendment added “however, no such assessments may be paid before January 1 of the year in which the primary election for the office is held” to the end of (1)(a), (1)(b), and at the end of the first and last sentences in (3); and made a minor stylistic change.

The 2007 amendment provides for three versions of the section, in the second version, which, from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, will be effective until July 1, 2008, substituted “2010 census redistricting information that is provided to the state in accordance with federal Public Law 94-171” for “2010 federal decennial census”; and in the third version, which, from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, will be effective from and after July 1, 2008, substituted “2010 census redistricting information that is provided to the state in accordance with Public Law 94-171” for “2010 federal decennial census”, and added the second and last sentences in the first paragraph of (7).

The 2016 amendment, in (1), deleted “and assessments made pursuant to paragraph (d) of Section 23-15-297 for legislative offices” preceding “shall be paid by each candidate” and inserted “who seeks a nomination in the political party election” thereafter in (a), and rewrote (b), which provided a special qualifying deadline for legislative offices for 2011 in the event that 2010 census redistricting information was received late; in (2), deleted “other than assessments made for legislative offices” preceding “shall be paid by each candidate” and inserted “who seeks a nomination in the political party election” thereafter in (a) and added (b); in (3), inserted “who seeks a nomination in the political party election” both times it appears in (a), and added (b); in (4), inserted “if applicable” in (a) and added “or the general election ballot” at the end; in (5), inserted “of State or the secretary” and “if applicable”; added the last sentence of (6); and in (7), inserted “or the Secretary of State, whichever is applicable” wherever it appears, inserted “proper” in the second sentence and “also” in the third sentence, and made gender neutral changes.

The 2017 amendment added the last sentence of (1)(a), the last sentence of (1)(b), the second and last sentences of (2)(a), the next-to-last sentence of (2)(b), the last sentence of (3)(a) and the last sentence of (3)(b); inserted “the email address of the candidate, if any” in (4)(a); in (7), inserted “at the time of the qualifying deadline, unless otherwise provided by law” in the first sentence, and rewrote the former fifth sentence, which read: “If the proper executive committee or the Secretary of State, whichever is applicable, finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (c) 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” and divided it into the present fifth, sixth and seventh sentences; and made gender neutral and minor stylistic changes.

Cross References —

Provision that, upon entering a race for a party nomination for office, a candidate shall pay a specified sum to the officer designated in this section, see §23-15-297.

Provision that fees which are received from candidates for nominations to municipal office and which are paid over to a municipal executive committee may be used in the same manner as is allowed in this section in regard to other executive committees, see §23-15-313.

OPINIONS OF THE ATTORNEY GENERAL

In order to qualify for a multi-district legislative office, candidates must qualify with the secretary of the state executive committee of their chosen party by 5:00 p.m. on March 1, and, if candidates intend to run in a single county legislative district, they must qualify with the circuit clerk of their home county by 5:00 p.m. on March 1; there are no statutory provisions that allow any exceptions or extensions to these deadlines. 1999 Miss. Op. Att'y Gen. 161.

It is the duty of the executive committee of the political party to determine whether an individual is in fact qualified for the office sought and whether the individual should be placed on the ballot for the party primary. 1999 Miss. Op. Att'y Gen. 346.

When March 1, falls on a Saturday, rather than designating a date other than that required by the statute, all those officials authorized to accept candidate qualification papers must open their offices and be available for that purpose on that date until 5:00 p.m., regardless of whether that office is normally open on that day of the week. 2003 Miss. Op. Att'y Gen. 12.

Once it is determined by the proper executive committee, that a particular candidate meets the eligibility requirements of the above quoted statute, his or her name must be placed on the primary ballot; any finding by said committee that a candidate is not loyal to the political party conducting the primary would not authorize the committee to refuse to place that candidate’s name on the primary ballot. 2003 Miss. Op. Att'y Gen. 15.

If a party executive committee refuses to place a candidate’s name on the primary ballot, the candidate may file a complaint in circuit court asking that the committee be enjoined to place his or her name on the ballot; the time frame for obtaining such an injunction would be prior to the printing of the official ballots. 2003 Miss. Op. Att'y Gen. 15.

If a party executive committee makes the factual determination that a particular candidate is disloyal to the party and refuses to place said candidate’s name on the ballot, a circuit judge when properly presented with the issue may rule on the legality of basing the decision to disqualify the candidate on the ground of party loyalty. 2003 Miss. Op. Att'y Gen. 15.

If the local party refuses to qualify a candidate, the challenge would be heard by the circuit court of the county wherein the executive committee sits. 2003 Miss. Op. Att'y Gen. 15.

A firefighter, or any other employee, who works a shift of twenty-four consecutive hours, exhausts three days of paid leave for each absence resulting from military service described in Miss. Code Ann. §33-1-21, and is therefore entitled to be paid for up to five twenty-four hour shifts as the equivalent of the fifteen days paid leave authorized in the statute. 2007 Miss. Op. Att'y Gen. 147, 2007 Miss. AG LEXIS 63.

An expenditure of funds received from candidate qualifications could lawfully be made for the purchase of a laptop computer if a party executive committee as a whole determines, consistent with the facts, that the purchase constitutes an expense incurred in the discharge of the duties of members of the executive committee or their secretaries. 2007 Miss. Op. Att'y Gen. 143, 2007 Miss. AG LEXIS 114.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 232, 255.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 46 (petition to compel acceptance of qualifying papers and fee as candidate).

CJS.

29 C.J.S., Elections §§ 326–329.

JUDICIAL DECISIONS

1. Residency not established.

2. Illustrative cases.

1. Residency not established.

Candidate and his wife claimed that they were residents of the judicial district for which the candidate sought office, however the candidate and his wife owned two homes and the record revealed that the candidate and his wife spent five days a week at their second home, which was located outside of the judicial district; the candidate was therefore unqualified to run for office in the judicial district. Garner v. State Democratic Exec. Comm., 956 So. 2d 906, 2007 Miss. LEXIS 327 (Miss. 2007).

Candidate was not qualified to run for the House of Representatives under Miss. Code Ann. §23-15-299(7) because he had not lived in the district for two years prior to the elections as required by Miss. Const. art. 4, § 41; the candidate worked outside of the district, and until his separation the candidate lived in a marital house that was outside of the district and for which he tried to claim a homestead exemption. Edwards v. Stevens, 963 So. 2d 1108, 2007 Miss. LEXIS 314 (Miss. 2007).

Because a candidate for the Mississippi Senate was unable to establish “without contingencies” and with “absolute proof” that residency in a certain district would have been established by the time of an election, a political party and its executive committee properly declined to place the candidate’s name on the ballot; evidence of a purchase contract for a home in the district was insufficient because the sale could have fallen through. Cameron v. Miss. Republican Party, 890 So. 2d 836, 2004 Miss. LEXIS 285 (Miss. 2004).

2. Illustrative cases.

Circuit court did not commit manifest error in determining that a state senate candidate changed his domicile from Benton County to Marshall County. The candidate had provided absolute proof, subject to no contingencies, that he would meet the qualifications on or before the date of the general or special election at which he could be elected. Hale v. State Democratic Exec. Comm., 168 So.3d 946, 2015 Miss. LEXIS 376 (Miss. 2015).

Where a former chancellor had been subject to discipline in the last year of his term, and five years later ran as a candidate for district attorney, the procedure for determining electoral candidates’ qualifications under Miss. Code Ann. §23-15-299(7) was controlling, and the former chancellor was disqualified as a candidate, because the evidence showed the chancellor was not a “practicing attorney,” on or before the date of the general election as required by Miss. Code Ann. §25-31-1. Grist v. Farese, 860 So. 2d 1182, 2003 Miss. LEXIS 452 (Miss. 2003).

§ 23-15-301. Payment of election expenses.

All the expenses of printing the tickets or primary election ballots, for necessary stationery, and for paying the managers, clerks and returning officer of every primary election authorized by this chapter held in any county shall be paid by the board of supervisors of such county out of the general funds of the county, but such officers of primary elections shall receive only such compensation as is authorized by Section 23-15-227 to be paid managers, clerks and returning officer for like services in holding elections thereunder. However, this section shall not apply to the expenses of a primary election held by any political party which at either of the last two (2) preceding general elections for the office of Governor or either of the last two (2) preceding national elections for President of the United States did not vote as many as twenty percent (20%) of the total vote cast in the entire state.

HISTORY: Derived from 1972 Code §23-1-67 [Codes, 1906, § 3718; Hemingway’s 1917, § 6410; 1930, § 5877; 1942, § 3119; Laws, 1966, ch. 610, § 1; Laws, 1970, ch. 507, § 1; repealed 1970, ch. 506, § 33; Laws, 1972, ch. 366, § 1; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 92, eff from and after January 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

This statute does not authorize any payment to a political party or its executive committee other than those listed, i.e., the expenses of printing tickets or ballots, necessary stationery, and of paying the managers, clerks and returning officer. 1991 Miss. Op. Att'y Gen. 926.

There is no apparent authority for county board of supervisors to compensate individual members of party executive committee for the work they perform for their party, including holding primary elections in place of county election commissioners. 1992 Miss. Op. Att'y Gen. 549.

Since programming DRE units is the equivalent of printing ballots and is an expense to be borne by the county under Section 23-15-301, a circuit clerk or election commissioner who enters an agreement to perform that task with an executive committee would be entitled to compensation in an amount agreed upon by the two parties and approved by the county board of supervisors. 2006 Miss. Op. Att'y Gen. 191.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 159.

§ 23-15-303. Each political party or organization to hold independent primary election.

When two (2) or more political parties or political organizations are holding primary elections, each shall be conducted entirely independent of the other but at the same time.

HISTORY: Derived from 1942 Code § 3127 [Codes, 1930, § 5885; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 93; Laws, 2017, ch. 441, § 70, eff from and after passage (approved Apr. 18, 2017).

Editor’s Notes —

Laws of 2017, ch. 441, § 205 provides:

“SECTION 205. This act shall take effect and be in force from and after July 1, 2017, except for Sections 3, 9, 13, 14, 15, 18, 19, 21, 24, 31, 70, 108, 115, 116, 117, 118, 119, 184 and 188, which shall take effect and be in force from and after passage [approved April 18, 2017].”

Amendment Notes —

The 2017 amendment, effective April 18, 2017, deleted the second paragraph, which read: “The board of supervisors or the supervisor of the district in which the voting precinct is located shall have authority, and it is made its and his duty when requested, to specifically designate the respective places where the precinct election of each party shall be held where there may be a dispute as to the room or exact place for holding such precinct elections.”

OPINIONS OF THE ATTORNEY GENERAL

Democratic and Republican primaries held on the same day are two separate and distinct elections. 2000 Miss. Op. Att'y Gen. 667.

A registrar must be actually employed in assisting election commissioners or party executive committees, either personally or through a deputy, for a minimum of five hours during a day or for a minimum of five hours accumulated over two or more days in order to claim a per diem; if a registrar, either personally or through a deputy, is actually employed in assisting both the democratic and republican executive committees for the requisite period during the same day, he or she would be entitled to claim two per diems. 2000 Miss. Op. Att'y Gen. 667.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 223, 224.

§ 23-15-305. Majority vote required for nomination; run-off elections.

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.

HISTORY: Derived from 1972 Code §23-3-69 [Codes, 1942, § 3194; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; en, Laws, 1986, ch. 495, § 94, eff from and after January 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

If the candidate with the most votes or the candidate with the second most votes declines to enter the runoff, the candidate with the next highest votes would be entitled to have his name placed on the runoff ballot. 2002 Miss. Op. Att'y Gen. 676.

Where a candidate received more than half of the total votes cast for all three candidates in a primary election, he had a majority of the votes as contemplated by this section and §23-15-191. 2003 Miss. Op. Att'y Gen. 453.

RESEARCH REFERENCES

ALR.

Validity of Runoff Voting Election Methodology. 67 A.L.R.6th 609.

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 45 (petition to compel declaration as candidate).

§ 23-15-307. Nomination as condition of being placed on general election ballot and holding office.

The name of any candidate shall not be placed upon the official ballot in general elections as a party nominee who is not nominated as herein provided, and the election of any party nominee who shall be nominated otherwise than as provided in this chapter shall be void and he or she shall not be entitled to hold the office to which he or she may have been elected.

HISTORY: Derived from 1942 Code § 3156 [Codes, 1906, § 3721; Hemingway’s 1917, § 6413; 1930, § 5909; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 95; Laws, 2017, ch. 441, § 71, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment deleted the former last sentence, which read: “No political party shall be entitled to recognition, as such, in the appointment of the county or precinct election officers, unless it has made its nominations as herein provided”; and made gender neutral changes.

RESEARCH REFERENCES

Am. Jur.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 93 (petition to require omission of name of ineligible candidate from ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

§ 23-15-309. Nomination for elective municipal office to be made at primary election; fee requirements; determination of candidate’s qualifications.

  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 sixty (60) days before the first primary election, no later than 5:00 p.m. on such deadline day. If the sixtieth day to file the fee and written statement before an election falls on a Sunday or legal holiday, the fees and written statements submitted on the business day immediately following the Sunday or legal holiday shall be accepted.
  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 or she is affiliated, the email address of the candidate, if any, and the office for which he or she 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 or her, 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. No candidate may attempt to qualify with any political party that does not have a duly organized municipal executive committee, and the municipal clerk shall not accept any assessments made pursuant to subsection (1) if the municipal clerk does not have contact information for the secretary of the municipal executive committee for that political party. The clerk shall promptly supply all necessary information and pay over all fees so received to the secretary of the proper municipal executive committee. The 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 shall then determine, at the time of the qualifying deadline, 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 or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to 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 or her office or money coming into his or her hands by virtue of the office. If the proper municipal executive committee finds that a candidate either (a) does not meet all qualifications to hold the office he or she seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (b) has been convicted of a felony as described in this subsection and not pardoned, then the executive committee shall notify the candidate and give the candidate an opportunity to be heard. The executive committee shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he or she meets all qualifications to hold the office subject to no contingencies, 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.

HISTORY: Derived from 1942 Code § 3152 [Codes, 1906, § 3726; Hemingway’s 1917, § 6417; 1930, § 5905; Laws, 1910, ch. 209; Laws, 1950, ch. 499; Laws, 1952 ch. 379; Laws, 1982, chs. 477, § 3, 484, § 1; repealed by Laws, 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 96; Laws, 1987, ch. 499, § 4; Laws, 2000, ch. 549, § 1; Laws, 2000, ch. 592, § 4; Laws, 2007, ch. 604, § 3; brought forward without change, Laws, 2016, ch. 380, § 7; Laws, 2017, ch. 441, § 72, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 1 of ch. 549, Laws of 2000, effective from and after the date said ch. 549 is effectuated under Section 5 of the Voting Rights Act of 1965, amended this section. Section 4 of ch. 592, Laws of 2000, effective from and after the date said ch. 592 is effectuated under Section 5 of the Voting Rights Act of 1965, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the June 29, 2000 meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in (4) by adding “then the name of such candidate shall not be placed upon the ballot” at the end of the next-to-last sentence. The Joint Committee ratified the correction at the August 15, 2017, meeting of the Committee.

Editor’s Notes —

Laws of 1987, ch. 499, § 20, provides as follows:

“SECTION 20. If any section, paragraph, sentence, clause or phrase of this act is declared to be unconstitutional or void, or for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses or phrases shall be in no manner affected thereby but shall remain in full force and effect.”

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, chs. 549 and 592.

On September 10, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 604.

Amendment Notes —

The first 2000 amendment (ch. 549) substituted “sixty (60) days” for “thirty (30) days” in (1).

The second 2000 amendment (ch. 592) rewrote (4).

The 2007 amendment added the second and last sentences of (4) in the third version, which, from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, will be effective from and after July 1, 2008.

The 2016 amendment brought the section forward without change.

The 2017 amendment added the last sentence of (1); inserted “the email address of the candidate, if any” in (2); added the third sentence of (3); in (4), inserted “at the time of the qualifying deadline” in the first sentence, substituted “the executive committee shall notify the candidate and give the candidate an opportunity to be heard” for “the name of such candidate shall not be place upon the ballot” at the end of the fifth sentence, and added the sixth and seventh sentences; and made gender neutral and minor stylistic changes.

Cross References —

Provision that a municipal general election ballot shall contain the names of persons who have been requested to be candidates by petition filed no later than the date on which candidates for nomination in the municipal primary elections are required to pay the fee provided for in this section, see §23-15-361.

OPINIONS OF THE ATTORNEY GENERAL

There is no specific prohibition against a county executive committee member from serving as a municipal election commissioner, but it would give the appearance of impropriety for a municipal election commissioner to be identified with a particulars group of nominees. 1998 Miss. Op. Att'y Gen. 803.

A party executive committee must be in place on the qualifying deadline so that the municipal clerk can “promptly” turn the fees and statements of intent over to said committee. 2001 Miss. Op. Att'y Gen. 123.

The statute clearly contemplates that a municipal party executive committee be in place at the time a potential candidate files his statement of intent and pays the filing fee; however, if a clerk has accepted one or more potential candidate’s statement of intent and filing fee at a time when no committee is in place and a legitimate temporary committee is subsequently formed prior to the qualifying deadline, such temporary committee could proceed to review the potential candidates’ qualifications and conduct a party primary and/or certify unopposed candidates as the party’s nominees. 2001 Miss. Op. Att'y Gen. 155.

Since municipal party executive committees are statutorily charged with the responsibility of conducting municipal primaries in accordance with state law, membership on said committees constitutes serving in a position of public trust. 2002 Miss. Op. Att'y Gen. 597.

Potential candidates for membership on a municipal party executive committee are subject to the provisions of Section 44 of the Constitution and this section as they pertain to criminal convictions. 2002 Miss. Op. Att'y Gen. 597.

If a municipal party executive committee finds that a potential candidate for membership on said committee who has filed his or her statement of intent has been convicted of any felony covered by Section 44 of the Constitution and this section, said committee could not lawfully qualify that individual as a candidate. 2002 Miss. Op. Att'y Gen. 597.

A party executive committee has no authority to disqualify or refuse to certify a candidate upon its finding that the candidate misused or abused his office or money coming into his hands by virtue of his office unless there is a felony conviction relating to such alleged misconduct. 2005 Miss. Op. Att'y Gen. 176.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 223-237, 264.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 45 (petition to compel declaration as candidate).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 46 (petition to compel acceptance of qualifying papers and fee as candidate).

CJS.

29 C.J.S., Elections §§ 200-235.

§ 23-15-311. Payment of municipal primary election expenses.

All the expenses of printing the tickets, paying the poll managers, clerks and returning officer of a municipal primary election shall be paid by the municipality from the general funds thereof, but such officers of primary elections shall receive only such compensation as is authorized by law or ordinance to be paid poll managers, clerks and returning officer for like services rendered in the general elections held in the municipality.

HISTORY: Derived from 1972 Code §23-1-65 [Codes, 1930, § 5906; 1942, § 3153; Laws, 1970, ch. 506, § 19; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 97; Laws, 2017, ch. 441, § 73, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “poll” twice; substituted “general elections” for “final and regular elections”; and made a minor stylistic change.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 159.

§ 23-15-313. Selection of temporary executive committee in municipality not having party executive committee; notice to public; county executive committee to serve as municipal executive committee under certain circumstances; person convicted of felony barred from serving as member of municipal executive committee.

  1. If there be any political party, or parties, in any municipality which shall not have a party executive committee for such municipality, such political party, or parties, shall within thirty (30) days of the date for which a candidate for a municipal office is required to qualify in that municipality select qualified electors of that municipality and of that party’s political faith to serve on a temporary municipal executive committee until members of a municipal executive committee are elected at the next regular election for executive committees.The temporary municipal executive committee shall be selected in the following manner:The chairman of the county executive committee of the party desiring to select a temporary municipal executive committee shall call, upon petition of five (5) or more members of that political faith, a mass meeting of the qualified electors of their political faith who reside in such municipality to meet at some convenient place within such municipality, at a time to be designated in the call, and at such mass convention the members of that political faith shall select a temporary municipal executive committee which shall serve until members of a municipal executive committee are elected at the next regular election for executive committees.The public shall be given notice of such mass meeting as provided in Section 23-15-315.The chairman of the county executive committee shall authorize the call within five (5) calendar days of receipt of the petition.If the chairman of the county executive committee is either incapacitated, unavailable or nonresponsive and does not authorize the mass call within five (5) calendar days of receipt of the petition, any elected officer of the county executive committee may authorize the call within five (5) calendar days.If no elected officer of the county executive committee acts to approve such petition after an additional five (5) calendar days from the date, the chair of the county executive committee not taking action as provided by this section, the petitioners shall be authorized to produce the call themselves.
  2. If no municipal executive committee is selected or otherwise formed before an election, the county executive committee may serve as the temporary municipal executive committee and exercise all of the duties of the municipal executive committee for the municipal election.After a county executive committee has fulfilled its duties as the temporary municipal executive committee, as soon as practicable thereafter, the county executive committee shall select a municipal executive committee no later than before the next municipal election.
  3. A person who has been convicted of a felony in a court of this state or any other state or a court of the United States, shall be barred from serving as a member of a municipal executive committee.

HISTORY: Derived from 1942 Code § 3154 [Codes, Hemingway’s 1917, §§ 6418, 6419; 1930, § 5907; Laws, 1910, ch. 209; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 98; Laws, 2010, ch. 428, § 1, eff July 22, 2010 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).

Editor’s Notes —

By letter dated July 22, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2010, ch. 428, § 1.

Amendment Notes —

The 2010 amendment rewrote the section, revising how citizens of a municipality are chosen to serve on a temporary municipal executive committee and barring persons who have been convicted of a felony from serving on a municipal executive committee.

OPINIONS OF THE ATTORNEY GENERAL

The statute clearly contemplates that a municipal party executive committee be in place at the time a potential candidate files his statement of intent and pays the filing fee; however, if a clerk has accepted one or more potential candidate’s statement of intent and filing fee at a time when no committee is in place and a legitimate temporary committee is subsequently formed prior to the qualifying deadline, such temporary committee could proceed to review the potential candidates’ qualifications and conduct a party primary and/or certify unopposed candidates as the party’s nominees. 2001 Miss. Op. Att'y Gen. 155.

In order for a political party to have nominees whose names are to be placed on the municipal general election ballot, there must be either a permanent municipal executive committee representing the party or a temporary committee representing said party. 2005 Miss. Op. Att'y Gen. 153.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections § 86.

CJS.

29 C.J.S., Elections §§ 215–232.

§ 23-15-315. Publication of notice to public.

The county executive committee chairman shall publish a copy of his call for a meeting in some newspaper published at least once per week in the municipality affected for three (3) weeks preceding the date set for the mass convention, or if there be no newspaper published in the municipality, then in some newspaper having general circulation in the municipality and by posting notices continuously in three (3) public places in the municipality, one (1) of which shall be city hall or be the regular location where the municipal governing authority meets to conduct business not less than three (3) weeks before the date for the mass convention.

HISTORY: Derived from 1942 Code § 3155 [Codes, Hemingway’s 1917, § 6420; 1930, § 5908; Laws, 1910, ch. 209; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 99; Laws, 2010, ch. 428, § 2; Laws, 2013, ch. 391, § 2, eff August 1, 2013 (the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965).

Editor’s Notes —

The effective date of Chapter 391, Laws of 2013, which amended this section, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 391, Laws of 2013, to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated August 1, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 391 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 391, so Chapter 391 became effective from and after August 1, 2013, the date of the United States Attorney General’s response letter.

By letter dated July 22, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2010, ch. 428, § 2.

Amendment Notes —

The 2010 amendment deleted “chairman of the” preceding “county executive committee”; inserted “then in some newspaper having general circulation in the municipality and,” and “one (1) of which shall be city hall or be the regular location where the municipal governing authority meets to conduct business”; and made minor stylistic changes.

The 2013 amendment inserted “chairman” following “county executive committee,” “at least once per week” and “continuously” following “municipality and by posting notices.”

OPINIONS OF THE ATTORNEY GENERAL

The statute clearly contemplates that a municipal party executive committee be in place at the time a potential candidate files his statement of intent and pays the filing fee; however, if a clerk has accepted one or more potential candidate’s statement of intent and filing fee at a time when no committee is in place and a legitimate temporary committee is subsequently formed prior to the qualifying deadline, such temporary committee could proceed to review the potential candidates’ qualifications and conduct a party primary and/or certify unopposed candidates as the party’s nominees. 2001 Miss. Op. Att'y Gen. 155.

§ 23-15-317. Nomination of nominee when vacancy in nomination occurs between primary election and general election; procedure for withdrawal based upon legitimate nonpolitical reason.

If any person nominated for office in a primary election shall die, be removed after his or her nomination or withdraw or resign from his or her candidacy for a legitimate nonpolitical reason as defined in this section, and the vacancy in nomination shall occur between the primary election and the ensuing general election, then the municipal, county or state executive committee with which the original nominee qualified as a candidate in the primary election shall nominate a nominee for such office. Where such a party nominee is unopposed each political party registered with the State Board of Election Commissioners shall have the privilege of nominating a candidate for the office involved. Such nominee shall be duly certified by the respective executive committee chair. Within two (2) days after such nomination is made by the appropriate executive committee, such committee shall formally notify the Secretary of State of the name of the nominee. The Secretary of State shall thereupon officially notify the appropriate officials charged with conducting the election for the office wherein the vacancy occurred of the name of the nominee. All nominations made pursuant to the provisions of this section shall have the same force and effect and shall entitle the nominees to all rights and privileges that would accrue to them as if they had been nominated in the regular primary election.

“Legitimate nonpolitical reason” as used in this section shall be limited to the following:

Reasons of health, which shall include any health condition which, in the written opinion of a medical doctor, would be harmful to the health of the candidate if he or she continued.

Family crises, which shall include circumstances which would substantially alter the duties and responsibilities of the candidate to the family or to a family business.

Substantial business conflict, which shall include the policy of an employer prohibiting employees being candidates for public offices and an employment change which would result in the ineligibility of the candidate or which would impair his or her capability to properly carry out the functions of the office being sought.

Any candidate who withdraws based upon a “legitimate nonpolitical reason” which is not covered by the above definition shall have the strict burden of proof for his or her reason.

A candidate who wishes to withdraw for a legitimate nonpolitical reason shall submit his or her reason by sworn affidavit. Such affidavit shall be filed with the state party chair of the nominee’s party and the State Board of Election Commissioners. No substitution of candidates shall be authorized, except for death or disqualification, unless the State Board of Election Commissioners approves the affidavit as constituting a “legitimate nonpolitical reason” for the candidate’s resignation within five (5) days of the date the affidavit is submitted to the board.

Immediately upon approval or disapproval of such affidavit, the State Board of Election Commissioners shall notify the respective executive committee of same.

HISTORY: Derived from 1972 Code §23-5-136 [Laws, 1984, ch. 439, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 100; Laws, 2017, ch. 441, § 176, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment made gender neutral and minor stylistic changes.

OPINIONS OF THE ATTORNEY GENERAL

The Democratic party was entitled to nominate a candidate in a deceased candidate’s place, even though the candidate’s death occurred prior to the primary election and not between the primary and general elections as stated in this section, where the deceased candidate was unopposed for the Democratic nomination which necessarily meant that there would be no Democratic primary election conducted for the office in question and, therefore, the deceased candidate was the Democratic nominee. 1999 Miss. Op. Att'y Gen. 132.

Where a candidate was killed after he had qualified and after the time for qualifying had ended, and was the sole qualifying candidate for office, and had been certified by the county Democratic executive committee, the county Democratic executive committee, and only the county Democratic executive committee, was empowered to nominate a nominee for the office. 1999 Miss. Op. Att'y Gen. 345.

If a nominee withdraws for a legitimate nonpolitical reason as defined in Section 23-15-317 and his sworn affidavit is approved by the State Board of Election Commissioners, the municipal party executive committee would then be required to name a substitute nominee. If a nominee withdraws and no affidavit is submitted and approved, said executive committee would have no authority to name a substitute nominee. In either case, the nominee has the right to withdraw his candidacy pursuant to Section 23-15-363. 2005 Miss. Op. Att'y Gen. 237.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 206, 209, 210.

CJS.

29 C.J.S., Elections §§ 296, 297, 302.

JUDICIAL DECISIONS

1. In general.

The statute applies only where a candidate dies after the primary but prior to the general election. Upton v. McKenzie, 761 So. 2d 167, 2000 Miss. LEXIS 136 (Miss. 2000).

State political party acted in good faith in nominating candidate for state House of Representatives prior to primary election when one candidate died and the other withdrew for legitimate reason; statute permitting political party to fill vacancy in nomination technically applied only to candidates who withdraw after primary, but there was no provision that gave direction to party on how to proceed under facts presented, and there was no fact or circumstance in case that indicated any wrongful or fraudulent purpose in conduct of election. Cummings v. Benderman, 681 So. 2d 97, 1996 Miss. LEXIS 501 (Miss. 1996).

§ 23-15-319. Applicability of chapter to municipal primary elections.

All the provisions of this subarticle as far as practicable shall apply to and regulate primary elections for the nomination of elective municipal offices. Candidates for the nomination of such municipal offices shall file with the clerk of the city, village or town, the affidavits and reports required of candidates for party nominations to any county or county district office to be filed pursuant to this chapter.

HISTORY: Derived from 1972 Code §23-3-71 [Codes, 1942, § 3195; Laws, 1935, ch. 19; Laws, 1944, ch. 210; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 101, eff from and after January 1, 1987.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-7-71.

1.-5. [Reserved for future use.]

6. Under former Section 23-7-71.

Since the proceedings in a judicial review of a municipal primary election contest are in the nature of an appeal, no matter may be presented to the special tribunal which has not been previously heard and decided by the executive committee of the party. Shannon v. Henson, 499 So. 2d 758, 1986 Miss. LEXIS 2883 (Miss. 1986).

Where X marks drawn on a ballot were smeared and poorly drawn, it was a question of fact to be decided by a special tribunal whether these marks were result of poor penmanship or were placed there for improper identification. Anders v. Longmire, 226 Miss. 215, 83 So. 2d 828, 1955 Miss. LEXIS 627 (Miss. 1955).

Article 13. Ballots.

Subarticle A. Primary elections.

§ 23-15-331. Duties of state executive committee.

It shall be the duty of the state executive committee of each political party to furnish to each county executive committee, not less than fifty (50) days prior to the election, the names of all state and state district candidates and all candidates for legislative districts composed of more than one county or parts of more than one county who have qualified as provided by law, and in accordance with the requirements of Section 23-15-333 a sample of the official ballot to be used in the primary, the general form of which shall be followed as nearly as practicable.

HISTORY: Derived from 1972 Code §23-1-39 [Codes, 1906, § 3704; Hemingway’s 1917, § 6396; 1930, § 5881; 1942, § 3123; Laws, 1970, ch. 506, § 6; Laws, 1978, ch. 391, § 1; Laws, 1984, ch. 401, § 4; repealed by Laws, 1986, ch. 495, § 331]; en, Laws, 1986, ch. 495, § 102, eff from and after January 1, 1987.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 229.

26 Am. Jur. 2d, Elections §§ 265, 296.

CJS.

29 C.J.S., Elections § 273.

Law Reviews.

Stavis, A century of struggle for black enfranchisement in Mississippi: From the Civil War to the congressional challenge of 1965-and beyond. 57 Miss. L. J. 591, December, 1987.

Rhodes, Enforcing the Voting Rights Act in Mississippi through litigation. 57 Miss. L. J. 705, December, 1987.

§ 23-15-333. Duties of county executive committee; order in which titles of various offices and names of candidates are to be listed on the ballot.

  1. The county executive committee shall have printed all necessary ballots, for use in primary elections. The county executive committee shall have printed all necessary absentee ballots forty-five (45) days before the election as required by law. The ballots shall contain the names of all the candidates to be voted for at the election, and there shall be left on each ballot one (1) blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. Except as otherwise provided in subsection (2) of this section, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the discretion of the county executive committee. Provided, however, that in all cases the arrangement of the names of the candidates for each office shall be alphabetical. No ballot shall be used except those so printed.
  2. The titles for the various offices shall be listed in the following order:
    1. Candidates, electors or delegates for the following national offices:
      1. President of the United States of America;
      2. United States Senator or United States Representative;
    2. Candidates for the following statewide offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance;
    3. Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney;
    4. Candidates for the following legislative offices: Senator and House of Representatives;
    5. Candidates for countywide office;
    6. Candidates for county district office.

      The order in which the titles for the various offices are listed within each of the categories listed in paragraphs (e) and (f) are left to the discretion of the county executive committee. Candidates’ names shall be listed alphabetically under each office by the candidate’s last name.

  3. If after the deadline to qualify as a candidate for an office, only one (1) person has duly qualified to be a candidate for the office in the primary election, the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has duly qualified to be a candidate for each office on the primary election ballot, the election for all offices on the ballot shall be dispensed with and the appropriate executive committee shall declare each candidate as the party nominee if the candidate meets all the qualifications to hold the office.
    1. If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
    2. If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.

HISTORY: Derived from 1942 Code § 3124 [Codes, 1906, § 3710; Hemingway’s 1917, § 6402, § 5882; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; en, Laws, 1986, ch. 495, § 103; Laws, 2000, ch. 592, § 7; Laws, 2001, ch. 523, § 5; Laws, 2017, ch. 441, § 74, eff from and after July 1, 2017.

Editor’s Notes —

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 523.

Amendment Notes —

The 2000 amendment added present (2) and designated the former first and second paragraphs as present (1) and (3), respectively; and in (1), inserted “Except as otherwise provided in subsection (2) of this section.”

The 2001 amendment inserted the second sentence in (1); and added (4).

The 2017 amendment in (2), rewrote (a), which read: “Candidates for national office,” and added (i) and (ii), rewrote (b) through (d), which read: “(b) Candidates for statewide office; (c) Candidates for state district office; (d) Candidates for legislative office,” and in the last paragraph, substituted “paragraphs (e) and (f) are left” for “this subsection is left” and added the last sentence; rewrote (3), which read: “The county executive committee 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 county executive committee 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 county executive committee and they may be used, if applicable, in subsequent elections”; and made gender neutral and minor stylistic changes.

Cross References —

Provision that it is the duty of the state executive committee to furnish to each county executive committee a sample of the official ballot to be used in the primary, see §23-15-331.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 229.

26 Am. Jur. 2d, Elections §§ 199, 206, 207.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

CJS.

29 C.J.S., Elections §§ 457–462, 444–446, 463–465.

JUDICIAL DECISIONS

1. In general.

The statute does not authorize a county executive committee to proceed in the same manner as §23-15-317 regardless of when the death of a candidate occurs. Upton v. McKenzie, 761 So. 2d 167, 2000 Miss. LEXIS 136 (Miss. 2000).

§ 23-15-335. Duties of person designated by county executive committee to distribute ballots.

  1. The county executive committee shall designate a person whose duty it shall be to distribute all necessary ballots for use in a primary election, and shall designate one (1) among the poll managers at each polling place to receive and receipt for the blank ballots to be used at that place. When the blank ballots are delivered to a local poll manager, the distributor shall take from the local poll manager a receipt therefor signed in duplicate by both the distributor and the poll manager, one (1) of which receipts the distributor shall deliver to the circuit clerk and the other shall be retained by the local poll manager and the last mentioned duplicate receipt shall be enclosed in the ballot box with the voted ballots when the polls have been closed and the votes have been counted. The printer of the ballots shall take a receipt from the distributor of the ballots for the total number of the blank ballots delivered to the distributor. The printer shall secure all ballots printed by him or her in such a safe manner that no person can procure them or any of them, and he or she shall deliver no blank ballot or ballots to any person except the distributor above mentioned, and then only upon his or her receipt therefor as above specified. The distributor of the blank ballots shall so securely hold the same that no person can obtain any of them, and he or she shall not deliver any of them to any person other than to the authorized local poll managers and upon their respective receipts therefor. The executive committee shall see to it that the total blank ballots delivered to the distributor, shall correspond with the total of the receipts executed by the local poll managers.
    1. If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
    2. If it is eligible under Section 23-15-266, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the state executive committee and the Secretary of State of the existence of such agreement.
  2. Any person charged with any of the duties prescribed in this section who shall willfully or with culpable carelessness violate the same shall be guilty of a misdemeanor.

HISTORY: Derived from 1972 Code §23-3-39 [Codes, 1942, § 3177; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; en, Laws, 1986, ch. 495, § 104; Laws, 2001, ch. 523, § 6, eff June 20, 2001 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section); Laws, 2017, ch. 441, § 177, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated June 20, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 523.

Amendment Notes —

The 2001 amendment designated the formerly undesignated paragraphs as (1) and (3); and inserted (2).

The 2017 amendment, in (1), inserted “poll” preceding “manager” and “managers” throughout, and inserted “(1)” in the second sentence; and made gender neutral changes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 316.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 74 (allegation of failure to deliver election materials).

CJS.

29 C.J.S., Elections § 441.

Lawyers’ Edition.

Violation of election laws as “infamous crime” which must be prosecuted by presentment or indictment of grand jury under Fifth Amendment. 2 L. Ed. 2d 1960.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-3-9.

1.-5. [Reserved for future use.]

6. Under former Section 23-3-9.

In the absence of any charge of fraud, irregularity of any kind, and in the absence of any proof that the purity and integrity of the party primary election was violated, the fact that the ballots at one precinct were delivered to a party who was the wife and sister-in-law of those who were designated to be receiving managers but could not be located at the time of delivery, did not warrant or require the voiding of the election at that precinct. Galmore v. Washington, 254 So. 2d 885 (Miss. 1971).

Where there is a total departure from the mandatory provisions of the statute and it is not possible to ascertain the will of the electors because a substantial portion of the votes were void, a new election should be ordered for the purpose of ascertaining the voter’s choice. May v. Layton, 213 Miss. 129, 55 So. 2d 460, 56 So. 2d 89, 1951 Miss. LEXIS 519, 1952 Miss. LEXIS 340 (Miss. 1951).

Subarticle B. Other Elections.

§ 23-15-351. Authority to print ballots; penalties.

It shall be the duty of the chair of the election commission of each county to have printed all necessary ballots for use in elections, except ballots in municipal elections which shall be printed as herein provided by the authorities of the respective municipalities; and the election commissioner shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalties prescribed by law. The printer shall deliver to the election commissioners for holding elections, a certificate of the number of ballots printed for each precinct, and shall not print any additional ballots, except on instruction of proper election commissioners; and failure to observe either of these requirements shall be a misdemeanor.

HISTORY: Derived from 1972 Code §23-5-119 [Codes, 1892, § 3651; 1906, § 4158; Hemingway’s 1917, § 6792; 1930, § 6224; 1942, § 3253; Laws, 1968, ch. 571, § 1; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 105; Laws, 2001, ch. 301, § 3; Laws, 2017, ch. 441, § 75, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated February 7, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 301, § 3.

Amendment Notes —

The 2001 amendment added the second paragraph.

The 2017 amendment deleted the last paragraph, which read: “In the case of the statewide special election for the selection of the official state flag provided for in Section 1 of Laws, 2001, ch. 301, the provisions of this article regarding the printing and distribution of the official ballots, shall be governed by the provisions of Section 1(2) of Laws, 2001, ch. 301”; and made gender neutral and minor stylistic changes.

Cross References —

Exemption of purchase of ballots printed pursuant to this section from bidding requirements, see §31-7-13.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 316.

CJS.

29 C.J.S., Elections § 441.

Lawyers’ Edition.

Violation of election laws as “infamous crime” which must be prosecuted by presentment or indictment of grand jury under Fifth Amendment. 2 L. Ed. 2d 1960.

§ 23-15-353. Sufficient ballots to be printed and distributed.

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 or she shall have printed and distributed a sufficient number of ballots for use in each precinct.

HISTORY: Derived from 1972 Code §23-5-121 [Codes, 1892, § 3659; 1906, § 4166; Hemingway’s 1917, § 6800; 1930, § 6225; 1942, § 3254; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 106; Laws, 2017, ch. 441, § 76, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment deleted the last two sentences, which read: “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”; and made a gender neutral change.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 316.

CJS.

29 C.J.S., Elections § 441.

§ 23-15-355. Payment of ballot expenses.

Ballots in all elections shall be printed and distributed at public expense and shall be known as “official ballots.” The expense of printing the ballots shall be paid out of the county treasury, except that in municipal elections such expenses shall be paid by the respective cities, towns and villages.

HISTORY: Derived from 1972 Code §23-5-123 [Codes, 1892, § 3650; 1906, § 4157; Hemingway’s 1917, § 6791; 1930, § 6226; 1942, § 3255; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 107; Laws, 2001, ch. 301, § 4; Laws, 2017, ch. 441, § 77, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated February 7, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2001, ch. 301, § 4.

Amendment Notes —

The 2001 amendment added the last sentence.

The 2017 amendment deleted the last sentence, which read: “In the case of the statewide special election for the selection of the official state flag provided for in Section 1 of Laws, 2001, ch. 301, the provisions of this section regarding payment of the expenses of printing the official ballots shall be governed by the provisions of Section 1(2) of Laws, 2001, ch. 301;” and made a minor stylistic change.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-15-355.

1.-5. [Reserved for future use.]

6. Under former Section 23-15-355.

Absentee ballots, larger in size than home ballots, and containing name of candidate who had not qualified, substantially complies with ballot requirements, in view of objects to be accomplished by and circumstances surrounding special statute permitting soldiers to vote by absentee ballots. Gregory v. Sanders, 195 Miss. 508, 15 So. 2d 432, 1943 Miss. LEXIS 154 (Miss. 1943).

§ 23-15-357. Back and outside of ballot.

On the back and outside of the ballot shall be printed the words “OFFICIAL BALLOT,” the name of the voting precinct or place for which the ballot is prepared, and the date of the election.

HISTORY: Derived from 1972 Code §23-5-125 [Codes, 1892, § 3657; 1906, § 4164; Hemingway’s 1917, § 6798; 1930, § 6227; 1942, § 3256; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 108, eff from and after January 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

The printing of the information required by the statute on the front of Optical Mark Reading ballots accomplishes the purpose of the statute and promotes the most efficient use of the voting system; therefore, it is legally permissible to print the required information on the front of the ballot only. 2001 Miss. Op. Att'y Gen. 101.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 285.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-125.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-125.

The failure of absentee ballots to include the precinct name did not affect the validity of such ballots. Fouche v. Ragland, 424 So. 2d 559, 1982 Miss. LEXIS 2389 (Miss. 1982).

§ 23-15-359. Names of candidates to be printed on ballot; filing of petition for office; inapplicability of section to municipal elections; special elections; determination of candidate’s qualifications; declaration of nominee in single candidate race.

  1. Except as provided in this section, the ballot shall contain the names of all party nominees certified by the appropriate executive committee, and independent and special election candidates who have timely filed petitions containing the required signatures and assessments that must be paid pursuant to Section 23-15-297, if the candidates and nominees meet all of the qualifications to hold the office sought. A petition requesting that an independent or special election candidate’s name be placed on the ballot for any office shall be filed as provided for in subsection (3) or (4) of this section, as appropriate, and shall be signed by not less than the following number of qualified electors:
    1. For an office elected by the state at large, not less than one thousand (1,000) qualified electors.
    2. For an office elected by the qualified electors of a Supreme Court district, not less than three hundred (300) qualified electors.
    3. For an office elected by the qualified electors of a congressional district, not less than two hundred (200) qualified electors.
    4. For an office elected by the qualified electors of a circuit or chancery court district, not less than one hundred (100) qualified electors.
    5. For an office elected by the qualified electors of a senatorial or representative district, not less than fifty (50) qualified electors.
    6. For an office elected by the qualified electors of a county, not less than fifty (50) qualified electors.
    7. For an office elected by the qualified electors of a supervisors district or justice court district, not less than fifteen (15) qualified electors.
    8. For the Office of President of the United States, a party nominee or independent candidate shall pay an assessment in the amount of Two Thousand Five Hundred Dollars ($2,500.00).
    1. Unless the petition or fee, whichever is applicable, required above shall be filed as provided for in subsection (3), (4) or (5) of this section, as appropriate, 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 office, and the names shall be listed under the name of the political party that candidate represents as provided by law and as certified to the circuit clerk by the state executive committee of the political party. In the event the candidate qualifies as an independent as provided in this section, he or she shall be listed on the ballot as an independent candidate.
    2. The name of an independent or special election candidate who dies before the printing of the ballots, shall not be placed on the ballots.
  2. Petitions for offices described in paragraphs (a), (b), (c), (d) and (e) of subsection (1) of this section shall be filed with the Secretary of State by no later than 5:00 p.m. on the same date or business day, as applicable, by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held.
  3. Petitions for offices described in paragraphs (f) and (g) of subsection (1) of this section shall be filed with the proper circuit clerk by no later than 5:00 p.m. on the same date by which candidates are required to pay the fee provided for in Section 23-15-297; however, no petition may be filed before January 1 of the year in which the election for the office is held. The circuit clerk shall notify the county election commissioners of all persons who have filed petitions with the clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
  4. The assessment for the office described in paragraph (h) of subsection (1) of this section shall be paid to the Secretary of State. The Secretary of State shall deposit any qualifying fees received from candidates into the Elections Support Fund established in Section 23-15-5.
  5. The election commissioners may also have printed upon the ballot any local issue election matter that is authorized to be held on the same date as the regular or general election pursuant to Section 23-15-375; however, the ballot form of the local issue must be filed with the election commissioners by the appropriate governing authority not less than sixty (60) days before the date of the election.
  6. The provisions of this section shall not apply to municipal elections or to the election of the offices of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge and family court judge.
  7. Nothing in this section shall prohibit special elections to fill vacancies in either house of the Legislature from being held as provided in Section 23-15-851. In all elections conducted under the provisions of Section 23-15-851, there shall be printed on the ballot the name of any 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 Secretary of State and signed by not less than fifty (50) qualified electors.
  8. The appropriate election commission shall determine whether each candidate is a qualified elector of the state, state district, county or county district they seek to serve, and whether each candidate meets all other qualifications to hold the office he or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to office. The election commission shall determine whether the candidate has taken the steps necessary to qualify for more than one (1) office at the election. The 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 the offense also involved misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. If the appropriate election commission finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he or she seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard.The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms.If the candidate fails to appear at the hearing or to prove that he or she meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot.If the appropriate election commission 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.
  9. If after the deadline to qualify as a candidate for an office or after the time for holding any party primary for an office, only one (1) person has duly qualified to be a candidate for the office in the general election, the name of that person shall be placed on the ballot; provided, however, that if 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 appropriate 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 election commission in accordance with the provisions of subsection (9) of this section and if the candidate has filed all required campaign finance disclosure reports as required by Section 23-15-807.
  10. The petition required by this section may not be filed by using the Internet.

HISTORY: Derived from 1972 Code §23-5-134 [Laws, 1978, ch. 429, § 1; Laws, 1982, ch. 477, § 4; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 109; Laws, 1987, ch. 499, § 5; Laws, 1989, ch. 431, § 2; Laws, 2000, ch. 592, § 5; Laws, 2002, ch. 336, § 1; Laws, 2006, ch. 574, § 15; Laws, 2007, ch. 570, § 2; Laws, 2007, ch. 604, § 4; Laws, 2008, ch. 554, § 1; Laws, 2010, ch. 320, § 2; Laws, 2016, ch. 380, § 3; Laws, 2017, ch. 441, § 78, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 2 of ch. 570, Laws of 2007, effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended (approved April 21, 2007), amended this section. Section 4 of ch. 604, Laws of 2007, effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2007, whichever occurs later (approved April 21, 2007), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 570, Laws of 2007, which contains language that specifically provides that it supersedes §23-15-359, as amended by Laws of 2007, ch. 604.

Editor’s Notes —

The United States Attorney General, by letter dated September 6, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 564, § 91.

Laws of 1999, ch. 432, § 1, provides that:

“SECTION 1. From and after the date Laws, 1999, ch. 432, is effectuated under Section 5 of the Voting Rights Act of 1965, all family courts are abolished. All matters pending in any family court abolished shall be transferred to the county court of the county wherein the family court was located without the necessity for any motion or order of court for such transfer.”

On May 28, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the enactment of Laws of 1999, ch. 432.

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

The United States Attorney General, by letter dated June 27, 2002 interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2002, ch. 336.

On June 5, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2006, ch. 574, § 15.

On September 10, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 570.

On September 10, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 604.

On July 31, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 554.

By letter dated July 22, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2010, ch. 320.

Amendment Notes —

The 2000 amendment rewrote (1); inserted the proviso in (4); inserted “by 5:00 p.m.” in (7); and added (8), (9) and (10).

The 2002 amendment added the language beginning “provided however that if there shall be not more than one (1) person duly qualified” in (9).

The 2006 amendment added “however, no petition may be filed before January 1 of the year in which the election for the office is held” at the end of (3); and made minor stylistic changes.

The first 2007 amendment (ch. 570), provided for three versions of the section; in both the second version, which, from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, will be effective through June 30, 2008, and the third version, which, from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, will be effective from and after July 1, 2008, inserted “in this section” near the end of (2); substituted “there shall be printed” for “the commissioner shall have printed” and “filed with the State Board of Election Commissioners . . . qualifying deadline” for “filed with said commissioner by 5:00 p.m. not less than ten (10) working days prior to the election,” in (7), and made minor stylistic changes; and in the third version, also added the second and last sentences (8).

The second 2007 amendment (ch. 604), provided for three version of the section; in the third version, which effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2007, whichever occurs later, will be effective from and after July 1, 2008, added the second and last sentences in (8).

The 2008 amendment added (2)(b).

The 2010 amendment, in (3), inserted “and (e)” and made a related change, and deleted “and petitions for offices described in paragraph (e) of subsection (1) of this section for districts composed of more than one (1) county or parts of more than one (1) county” following “subsection (1) of this section”; in (4), deleted “and petitions for offices described in paragraph (e) of subsection (1) of this section for districts composed of one (1) county or less” following “subsection (1) of this section”; and in (7), deleted “for districts composed of more than one (1) county or parts of more than one (1) county, or the proper circuit clerk for districts composed of one (1) county or less, by 5:00 p.m. on or before the date set in the writ of election as the qualifying deadline” following “State Board of Election Commissioners.”

The 2016 amendment, in (1), added the exception at the beginning of the introductory paragraph and added (h); in (2)(a), inserted “or fee, whichever is applicable” and “or (5)” and made a related change; substituted “Secretary of State” for “State Board of Election Commissioners” in (3) and (8); deleted “for nominations in the political party primary elections” following “date by which candidates” in (3) and (4); added (5) and renumbered the remaining subsections accordingly; and in (10), substituted “provisions of subsection (9)” for “provisions of subsection (8).”

The 2017 amendment added “if the candidates and nominees . . . hold the office sought” at the end of the first sentence of (1); in (3), inserted “or business day, as applicable,” and deleted “Mississippi Code of 1972” following “Section 23-15-297”; substituted “election commissioners” for “commissioners of election” in (4); in (6), inserted “election” near the beginning, and substituted “election commissioners” for “commissioners of election” and “before the date” for “previous to the date”; in (9), substituted “or (c) has been convicted of a felony as described in this subsection, and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove that he or she meets all qualifications to hold the office subject to no contingencies, then the name of such candidate shall not be placed upon the ballot” for “or (c) 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” in (10), substituted “only one (1) person has duly qualified” for “there shall be only one (1) person who has duly qualified” and “that if not more than one (1) person” for “that if there shall be not more than one (1) person,” and inserted “election” following “review by the”; and made gender neutral and minor stylistic changes.

Cross References —

Holding of local issue elections and the placement of local issues on regular or general election ballots, see §23-15-375.

Procedures for contesting the qualifications of a person who has qualified pursuant to the provisions of this section as a candidate for any office elected at a general election, see §23-15-963.

OPINIONS OF THE ATTORNEY GENERAL

As long as the election date agreed upon by the city and the board of supervisors is not the date of the general election, then the sixty day notice requirement of the statute does not apply to the election authorized pursuant to House Bill 1868 in connection with a county-wide referendum on the additional assessment of sales tax on food and beverages. 1998 Miss. Op. Att'y Gen. 271.

In an election for school board members in two different districts, if one district has only one qualified candidate and the other has two or more qualified candidates, if one office is unopposed but there is opposition in the other office, an election must be held for both offices and the election for the unopposed office may not be dispensed with in accordance with Section 23-15-359 (9). 2005 Miss. Op. Att'y Gen. 315.

A political candidate’s nickname should not be used on ballots unless the officials in charge of the election determine, consistent with the facts, that the nickname is necessary to identify the candidate to the voters. 2007 Miss. Op. Att'y Gen. 153, 2007 Miss. AG LEXIS 117.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 239-247.

26 Am. Jur. 2d, Elections § 207.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 41 (nominating petition).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 92 (petition to require including of name of nominee on ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 93 (petition to require omission of name of ineligible candidate from ballot).

CJS.

29 C.J.S., Elections §§ 315–318, 463–465.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. Where candidate resides.

2.-5. [Reserved for future use.]

6. Under former Section 23-5-133.

1. Where candidate resides.

Candidate was not eligible to run for the office of county superintendent of education because he was a resident of a separate school district; the candidate did not present any evidence that he was a qualified elector of the county school district, the county superintendent of education served as the director of all schools within the county school district, which were outside the separate school district where the candidate resided. Basil v. Browning, 175 So.3d 1289, 2015 Miss. LEXIS 543 (Miss. 2015).

Candidate was a qualified candidate for the position of justice court judge, even though the candidate did not live within the election subdistrict where the candidate wished to run for office. Montgomery v. Lowndes County Democratic Exec. Comm., 969 So. 2d 1, 2007 Miss. LEXIS 329 (Miss. 2007).

2.-5. [Reserved for future use.]

6. Under former Section 23-5-133.

A candidate who ran in the first primary but withdrew from the second, run-off primary was not entitled to have his name placed upon the general election ballot, by petition, as an independent. Mississippi State Board of Election Comm'rs v. Meredith, 301 So. 2d 571, 1974 Miss. LEXIS 1664 (Miss. 1974).

Section 5 of the Federal Voting Rights Act of 1965 [52 USCS § 10304] which prevents the enforcement of “any voting qualification or prerequisite to voting, or standard, practice or procedure with respect to voting” different from that in force and effect Nov. 1, 1964, unless the state or political subdivision complies with one of the section’s approval procedures, applied to the 1966 amendment to this section [Code 1942, § 3260], which (1) established a new rule that no person who had voted in a primary election might thereafter be placed on the ballot as an independent candidate in the general election; (2) changed the time for filing a petition as an independent candidate from 40 to 60 days before the general election; (3) increased the number of signatures of qualified electors needed for the independent qualifying petition; and (4) added a new provision that each qualifying elector who signed the independent qualifying petition had to personally sign the petition and include his polling precinct and county. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

Section 5 of the Voting Rights Act of 1965 [52 USCS § 10304] is applicable to the 1966 Amendment of this section [Code 1942, § 3260], and approval of that Amendment cannot be implemented until the approval of the Attorney General of the United States has been obtained. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

This section [Code 1942, § 3260], directed solely to the qualifications of candidates, is not governed by the Federal Voting Rights Act of 1965. Whitley v. Johnson, 296 F. Supp. 754, 1967 U.S. Dist. LEXIS 8895 (S.D. Miss. 1967).

Code 1942, § 3107 which provides a method whereby the state political party conventions may select two slates of presidential electors, one slate pledged to support the nominee of the national political party, and one slate unpledged offends no provision of the United States Constitution, for it expressly provides that nothing therein shall prohibit a slate of electors pledged to support the national party candidate from running on the same general election ballot, and this section [Code 1942, § 3260] enables such a slate to get on the ballot upon the petition of 1,000 voters. Gray v. Mississippi, 233 F. Supp. 139, 1964 U.S. Dist. LEXIS 7357 (N.D. Miss. 1964).

Failure to place upon the ballot the name of one duly nominated by petition renders the election void. Bowen v. Williams, 238 Miss. 57, 117 So. 2d 710, 1960 Miss. LEXIS 377 (Miss. 1960).

Participating in a primary election does not preclude one from becoming an independent candidate upon the petition of other participants. Bowen v. Williams, 238 Miss. 57, 117 So. 2d 710, 1960 Miss. LEXIS 377 (Miss. 1960).

Power to determine whose name is entitled to appear upon the ballot is vested not in the ballot commissioner alone but in the commissioners as a body. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

Omission of one of two candidates from ballot on special election for district supervisor, although he was entitled to have his name appear thereon by virtue of having substantially complied with this section [Code 1942, § 3260], invalidated the election. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

Although this section [Code 1942, § 3260] contemplates that the petition shall be presented to the ballot commissioner, this is merely directory and not mandatory. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

Each of the three commissioners is under duty to report and present to the commissioners as a body all petitions which have been duly presented to him. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

Prospective candidate for district supervisor substantially complied with requirements of this section [Code 1942, § 3260] so as to be entitled to have his name appear upon the ballot for special election to be held on January 25, where he presented his petition containing the names of more than 15 qualified electors of the district to one of the three county election commissioners at the latter’s home shortly before sundown on January 10. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

§ 23-15-361. Names of municipal office candidates to be printed on ballot; filing of petition for municipal office; determination of candidate’s qualifications; declaration of nominee in single candidate race.

  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. 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 or she was a participant in the primary election, and that the person whose name is presented by him or her was nominated by such primary election. The municipal election commissioners who are required to have the ballots printed, shall also have printed on the ballot in any municipal general election the name of any 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:
    1. For an office elected by the qualified electors of a municipality or a municipal district having a population of one thousand (1,000) or more, not less than fifty (50) qualified electors.
    2. For an office elected by the qualified electors of a municipality or a municipal district 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 the names shall be listed under the name of the political party the candidate represents as provided by law and as certified to the municipal clerk by the municipal executive committee of such political party. In the event such candidate qualifies as an independent as herein provided, he or she shall be listed on the ballot as an independent candidate.
  3. The clerk of the municipality shall notify the municipal election commissioners 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 municipal elective office shall contain the names of all persons who have qualified as required by Section 23-15-857.
  5. The municipal election commission shall determine whether each party 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 or she is seeking or presents absolute proof that he or she will, subject to no contingencies, meet all qualifications on or before the date of the general or special election at which he or she could be elected to 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 or her office or money coming into his or her hands by virtue of the office. If the municipal election commission finds that a candidate either (a) is not a qualified elector, (b) does not meet all qualifications to hold the office he or she seeks and fails to provide absolute proof, subject to no contingencies, that he or she will meet the qualifications on or before the date of the general or special election at which he or she could be elected, or (c) has been convicted of a felony as described above and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he or she meets all qualifications to hold the office subject to no contingencies, 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, only one (1) person has duly qualified to be a candidate for the office in the general election the name of that person shall be placed on the ballot; provided, however, that if not more than one (1) person has 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 election 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.

HISTORY: Derived from 1972 Code §23-5-134 [Laws, 1978, ch. 429, § 1; Laws, 1982, ch. 477, § 4; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 110; Laws, 2000, ch. 592, § 6; Laws, 2002, ch. 336, § 2; brought forward without change, Laws, 2016, ch. 380, § 8; Laws, 2017, ch. 441, § 79, eff from and after July 1, 2017.

Editor’s Notes —

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

The United States Attorney General, by letter dated June 27, 2002, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2002, ch. 336.

Laws of 2002, ch. 336, §§ 3, 4, provide as follows:

“SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.”

Amendment Notes —

The 2000 amendment added (5) and (6).

The 2002 amendment added the language following “placed on the ballot,” in (6).

The 2016 amendment brought the section forward without change.

The 2017 amendment, in (1), substituted “commissioners who are required to have” for “commissioner designated to have” in the last sentence of the introductory paragraph, and inserted “or a municipal district” in (a) and (b); deleted the third sentence of (2), which read: “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”; substituted “election commissioners” for “commissioners of election” in (3); in (5), inserted election in the first sentence, and substituted “or (c) has been convicted of a felony as described above and not pardoned, then the election commission shall notify the candidate and give the candidate an opportunity to be heard. The election commission shall mail notice to the candidate at least three (3) business days before the hearing to the address provided by the candidate on the qualifying forms, and the committee shall attempt to contact the candidate by telephone, email and facsimile if the candidate provided this information on the forms. If the candidate fails to appear at the hearing or to prove he or she meets all qualifications to hold the office subject to no contingencies, then the name of the candidate” for “or (c) has been convicted of a felony as described above and not pardoned, then the name of the candidate”; in (6), substituted “only one (1) person has duly qualified” for “there shall be only one (1) person who has duly qualified” and “that if not more than one (1) person has duly” for “that if there shall be not more than one (1) person duly,” and inserted “election” following “review by the”; and made gender neutral and minor stylistic changes.

Cross References —

Procedures for contesting the qualifications of a person who has qualified pursuant to the provisions of this section as a candidate for any office elected at a general election, see §23-15-963.

OPINIONS OF THE ATTORNEY GENERAL

Petitions filed by candidates containing only a legally sufficient number of signatures of qualified electors to qualify under proposed (not currently effective) ward lines were not valid at the time they were submitted, and could not be supplemented by additional signatures so that they would contain a legally sufficient number of signatures of qualified electors from the old, and currently still effective, ward lines. 2005 Miss. Op. Att'y Gen. 216.

Section 23-15-361 requires that signatures on municipal ward candidate petitions, to be valid, must be those of qualified electors of the ward for the office sought. 2005 Miss. Op. Att'y Gen. 216.

If a nominee meets all the qualifications to hold the office for which he was certified as a candidate and for which he was subsequently nominated, a municipal election commission may not lawfully refuse to place his name on a general or special election ballot based on an irregularity in the process of qualifying as a candidate in a party primary. 2006 Miss. Op. Att'y Gen. 599.

A political candidate’s nickname should not be used on ballots unless the officials in charge of the election determine, consistent with the facts, that the nickname is necessary to identify the candidate to the voters. 2007 Miss. Op. Att'y Gen. 153, 2007 Miss. AG LEXIS 117.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 239-247.

26 Am. Jur. 2d, Elections §§ 265, 296-299.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 92 (petition to require including of name of nominee on ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

CJS.

29 C.J.S., Elections §§ 315–318, 463–465.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. Validity of petitions.

Circuit court did not err in ordering a candidate’s name be placed on a ballot because a statutory “petition filed by qualified electors” was wholly separate and distinct from the statutory requirements where the candidate was merely seeking to have his name printed on the mayoral ballot and where there was no contradictory evidence presented to contest the elector affidavits before the election commission. Election Comm'n v. Wallace, 143 So.3d 557, 2014 Miss. LEXIS 368 (Miss. 2014).

§ 23-15-363. Names of candidates who have not duly withdrawn not omitted from ballot.

After the proper officer has knowledge of or has been notified of the nomination, as provided, of any candidate for office, the officer shall not omit his name from the ballot, unless upon the written request of the candidate nominated, made at least ten (10) days before the election, and in no case after such ballot has been printed; and every ballot shall contain the names of all candidates nominated as specified, and not duly withdrawn.

HISTORY: Derived from 1972 Code §23-5-135 [Codes, 1892, § 3655; 1906, § 4162; Hemingway’s 1917, § 6796; 1930, § 6232; 1942, § 3261; Laws, 1944, ch. 169; Laws, 1947, 1st Ex ch. 12; Laws, 1970, ch. 506, § 25; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 111, eff from and after January 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

A write-in candidate is appropriate only when one has qualified as a candidate for a particular office and subsequently dies, resigns, withdraws, or is removed as a candidate. 2001 Miss. Op. Att'y Gen. 163.

If a nominee withdraws for a legitimate nonpolitical reason as defined in Section 23-15-317 and his sworn affidavit is approved by the State Board of Election Commissioners, the municipal party executive committee would then be required to name a substitute nominee. If a nominee withdraws and no affidavit is submitted and approved, said executive committee would have no authority to name a substitute nominee. In either case, the nominee has the right to withdraw his candidacy pursuant to Section 23-15-363. 2005 Miss. Op. Att'y Gen. 237.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 265, 296, 297.

9 Am. Jur. Pl & Pr Forms, (Rev), Elections, Form 92 (petition to require including of name of nominee on ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 93 (petition to require omission of name of ineligible candidate from ballot).

CJS.

29 C.J.S., Elections §§ 474, 475.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-135.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-135.

An election commission’s determination whether a person is qualified as a candidate is one of fact, and therefore final. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

Mandamus will not lie to compel an election commission to place on the ballot the name of a person whom it has determined not to be qualified as a candidate. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

A county election commission has jurisdiction to determine the qualification as a candidate of persons certified to it as nominees of a political party. Powe v. Forrest County Election Com., 249 Miss. 757, 163 So. 2d 656, 1964 Miss. LEXIS 433 (Miss. 1964).

Omission of one of two candidates from ballot on special election for district supervisor, although he was entitled to have his name appear thereon by virtue of having substantially complied with Code 1942, § 3260, invalidated the election. State ex rel. Rice v. Dillon, 197 Miss. 504, 19 So. 2d 918, 1944 Miss. LEXIS 315 (Miss. 1944).

Supreme Court judicially knows that general election at which Congressmen are to be elected will be held Tuesday, November 8, 1932, and that prior to antecedent 15 days it cannot be legally known by Secretary of State as to names to be printed on ballots. Wood v. State, 169 Miss. 790, 142 So. 747, 1932 Miss. LEXIS 8 (Miss. 1932).

Person seeking nomination as political party’s candidate at primary and defeated cannot have mandamus to get name placed on ticket. Election commissioners may be compelled to assemble and consider petition to put person’s name on ticket, but their action cannot be controlled by mandamus. On adverse decision by election commissioners, petitioners to have name put on ticket should take bill of exceptions and appeal to circuit court. Ruhr v. Cowan, 146 Miss. 870, 112 So. 386, 1927 Miss. LEXIS 249 (Miss. 1927).

Candidate for board of supervisors procuring name on ballot, on petition of insufficient number of electors, held not material irregularity. Hunt v. Mann, 136 Miss. 590, 101 So. 369, 1924 Miss. LEXIS 123 (Miss. 1924).

§ 23-15-365. Write-in candidates; blank space on general, special and primary election ballots; applicability of section to elections conducted under Sections 23-15-974 through 23-15-985.

    1. In general and special elections, one (1) blank space shall be left on each ballot under the title of each office to be voted for, and in the event of the death, resignation, withdrawal or removal of any candidate whose name was printed on the official ballot, the name of the candidate duly substituted in the place of such candidate who is qualified to hold the office may be written in the blank space by the voter.
    2. In all primary elections, one (1) blank space shall be left on each ballot under the title of each office to be voted for, and in the event of the death, resignation, or withdrawal of a candidate, the name of any individual who is qualified to hold the office may be written in the blank space by the voter.
  1. The provisions of subsection (1) of this section shall not apply to elections conducted under the Nonpartisan Judicial Election Act.

HISTORY: Derived from 1972 Code §25-5-137 [Codes, 1892, § 3653; 1906, § 4160; Hemingway’s 1917, § 6794; 1930, § 6233; 1942, § 3262; Laws, 1984, ch. 439, § 2; repealed by Laws, 1986, ch. 495, § 337]; en, Laws, 1986, ch. 495, § 112; Laws, 2011, ch. 509, § 2; Laws, 2017, ch. 441, § 80, eff from and after July 1, 2017.

Editor’s Notes —

By letter dated July 26, 2011, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2011, ch. 509.

Amendment Notes —

The 2011 amendment added (2).

The 2017 amendment, rewrote (1), which read: “There shall be left on each ballot one (1) blank space under the title of each office to be voted for, and in the event of the death, resignation, withdrawal or removal of any candidate whose name shall have been printed on the official ballot, the name of the candidate duly substituted in the place of such candidate may be written in such blank space by the voter,” and redesignated it (1)(a); and added (1)(b).

Cross References —

Nonpartisan Judicial Election Act, see §§23-15-974 through23-15-985.

OPINIONS OF THE ATTORNEY GENERAL

Where ballots were not printed for a primary election, this section was not invoked and there was no provision for the casting of write-in votes; therefore, any write-in votes cast in the primary election would not be valid. 1999 Miss. Op. Att'y Gen. 263.

RESEARCH REFERENCES

ALR.

Elections: validity of state or local legislative ban on write-in votes. 69 A.L.R.4th 948.

Am. Jur.

26 Am. Jur. 2d, Elections § 295.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

JUDICIAL DECISIONS

1. In general.

2.-5. [Reserved for future use.]

6. Under former Section 23-5-137.

1. In general.

When, under Miss. Code Ann. §23-15-365, due to the death of the only candidate who had qualified before the qualifying deadline had passed, no name will be printed on the ballot, and the election will be only by write-in, the election will proceed in the same manner as if no one had qualified to run as a candidate before the qualifying deadline; the Legislature has provided for a write-in election to occur in the event of the death of “any candidate” who has qualified, and although the Legislature has imposed unique qualifications upon judicial candidates, it did not exclude judicial candidates from its provision for a write-in election in the event of a qualified candidate’s death. Rayner v. Barbour, 47 So.3d 128, 2010 Miss. LEXIS 572 (Miss. 2010).

Write-in election for a circuit court judge was proper under Miss. Code Ann. §23-15-365 because the circuit judge passed away after qualifying for the November 2, 2010 election, and Miss. Code Ann. §9-1-103 permitted the appointee judge to serve for the unexpired term with no requirement of a special election since the circuit judge died fewer than nine months before the expiration of his term; the use of the word “or” in Miss. Code Ann. §9-1-103 means that an election under Miss. Code Ann. §23-15-849(1) need not occur if there is so little time in the unexpired term that the appointee may legally serve for the unexpired term. Rayner v. Barbour, 47 So.3d 128, 2010 Miss. LEXIS 572 (Miss. 2010).

The statute does not allow for a write-in candidate only where there is one person qualified for a particular office and that one qualified person dies, resigns, withdraws or removes his or her name after the printing of the primary ballot; write-in candidates are also allowed if the death of a candidate occurs prior to the printing of the ballot. Upton v. McKenzie, 761 So. 2d 167, 2000 Miss. LEXIS 136 (Miss. 2000).

2.-5. [Reserved for future use.]

6. Under former Section 23-5-137.

Votes cast at general election, by writing name on blank space, for one who was candidate at primary election but who was not nominated held illegal. May v. Young, 164 Miss. 35, 143 So. 703, 1932 Miss. LEXIS 220 (Miss. 1932).

That contestant’s name was fraudulently kept off ballots did not authorize voters to write his name thereon. May v. Young, 164 Miss. 35, 143 So. 703, 1932 Miss. LEXIS 220 (Miss. 1932).

Voters may write name of candidate not nominated on the official ballot only in case of the death of a candidate. McKenzie v. Boykin, 111 Miss. 256, 71 So. 382, 1916 Miss. LEXIS 283 (Miss. 1916).

This section [Code 1942, § 3262] is constitutional. McKenzie v. Boykin, 111 Miss. 256, 71 So. 382, 1916 Miss. LEXIS 283 (Miss. 1916).

§ 23-15-367. Printing of official ballot generally; order in which titles of various offices are to be listed on the ballot; furnishing of sample of official ballot; alphabetical arrangement in primary elections.

  1. Except as otherwise provided by Sections 23-15-974 through 23-15-985 and subsection (2) of this section, the size, print and quality of paper of the official ballot is left to the discretion of the officer charged with printing the official ballot.
  2. The titles for the various offices shall be listed in the following order:
    1. Candidates, electors or delegates for the following national offices:
      1. President;
      2. United States Senator or United States Representative;
    2. Candidates for the following statewide office: Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, Auditor of Public Accounts, Commissioner of Agriculture and Commerce, Commissioner of Insurance;
    3. Candidates for the following state district offices: Mississippi Transportation Commissioner, Public Service Commissioner, District Attorney;
    4. Candidates for the following legislative offices: Senate and House of Representatives;
    5. Candidates for countywide office;
    6. Candidates for county district office.

      The order in which the titles for the various offices are listed within paragraphs (e) and (f) is left to the discretion of the county election commissioners. Nominees of the political parties, qualified to conduct primary elections as defined in Section 23-15-291, shall be listed first alphabetically by the candidate’s last name, followed by any other candidates listed alphabetically by last name.

  3. It is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated election commissioner of each county a sample of the official ballot, not less than fifty-five (55) days before the election, the general form of which shall be followed as nearly as practicable.

HISTORY: Derived from 1972 Code §23-5-139 [Codes, 1892, § 3656; 1906, § 4163; Hemingway’s 1917, § 6797; 1930, § 6234; 1942, § 3263; Laws, 1970, ch. 506, § 26; Laws, 1978, ch. 391, § 2; Laws, 1984, ch. 401, § 5; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 113; Laws, 1994, ch 564, § 92; Laws, 2000, ch. 592, § 8; Laws, 2017, ch. 441, § 81, eff from and after July 1, 2017.

Editor’s Notes —

The United States Attorney General, by letter dated September 6, 1994, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1994, ch. 564, § 92.

On July 28, 2000, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2000, ch. 592.

Amendment Notes —

The 2000 amendment rewrote the section.

The 2017 amendment deleted “the arrangement of the names of the candidates, and the order in which the titles of the various offices shall be printed and” following “subsection (2) of this section” in (1); in (2), rewrote (a), which read: “Candidates for national office,” and added (i) and (ii), rewrote (b) through (d), which read: “(b) Candidates for statewide office; (c) Candidates for state district office; (d) Candidates for legislative office,” and rewrote the last paragraph, which read: “The order in which the titles for the various offices are listed within each of the categories listed in this subsection is left to the discretion of the officer charged with printing the official ballot”; inserted “election” preceding “commissioner” and substituted “before the election” for “prior to the election” in (3).

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 289 —300.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

CJS.

29 C.J.S., Elections § 457–462.

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-139.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-139.

Secretary of State would not be compelled by mandamus in preparation of sample ballots to disregard designations of candidates for Congress by districts on ground Redistricting Act was void, where issuance of writ would operate to detriment of general public. Wood v. State, 169 Miss. 790, 142 So. 747, 1932 Miss. LEXIS 8 (Miss. 1932).

In mandamus proceeding to prohibit Secretary of State from making up ballot, it could not be presumed that Governor or Secretary of State would violate law. Wood v. State, 169 Miss. 790, 142 So. 747, 1932 Miss. LEXIS 8 (Miss. 1932).

§ 23-15-369. Form and substance of proposed constitutional amendment or other public measure.

    1. Whenever a constitutional amendment is submitted to the vote of the people, the substance of the amendment shall be printed in clear and unambiguous language on the ballot after the list of candidates, if any, followed by the word “YES” and also by the word “NO”, and shall be styled in such a manner that a “YES” vote will indicate approval of the proposal and a “NO” vote will indicate rejection.
    2. The substance of the amendment shall be an explanatory statement not exceeding seventy-five (75) words in length of the chief purpose of the measure. The statement shall be prepared by the Legislature and included in the concurrent resolution proposing the amendment to the Constitution. The statement shall avoid, whenever possible, the use of legal terminology or jargon and shall use instead, simple, ordinary, everyday language. The Secretary of State shall give each proposed constitutional amendment a designating number for convenient reference specific to the election in which the amendment appears on the ballot. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification of the amendments. The Secretary of State shall furnish the designating number and the substance of each amendment to the circuit clerk of each county in which the amendment is to be voted on.
    3. The full text of each proposed constitutional amendment shall be published by the Secretary of State as provided for in Section 7-3-39, and shall be posted prominently in all polling places, with copies of the proposed amendment to be otherwise available at each polling place.
  1. Except as may be otherwise provided in subsection (1) of this section, whenever any public measure, question or matter that requires an affirmative or negative vote is submitted to a vote of the electors, the measure or matter shall be printed on the ballot and also the words “FOR” or “AGAINST” to be so arranged by the proper officer so that the voter can intelligently vote his or her preference.

HISTORY: Derived from 1972 Code §23-5-141 [Codes, 1892, § 3654; 1906, § 4161; Hemingway’s 1917, § 6795; 1930, § 6235; 1942, § 3264; repealed, Laws, 1986, ch. 495, § 335; repealed, Laws, 1986, ch. 501, § 2] and §23-5-142 [Laws, 1979, ch. 502, § 1; repealed, Laws, 1986, ch. 495, § 33; repealed, Laws, 1986, ch. 501, § 2]; en, Laws, 1986, ch. 495, § 114; Laws, 1987, ch. 499, § 6; Laws, 1993, ch. 474, § 1; Laws, 2017, ch. 441, § 82, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 1987, ch. 499, § 20, provides as follows:

“SECTION 20. If any section, paragraph, sentence, clause or phrase of this act is declared to be unconstitutional or void, or for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses or phrases shall be in no manner affected thereby but shall remain in full force and effect.”

On July 15, 1993, the United States Attorney General interposed no objections under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1993, ch. 474, § 1.

Amendment Notes —

The 2017 amendment, in (1), added “specific to the election in which the amendment appears on the ballot” at the end of the third sentence of (b), and deleted “Mississippi Code of 1972” following “Section 7-3-39” in (c); and made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 287, 288.

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 91 (petition to change form and content of ballot).

9 Am. Jur. Pl & Pr Forms (Rev), Elections, Form 94 (order declaring form of ballot improper and requiring new form of ballot).

CJS.

29 C.J.S., Elections §§ 442, 466, 468, 469, 472, 473.

JUDICIAL DECISIONS

1.-5. [Reserved for future use.]

6. Under former Section 23-5-141.

1.-5. [Reserved for future use.]

6. Under former Section 23-5-141.

Since a local option election under § 1610 of the Code of 1892 (Code of 1906, § 1777) is not an election controlled by the provisions of the constitution of 1890, the ballots used at such election do not have to conform to the provisions of the constitution of 1890; It is enough for the ballot to contain the words “for the sale” and “against the sale.” Lehman v. Porter, 73 Miss. 216, 18 So. 920, 1895 Miss. LEXIS 109 (Miss. 1895).

§ 23-15-371. Loss or destruction of official ballots.

In case the official ballots prepared shall be lost or destroyed, the election commissioners shall have like ballots furnished in place of those lost or destroyed, if time remain therefor. If from any cause there should be no official ballots or an insufficient number at a voting place, and not sufficient time in which to have them printed, the ballots may be written; but, if written by anyone except the voter alone for himself or herself, the names of all candidates shall be written thereon, without any mark or device by which one (1) name may be distinguished from another, and the ballots shall be marked by the voter as provided for printed ballots. If the poll manager designated fails to have the ballots at the voting place at the proper time, or if he or she fails to distribute them, the poll managers, or those of them present at the election, shall provide ballots, and select some suitable person to distribute them, who shall take the oath required of the poll managers, and distribute the ballots according to law.

HISTORY: Derived from 1972 Code §23-5-143 [Codes, 1892, § 3661; 1906, § 4168; Hemingway’s 1917, § 6802; 1930, § 6236; 1942, § 3265; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 115; Laws, 2017, ch. 441, § 83, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “election commissioners” for “commissioners of election” in the first sentence; inserted “(1)” in the second sentence; inserted “poll” three times in the last sentence; and made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 300, 342, 343, 346, 347, 349, 359.

CJS.

29 C.J.S., Elections § 480.

§ 23-15-373. Report regarding lost ballots.

Within one (1) day after election day, the poll managers shall report to the election commissioners, under oath, as to the loss of official ballots, the number lost, and all facts connected therewith, which report the commissioners may deliver to the grand jury, if deemed advisable.

HISTORY: Derived from 1972 Code §23-5-145 [Codes, 1892, § 3662; 1906, § 4169; Hemingway’s 1917, § 6803; 1930, § 6237; 1942, § 3266; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 116; Laws, 2017, ch. 441, § 84, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “poll managers” for “managers of election.”

§ 23-15-375. Local issues.

Local issue elections may be held on the same date as any regular or general election. A local issue election held on the same date as the regular or general election shall be conducted in the same manner as the regular or general election using the same poll workers and the same equipment. A local issue may be placed on the regular or general election ballot pursuant to the provisions of Section 23-15-359. The provisions of this section and Section 23-15-359 with regard to local issue elections shall not be construed to affect any statutory requirements specifying the notice procedure and the necessary percentage of qualified electors voting in such an election which is needed for adoption of the local issue. Whether or not a local issue is adopted or defeated at a local issue election held on the same day as a regular or general election shall be determined in accordance with relevant statutory requirements regarding the necessary percentage of qualified electors who voted in the local issue election, and only those persons voting for or against the issue shall be counted in making that determination. As used in this section “local issue elections” include elections regarding the issuance of bonds, local option elections, elections regarding the levy of additional ad valorem taxes and other similar elections authorized by law that are called to consider issues that affect a single local governmental entity. As used in this section “local issue” means any issue that may be voted on in a local issue election.

HISTORY: Laws, 1989, ch. 431, § 1; Laws, 2017, ch. 441, § 85, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment deleted “Mississippi Code of 1972” from the end of the third sentence; and made minor stylistic changes.

Cross References —

Authority of commissioners to have printed on ballots local issues authorized by this section, and the date local issues must be filed with the commissioners, see §23-15-359.

Article 15. Voting Systems.

Subarticle A. General Provisions.

§ 23-15-391. Use of optical mark reading equipment or direct recording electronic voting equipment; use of paper ballot for special, municipal or runoff elections when determined to be less expensive.

The board of supervisors of each county and the governing authorities of each municipality shall use optical mark reading equipment or direct recording electronic voting 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 or direct recording electronic voting equipment.

HISTORY: Laws, 1986, ch. 495, § 117; Laws, 2005, ch. 534, § 15; Laws, 2017, ch. 441, § 86, eff from and after July 1, 2017.

Editor’s Notes —

On June 6, 2005, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2005, ch. 534, § 15.

Amendment Notes —

The 2005 amendment rewrote the section.

The 2017 amendment rewrote the section, which read: “The board of supervisors of each county in the State of Mississippi shall utilize voting machines, electronic voting systems, optical mark reading equipment or direct recording electronic voting equipment which shall comply with the specifications provided by law. The election commissioners may designate elections to be administered by paper ballot where the election commissioners determine that administration of an election by paper ballot will be less expensive than administration of the same election by voting machines, electronic voting systems, optical mark reading equipment or direct recording electronic voting equipment.”

RESEARCH REFERENCES

Law Reviews.

Stavis, A century of struggle for black enfranchisement in Mississippi: From the Civil War to the congressional challenge of 1965-and beyond. 57 Miss. L. J. 591, December, 1987.

Rhodes, Enforcing the Voting Rights Act in Mississippi through litigation. 57 Miss. L. J. 705, December, 1987.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

§ 23-15-393. Repealed.

Repealed by Laws of 2017, ch. 441, § 194, effective from and after July 1, 2017.

§23-15-393. [Laws, 2005, ch. 534, § 17, eff June 6, 2005 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.)]

Editor’s Notes —

Former §23-15-393 required that the number of voting machines to be used in each precinct in counties with a population of more than 250,000 be distributed in direct proportion to voter turnout in elections in the preceding two years.

Subarticle B. Voting machines.

§§ 23-15-401 through 23-15-451. Repealed.

Repealed by Laws of 2017, ch. 441, § 194, effective from and after July 1, 2017.

§23-15-401. [Derived from 1972 Code §23-7-1 [Codes, 1942, § 3316-24; Laws, 1954, ch. 360, § 24; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 118, eff from and after January 1, 1987.]

§23-15-403. [Derived from 1972 Code §23-7-3 [Codes, 1942, § 3316-01; Laws, 1954, ch. 360, § 1; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 119, eff from and after January 1, 1987.]

§23-15-405. [Derived from 1972 Code §23-7-5 [Codes, 1942, § 3316-02; Laws, 1954, ch. 360, § 2; Laws, 1978, ch. 387, § 1; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 120, eff from and after January 1, 1987.]

§23-15-407. [Derived from 1972 Code §23-7-7 [Codes, 1942, § 3316-03; Laws, 1954, ch. 360, § 3; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 121, eff from and after January 1, 1987.]

§23-15-409. [Derived from 1972 Code §23-7-9 [Codes, 1942, § 3316-04; Laws, 1954, ch. 360, § 4; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 122, eff from and after January 1, 1987.]

§23-15-411. [Derived from 1972 Code §23-7-11 [Codes, 1942, § 3316-05; Laws, 1954, ch. 360, § 5; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 123, eff from and after January 1, 1987.]

§23-15-413. [Derived from 1972 Code §23-7-13 [Codes, 1942, § 3316-06; Laws, 1954, ch. 360, § 6; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 124, eff from and after January 1, 1987.]

§23-15-415. [Derived from 1972 Code §23-7-15 [Codes, 1942, § 3316-07; Laws, 1954, ch. 360, § 7; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 125, eff from and after January 1, 1987.]

§23-15-417. [Derived from 1972 Code §23-7-17 [Codes, 1942, § 3316-08; Laws, 1954, ch. 360, § 8; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 126, eff from and after January 1, 1987.]

§23-15-419. [Derived from 1972 Code §23-7-19 [Codes, 1942, § 3316-09; Laws, 1954, ch. 360, § 9; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 127, eff from and after January 1, 1987.]

§23-15-421. [Derived from 1972 Code §23-7-21 [Codes, 1942, § 3316-10; Laws, 1954, ch. 360, § 10; repealed by Laws, 1986, ch. 495, § 335]; en, Laws, 1986, ch. 495, § 128, eff from and after January 1, 1987.]

§23-15-423. [Derived from 1972 Code §23-7-23 [Codes, 1942, § 3316-11; Laws, 1954, ch. 360, § 11; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 129; Laws, 2011, ch. 357, § 1, eff July 28, 2011 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.)]

§23-15-425. [Derived from 1972 Code §23-7-25 [Codes, 1942, § 3316-12; Laws, 1954, ch. 360, § 12; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 130, eff from and after January 1, 1987.]

§23-15-427. [Derived from 1972 Code §23-7-27 [Codes, 1942, § 3316-13; Laws, 1954, ch. 360, § 13; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 131, eff from and after January 1, 1987.]

§23-15-429. [Derived from 1972 Code §23-7-29 [Codes, 1942, § 3316-14; Laws, 1954, ch. 360, § 14; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 132, eff from and after January 1, 1987.]

§23-15-431. [Derived from 1972 Code §23-7-31 [Codes, 1942, § 3316-15; Laws, 1954, ch. 360, § 15; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 133, eff from and after January 1, 1987.]

§23-15-433. [Derived from 1972 Code §23-7-33 [Codes, 1942, § 3316-16; Laws, 1954, ch. 360, § 16; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 134, eff from and after January 1, 1987.]

§23-15-435. [Derived from 1972 Code §23-7-35 [Codes, 1942, § 3316-17; Laws, 1954, ch. 360, § 17; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 135, eff from and after January 1, 1987.]

§23-15-437. [Derived from 1972 Code §23-7-37 [Codes, 1942, § 3316-18; Laws, 1954, ch. 360, § 18; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 136, eff from and after January 1, 1987.]

§23-15-439. [Derived from 1972 Code §23-7-39 [Codes, 1942, § 3316-19; Laws, 1954, ch. 360, § 19; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 137, eff from and after January 1, 1987.]

§23-15-441. [Derived from 1972 Code §23-7-41 [Codes, 1942, § 3316-20; Laws, 1954, ch. 360, § 20; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 138, eff from and after January 1, 1987.]

§23-15-443. [Derived from 1972 Code §23-7-43 [Codes, 1942, § 3316-21; Laws, 1954, ch. 360, § 21; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 139, eff from and after January 1, 1987.]

§23-15-445. [Derived from 1972 Code §23-7-45 [Codes, 1942, § 3316-22; Laws, 1954, ch. 360, § 22; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 140, eff from and after January 1, 1987.]

§23-15-447. [Derived from 1972 Code §23-7-47 [Codes, 1942, § 3316-23; Laws, 1954, ch. 360, § 23; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 141, eff from and after January 1, 1987.]

§23-15-449. [Derived from 1972 Code §23-7-49 [Codes, 1942, § 3316-25; Laws, 1954, ch. 360, § 25; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 142, eff from and after January 1, 1987.]

§23-15-451. [Derived from 1972 Code §23-7-51 [Codes, 1942, § 3316-26; Laws, 1954, ch. 360, § 26; repealed by Laws, 1986, ch. 495, § 338]; en, Laws, 1986, ch. 495, § 143, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-401 provided the definitions of terms used in Chapter 15, Title 23.

Former §23-15-403 authorized county boards of supervisors and governing authorities of municipalities to purchase or rent voting machines, and provided construction requirements for those voting machines. For present provisions relating to the purchase or rent of OMR equipment by county or municipal governing authorities, see §23-15-505. For present provisions relating to the purchase or rent of DRE units by county or municipal governing authorities, see §23-15-531.1.

Former §23-15-405 related to the use of voting machines, purchased or rented, that met the requirements of Article 15, Chapter 15, Title 23.

Former §23-15-407 related to the preservation and repair of voting machines.

Former §23-15-409 related to the form of the ballots to be used in voting machines.

Former §23-15-411 related to the provision of sample or instruction ballots.

Former §23-15-413 required that two sets of official ballots be provided each polling place for use in voting machines and provided that all official ballots be returned at the close of the election.

Former §23-15-415 related to the preparation and protection of voting machines.

Former §23-15-417 related to the instruction of election managers and clerks.

Former §23-15-419 required the exhibition of voting machines containing sample ballots for the purpose of providing instruction on the use of the machine.

Former §23-15-421 related to the preparation and delivery of official ballots.

Former §23-15-423 related to the size of voting precincts and the minimum number of voting machines to be used in each primary or general election.

Former §23-15-425 required the replacement of official ballots that cannot be delivered in time for use on election day or are lost, destroyed or stolen.

Former §23-15-427 related to the procedure to be used if voting machines became inoperable during the time the polls were open.

Former §23-15-429 related to the preparation of the polling place and voting machines for opening the polls.

Former §23-15-431 related to voting by irregular ballots for persons not appearing on voting machines as nominated candidates.

Former §23-15-433 related to the arrangement of the polling room and who may be present in the polling room during elections.

Former §23-15-435 related to the casting of votes.

Former §23-15-437 related to the instruction of voters at the polling place on election day.

Former §23-15-439 provided that the provisions of election law relating to assistance to be given to blind or physically disabled voters also applied where voting machines were used.

Former §23-15-441 related to the procedure for closing the polls, reading and announcing the vote and the statement of canvass.

Former §23-15-443 related to locking the counter compartment and securing irregular ballots.

Former §23-15-445 related to securing the keys to the voting machines and storing the machines.

Former §23-15-447 provided penalties for the unlawful possession of a voting machine or voting machine keys and for tampering with a voting machine.

Former §23-15-449 related to the applicability of election laws then in force and provided that absentee ballots would be voted a then provided by law.

Former §23-15-451 provided that Sections23-15-401 through23-15-451 were supplemental and in addition to the election laws then in effect or as amended.

Subarticle C. Electronic Voting Systems.

Part 1. General Provisions

§§ 23-15-461 through 23-15-485. Repealed.

Repealed by Laws of 2017, ch. 441, § 195, effective from and after July 1, 2017.

§23-15-461. [Derived from 1972 Code §23-7-301 [Codes, 1942, § 3316-31; Laws, 1966, ch. 609, § 1; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 144; Laws, 2002, ch. 529, § 2, eff July 22, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.)]

§23-15-463. [Derived from 1972 Code §23-7-303 [Codes, 1942, § 3316-32; Laws, 1966, ch. 609, § 2; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 145, eff from and after January 1, 1987.]

§23-15-465. [Derived from 1972 Code §23-7-305 [Codes, 1942, § 3316-33; Laws, 1966, ch. 609, § 3; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 146, eff from and after January 1, 1987.]

§23-15-467. [Derived from 1972 Code §23-7-307 [Codes, 1942, § 3316-34; Laws, 1966, ch. 609, § 4; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 147, eff from and after January 1, 1987.]

§23-15-469. [Derived from 1972 Code §23-7-309 [Codes, 1942, § 3316-35; Laws, 1966, ch. 609, § 5; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 148, eff from and after January 1, 1987.]

§23-15-471. [Derived from 1972 Code §23-7-311 [Codes, 1942, § 3316-36; Laws, 1966, ch. 609, § 6; Laws, 1972, ch. 512, § 2; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 149, eff from and after January 1, 1987.]

§23-15-473. [Derived from 1972 Code §23-7-313 [Codes, 1942, § 3316-37; Laws, 1966, ch. 609, § 7; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 150, eff from and after January 1, 1987.]

§23-15-475. [Derived from 1972 Code §23-7-315 [Codes, 1942, § 3316-38; Laws, 1966, ch. 609, § 8; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 151, eff from and after January 1, 1987.]

§23-15-477. [Derived from 1972 Code §23-7-317 [Codes, 1942, § 3316-39; Laws, 1966, ch. 609, § 9; Laws, 1972, ch. 512, § 1; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 152, eff from and after January 1, 1987.]

§23-15-479. [Derived from 1972 Code §23-7-319 [Codes, 1942, § 3316-40; Laws, 1966, ch. 609, § 10; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 153, eff from and after January 1, 1987.]

§23-15-481. [Derived from 1972 Code §23-7-321 [Codes, 1942, § 3316-41; Laws, 1966, ch. 609, § 11; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 154, eff from and after January 1, 1987.]

§23-15-483. [Derived from 1972 Code §23-7-323 [Codes, 1942, § 3316-42; Laws, 1966, ch. 609, § 12; repealed by Laws, 1986, ch. 495, § 339]; Laws, 1986, ch. 495, § 155; Laws, 2002, ch. 529, § 3, eff July 29, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.)]

§23-15-485. [Derived from 1972 Code §23-7-325 [Codes, 1942, § 3316-43; Laws, 1966, ch. 609, § 13; repealed by Laws, 1986, ch. 495, § 339]; en, Laws, 1986, ch. 495, § 156, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-461 provided definitions for terms used in Subarticle C, Article 15, Chapter 15, Title 23.

Former §23-15-463 authorized boards of supervisors and governing authorities of municipalities to purchase or rent electronic voting systems and to change the boundaries of precincts within which the systems were used, provided §§23-15-461 through23-15-485 controlled in elections in which electronic voting systems were used, and provided that absentee ballots were to be voted as provided by law. For present provisions relating to the purchase or rent of OMR equipment by county or municipal governing authorities, see §23-15-505. For present provisions relating to the purchase or rent of DRE units by county or municipal governing authorities, see §23-15-531.1

Former §23-15-465 related to the construction of electronic voting systems.

Former §23-15-467 related to the use of voting equipment.

Former §23-15-469 related to the form of the ballots and the ballot labels, the posting of sample ballots and instructions and write-in ballots.

Former §23-15-471 related to the preparation and delivery of necessary forms and supplies.

Former §23-15-473 related to the storage, maintenance and repair of voting devices and the use of unofficial ballots when devices malfunctioned.

Former §23-15-475 required instruction of polling officers and the public display of voting devices.

Former §23-15-477 related to opening and closing the polls, instructing voters, and spoiled ballots.

Former §23-15-479 related to the report of the number of voters who voted, the sealing and delivery of the ballot box, and the return of records and supplies.

Former §23-15-481 related to the testing of the automatic tabulating equipment prior to the start of the count of ballots.

Former §23-15-483 related to counting the vote.

Former §23-15-485 authorized the Secretary of State to issue supplementary instructions and procedures for the use of electronic voting systems and the commissioners of election to make all necessary provisions for the conduct of elections with approved electronic voting systems.

Part 2. Training on Use of Electronic Voting Equipment

§ 23-15-491. Repealed.

Repealed by its own terms, effective July 1, 2009.

§23-15-491. [Laws, 2006, ch. 592, § 1, eff June 29, 2006 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.)]

Editor’s Notes —

Former §23-15-491 authorized commissioners of election to sponsor and conduct training sessions to educate qualified electors regarding the operation of electronic voting systems.

Subarticle D. Optical Mark Reading Equipment.

§ 23-15-501. Repealed.

Repealed by Laws of 2017, ch. 441, § 195, effective from and after July 1, 2017.

§23-15-501. [Derived from 1972 Code §23-7-501 [Laws, 1984, ch. 509, § 1; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 157, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-501 provided that §§23-15-501 through23-15-525 were supplemental and in addition to the election laws then in effect or as amended.

§ 23-15-503. Definitions.

As used in this subarticle, unless otherwise specified:

“Optimal mark reading (OMR)” means a method of capturing data electronically into a computer system.

“Optical mark reading equipment (OMR)” means an apparatus that reads pen and pencil marks made in pre-defined positions on paper ballots to automatically examine and count votes.

“Counting center” means one or more locations used for the automatic counting of ballots.

“Marking device” means a pen or pencil that the voters use to record their paper ballots, which is readable by the OMR equipment.

“Ballot” means a paper ballot on which votes are recorded by means of marking the ballot with a marking device.

HISTORY: Derived from 1972 Code §23-7-503 [Laws, 1984, ch. 509, § 2; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 158; Laws, 2017, ch. 441, § 87, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote (a), which read: “ ‘OMR’ means optical mark reading”; rewrote (b), which read: “ ‘Optical mark reading equipment (OMR)’ means any apparatus necessary to automatically examine and count votes as designated on paper ballots”; deleted (d), which read: “ ‘Electronic voting systems’ means a system in which votes are recorded on a paper ballot by means of marking, and such votes are subsequently counted and tabulated by optical mark reading equipment at one or more counting centers” and redesignated former (e) and (f) as (d) and (e); rewrote (d), which read: “ ‘Marking device’ means a pen or pencil which the voters use to record their votes by marking a paper ballot”; and made minor stylistic changes.

§ 23-15-505. Authority to purchase or rent OMR equipment; applicable law.

The board of supervisors of any county and the governing authorities of any municipality are hereby authorized and empowered, in their discretion, to purchase or rent OMR equipment that meets the requirements of Section 23-15-507 and may use such system in all or a part of the precincts within its boundaries. The provisions of this chapter shall be controlling with respect to elections in which OMR equipment is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable, shall apply.

HISTORY: Derived from 1972 Code §23-7-505 [Laws, 1984, ch. 509, § 3; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 159; Laws, 2017, ch. 441, § 88, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote the section, which read: “The board of supervisors of any county in the State of Mississippi and the governing authorities of any municipality in the State of Mississippi are hereby authorized and empowered, in their discretion, to purchase or rent optical mark reading equipment used in an electronic voting system which meets the requirements of Section 23-15-507 and may use such system in all or a part of the precincts within its boundaries. It may enlarge, consolidate or alter the boundaries of precincts where an electronic voting system is used. The provisions of this chapter shall be controlling with respect to elections where any OMR system is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, that are to be manually tabulated, insofar as they are applicable and not in conflict with the efficient conduct of the systems, shall apply.”

Cross References —

Use of paper ballots for special, municipal and runoff elections, see §23-15-391.

§ 23-15-507. Construction of OMR equipment.

No OMR equipment shall be acquired or used in accordance with this chapter unless it shall:

Permit eligible voters to vote at any election for all persons for whom they are lawfully entitled to vote; to vote for as many persons for an office as they are lawfully entitled to vote; to vote for or against any ballot initiative, measure or other local issue upon which they are lawfully entitled to vote;

The OMR equipment shall be capable of rejecting choices marked on the ballot if the number of choices exceeds the number that the voter is entitled to vote for the office or on the measure;

Permit each voter, in presidential elections, by one (1) mark to vote for the candidates of that party for President, Vice President, and their presidential electors, or to vote individually for the electors of their choice when permitted by law;

Permit each voter, in other than primary elections, to vote for the nominees of one or more parties and for independent candidates;

Permit each voter to vote for candidates only in the primary in which he or she is qualified to vote;

Permit each voter to vote for persons whose names are not on the printed ballot;

Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently and accurately in the conduct of elections and the counting of ballots;

Be provided with means for sealing the ballots after the close of the polls;

When properly operated, record correctly and count accurately all votes cast; and

Provide the voter with a set of instructions that will be displayed in such a way that a voter may readily learn the method of voting.

HISTORY: Derived from 1972 Code §23-7-507 [Laws, 1984, ch. 509, § 4; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 160; Laws, 2017, ch. 441, § 89, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “OMR equipment” for “optical mark reading system” in the introductory paragraph; in (a), substituted “eligible voters” for “each voter,” inserted “lawfully” twice, and substituted “any ballot initiative, measure or other local issue” for “any questions”; rewrote (b), which read: “The OMR tabulating equipment shall be capable of rejecting choices recorded on the ballot if the number of choices exceeds the number which the voter is entitled to vote for the office or on the measure”; substituted “candidates” for “nominees” at the end of (d); deleted “and the last voter has voted” following “close of the polls” in (h); substituted “displayed in such a way that” for “so displayed that” in (j); and made gender neutral and minor stylistic changes.

Cross References —

Provision that counties and municipalities may purchase or rent optical mark reading equipment used in an electronic voting system which meets the requirements of this section, see §23-15-505.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 284-300, 307.

CJS.

29 C.J.S., Elections §§ 457–462, 540.

§ 23-15-509. Repealed.

Repealed by Laws of 2017, ch. 441, § 196, effective from and after July 1, 2017.

§23-15-509. [Derived from 1972 Code §23-7-509 [Laws, 1984, ch. 509, § 5; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 161, eff from and after January 1, 1987.]

Editor’s Notes —

Former §23-15-531.7 required public exhibition and demonstration of the use of the DRE units.

§ 23-15-511. Form of ballots; posting of sample ballots; ballot security envelopes.

The ballots shall, as far as practicable, be in the same order of arrangement as provided for paper ballots that are to be counted manually, except that the information may be printed in vertical or horizontal rows. Nothing in this chapter shall be construed as prohibiting the information being presented to the voters from being printed on both sides of a single ballot. In those years when a special election shall occur on the same day as the general election, the names of candidates in any special election and the general election shall be placed on the same ballot by the election commissioners or officials in charge of the election, but the general election candidates shall be clearly distinguished from the special election candidates. At any time a special election is held on the same day as a party primary election, the names of the candidates in the special election may be placed on the same ballot by the officials in charge of the election, but shall be clearly distinguished as special election candidates or primary election candidates.

Ballots shall be printed in plain clear type in black ink and upon clear white materials of such size and arrangement as to be compatible with the OMR equipment. Absentee ballots shall be prepared and printed in the same form and shall be on the same size and texture as the regular official ballots, except that they shall be printed on tinted paper; or the ink used to print the ballots shall be of a color different from that of the ink used to print the regular official ballots. Arrows may be printed on the ballot to indicate the place to mark the ballot, which may be to the right or left of the names of candidates and propositions. The titles of offices may be arranged in vertical columns on the ballot and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. In case there are more candidates for an office than can be printed in one (1) column, the ballot shall be clearly marked that the list of candidates is continued on the following column. The names of candidates for each office shall be printed in vertical columns, grouped by the offices that they seek. In partisan elections, the party designation of each candidate, which may be abbreviated, shall be printed following his or her name.

One (1) sample ballot, which shall be a facsimile of the official ballot and instructions to the voters, shall be provided for each precinct and shall be posted in each polling place on election day.

A separate ballot security envelope or suitable equivalent in which the voter can place his or her ballot after voting, shall be provided to conceal the choices the voter has made. Absentee voters will receive a similar ballot security envelope provided by the county in which the absentee voter will insert their voted ballot, which then can be inserted into a return envelope to be mailed back to the election official. Absentee ballots will not be required to be folded when a ballot security envelope is provided.

HISTORY: Derived from 1972 Code §23-7-511 [Laws, 1984, ch. 509, § 6; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 162; Laws, 2017, ch. 441, § 90, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in the first paragraph, substituted “election commissioners” for “commissioners of election” in the third sentence, and inserted “by the official in charge of the election” in the last sentence; substituted “OMR equipment” for “OMR tabulating equipment” in the first sentence of the second paragraph; in the third paragraph, substituted “One (1) sample ballot” for “Two (2) sample ballots” and made related changes; and made gender neutral and minor stylistic changes.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 284-300, 307.

CJS.

29 C.J.S., Elections §§ 457–462, 540.

§ 23-15-513. Preparation and delivery of necessary forms and supplies; minimum number of ballots to be printed.

  1. The official ballots, sample ballots and other necessary forms and supplies of the forms and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same official, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots that are to be counted manually.
  2. For each primary election, the number of official ballots that shall be printed by each executive committee shall be not less than one hundred twenty-five percent (125%) of the highest number of votes cast in a comparable primary election conducted by the same political party in the preceding ten (10) years.
  3. For each general election, the number of official ballots that shall be printed shall be a number equal to not less than sixty percent (60%) of the registered voters eligible to vote in the election.

HISTORY: Derived from 1972 Code §23-7-513 [Laws, 1984, ch. 509, § 7; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 163; Laws, 2011, ch. 357, § 2; Laws, 2017, ch. 441, § 91, eff from and after July 1, 2017.

Editor’s Notes —

By letter dated July 28, 2011, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2011, ch. 357.

Amendment Notes —

The 2011 amendment added (2).

The 2017 amendment rewrote (2), which read: “For each primary or general election the number of official ballots that shall be printed shall be a number that is equal to not less than seventy-five percent (75%) of the registered voters eligible to vote in the election”; and added (3).

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 307.

CJS.

29 C.J.S., Elections § 529.

§ 23-15-515. Storage, maintenance, repair and preparation of equipment.

The circuit clerk shall be the custodian of OMR equipment acquired by the county, who shall be charged with the proper storage, maintenance and repair of the OMR equipment. The municipal clerk shall be the custodian of the OMR equipment acquired by the municipality, and shall be charged with the proper storage, maintenance and repair of the OMR equipment. The custodian or the officials in charge of the election shall repair or replace any OMR equipment which fails to function properly on election day.

HISTORY: Derived from 1972 Code §23-7-515 [Laws, 1984, ch. 509, § 8; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 164; Laws, 2017, ch. 441, § 92, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote the section, which read: “The circuit court clerk shall be the custodian of OMR tabulating equipment acquired by the county, who shall be charged with the proper storage, maintenance and repair of the OMR equipment and preparation of them for tabulating prior to elections. The custodian shall repair or replace any tabulating equipment which fails to function properly on election day. The clerk of any municipality which acquires OMR tabulating equipment shall be the custodian of such equipment and perform the same functions.”

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections § 307.

CJS.

29 C.J.S., Elections § 529.

§ 23-15-517. Opening and closing polls; instructing voters; spoiled ballots.

At least one (1) hour before the opening of the polls, the officials in charge of the election shall arrive at the polling place and set up the voting booths so that they will be in clear view of the poll managers; the poll managers shall examine the ballots to verify that they have the correct ballots for their precinct and check the supplies, records and forms, and post the sample ballots and instructions to the voters. They shall also inspect the ballot boxes to ensure they contain only voted absentee ballots in their envelopes with the required applications, and then seal the box for voting.

Each voter shall receive written and/or verbal instructions by the poll managers instructing the voter how to properly vote the paper ballot before the voter enters the voting booth. If any voter needs additional instructions after entering the voting booth, two (2) poll managers may, if necessary, enter the booth and give him or her such additional instructions. If any voter spoils a ballot the voter may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word “SPOILED” shall be written across the face of the ballot and it shall be deposited into the sealed ballot box. When the polls close once the last ballot has been cast or at 7:00 p.m., whichever is later, the poll managers shall break the seal on the ballot box to process the absentee ballots. Ballots marked as spoiled shall be bundled together and placed in an envelope designated for spoiled ballots. Once the polls have officially closed, the envelope that contains the spoiled ballots and the unused ballots shall be placed in the ballot box or other container provided for that purpose which shall be sealed and returned to the officials in charge of the election.

HISTORY: Derived from 1972 Code §23-7-517 [Laws, 1984, ch. 509, § 9; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 165; Laws, 2017, ch. 441, § 93, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote the first paragraph, which read: “At least thirty (30) minutes before the opening of the polls, the voting precinct election officers shall arrive at the polling place and set up the voting booths so that they will be in clear view of the election officers; the voting precinct election officers shall examine the ballots to verify that they have the correct ballots for their precinct and check the supplies, records and forms, and post the sample ballots and instruction to the voter. They shall also inspect the ballot boxes to insure they are empty, and then seal the box for voting”; and rewrote the second paragraph, which read: “Each voter shall receive written and/or verbal instructions by the voting precinct election official instructing the voter how to properly vote the paper ballot before they enter the voting booth. If any voter needs additional instructions after entering the voting booth, two (2) election officers may, if necessary, enter the booth and give him such additional instructions. If any voter spoils a ballot he may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word ‘SPOILED’ shall be written across the face of the ballot and it shall be placed in the envelope for spoiled ballots. As soon as the polls have been closed and the last qualified voter has voted, the ballots shall be sealed against further voting. All unused ballots shall be placed in a container provided for that purpose which shall be sealed and returned to the officials in charge of the election.”

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 307, 319-380.

CJS.

29 C.J.S., Elections §§ 486–516, 529.

§ 23-15-519. Ballot accounting report; tamper-evident seals for ballot boxes; seal log; delivery of ballot box; return of records and supplies.

The poll managers shall prepare a ballot accounting report that documents the number of voters who have voted, as indicated by the receipt book and the number of ballots used in the election. The poll managers shall place the report in the ballot box, with the seal logs, receipt books, absentee ballots, affidavit ballots, challenged ballots, curbside ballots, emergency ballots, spoiled ballots and unused ballots, which thereupon shall be sealed with a tamper-evident seal, which is a seal that has been designed in such a way to allow someone to easily detect any tampering, so that no additional ballots may be deposited or removed from the ballot box. The poll managers, while they have possession of the election materials, and the officials in charge of the election, once the poll managers have delivered the ballot box to the counting center or other designated place, shall be required to keep a seal log to document each time a tamper-evident seal for a ballot box is opened or changed. The seal log shall require the name of the person who opened the seal, the old seal number, the new seal number, the date the seal was opened and the purpose for opening the seal. The receiving and returning poll manager shall deliver the ballot box to the counting center or other designated place and receive a signed, numbered receipt therefor. The poll books and other records and supplies shall be returned as directed by the officials in charge of the election. Failure to strictly comply with the provisions of this section shall not result in a presumption of fraud.

HISTORY: Derived from 1972 Code §23-7-519 [Laws, 1984, ch. 509, § 10; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 166; Laws, 2017, ch. 441, § 94, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote the first sentence, which read: “The managers shall prepare a report in duplicate of the number of voters who have voted, as indicated by the poll list, and shall place this report in the ballot box, which thereupon shall be sealed with a paper seal signed by the managers so that no additional ballots may be deposited or removed from the ballot box,” and divided it into the present first and second sentences; added the third and fourth sentences; rewrote the fifth and sixth sentences, which read: “The manager or other person who acts as returning officer shall forthwith deliver the ballot box to the counting center or other designated place and receive a signed, numbered receipt therefor. The poll list, register of voters, unused ballots, spoiled ballots, and other records and supplies, shall be returned as directed by the officials in charge of the election” and added the last sentence.

§ 23-15-521. Testing of OMR equipment.

Before counting the ballots, the election commissioners, or their designees, shall have the OMR equipment tested to ascertain that it will accurately count the votes cast for all offices and on all measures. Representatives of the political parties, candidates, the press and the general public may witness the test conducted on the OMR equipment. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballots that have votes in excess of the number allowed by law in order to test the ability of the OMR equipment to reject such votes. If any error is detected, the cause of the error shall be ascertained and corrected and an errorless count shall be made and certified to by the officials in charge before the count is started. On completion of the count, the programs, test materials and ballots shall be sealed and retained as provided for paper ballots.

HISTORY: Derived from 1972 Code §23-7-521 [Laws, 1984, ch. 509, § 11; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 167; Laws, 2017, ch. 441, § 95, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “OMR equipment” for “OMR tabulating equipment” in the first, second and third sentences; substituted “Before counting the ballots, the election commissioners, or their designees” for “Prior to the start of the count of the ballots, the commissioners of elections or officials in charge of the election” in the first sentence; substituted “the cause of the error” for “the cause therefor” in the next-to-last sentence; and made a minor stylistic change.

§ 23-15-523. Counting vote.

  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.
    1. 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.
    2. 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.
    3. The resolution board shall prepare a duplicate to the damaged or defective ballot in the following manner:
      1. The resolution board shall prepare a duplicate to the original damaged or defective ballot marked identically to the original.
      2. 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.
      3. The duplicate ballots prepared pursuant to this paragraph shall be counted by the OMR equipment.
  3. 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).
  4. 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.
  5. 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:
    1. The voter marks the ballot with a “cross” (X) or “checkmark” (Π) 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.
    2. 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.
    3. The voter marks the ballot with a “cross” (X) or “checkmark” (Π) and the lines that form the mark intersect adjacent to the ballot measure or the name of the candidate.
    4. The voter underlines the ballot measure or the name of a candidate.
    5. The voter draws a line from the arrow, oval, circle or square to a ballot measure or the name of a candidate.
    6. The voter draws a circle or oval around the ballot measure or the name of the candidate.
    7. 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.
  6. 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:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
  7. 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.
  8. Ballots shall be manually counted by the resolution board only when the ballots are:
    1. 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
    2. Properly before the resolution board due to a malfunction in the OMR equipment.
  9. The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
  10. 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).

HISTORY: Derived from 1972 Code §23-7-523 [Laws, 1984, ch. 509, § 12; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 168; Laws, 2002, ch. 529, § 1; Laws, 2008, ch. 528, § 7; Laws, 2009, ch. 490, § 1; Laws, 2017, ch. 441, § 96, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in the fourth paragraph. The words “nondetectible” and “detectible” were changed to “nondetectable” and “detectable”, respectively. The Joint Committee ratified the corrections at its May 20, 1998 meeting.

Editor’s Notes —

The United States Attorney General, by letter dated July 22, 2002, interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws 2002, ch. 529.

On August 7, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 528.

By letter dated July 21, 2009, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws, 2009, ch. 490, § 1.

Amendment Notes —

The 2002 amendment rewrote the section.

The 2008 amendment added the last two sentences of (2).

The 2009 amendment, inserted “who have received the training required by subsection (11) of this section” in (2); and added (11).

The 2017 amendment substituted “election commissioners” for “commissioners of election,” “OMR equipment” for “OMR tabulating equipment,” and “members of the resolution board” for “judges on the resolution board” throughout; rewrote the second sentence of (1), which read: “All persons who are engaged in processing and counting of the ballots shall be deputized in writing and take oath that they will faithfully perform their assigned duties”; in (2), rewrote the fifth sentence, which read: “Commissioners of election, candidates who are on the ballot at the election and the parents, siblings or children of such a candidate shall not be appointed to the resolution board,” and substituted “In general and special elections” for “if the election is not a primary election” in the last sentence; in (3), inserted “ascertain the intent of the voter, if possible, and, if so,” and deleted “who shall determine the intent of the voter and record the vote consistent with this determination” from the end of (b), and rewrote (c), which read: “As an alternative to the procedure provided for in paragraph (b) of this subsection, the resolution board may be instructed by the officials in charge of the election to prepare a duplicate to the damaged or defective ballot in the following manner”; in (4), added “The resolution board shall examine” at the beginning, and rewrote the last sentence, which read: “If it is determined that the ballot was marked with a nondetectable device, the resolution board may mark over the voter’s mark with a detectable marking device”; in (5), inserted “rejected”; and substituted “and voter intent” for “if the voter intent” in the second sentence and deleted the former third sentence, which read: “If for any reason it becomes impracticable to count all or a part of the ballots with the OMR tabulating equipment, the officials in charge may direct that they be counted manually, and voter intent shall be determined by following the provisions of this section”; deleted “in accordance with the ballot instruction” following “or a ballot measure” in (6); in (7), deleted “except as provided in paragraph (b) of this subsection” from the end of the first sentence of (a), inserted “for that candidate” in (b), and substituted “invalid” for “defective” in (c); in (8), substituted “ballots” for “ballot cards” three times, and substituted “used” for “utilized” at the end; rewrote (11), which read: “Qualified electors who are appointed to serve as members of the resolution board shall be required to have the training required for election managers pursuant to Section 23-15-239”; and made gender neutral and minor stylistic changes.

OPINIONS OF THE ATTORNEY GENERAL

Since ballots will be counted in presence of officials of both parties and general public, there is no apparent prohibition against representative of one party using key to particular voting machine to initiate counting process which would include counting of ballots for another party. 1992 Miss. Op. Att'y Gen. 572.

RESEARCH REFERENCES

Law Reviews.

Mississippi Election Code of 1986, 56 Miss. L. J. 535, December 1986.

JUDICIAL DECISIONS

1. In general.

Determination of intent of voters of certain contested ballots is by its very nature fact inquiry to be made by Special Tribunal and Supreme Court’s duty is to respect Special Tribunal’s findings where it was not manifestly wrong. Wade v. Williams, 517 So. 2d 573, 1987 Miss. LEXIS 2971 (Miss. 1987).

§ 23-15-525. Authority of Secretary of State and election commissioners for the safe and efficient use of OMR equipment; resolution board for rejected ballots.

  1. The Secretary of State shall have the power to issue supplementary instructions and procedures for the safe and efficient use of OMR equipment within the State of Mississippi and to carry out the purpose of the chapter. Subject to such instructions and procedures provided by the Secretary of State and the provisions of this chapter, the election commissioners shall have the power to make additional provisions for the conduct of elections with the OMR equipment.
  2. If for any reason the OMR equipment shall become inoperable, the poll managers shall direct voters to operating OMR equipment or to cast emergency paper ballots. The paper ballots shall be administered in accordance with the laws concerning paper ballots.

HISTORY: Derived from 1972 Code §23-7-525 [Laws, 1984, ch. 509, § 13; repealed by Laws, 1986, ch. 495, § 340]; en, Laws, 1986, ch. 495, § 169; Laws, 2017, ch. 441, § 97, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in (1), substituted “OMR equipment” for “OMR tabulating equipment” inserted “provided by the Secretary of State” and substituted “election commissioners” for “commissioner of elections,” “make additional provisions” for “make all necessary and desirable provisions” and “the OMR equipment” for “approved electronic voting systems”; and added (2).

Subarticle E. Direct recording electronic voting equipment (DRE).

§ 23-15-531. Direct recording electronic voting equipment (DRE unit) defined.

“Direct recording electronic voting equipment (DRE unit)” means a computer driven unit for casting and counting votes on which an elector touches a video screen or a button adjacent to a video screen to cast his or her vote.

HISTORY: Laws, 2005, ch. 534, § 1; Laws, 2017, ch. 441, § 98, eff from and after July 1, 2017.

Editor’s Notes —

On June 6, 2005, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the enactment of this subarticle by Laws of 2005, ch. 534, §§ 1 through 14.

Amendment Notes —

The 2017 amendment deleted the introductory paragraph and (a), which read: “As used in this subarticle: (a) ‘DRE’ means direct recording electronic voting equipment”; and inserted “(DRE unit).”

§ 23-15-531.1. Minimum requirements DRE systems must meet to be used in elections.

  1. The board of supervisors of each county and the governing authorities of each municipality are hereby authorized and empowered, in their discretion, to purchase or rent DRE units that meets the requirements of subsection (2) of this section and may use such system in all or a part of the precincts within its boundaries. The provisions of this chapter shall be controlling with respect to elections in which a DRE unit is used, and shall be liberally construed so as to carry out the purpose of this chapter. The provisions of the election law relating to the conduct of elections with paper ballots, insofar as they are applicable, shall apply.
  2. No DRE unit shall be acquired or used in accordance with this chapter unless it shall:
    1. Permit the voter to verify, in a private and independent manner, the votes selected by the voter on the ballot before the ballot is cast and counted;
    2. Provide the voter with the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is cast and counted, including, but not limited to, the opportunity to correct the error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct any error;
    3. If the voter votes for more candidates for a single office than are eligible for election:
      1. Notify the voter that he or she has selected more candidates for that office than are eligible for election;
      2. Notify the voter before his or her vote is cast and counted of the effect of casting multiple votes for such an office; and
      3. Provide the voter with the opportunity to correct the ballot before the ballot is cast and counted;
    4. Produce a permanent paper record with a manual audit capability;
    5. Have the capability to print the ballots cast by electors;
    6. Be accessible for individuals with disabilities, including, but not limited to, nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters. This requirement may be satisfied through the use of at least one (1) DRE unit or other voting unit equipped for individuals with disabilities at each polling place;
    7. Provide alternative language accessibility pursuant to the requirements of the Voting Rights Act of 1965; and
    8. Have a residual vote rate in counting ballots attributable to the voting system and not to voter error that complies with error rate standards established under the voting system standards issued by the Federal Election Commission in effect as of October 29, 2002.

HISTORY: Laws, 2005, ch. 534, § 2, eff June 6, 2005 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section); Laws, 2017, ch. 441, § 99, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment deleted the introductory paragraph, which read: “Each DRE unit shall”; added (1) and the introductory paragraph of (2); in (2), deleted “selects” following “voter” in the introductory paragraph of (c), rewrote (d) and (e), which read: “(d) Produce a permanent paper record with a manual audit capacity which shall be available for any recount conducted with respect to the election in which the DRE unit is used; (e) Have the capability to print the ballots cast by electors to be utilized in the event of a recount conducted with respect to the election in which the DRE is used” and deleted “which were” following “Commission” in (h); and made gender neutral changes.

§ 23-15-531.2. Manner in which DRE units must be arranged at polling places.

DRE units shall be arranged in the polling place in such a manner as to:

Ensure the privacy of the elector while voting on the units;

Allow monitoring of the units by the poll managers while the polls are open; and

Permit the public and lawful poll watchers to observe the voting without affecting the privacy of the electors as they vote.

HISTORY: Laws, 2005, ch. 534, § 3; Laws, 2017, ch. 441, § 100, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “DRE units” for “DREs” and made a minor stylistic change.

§ 23-15-531.3. Form of ballot; requirements where color display is used.

  1. The ballots for DRE units shall be of such size and arrangement as will suit the construction of the DRE screen and shall be in plain, clear type that is easily readable by persons with normal vision.
    1. If the DRE unit has the capacity for color display, the names of all candidates in a particular race shall be displayed in the same color, font and size, and the political party or affiliation of candidates may be displayed in a color different from that used to display the names of the candidates, but all political parties or affiliations shall be displayed in the same color. All political party names shall be displayed in the same size and font.
    2. All ballot questions, local options, referenda and constitutional amendments shall be displayed in the same color.

HISTORY: Laws, 2005, ch. 534, § 4; Laws, 2017, ch. 441, § 101, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “DRE units” for “DREs” in (1); in (2), substituted “DRE unit” for “equipment” in (a), and inserted “local options, referenda” in (b); and made a minor stylistic change.

§ 23-15-531.4. Circuit clerk to be custodian of county DRE units; municipal clerk to be custodian of municipal DRE units.

  1. The circuit clerk shall be the custodian of the DRE units acquired by the county and shall be charged with the proper storage, maintenance and repair of the county’s DRE units.
  2. The municipal clerk shall be the custodian of the DRE unit acquired by the municipality, and shall be charged with the proper storage, maintenance and repair of the DRE unit.
  3. The custodian shall provide compensation for the safe storage and care of the DRE units and related equipment if the same are stored and secured by a person or entity other than the circuit or municipal clerk.

HISTORY: Laws, 2005, ch. 534, § 5; Laws, 2011, ch. 357, § 3; Laws, 2017, ch. 441, § 102, eff from and after July 1, 2017.

Editor’s Notes —

By letter dated July 28, 2011, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2011, ch. 357.

Amendment Notes —

The 2011 amendment, in (1), added (a), and redesignated the remaining paragraphs accordingly.

The 2017 amendment rewrote the section to delete references to the duties of officials in charge of the election in regard to the use, delivery and placement of DREs, and the testing of the units to ascertain the units correctly count votes.

§ 23-15-531.5. Arrangement of offices, names of candidates and ballot questions on DRE ballots; creation of database for DRE units.

  1. The arrangement of offices, names of candidates and ballot questions upon the DRE ballots shall conform as nearly as practicable to the arrangement of offices, names of candidates and ballot questions on paper ballots.
  2. The officials in charge of the election of each county or municipality shall cause the creation of the database for each DRE unit that is to be used in any precinct within the county or municipality.