§§ 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 Repealed.

Repealed by Laws, 1986, ch. 495, § 331, eff from and after January 1, 1987.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

§ 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 Repealed.

Repealed by Laws, 1986, ch. 484, § 15, eff from and after January 1, 1987.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 Repealed.

Repealed by Laws, 1986, ch. 495, § 331, eff from and after January 1, 1987.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

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§ 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]

§§ 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]

§§ 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]

§§ 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]

§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§§ 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]

§ 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]

§§ 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]

§§ 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]

§§ 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]

§ 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.

§ 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.

§ 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.
2. 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.
3. 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.
4. 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).

§ 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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).

§ 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.

§ 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).

§ 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).]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.
5. 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).

§ 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 [Effective until July 1, 2019].

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.

§ 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 [BroughtForwardUnchanged effective July 1, 2019].

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 the change in corporate boundaries, provide to the county registrar conforming geographic data that is compatible with the Statewide Elections Management System. The data shall be developed by the municipality’s use of a standardized format specified by the Statewide Elections Management System. The county registrar, county election commissioner or other county official, who has completed an annual training seminar sponsored by the Secretary of State pertaining to the implementation of new boundary lines in the Statewide Elections Management System and received certification for that training, shall update the municipal boundary information into the Statewide Elections Management System. The Statewide Elections Management System updates the municipal voter registration records and assigns electors to their municipal voting precincts. The county registrar shall forward to the municipal clerk written notification of the additions and changes, and the municipal clerk shall forward to the affected municipal electors written notification of the additions and changes.

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; brought forward without change, Laws, 2019, ch. 340, § 7, eff from and after July 1, 2019.

§ 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.

§ 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.

§ 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.

§ 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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).

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

1. 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.

2. 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.
3. 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.

§ 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).

§ 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).

§ 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.

§ 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.

§ 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).

§ 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.

§ 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.

§ 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.

§ 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.

§ 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).

§ 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.

§ 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.

§ 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.

§ 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.]

§ 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).

§ 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).]

§ 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.]

§ 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.]

§ 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.

§ 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.

§ 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).

§ 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.)]

§ 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.)]

§ 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.]

§ 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.]

§ 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.

§ 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).]

§§ 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.]

§ 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.

§ 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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

11. 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.

§§ 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]

§ 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.]

§ 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.)]

§ 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.

§ 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.

§ 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.
6. 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.

§ 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.)]

§ 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).

§ 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).

§ 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).

§ 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).

§ 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).

§ 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).

§ 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.)]

§ 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).

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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).

§ 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).]

§ 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.

§ 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.
2. 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.
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. 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.
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; 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 23-15-225. Compensation of registrars [Effective until January 1, 2020].

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.

§ 23-15-225. Compensation of registrars.

[Effective from and after January 1, 2020]

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 Thirty-one Thousand Three Hundred Ninety-five Dollars ($31,395.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
   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-six Thousand Five Hundred Sixty-five Dollars ($26,565.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
   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-four Thousand One Hundred Fifty Dollars ($24,150.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
   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-one Thousand Seven Hundred Thirty-five Dollars ($21,735.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
   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 Nineteen Thousand Three Hundred Twenty Dollars ($19,320.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
   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 Nine Hundred Five Dollars ($16,905.00), but not less than Nine Thousand Six Hundred Sixty Dollars ($9,660.00).
   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 Fourteen Thousand Four Hundred Ninety Dollars ($14,490.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
   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 Twelve Thousand Seventy-five Dollars ($12,075.00), but not less than Eight Thousand Four Hundred Fifty-two Dollars and Fifty Cents ($8,452.50).
   9. For counties with a total population of not more than six thousand (6,000), an amount not to exceed Nine Thousand Six Hundred Sixty Dollars ($9,660.00) but not less than Six Thousand Six Hundred Forty-one Dollars and Twenty-five Cents ($6,641.25).
   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; Laws, 2019, ch. 485, § 2, eff from and after January 1, 2020.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).
7. 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.

§ 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).
7. 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.
2. 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.
3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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).

§ 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.
2. 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.

§ 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).

§ 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.
4. 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.
5. 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.

§ 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.]

§ 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.

§ 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 [Effective until July 1, 2019].

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.

§ 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 [Effective July 1, 2019].

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. The board of supervisors shall notify the Office of the Secretary of State of the boundary of each supervisors district, sub-precinct and voting precinct as then fixed and shall provide the office a legal description and a map of each supervisors district, sub-precinct 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; Laws, 2019, ch. 340, § 2, eff from and after July 1, 2019.

§ 23-15-283. Alteration of boundaries [Effective until July 1, 2019].

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.

§ 23-15-283. Alteration of boundaries [Effective July 1, 2019].

1. The board of supervisors shall have power to alter the boundaries of the supervisors districts, voting precincts, sub-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.
4. Precinct boundary changes affected by the authority of this section or of any other provision of law shall not be implemented during any decade after the last day of September of the year ending in eight (8). Precinct boundaries in force and effect at such time shall remain in effect and unalterable until the last day of December in the next year ending in zero. This prohibition shall not bar the creation or modification of sub-precinct boundaries.

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; Laws, 2019, ch. 340, § 1, eff from and after July 1, 2019.

§ 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 [Effective until July 1, 2019].

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.

§ 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 [Effective July 1, 2019].

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, sub-precincts 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, sub-precincts, 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.Precinct boundaries may be changed only during the times provided in Section 23-15-283.

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, sub-precinct or voting precinct shall take effect less than thirty (30) days before the qualifying deadline for the office of county supervisor.

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; Laws, 2019, ch. 340, § 3, eff from and after July 1, 2019.

§ 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.

§ 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.

§ 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.

§ 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).

§ 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.

§ 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 [Effective until July 1, 2019].

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

8. 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.

§ 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 [Effective July 1, 2019].

1. 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 (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 (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
2. 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 (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 (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.
3. 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 (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 (b) shall be paid by 5:00 p.m. on the business day immediately following the Saturday, Sunday or legal holiday.
4. 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.
5. 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.
6. 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.
7. 1. 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 (i) of any felony in a court of this state, (ii) on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state, (iii) of any felony in a federal court on or after December 8, 1992, or (iv) of any offense that involved the misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. 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.
   2. If the proper executive committee or the Secretary of State, whichever is applicable, finds that a candidate either (I) is not a qualified elector, (ii) 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 (iii) has been convicted of a felony or other disqualifying offense as described in paragraph (a) of 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.
   3. 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.
   4. 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.
8. 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; Laws, 2019, ch. 362, § 1, eff from and after July 1, 2019.

§ 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.

§ 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).

§ 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.

§ 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.

§ 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.

§ 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.

§ 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).

§ 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).

§ 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.

§ 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.

§ 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.

§ 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.
4. 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.

§ 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.
2. 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.
3. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 [Effective until July 1, 2019].

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).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.

§ 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 [Effective July 1, 2019].

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).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 1. 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 (i) of any felony in a court of this state,(ii) on or after December 8, 1992, of any offense in another state which is a felony under the laws of this state,(iii) of any felony in a federal court on or after December 8, 1992, or (iv) of any offense that involved the misuse or abuse of his or her office or money coming into his or her hands by virtue of the office. 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.
   2. If the appropriate election commission finds that a candidate either (i) is not a qualified elector, (ii) 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 (iii) has been convicted of a felony or other disqualifying offense as described in paragraph (a) of 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.
10. 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.
11. 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; Laws, 2019, ch. 362, § 2, eff from and after July 1, 2019.

§ 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.

§ 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.

§ 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. 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.
2. 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.

§ 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.

§ 23-15-369. Form and substance of proposed constitutional amendment or other public measure.

1. 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.
2. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.)]

§§ 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.]

§§ 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.]

§ 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.)]

§ 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.]

§ 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.

§ 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.

§ 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.

§ 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.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.
3. 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.
4. The resolution board shall examine ballots that have been rejected by the OMR equipment for appearing to be “blank” to verify if they are blank or were marked with a “nondetectable” marking device. If it is determined that the ballot was marked with a nondetectable device, the resolution board shall prepare a duplicate to the original blank ballot in the same manner and in accordance with the same process provided in subsection (3)(c).
5. All ballots that are rejected by the OMR equipment and that contain overvotes shall be inspected by the resolution board. Regarding those rejected ballots upon which an overvote appears, if the voter intent cannot be determined by the resolution board, the officials in charge of the election may use the OMR equipment in determining the vote in the races that are unaffected by the overvote. All other ballots that are overvoted shall be counted manually following the provisions of this section at the direction of the officials in charge of the election. The return printed by the OMR equipment to which have been added the manually tallied ballots, which shall be duly certified by the officials in charge of the election, shall constitute the official return of each voting precinct. Unofficial and incomplete returns may be released during the count. Upon the completion of the counting, the official returns shall be open to the public.
6. When the resolution board reviews any OMR ballot in which the voter has failed to fill in the arrow, oval, circle or square for a candidate or a ballot measure, the resolution board shall, if the intent of the voter can be ascertained, count the vote if:
   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.
7. The resolution board, when inspecting an OMR ballot that contains or appears to contain one or more overvotes, appears to be damaged or defective, or is rejected by the OMR equipment for any reason or cannot be counted by the OMR equipment, shall make its determination in accordance with the following:
   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.
8. OMR equipment shall be programmed, calibrated, adjusted and set up to reject ballots that appear to be damaged or defective. Any switch, lever or feature on OMR equipment that enables or permits the OMR equipment to override the rejection of damaged or defective ballots so that such ballots will not be reviewed by the resolution board, shall not be used.
9. Ballots shall be manually counted by the resolution board only when the ballots are:
   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.
10. The resolution board shall make and keep a record regarding the handling and counting of all ballots inspected under this section.
11. The executive committee of each county or municipality, in the case of a primary election, or the election commissioners of each county or municipality, in the case of all other elections, in conjunction with the circuit or municipal clerk respectively, shall sponsor and conduct, a training session for up to two (2) hours, not less than five (5) days before each election, to instruct those qualified electors who are appointed to serve as members of the resolution board as to their specific duties in the election. No member appointed to serve on the resolution board shall serve in any election unless he or she has received such instruction once during the twelve (12) months immediately preceding the date upon which the election is held. Online training courses developed by the Secretary of State, though not sponsored or conducted by the executive committee or the election commissioners, may be used to meet the requirements of this subsection (11).

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.