MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By ...

MISSISSIPPI LEGISLATURE

REGULAR SESSION 2017

By: Representatives Denny, Reynolds, Sykes, Gibbs (72nd)

To: Apportionment and Elections

HOUSE BILL NO.

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AN ACT TO AMEND SECTION 23-15-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ONLINE VOTER REGISTRATION FOR FIRST-TIME VOTERS; TO AMEND SECTIONS 23-15-13, 23-15-35, 23-15-37, 23-15-39, 23-15-41 AND 23-15-79, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

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SECTION 1.

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amended as follows:

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23-15-49.

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Section 23-15-49, Mississippi Code of 1972, is

(1)

A person may register to vote under this

section if the person is:

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(a)

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23-15-11; and

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(b)

Eligible to register to vote under Section

Has a current and valid Mississippi driver's

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license or photo identification card issued by the Mississippi

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Department of Public Safety.

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(2)

A person described in subsection (1) of this section may

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submit a voter registration application using the procedures set

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forth in this section.

H. B. No. 373 17/HR31/R722 PAGE 1 (ENK\JAB)

*HR31/R722*

# deleted text version #

G1/2

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( * * *13)

(a)

The Secretary of State shall, with the

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support of the Mississippi Department of Public Safety, establish

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a secure Internet website to permit * * * registered electors to

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change their name, address or other information set forth in the

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elector's existing voter registration record persons described in

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subsection (1) of this section to submit voter registration

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applications.

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established by rule duly adopted by the Secretary of State.

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(b)

The form of the online application shall be

The secure website established under this

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subsection shall allow a person described in subsection (1) of

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this section to submit an application:

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(i)

For registration as a first-time voter in

Mississippi; or

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(ii)

To change the applicant's name, address or

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other information set forth in the applicant's existing voter

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registration record.

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( * * *bc)

Upon the * * *request of an elector

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submission of an application through the secure website, the

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software used by the Secretary of State for processing

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applications through the website shall provide for verification

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that:

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(i)

The * * *elector applicant has a current and

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valid Mississippi driver's license or photo identification card

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issued by the Mississippi Department of Public Safety and the

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number for that driver's license or photo identification card H. B. No. 373 17/HR31/R722 PAGE 2 (ENK\JAB)

*HR31/R722*


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provided by the applicant matches the number for

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the * * *elector's applicant's driver's license or photo

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identification card that is on file with the Mississippi

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Department of Public Safety;

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(ii)

The name and date of birth provided by

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the * * *voter applicant matches the name and date of birth that

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is on file with the Mississippi Department of Public Safety; and

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(iii)

The applicant is a citizen of the State of

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Mississippi and of the United States and the information provided

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by the * * *elector applicant matches the information on file with

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the Mississippi Department of Public Safety.

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The application shall be reviewed by the county registrar of

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the applicant's county of residence.

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information does not match that on file with the Mississippi

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Department of Public Safety, or if the application is incomplete,

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the * * *changes registration shall be rejected.

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( * * *24)

If any of the required

Any person who attempts to * * *change

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registration information register to vote under this section shall

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be subject to the penalties for false registration provided for in

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Section 97-13-25.

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( * * *35)

The Secretary of State and the Department of

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Public Safety shall enter into a memorandum of understanding

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providing for the sharing of information required to facilitate

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the requirements of this section.


*HR31/R722*


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SECTION 2.


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amended as follows:

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23-15-13.

(1)

An elector who moves from one (1) ward or

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voting precinct to another ward within the same municipality or

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voting precinct within the same county shall not be disqualified

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to vote, but he or she shall be entitled to have his or her

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registration transferred to his or her new ward or voting precinct

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upon making written or online request therefor at any time up to

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thirty (30) days * * *prior to before the election at which he or

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she offers to vote, and if the removal occurs within thirty (30)

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days of * * *such the election he or she shall be entitled to vote

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in his or her new ward or voting precinct by affidavit ballot as

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provided in Section 23-15-573.

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(2)

If an elector requests a change in his or her address

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under Section 23-15-49 and the address is located in a precinct in

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the county or municipality that differs from the precinct as

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reflected in the then current registration records, the request

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shall be treated in the same manner as a written request to

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transfer the elector's registration under subsection (1) of this

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section.

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SECTION 3.


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amended as follows:

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23-15-35.

(1)

The clerk of the municipality shall be the

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registrar of voters of the municipality, and shall take the oath

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of office prescribed by Section 268 of the Constitution. H. B. No. 373 17/HR31/R722 PAGE 4 (ENK\JAB)

*HR31/R722*


The

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municipal registration shall conform to the county registration

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which shall be a part of the official record of registered voters

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as contained in the Statewide Elections Management System.

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municipal clerk shall comply with all the provisions of law

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regarding the registration of voters, including the use of the

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voter registration applications used by county registrars and

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prescribed by the Secretary of State under Sections 23-15-39 and

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23-15-47 and online voter registration prescribed by Section

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23-15-49.

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(2)

The

The municipal clerk shall be authorized to register

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applicants as county electors.

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notice of registration, a copy of the application for

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registration, and any changes to the registration when they occur,

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either by certified mail to the county registrar or by personal

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delivery to the county registrar provided that a numbered receipt

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is signed by the registrar in return for the described documents.

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Upon receipt of the copy of the application for registration or

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changes to the registration, and if a review of the application

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indicates that the applicant meets all the criteria necessary to

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qualify as a county elector, then the county registrar shall make

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a determination of the county voting precinct in which the person

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making the application shall be required to vote.

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registrar shall send this county voting precinct information by

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United States first-class mail, postage prepaid, to the person at

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the address provided on the application. H. B. No. 373 17/HR31/R722 PAGE 5 (ENK\JAB)

*HR31/R722*

The municipal clerk shall forward

The county

Any * * *and all mailing


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costs incurred by the municipal clerk or the county registrar in

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effectuating this subsection shall be paid by the county board of

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supervisors.

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registration or changes to the registration indicates that the

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applicant is not qualified to vote in the county, the county

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registrar shall challenge the application.

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commissioners shall review any challenge or disqualification,

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after having notified the applicant by certified mail of the

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challenge or disqualification.

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(3)

If a review of the copy of the application for

The county election

The municipal clerk shall issue to the person making the

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application a copy of the application and the county registrar

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shall process the application in accordance with the law regarding

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the handling of voter registration applications.

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(4)

The receipt of a copy of the application for

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registration sent pursuant to Section 23-15-39(3) shall be

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sufficient to allow the applicant to be registered as an elector

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in the municipality, provided that * * *such the application is

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not challenged as provided for therein.

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(5)

The municipal clerk of each municipality shall provide

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the circuit clerk of the county in which the municipality is

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located the information necessary to conform the municipal

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registration to the county registration * * *which that shall be a

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part of the official record of registered voters as contained in

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the Statewide Elections Management System.

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information occur as a result of redistricting, annexation or H. B. No. 373 17/HR31/R722 PAGE 6 (ENK\JAB)

*HR31/R722*

If any changes to the


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other reason, it shall be the responsibility of the municipal

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clerk to timely provide the changes to the circuit clerk.

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SECTION 4.


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amended as follows:

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23-15-37.

(1)

The registrar shall keep his or her books

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open at his or her office and shall register the electors of his

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or her county at any time during regular office hours.

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(2)

The registrar may keep his or her office open for

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registration of voters from 8:00 a.m. until 7:00 p.m., including

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the noon hour, for the five (5) business days immediately

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preceding the thirtieth day * * *prior to before any regularly

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scheduled primary or general election.

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keep his or her office open from 8:00 a.m. until 12:00 noon on the

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Saturday immediately preceding the thirtieth day * * *prior to

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before any regularly scheduled primary or general election.

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(3)

The registrar shall also

The registrar, or any deputy registrar duly appointed by

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law, may visit and spend such time as he or she may deem necessary

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at any location in his or her county, selected by the registrar

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not less than thirty (30) days before an election, for the purpose

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of registering voters.

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(4)

A person who is physically disabled and unable to visit

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the office of the registrar to register to vote due to * * *such

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the disability may contact the registrar and request that the

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registrar or * * *his the registrar's deputy visit him or her for

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the purpose of registering * * *such the person to vote. H. B. No. 373 17/HR31/R722 PAGE 7 (ENK\JAB)

*HR31/R722*


The

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registrar or * * *his the registrar's deputy shall visit * * *such

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the person as soon as possible after * * *such the request and

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provide * * *such the person with an application for registration,

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if necessary.

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executed in the presence of the registrar or * * *his the

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registrar's deputy.

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(5)

(a)

The completed application for registration shall be

In the fall and spring of each year the registrar

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of each county shall furnish all public schools with instructions

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for submitting an online voter registration application as well as

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mail-in voter registration applications.

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instructions and applications shall be provided in a reasonable

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time to enable those students who will be eighteen (18) years of

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age before a general election to be able to vote in the primary

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and general elections.

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(b)

* * *Such The

Each public school district shall permit access to

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all public schools of this state for the registrar or * * *his the

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registrar's deputy for the purpose of registration of persons

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eligible to vote and for providing voter education.

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SECTION 5.


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amended as follows:

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23-15-39.

(1)

Applications for registration as electors of

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this state, which are submitted online as provided in Section

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23-15-49 or sworn to and subscribed before the registrar or deputy

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registrar authorized by law and which are not made by mail, shall


*HR31/R722*


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be made upon a form established by rule duly adopted by the

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Secretary of State.

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(2)

The boards of supervisors shall make proper allowances

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for office supplies reasonably necessitated by the registration of

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county electors.

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(3)

If the applicant indicates on the application that he or

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she resides within the city limits of a city or town in the county

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of registration, the county registrar shall process the

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application for registration or changes to the registration as

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provided by law.

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(4)

If the applicant indicates on the application that he or

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she has previously registered to vote in another county of this

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state or another state, notice to the voter's previous county of

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registration in this state shall be provided by the Statewide

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Elections Management System.

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registration was in another state, notice shall be provided to the

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voter's previous state of residence if the Statewide Elections

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Management System has that capability.

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(5)

If the voter's previous place of

The county registrar shall provide to the person making

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the application a copy of the application upon which has been

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written the county voting precinct and municipal voting precinct,

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if any, in which the person shall vote.

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registration information into the Statewide Elections Management

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System, the system shall assign a voter registration number to the

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person. H. B. No. 373 17/HR31/R722 PAGE 9 (ENK\JAB)

*HR31/R722*

Upon entry of the voter


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(6)

Any person desiring * * *an application to apply for

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registration may apply through the online voter registration

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process established in Section 23-15-49 or may secure an

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application from the registrar of the county of which he or she is

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a resident and may take the application with him or her and secure

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assistance in completing the application from any person of the

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applicant's choice.

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furnish applications for registration to all persons requesting

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them, and it shall likewise be * * *his the registrar's duty to

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furnish aid and assistance in the completing of the application

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when requested by an applicant.

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registration is completed online, the application for registration

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shall be sworn to and subscribed before the registrar or deputy

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registrar at the municipal clerk's office, the county registrar's

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office or any other location where the applicant is allowed to

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register to vote.

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applicant a fee or cost * * *shall be charged the applicant by the

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registrar for accepting the application or administering the oath

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or for any other duty imposed by law regarding the registration of

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electors.

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(7)

It shall be the duty of all registrars to

Unless the application for

* * *No The registrar shall not charge the

If the person making the application is unable to read

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or write, for reason of disability or otherwise, he or she shall

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not be required to personally complete the application in writing

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and execute the oath.

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registrar shall read to the person the application and oath and H. B. No. 373 17/HR31/R722 PAGE 10 (ENK\JAB)

In such cases, the registrar or deputy

*HR31/R722*


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the person's answers thereto shall be recorded by the registrar or * * *his the registrar's deputy.

The person shall be registered

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as an elector if he or she otherwise meets the requirements to be

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registered as an elector.

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responses of the person and the recorded responses shall be

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retained permanently by the registrar.

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the voter registration information into the Statewide Elections

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Management System and designate the entry as an assisted filing.

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(8)

The registrar shall record the

The registrar shall enter

The receipt of a copy of the application for

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registration sent pursuant to Section 23-15-35(2) shall be

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sufficient to allow the applicant to be registered as an elector

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of this state, if the application is not challenged.

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(9)

In any case in which a municipality expands its

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corporate boundaries by annexation or redistricts all or a part of

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the municipality, the municipal clerk shall, within ten (10) days

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after the effective date of the annexation * * * or after

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preclearance of the redistricting plan under Section 5 of the

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Voting Rights Act of 1965, provide the county registrar with

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conforming geographic data that is compatible with the Statewide

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Elections Management System.

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municipality's use of a standardized format specified by the

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Statewide Elections Management System.

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update the municipal boundary information or redistricting

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information into the Statewide Elections Management System.

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Statewide Elections Management System shall update the voter H. B. No. 373 17/HR31/R722 PAGE 11 (ENK\JAB)

*HR31/R722*

The data shall be developed by the

The county registrar shall


The

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registration records to include the new municipal electors who

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have resided within the annexed area for at least thirty (30) days

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after annexation and assign the electors to the municipal voting

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precincts.

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clerk written notification of the additions and changes, and the

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municipal clerk shall forward to the new municipal electors

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written notification of the additions and changes.

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Elections Management System shall correctly place municipal

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electors within districts whose boundaries were altered by any

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redistricting conducted within the municipality and

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assign * * *such the electors to the correct municipal voting

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precincts.

The county registrar shall forward to the municipal

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SECTION 6.

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amended as follows:

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23-15-41.

The Statewide


(1)

When an applicant to register to vote has

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completed the application form as prescribed by administrative

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rule and Section 23-15-49, the registrar shall enter the Statewide

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Elections Management System voter record where the voter status

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will be marked "ACTIVE", "PENDING" or "REJECTED" and the applicant

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shall be entitled to register upon his or her request for

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registration made online as provided in Section 23-15-49 or in

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person to the registrar, or deputy registrar if a deputy registrar

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has been appointed.

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deputy registrar, shall register any applicant.


No person other than the registrar, or a

*HR31/R722*


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(2)

If an applicant is not qualified to register to vote,

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then the registrar shall enter the Statewide Elections Management

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System voter record where the voter's status shall be marked

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"PENDING" or "REJECTED", specify the reason or

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reasons * * *therefor the applicant is not qualified to vote, and

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notify the election commission of those rejected.

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SECTION 7.


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amended as follows:

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23-15-79.

(1)

Unless the application for registration was

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made pursuant to Section 23-15-47 or Section 23-15-49, the date of

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registration to vote shall be the date of the application for

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registration to vote, regardless of the date on which the county

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election commission, circuit court or Supreme Court, as the case

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may be, makes its final determination allowing the registration.

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(2)

In the case of an application for registration which has

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been made pursuant to Section 23-15-47, the date of registration

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to vote shall be the date the complete and legible application

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form is received by the county registrar.

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(3)

In the case of an application for registration which has

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been made pursuant to Section 23-15-49, the date of registration

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to vote shall be the date the completed application is submitted

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to the secure Internet website established in Section 23-15-49.

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SECTION 8.

This act shall take effect and be in force from

and after July 1, 2017.


# deleted text version # ST: Online voter registration; revise to allow for first-time voters to register through.

*HR31/R722*