cfr conference report
Post on 06-Jul-2018
216 Views
Preview:
TRANSCRIPT
-
8/18/2019 CFR Conference Report
1/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 1 G1/2
(ENK/EW)
REPORT OF CONFERENCE COMMITTEE
MR. SPEAKER AND MR. PRESIDENT:
We, the undersigned conferees, have had under consideration the amendments to the
following entitled BILL:
H. B. No. 797: Election code; revise.
We, therefore, respectfully submit the following report and recommendation:
1. That the Senate recede from its Amendment No. 1.
2. That the House and Senate adopt the following amendment:
Amend by striking all after the enacting clause and inserting
in lieu thereof the following:
SECTION 1. (1) The personal use of campaign contributions139
by any elected public office holder or by any candidate for public140
office is prohibited.141
(a) For the purposes of this section, "personal use" is142
defined as any use, other than expenditures related to gaining or143
holding public office, for which the candidate for public office144
or elected public official would be required to treat the amount145
of the expenditure as gross income under Section 61 of the146
Internal Revenue Code of 1986, 26 USC Section 61, or any147
subsequent corresponding Internal Revenue Code of the United148
States, as from time to time amended.149
(b) "Candidate" shall mean any individual described in150
Section 23-15-801(b), and shall include any person having been a151
-
8/18/2019 CFR Conference Report
2/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 2 G1/2
(ENK/EW)
candidate until such time that the person takes office or files a152
termination report as provided in this section.153(c) "Officeholder" shall mean any elected or appointed154
official from the beginning of his or her term of office until155
that person no longer holds office.156
(2) The following personal use expenditures are specifically157
prohibited under this section:158
(a) Any residential or household items, supplies or159
expenditures, including mortgage, rent or utility payments for any160
part of any personal residence where a homestead exemption is161
claimed of a candidate or officeholder or a member of the162
candidate's or officeholder's family;163
(b) Mortgage, rent or utility payments for any part of164
any nonresidential property that is owned by a candidate or165
officeholder or a member of a candidate's or officeholder's family166
and used for campaign purposes, to the extent the payments exceed167
the fair market value of the property usage;168
(c) Funeral, cremation or burial expenses, including169
any expenses related to deaths within a candidate's or170
officeholder's family;171
(d) Clothing, other than items of de minimis value that172
are used in the campaign;173
(e) Automobiles, except for automobile rental expenses174
and other automobile expenses related to campaign or officeholder175
activity;176
-
8/18/2019 CFR Conference Report
3/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 3 G1/2
(ENK/EW)
(f) Tuition payments within a candidate's or177
officeholder's family other than those associated with training178campaign staff or associated with an officeholder's duties;179
(g) Salary payments to a member of a candidate's180
family, unless the family member is providing bona fide services181
to the campaign. If a family member provides bona fide services182
to a campaign, any salary payments in excess of the fair market183
value of the services provided is personal use;184
(h) Nondocumented loans of any type, including loans to185
candidates;186
(i) Travel expenses except for travel expenses of a187
candidate, officeholder or staff member of the officeholder for188
travel undertaken as an ordinary and necessary expense of seeking,189
holding or maintaining public office, or for attending meetings or190
conferences of officials similar to the office held or sought, or191
for an issue the legislative body is or will consider, or192
attending a state or national convention of any party. If a193
candidate or officeholder uses campaign contributions to pay194
expenses associated with travel that involves both personal195
activities and campaign or officeholder activities, the196
incremental expenses that result from the personal activities are197
personal use, unless the person(s) benefiting from this use198
reimburse(s) the campaign account within thirty (30) days for the199
amount of the incremental expenses;200
-
8/18/2019 CFR Conference Report
4/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 4 G1/2
(ENK/EW)
(j) Payment of any fines, fees or penalties assessed201
pursuant to Mississippi law.202(3) Any expense that directly results from campaign or203
officeholder activity is a specifically permitted use of campaign204
contributions. Such expenditures are not considered personal use205
expenditures and may include, but are not limited to, the206
following expenditures:207
(a) The defrayal of ordinary and necessary expenses of208
a candidate or officeholder, including expenses reasonably related209
to performing the duties of the office held or sought to be held;210
(b) Campaign office or officeholder office expenses and211
equipment, provided the expenditures and the use of the equipment212
can be directly attributable to the campaign or office held;213
(c) Donations to charitable organizations,214
not-for-profit organizations or for sponsorships, provided the215
candidate or officeholder does not receive monetary compensation,216
other than reimbursements of expenses, from the recipient217
organization;218
(d) Gifts of nominal value and donations of a nominal219
amount made on a special occasion such as a holiday, graduation,220
marriage, retirement or death, unless made to a member of the221
candidate's or officeholder's family;222
(e) Meal and beverage expenses which are incurred as223
part of a campaign activity or as a part of a function that is224
related to the candidate's or officeholder's responsibilities,225
-
8/18/2019 CFR Conference Report
5/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 5 G1/2
(ENK/EW)
including meals between and among candidates and/or officeholders226
that are incurred as an ordinary and necessary expense of seeking,227holding or maintaining public office, or seeking, holding or228
maintaining a position within the Legislature or other publicly229
elected body;230
(f) Reasonable rental or accommodation expenses231
incurred by an officeholder during a legislative session or a day232
or days in which the officeholder is required by his or her duties233
to be at the Capitol or another location outside the234
officeholder's county of residence. Such rental or accommodation235
expenses shall not exceed Fifty Dollars ($50.00) per day, if the236
officeholder receives per diem, or One Hundred Ninety Dollars237
($190.00) per day, if the officeholder receives no per diem. Any238
expenses incurred under this paragraph (g) must be reported as an239
expenditure pursuant to this section;240
(g) Communication access expenses, including mobile241
devices and Internet access costs, which are incurred as part of a242
campaign activity and operation to ensure that deaf and243
hearing-impaired citizens are fully participating, volunteering,244
and/or otherwise maintaining a position with the campaign245
committee. Examples of communication access expenses include, but246
are not limited to, the following: captioning on television247
advertisements; video clips; sign language interpreters;248
computer-aided real time (CART) services; and assistive listening249
devices;250
-
8/18/2019 CFR Conference Report
6/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 6 G1/2
(ENK/EW)
(h) Legal fees and costs associated with any civil251
action, criminal prosecution or investigation related to conduct252reasonably related to the candidacy or performing the duties of253
the office held.254
(4) Upon filing the termination report required under255
Section 23-15-807, any campaign contributions not used to pay for256
the expenses of gaining or holding public office shall:257
(a) Be maintained in a campaign account(s);258
(b) Be donated to a political organization, or to a259
political action committee, or to another candidate;260
(c) Be transferred, in whole or in part, into a newly261
established political action committee or ballot question262
advocate;263
(d) Be donated to a tax-exempt charitable organization264
as that term is used in Section 501(c)(3) of the Internal Revenue265
Code of 1986, 26 USC Section 501, or any subsequent corresponding266
Internal Revenue Code of the United States, as from time to time267
amended;268
(e) Be donated to the State of Mississippi; or269
(f) Be returned to a donor or donors.270
(5) Any candidate for public office or any elected official271
who willfully violates this section shall be guilty of a272
misdemeanor and punished by a fine of One Thousand Dollars273
($1,000.00) and by a state assessment equal to the amount of274
misappropriated campaign contributions. The state assessment275
-
8/18/2019 CFR Conference Report
7/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 7 G1/2
(ENK/EW)
shall be deposited into the Public Employees' Retirement System.276
No fine or assessment imposed under this section shall be paid by277a third party.278
(6) Any contributions accruing to a candidate's or279
officeholder's campaign account before January 1, 2017, shall be280
exempt and not subject to the provisions of this Section 1. All281
exempt contributions must be designated as exempt on all reports282
filed with the Secretary of State pursuant to the provisions of283
this chapter.284
(7) The Secretary of State, through the Elections Division,285
shall issue advisory opinions regarding any of the requirements286
set forth in this section. When any officeholder or candidate287
requests an advisory opinion, in writing, and has stated all of288
the facts to govern the opinion, and the Secretary of State has289
prepared and delivered the opinion with references to the request,290
there shall be no criminal liability accruing to or against any291
officeholder or candidate who, in good faith, follows the292
direction of the opinion and acts in accordance with the opinion,293
unless a court of competent jurisdiction, after a full hearing,294
judicially declares that the opinion is manifestly wrong and295
without any substantial support. No opinion shall be considered296
or issued if the opinion would be issued after judicial297
proceedings have commenced.298
All advisory opinions issued pursuant to the provisions of299
this subsection (6) shall be made public and shall be issued300
-
8/18/2019 CFR Conference Report
8/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 8 G1/2
(ENK/EW)
within fourteen (14) days of the written request, or within301
fourteen (14) days of receipt by the Secretary of State of the302written request, whichever is later. The identity of the303
individual making a request for an advisory opinion shall be304
confidential. The Secretary of State shall, so far as is305
practicable and before making the opinion public, make deletions306
and changes to any advisory opinion issued under the provisions of307
this subsection (6) that may be necessary to ensure the anonymity308
of the public official and any other person named in the opinion.309
SECTION 2. Section 23-15-801, Mississippi Code of 1972, is310
amended as follows:311
23-15-801. (a) "Election" shall mean a general, special,312
primary or runoff election.313
(b) "Candidate" shall mean an individual who seeks314
nomination for election, or election, to any elective office other315
than a federal elective office. * * * For purposes of this316
article, an individual shall be deemed to seek nomination for317
election, or election:318
(i) If such individual has received contributions319
aggregating in excess of Two Hundred Dollars ($200.00) or has made320
expenditures aggregating in excess of Two Hundred Dollars321
($200.00) or for a candidate for the Legislature or any statewide322
or state district office, by the qualifying deadlines specified in323
Sections 23-15-299 and 23-15-977, whichever occurs first; or324
-
8/18/2019 CFR Conference Report
9/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 9 G1/2
(ENK/EW)
(ii) If such individual has given his or her consent to325
another person to receive contributions or make expenditures on326behalf of such individual and if such person has received such327
contributions aggregating in excess of Two Hundred Dollars328
($200.00) during a calendar year, or has made such expenditures329
aggregating in excess of Two Hundred Dollars ($200.00) during a330
calendar year.331
(c) "Political committee" shall mean any committee, party,332
club, association, political action committee, campaign committee333
or other groups of persons or affiliated organizations which334
receives contributions aggregating in excess of Two Hundred335
Dollars ($200.00) during a calendar year or which makes336
expenditures aggregating in excess of Two Hundred Dollars337
($200.00) during a calendar year for the purpose of influencing or338
attempting to influence the action of voters for or against the339
nomination for election, or election, of one or more candidates,340
or balloted measures and shall, in addition, include each341
political party registered with the Secretary of State.342
(d) "Affiliated organization" shall mean any organization343
which is not a political committee, but which directly or344
indirectly establishes, administers or financially supports a345
political committee.346
(e) (i) "Contribution" shall include any gift,347
subscription, loan, advance or deposit of money or anything of348
-
8/18/2019 CFR Conference Report
10/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 10 G1/2
(ENK/EW)
value made by any person or political committee for the purpose of349
influencing any election for elective office or balloted measure;350(ii) "Contribution" shall not include the value of351
services provided without compensation by any individual who352
volunteers on behalf of a candidate or political committee; or the353
cost of any food or beverage for use in any candidate's campaign354
or for use by or on behalf of any political committee of a355
political party;356
(iii) "Contribution to a political party" includes any357
gift, subscription, loan, advance or deposit of money or anything358
of value made by any person, political committee, or other359
organization to a political party and to any committee,360
subcommittee, campaign committee, political committee and other361
groups of persons and affiliated organizations of the political362
party * * *;363
(iv) "Contribution to a political party" shall not364
include the value of services provided without compensation by any365
individual who volunteers on behalf of a political party or a366
candidate of a political party.367
(f) (i) "Expenditure" shall include any purchase, payment,368
distribution, loan, advance, deposit, gift of money or anything of369
value, made by any person or political committee for the purpose370
of influencing any balloted measure or election for elective371
office; and a written contract, promise, or agreement to make an372
expenditure;373
-
8/18/2019 CFR Conference Report
11/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 11 G1/2
(ENK/EW)
(ii) "Expenditure" shall not include any news story,374
commentary or editorial distributed through the facilities of any375broadcasting station, newspaper, magazine, or other periodical376
publication, unless such facilities are owned or controlled by any377
political party, political committee, or candidate; or nonpartisan378
activity designed to encourage individuals to vote or to register379
to vote;380
(iii) "Expenditure by a political party" includes 1.381
any purchase, payment, distribution, loan, advance, deposit, gift382
of money or anything of value, made by any political party and by383
any contractor, subcontractor, agent, and consultant to the384
political party; and 2. a written contract, promise, or agreement385
to make such an expenditure.386
(g) The term "identification" shall mean:387
(i) In the case of any individual, the name, the388
mailing address, and the occupation of such individual, as well as389
the name of his or her employer; and390
(ii) In the case of any other person, the full name and391
address of such person.392
(h) The term "political party" shall mean an association,393
committee or organization which nominates a candidate for election394
to any elective office whose name appears on the election ballot395
as the candidate of such association, committee or organization.396
(i) The term "person" shall mean any individual, family,397
firm, corporation, partnership, association or other legal entity.398
-
8/18/2019 CFR Conference Report
12/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 12 G1/2
(ENK/EW)
(j) The term "independent expenditure" shall mean an399
expenditure by a person expressly advocating the election or400defeat of a clearly identified candidate which is made without401
cooperation or consultation with any candidate or any authorized402
committee or agent of such candidate, and which is not made in403
concert with or at the request or suggestion of any candidate or404
any authorized committee or agent of such candidate.405
(k) The term "clearly identified" shall mean that:406
(i) The name of the candidate involved appears; or407
(ii) A photograph or drawing of the candidate appears;408
or409
(iii) The identity of the candidate is apparent by410
unambiguous reference.411
SECTION 3. Section 23-15-803, Mississippi Code of 1972, is412
amended as follows:413
23-15-803. ( * * *1) * * * Each political committee shall414
file a statement of organization which must be received by the415
Secretary of State no later than * * * forty-eight (48) hours416
after:417
(a) Receipt of contributions aggregating in excess of418
Two Hundred Dollars ($200.00), or * * * 419
(b) Having made expenditures aggregating in excess of420
Two Hundred Dollars ($200.00).421
( * * *2) * * * The content of the statement of organization422
of a political committee shall include:423
-
8/18/2019 CFR Conference Report
13/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 13 G1/2
(ENK/EW)
( * * *a) The name, * * * address, officers, and424
members of the committee * * *;425( * * *b) Designation of a * * * chairman of the * * * 426
organization and a custodian of the financial books, records and427
accounts of the * * * organization, who shall be designated428
treasurer; and429
( * * *c) If the committee is authorized by a430
candidate, the name, address, office sought, and party affiliation431
of the candidate.432
( * * *3) * * * Any change in information previously433
submitted in a statement of organization shall be reported and434
noted on the next regularly scheduled report.435
(4) In addition to any other penalties provided by law, the436
Secretary of State may impose administrative penalties against any437
political committee that fails to comply with the requirements of438
this section in an amount not to exceed Five Thousand Dollars439
($5,000.00) per violation. The notice, hearing and appeals440
provisions of Section 23-15-813 shall apply to any action taken441
pursuant to this subsection (4). The Secretary of State may442
pursue judicial enforcement of any penalties issued pursuant to443
this section.444
SECTION 4. Section 23-15-805, Mississippi Code of 1972, is445
amended as follows:446
23-15-805. (a) Candidates for state, state district, and447
legislative district offices, and every political committee, which448
-
8/18/2019 CFR Conference Report
14/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 14 G1/2
(ENK/EW)
makes reportable contributions to or expenditures in support of or449
in opposition to a candidate for any such office or makes450reportable contributions to or expenditures in support of or in451
opposition to a statewide ballot measure, shall file all reports452
required under this article with the Office of the Secretary of453
State.454
(b) Candidates for county or county district office, and455
every political committee which makes reportable contributions to456
or expenditures in support of or in opposition to a candidate for457
such office or makes reportable contributions to or expenditures458
in support of or in opposition to a countywide ballot measure or a459
ballot measure affecting part of a county, excepting a municipal460
ballot measure, shall file all reports required by this section in461
the office of the circuit clerk of the county in which the462
election occurs via facsimile, electronic mail, postal mail or463
hand delivery. The circuit clerk shall forward copies of all464
reports to the Office of the Secretary of State.465
(c) Candidates for municipal office, and every political466
committee which makes reportable contributions to or expenditures467
in support of or in opposition to a candidate for such office, or468
makes reportable contributions to or expenditures in support of or469
in opposition to a municipal ballot measure shall file all reports470
required by this article in the office of the municipal clerk of471
the municipality in which the election occurs via facsimile,472
electronic mail, postal mail or hand delivery. The municipal473
-
8/18/2019 CFR Conference Report
15/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 15 G1/2
(ENK/EW)
clerk shall forward copies of all reports to the Office of the474
Secretary of State.475(d) The Secretary of State, the circuit clerks and the476
municipal clerks shall make all reports received under this477
subsection available for public inspection and copying and shall478
preserve such reports for a period of five (5) years.479
* * * 480
SECTION 5. Section 23-15-807, Mississippi Code of 1972, is481
amended as follows:482
23-15-807. (a) Each candidate or political committee shall483
file reports of contributions and disbursements in accordance with484
the provisions of this section. All candidates or political485
committees required to report such contributions and disbursements486
may terminate * * * the obligation to report only upon submitting487
a final report that contributions * * * will no longer * * * be488
received or * * * disbursements made and that such candidate or489
committee has no outstanding debts or obligations. The candidate,490
treasurer, or chief executive officer shall sign * * * such491
report.492
(b) Candidates * * * seeking election, or nomination for493
election, and political committees * * * making expenditures * * * 494
to influence * * * or attempt to influence voters for or against495
the nomination for election * * * of one or more candidates or496
balloted measures at such election, shall file the following497
reports:498
-
8/18/2019 CFR Conference Report
16/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 16 G1/2
(ENK/EW)
(i) In any calendar year during which there is a499
regularly scheduled election, a pre-election report, which shall500be filed no later than the seventh day before any election in501
which such candidate or political committee has accepted502
contributions or made expenditures and which shall be complete as503
of the tenth day before such election;504
(ii) In 1987 and every fourth year * * * after,505
periodic reports, which shall be filed no later than the tenth day506
after April 30, May 31, June 30, September 30 and December 31, and507
which shall be complete as of the last day of each period; and508
(iii) In any calendar years except 1987 and except509
every fourth year thereafter, a report covering the calendar year510
which shall be filed no later than January 31 of the following511
calendar year.512
(iv) Except as otherwise provided in the requirements513
of subparagraph (i) of this paragraph (b), unopposed candidates514
are not required to file pre-election reports but must file all515
other reports required by subparagraphs (ii) and (iii) of this516
paragraph (b).517
(c) All candidates for judicial office as defined in Section518
23-15-975, or their political committees, shall file in the year519
in which they are to be elected, periodic reports which shall be520
filed no later than the tenth day after April 30, May 31, June 30,521
September 30 and December 31.522
-
8/18/2019 CFR Conference Report
17/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 17 G1/2
(ENK/EW)
(d) Contents of reports. Each report under this article523
shall disclose:524(i) For the reporting period and the calendar year, the525
total amount of all contributions and the total amount of all526
expenditures of the candidate or reporting committee, * * * 527
including those required to be identified pursuant to * * * 528
subparagraph (ii) of this paragraph (d) as well as the total of529
all other contributions and expenditures during the calendar year.530
Such reports shall be cumulative during the calendar year to which531
they relate;532
(ii) The identification of:533
1. Each person or political committee who makes a534
contribution to the reporting candidate or political committee535
during the reporting period, whose contribution or contributions536
within the calendar year have an aggregate amount or value in537
excess of Two Hundred Dollars ($200.00) together with the date and538
amount of any such contribution;539
2. Each person or organization, candidate or540
political committee who receives an expenditure, payment or other541
transfer from the reporting candidate, political committee or its542
agent, employee, designee, contractor, consultant or other person543
or persons acting in its behalf during the reporting period when544
the expenditure, payment or other transfer to such person,545
organization, candidate or political committee within the calendar546
year have an aggregate value or amount in excess of Two Hundred547
-
8/18/2019 CFR Conference Report
18/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 18 G1/2
(ENK/EW)
Dollars ($200.00) together with the date and amount of such548
expenditure * * *;549(iii) The total amount of cash on hand of each550
reporting candidate and reporting political committee;551
(iv) In addition to the contents of reports specified552
in * * * subparagraphs (i), (ii) and (iii) of this paragraph (d),553
each political party shall disclose:554
1. Each person or political committee who makes a555
contribution to a political party during the reporting period and556
whose contribution or contributions to a political party within557
the calendar year have an aggregate amount or value in excess of558
Two Hundred Dollars ($200.00), together with the date and amount559
of the contribution;560
2. Each person or organization who receives an561
expenditure by a political party or expenditures by a political562
party during the reporting period when the expenditure or563
expenditures to the person or organization within the calendar564
year have an aggregate value or amount in excess of Two Hundred565
Dollars ($200.00), together with the date and amount of the566
expenditure.567
(v) Disclosure required under this section of a568
reportable expenditure to a credit card issuer, financial569
institution or business allowing payments and money transfers to570
be made over the Internet must include, by way of detail or571
separate entry, the amount of funds passing to each person,572
-
8/18/2019 CFR Conference Report
19/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 19 G1/2
(ENK/EW)
business entity or organization receiving funds from the573
expenditure.574(e) The appropriate office specified in Section 23-15-805575
must be in actual receipt of the reports specified in this article576
by 5:00 p.m. on the dates specified in paragraph (b) of this577
section. If the date specified in paragraph (b) of this section578
shall fall on a weekend or legal holiday then the report shall be579
due in the appropriate office at 5:00 p.m. on the first working580
day before the date specified in paragraph (b) of this section.581
The reporting candidate or reporting political committee shall582
ensure that the reports are delivered to the appropriate office by583
the filing deadline. The Secretary of State may approve specific584
means of electronic transmission of completed campaign finance585
disclosure reports, which may include, but not be limited to,586
transmission by electronic facsimile (FAX) devices.587
(f) (i) If any contribution of more than Two Hundred588
Dollars ($200.00) is received by a candidate or candidate's589
political committee after the tenth day, but more than forty-eight590
(48) hours before 12:01 a.m. of the day of the election, the591
candidate or political committee shall notify the appropriate592
office designated in Section 23-15-805, within forty-eight (48)593
hours of receipt of the contribution. The notification shall594
include:595
1. The name of the receiving candidate;596
-
8/18/2019 CFR Conference Report
20/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 20 G1/2
(ENK/EW)
2. The name of the receiving candidate's political597
committee, if any;5983. The office sought by the candidate;599
4. The identification of the contributor;600
5. The date of receipt;601
6. The amount of the contribution;602
7. If the contribution is in-kind, a description603
of the in-kind contribution; and604
8. The signature of the candidate or the treasurer605
or * * * chairman of the candidate's political * * * organization.606
(ii) The notification shall be in writing, and may be607
transmitted by overnight mail, courier service, or other reliable608
means, including electronic facsimile (FAX), but the candidate or609
candidate's committee shall ensure that the notification shall in610
fact be received in the appropriate office designated in Section611
23-15-805 within forty-eight (48) hours of the contribution.612
SECTION 6. Section 23-15-811, Mississippi Code of 1972, is613
amended as follows:614
23-15-811. (a) Any candidate or any other person who shall615
* * * willfully violate the provisions and prohibitions of this616
article shall be guilty of a misdemeanor and upon conviction * * * 617
shall be punished by a fine in a sum not to exceed Three Thousand618
Dollars ($3,000.00) or imprisoned for not longer than six (6)619
months or by both fine and imprisonment.620
-
8/18/2019 CFR Conference Report
21/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 21 G1/2
(ENK/EW)
(b) In addition to the penalties provided in paragraph (a)621
of this section and Chapter 13, Title 97, Mississippi Code of6221972, any candidate or political committee which is required to623
file a statement or report which fails to file such statement or624
report on the date * * * it is due may be compelled to file such625
statement or report by an action in the nature of a mandamus626
brought by the Secretary of State or Attorney General.627
(c) No candidate shall be certified as nominated for628
election or as elected to office * * * until he files all reports629
required by this article due as of the date of certification.630
(d) No candidate who is elected to office shall receive any631
salary or other remuneration for the office * * * until he files632
all reports required by this article due as of the date * * * the633
salary or remuneration is payable.634
(e) In the event that a candidate fails to timely file any635
report required pursuant to this article but subsequently files a636
report or reports containing all of the information required to be637
reported * * *, such candidate shall not be subject to the638
sanctions of said paragraphs (c) and (d).639
SECTION 7. Section 23-15-813, Mississippi Code of 1972, is640
amended as follows:641
23-15-813. (a) In addition to any other penalty permitted642
by law, the Secretary of State shall require any candidate or643
political committee, as identified in Section 23-15-805(a), and644
any other political committee registered with the Secretary of645
-
8/18/2019 CFR Conference Report
22/291
-
8/18/2019 CFR Conference Report
23/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 23 G1/2
(ENK/EW)
file a report from the Secretary of State is not an unforeseeable671
mitigating circumstance, and failure to receive the notice shall672not result in removal or reduction of any assessed civil penalty.673
(iii) Filing of the required report and payment of the674
fine within ten (10) calendar days of notice by the Secretary of675
State that a required statement has not been filed * * * 676
constitutes compliance with Sections 23-15-801 through 23-15-813,677
or Sections 23-17-47 through 23-17-53.678
(iv) Payment of the fine without filing the required679
report does not * * * excuse or exempt any person * * * from the680
filing requirements of Sections 23-15-801 through 23-15-813, and681
Sections 23-17-47 through 23-17-53.682
(v) If any candidate or political committee is assessed683
a civil penalty, and the penalty is not subsequently waived by the684
Secretary of State, the candidate or political committee shall pay685
the fine to the Secretary of State within ninety (90) days of the686
date of the assessment of the fine. If, after one hundred twenty687
(120) days of the assessment of the fine the payment for the688
entire amount of the assessed fine has not been received by the689
Secretary of State, the Secretary of State shall notify the690
Attorney General of the delinquency, and the Attorney General691
shall file, where necessary, a suit to compel payment of the civil692
penalty.693
(b) (i) Upon the sworn application, made within sixty (60)694
calendar days of the date upon which the required report is due,695
-
8/18/2019 CFR Conference Report
24/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 24 G1/2
(ENK/EW)
of a candidate or political committee against whom a civil penalty696
has been assessed pursuant to paragraph (a), the Secretary of697State shall forward the application to the State Board of Election698
Commissioners. The State Board of Election Commissioners shall699
appoint one or more hearing officers who shall be former700
chancellors, circuit court judges, judges of the Court of Appeals701
or justices of the Supreme Court, * * * to conduct hearings held702
pursuant to this article. The hearing officer shall fix a time703
and place for a hearing and shall cause a written notice704
specifying the civil penalties that have been assessed against the705
candidate or political committee and notice of the time and place706
of the hearing to be served upon the candidate or political707
committee at least twenty (20) calendar days before the hearing708
date. The notice may be served by mailing a copy * * * of the709
notice by certified mail, postage prepaid, to the last known710
business address of the candidate or political committee.711
(ii) The hearing officer may issue subpoenas for the712
attendance of witnesses and the production of * * * documents at713
the hearing. Process issued by the hearing officer shall extend714
to all parts of the state and shall be served by any person715
designated by the hearing officer for the service.716
(iii) The candidate or political committee has the717
right to appear either personally, by counsel or both, to produce718
witnesses or evidence in his behalf, to cross-examine witnesses719
and to have subpoenas issued by the hearing officer.720
-
8/18/2019 CFR Conference Report
25/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 25 G1/2
(ENK/EW)
(iv) At the hearing, the hearing officer shall721
administer oaths as may be necessary for the proper conduct of the722hearing. All hearings shall be conducted by the hearing officer,723
who shall not be bound by strict rules of procedure or by the laws724
of evidence * * *, but the determination shall be based upon725
sufficient evidence to sustain it. The scope of review at the726
hearing shall be limited to making a determination of whether727
failure to file a required report was due to an unforeseeable728
mitigating circumstance.729
(v) Where, in any proceeding before the hearing730
officer, any witness fails or refuses to attend upon a subpoena731
issued by the commission, refuses to testify, or refuses to732
produce any * * * documents called for by a subpoena, the733
attendance of the witness, the giving of his testimony or the734
production of the * * * documents shall be enforced by any court735
of competent jurisdiction of this state in the manner provided for736
the enforcement of attendance and testimony of witnesses in civil737
cases in the courts of this state.738
(vi) Within fifteen (15) calendar days after conclusion739
of the hearing, the hearing officer shall reduce his or her740
decision to writing and forward an attested true copy of the741
decision to the last known business address of the candidate or742
political committee by way of United States first-class, certified743
mail, postage prepaid.744
-
8/18/2019 CFR Conference Report
26/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 26 G1/2
(ENK/EW)
(c) (i) The right to appeal from the decision of the745
hearing officer in an administrative hearing concerning the746assessment of civil penalties authorized pursuant to this section747
is granted. The appeal shall be to the Circuit Court of Hinds748
County and shall include a verbatim transcript of the testimony at749
the hearing. The appeal shall be taken within thirty (30)750
calendar days after notice of the decision of the commission751
following an administrative hearing. The appeal shall be752
perfected upon filing notice of the appeal and by the prepayment753
of all costs, including the cost of the preparation of the record754
of the proceedings by the hearing officer, and the filing of a755
bond in the sum of Two Hundred Dollars ($200.00), conditioned that756
if the decision of the hearing officer be affirmed by the court,757
the candidate or political committee will pay the costs of the758
appeal and the action in court. If the decision is reversed by759
the court, the Secretary of State will pay the costs of the appeal760
and the action in court.761
(ii) If there is an appeal, the appeal shall act as a762
supersedeas. The court shall dispose of the appeal and enter its763
decision promptly. The hearing on the appeal may be tried in764
vacation, in the court's discretion. The scope of review of the765
court shall be limited to a review of the record made before the766
hearing officer to determine if the action of the hearing officer767
is unlawful for the reason that it was 1. not supported by768
substantial evidence, 2. arbitrary or capricious, 3. beyond the769
-
8/18/2019 CFR Conference Report
27/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 27 G1/2
(ENK/EW)
power of the hearing officer to make, or 4. in violation of some770
statutory or constitutional right of the appellant. The decision771of the court may be appealed to the Supreme Court in the manner772
provided by law.773
(d) If, after forty-five (45) calendar days of the date of774
the administrative hearing procedure set forth in paragraph (b),775
the candidate or political committee identified in paragraph (a)776
of this section fails to pay the monetary civil penalty imposed by777
the hearing officer, the Secretary of State shall notify the778
Attorney General of the delinquency. The Attorney General shall779
investigate the offense in accordance with the provisions of this780
chapter, and where necessary, file suit to compel payment of the781
unpaid civil penalty.782
(e) If, after twenty (20) calendar days of the date upon783
which a campaign finance disclosure report is due, a candidate or784
political committee identified in paragraph (a) of this section785
shall not have filed a valid report with the Secretary of State,786
the Secretary of State shall notify the Attorney General of those787
candidates and political committees who have not filed a valid788
report, and the Attorney General shall * * * prosecute the789
delinquent candidates and political committees.790
SECTION 8. Section 23-15-3, Mississippi Code of 1972, is791
amended as follows:792
23-15-3. For purposes of this chapter, the term "ballot box"793
includes any ballot bag or other container of a type that has been794
-
8/18/2019 CFR Conference Report
28/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 28 G1/2
(ENK/EW)
approved for use in elections by the Secretary of State, capable795
of receiving voted paper ballots. Such ballot bags or containers796may be used for any purpose for which a ballot box may be used797
under the provisions of law regulating elections in Mississippi or798
any other purpose authorized by the rules and regulations adopted799
by the Secretary of State. * * * 800
SECTION 9. Section 23-15-5, Mississippi Code of 1972, as801
amended by Senate Bill No. 2362, 2016 Regular Session, is amended802
as follows:803
23-15-5. (1) There is created in the State Treasury a804
special fund to be known as the Elections Support Fund. Monies805
derived from annual report fees imposed upon limited liability806
companies under Section 79-29-1203 shall be deposited into the807
Elections Support Fund. Unexpended amounts remaining in the fund808
at the end of the fiscal year shall not lapse into the State809
General Fund, and any interest earned or investment earnings on810
amounts in the fund shall be disbursed as provided in subsection811
(2) of this section. The expenditure of monies in the fund shall812
be under the direction of the Secretary of State as provided by813
subsection (2) of this section, and such funds shall be paid by814
the State Treasurer upon warrants issued by the Department of815
Finance and Administration.816
(2) (a) Monies in the fund shall be used as follows:817
(i) Fifty percent (50%) of the monies in the818
special fund shall be distributed annually to the counties, based819
-
8/18/2019 CFR Conference Report
29/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 29 G1/2
(ENK/EW)
on the proportion that the population of a county bears to the820
total population in all counties of the state population according821to the most recent information from the United States Census822
Bureau, and held in a separate fund solely for the purpose of823
acquiring, upgrading, maintaining or repairing voting equipment,824
systems and supplies, hiring temporary technical support,825
conducting elections using such voting equipment or systems,826
employing such personnel to conduct an election, and training827
election officials; and828
(ii) The remaining fifty percent (50%) of the829
monies in the special fund shall be allocated annually to the830
Secretary of State and expended for the purpose of upgrading,831
maintaining * * * or equipping the Statewide Elections Management832
System, and acquiring, upgrading or maintaining any other833
election-related site or system or providing technical training to834
election officials.835
(b) The Secretary of State shall create standard836
training guidelines to assist counties in training election837
officials with the funds authorized under subsection (2)(a)(ii) of838
this section. Any criteria established by the Secretary of State839
for the purposes of this section shall be used in addition to any840
other training or coursework prescribed by the Secretary of State841
to train circuit clerks, poll managers and any other election842
officials participating in county elections.843
-
8/18/2019 CFR Conference Report
30/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 30 G1/2
(ENK/EW)
(c) Notwithstanding any other provision of law, no844
monies from the Elections Support Fund shall be used by the845Secretary of State or any person associated with the Office of the846
Secretary of State to provide or otherwise support expert847
testimony in any manner for any hearing, trial or election848
contest.849
SECTION 10. Section 23-15-7, Mississippi Code of 1972, is850
amended as follows:851
23-15-7. (1) The Secretary of State shall negotiate a852
Memorandum of Understanding which shall be entered into by the853
Mississippi Department of Public Safety and the registrar of each854
county for the purpose of providing a Mississippi Voter855
Identification Card. Such card shall be valid for the purpose of856
voter identification purposes under Section 23-15-563 and857
available only to registered voters of this state. No fee shall858
be charged or collected for the application for or issuance of a859
Mississippi Voter Identification Card. Any costs associated with860
the application for or issuance of a Mississippi Voter861
Identification Card shall be made payable from the state's General862
Fund.863
(2) The registrar of each county shall provide a location in864
the registrar's office at which he or she shall accept865
applications for Mississippi Voter Identification Cards in866
accordance with the Mississippi Constitution; however, in counties867
having two (2) judicial districts the registrar shall provide a868
-
8/18/2019 CFR Conference Report
31/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 31 G1/2
(ENK/EW)
location in the registrar's office in each judicial district at869
which he or she shall accept applications for Mississippi Voter870Identification Cards in accordance with the Mississippi871
Constitution.872
(3) No person shall be eligible for a Mississippi Voter873
Identification Card if the person has a valid unexpired874
Mississippi driver's license or an identification card issued875
under Section 45-35-1 et seq.876
(4) (a) The Mississippi Voter Identification Card shall be877
captioned "MISSISSIPPI VOTER IDENTIFICATION CARD" and shall878
contain a prominent statement that under Mississippi law it is879
valid only as identification for voting purposes. The880
identification card shall include the following information881
regarding the applicant:882
(i) Full legal name;883
(ii) Legal residence address;884
(iii) Mailing address, if different; and885
(iv) Voting information.886
(b) The Mississippi Voter Identification Card shall887
also contain the date the voter identification card was issued,888
the county in which the voter is registered and such other889
information as required by the Secretary of State.890
(5) The application shall be signed and sworn to by the891
applicant and any falsification or fraud in the making of the892
application shall constitute false swearing under Section 97-7-35.893
-
8/18/2019 CFR Conference Report
32/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 32 G1/2
(ENK/EW)
(6) The registrar shall require presentation and894
verification of any of the following information during the895application process before issuance of a Mississippi Voter896
Identification Card:897
(a) A photo identity document; or898
(b) Documentation showing the person's date and place899
of birth; or900
(c) A social security card; or901
(d) A Medicare card; or902
(e) A Medicaid card; or903
(f) Such other acceptable evidence of verification of904
residence in the county as determined by the Secretary of State.905
(7) A Mississippi Voter Identification Card shall remain906
valid for as long as the cardholder * * * remains qualified to907
vote. It shall be the duty of a person who moves his or her908
residence within this state to surrender his or her voter909
identification card to the registrar of the county of his or her910
new residence and such person may thereafter apply for and receive911
a new card if such person is eligible under this section. It912
shall be the duty of a person who moves his or her residence913
outside this state or who ceases to be qualified to vote to914
surrender his or her card to the registrar who issued it.915
(8) The Secretary of State, in conjunction with the916
Mississippi Department of Public Safety, shall adopt rules and917
regulations for the administration of this section.918
-
8/18/2019 CFR Conference Report
33/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 33 G1/2
(ENK/EW)
SECTION 11. Section 23-15-15, Mississippi Code of 1972, is919
amended as follows:92023-15-15. It shall be the duty of any and every person who921
has acquired citizenship by order or decree of naturalization and922
who is otherwise qualified to register and vote under the laws of923
the State of Mississippi to present or exhibit to the * * * 924
registrar of the county of his or her residence, at or before the925
time he or she may offer to register, a certified copy of the926
final order or decree of naturalization, or a certificate of927
naturalization or duplicate thereof, or a certified copy of such928
certificate of naturalization or duplicate; otherwise he shall not929
be allowed to register or to vote.930
SECTION 12. Section 23-15-19, Mississippi Code of 1972, is931
amended as follows:932
23-15-19. Any person who has been convicted of vote fraud or933
* * * any crime listed in Section 241, Mississippi Constitution934
of 1890, such crimes defined as "disenfranchising," shall not be935
registered, or if registered the name of the person shall be936
* * * removed from the * * * Statewide Elections Management937
System by the registrar or * * * the election commissioners of the938
county of his or her residence. Whenever any person shall be939
convicted in the circuit court of his or her county of * * * a940
disenfranchising crime, the county registrar shall thereupon941
* * * remove his or her name from the * * * Statewide Elections942
Management System; and whenever any person shall be convicted943
-
8/18/2019 CFR Conference Report
34/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 34 G1/2
(ENK/EW)
of * * * a disenfranchising * * * crime in any other court of any944
county, the presiding judge of the court shall, on demand, certify945the fact in writing to the registrar of the county of the voter's946
residence, who shall thereupon * * * remove the name of the person947
from the * * * Statewide Elections Management System and retain948
the certificate as a record of his office.949
SECTION 13. Section 23-15-31, Mississippi Code of 1972, is950
amended as follows:951
23-15-31. All of the provisions of this subarticle shall be952
applicable, insofar as possible, to municipal, primary, general953
and special elections; and wherever therein any duty is imposed or954
any power or authority is conferred upon the county registrar,955
county election commissioners or county executive committee with956
reference to a state and county election, such duty shall likewise957
be * * * conferred upon the municipal registrar, municipal958
election commission or municipal executive committee with959
reference to any municipal election.960
SECTION 14. Section 23-15-33, Mississippi Code of 1972, is961
amended as follows:962
23-15-33. (1) Every person entitled to be registered as an963
elector in compliance with the laws of this state and who has964
signed his or her name on and properly completed the application965
for registration to vote shall be registered by the county966
registrar in the voting precinct of the residence of such person967
through the Statewide Elections Management System.968
-
8/18/2019 CFR Conference Report
35/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 35 G1/2
(ENK/EW)
(2) Every person entitled to be registered as an elector in969
compliance with the laws of this state and who registers to vote970pursuant to the National Voter Registration Act of 1993 shall be971
registered by the county registrar in the voting precinct of the972
residence of such person through the Statewide Elections973
Management System.974
* * * 975
SECTION 15. Section 23-15-35, Mississippi Code of 1972, is976
amended as follows:977
23-15-35. (1) The clerk of the municipality shall be the978
registrar of voters of the municipality, and shall take the oath979
of office prescribed by Section 268 of the Constitution. The 980
municipal registration shall conform to the county registration981
which shall be a part of the official record of registered voters982
as contained in the Statewide Elections Management System. The983
municipal clerk shall comply with all the provisions of law984
regarding the registration of voters, including the use of the985
voter registration applications used by county registrars and986
prescribed by the Secretary of State under Sections 23-15-39 and987
23-15-47.988
(2) The municipal clerk shall be authorized to register989
applicants as county electors. The municipal clerk shall forward990
notice of registration, a copy of the application for991
registration, and any changes to the registration when they occur,992
either by certified mail to the county registrar or by personal993
-
8/18/2019 CFR Conference Report
36/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 36 G1/2
(ENK/EW)
delivery to the county registrar provided that a numbered receipt994
is signed by the county registrar in return for the described995documents. Upon receipt of the copy of the application for996
registration or changes to the registration, and if a review of997
the application indicates that the applicant meets all the998
criteria necessary to qualify as a county elector, then the county999
registrar shall make a determination of the county voting precinct1000
in which the person making the application shall be required to1001
vote. The county registrar shall send this county voting precinct1002
information by United States first-class mail, postage prepaid, to1003
the person at the address provided on the application. Any and1004
all mailing costs incurred by the municipal clerk or the county1005
registrar in effectuating this subsection shall be paid by the1006
county board of supervisors. If a review of the copy of the1007
application for registration or changes to the registration1008
indicates that the applicant is not qualified to vote in the1009
county, the county registrar shall challenge the application. The1010
county election commissioners shall review any challenge or1011
disqualification, after having notified the applicant by certified1012
mail of the challenge or disqualification.1013
(3) The municipal clerk shall issue to the person making the1014
application a copy of the application and the county registrar1015
shall process the application in accordance with the law regarding1016
the handling of voter registration applications.1017
-
8/18/2019 CFR Conference Report
37/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 37 G1/2
(ENK/EW)
(4) The receipt of a copy of the application for1018
registration sent pursuant to Section 23-15-39(3) shall be1019sufficient to allow the applicant to be registered as an elector1020
in the municipality, provided that such application is not1021
challenged as provided for therein.1022
(5) The municipal clerk of each municipality shall provide1023
the * * * county registrar in which the municipality is located1024
the information necessary to conform the municipal registration to1025
the county registration which shall be a part of the official1026
record of registered voters as contained in the Statewide1027
Elections Management System. If any changes to the information1028
occur as a result of redistricting, annexation or other reason, it1029
shall be the responsibility of the municipal clerk to timely1030
provide the changes to the * * * county registrar.1031
SECTION 16. Section 23-15-37, Mississippi Code of 1972, is1032
amended as follows:1033
23-15-37. (1) The registrar shall * * * register the1034
electors of his or her county at any time during regular office1035
hours.1036
(2) The county registrar may keep his or her office open for1037
registration of voters from 8:00 a.m. until 7:00 p.m., including1038
the noon hour, for the five (5) business days immediately1039
preceding the thirtieth day * * * before any regularly scheduled1040
primary or general election. The county registrar shall also keep1041
his office open from 8:00 a.m. until 12:00 noon on the Saturday1042
-
8/18/2019 CFR Conference Report
38/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 38 G1/2
(ENK/EW)
immediately preceding the thirtieth day * * * before any regularly1043
scheduled primary or general election, unless such Saturday falls1044on a legal holiday, in which case registration applications1045
submitted on the Monday immediately following the legal holiday1046
shall be accepted and entered in the Statewide Elections1047
Management System for the purpose of enabling such voters to vote1048
in the next primary or general election.1049
(3) The registrar, or any deputy registrar duly appointed by1050
law, may visit and spend such time as he or she may deem necessary1051
at any location in his or her county, selected by the registrar1052
not less than thirty (30) days before an election, for the purpose1053
of registering voters.1054
(4) A person who is physically disabled and unable to visit1055
the office of the registrar to register to vote due to such1056
disability may contact the registrar and request that the1057
registrar or his or her deputy visit him for the purpose of1058
registering such person to vote. The registrar or his or her1059
deputy shall visit such person as soon as possible after such1060
request and provide such person with an application for1061
registration, if necessary. The completed application for1062
registration shall be executed in the presence of the registrar or1063
his or her deputy.1064
(5) (a) In the fall and spring of each year the registrar1065
of each county shall furnish all public schools with mail-in voter1066
registration applications. Such applications shall be provided in1067
-
8/18/2019 CFR Conference Report
39/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 39 G1/2
(ENK/EW)
a reasonable time to enable those students who will be eighteen1068
(18) years of age before a general election to be able to vote in1069the primary and general elections.1070
(b) Each public school district shall permit access to1071
all public schools of this state for the county registrar or his1072
or her deputy for the purpose of registration of persons eligible1073
to vote and for providing voter education.1074
SECTION 17. Section 23-15-39, Mississippi Code of 1972, is1075
amended as follows:1076
23-15-39. (1) Applications for registration as electors of1077
this state, which are sworn to and subscribed before the registrar1078
or deputy registrar authorized by law and which are not made by1079
mail, shall be made upon a form established by rule duly adopted1080
by the Secretary of State.1081
(2) The boards of supervisors shall make proper allowances1082
for office supplies reasonably necessitated by the registration of1083
county electors.1084
(3) If the applicant indicates on the application that he1085
resides within the city limits of a city or town in the county of1086
registration, the county registrar shall process the application1087
for registration or changes to the registration as provided by1088
law.1089
(4) If the applicant indicates on the application that he1090
has previously registered to vote in another county of this state1091
or another state, notice to the voter's previous county of1092
-
8/18/2019 CFR Conference Report
40/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 40 G1/2
(ENK/EW)
registration in this state shall be provided by the Statewide1093
Elections Management System. If the voter's previous place of1094registration was in another state, notice shall be provided to the1095
voter's previous state of residence if the Statewide Elections1096
Management System has that capability.1097
(5) The county registrar shall provide to the person making1098
the application a copy of the application upon which has been1099
written the county voting precinct and municipal voting precinct,1100
if any, in which the person shall vote. Upon entry of the voter1101
registration information into the Statewide Elections Management1102
System, the system shall assign a voter registration number to the1103
person, and the county registrar shall mail the applicant a voter1104
registration card to the mailing address provided on the1105
application.1106
(6) Any person desiring an application for registration may1107
secure an application from the registrar of the county of which he1108
is a resident and may take the application with him and secure1109
assistance in completing the application from any person of the1110
applicant's choice. It shall be the duty of all registrars to1111
furnish applications for registration to all persons requesting1112
them, and it shall likewise be his duty to furnish aid and1113
assistance in the completing of the application when requested by1114
an applicant. The application for registration shall be sworn to1115
and subscribed before the registrar or deputy registrar at the1116
municipal clerk's office, the county registrar's office or any1117
-
8/18/2019 CFR Conference Report
41/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 41 G1/2
(ENK/EW)
other location where the applicant is allowed to register to vote.1118
No fee or cost shall be charged the applicant by the registrar for1119accepting the application or administering the oath or for any1120
other duty imposed by law regarding the registration of electors.1121
(7) If the person making the application is unable to read1122
or write, for reason of disability or otherwise, he shall not be1123
required to personally complete the application in writing and1124
execute the oath. In such cases, the registrar or deputy1125
registrar shall read to the person the application and oath and1126
the person's answers thereto shall be recorded by the registrar or1127
his deputy. The person shall be registered as an elector if he1128
otherwise meets the requirements to be registered as an elector.1129
The registrar shall record the responses of the person and the1130
recorded responses shall be retained permanently by the registrar.1131
The county registrar shall enter the voter registration1132
information into the Statewide Elections Management System and1133
designate the entry as an assisted filing.1134
(8) The receipt of a copy of the application for1135
registration sent pursuant to Section 23-15-35(2) shall be1136
sufficient to allow the applicant to be registered as an elector1137
of this state, if the application is not challenged.1138
(9) In any case in which * * * the corporate boundaries of a1139
municipality change, whether by annexation or * * * redistricting,1140
the municipal clerk shall within ten (10) days after * * * 1141
approval of the * * * change in corporate boundaries provide to1142
-
8/18/2019 CFR Conference Report
42/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 42 G1/2
(ENK/EW)
the county registrar * * * conforming geographic data that is1143
compatible with the Statewide Elections Management System. The1144data shall be developed by the municipality's use of a1145
standardized format specified by the Statewide Elections1146
Management System. The county registrar * * *, county election1147
commissioner or other county official, who has completed an annual1148
training seminar sponsored by the Secretary of State pertaining to1149
the implementation of new boundary lines in the Statewide1150
Elections Management System and received certification therefor,1151
shall update the municipal boundary information * * * into the1152
Statewide Elections Management System. The Statewide Elections1153
Management System * * * updates the municipal voter registration1154
records and assigns * * * electors * * * to * * * their municipal1155
voting precincts. The county registrar shall forward to the1156
municipal clerk written notification of the additions and changes,1157
and the municipal clerk shall forward to the * * * affected1158
municipal electors written notification of the additions and1159
changes. * * * 1160
SECTION 18. Section 23-15-41, Mississippi Code of 1972, is1161
amended as follows:1162
23-15-41. (1) When an applicant to register to vote has1163
completed the application form as prescribed by administrative1164
rule, the county registrar shall enter the applicant's information1165
into the Statewide Elections Management System * * * in which1166
the * * * applicant's status will be marked as "ACTIVE," "PENDING"1167
-
8/18/2019 CFR Conference Report
43/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 43 G1/2
(ENK/EW)
or "REJECTED," and the applicant shall be entitled to register1168
upon his request for registration made in person to the registrar,1169or deputy registrar if a deputy registrar has been appointed. No1170
person other than the registrar, or a deputy registrar, shall1171
register any applicant.1172
(2) If an applicant is not qualified to register to vote,1173
then the registrar shall enter the applicant's information into1174
the Statewide Elections Management System * * * shall be marked as1175
"PENDING" or "REJECTED", * * * with the specific * * * reason or1176
reasons * * * noted; * * * the registrar shall * * * restore the1177
election commission of those applicants rejected.1178
SECTION 19. Section 23-15-43, Mississippi Code of 1972, is1179
amended as follows:1180
23-15-43. In the event an applicant is not registered, there1181
shall be an automatic review by the county election commissioners1182
under the procedures provided in Sections 23-15-61 through1183
23-15-79. In addition to the meetings of the election1184
commissioners provided * * * in those sections, the commissioners1185
are required to hold such additional meetings to determine all1186
pending cases of registration on review prior to the election at1187
which the applicant desires to vote.1188
It is not the purpose of this section to indicate the1189
decision which should be reached by the election commissioners in1190
certain cases but to define which applicants should receive1191
further examination by providing for an automatic review.1192
-
8/18/2019 CFR Conference Report
44/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 44 G1/2
(ENK/EW)
SECTION 20. Section 23-15-47, Mississippi Code of 1972, is1193
amended as follows:119423-15-47. (1) Any person who is qualified to register to1195
vote in the State of Mississippi may register to vote by mail-in1196
application in the manner prescribed in this section.1197
(2) The following procedure shall be used in the1198
registration of electors by mail:1199
(a) Any qualified elector may register to vote by1200
mailing or delivering a completed mail-in application to his1201
county registrar at least thirty (30) days * * * before any1202
election. The postmark date of a mailed application shall be the1203
applicant's date of registration.1204
(b) Upon receipt of a mail-in application, the county1205
registrar shall stamp the application with the date of receipt,1206
and shall verify the application either by * * * matching the1207
applicant's Mississippi driver's license number through the1208
Mississippi Department of Public Safety or by matching the1209
applicant's social security number through the American1210
Association of Motor Vehicle Administrators. * * * Within * * *1211
fourteen (14) days of receipt of a mail-in registration1212
application, the county registrar shall complete action on the1213
application, including any attempts to notify the applicant of the1214
status of his application.1215
(c) If the county registrar determines that the1216
applicant is qualified and his application is legible and1217
-
8/18/2019 CFR Conference Report
45/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 45 G1/2
(ENK/EW)
complete, he shall mail the applicant written notification that1218
the application has been approved, specifying the county voting1219precinct, municipal voting precinct, if any, polling place and1220
supervisor district in which the person shall vote. This written1221
notification of approval containing the specified information1222
shall be the voter's registration card. The registration card1223
shall be provided by the county registrar to the applicant in1224
accordance with Section 23-15-39. Upon entry of the voter1225
registration information into the Statewide Elections Management1226
System, the system shall assign a voter registration number to1227
the * * * applicant. The assigned voter registration number shall1228
be clearly shown on the written notification of approval. In1229
mailing the written notification, the county registrar shall note1230
the following on the envelope: "DO NOT FORWARD". If any1231
registration notification form is returned as undeliverable, the1232
voter's registration shall be void.1233
(d) A mail-in application shall be rejected for any of1234
the following reasons:1235
(i) An incomplete portion of the application which1236
makes it impossible for the registrar to determine the eligibility1237
of the applicant to register;1238
(ii) A portion of the application which is1239
illegible in the opinion of the county registrar and makes it1240
impossible to determine the eligibility of the applicant to1241
register;1242
-
8/18/2019 CFR Conference Report
46/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 46 G1/2
(ENK/EW)
(iii) The county registrar is unable to determine,1243
from the address and information stated on the application, the1244precinct in which the voter should be assigned or the supervisor1245
district in which he is entitled to vote;1246
(iv) The applicant is not qualified to register to1247
vote pursuant to Section 23-15-11;1248
(v) The county registrar determines that the1249
applicant is already registered as a qualified elector of the1250
county;1251
(vi) The county registrar is unable to verify the1252
application pursuant to subsection (2)(b) of this section.1253
(e) If the mail-in application of a person is subject1254
to rejection for any of the reasons set forth in paragraph (d)(i)1255
through (iii) of this subsection, and it appears to the county1256
registrar that the defect or omission is of such a minor nature1257
and that any necessary additional information may be supplied by1258
the applicant over the telephone or by further correspondence, the1259
county registrar may write or call the applicant at the telephone1260
number or address, or both, provided on the application. If the1261
county registrar is able to contact the applicant by mail or1262
telephone, he shall attempt to ascertain the necessary1263
information, and if this information is sufficient for the1264
registrar to complete the application, the applicant shall be1265
registered. If the necessary information cannot be obtained by1266
mail or telephone, or is not sufficient * * * to complete the1267
-
8/18/2019 CFR Conference Report
47/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 47 G1/2
(ENK/EW)
application within fourteen (14) days of receipt, the county1268
registrar shall give the applicant written notice of the rejection1269and provide the reason for the rejection. The county registrar1270
shall further inform the applicant that he has a right to attempt1271
to register by appearing in person or by filing another mail-in1272
application.1273
(f) If a mail-in application is subject to rejection1274
for the reason stated in paragraph (d)(v) of this subsection and1275
the "present home address" portion of the application is different1276
from the residence address for the applicant found in the * * * 1277
Statewide Elections Management System, the mail-in application1278
shall be deemed a written request to * * * update the voter's1279
registration pursuant to Section 23-15-13. * * * The county1280
registrar or the election commissioners shall * * * update1281
the * * * voter's residence address * * * in the Statewide1282
Elections Management System and, if necessary, * * * advise1283
the * * * voter of a change in the location of his * * * 1284
county * * * or municipal * * * polling place * * * by the mailing1285
of a new voter registration card.1286
(3) The instructions and the application form for voter1287
registration by mail shall be in a form established by rule duly1288
adopted by the Secretary of State.1289
(4) (a) The Secretary of State shall prepare and furnish1290
without charge the necessary forms for application for voter1291
registration by mail to each county registrar, municipal clerk,1292
-
8/18/2019 CFR Conference Report
48/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 48 G1/2
(ENK/EW)
all public schools, each private school that requests such1293
applications, and all public libraries.1294(b) The Secretary of State shall distribute without1295
charge sufficient forms for application for voter registration by1296
mail to the Commissioner of Public Safety, who shall distribute1297
such forms to each driver's license examining and renewal station1298
in the state, and shall ensure that the forms are regularly1299
available to the public at such stations.1300
(c) Bulk quantities of forms for application for voter1301
registration by mail shall be furnished by the Secretary of State1302
to any person or organization. The Secretary of State shall1303
charge a person or organization the actual cost he incurs in1304
providing bulk quantities of forms for application for voter1305
registration to such person or organization.1306
(5) The originals of completed mail-in applications shall1307
remain on file in the office of the county registrar with copies1308
retained in the Statewide Elections Management System * * *.1309
(6) If the applicant indicates on the application that he1310
resides within the city limits of a city or town in the county of1311
registration, the county registrar shall enter the information1312
into the Statewide Elections Management System. * * * 1313
(7) If the applicant indicates on the application that he1314
has previously registered to vote in another county of this state1315
or another state, notice to the voter's previous county of1316
registration in this state shall be provided * * * through the1317
-
8/18/2019 CFR Conference Report
49/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 49 G1/2
(ENK/EW)
Statewide Elections Management System. If the voter's previous1318
place of registration was in another state, notice shall be1319provided to the voter's previous state of residence * * *.1320
(8) Any person who attempts to register to vote by mail1321
shall be subject to the penalties for false registration provided1322
for in Section 23-15-17.1323
SECTION 21. Section 23-15-61, Mississippi Code of 1972, is1324
amended as follows:1325
23-15-61. Any person denied the right to register as a voter1326
may appeal from the decision of the county registrar to the board1327
of election commissioners by filing with the county registrar, on1328
the same day of such denial or within five (5) days thereafter, a1329
written application for appeal.1330
SECTION 22. Section 23-15-63, Mississippi Code of 1972, is1331
amended as follows:1332
23-15-63. Any elector of the county may likewise appeal from1333
the decision of the county registrar allowing any other person to1334
be registered as a voter; but before the same can be heard, the1335
party appealing shall give notice to the person whose registration1336
is appealed from, in writing, stating the grounds of the appeal.1337
* * * The notice shall be served by the sheriff or a constable,1338
as process in other courts is required to be served; and the1339
officer may demand and receive for such service, from the person1340
requesting the same, the sum of One Dollar ($1.00).1341
-
8/18/2019 CFR Conference Report
50/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 50 G1/2
(ENK/EW)
SECTION 23. Section 23-15-65, Mississippi Code of 1972, is1342
amended as follows:134323-15-65. The board of election commissioners shall meet at1344
the courthouse of its county on the second Monday in September1345
preceding any general election, and shall remain in session from1346
day to day, so long as business may require. Three (3) election1347
commissioners shall constitute a quorum to do business; but the1348
concurrence of at least three (3) election commissioners shall be1349
necessary in all cases for the rendition of a decision. The1350
election commissioners shall hear and determine all appeals from1351
the decisions of the registrar of their county, allowing or1352
refusing the applications of electors to be registered; and they1353
shall correct illegal or improper registrations, and shall secure1354
the elective franchise, as * * * affected by registration, to1355
those who may be illegally or improperly denied the same.1356
SECTION 24. Section 23-15-67, Mississippi Code of 1972, is1357
amended as follows:1358
23-15-67. The election commissioners * * * of each county1359
shall, at the meetings provided for * * * in Sections 23-15-123,1360
23-15-155 and 23-15-157, hear and determine any appeals which may1361
have been perfected and which are pending on the respective dates1362
provided for in said Sections 23-15-123, 23-15-155 and 23-15-157,1363
from the decisions of the registrar of their county allowing or1364
refusing the applications of persons to be registered. The above1365
-
8/18/2019 CFR Conference Report
51/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 51 G1/2
(ENK/EW)
dates for hearing said appeals are supplemental to the provisions1366
of Section 23-15-65.1367SECTION 25. Section 23-15-69, Mississippi Code of 1972, is1368
amended as follows:1369
23-15-69. All cases on appeal shall be heard by the boards1370
of election commissioners de novo, and oral and documentary1371
evidence may be heard by them; and they are authorized to1372
administer oaths to witnesses before them; and they have power to1373
subpoena witnesses, and to compel their attendance; to send for1374
persons and papers; to require the sheriff and constables to1375
attend them and to execute their process. The decisions of the1376
commissioners in all cases shall be final as to questions of fact,1377
but as to matters of law they may be revised by circuit courts and1378
the Supreme Court. The registrar shall obey the orders of the1379
commissioners in directing a person to be registered, or a name to1380
be stricken from the * * * Statewide Elections Management System.1381
SECTION 26. Section 23-15-79, Mississippi Code of 1972, is1382
amended as follows:1383
23-15-79. (1) Unless the application for registration was1384
made pursuant to Section 23-15-47, the date of registration to1385
vote shall be the date * * * the application for registration to1386
vote was initially received by the registrar or, if submitted by1387
mail, the postmark date, regardless of the date on which the1388
county election commission, circuit court or Supreme Court, as the1389
-
8/18/2019 CFR Conference Report
52/291
16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 52 G1/2
(ENK/EW)
case may be, makes its final determination allowing the1390
registration.1391(2) In the case of an application for registration which has1392
been made pursuant to Section 23-15-47, the date of registration1393
to vote shall be the date the complete and legible application1394
form is received by the county registrar, or, if mailed, the1395
postmark date of the complete and legible application.1396
SECTION 27. Section 23-15-95, Mississippi Code of 1972, is1397
amended as follows:1398
23-15-95. In addition to the penalties set forth in Section1399
23-15-93, any applicant aggrieved by any registrar or election1400
commissioner * * * because of their refusal or neglect to perform1401
any of the duties prescribed by this chapter regarding the1402
registration of electors may petition the chancery court of the1403
county of the registrar or election commissioner * * * for an1404
injunction or mandate to enforce the performance of such duties1405
and to secure to such applicant such rights to which he may be1406
entitled under the provisions of said sections.1407
SECTION 28. Section 23-15-113, Mississippi Code of 1972, is1408
amended as follows:1409
top related