cfr conference report

8/18/2019 CFR Conference Report

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16/HR43/HB797CR.4J *HR43/OHB797CR.4J* (H)AE (S)ELPAGE 1 G1/2

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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


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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


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(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


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(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


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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


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(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


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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


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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


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(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


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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


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(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


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(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



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


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( * * *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



23-15-805. (a) Candidates for state, state district, and447

legislative district offices, and every political committee, which448


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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


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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



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


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(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


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(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


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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


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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


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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



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


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(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



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


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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


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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


25/291


(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


26/291


(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


27/291


(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



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


28/291


(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


29/291


(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


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(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



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


31/291


(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


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(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


33/291


(ENK/EW)


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



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


34/291


(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



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



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


35/291


(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



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


36/291


(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


37/291


(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



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


38/291


(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


39/291


(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



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


has previously registered to vote in another county of this state1091

or another state, notice to the voter's previous county of1092


40/291


(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


41/291


(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


42/291


(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



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


43/291


(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



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


44/291


(ENK/EW)


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


45/291


(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


46/291


(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


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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


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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


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


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


49/291


(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



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



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


50/291


(ENK/EW)


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



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


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(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


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



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


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(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



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



cfr conference report

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