Mississippi SB 2294: Suffrage; provide for restoration upon completion of sentence or placement on probation.

Bill Text

S. B. No. 2294 *SS26/R622* ~ OFFICIAL ~ G2/3
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To: Elections; Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2022

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2294

AN ACT TO RESTORE THE RIGHT OF SUFFRAGE TO CERTAIN PERSONS 1
DISQUALIFIED BY REASON OF CONVICTION OF A DISENFRANCHISING CRIME; 2
TO PROVIDE THAT SUCH PERSONS SHALL BE ENFRANCHISED AFTER 3
COMPLETING THE TERM OF INCARCERATION AND PAROLE OR UPON THE 4
IMPOSITION OF A PROBATION-ONLY SENTENCE FOR SUCH CRIMES; TO AMEND 5
SECTION 23-15-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND 6
SECTION 23-15-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE 7
REMOVAL OF A PERSON'S NAME FROM THE STATEWIDE ELECTIONS MANAGEMENT 8
SYSTEM UNLESS THE PERSON IS SERVING A TERM OF INCARCERATION OR 9
PAROLE FOR A DISENFRANCHISING CRIME AT THE TIME OF REMOVAL; TO 10
PROVIDE THAT A COURT'S CERTIFICATION OF A CONVICTION FOR PURPOSES 11
OF REMOVAL FROM THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM MUST 12
INDICATE THE TYPE OF SENTENCE IMPOSED; TO AMEND SECTION 23-15-151, 13
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CIRCUIT CLERK'S 14
ENROLLMENT BOOK LISTING THE NAMES OF PERSONS CONVICTED OF 15
DISENFRANCHISING CRIMES MUST BE UPDATED TO EXCLUDE THE NAMES OF 16
THOSE PERSONS ENFRANCHISED UNDER THIS ACT; TO AMEND SECTIONS 17
23-15-125 AND 23-15-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 18
THE VOTER ROLL AND POLLBOOKS MUST BE UPDATED IN A MANNER 19
CONSISTENT WITH THIS ACT; TO AMEND SECTIONS 23-15-39 AND 23-15-47, 20
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE 21
WILL ADOPT VOTER REGISTRATION APPLICATIONS WHICH STATE THAT A 22
PERSON RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT IS NOT 23
DISQUALIFIED FROM REGISTERING TO VOTE; TO AMEND SECTIONS 24
23-15-213, 23-15-223 AND 23-15-239, MISSISSIPPI CODE OF 1972, TO 25
PROVIDE THAT THE SECRETARY OF STATE WILL DEVELOP AND IMPLEMENT 26
TRAINING FOR ELECTION COMMISSIONERS, REGISTRARS AND POLL MANAGERS 27
WHICH WILL INSTRUCT THEM ON THEIR DUTIES WITH REGARD TO PERSONS 28
RESTORED THE RIGHT OF SUFFRAGE UNDER THIS ACT; TO AMEND SECTION 29
23-15-165, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY 30
OF STATE WILL UPDATE THE STATEWIDE ELECTIONS MANAGEMENT SYSTEM IN 31
A MANNER THAT WILL ALLOW LOCAL ELECTION OFFICIALS TO VERIFY 32
WHETHER A PERSON HAS A DISQUALIFYING CONVICTION; TO BRING FORWARD 33
SECTION 23-15-573, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE 34

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PROCEDURE FOR CASTING AN AFFIDAVIT BALLOT, FOR PURPOSES OF 35
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 36
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 37
SECTION 1. (1) The right of suffrage is hereby fully and 38
completely restored to any person disqualified by reason of 39
conviction for vote fraud or of any crime listed in Section 241, 40
Mississippi Constitution of 1890, as follows: 41
(a) Upon the completion of the term of incarceration 42
imposed by the sentencing court, including any period of time to 43
be served on parole for such crime; or 44
(b) Immediately upon imposition of sentence by the 45
sentencing court if sentenced solely to a term of probation for 46
such crime. 47
(2) Any person enfranchised under subsection (1) of this 48
section shall have the full right of suffrage restored as though 49
an act had been passed by the Legislature in accordance with 50
Section 253, Mississippi Constitution of 1890, restoring the right 51
of suffrage to such person. 52
SECTION 2. Section 23-15-11, Mississippi Code of 1972, is 53
amended as follows: 54
23-15-11. Every inhabitant of this state, except persons 55
adjudicated to be non compos mentis, who is a citizen of the 56
United States of America, eighteen (18) years old and upwards, who 57
has resided in this state for thirty (30) days and for thirty (30) 58
days in the county in which he or she seeks to vote, and for 59
thirty (30) days in the incorporated municipality in which he or 60

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she seeks to vote, and who has been duly registered as an elector 61
under Section 23-15-33, and who * * *, if convicted of vote fraud 62
or of any crime listed in Section 241, Mississippi Constitution of 63
1890, has been restored the right of suffrage as provided in 64
Section 1 of this act, shall be a qualified elector in and for the 65
county, municipality and voting precinct of his or her residence, 66
and shall be entitled to vote at any election upon compliance with 67
Section 23-15-563. If the thirtieth day to register before an 68
election falls on a Sunday or legal holiday, the registration 69
applications submitted on the business day immediately following 70
the Sunday or legal holiday shall be accepted and entered in the 71
Statewide Elections Management System for the purpose of enabling 72
voters to vote in the next election. Any person who will be 73
eighteen (18) years of age or older on or befo