Mississippi HB 735: Right to vote; restore to people who committed nonviolent disqualifying crimes upon meeting certain requirements.

Bill Text

HB 735 (As Introduced) - 2020 Regular Session 

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary B; Constitution

By: Representative Reynolds

House Bill 735

AN ACT TO AMEND SECTION 23-15-11, MISSISSIPPI CODE OF 1972, 
TO PROVIDE THAT A PERSON WHO HAS COMMITTED A NONVIOLENT DISQUALIFYING CRIME AS 
PROVIDED IN SECTION 241, MISSISSIPPI CONSTITUTION OF 1890, SHALL HAVE THE RIGHT 
TO HAVE HIS OR HER VOTE RESTORED TWO YEARS AFTER COMPLETING ALL OF THE 
SENTENCING REQUIREMENTS; TO AMEND SECTIONS 23-15-19, 23-15-151, 23-15-125, 23-15-153 
AND 23-15-165, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS 
ACT; TO BRING FORWARD SECTIONS 97-39-3 AND 99-19-37, MISSISSIPPI CODE OF 1972, 
FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

���� SECTION 1.� Section 
23-15-11, Mississippi Code of 1972, is amended as follows:

���� 23-15-11.� Every inhabitant 
of this state, except persons adjudicated to be non compos mentis, shall be 
a qualified elector in and for the county, municipality and voting precinct of 
his or her residence and shall be entitled to vote at any election upon 
compliance with Section 23-15-563, if he or she is: 

��������� (a) * * * 
who is A citizen of the United 
States of America * * *,;

��������� (b)� Eighteen 
(18) years old and upwards * * *,;

��������� (c) * * * 
who Has resided A resident 
in this state for thirty (30) days and for thirty (30) days in the county in 
which he or she seeks to vote, and for thirty (30) days in the incorporated 
municipality in which he or she seeks to vote * * *, and;

��������� (d) * * * 
who Has been Duly registered as an 
elector under Section 23-15-33 * * *,; and 

��������� (e) * * * 
who Has Never been convicted of 
vote fraud or of any crime listed in Section 241, Mississippi Constitution of 
1890, * * * shall be a 
qualified elector in and for the county, municipality and voting precinct of 
his or her residence, and shall be entitled to vote at any election upon 
compliance with Section 23‑15‑563� If the thirtieth day to register before an election falls 
on a Sunday or legal holiday, the registration applications submitted on the 
business day immediately following the Sunday or legal holiday shall be 
accepted and entered in the Statewide Elections Management System for the 
purpose of enabling voters to vote in the next election. except 
that a person who committed a nonviolent disqualifying crime listed in Section 
241, Mississippi Constitution of 1890, or in later Attorney General opinions, 
shall have the right to vote two (2) years after he or she has completed all of 
the sentencing requirements.� Any person who will be eighteen (18) years of 
age or older on or before the date of the general election and who is duly 
registered to vote not less than thirty (30) days before the primary election 
associated with the general election, may vote in the primary election even 
though the person has not reached his or her eighteenth birthday at the time 
that the person seeks to vote at the primary election.� No others than those 
specified in this section shall be entitled, or shall be allowed, to vote at 
any election.

���� SECTION 2.� Section 
23-15-19, Mississippi Code of 1972, is amended as follows:

���� 23-15-19.� Except as 
otherwise provided in Section 23-15-11, any person who has been convicted 
of vote fraud or any crime listed in Section 241, Mississippi Constitution of 
1890, such crimes defined as "disenfranchising," shall not be 
registered, or if registered the name of the person shall be removed from the 
Statewide Elections Management System by the registrar or the election 
commissioners of the county of his or her residence.� Whenever any person shall 
be convicted in the circuit court of his or her county of a disenfranchising 
crime, the county registrar shall thereupon remove his or her name from the 
Statewide Elections Management System; and whenever any person shall be 
convicted of a disenfranchising crime in any other court of any county, the 
presiding judge of the court shall, on demand, certify the fact in writing to 
the registrar of the county in which the voter resides, who shall thereupon 
remove the name of the person from the Statewide Elections Management System 
and retain the certificate as a record of his or her office.

���� SECTION 3.� Section 
23-15-151, Mississippi Code of 1972, is amended as follows:

���� 23-15-151.� The circuit 
clerk of each county is authorized and directed to prepare and keep in his or 
her office a full and complete list, in alphabetical order, of persons 
convicted of voter fraud or of any crime listed in Section 241, Mississippi 
Constitution of 1890.� A certified copy of any enrollment by one clerk to 
another will be sufficient authority for the enrollment of the name, or names, 
in another county.� A list of persons convicted of voter fraud, any crime 
listed in Secti