Mississippi SB 2509: Elections; Secure our Primaries Act.

Bill Text

S. B. No. 2509 *SS26/R852* ~ OFFICIAL ~ G1/2
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To: Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023

By: Senator(s) Sojourner

SENATE BILL NO. 2509

AN ACT TO PROVIDE THAT ONLY REGISTERED VOTERS AFFILIATED WITH 1
A POLITICAL PARTY MAY VOTE IN THE PARTY'S PRIMARY ELECTION; TO 2
PROVIDE THAT REGISTERED VOTERS NOT AFFILIATED WITH A POLITICAL 3
PARTY MAY VOTE IN ANY NONPARTISAN ELECTION HELD IN CONJUNCTION 4
WITH A PARTY PRIMARY ELECTION; TO REQUIRE THE STATE EXECUTIVE 5
COMMITTEE OF A POLITICAL PARTY TO DESIGNATE ANNUALLY ANY 6
QUALIFICATIONS FOR ELECTORS TO BE ELIGIBLE TO VOTE IN THE PARTY'S 7
PRIMARY ELECTION; TO AUTHORIZE THE SECRETARY OF STATE TO PRESCRIBE 8
BY RULE A UNIFORM STATEWIDE VOTER REGISTRATION APPLICATION THAT 9
SHALL BE USED TO DESIGNATE AN ELECTOR'S PARTY AFFILIATION; TO 10
AMEND SECTIONS 23-15-575 AND 23-15-753, MISSISSIPPI CODE OF 1972, 11
TO PROVIDE THAT ANY PERSON WHO VOTES IN A POLITICAL PARTY PRIMARY 12
OTHER THAN THAT IN WHICH THE PERSON IS REGISTERED SHALL BE GUILTY 13
OF VOTE FRAUD; TO AMEND SECTIONS 23-15-33, 23-15-35, 23-15-37, 14
23-15-39, 23-15-41 AND 23-15-47, MISSISSIPPI CODE OF 1972, TO 15
AUTHORIZE CIRCUIT AND MUNICIPAL CLERKS TO ENTER INTO THE STATEWIDE 16
ELECTIONS MANAGEMENT SYSTEM AN ELECTOR'S PARTY AFFILIATION AS 17
DESIGNATED ON THE ELECTOR'S UNIFORM STATEWIDE VOTER REGISTRATION 18
APPLICATION; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. (1) Electors who are registered to vote may 21
select a party affiliation in any of the following ways: 22
(a) Fill out a uniform statewide voter registration 23
application; 24
(b) Declare at the election August 4, 2023, by casting 25
a ballot in the primary of one (1) political party. 26

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(2) On or before October 1, 2023, the registrar shall record 27
an elector's party affiliation in the Statewide Elections 28
Management System. Electors who do not vote in the August 4, 29
2023, election or who have not selected a party affiliation on the 30
uniform statewide voter registration application shall be 31
designated as "unaffiliated" in the system. 32
(a) All registered voters not affiliated with a 33
political party may vote in any nonpartisan election held in 34
conjunction with a party primary election. 35
(b) All registered voters affiliated with a political 36
party may vote in the party primary election designated in the 37
voter's registration. 38
(3) From and after October 2, 2023, any qualified elector 39
may update or change the voter's party affiliation by mailing or 40
delivering a completed uniform voter registration application to 41
his county registrar at least thirty (30) days prior to any 42
election except as provided in this subsection. The date of party 43
registration shall be either the date of the elector's personal 44
delivery to the county registrar or the postmark date of a mailed 45
application unless: 46
(a) The election is for the purpose of nominating a 47
political party nominee, in which case the update or change shall 48
be effective for the purpose of subsequent elections. 49

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(b) For the purpose of this subsection, any first 50
primary followed by a second or subsequent run-off primary 51
election constitutes one (1) election. 52
SECTION 2. On or before January 1, 2024, and each year 53
thereafter, the state executive committee of each political party 54
shall notify the Secretary of State of any qualifications, not 55
inconsistent with the laws of this state, for electors to be 56
eligible to vote in the party's primary election. 57
SECTION 3. (1) The Secretary of State shall prescribe by 58
rule a uniform statewide voter registration application for use in 59
this state. 60
(2) The uniform statewide voter registration application 61
must be accepted for any one or more of the following purposes: 62
(a) Initial registration. 63
(b) Change of address. 64
(c) Change of party affiliation. 65
(d) Change of name. 66
(e) Replacement of a voter information card. 67
(f) Signature update. 68
SECTION 4. Section 23-15-575, Mississippi Code of 1972, is 69
amended as follows: 70
23-15-575. No person shall be eligible to participate in any 71
party primary unless he or she is a registered member of that 72
party. No person shall vote or attempt to vote in the primary 73
election of one (1) party when he or she has voted on the same 74

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date in the primary election of another party. No person shall 75
vote or attempt to vote in the second primary election of one (1) 76
party when he or she has voted in the first primary election of 77
another party. Any person who votes in a primary for a candidate 78
running for nomination for a party other than that in which the 79
person is registered shall be subject to the penalties