Mississippi SB 2008: Affidavit ballots; reduce length of time within which certain persons must present proper voter ID or execute religious exemption.

Bill Text

S. B. No. 2008 *SS08/R225* ~ OFFICIAL ~ G1/2
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To: Elections; Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Senator(s) Blackwell

SENATE BILL NO. 2008

AN ACT TO AMEND SECTIONS 23-15-563 AND 23-15-573, MISSISSIPPI 1
CODE OF 1972, TO REDUCE THE LENGTH OF TIME AFTER THE ELECTION 2
WITHIN WHICH A VOTER WHO IS UNABLE TO PRESENT ACCEPTABLE 3
PHOTOGRAPHIC IDENTIFICATION MUST RETURN TO THE CIRCUIT OR 4
MUNICIPAL CLERK'S OFFICE TO PRESENT PHOTOGRAPHIC IDENTIFICATION OR 5
EXECUTE A RELIGIOUS EXEMPTION AFFIDAVIT; TO PROVIDE THAT SUCH 6
VOTERS MUST RETURN TO THE CIRCUIT OR MUNICIPAL CLERK'S OFFICE 7
WITHIN THREE RATHER THAN FIVE DAYS TO ENSURE THAT HIS OR HER 8
BALLOT IS COUNTED; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 23-15-563, Mississippi Code of 1972, is 11
amended as follows: 12
23-15-563. (1) Each person who appears to vote in person at 13
a polling place or the registrar's office shall be required to 14
identify himself or herself to a poll manager or the registrar by 15
presenting current and valid photo identification before such 16
person shall be allowed to vote. 17
(2) The identification required by subsection (1) of this 18
section shall include, but not be limited to, the following: 19
(a) A current and valid Mississippi driver's license; 20

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(b) A current and valid identification card issued by a 21
branch, department, agency or entity of the State of Mississippi; 22
(c) A current and valid United States passport; 23
(d) A current and valid employee identification card 24
containing a photograph of the elector and issued by any branch, 25
department, agency or entity of the United States government, the 26
State of Mississippi, or any county, municipality, board, 27
authority or other entity of this state; 28
(e) A current and valid Mississippi license to carry a 29
pistol or revolver; 30
(f) A valid tribal identification card containing a 31
photograph of the elector; 32
(g) A current and valid United States military 33
identification card; 34
(h) A current and valid student identification card, 35
containing a photograph of the elector, issued by any accredited 36
college, university or community or junior college in the State of 37
Mississippi; and 38
(i) An official Mississippi voter identification card 39
containing a photograph of the elector. 40
(3) (a) A person who appears to vote in person at a polling 41
place and does not have identification as required by this section 42
may vote by affidavit ballot. The affidavit ballot shall then be 43
counted if the person shall present acceptable photo 44
identification to the registrar within * * * three (3) days. 45

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(b) An elector who has a religious objection to being 46
photographed may vote by affidavit ballot, and the elector, 47
within * * * three (3) days after the election, shall execute an 48
affidavit in the registrar's office affirming that the exemption 49
applies. 50
(4) The intentional failure of an election official to 51
require a voter to present identification as required by this 52
section shall be considered corrupt conduct under Section 97-13-19 53
and shall be reported to the Secretary of State and the Attorney 54
General. 55
SECTION 2. Section 23-15-573, Mississippi Code of 1972, is 56
amended as follows: 57
23-15-573. (1) If any person declares that he or she is a 58
registered voter in the jurisdiction in which he or she offers to 59
vote and that he or she is eligible to vote in the election, but 60
his or her name does not appear upon the pollbooks, or that he or 61
she is not able to cast a regular election day ballot under a 62
provision of state or federal law but is otherwise qualified to 63
vote, or that he or she has been illegally denied registration, or 64
that he or she is unable to present an acceptable form of photo 65
identification: 66
(a) A poll manager shall notify the person that he or 67
she may cast an affidavit ballot at the election. 68

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(b) The person shall be permitted to cast an affidavit 69
ballot at the polling place upon execution of a written affidavit 70
before one (1) of the poll managers stating that the individual: 71
(i) Believes he or she is a registered voter in 72
the jurisdiction in which he or she desires to vote and is 73
eligible to vote in the election; or 74
(ii) Is not able to cast a regular election day 75
ballot under a provision of state or federal law but is otherwise 76
qualified to vote; or 77
(iii) Believes that he or she has been illegally 78
denied registration; or 79
(iv) Is unable to present an acceptable form of 80
photo identification. 81
(c) The poll manager shall allow the individual to mark 82
a paper ballot properly endorsed by the initialing poll man