| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Apportionment and Elections By: Representative Scott House Bill 169 AN ACT TO AMEND SECTION 23-15-719, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A REGISTRAR SHALL BE AUTHORIZED TO ALLOW A PHYSICALLY DISABLED PERSON TO ABSENTEE VOTE CURBSIDE DURING THE HOURS IN WHICH THE REGISTRAR'S OFFICE IS OPEN FOR ABSENTEE VOTING; TO PROVIDE THE PROCESS FOR CURBSIDE ABSENTEE VOTING; TO AMEND SECTIONS 23-15-637 AND 23-15-735, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 23-15-627, 23-15-631 AND 23-15-697, 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 23-15-719, Mississippi Code of 1972, is amended as follows: 23-15-719. (1) Except where the registrar has already mailed a ballot with an application, upon receipt of a properly completed application form by an elector qualified to vote absentee as provided in this article, the registrar shall mail the absent voter an absentee ballot within one (1) business day, or as soon as the absentee ballot is prepared and available, containing the names of all the candidates and propositions, if any, to be voted on in the election. The registrar shall include with the absentee ballot an official envelope that complies with the provisions of Section 23-15-635, as well as information to comply with Section 23-15-641(3) related to the status of the elector's ballot. (2) (a) When an absentee voter appears before the registrar to vote, the registrar shall identify the applicant by requiring him or her to present identification as required by Section 23-15-563, and shall then deliver the ballot to the applicant in the registrar's office. After the applicant has properly marked the ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her by the registrar. After the absentee voter has sealed the envelope, he or she shall ensure the absentee application on the front of the envelope is complete and shall subscribe and swear to an affidavit. The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot: "STATE OF MISSISSIPPI COUNTY OF ___________ I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the resolution board to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted. I further swear that I marked the enclosed ballot in secret. _______________________ (Signature of voter) SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___. (Registrar) _______________________ (Registrar)" After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar. (b) A registrar shall be authorized to allow a physically disabled person to absentee vote curbside during the hours in which the registrar's office is open for absentee voting. Where the registrar of county, exercising his or her sound discretion, determines that a physically disabled person has arrived at the registrar's office in a motor vehicle to absentee vote, the registrar shall identify the applicant by requiring him or her to present identification as required by Section 23-15-563, and shall then deliver the ballot to the disabled applicant in the applicant's motor vehicle. The applicant shall cast his or her ballot in secret. To ensure the secrecy of the absentee vote of the disabled applicant, other passengers in the motor vehicle, except the disabled applicant and any other disabled persons in the motor vehicle, shall exit the motor vehicle until the disabled applicant has completed the marking of his or her absentee ballot. After the applicant has properly marked the absentee ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her by the registrar. After the absentee voter has sealed the envelope, he or she shall ensure the absentee application on the front of the envelope is complete and shall subscribe and swear to an affidavit. The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot: "STATE OF MISSISSIPPI COUNTY OF ___________ I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the resolution board to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted. I further swear that I marked the enclosed ballot in secret. _______________________ (Signature of voter) SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___. (Registrar) _______________________ (Registrar)" After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar. (3) If the voter has received assistance in marking his or her ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot: "CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE (To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions. ___________________________________________ Signature of person providing assistance ___________________________________________ Printed name of person providing assistance ___________________________________________ Address of person providing assistance ___________________________________________ Date and time assistance provided ___________________________________________ Family relationship to voter (if any)" (4) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS ENVELOPE." A portion of the voter's signature extending outside of the box shall not be grounds for rejecting that voter's ballot. (5) The registrar shall not personally hand deliver ballots to voters, except to those who personally appear in the registrar's office to absentee vote and to those who curbside absentee vote as provided in this Section. SECTION 2. Section 23-15-637, Mississippi Code of 1972, is amended as follows: 23-15-637. (1) (a) Absentee ballots and applications received by mail, except for fax or electronically transmitted ballots as otherwise provided by Section 23-15-699 for UOCAVA ballots, or common carrier, such as United Parcel Service or FedEx Corporation, must be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. (b) Except as otherwise provided in Section 23-15-719, all ballots cast by the absent elector appearing in person in the office of the registrar shall be cast with an absentee paper ballot and deposited into a sealed ballot box by the voter, not later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days. At the close of business each day at the office of the registrar, the ballot box used shall be sealed and not unsealed until the beginning of the next business day, and the seal number shall be recorded with the number of ballots cast which shall be stored in a secure location in the registrar's office. (2) The registrar shall deposit all absentee ballots which have been timely cast and received by mail in a secured and sealed box in a designated location in the registrar's office upon receipt. The registrar shall not send any absentee ballots to the precinct polling locations. (3) The Secretary of State shall promulgate rules and regulations necessary to ensure that when a qualified elector who is qualified to vote absentee votes by absentee ballot, either by mail or in person with a regular paper ballot, that person's absentee vote is final and he or she may not vote at the polling place on election day. Notwithstanding any other provisions of law to the contrary, the Secretary of State shall promulgate rules and regulations necessary to ensure that absentee ballots shall remain in the registrar's office for counting and not be taken to the precincts on election day. SECTION 3. Section 23-15-735, Mississippi Code of 1972, is amended as follows: 23-15-735. Except for ballots voted in person or curbside at the office of the registrar, absentee ballots shall not be delivered in person to an absentee voter or to any other person. SECTION 4. Section 23-15-627, Mississippi Code of 1972, is brought forward as follows: 23-15-627. (1) Any elector described in Section 23-15-713 may request an absentee ballot application and vote in person at the office of the registrar in the county in which he or she resides. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Such form shall be printed on the absentee ballot envelope as provided in Section 23-15-659. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his or her deputy in order to be used to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. (2) Such application shall be substantially in the following form for applications mailed to absentee electors: "OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason): ( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election. ( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member. ( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member. ( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran. ( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian. ( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia. ( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator. ( ) I will be outside the county on election day. ( ) I have a temporary or permanent physical disability. ( ) I am sixty-five (65) years of age or older. ( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day. ( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation. ( ) I am required to be at work on election day during the times when the polls will be open or I am required to be on-call on election day during the times when the polls will be open. ( ) I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime. I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____. Mail 'Absent Elector's Ballot' to me at the following address ____________. ( ) I wish to receive an absentee ballot for the runoff election ___________________________________________. Notify me of a problem with my 'Absent Elector's Ballot' at the following: Phone number: _____________________________ Email address: ____________________________ Mailing address: __________________________ I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.) If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place. DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.) IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___. _________________________________ (Signature of absent elector) SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___. _________________________________ (Official authorized to administer oaths for absentee balloting.) TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED: I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___. _________________________________ (Signature of witness) CERTIFICATE OF DELIVERY I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application. __________________________________________ (Signature of person delivering application) __________________________________________ (Address of person delivering application)" (3) The application printed on the front of the absentee ballot envelope for absentee voters appearing before the registrar shall be substantially in the following form: "OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason): ( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election. ( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member. ( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member. ( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran. ( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian. ( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia. ( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator. ( ) I will be outside the county on election day. ( ) I have a temporary or permanent physical disability. ( ) I am sixty-five (65) years of age or older. ( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day. ( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation. ( ) I am required to be at work on election day during the times when the polls will be open or I am required to be on-call on election day during the times when the polls will be open. ( ) I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime. I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____. Notify me of a problem with my 'Absent Elector's Ballot' at the following: Phone number: _____________________________ Email address: ____________________________ Mailing address: __________________________ I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)" SECTION 5. Section 23-15-631, Mississippi Code of 1972, is brought forward as follows: 23-15-631. (1) The registrar shall enclose with each ballot mailed to an absent elector separate printed instructions furnished by the registrar containing the following: (a) All absentee voters, excepting those with temporary or permanent physical disabilities or those who are sixty-five (65) years of age or older, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. The absentee voter shall come to the office of the registrar and neither the registrar nor his or her deputy shall be required to go out of the registrar's office to serve as an attesting witness. (b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions. (c) After marking the ballot, fill out and sign the "ELECTOR'S CERTIFICATE" in the box on the back of the envelope so that the signature is across the flap of the envelope to ensure the integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the box across the flap on the back of the envelope. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. Place the necessary postage on the envelope and deposit it in the post office or some government receptacle provided for the deposit of mail so that the absent elector's ballot will be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election. The ballot may only be transmitted by the United States Postal Service or other common carriers, including, but not limited to, United Parcel Service or FedEx Corporation. Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or other officer having authority to administer an oath or take an acknowledgment may be an attesting witness; provided, however, that in the case of an absent elector who is temporarily or permanently physically disabled, the attesting witness may be any person eighteen (18) years of age or older and such person is not required to have the authority to administer an oath. If a postmaster, assistant postmaster, postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his or her signature in a box on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If an officer having authority to administer an oath or take an acknowledgment acts as attesting witness, his or her signature in a box on the elector's certificate, together with his or her title and address, but no seal, shall be required. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. Any affidavits made by an absent elector who is in the Armed Forces may be executed before a commissioned officer, warrant officer, or noncommissioned officer not lower in grade than sergeant rating or any person authorized to administer oaths. (d) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate pre-addressed envelope provided by the registrar. (e) A candidate for public office, or the spouse, parent or child of a candidate for public office, may not be an attesting witness for any absentee ballot upon which the candidate's name appears, unless the voter is related within the first degree to the candidate or the spouse, parent or child of the candidate. (f) Any voter casting an absentee ballot who declares that he or she requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his or her absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, the spouse, parent or child of a candidate whose name appears on the absentee ballot being marked or the voter's employer, an agent of that employer or a union representative; however, a candidate whose name is on the ballot or the spouse, parent or child of such candidate may provide assistance upon request to any voter who is related within the first degree. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope. (2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar. (3) The Secretary of State shall prepare instructions on how absent voters may comply with the identification requirements of Section 23-15-563. SECTION 6. Section 23-15-697, Mississippi Code of 1972, is brought forward as follows: 23-15-697. When the absentee ballot has been voted and the envelope sealed, signed and certified to as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar. Hand-delivery of ballots to a voter or from a voter shall be prohibited, and the use of drop boxes or other mechanisms to submit a completed absentee ballot other than by mail or common carrier, shall be prohibited. SECTION 7. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Apportionment and Elections |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Scott |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 169 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 23-15-719, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A REGISTRAR SHALL BE AUTHORIZED TO ALLOW A PHYSICALLY DISABLED PERSON TO ABSENTEE VOTE CURBSIDE DURING THE HOURS IN WHICH THE REGISTRAR'S OFFICE IS OPEN FOR ABSENTEE VOTING; TO PROVIDE THE PROCESS FOR CURBSIDE ABSENTEE VOTING; TO AMEND SECTIONS 23-15-637 AND 23-15-735, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 23-15-627, 23-15-631 AND 23-15-697, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 23-15-719, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 23-15-719. (1) Except where the registrar has already mailed a ballot with an application, upon receipt of a properly completed application form by an elector qualified to vote absentee as provided in this article, the registrar shall mail the absent voter an absentee ballot within one (1) business day, or as soon as the absentee ballot is prepared and available, containing the names of all the candidates and propositions, if any, to be voted on in the election. The registrar shall include with the absentee ballot an official envelope that complies with the provisions of Section 23-15-635, as well as information to comply with Section 23-15-641(3) related to the status of the elector's ballot. |
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| 20 | 20 | | |
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| 21 | 21 | | (2) (a) When an absentee voter appears before the registrar to vote, the registrar shall identify the applicant by requiring him or her to present identification as required by Section 23-15-563, and shall then deliver the ballot to the applicant in the registrar's office. After the applicant has properly marked the ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her by the registrar. |
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| 22 | 22 | | |
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| 23 | 23 | | After the absentee voter has sealed the envelope, he or she shall ensure the absentee application on the front of the envelope is complete and shall subscribe and swear to an affidavit. The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot: |
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| 24 | 24 | | |
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| 25 | 25 | | "STATE OF MISSISSIPPI |
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| 26 | 26 | | |
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| 27 | 27 | | COUNTY OF ___________ |
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| 28 | 28 | | |
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| 29 | 29 | | I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the resolution board to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted. |
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| 30 | 30 | | |
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| 31 | 31 | | I further swear that I marked the enclosed ballot in secret. |
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| 32 | 32 | | |
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| 33 | 33 | | _______________________ |
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| 34 | 34 | | |
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| 35 | 35 | | (Signature of voter) |
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| 36 | 36 | | |
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| 37 | 37 | | SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___. |
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| 38 | 38 | | |
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| 39 | 39 | | (Registrar) _______________________ |
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| 40 | 40 | | |
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| 41 | 41 | | (Registrar)" |
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| 42 | 42 | | |
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| 43 | 43 | | After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar. |
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| 44 | 44 | | |
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| 45 | 45 | | (b) A registrar shall be authorized to allow a physically disabled person to absentee vote curbside during the hours in which the registrar's office is open for absentee voting. Where the registrar of county, exercising his or her sound discretion, determines that a physically disabled person has arrived at the registrar's office in a motor vehicle to absentee vote, the registrar shall identify the applicant by requiring him or her to present identification as required by Section 23-15-563, and shall then deliver the ballot to the disabled applicant in the applicant's motor vehicle. The applicant shall cast his or her ballot in secret. To ensure the secrecy of the absentee vote of the disabled applicant, other passengers in the motor vehicle, except the disabled applicant and any other disabled persons in the motor vehicle, shall exit the motor vehicle until the disabled applicant has completed the marking of his or her absentee ballot. After the applicant has properly marked the absentee ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her by the registrar. |
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| 46 | 46 | | |
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| 47 | 47 | | After the absentee voter has sealed the envelope, he or she shall ensure the absentee application on the front of the envelope is complete and shall subscribe and swear to an affidavit. The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot: |
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| 48 | 48 | | |
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| 49 | 49 | | "STATE OF MISSISSIPPI |
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| 50 | 50 | | |
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| 51 | 51 | | COUNTY OF ___________ |
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| 52 | 52 | | |
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| 53 | 53 | | I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the resolution board to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted. |
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| 54 | 54 | | |
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| 55 | 55 | | I further swear that I marked the enclosed ballot in secret. |
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| 56 | 56 | | |
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| 57 | 57 | | _______________________ |
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| 58 | 58 | | |
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| 59 | 59 | | (Signature of voter) |
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| 60 | 60 | | |
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| 61 | 61 | | SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___. |
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| 62 | 62 | | |
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| 63 | 63 | | (Registrar) _______________________ |
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| 64 | 64 | | |
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| 65 | 65 | | (Registrar)" |
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| 66 | 66 | | |
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| 67 | 67 | | After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar. |
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| 68 | 68 | | |
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| 69 | 69 | | (3) If the voter has received assistance in marking his or her ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot: |
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| 70 | 70 | | |
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| 71 | 71 | | "CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE |
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| 72 | 72 | | |
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| 73 | 73 | | (To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions. |
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| 74 | 74 | | |
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| 75 | 75 | | ___________________________________________ |
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| 76 | 76 | | |
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| 77 | 77 | | Signature of person providing assistance |
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| 78 | 78 | | |
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| 79 | 79 | | ___________________________________________ |
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| 80 | 80 | | |
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| 81 | 81 | | Printed name of person providing assistance |
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| 82 | 82 | | |
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| 83 | 83 | | ___________________________________________ |
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| 84 | 84 | | |
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| 85 | 85 | | Address of person providing assistance |
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| 86 | 86 | | |
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| 87 | 87 | | ___________________________________________ |
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| 88 | 88 | | |
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| 89 | 89 | | Date and time assistance provided |
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| 90 | 90 | | |
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| 91 | 91 | | ___________________________________________ |
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| 92 | 92 | | |
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| 93 | 93 | | Family relationship to voter (if any)" |
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| 94 | 94 | | |
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| 95 | 95 | | (4) The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS ENVELOPE." |
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| 96 | 96 | | |
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| 97 | 97 | | A portion of the voter's signature extending outside of the box shall not be grounds for rejecting that voter's ballot. |
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| 98 | 98 | | |
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| 99 | 99 | | (5) The registrar shall not personally hand deliver ballots to voters, except to those who personally appear in the registrar's office to absentee vote and to those who curbside absentee vote as provided in this Section. |
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| 100 | 100 | | |
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| 101 | 101 | | SECTION 2. Section 23-15-637, Mississippi Code of 1972, is amended as follows: |
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| 102 | 102 | | |
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| 103 | 103 | | 23-15-637. (1) (a) Absentee ballots and applications received by mail, except for fax or electronically transmitted ballots as otherwise provided by Section 23-15-699 for UOCAVA ballots, or common carrier, such as United Parcel Service or FedEx Corporation, must be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election; any received after such time shall be handled as provided in Section 23-15-647 and shall not be counted. |
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| 104 | 104 | | |
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| 105 | 105 | | (b) Except as otherwise provided in Section 23-15-719, all ballots cast by the absent elector appearing in person in the office of the registrar shall be cast with an absentee paper ballot and deposited into a sealed ballot box by the voter, not later than 12:00 noon on the Saturday immediately preceding elections held on Tuesday, the Thursday immediately preceding elections held on Saturday, or the second day immediately preceding the date of elections held on other days. At the close of business each day at the office of the registrar, the ballot box used shall be sealed and not unsealed until the beginning of the next business day, and the seal number shall be recorded with the number of ballots cast which shall be stored in a secure location in the registrar's office. |
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| 106 | 106 | | |
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| 107 | 107 | | (2) The registrar shall deposit all absentee ballots which have been timely cast and received by mail in a secured and sealed box in a designated location in the registrar's office upon receipt. The registrar shall not send any absentee ballots to the precinct polling locations. |
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| 108 | 108 | | |
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| 109 | 109 | | (3) The Secretary of State shall promulgate rules and regulations necessary to ensure that when a qualified elector who is qualified to vote absentee votes by absentee ballot, either by mail or in person with a regular paper ballot, that person's absentee vote is final and he or she may not vote at the polling place on election day. Notwithstanding any other provisions of law to the contrary, the Secretary of State shall promulgate rules and regulations necessary to ensure that absentee ballots shall remain in the registrar's office for counting and not be taken to the precincts on election day. |
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| 110 | 110 | | |
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| 111 | 111 | | SECTION 3. Section 23-15-735, Mississippi Code of 1972, is amended as follows: |
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| 112 | 112 | | |
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| 113 | 113 | | 23-15-735. Except for ballots voted in person or curbside at the office of the registrar, absentee ballots shall not be delivered in person to an absentee voter or to any other person. |
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| 114 | 114 | | |
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| 115 | 115 | | SECTION 4. Section 23-15-627, Mississippi Code of 1972, is brought forward as follows: |
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| 116 | 116 | | |
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| 117 | 117 | | 23-15-627. (1) Any elector described in Section 23-15-713 may request an absentee ballot application and vote in person at the office of the registrar in the county in which he or she resides. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Such form shall be printed on the absentee ballot envelope as provided in Section 23-15-659. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his or her deputy in order to be used to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. |
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| 118 | 118 | | |
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| 119 | 119 | | (2) Such application shall be substantially in the following form for applications mailed to absentee electors: |
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| 120 | 120 | | |
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| 121 | 121 | | "OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT |
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| 122 | 122 | | |
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| 123 | 123 | | I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason): |
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| 124 | 124 | | |
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| 125 | 125 | | ( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election. |
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| 126 | 126 | | |
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| 127 | 127 | | ( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member. |
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| 128 | 128 | | |
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| 129 | 129 | | ( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member. |
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| 130 | 130 | | |
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| 131 | 131 | | ( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran. |
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| 132 | 132 | | |
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| 133 | 133 | | ( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian. |
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| 134 | 134 | | |
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| 135 | 135 | | ( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia. |
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| 136 | 136 | | |
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| 137 | 137 | | ( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator. |
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| 138 | 138 | | |
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| 139 | 139 | | ( ) I will be outside the county on election day. |
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| 140 | 140 | | |
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| 141 | 141 | | ( ) I have a temporary or permanent physical disability. |
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| 142 | 142 | | |
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| 143 | 143 | | ( ) I am sixty-five (65) years of age or older. |
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| 144 | 144 | | |
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| 145 | 145 | | ( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day. |
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| 146 | 146 | | |
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| 147 | 147 | | ( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation. |
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| 148 | 148 | | |
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| 149 | 149 | | ( ) I am required to be at work on election day during the times when the polls will be open or I am required to be on-call on election day during the times when the polls will be open. |
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| 150 | 150 | | |
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| 151 | 151 | | ( ) I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime. |
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| 152 | 152 | | |
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| 153 | 153 | | I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____. |
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| 154 | 154 | | |
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| 155 | 155 | | Mail 'Absent Elector's Ballot' to me at the following address ____________. |
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| 156 | 156 | | |
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| 157 | 157 | | ( ) I wish to receive an absentee ballot for the runoff election ___________________________________________. |
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| 158 | 158 | | |
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| 159 | 159 | | Notify me of a problem with my 'Absent Elector's Ballot' at the following: |
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| 160 | 160 | | |
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| 161 | 161 | | Phone number: _____________________________ |
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| 162 | 162 | | |
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| 163 | 163 | | Email address: ____________________________ |
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| 164 | 164 | | |
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| 165 | 165 | | Mailing address: __________________________ |
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| 166 | 166 | | |
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| 167 | 167 | | I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.) |
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| 168 | 168 | | |
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| 169 | 169 | | If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place. |
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| 170 | 170 | | |
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| 171 | 171 | | DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.) |
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| 172 | 172 | | |
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| 173 | 173 | | IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___. |
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| 174 | 174 | | |
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| 175 | 175 | | _________________________________ |
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| 176 | 176 | | |
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| 177 | 177 | | (Signature of absent elector) |
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| 178 | 178 | | |
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| 179 | 179 | | SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___. |
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| 180 | 180 | | |
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| 181 | 181 | | _________________________________ |
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| 182 | 182 | | |
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| 183 | 183 | | (Official authorized to administer oaths |
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| 184 | 184 | | |
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| 185 | 185 | | for absentee balloting.) |
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| 186 | 186 | | |
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| 187 | 187 | | TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED: |
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| 188 | 188 | | |
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| 189 | 189 | | I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___. |
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| 190 | 190 | | |
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| 191 | 191 | | _________________________________ |
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| 192 | 192 | | |
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| 193 | 193 | | (Signature of witness) |
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| 194 | 194 | | |
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| 195 | 195 | | CERTIFICATE OF DELIVERY |
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| 196 | 196 | | |
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| 197 | 197 | | I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application. |
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| 198 | 198 | | |
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| 199 | 199 | | __________________________________________ |
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| 200 | 200 | | |
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| 201 | 201 | | (Signature of person delivering application) |
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| 202 | 202 | | |
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| 203 | 203 | | __________________________________________ |
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| 204 | 204 | | |
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| 205 | 205 | | (Address of person delivering application)" |
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| 206 | 206 | | |
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| 207 | 207 | | (3) The application printed on the front of the absentee ballot envelope for absentee voters appearing before the registrar shall be substantially in the following form: |
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| 208 | 208 | | |
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| 209 | 209 | | "OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT |
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| 210 | 210 | | |
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| 211 | 211 | | I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason): |
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| 212 | 212 | | |
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| 213 | 213 | | ( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election. |
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| 214 | 214 | | |
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| 215 | 215 | | ( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member. |
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| 216 | 216 | | |
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| 217 | 217 | | ( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member. |
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| 218 | 218 | | |
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| 219 | 219 | | ( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran. |
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| 220 | 220 | | |
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| 221 | 221 | | ( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian. |
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| 222 | 222 | | |
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| 223 | 223 | | ( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia. |
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| 224 | 224 | | |
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| 225 | 225 | | ( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator. |
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| 226 | 226 | | |
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| 227 | 227 | | ( ) I will be outside the county on election day. |
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| 228 | 228 | | |
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| 229 | 229 | | ( ) I have a temporary or permanent physical disability. |
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| 230 | 230 | | |
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| 231 | 231 | | ( ) I am sixty-five (65) years of age or older. |
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| 232 | 232 | | |
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| 233 | 233 | | ( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his or her county of residence or more than fifty (50) miles away from his or her residence, and I will be with such person on election day. |
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| 234 | 234 | | |
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| 235 | 235 | | ( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation. |
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| 236 | 236 | | |
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| 237 | 237 | | ( ) I am required to be at work on election day during the times when the polls will be open or I am required to be on-call on election day during the times when the polls will be open. |
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| 238 | 238 | | |
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| 239 | 239 | | ( ) I am incarcerated in prison or jail in the county where I am registered to vote and have not been convicted of a disenfranchising crime. |
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| 240 | 240 | | |
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| 241 | 241 | | I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____. |
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| 242 | 242 | | |
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| 243 | 243 | | Notify me of a problem with my 'Absent Elector's Ballot' at the following: |
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| 244 | 244 | | |
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| 245 | 245 | | Phone number: _____________________________ |
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| 246 | 246 | | |
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| 247 | 247 | | Email address: ____________________________ |
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| 248 | 248 | | |
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| 249 | 249 | | Mailing address: __________________________ |
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| 250 | 250 | | |
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| 251 | 251 | | I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the Penitentiary for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)" |
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| 252 | 252 | | |
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| 253 | 253 | | SECTION 5. Section 23-15-631, Mississippi Code of 1972, is brought forward as follows: |
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| 254 | 254 | | |
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| 255 | 255 | | 23-15-631. (1) The registrar shall enclose with each ballot mailed to an absent elector separate printed instructions furnished by the registrar containing the following: |
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| 256 | 256 | | |
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| 257 | 257 | | (a) All absentee voters, excepting those with temporary or permanent physical disabilities or those who are sixty-five (65) years of age or older, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. The absentee voter shall come to the office of the registrar and neither the registrar nor his or her deputy shall be required to go out of the registrar's office to serve as an attesting witness. |
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| 258 | 258 | | |
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| 259 | 259 | | (b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of the attesting witness. In the sight or view of the attesting witness, mark the ballot according to instructions. |
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| 260 | 260 | | |
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| 261 | 261 | | (c) After marking the ballot, fill out and sign the "ELECTOR'S CERTIFICATE" in the box on the back of the envelope so that the signature is across the flap of the envelope to ensure the integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the box across the flap on the back of the envelope. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. Place the necessary postage on the envelope and deposit it in the post office or some government receptacle provided for the deposit of mail so that the absent elector's ballot will be postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election. The ballot may only be transmitted by the United States Postal Service or other common carriers, including, but not limited to, United Parcel Service or FedEx Corporation. |
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| 262 | 262 | | |
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| 263 | 263 | | Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station, or other officer having authority to administer an oath or take an acknowledgment may be an attesting witness; provided, however, that in the case of an absent elector who is temporarily or permanently physically disabled, the attesting witness may be any person eighteen (18) years of age or older and such person is not required to have the authority to administer an oath. If a postmaster, assistant postmaster, postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his or her signature in a box on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If an officer having authority to administer an oath or take an acknowledgment acts as attesting witness, his or her signature in a box on the elector's certificate, together with his or her title and address, but no seal, shall be required. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. Any affidavits made by an absent elector who is in the Armed Forces may be executed before a commissioned officer, warrant officer, or noncommissioned officer not lower in grade than sergeant rating or any person authorized to administer oaths. |
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| 264 | 264 | | |
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| 265 | 265 | | (d) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate pre-addressed envelope provided by the registrar. |
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| 266 | 266 | | |
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| 267 | 267 | | (e) A candidate for public office, or the spouse, parent or child of a candidate for public office, may not be an attesting witness for any absentee ballot upon which the candidate's name appears, unless the voter is related within the first degree to the candidate or the spouse, parent or child of the candidate. |
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| 268 | 268 | | |
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| 269 | 269 | | (f) Any voter casting an absentee ballot who declares that he or she requires assistance to vote by reason of blindness, temporary or permanent physical disability or inability to read or write, shall be entitled to receive assistance in the marking of his or her absentee ballot and in completing the affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the voter's choice other than a candidate whose name appears on the absentee ballot being marked, the spouse, parent or child of a candidate whose name appears on the absentee ballot being marked or the voter's employer, an agent of that employer or a union representative; however, a candidate whose name is on the ballot or the spouse, parent or child of such candidate may provide assistance upon request to any voter who is related within the first degree. In order to ensure the integrity of the ballot, any person who provides assistance to an absentee voter shall be required to sign and complete the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope. |
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| 270 | 270 | | |
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| 271 | 271 | | (2) The foregoing instructions required to be provided by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar. |
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| 272 | 272 | | |
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| 273 | 273 | | (3) The Secretary of State shall prepare instructions on how absent voters may comply with the identification requirements of Section 23-15-563. |
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| 274 | 274 | | |
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| 275 | 275 | | SECTION 6. Section 23-15-697, Mississippi Code of 1972, is brought forward as follows: |
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| 276 | 276 | | |
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| 277 | 277 | | 23-15-697. When the absentee ballot has been voted and the envelope sealed, signed and certified to as provided above, the absentee voter shall mail the envelope containing the ballot to the registrar. |
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| 278 | 278 | | |
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| 279 | 279 | | Hand-delivery of ballots to a voter or from a voter shall be prohibited, and the use of drop boxes or other mechanisms to submit a completed absentee ballot other than by mail or common carrier, shall be prohibited. |
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| 280 | 280 | | |
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| 281 | 281 | | SECTION 7. This act shall take effect and be in force from and after July 1, 2025. |
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