| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Apportionment and Elections By: Representative Nelson House Bill 841 AN ACT TO AMEND SECTIONS 23-15-153, 23-15-152, 23-15-125 AND 23-15-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL PUBLISH NOTICE ON HIS WEBSITE EACH TIME A VOTER ROLL PURGE OCCURS AND THE DATE UPON WHICH IT OCCURRED; TO PROVIDE THAT SUCH INFORMATION SHALL REMAIN ON THE SECRETARY OF STATE'S WEBSITE FOR AT LEAST ONE YEAR AFTER THE PURGE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 23-15-153, Mississippi Code of 1972, is amended as follows: 23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, failed to comply with the provisions of Section 23-15-152, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration: (a) On the Tuesday after the second Monday in January 1987 and every following year; (b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected; (c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and (d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted. Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 and as provided in Section 23-15-152. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. (2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section: (a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year; (d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year; (h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; (j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year. (3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days. (4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph. (b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Sixty-five Dollars ($165.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph. (5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election. (6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day. (7) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed five (5) days for every day or period of no less than five (5) hours accumulated over two (2) or more days for those days when the election commissioners shall be required to conduct an audit of an election as provided in Section 23-15-615. (8) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information. (9) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections. (10) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day. (11) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury. The certification form shall be as follows: COUNTY ELECTION COMMISSIONER PER DIEM CLAIM FORM NAME: ____________________________ COUNTY: _______________ ADDRESS: _________________________ DISTRICT: _____________ CITY: ______________ ZIP: ________ PURPOSE APPLICABLE ACTUAL PER DIEM DATE BEGINNING ENDING OF MS CODE HOURS DAYS WORKED TIME TIME WORK SECTION WORKED EARNED ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ TOTAL NUMBER OF PER DIEM DAYS EARNED EXCLUDING ELECTION DAYS ________ PER DIEM RATE PER DAY EARNED X $110.00 TOTAL NUMBER PER DIEM DAYS EARNED FOR ELECTION DAYS ________ PER DIEM RATE PER DAY EARNED X $165.00 TOTAL AMOUNT OF PER DIEM CLAIMED $_______ I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury. I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting. Signed this the _____ day of ______________, ____. ________________________ Commissioner's Signature When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person. Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be. Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same. (12) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239. SECTION 2. Section 23-15-152, Mississippi Code of 1972, is amended as follows: 23-15-152. (1) For the purposes of this section, "confirmation notice" means a notice sent by the election commissioners, by forwardable mail, with return postage prepaid, on a form prescribed by the Secretary of State, to a registered voter to confirm the registered voter's current address. The notice shall comply with all applicable requirements of the National Voter Registration Act of 1993. (2) The election commissioners shall send a confirmation notice to the following: (a) A registered voter if it appears from the United States Postal Service change-of-address information that the registered voter has moved to a different residence; (b) A registered voter if a county election commissioner or county registrar has received notice from another state, or political subdivision of another state, that the registered voter has registered to vote in another state; (c) A registered voter who has failed to vote at least once in any election or update his or her registration during a period that begins in the year of a presidential preference primary and extends until the next general election for President of the United States that does not occur in the same year as the beginning of the period; or (d) A registered voter if the registrar or election commissioners have received reliable information that he or she has moved within or outside of the state. Reliable information includes, but is not limited to: official mail returned as undeliverable by the county election commission, registrar or other county or municipal office, Secretary of State; application for homestead exemption filed by the voter at an address other than the address of current registration; or any information from another state or county entity indicating the voter no longer resides at the address of voter registration. No registered voter shall be sent a confirmation notice under paragraph (c) of this subsection if he or she has been sent a confirmation notice for those same reasons within the last six (6) years. (3) The county election commissioners shall place any registered voter who has been sent a confirmation notice on inactive status in the Statewide Elections Management System. Any registered voter who is placed on inactive status shall be unable to cast a regular ballot on election day but shall be able to cast an affidavit ballot as provided in Section 23-15-573. (4) A registered voter "fails to respond to the confirmation notice" if the voter, during a period beginning on the date the confirmation notice was sent and ending on the day after the date of the second general election for federal office that occurs after the date of the notice, fails to: (a) Respond to the confirmation notice; or (b) Update the elector's registration information. A registered voter who votes at least once in any election in the registered voter's county or municipality of registration during the period beginning from the date of the delivery of the confirmation notice provided in this subsection (4) or who is active or reserve military or who serves on jury duty or responds to a summons for jury duty shall not be purged from the Statewide Elections Management System. (5) The county registrar or county election commission shall move those registered voters who fail to respond to the confirmation notice as provided in subsection (4) of this section and who fail to vote as provided in subsection (4) of this section to purged status in the Statewide Elections Management System. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. (6) No systematic list maintenance shall occur during the ninety (90) days immediately preceding a federal primary or general election which is limited to moving a voter to inactive status in subsection (2) of this section or purged status in subsection (5) of this section. (7) The county registrar shall retain purged voter registration records after they are purged for a period that includes at least two (2) federal general elections and shall record the reason for the removal. SECTION 3. Section 23-15-125, Mississippi Code of 1972, is amended as follows: 23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, 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 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. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, failure to comply with the provisions of Section 23-15-152, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter's name shall be purged from the Statewide Elections Management System, the state's voter roll and the county's pollbooks. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. Nothing in this section shall preclude the use of electronic pollbooks. SECTION 4. 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 Section 241, Mississippi Constitution of 1890, or any crime interpreted as disenfranchising in later Attorney General opinions, shall also be entered into the Statewide Elections Management System on a quarterly basis. Voters who have been convicted in a Mississippi state court of any disenfranchising crime are not qualified electors as defined by Section 23-15-11 and shall be purged or otherwise removed by the county registrar or county election commissioners from the Statewide Elections Management System. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. SECTION 5. 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 Nelson |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 841 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTIONS 23-15-153, 23-15-152, 23-15-125 AND 23-15-151, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL PUBLISH NOTICE ON HIS WEBSITE EACH TIME A VOTER ROLL PURGE OCCURS AND THE DATE UPON WHICH IT OCCURRED; TO PROVIDE THAT SUCH INFORMATION SHALL REMAIN ON THE SECRETARY OF STATE'S WEBSITE FOR AT LEAST ONE YEAR AFTER THE PURGE; 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 23-15-153, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 23-15-153. (1) At least during the following times, the election commissioners shall meet at the office of the registrar or the office of the election commissioners to carefully revise the county voter roll as electronically maintained by the Statewide Elections Management System and remove from the roll the names of all voters who have requested to be purged from the voter roll, died, received an adjudication of non compos mentis, been convicted of a disenfranchising crime, failed to comply with the provisions of Section 23-15-152, or otherwise become disqualified as electors for any cause, and shall register the names of all persons who have duly applied to be registered but have been illegally denied registration: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) On the Tuesday after the second Monday in January 1987 and every following year; |
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| 22 | 22 | | |
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| 23 | 23 | | (b) On the first Tuesday in the month immediately preceding the first primary election for members of Congress in the years when members of Congress are elected; |
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| 24 | 24 | | |
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| 25 | 25 | | (c) On the first Monday in the month immediately preceding the first primary election for state, state district legislative, county and county district offices in the years in which those offices are elected; and |
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| 26 | 26 | | |
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| 27 | 27 | | (d) On the second Monday of September preceding the general election or regular special election day in years in which a general election is not conducted. |
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| 28 | 28 | | |
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| 29 | 29 | | Except for the names of those voters who are duly qualified to vote in the election, no name shall be permitted to remain in the Statewide Elections Management System; however, no name shall be purged from the Statewide Elections Management System based on a change in the residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 and as provided in Section 23-15-152. Except as otherwise provided by Section 23-15-573, no person shall vote at any election whose name is not in the county voter roll electronically maintained by the Statewide Elections Management System. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. |
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| 30 | 30 | | |
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| 31 | 31 | | (2) Except as provided in this section, and subject to the following annual limitations, the election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section: |
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| 32 | 32 | | |
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| 33 | 33 | | (a) In counties having less than fifteen thousand (15,000) residents according to the latest federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 34 | 34 | | |
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| 35 | 35 | | (b) In counties having fifteen thousand (15,000) residents according to the latest federal decennial census but less than thirty thousand (30,000) residents according to the latest federal decennial census, not more than seventy-five (75) days per year, with no more than twenty-five (25) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 36 | 36 | | |
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| 37 | 37 | | (c) In counties having thirty thousand (30,000) residents according to the latest federal decennial census but less than seventy thousand (70,000) residents according to the latest federal decennial census, not more than one hundred (100) days per year, with no more than thirty-five (35) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year; |
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| 38 | 38 | | |
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| 39 | 39 | | (d) In counties having seventy thousand (70,000) residents according to the latest federal decennial census but less than ninety thousand (90,000) residents according to the latest federal decennial census, not more than one hundred twenty-five (125) days per year, with no more than forty-five (45) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 40 | 40 | | |
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| 41 | 41 | | (e) In counties having ninety thousand (90,000) residents according to the latest federal decennial census but less than one hundred seventy thousand (170,000) residents according to the latest federal decennial census, not more than one hundred fifty (150) days per year, with no more than fifty-five (55) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 42 | 42 | | |
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| 43 | 43 | | (f) In counties having one hundred seventy thousand (170,000) residents according to the latest federal decennial census but less than two hundred thousand (200,000) residents according to the latest federal decennial census, not more than one hundred seventy-five (175) days per year, with no more than sixty-five (65) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 44 | 44 | | |
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| 45 | 45 | | (g) In counties having two hundred thousand (200,000) residents according to the latest federal decennial census but less than two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census, not more than one hundred ninety (190) days per year, with no more than seventy-five (75) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year; |
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| 46 | 46 | | |
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| 47 | 47 | | (h) In counties having two hundred twenty-five thousand (225,000) residents according to the latest federal decennial census but less than two hundred fifty thousand (250,000) residents according to the latest federal decennial census, not more than two hundred fifteen (215) days per year, with no more than eighty-five (85) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 48 | 48 | | |
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| 49 | 49 | | (i) In counties having two hundred fifty thousand (250,000) residents according to the latest federal decennial census but less than two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census, not more than two hundred thirty (230) days per year, with no more than ninety-five (95) additional days allowed for the conduct of each election in excess of one (1) occurring in any calendar year; |
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| 50 | 50 | | |
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| 51 | 51 | | (j) In counties having two hundred seventy-five thousand (275,000) residents according to the latest federal decennial census or more, not more than two hundred forty (240) days per year, with no more than one hundred five (105) additional days allowed for the conduct of each election in excess of one (l) occurring in any calendar year. |
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| 52 | 52 | | |
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| 53 | 53 | | (3) In addition to the number of days authorized in subsection (2) of this section, the board of supervisors of a county may authorize, in its discretion, the election commissioners to receive a per diem in the amount provided for in subsection (2) of this section, to be paid from the county general fund, for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties in the conduct of an election or actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System as required in subsection (1) of this section, not to exceed five (5) days. |
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| 54 | 54 | | |
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| 55 | 55 | | (4) (a) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed ten (10) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System before any special election. For purposes of this paragraph, the regular special election day shall not be considered a special election. The annual limitations set forth in subsection (2) of this section shall not apply to this paragraph. |
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| 56 | 56 | | |
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| 57 | 57 | | (b) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Sixty-five Dollars ($165.00), to be paid from the county general fund, for the performance of their duties on the day of any primary, runoff, general or special election. The annual limitations set forth in subsection (2) of this section shall apply to this paragraph. |
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| 58 | 58 | | |
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| 59 | 59 | | (5) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed fourteen (14) days for every day or period of no less than five (5) hours accumulated over two (2) or more days actually employed in the performance of their duties for the necessary time spent in the revision of the county voter roll as electronically maintained by the Statewide Elections Management System and in the conduct of a runoff election following either a general or special election. |
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| 60 | 60 | | |
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| 61 | 61 | | (6) The election commissioners shall be entitled to receive only one (1) per diem payment for those days when the election commissioners discharge more than one (1) duty or responsibility on the same day. |
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| 62 | 62 | | |
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| 63 | 63 | | (7) The election commissioners shall be entitled to receive a per diem in the amount of One Hundred Ten Dollars ($110.00), to be paid from the county general fund, not to exceed five (5) days for every day or period of no less than five (5) hours accumulated over two (2) or more days for those days when the election commissioners shall be required to conduct an audit of an election as provided in Section 23-15-615. |
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| 64 | 64 | | |
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| 65 | 65 | | (8) In preparation for a municipal primary, runoff, general or special election, the county registrar shall generate and distribute the master voter roll and pollbooks from the Statewide Elections Management System for the municipality located within the county. The municipality shall pay the county registrar for the actual cost of preparing and printing the municipal master voter roll pollbooks. A municipality may secure "read only" access to the Statewide Elections Management System and print its own pollbooks using this information. |
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| 66 | 66 | | |
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| 67 | 67 | | (9) County election commissioners who perform the duties of an executive committee with regard to the conduct of a primary election under a written agreement authorized by law to be entered into with an executive committee shall receive per diem as provided for in subsection (2) of this section. The days that county election commissioners are employed in the conduct of a primary election shall be treated the same as days county election commissioners are employed in the conduct of other elections. |
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| 68 | 68 | | |
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| 69 | 69 | | (10) In addition to any per diem authorized by this section, any election commissioner shall be entitled to the mileage reimbursement rate allowable to federal employees for the use of a privately owned vehicle while on official travel on election day. |
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| 70 | 70 | | |
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| 71 | 71 | | (11) Every election commissioner shall sign personally a certification setting forth the number of hours actually worked in the performance of the commissioner's official duties and for which the commissioner seeks compensation. The certification must be on a form as prescribed in this subsection. The commissioner's signature is, as a matter of law, made under the commissioner's oath of office and under penalties of perjury. |
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| 72 | 72 | | |
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| 73 | 73 | | The certification form shall be as follows: |
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| 74 | 74 | | |
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| 75 | 75 | | COUNTY ELECTION COMMISSIONER |
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| 76 | 76 | | |
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| 77 | 77 | | PER DIEM CLAIM FORM |
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| 78 | 78 | | |
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| 79 | 79 | | NAME: ____________________________ COUNTY: _______________ |
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| 80 | 80 | | |
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| 81 | 81 | | ADDRESS: _________________________ DISTRICT: _____________ |
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| 82 | 82 | | |
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| 83 | 83 | | CITY: ______________ ZIP: ________ |
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| 84 | 84 | | |
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| 85 | 85 | | PURPOSE APPLICABLE ACTUAL PER DIEM |
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| 86 | 86 | | |
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| 87 | 87 | | DATE BEGINNING ENDING OF MS CODE HOURS DAYS |
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| 88 | 88 | | |
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| 89 | 89 | | WORKED TIME TIME WORK SECTION WORKED EARNED |
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| 90 | 90 | | |
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| 91 | 91 | | ________________________________________________________________ |
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| 92 | 92 | | |
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| 93 | 93 | | ________________________________________________________________ |
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| 94 | 94 | | |
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| 95 | 95 | | ________________________________________________________________ |
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| 96 | 96 | | |
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| 97 | 97 | | TOTAL NUMBER OF PER DIEM DAYS EARNED |
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| 98 | 98 | | |
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| 99 | 99 | | EXCLUDING ELECTION DAYS ________ |
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| 100 | 100 | | |
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| 101 | 101 | | PER DIEM RATE PER DAY EARNED X $110.00 |
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| 102 | 102 | | |
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| 103 | 103 | | TOTAL NUMBER PER DIEM DAYS EARNED |
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| 104 | 104 | | |
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| 105 | 105 | | FOR ELECTION DAYS ________ |
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| 106 | 106 | | |
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| 107 | 107 | | PER DIEM RATE PER DAY EARNED X $165.00 |
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| 108 | 108 | | |
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| 109 | 109 | | TOTAL AMOUNT OF PER DIEM CLAIMED $_______ |
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| 110 | 110 | | |
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| 111 | 111 | | I understand that I am signing this document under my oath as an election commissioner and under penalties of perjury. |
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| 112 | 112 | | |
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| 113 | 113 | | I understand that I am requesting payment from taxpayer funds and that I have an obligation to be specific and truthful as to the amount of hours worked and the compensation I am requesting. |
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| 114 | 114 | | |
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| 115 | 115 | | Signed this the _____ day of ______________, ____. |
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| 116 | 116 | | |
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| 117 | 117 | | ________________________ |
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| 118 | 118 | | |
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| 119 | 119 | | Commissioner's Signature |
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| 120 | 120 | | |
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| 121 | 121 | | When properly completed and signed, the certification must be filed with the clerk of the county board of supervisors before any payment may be made. The certification will be a public record available for inspection and reproduction immediately upon the oral or written request of any person. |
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| 122 | 122 | | |
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| 123 | 123 | | Any person may contest the accuracy of the certification in any respect by notifying the chair of the commission, any member of the board of supervisors or the clerk of the board of supervisors of the contest at any time before or after payment is made. If the contest is made before payment is made, no payment shall be made as to the contested certificate until the contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and the clerk of the board of supervisors shall issue subpoenas upon request of the contestor compelling the attendance of witnesses and production of documents and things. The contestor shall have the right to appeal de novo to the circuit court of the involved county, which appeal must be perfected within thirty (30) days from a final decision of the commission, the clerk of the board of supervisors or the board of supervisors, as the case may be. |
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| 124 | 124 | | |
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| 125 | 125 | | Any contestor who successfully contests any certification will be awarded all expenses incident to his or her contest, together with reasonable attorney's fees, which will be awarded upon petition to the chancery court of the involved county upon final disposition of the contest before the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an appeal, final disposition by the court. The commissioner against whom the contest is decided shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly and severally liable for same. |
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| 126 | 126 | | |
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| 127 | 127 | | (12) Any election commissioner who has not received a certificate issued by the Secretary of State pursuant to Section 23-15-211 indicating that the election commissioner has received the required elections seminar instruction and that the election commissioner is fully qualified to conduct an election, shall not receive any compensation authorized by this section or Section 23-15-239. |
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| 128 | 128 | | |
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| 129 | 129 | | SECTION 2. Section 23-15-152, Mississippi Code of 1972, is amended as follows: |
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| 130 | 130 | | |
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| 131 | 131 | | 23-15-152. (1) For the purposes of this section, "confirmation notice" means a notice sent by the election commissioners, by forwardable mail, with return postage prepaid, on a form prescribed by the Secretary of State, to a registered voter to confirm the registered voter's current address. The notice shall comply with all applicable requirements of the National Voter Registration Act of 1993. |
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| 132 | 132 | | |
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| 133 | 133 | | (2) The election commissioners shall send a confirmation notice to the following: |
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| 134 | 134 | | |
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| 135 | 135 | | (a) A registered voter if it appears from the United States Postal Service change-of-address information that the registered voter has moved to a different residence; |
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| 136 | 136 | | |
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| 137 | 137 | | (b) A registered voter if a county election commissioner or county registrar has received notice from another state, or political subdivision of another state, that the registered voter has registered to vote in another state; |
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| 138 | 138 | | |
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| 139 | 139 | | (c) A registered voter who has failed to vote at least once in any election or update his or her registration during a period that begins in the year of a presidential preference primary and extends until the next general election for President of the United States that does not occur in the same year as the beginning of the period; or |
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| 140 | 140 | | |
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| 141 | 141 | | (d) A registered voter if the registrar or election commissioners have received reliable information that he or she has moved within or outside of the state. Reliable information includes, but is not limited to: official mail returned as undeliverable by the county election commission, registrar or other county or municipal office, Secretary of State; application for homestead exemption filed by the voter at an address other than the address of current registration; or any information from another state or county entity indicating the voter no longer resides at the address of voter registration. |
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| 142 | 142 | | |
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| 143 | 143 | | No registered voter shall be sent a confirmation notice under paragraph (c) of this subsection if he or she has been sent a confirmation notice for those same reasons within the last six (6) years. |
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| 144 | 144 | | |
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| 145 | 145 | | (3) The county election commissioners shall place any registered voter who has been sent a confirmation notice on inactive status in the Statewide Elections Management System. Any registered voter who is placed on inactive status shall be unable to cast a regular ballot on election day but shall be able to cast an affidavit ballot as provided in Section 23-15-573. |
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| 146 | 146 | | |
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| 147 | 147 | | (4) A registered voter "fails to respond to the confirmation notice" if the voter, during a period beginning on the date the confirmation notice was sent and ending on the day after the date of the second general election for federal office that occurs after the date of the notice, fails to: |
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| 148 | 148 | | |
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| 149 | 149 | | (a) Respond to the confirmation notice; or |
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| 150 | 150 | | |
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| 151 | 151 | | (b) Update the elector's registration information. |
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| 152 | 152 | | |
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| 153 | 153 | | A registered voter who votes at least once in any election in the registered voter's county or municipality of registration during the period beginning from the date of the delivery of the confirmation notice provided in this subsection (4) or who is active or reserve military or who serves on jury duty or responds to a summons for jury duty shall not be purged from the Statewide Elections Management System. |
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| 154 | 154 | | |
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| 155 | 155 | | (5) The county registrar or county election commission shall move those registered voters who fail to respond to the confirmation notice as provided in subsection (4) of this section and who fail to vote as provided in subsection (4) of this section to purged status in the Statewide Elections Management System. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. |
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| 156 | 156 | | |
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| 157 | 157 | | (6) No systematic list maintenance shall occur during the ninety (90) days immediately preceding a federal primary or general election which is limited to moving a voter to inactive status in subsection (2) of this section or purged status in subsection (5) of this section. |
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| 158 | 158 | | |
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| 159 | 159 | | (7) The county registrar shall retain purged voter registration records after they are purged for a period that includes at least two (2) federal general elections and shall record the reason for the removal. |
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| 160 | 160 | | |
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| 161 | 161 | | SECTION 3. Section 23-15-125, Mississippi Code of 1972, is amended as follows: |
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| 162 | 162 | | |
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| 163 | 163 | | 23-15-125. The pollbook of each voting precinct shall designate the voting precinct for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows: date of registration; voter registration number; name of electors; date of birth; and a number of blank columns for the dates of elections. All qualified applicants who register with the registrar shall be entered in the Statewide Elections Management System. Only the names of those qualified applicants who register within thirty (30) days before an election shall appear on the pollbooks of the election; however, 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 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. When county election commissioners determine that any elector is disqualified from voting, by reason of death, conviction of a disenfranchising crime, removal from the jurisdiction, failure to comply with the provisions of Section 23-15-152, or other legal cause, that fact shall be noted in the Statewide Elections Management System and the voter's name shall be purged from the Statewide Elections Management System, the state's voter roll and the county's pollbooks. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. Nothing in this section shall preclude the use of electronic pollbooks. |
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| 164 | 164 | | |
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| 165 | 165 | | SECTION 4. Section 23-15-151, Mississippi Code of 1972, is amended as follows: |
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| 166 | 166 | | |
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| 167 | 167 | | 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 Section 241, Mississippi Constitution of 1890, or any crime interpreted as disenfranchising in later Attorney General opinions, shall also be entered into the Statewide Elections Management System on a quarterly basis. Voters who have been convicted in a Mississippi state court of any disenfranchising crime are not qualified electors as defined by Section 23-15-11 and shall be purged or otherwise removed by the county registrar or county election commissioners from the Statewide Elections Management System. The Secretary of State shall publish notice on his website each time a voter roll purge occurs and the date upon which it occurred. Such information shall remain on the Secretary of State's website for at least one (1) year after the purge. |
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| 168 | 168 | | |
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| 169 | 169 | | SECTION 5. This act shall take effect and be in force from and after July 1, 2025. |
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