Mississippi 2025 Regular Session

Mississippi Senate Bill SB2629 Compare Versions

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11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Elections By: Senator(s) Horhn Senate Bill 2629 AN ACT TO AUTHORIZE A QUALIFIED ELECTOR TO VOTE EARLY NOT MORE THAN 21 DAYS NOR LESS THAN FIVE DAYS BEFORE THE DATE OF AN ELECTION; TO PROVIDE THAT EARLY VOTING MAY BE CONDUCTED IN THE REGISTRAR'S OFFICE OR AT A LOCATION DESIGNATED BY THE REGISTRAR; TO REQUIRE A PERSON WHO DESIRES TO VOTE EARLY TO APPEAR AT THE REGISTRAR'S OFFICE AND TO PROVIDE THAT AFTER SIGNING THE RECEIPT BOOK SUCH PERSON SHALL BE ENTITLED TO VOTE AT THE REGISTRAR'S OFFICE OR AT THE LOCATION DESIGNATED BY THE REGISTRAR DURING THE EARLY VOTING PERIOD IN THE SAME MANNER AS HE OR SHE WOULD AT HIS OR HER VOTING PRECINCT ON THE DAY OF THE ELECTION; TO PROVIDE THAT THE ELECTION LAWS THAT GOVERN PROCEDURES FOR A PERSON WHO APPEARS TO VOTE ON THE DAY OF ELECTION SHALL APPLY WHEN A PERSON APPEARS TO VOTE DURING THE EARLY VOTING PERIOD; TO PROVIDE THAT ALL VOTES CAST DURING THE EARLY VOTING PERIOD SHALL BE FINAL; TO PROVIDE THAT THE VOTES CAST DURING EARLY VOTING SHALL BE ANNOUNCED SIMULTANEOUSLY WITH THE VOTES CAST ON ELECTION DAY; TO PROVIDE THAT EACH CANDIDATE SHALL HAVE THE RIGHT TO BE PRESENT AT THE REGISTRAR'S OFFICE AND TO CHALLENGE THE QUALIFICATIONS OF ANY PERSON OFFERING TO VOTE EARLY IN THE SAME MANNER AS PROVIDED BY LAW AT THE POLLING PLACE ON THE DAY OF THE ELECTION; TO REQUIRE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE EARLY VOTING; TO AMEND SECTIONS 23-15-195, 23-15-353 AND 23-15-653, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 23-15-627, 23-15-637, 23-15-713 AND 23-15-715, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VOTERS MAY NOT CAST ABSENTEE BALLOTS AT THE OFFICE OF THE REGISTRAR DURING THE EARLY VOTING PERIOD; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Sections 1 through 5 of this act shall be known and may be cited as the "Early Voting Act." SECTION 2. (1) A qualified elector may vote early not more than twenty-one (21) days nor less than five (5) days before the date of an election in the office of the registrar or at a location designated by the registrar of the county in which such elector is registered to vote during the times established for early voting in this section. (2) If only one (1) person has qualified for each office on the ballot, early voting shall not be conducted. (3) Early voting shall be conducted at the office of the registrar during the following times: (a) Weekdays from 8:00 a.m. until 5:00 p.m., except that the office of the registrar shall remain open until 7:00 p.m. the last two (2) days of the early voting period; and (b) One (1) Saturday during the early voting period from 8:00 a.m. until 4:00 p.m. (4) Notice of the early voting hours shall be given by the commissioners of election not less than twenty-five (25) days before the day of election by publication in a newspaper of general circulation in the county. If a state holiday occurs on any day in which early voting is allowed, the commissioners of election may authorize the closing of the office of the registrar or the designated location on such holiday by including a notice of such closure in the notice published pursuant to this subsection. SECTION 3. (1) A person who desires to vote early shall appear at the office of the registrar or the location authorized by the registrar for early voting. After signing the appropriate receipt book, the elector shall vote at the location in the same manner as he or she would at his or her voting precinct on the day of the election. Except as may be otherwise provided by Sections 1 through 5 of this act, the election laws that govern procedures for a person who appears to vote on the day of election shall apply when a person appears to vote during the early voting period. (2) All votes cast at an early voting location shall be final. (3) The votes cast during early voting shall be announced simultaneously with the vote cast on election day. SECTION 4. Each candidate or his or her representatives shall have the right to be present at the office of the registrar or designated location when it is open for early voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law at the polling place on election day. SECTION 5. The Secretary of State shall promulgate rules and regulations necessary to effectuate early voting. SECTION 6. Section 23-15-195, Mississippi Code of 1972, is amended as follows: 23-15-195. All elections by the people shall be by ballot * * *, and shall be concluded in one (1) day. SECTION 7. Section 23-15-353, Mississippi Code of 1972, is amended as follows: 23-15-353. (1) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he or she shall have printed and distributed a sufficient number of ballots for use in each precinct. (2) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the beginning of early voting, the number of ballots that the registrar desires for early voting. SECTION 8. Section 23-15-653, Mississippi Code of 1972, is amended as follows: 23-15-653. Except as otherwise provided in Section 2 of this act, all registrars' offices shall remain open until noon on the two (2) Saturdays prior to each election. SECTION 9. Section 23-15-627, Mississippi Code of 1972, is amended 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, and all days upon which early voting may be conducted, 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 10. 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) 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 day 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 the first day of the early voting period. 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 11. Section 23-15-713, Mississippi Code of 1972, is amended as follows: 23-15-713. For the purpose of this * * * subarticle chapter, any duly qualified elector may vote as provided in this * * * subarticle chapter if the elector falls within at least one (1) of the following categories: (a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his or her absence from the county of his or her voting residence on the * * * date of any primary, general or special election election day and all days upon which early voting may be conducted, or the spouse and dependents of that student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his or her voting residence, with * * * such the student, teacher or administrator. (b) Any qualified elector who is required to be away from his or her place of residence on any election day and all days upon which early voting may be conducted due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of * * * such the person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence. (c) Any qualified elector who is away from his or her county of residence for any reason on election day * * * for any reason and all days upon which early voting may be conducted. (d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others. (e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted. (f) Any person who is sixty-five (65) years of age or older. (g) Any member of the Mississippi congressional delegation absent from Mississippi on election day and all days upon which early voting may be conducted, and the spouse and dependents of * * * such the member of the congressional delegation. (h) Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day and all days upon which early voting may be conducted during the times when the polls will be open or any qualified elector who will be required to be on-call on election day during the times when the polls will be open. (i) Any qualified elector who is incarcerated in prison or jail in the county where he or she is registered to vote and has not been convicted of a disenfranchising crime. SECTION 12. Section 23-15-715, Mississippi Code of 1972, is amended as follows: 23-15-715. Any elector desiring an absentee ballot as provided in this * * * subarticle chapter may secure same if: (a) Not more than forty-five (45) days nor 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 the first day of the early voting period, he or she shall appear in person before the registrar of the county in which he or she resides, or for municipal elections he or she shall appear in person before the city clerk of the municipality in which he or she resides and, when the elector so appears, he or she shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot. If the absentee ballot has not been printed by forty-five (45) days preceding the election, the elector may appear and file an application anytime before the election. Then the absentee ballot shall be mailed by the registrar to the elector as soon as the ballot has been printed. (b) Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence and such parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence, and such parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted, may obtain absentee ballots by mail under the provisions of this * * * subsection paragraph and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required. (c) Except when the voter has requested a runoff ballot on the initial absentee ballot application, upon request for a runoff ballot pursuant to Section 23-15-719, the registrar shall mail together the absentee ballot application and the absentee ballot to the absent voter for the runoff election. SECTION 13. This act shall take effect and be in force from and after July 1, 2025.
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33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Elections
88
99 By: Senator(s) Horhn
1010
1111 # Senate Bill 2629
1212
1313 AN ACT TO AUTHORIZE A QUALIFIED ELECTOR TO VOTE EARLY NOT MORE THAN 21 DAYS NOR LESS THAN FIVE DAYS BEFORE THE DATE OF AN ELECTION; TO PROVIDE THAT EARLY VOTING MAY BE CONDUCTED IN THE REGISTRAR'S OFFICE OR AT A LOCATION DESIGNATED BY THE REGISTRAR; TO REQUIRE A PERSON WHO DESIRES TO VOTE EARLY TO APPEAR AT THE REGISTRAR'S OFFICE AND TO PROVIDE THAT AFTER SIGNING THE RECEIPT BOOK SUCH PERSON SHALL BE ENTITLED TO VOTE AT THE REGISTRAR'S OFFICE OR AT THE LOCATION DESIGNATED BY THE REGISTRAR DURING THE EARLY VOTING PERIOD IN THE SAME MANNER AS HE OR SHE WOULD AT HIS OR HER VOTING PRECINCT ON THE DAY OF THE ELECTION; TO PROVIDE THAT THE ELECTION LAWS THAT GOVERN PROCEDURES FOR A PERSON WHO APPEARS TO VOTE ON THE DAY OF ELECTION SHALL APPLY WHEN A PERSON APPEARS TO VOTE DURING THE EARLY VOTING PERIOD; TO PROVIDE THAT ALL VOTES CAST DURING THE EARLY VOTING PERIOD SHALL BE FINAL; TO PROVIDE THAT THE VOTES CAST DURING EARLY VOTING SHALL BE ANNOUNCED SIMULTANEOUSLY WITH THE VOTES CAST ON ELECTION DAY; TO PROVIDE THAT EACH CANDIDATE SHALL HAVE THE RIGHT TO BE PRESENT AT THE REGISTRAR'S OFFICE AND TO CHALLENGE THE QUALIFICATIONS OF ANY PERSON OFFERING TO VOTE EARLY IN THE SAME MANNER AS PROVIDED BY LAW AT THE POLLING PLACE ON THE DAY OF THE ELECTION; TO REQUIRE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE EARLY VOTING; TO AMEND SECTIONS 23-15-195, 23-15-353 AND 23-15-653, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 23-15-627, 23-15-637, 23-15-713 AND 23-15-715, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VOTERS MAY NOT CAST ABSENTEE BALLOTS AT THE OFFICE OF THE REGISTRAR DURING THE EARLY VOTING PERIOD; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. Sections 1 through 5 of this act shall be known and may be cited as the "Early Voting Act."
1818
1919 SECTION 2. (1) A qualified elector may vote early not more than twenty-one (21) days nor less than five (5) days before the date of an election in the office of the registrar or at a location designated by the registrar of the county in which such elector is registered to vote during the times established for early voting in this section.
2020
2121 (2) If only one (1) person has qualified for each office on the ballot, early voting shall not be conducted.
2222
2323 (3) Early voting shall be conducted at the office of the registrar during the following times:
2424
2525 (a) Weekdays from 8:00 a.m. until 5:00 p.m., except that the office of the registrar shall remain open until 7:00 p.m. the last two (2) days of the early voting period; and
2626
2727 (b) One (1) Saturday during the early voting period from 8:00 a.m. until 4:00 p.m.
2828
2929 (4) Notice of the early voting hours shall be given by the commissioners of election not less than twenty-five (25) days before the day of election by publication in a newspaper of general circulation in the county. If a state holiday occurs on any day in which early voting is allowed, the commissioners of election may authorize the closing of the office of the registrar or the designated location on such holiday by including a notice of such closure in the notice published pursuant to this subsection.
3030
3131 SECTION 3. (1) A person who desires to vote early shall appear at the office of the registrar or the location authorized by the registrar for early voting. After signing the appropriate receipt book, the elector shall vote at the location in the same manner as he or she would at his or her voting precinct on the day of the election. Except as may be otherwise provided by Sections 1 through 5 of this act, the election laws that govern procedures for a person who appears to vote on the day of election shall apply when a person appears to vote during the early voting period.
3232
3333 (2) All votes cast at an early voting location shall be final.
3434
3535 (3) The votes cast during early voting shall be announced simultaneously with the vote cast on election day.
3636
3737 SECTION 4. Each candidate or his or her representatives shall have the right to be present at the office of the registrar or designated location when it is open for early voting and to challenge the qualifications of any person offering to vote in the same manner as provided by law at the polling place on election day.
3838
3939 SECTION 5. The Secretary of State shall promulgate rules and regulations necessary to effectuate early voting.
4040
4141 SECTION 6. Section 23-15-195, Mississippi Code of 1972, is amended as follows:
4242
4343 23-15-195. All elections by the people shall be by ballot * * *, and shall be concluded in one (1) day.
4444
4545 SECTION 7. Section 23-15-353, Mississippi Code of 1972, is amended as follows:
4646
4747 23-15-353. (1) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the day of election, the number of registered voters in each voting precinct; and he or she shall have printed and distributed a sufficient number of ballots for use in each precinct.
4848
4949 (2) The officer charged with printing and distributing the official ballot shall ascertain from the registrar, at least ten (10) days before the beginning of early voting, the number of ballots that the registrar desires for early voting.
5050
5151 SECTION 8. Section 23-15-653, Mississippi Code of 1972, is amended as follows:
5252
5353 23-15-653. Except as otherwise provided in Section 2 of this act, all registrars' offices shall remain open until noon on the two (2) Saturdays prior to each election.
5454
5555 SECTION 9. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
5656
5757 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.
5858
5959 (2) Such application shall be substantially in the following form for applications mailed to absentee electors:
6060
6161 "OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
6262
6363 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, and all days upon which early voting may be conducted, or unable to vote in person because (check appropriate reason):
6464
6565 ( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
6666
6767 ( ) 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.
6868
6969 ( ) 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.
7070
7171 ( ) 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.
7272
7373 ( ) 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.
7474
7575 ( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
7676
7777 ( ) 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.
7878
7979 ( ) I will be outside the county on election day.
8080
8181 ( ) I have a temporary or permanent physical disability.
8282
8383 ( ) I am sixty-five (65) years of age or older.
8484
8585 ( ) 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.
8686
8787 ( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
8888
8989 ( ) 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.
9090
9191 ( ) 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.
9292
9393 I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
9494
9595 Mail 'Absent Elector's Ballot' to me at the following address ____________.
9696
9797 ( ) I wish to receive an absentee ballot for the runoff election ___________________________________________.
9898
9999 Notify me of a problem with my 'Absent Elector's Ballot' at the following:
100100
101101 Phone number: _____________________________
102102
103103 Email address: ____________________________
104104
105105 Mailing address: __________________________
106106
107107 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.)
108108
109109 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.
110110
111111 DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
112112
113113 IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
114114
115115 _________________________________
116116
117117 (Signature of absent elector)
118118
119119 SWORN TO AND SUBSCRIBED before me this the ____ day of _____, 2___.
120120
121121 _________________________________
122122
123123 (Official authorized to administer oaths
124124
125125 for absentee balloting.)
126126
127127 TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
128128
129129 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___.
130130
131131 _________________________________
132132
133133 (Signature of witness)
134134
135135 CERTIFICATE OF DELIVERY
136136
137137 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.
138138
139139 __________________________________________
140140
141141 (Signature of person delivering application)
142142
143143 __________________________________________
144144
145145 (Address of person delivering application)"
146146
147147 (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:
148148
149149 "OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
150150
151151 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):
152152
153153 ( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
154154
155155 ( ) 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.
156156
157157 ( ) 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.
158158
159159 ( ) 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.
160160
161161 ( ) 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.
162162
163163 ( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
164164
165165 ( ) 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.
166166
167167 ( ) I will be outside the county on election day.
168168
169169 ( ) I have a temporary or permanent physical disability.
170170
171171 ( ) I am sixty-five (65) years of age or older.
172172
173173 ( ) 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.
174174
175175 ( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
176176
177177 ( ) 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.
178178
179179 ( ) 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.
180180
181181 I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
182182
183183 Notify me of a problem with my 'Absent Elector's Ballot' at the following:
184184
185185 Phone number: _____________________________
186186
187187 Email address: ____________________________
188188
189189 Mailing address: __________________________
190190
191191 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.)"
192192
193193 SECTION 10. Section 23-15-637, Mississippi Code of 1972, is amended as follows:
194194
195195 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.
196196
197197 (b) 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 day 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 the first day of the early voting period. 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.
198198
199199 (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.
200200
201201 (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.
202202
203203 SECTION 11. Section 23-15-713, Mississippi Code of 1972, is amended as follows:
204204
205205 23-15-713. For the purpose of this * * * subarticle chapter, any duly qualified elector may vote as provided in this * * * subarticle chapter if the elector falls within at least one (1) of the following categories:
206206
207207 (a) Any qualified elector who is a bona fide student, teacher or administrator at any college, university, junior college, high, junior high, or elementary grade school whose studies or employment at such institution necessitates his or her absence from the county of his or her voting residence on the * * * date of any primary, general or special election election day and all days upon which early voting may be conducted, or the spouse and dependents of that student, teacher or administrator if such spouse or dependent(s) maintain a common domicile, outside of the county of his or her voting residence, with * * * such the student, teacher or administrator.
208208
209209 (b) Any qualified elector who is required to be away from his or her place of residence on any election day and all days upon which early voting may be conducted due to his or her employment as an employee of a member of the Mississippi congressional delegation and the spouse and dependents of * * * such the person if he or she shall be residing with such absentee voter away from the county of the spouse's voting residence.
210210
211211 (c) Any qualified elector who is away from his or her county of residence for any reason on election day * * * for any reason and all days upon which early voting may be conducted.
212212
213213 (d) Any person who has a temporary or permanent physical disability and who, because of such disability, is unable to vote in person without substantial hardship to himself, herself or others, or whose attendance at the voting place could reasonably cause danger to himself, herself or others.
214214
215215 (e) The parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside of his or her county of residence or more than fifty (50) miles distant from his or her residence, if the parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted.
216216
217217 (f) Any person who is sixty-five (65) years of age or older.
218218
219219 (g) Any member of the Mississippi congressional delegation absent from Mississippi on election day and all days upon which early voting may be conducted, and the spouse and dependents of * * * such the member of the congressional delegation.
220220
221221 (h) Any qualified elector who will be unable to vote in person because he or she is required to be at work on election day and all days upon which early voting may be conducted during the times when the polls will be open or any qualified elector who will be required to be on-call on election day during the times when the polls will be open.
222222
223223 (i) Any qualified elector who is incarcerated in prison or jail in the county where he or she is registered to vote and has not been convicted of a disenfranchising crime.
224224
225225 SECTION 12. Section 23-15-715, Mississippi Code of 1972, is amended as follows:
226226
227227 23-15-715. Any elector desiring an absentee ballot as provided in this * * * subarticle chapter may secure same if:
228228
229229 (a) Not more than forty-five (45) days nor 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 the first day of the early voting period, he or she shall appear in person before the registrar of the county in which he or she resides, or for municipal elections he or she shall appear in person before the city clerk of the municipality in which he or she resides and, when the elector so appears, he or she shall execute and file an application as provided in Section 23-15-627 and vote by absentee ballot. If the absentee ballot has not been printed by forty-five (45) days preceding the election, the elector may appear and file an application anytime before the election. Then the absentee ballot shall be mailed by the registrar to the elector as soon as the ballot has been printed.
230230
231231 (b) Within forty-five (45) days next prior to any election, any elector who cannot comply with paragraph (a) of this section by reason of temporarily residing outside the county, or any person who has a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence and such parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence, persons having a temporary or permanent physical disability, persons who are sixty-five (65) years of age or older, any person who is incarcerated in prison or jail in the county where the person is registered to vote and has not been convicted of a disenfranchising crime, or any person who is the parent, spouse or dependent of a temporarily or permanently physically disabled person who is hospitalized outside of his or her county of residence or more than fifty (50) miles away from his or her residence, and such parent, spouse or dependent will be with such person on election day and all days upon which early voting may be conducted, may obtain absentee ballots by mail under the provisions of this * * * subsection paragraph and as provided by Section 23-15-713. Applications of persons temporarily residing outside the county shall be sworn to and subscribed before an official who is authorized to administer oaths or other official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as required by this chapter. The applications of persons having a temporary or permanent physical disability shall not be required to be accompanied by an affidavit but shall be witnessed and signed by a person eighteen (18) years of age or older. The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four (24) hours, or as soon thereafter as the ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.
232232
233233 (c) Except when the voter has requested a runoff ballot on the initial absentee ballot application, upon request for a runoff ballot pursuant to Section 23-15-719, the registrar shall mail together the absentee ballot application and the absentee ballot to the absent voter for the runoff election.
234234
235235 SECTION 13. This act shall take effect and be in force from and after July 1, 2025.