Miss. Code § 23-15-719

Current through the 2024 Regular Session

Section 23-15-719 - Delivery of ballots to applicant; completion of ballots; affidavit; delivery of ballots to registrar

(1) Except where the registrar has already mailed a ballot with an application, upon receipt of a properly completed application form by an elector qualified to vote absentee as provided in this article, the registrar shall mail the absent voter an absentee ballot within one (1) business day, or as soon as the absentee ballot is prepared and available, containing the names of all the candidates and propositions, if any, to be voted on in the election. The registrar shall include with the absentee ballot an official envelope that complies with the provisions of Section 23-15-635, as well as information to comply with Section 23-15-641(3) related to the status of the elector's ballot.

(2) When an absentee voter appears before the registrar to vote, the registrar shall identify the applicant by requiring him or her to present identification as required by Section 23-15-563, and shall then deliver the ballot to the applicant in the registrar's office. After the applicant has properly marked the ballot and properly folded it, he or she shall deposit it in the envelope furnished to him or her by the registrar.

After the absentee voter has sealed the envelope, he or she shall ensure the absentee application on the front of the envelope is complete and shall subscribe and swear to an affidavit . The affidavit shall be in the following form, which shall be printed on the back of the envelope containing the applicant's ballot:

"STATE OF MISSISSIPPI

COUNTY OF ___________

I, __________, do solemnly swear that this envelope contains the ballot marked by me indicating my choice of the candidates or propositions to be submitted at the election to be held on the ___ day of __________, 2___, and I hereby authorize the registrar to place this envelope in the ballot box on my behalf, and I further authorize the resolution board to open this envelope and place my ballot among the other ballots cast before such ballots are counted, and record my name on the poll list as if I were present in person and voted.

I further swear that I marked the enclosed ballot in secret.

_______________________

(Signature of voter)

SWORN TO AND SUBSCRIBED before me, __________, this the ___ day of __________, 2___.

(Registrar) _______________________

(Registrar)"

After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.

(3) If the voter has received assistance in marking his or her ballot, the person providing the assistance shall complete the following form which shall be printed on the back of the envelope containing the applicant's ballot:

"CERTIFICATE OF PERSON PROVIDING VOTER ASSISTANCE

(To be completed only if the voter has received assistance in marking the enclosed ballot.) I hereby certify that the above-named voter declared to me that he or she is blind, temporarily or permanently physically disabled, or cannot read or write, and that the voter requested that I assist the voter in marking the enclosed absentee ballot. I hereby certify that the ballot preferences on the enclosed ballot are those communicated by the voter to me, and that I have marked the enclosed ballot in accordance with the voter's instructions.

___________________________________________

Signature of person providing assistance

___________________________________________

Printed name of person providing assistance

___________________________________________

Address of person providing assistance

___________________________________________

Date and time assistance provided

___________________________________________

Family relationship to voter (if any)"

(4)The envelope used pursuant to this section shall not contain the form prescribed by Section 23-15-635 and shall have printed on the flap on the back of the envelope in bold print and in a distinguishing color, the following: "YOUR VOTE WILL BE REJECTED AND NOT COUNTED IF THIS ENVELOPE IS NOT SIGNED "BY YOU AND AN ATTESTING WITNESS IN THE BOXES ACROSS THE FLAP OF THIS ENVELOPE .

A portion of the voter's signature extending outside of the box shall not be grounds for rejecting that voter's ballot.

(5) The registrar shall not personally hand deliver ballots to voters, except to those who personally appear in the registrar's office to absentee vote.

Miss. Code § 23-15-719

Derived from 1972 Code § 23-9-611 [Codes, 1942, § 3203-306; Laws, 1972, ch. 490, § 306; repealed by Laws, 1986, ch. 495, § 343]; Laws, 1986, ch. 495, § 233; Laws, 1999, ch. 420, § 5; Laws, 2008, ch. 528, § 13; Laws, 2012, ch. 526, § 8, eff. 8/5/2013 (the date of the United States Attorney General's response to the submission of this section under Section 5 of the Voting Rights Act of 1965).

Amended by Laws, 2024, ch. 536, HB 1406,§ 7, eff. 7/1/2024.

Amended by Laws, 2020, ch. 472, HB 1521,§ 8, eff. 7/8/2020.