Election crime; create for the willful failure to transmit a voter's ballot in certain situations.
Summary
HB 724 amends Mississippi’s election-crimes statute to create a specific offense for a person who assists an elector with voting and then willfully fails to transmit the ballot with the intent that it not be cast or counted. The bill is aimed at situations covered by Mississippi’s absentee or assisted-voting procedures, and it makes clear that intentional non-transmission of a ballot is punishable as a misdemeanor.
The measure also retains the existing prohibition on removing a ballot from a voting place before polls close, and it places the new offense in the same statutory section. The penalty for the new conduct is up to one year in county jail, a fine of up to $1,000, or both. The act is set to take effect July 1, 2025.
Impact
HB 724 changes Section 97-13-13 of the Mississippi Code by adding a new criminal penalty tied to ballot handling by individuals who assist voters under Section 23-15-907. In practical terms, it expands election-law enforcement to cover intentional failure to deliver a ballot after assisting an elector, thereby creating a deterrent against interference with ballot transmission and counting. The bill affects election workers, caregivers, helpers, and any other persons authorized to assist voters, as well as election administrators and prosecutors responsible for enforcing election integrity laws.
Sentiment
The voting history suggests broad support for the bill, with strong majorities in both chambers and only limited opposition. The House initially passed the bill 91-18, the Senate passed it unanimously 51-0 after amendment, and the House later concurred in the Senate amendment 109-3. Overall, the bill appears to have been viewed as a straightforward election-integrity measure rather than a highly divisive proposal.
Contention
The main point of contention is the scope of criminal liability for people who assist voters, especially where a ballot is not transmitted as required. Supporters likely view the bill as necessary to prevent intentional ballot suppression and protect election integrity, while opponents may worry about overcriminalization, ambiguity in proving intent, or the risk of penalizing mistakes by family members, caregivers, or other helpers. The narrow but real opposition in the House suggests some concern about how the new misdemeanor could be applied in practice.