AN ACT TO AMEND SECTION 23-15-637, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL ABSENTEE BALLOTS CAST IN PERSON AT THE OFFICE OF THE REGISTRAR TO BE CAST USING THE OPTICAL MARK READING (OMR) EQUIPMENT; TO REQUIRE THE OMR EQUIPMENT TO BE SEALED AT NIGHT; TO REQUIRE THE USE OF PAPER BALLOTS IF THE OMR EQUIPMENT BECOMES INOPERABLE; TO AMEND SECTION 23-15-659, MISSISSIPPI CODE OF 1972, TO REVISE HOW THE ABSENTEE BALLOT APPLICATIONS AND ELECTOR'S CERTIFICATES ARE PRINTED FOR ALL ABSENTEE BALLOTS THAT ARE CAST IN PERSON AT THE OFFICE OF THE REGISTRAR; TO PRESCRIBE THE FORM FOR THE ELECTOR'S CERTIFICATE FOR AN IN-PERSON ABSENTEE BALLOT APPLICATION; TO AMEND SECTIONS 23-15-639 AND 23-15-645, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 23-15-627, MISSISSIPPI CODE OF 1972, TO REVISE THE FORM OF THE ABSENTEE BALLOT APPLICATION; TO AMEND SECTION 23-15-633, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 23-15-625, MISSISSIPPI CODE OF 1972, TO REQUIRE THE REGISTRAR TO CONSPICUOUSLY POST A LIST OF THOSE PERSONS VOTING IN-PERSON AT THE END OF VOTING EACH DAY; TO AMEND SECTION 23-15-715, MISSISSIPPI CODE OF 1972, TO REQUIRE ELECTORS VOTING BY ABSENTEE BALLOT IN-PERSON TO FEED THEIR BALLOTS INTO THE OMR EQUIPMENT; TO AMEND SECTION 23-15-719, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTIONS 23-15-507 AND 23-15-515, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS RELATING TO OMR EQUIPMENT; TO AMEND SECTION 23-15-517, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL BALLOTS TO BE PROCESSED ON THE NIGHT OF AN ELECTION AND REPORTED TO THE TABULATION CENTER BEFORE THE BALLOT BOX IS SEALED; TO BRING FORWARD SECTION 23-15-523, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-525, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 23-15-505, 23-15-511, 23-15-513, 23-15-519, 23-15-521 AND 23-15-581, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-591, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 23-15-595, MISSISSIPPI CODE OF 1972, TO REQUIRE THE TABULATING OF ALL RETURNS AND THE COUNTING OF ALL BALLOTS TO BE FINISHED ON THE NIGHT OF THE ELECTION; TO AMEND SECTION 23-15-571, MISSISSIPPI CODE OF 1972, TO INCLUDE THE REGISTRAR IN THE LIST OF PERSONS AUTHORIZED TO CHALLENGE THE QUALIFICATIONS OF PERSONS OFFERING TO VOTE; TO AMEND SECTION 23-15-577, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CANDIDATES TO HAVE POLL WATCHERS PRESENT AT THE LOCATION OF THE ELECTION; TO AMEND SECTION 23-15-579, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPROPRIATE ELECTION OFFICIALS TO CONSIDER VOTES THAT ARE CHALLENGED; TO DIRECT THE SECRETARY OF STATE TO REQUIRE THE OFFICE OF THE CIRCUIT CLERK TO CAUSE A DAILY REPORT TABULATING THE TOTAL NUMBER OF IN-PERSON ABSENTEE BALLOTS CAST THAT DAY TO BE PRINTED BY THE OMR EQUIPMENT AT THE CLOSE OF BUSINESS AND MADE AVAILABLE TO THE PUBLIC; AND FOR RELATED PURPOSES.
The bill modifies existing sections of the Mississippi Code of 1972, particularly those pertaining to absentee ballot procedures. Notably, it revises how absentee ballot applications and elector's certificates are printed, consolidating these elements into a single form for better efficiency. Additionally, it addresses the challenges that can arise during the voting process, ensuring that appropriate measures are in place to handle situations where votes are contested or challenged. The legislation marks a significant shift towards digitizing the voting process while still maintaining traditional methods for instance when OMR technology fails.
House Bill 859 aims to overhaul the absentee voting process in Mississippi by mandating the use of Optical Mark Reading (OMR) equipment for all absentee ballots cast in person at the registrar's office. The proposed law establishes stringent security measures, including the requirement to seal OMR equipment at night and to use paper ballots if the OMR equipment becomes inoperable. This is intended to enhance the integrity and reliability of the absentee voting process, ensuring that all votes are counted accurately and safeguarded against potential tampering.
The sentiment around HB 859 is largely supportive among legislators who see the need for improved voting security and efficiency. However, there are concerns raised by some groups regarding the potential for disenfranchisement of voters who may not be familiar with or have access to the required technology. The overarching sentiment is that while the bill aims to protect election integrity, it must also consider the accessibility of the voting process for all constituents. As a result, the discussions surrounding the bill have sparked debates on the balance between technology and traditional voting methods.
A focal point of contention is the process for adopting OMR technology and the associated training for election officials and voters. Critics argue that the transition to high-tech voting may pose challenges for less technologically savvy voters and could lead to issues if the equipment malfunctions. Furthermore, there are concerns about the challenges surrounding voter qualifications during absentee voting, including how challenges are handled and the potential for misuse of the new measures to suppress votes. These points have led to debates on whether additional provisions are needed to ensure voters' rights are adequately protected under the new regulations.