§ 23-15-719. Mail or delivery of ballots to voters; affidavit; delivery to registrar | Statutes | Westlaw

§ 23-15-719. Mail or delivery of ballots to voters; affidavit; delivery to registrar | Statutes | Westlaw

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§ 23-15-719. Mail or delivery of ballots to voters; affidavit; delivery to registrar

MS ST § 23-15-719West’s Annotated Mississippi CodeTitle 23. ElectionsEffective: July 8, 2020 (Approx. 3 pages)

§ 23-15-719. Mail or delivery of ballots to voters; affidavit; delivery to registrar

MS ST § 23-15-719West’s Annotated Mississippi CodeTitle 23. ElectionsEffective: July 8, 2020 (Approx. 3 pages)

West's Annotated Mississippi Code
Title 23. Elections
Chapter 15. Mississippi Election Code (Refs & Annos)
Article 19. Absentee Ballots
Subarticle C. Absentee Voter Law (Refs & Annos)
Effective: July 8, 2020
Miss. Code Ann. § 23-15-719
§ 23-15-719. Mail or delivery of ballots to voters; affidavit; delivery 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 this article, as well as information to comply with Section 23-15-641(3) related to the status of the elector's ballot. The registrar shall identify the applicant by requiring him to present identification as required by Section 23-15-563, and shall then deliver the ballots to the applicant by mail or to the applicant in the registrar's office. The registrar shall not personally hand deliver ballots to voters. After the applicant has properly marked the ballot and properly folded it, he shall deposit it in the envelope furnished him by the registrar.
After the absentee voter has sealed the envelope, he or she shall subscribe and swear to an affidavit and mail the ballot to the address provided on the absentee ballot official envelope. 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 election managers 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)”
After the completion of the requirements of this section, the elector shall deliver the envelope containing the ballot to the registrar.
(2) If the voter has received assistance in marking his 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)”
(3) 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 ACROSS THE FLAP OF THIS ENVELOPE BY YOU AND AN ATTESTING WITNESS.

Credits

Laws 1986, Ch. 495, § 233, eff. January 1, 1987; Laws 1999, Ch. 420, § 5, eff. June 17, 1999. Amended by Laws 2008, Ch. 528, § 13, eff. August 7, 2008; Laws 2012, Ch. 526, § 8; Laws 2020, Ch. 472 (H.B. No. 1521), § 8, eff. from and after passage (approved July 8, 2020).
Miss. Code Ann. § 23-15-719, MS ST § 23-15-719
The Statutes and Constitution are current with laws from the 2024 Regular, First, and Second Extraordinary Sessions effective through May 9, 2024. Some statute sections may be more current, see credits for details. The statutes are subject to changes provided by the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.
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