Mississippi Code 1972 (2023) › Title 23 - ELECTIONS (§§ 23-NEW-NEW-001 — 23-17-61) › Chapter 15 - MISSISSIPPI ELECTION CODE (§§ 23-15-NEW — 23-15-1111) › Article 7 - ELECTION OFFICIALS (§§ 23-15-211 — 23-15-273) › Section 23-15-267 - Primary election ballot boxes; penalty for failure to deliver ballot boxes

(1)
The ballot boxes provided by the election commissioners in each county shall be used in primary elections, and the county executive committees shall distribute them to the voting precincts of the county before the time for opening the polls, in the same manner, as near as may be, as that provided for in general elections.
(2)
The boxes shall be securely sealed and locked beginning at the start of voting on election day until the end of voting on election day; and the box shall be kept by one (1) of the poll managers, and the poll manager having the box shall carefully keep it, and neither open it himself or herself nor permit it to be done, nor permit any person to have any access to it throughout voting during election day. The box shall not be removed from the polling place after the polls are open until the polls close and the count is completed.
(3)
After each election, the ballot boxes shall be delivered to the clerk of the circuit court of the county for preservation; and he or she shall keep them for future use, and, when called for, deliver them to the election commissioners.
(4)
(a)
If it is eligible under Section
23-15-266
, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
(b)
If it is eligible under Section
23-15-266
, the municipal executive committee may enter into a written agreement with the municipal clerk or the municipal election commission authorizing the municipal clerk or the municipal election commission to perform any of the duties required of the municipal executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the municipal executive committee and the municipal clerk or the chair of the municipal election commission, as appropriate. The municipal executive committee shall notify the State Executive Committee and the Secretary of State of the existence of such agreement.
(5)
The person, or persons, whose duty it is to comply with the provisions of this section and who shall fail, or neglect, from any cause, to deliver the boxes or any of them as herein provided shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and be imprisoned in the county jail of the residence of the person, or persons, who violates any of the provisions of this section, for a period of not less than thirty (30) days or more than six (6) months, and fined not more than Five Hundred Dollars ($500.00).
Derived from 1942 Code § 3126 [Codes, 1906, § 3712; Hemingway's 1917, § 6404; 1930, § 5884; Laws, 1910, ch. 208; repealed, Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 82; Laws, 2001, ch. 523, § 4, eff. 6/20/2001 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Amended by Laws, 2017, ch. 441, HB 467, 64, eff. 7/1/2017.