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 19 - ABSENTEE BALLOTS (§§ 23-15-621 — 23-15-755) › Subarticle A - ABSENTEE BALLOTING PROCEDURES LAW (§§ 23-15-621 — 23-15-657) › Section 23-15-639 - Examination, processing and counting of all absentee ballots at the opening and closing of polls

(1)
The examination and counting of all absentee ballots shall be conducted as follows:
(a)
At the opening of the regular balloting and at the opening of the polls, the resolution board established under Section
23-15-523
and trained in the process of canvassing absentee ballots shall first take the envelopes containing the absentee ballots of such electors from the secure location at the registrar's office, and the name, address and precinct inscribed on each envelope shall be announced by the resolution board.
(b)
(i)
For absentee ballots that were received by mail, the signature on the application shall then be compared with the signature in the box on the back of the envelope. A portion of the elector's signature extending outside of the box shall not be grounds for rejecting that elector's ballot. If it corresponds and the affidavit, if one is required, is sufficient and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.
(ii)
For absentee ballots that were cast in person in the registrar's office, the resolution board shall confirm that the voter completed the application on the front of the envelope and signed the elector's certificate in the box on the back of the envelope. If it is signed and the resolution board finds that the applicant is a registered and qualified voter or otherwise qualified to vote, the envelope shall be opened and the absentee ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.
(c)
Having observed and found the ballot to be regular as far as can be observed from its official endorsement, the resolution board shall deposit it in the ballot box with the other ballots before counting any ballots and enter the voter's name in the receipt book provided for that purpose. All absentee ballots received prior to 7:00 p.m. the day before the election shall be counted in the registrar's office by the resolution board when the polls close and then added to the votes cast in each precinct. All absentee ballots received after 7:00 p.m. the day before the election but not later than the fifth business day after the election shall be processed by the resolution board.
(2)
The resolution board shall also take such action as may be prescribed by the Secretary of State to ensure compliance with the identification requirements of Section
23-15-563
.
(3)
The resolution board shall process the absentee ballots using the procedure provided in subsection (1) of this section.
Derived from 1972 Code § 23-9-417 [Codes, 1942, § 3203-403; Laws, 1972, ch. 490, § 403; repealed by Laws, 1986, ch. 495, § 341]; Laws, 1986, ch. 495, § 207; Laws, 1993, ch. 528, § 9; Laws, 2006, ch. 574, § 19; Laws, 2012, ch. 526, § 7, 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,§ 4, eff. 7/1/2024.
Amended by Laws, 2020, ch. 472, HB 1521,§ 13, eff. 7/8/2020.