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 17 - CONDUCT OF ELECTIONS (§§ 23-15-541 — 23-15-615) › Subarticle C - DETERMINING THE RESULTS OF ELECTIONS (§§ 23-15-591 — 23-15-615) › Section 23-15-615 - Secretary of State authorized to audit election procedures of 2023, 2024, 2026 and 2027 general elections; procedure

The Secretary of State shall be authorized to audit election procedures of the 2023, 2024, 2026 and 2027 general elections in the counties of this state. The conduction of an audit shall not create excessive interference with the general duties and responsibilities of the Secretary of State, county registrar, and county election commission.
(a)
The Secretary of State shall audit all eighty-two (82) counties by randomly selecting from each of the congressional districts during the 2023, 2024, 2026 and 2027 general elections, and randomly selecting no more than twenty-five percent (25%) of the total precincts or no more than five (5) precincts, whichever is less in each county. No county or precinct shall be selected for audit on the basis of race, geographical location or voting trends.
(i)
If the Secretary of State finds any issues that could affect the outcome of an election or cause voters to be disenfranchised, then the Secretary of State, in partnership with the local county election officials, shall develop a plan to correct those issues, which shall include additional training.
(ii)
The Secretary of State will have the discretion to randomly select the counties and precincts that will be audited, but must do so at least ninety (90) days before the election to be audited. No audit shall occur if the election is challenged as provided in Sections
23-15-927
,
23-15-951
or
23-15-955
. No audit shall occur until after a ballot box examination has occurred and the period to contest an election has expired, or if a runoff election occurs, the audit shall occur after the runoff election.
(b)
In conducting a procedural audit, the Secretary of State shall audit the following:
(i)
Procedures for testing of OMR equipment before counting ballots, including the ballots used for testing of OMR equipment, as required by Section
23-15-521
;
(ii)
Ballot accounting reports, seal logs, poll books, and receipt books as required to be kept by Section
23-15-519
;
(iii)
Absentee ballots, absentee ballot applications, and absentee ballot envelopes, along with the list provided to the resolution board, to ensure appropriate processing and counting of absentee ballots as required by Section
23-15-631
et seq.; and
(iv)
Affidavit ballots and affidavit ballot envelopes, including affidavit ballot receipt book to ensure compliance with appropriate processing and counting of affidavit ballots as required by Section
23-15-573
.
(c)
By January 20, 2027, the Secretary of State shall provide a recommendation to the Mississippi Legislature on whether the procedures to be audited in paragraph (b) should be expanded or reduced.
(d)
The Secretary of State shall develop a post-election audit manual which shall detail the policies and procedures for conducting post-election audits. The post-election audit manual shall not be altered less than ninety (90) days before an election in which the post-election audit manual shall be utilized in conducting a post-election audit.
(e)
No later than one hundred twenty (120) days after the election that the Secretary of State is auditing, the Secretary of State shall compile a report of the procedural audits conducted and shall submit the report to the Governor, Lieutenant Governor, Speaker of the House of Representatives and Chairmen of the Senate and House Election Committees. Prior to submitting the report, the Secretary of State shall allow the local county election officials to review the report and provide comments that will be submitted along with the report. The report shall first list all counties audited alphabetically with any major finding which may affect the outcome of the election and whether any voters were disenfranchised, then list out a detailed report of any major or minor findings, along with recommended changes to both county and Secretary of State practices.
Added by Laws, 2023, ch. 534, HB 1310,§ 1, eff. 1/1/2024.