reglab/statecodes huggingface dataset:
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-543 - Receipt booklet to be kept in polling place, except during adjournment, until enclosed in ballot box

The receipt booklet, mentioned in Section
23-15-541
, shall not be taken out of the polling place at any time until finally enclosed in the ballot box, except in case of any adjournment, when the receipt book shall be sealed in the ballot box.
Derived from 1972 Code § 23-3-15 [Codes, 1942, § 3165; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 171, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 109, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-545 - Entries in pollbook

At each election, at least one (1) poll manager shall be charged with writing in the pollbook the word "VOTED," in the column having at its head the date of the election, opposite the name of each elector upon return of a marked paper ballot by the elector with the initials of the initialing poll manager or alternate initialing poll manager affixed thereon. When a DRE unit is used in the polling place, the word "VOTED" shall be marked by at least one (1) poll manager in the pollbook in the column having at its head the date of the election, opposite the name of the elector.
Derived from 1972 Code § 23-5-149 [Codes, 1892, § 3609; 1906, § 4115; Hemingway's 1917, § 6749; 1930, § 6239; 1942, § 3268; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 172, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 178, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-547 - Electronic capture of voters' signatures; paper version may be generated after polls close

Instead of placing the signatures of voters in a paper receipt book, the signatures of voters may be electronically captured in the polling place and a paper version of the signatures of voters may be generated after the close of the polling place, which shall be sealed in the ballot box.
Derived from 1972 Code § 23-5-153 [Codes, 1892, § 3649; 1906, § 4156; Hemingway's 1917, § 6790; 1930, § 6241; 1942, § 3270; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 173, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 110, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-549 - Assistance to voter

Any voter who declares to the poll managers of the election that he or she requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice, except that voter assistance shall not be provided by a candidate whose name is on the ballot, or by a spouse, parent, sibling or child of a candidate whose name is on the ballot, or by a poll watcher who is observing the polling place on election day, or the voter's employer, or agent of that employer, or officer or agent of the voter's union; however, a candidate for public office or the spouse, parent or child of a candidate may provide assistance upon request of any voter who is related within the first degree.
Derived from 1972 Code § 23-5-157 [Codes, 1892, § 3666; 1906, § 4173; Hemingway's 1917, § 6807; 1930, § 6243; 1942, § 3272; Laws, 1928, ch. 196; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 174, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 179, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-551 - Marking and casting ballot; who may be present in polling room

On receiving his or her ballot, the voter shall go without undue delay into one (1) of the voting compartments and shall there prepare his or her ballot by marking with ink or indelible pencil on the appropriate margin or place a cross (X) opposite the name of the candidate of his or her choice for each office or by writing in the name of a candidate in the blank space provided, and marking a cross (X) opposite thereto, and likewise a cross (X) opposite the answer he or she desires to give in case of an election on a constitutional amendment, local option election, referenda or any other question or matter. As an alternative method, a voter may, at his or her option, prepare a ballot by marking with ink or indelible pencil in the appropriate margin or place a check, in the form of and similar to a "V", opposite the name of the candidate of his or her choice for each office or by writing in the name of a candidate in the blank space provided and marking a check in the form of and similar to a "V", opposite thereto, and likewise a check, in the form of and similar to a "V", opposite the answer he or she desires to give in case of an election on a constitutional amendment, local option election, referenda or other question or matter, either of which methods of marking, whether by a cross (X) or by a check in the form of and similar to a "V", is authorized. Before leaving the voting compartment, the voter shall fold his or her ballot without displaying its markings, but so that the words "OFFICIAL BALLOT," followed by the designation of the voting precinct and the date of the election, shall be visible to the poll managers, then deposit his or her ballot directly into the ballot box. This shall be done without undue delay, and as soon as the voter has voted he or she shall promptly exit the polling place. A voter shall not be allowed to occupy a voting compartment already occupied by another voter, nor any compartment longer than ten (10) minutes, if other voters are not waiting, nor longer than five (5) minutes if other voters are waiting. A person shall not be allowed in the room in which the ballot boxes, compartments, tables and shelves are, except the officers of the election, and those appointed by them to assist therein, and those authorized by Section
23-15-577
.
Derived from 1972 Code § 23-5-151 [Codes, 1892, § 3664; 1906, § 4171; Hemingway's 1917, § 6805; 1930, § 6240; 1942, § 3269; Laws, 1948, ch. 306; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 175, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 111, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-553 - Ballots not to be removed before close of polls; procedure regarding spoiled ballots when polls close

A person shall not take or remove any ballot from the polling place before the close of the polls. If any voter spoils a ballot he or she may obtain others, one (1) at a time, not exceeding three (3) in all, upon returning each spoiled ballot. The word "SPOILED" shall be written across the face of the ballot and each ballot shall be deposited into the sealed ballot box. When the polls have closed upon the casting of the last ballot or 7:00 p.m., whichever is later, and the poll managers break the seal on the ballot box to begin closing procedures, those ballots marked as "SPOILED" shall be bundled together and placed in a separate strong envelope provided for spoiled ballots. The envelope containing all spoiled ballots shall be sealed in the ballot box once the poll managers have completed the closing procedures and returned the materials to the officials in charge of the election.
Derived from 1972 Code § 23-5-155 [Codes, 1892, § 3665; 1906, § 4172; Hemingway's 1917, § 6806; 1930, § 6242; 1942, § 3271; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 176, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 112, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-555 - [Repealed]

Derived from 1972 Code § 23-5-159 [Codes, 1892, § 3668; 1906, § 4175; Hemingway's 1917, § 6809; 1930, § 6245; 1942, § 3274; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 177, eff. 1/1/1987.
Repealed by Laws, 2016, ch. 430, HB 866, 22, eff. 1/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-557 - Municipality's authority to establish precincts and polling places

The governing authorities of any municipality within the State of Mississippi are hereby authorized and empowered, in their discretion, to divide the municipality into a sufficient number of voting precincts of such size and location as is necessary, and there shall be the same number of polling places. The authority conducting an election shall not be required, however, to establish a polling place in each of said precincts, but such election authorities, whether in a primary or in a general election, may locate and establish such polling places, without regard to precinct lines, in such manner as in the discretion of such authority will better accommodate the electorate and better facilitate the holding of the election.
Derived from 1972 Code § 21-11-21 [Codes, 1942, § 3374-69.7; Laws, 1958, ch. 516; repealed by Laws, 1986, ch 495, § 329]; Laws, 1986, ch. 495, § 178, eff. 1/1/1987.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-559 - [Repealed]

Derived from 1972 Code § 21-11-23 [Codes, 1942, §§ 3374-68, 3374-11; Laws, 1950, ch. 491, §§ 68, 111; repealed by Laws, 1986, ch. 495, § 329]; Laws, 1986, ch. 495, § 179, eff. 1/1/1987.
Repealed by Laws, 2017, ch. 441, HB 467, 200, eff. 7/1/2017.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-561 - Penalties for unlawful lottery

(1)
It shall be unlawful during any primary or any other election for any candidate for any elective office or any representative of such candidate or any other person to publicly or privately put up or in any way offer any prize, cash award or other item of value to be raffled, drawn for, played for or contested for in order to encourage persons to vote or to refrain from voting in any election.
(2)
Any person who shall violate the provisions of subsection (1) of this section shall, upon conviction thereof, be punished by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00).
(3)
Any candidate who shall violate the provisions of subsection (1) of this section shall, upon conviction thereof, in addition to the fine prescribed above, be punished by:
(a)
Disqualification as a candidate in the race for the elective office; or
(b)
Removal from the elective office, if the offender has been elected thereto.
Laws, 1986, ch. 495, § 180, eff. 1/1/1987.
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 A - GENERAL PROVISIONS (§§ 23-15-541 — 23-15-563) › Section 23-15-563 - Qualified elector required to provide identification before voting; kinds of identification; voting by affidavit ballot

(1)
Each person who appears to vote in person at a polling place or the registrar's office shall be required to identify himself or herself to a poll manager or the registrar by presenting current and valid photo identification before such person shall be allowed to vote.
(2)
The identification required by subsection (1) of this section shall include, but not be limited to, the following:
(a)
A valid Mississippi driver's license;
(b)
A valid identification card issued by a branch, department, agency or entity of the State of Mississippi;
(c)
A valid United States passport;
(d)
A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency or entity of the United States government, the State of Mississippi, or any county, municipality, board, authority or other entity of this state;
(e)
A current and valid Mississippi license to carry a pistol or revolver;
(f)
A valid tribal identification card containing a photograph of the elector;
(g)
A valid United States military identification card;
(h)
A current and valid student identification card, containing a photograph of the elector, issued by any accredited college, university or community or junior college in the State of Mississippi; and
(i)
An official Mississippi voter identification card containing a photograph of the elector.
(3)
For purposes of this section valid shall mean an official government document that establishes the voter's identity and has no expiration date or has an issuance date not more than ten (10) years prior to the date the document is presented.
(4)
(a)
A person who appears to vote in person at a polling place and does not have identification as required by this section may vote by affidavit ballot. The affidavit ballot shall then be counted if the person shall present acceptable photo identification to the registrar within five (5) days.
(b)
An elector who has a religious objection to being photographed may vote by affidavit ballot, and the elector, within five (5) days after the election, shall execute an affidavit in the registrar's office affirming that the exemption applies.
(5)
The intentional failure of an election official to require a voter to present identification as required by this section shall be considered corrupt conduct under Section
97-13-19
and shall be reported to the Secretary of State and the Attorney General.
Laws, 2012, ch. 526, § 1, eff. 8/5/2013 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Brought forward by Laws, 2024, ch. 332, SB 2576,§ 1, eff. 4/15/2024.
Brought forward by Laws, 2018, ch. 344, HB 804,§ 2, eff. 3/8/2018.
Amended by Laws, 2017, ch. 441, HB 467, 113, eff. 7/1/2017.
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 B - AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS (§§ 23-15-571 — 23-15-581) › Section 23-15-571 - Challenge to voter qualifications

(1)
The following persons shall be designated as authorized challengers and shall be allowed to challenge the qualifications of any person offering to vote:
(a)
Any candidate whose name is on the ballot in the precinct in which the challenge is made;
(b)
Any official poll watcher of a candidate whose name is on the ballot in the precinct in which the challenge is made;
(c)
Any official poll watcher of a political party for the precinct in which the challenge is made;
(d)
Any qualified elector from the precinct in which the challenge is made; or
(e)
Any poll manager or poll worker in the polling place where the person whose qualifications are challenged is offering to vote.
(2)
The challenge of any authorized challenger shall be considered and acted upon by the poll managers of the election.
(3)
A person offering to vote may be challenged upon the following grounds:
(a)
That the voter is not a registered voter in the precinct;
(b)
That the voter is not the registered voter under whose name the voter has applied to vote;
(c)
That the voter has already voted in the election;
(d)
That the voter is not a resident in the precinct where the voter is registered;
(e)
That the voter has illegally registered to vote;
(f)
That the voter has removed his or her ballot from the polling place; or
(g)
That the voter is otherwise disqualified by law.
Laws, 1986, ch. 495, § 181, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 114, eff. 7/1/2017.
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 B - AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS (§§ 23-15-571 — 23-15-581) › Section 23-15-574 - Modification of affidavit form by Secretary of State

If the enactment of any state or federal law shall require any modification to the form or language of the affidavit prescribed in Section
23-15-573
, then the Secretary of State shall be authorized to promulgate an amended form of the affidavit to comply with the requirements of any such state or federal law, which shall be required to be used in all elections throughout this state.
Laws, 2000, ch. 518, § 2, eff. 8/11/2000 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the enactment of this section).
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 B - AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS (§§ 23-15-571 — 23-15-581) › Section 23-15-575 - Who may vote in primary election

No person shall vote or attempt to vote in the primary election of one (1) party when he or she has voted on the same date in the primary election of another party. No person shall vote or attempt to vote in the second primary election of one (1) party when he or she has voted in the first primary election of another party.
Derived from 1942 Code § 3129 [Codes, 1906, § 3717; Hemingway's 1917, § 6409; 1930, § 5887; Laws, 1932, ch. 238; Laws, 1934, ch. 308; Laws, 1947, 1st Ex. sess. ch. 17, §§ 1-3; Laws, 1948, ch. 309, §§ 1, 2; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 183, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 116, eff. 4/18/2017.
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 B - AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS (§§ 23-15-571 — 23-15-581) › Section 23-15-577 - Presence of credentialed poll watchers and candidates at polling place; presentation of written authorization of candidate or political party by credentialed poll watcher to poll manager; inspection and challenge of qualifications of voter by candidate or credentialed poll watcher; interference in election process by candidates and credentialed poll watchers prohibited

(1)
Each candidate on the ballot shall have the right, either in person or by a credentialed poll watcher, to be present at the polling place. In general and special elections, each political party that has a candidate on the ballot shall have the right to be represented at the polling place by two (2) credentialed poll watchers.
(2)
A credentialed poll watcher means a poll watcher of good conduct and behavior, authorized in writing to act as the representative of a candidate on the ballot or political party that has a candidate on the ballot. The written authorization of the candidate or political party must be presented to a poll manager by the certified poll watcher upon arrival at the polling place.
(3)
Poll managers shall provide candidates and credentialed poll watchers with a suitable position from which they may be able to clearly see and hear the manner in which the election is held. Candidates and credentialed poll watchers shall be authorized to bring their own pollbooks, whether in a print or electronic form, to the polling place during each general and special election.
(4)
Candidates and credentialed poll watchers shall be allowed to challenge the qualifications of any person offering to vote, and their challenge shall be considered and acted upon by the poll managers. However, candidates and credentialed poll watchers shall not be allowed to interfere in the election process, which shall include, but not be limited to, the following:
(a)
Communicating with any voter;
(b)
Physically touching or handling any ballot, absentee ballot envelope, absentee ballot application or affidavit ballot envelope;
(c)
Viewing or photographing the pollbooks while at the polling place; or
(d)
Photographing the receipt books while at the polling place.
Derived from 1972 Code § 23-1-41 [Codes, 1906, § 3716; Hemingway's 1917, § 6408; 1930, § 5886; Laws, 1942, § 3128.5; Laws, 1970, ch. 506, § 7; repealed by Laws, 1986, ch. 495, § 331]; Laws, 1986, ch. 495, § 184, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 117, eff. 4/18/2017.
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 B - AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS (§§ 23-15-571 — 23-15-581) › Section 23-15-579 - Procedure when vote challenged

(1)
All votes, which shall be challenged at the polls, whether the question be raised by a poll manager or another authorized challenger, shall be considered by the poll managers at that time.
(2)
When it so clearly appears in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary or oral evidence then presented to the poll managers, that the challenge is well taken, the vote shall be rejected entirely and shall not be counted. In such case, the challenged voter shall mark his or her choices and cast his or her vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll manager on the back "REJECTED" and the name of the voter and the reason the ballot of the challenged voter was rejected shall also be written on the back of the ballot. All rejected ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all rejected ballots shall be placed in a separate strong envelope and returned to the box.
(3)
When it so clearly appears in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary or oral evidence then presented to the poll managers, that the challenge is frivolous and not made in good faith, the poll managers shall disregard the challenge and the voter shall cast his or her vote as other voters in the polling place as though not challenged.
(4)
When it does not so clearly appear whether the challenge is well taken or frivolous and no unanimous decision can be made by the poll managers, the challenged voter shall mark his or her choices and cast his or her vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll managers on the back "CHALLENGED," and the name of the voter and the reason the challenge of the voter was made shall also be written on the back of the ballot. All challenged ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all challenged ballots shall be removed therefrom and separately counted, tallied and totaled with a separate return made of the challenged votes. Challenged ballots shall be placed in a separate strong envelope, and returned to the ballot box.
Derived from 1972 Code § 23-3-25 [Codes, 1942, § 3170; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 185, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 118, eff. 4/18/2017.
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 B - AFFIDAVIT BALLOTS AND CHALLENGED BALLOTS (§§ 23-15-571 — 23-15-581) › Section 23-15-581 - Closing polls, opening ballot box and counting votes

When the last qualified voter, who was standing in line at the polling place at 7:00 p.m., has cast his or her ballot, or 7:00 p.m., whichever is later, the poll managers shall proclaim that the polls are closed and publicly break the seal and open the ballot box to immediately proceed to count the ballots, at the same time reading aloud the names of the persons voted for, which shall be taken down. During the holding of the election and the counting of the ballots, the whole proceedings shall be in fair and full view of the voting public, candidates or their duly authorized representatives and other authorized poll watchers, without unnecessary interference, delay or encroachment upon the good order of the duties and proceedings of the poll managers and other officers of the election. There shall be no unnecessary delay and no adjournment except as provided by law.
Derived from 1972 Code § 23-3-13 [(Codes, 1942, § 3164; Laws, 1935, ch. 19; Laws, 1960, ch. 448) and § 23-5-147 (Codes, Hutchinson's 1848, ch. 7, art 5 (6); 1857, ch. 4, art 12; 1871, §§ 370, 371; 1880, § 136; 1892, § 3648; 1906, § 4155; Hemingway's 1917, § 6789; 1930, § 6238; 1942, § 3267; Laws, 1916, ch. 230; Laws, 1960, ch. 451; Laws, 1964, ch. 511, § 1); repealed by Laws, 1986, ch. 495, §§ 333, 335]; Laws, 1986, ch. 495, § 186, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 119, eff. 4/18/2017.
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 23-15-591 - Proclamation of results; sealing of ballot box

When the votes have been completely and correctly counted and tallied by the poll managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the result, the certificate to be signed by the poll managers, one (1) of the certificates to be enclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the poll managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally of the votes have been completed, the poll managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall also be enclosed one (1) of the duplicate receipts given by the poll manager who received the blank ballots received for that box; and the total ballots voted, and the spoiled ballots, and the unused ballots must correspond in total with the duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the poll managers, which statement must be enclosed in the ballot box. There shall also be enclosed in the box the tally list, the receipt book containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in the receipt book.
Derived from 1972 Code § 23-3-19 [Codes, 1942, § 3167; Laws, 1935, ch. 19] repealed by Laws, 1986, ch. 495, § 333; § 23-5-147 [Codes, Hutchinson's 1848, ch. 7, art 5 (6); 1857, ch. 4, art 12; 1871, §§ 370, 371; 1880, § 136; 1892, § 3648; 1906, § 4155; Hemingway's 1917, § 6789; 1930, § 6238; 1942, § 3267; Laws, 1916, ch. 230; Laws, 1960, ch. 451; Laws, 1964, ch. 511, § 1] repealed by Laws, 1986, ch. 495, § 335; and § 23-5-167 [Codes, 1871, § 377; 1880, § 139; 1892, § 3670; 1906, § 4177; Hemingway's 1917, § 6811; 1930, § 6249; 1942, § 3278] repealed by Laws, 1986, ch. 495, § 335; Laws, 1986, ch. 495, § 187, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 120, eff. 7/1/2017.
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 23-15-593 - Irregularities in ballot box

When the ballot box is opened and examined by the county executive committee in the case of a primary election, or county election commissioners in the case of other elections, and it is found that there have been failures in material particulars to comply with the requirements of Section
23-15-591
and Section
23-15-895
to such an extent that it is impossible to arrive at the will of the voters at such precinct, the entire box may be thrown out unless it be made to appear with reasonable certainty that the irregularities were not deliberately permitted or engaged in by the poll managers at that box, or by one (1) of them responsible for the wrong or wrongs, for the purpose of electing or defeating a certain candidate or candidates by manipulating the election or the returns thereof at that box in such manner as to have it thrown out; in which latter case the county executive committee, or the county election commission, as appropriate, shall conduct such hearing and make such determination in respect to the box as may appear lawfully just, subject to a judicial review of the matter as elsewhere provided by this chapter. Or the executive committee, or the election commission, or the court upon review, may order another election to be held at that box appointing new poll managers to hold the same.
Derived from 1972 Code § 23-3-19 [Codes, 1942, § 3167; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495, § 333]; Laws, 1986, ch. 495, § 188; Laws, 1987, ch. 499, § 7, eff. 7/24/1987 (the date on which the United States Attorney General interposed no objection).
Amended by Laws, 2017, ch. 441, HB 467, 121, eff. 7/1/2017.
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 23-15-595 - Procedure for sealing of ballot box; reopening and resealing

The box containing the ballots and other records required by this chapter shall, immediately after the ballots have been counted, be delivered by one (1) of the poll managers to the clerk of the circuit court of the county and the clerk shall, in the presence of the poll manager making delivery of the box, place upon the lock of such box a tamper-evident seal. The seals shall be numbered consecutively to the number of ballot boxes used in the election in the county, and the clerk shall keep in a place separate from such boxes a record of the number of the seal of each separate box in the county. The board of supervisors of the county shall pay the cost of providing the seals. Upon demand of the chair of the county executive committee in the case of primary elections, or the county election commissioner in the case of other elections, the boxes and their contents shall be delivered to the county executive committee, or the county election commission, as appropriate, and after such committee or commission, as appropriate, has finished the work of tabulating returns and counting ballots as required by law, the committee or commission, as appropriate, shall return all papers and ballots to the box of the precinct where the election was held, and it shall make redelivery of the boxes and their contents to the circuit clerk who shall reseal the boxes. Upon every occasion the boxes shall be reopened and each resealing shall be done as provided in this chapter.
Derived from 1972 Code § 23-3-21 [Codes, 1942, § 3168; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495 § 333]; Laws, 1986, ch. 495, § 189, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 122, eff. 7/1/2017.
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 23-15-599 - Tabulated statement of party vote

(1)
(a)
Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the Chairman of the State Executive Committee shall transmit to the Secretary of State a tabulated statement of the party vote cast in each county and precinct in each county in each state and state district election, and each legislative election for districts consisting of more than one (1) county or parts of more than one (1) county. The statement shall be transmitted by the State Executive Committee on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b)
The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the Chairman of the State Executive Committee, which shall read as follows:
"I ____________________, Chairman of the ____________________ Party State Executive Committee, do hereby certify that, on a majority vote of the ____________________ Party State Executive Committee, these vote totals for each county and for each candidate are the official vote totals for the election reflected therein."
(2)
(a)
Within ten (10) days after the first primary election and within ten (10) days after the second primary election, if any, the county executive committee shall transmit to the Secretary of State a tabulated statement of the party vote cast in their county and each precinct in their county in each election for county and county district office and each election for legislative office for districts containing one (1) county or less. The statement shall be transmitted by the county executive committee on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State. The statement shall be filed by the Secretary of State and preserved among the records of his office.
(b)
The statement provided for in paragraph (a) of this subsection shall contain a certification signed and dated by the majority of the members of the county executive committee, which shall read as follows:
"We, the undersigned members of the county executive committee, do hereby certify that these vote totals for each candidate are the official vote totals for the election reflected therein."
Derived from 1942 Code § 3146 [Codes, 1905, § 3724; Hemingway's 1917, § 9415; 1930, § 5899; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346]; Laws, 1986, ch. 495, § 191; Laws, 2002, ch. 534, § 2, eff. 7/29/2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
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 23-15-600 - Forms for reporting election returns

All forms to be prescribed by the Secretary of State for the reporting of election returns hereunder shall be either hard copy forms on which precincts are listed horizontally and candidates are listed vertically and/or a web-based system in which these forms, or forms similar to them, are made available to counties electronically.
Laws, 2002, ch. 534, § 8, eff. 7/29/2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965,).
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 23-15-601 - Canvass of returns and declaration of results by election commissioners; determination of tie vote

(1)
When the result of the election shall have been ascertained by the poll managers they, or one (1) of their number, or some fit person designated by them, shall, on the night of the election, deliver to the election commissioners, at the courthouse, a statement of the whole number of votes given for each person and for what office; and the election commissioners shall canvass the returns, ascertain and declare the result, and, within ten (10) days after the day of the election, shall deliver a certificate of the election to the person having the greatest number of votes for representative in the Legislature of districts composed of one (1) county or less, or other county office, board of supervisors, justice court judge and constable. If it appears that two (2) or more candidates for Representative of the county, or part of the county, or for any county office, board of supervisors, justice court judge or constable standing highest on the list, and not elected, have an equal number of votes, the interested candidates shall appear before the election commissioners within two (2) days after the canvass and the tie shall be determined by a toss of a coin or by lot fairly and publicly drawn, and a certificate of election shall be given accordingly. The foregoing provisions shall apply to Senators, if the county be a senatorial district.
(2)
The election commissioners shall transmit to the Secretary of State, on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State, a statement of the total number of votes cast in the county for each candidate for each office and the total number of votes cast for such candidates in each precinct in the district in which the candidate ran.
Derived from 1972 Code § 23-5-169 [Codes, Hutchinson's 1848, ch. 7, art 5 (9); 1857, ch. 4, art 13; 1871, § 377; 1880, § 138; 1892, § 3671; 1906, § 4178; Hemingway's 1917, § 6812; 1930, § 6250; 1942, § 3279; Laws, 1970, ch. 506, § 27; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 192; Laws, 2002, ch. 534, § 3, eff. 7/29/2002 (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, 124, eff. 7/1/2017.
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 23-15-605 - Ascertainment of vote and declaration of results by Secretary of State; determination of tie vote

The Secretary of State, immediately after receiving the returns of an election, not longer than thirty (30) days after the election, shall sum up the whole number of votes given for each candidate other than candidates for state offices, legislative offices composed of one (1) county or less, county offices and county district offices, according to the statements of the votes certified to him or her and ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected; and thereupon all persons chosen to any office at the election shall be commissioned by the Governor; but if it appears that two (2) or more candidates for any district office where the district is composed of two (2) or more counties, standing highest on the list, and not elected, have an equal number of votes, the election shall be decided between the candidates having an equal number of votes by each candidate individually drawing one (1) of the two (2) sealed containers from an opaque bag, under the direction of the Governor and Secretary of State. The containers shall consist of a straw of conspicuous length, and the candidate drawing the container with the longer of the two (2) straws shall be declared the winner.
Derived from 1972 Code § 23-5-173 [Codes, 1857, ch. 4, art 15; 1871, § 378; 1880, § 141; 1892, § 3673; 1906, § 4180; Hemingway's 1917, § 6814; 1930, § 6252; 1942, § 3281; Laws, 1970, ch. 506, § 29; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 194; Laws, 2002, ch. 534, § 5, eff. 7/29/2002 (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, 126, eff. 7/1/2017.
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 23-15-607 - Determination of election for judges of Supreme Court and Court of Appeals

(1)
The election commissioners shall, within ten (10) days after an election for judges of the Supreme Court or Court of Appeals, transmit to the Secretary of State, to be filed in his or her office, a statement of the whole number of votes given in their county, and the whole number of votes given in each precinct in their county, for each candidate for the Office of Judge of the Supreme Court or Court of Appeals, and the Secretary of State shall immediately notify each member of the State Board of Election Commissioners in writing to assemble at his or her office on a day to be fixed by him or her, to be within ten (10) days after the receipt by him or her of such statement, and when assembled pursuant to such notice the State Board of Election Commissioners shall sum up the whole number of votes given for each candidate for judge of the Supreme Court or Court of Appeals according to the total number of votes in each county for each candidate as certified to the Secretary of State, ascertain the person or persons to be elected; and thereupon all persons chosen to such office at the election shall be commissioned by the Governor; but if it appears that two (2) or more candidates for judge of the Supreme Court or Court of Appeals standing highest on the list, and not elected, have an equal number of votes, the election shall be decided between the candidates having an equal number of votes by each candidate individually drawing one (1) of the two (2) sealed containers from an opaque bag, under the direction of the Governor and Secretary of State. The containers shall consist of a straw of conspicuous length, and the candidate drawing the container with the longer of the two (2) straws shall be declared the winner.
(2)
The statements required by this section shall contain a certification, signed and dated by a majority of the election commissioners, which shall read as follows:
"We, the undersigned election commissioners, do hereby certify that this statement of the whole number of votes contain the official vote for the election reflected therein."
(3)
The statements required by this section shall be transmitted to the Secretary of State on such forms and by such methods as may be required by rules and regulations promulgated by the Secretary of State.
Derived from 1972 Code § 23-5-245 [Codes, Hemingway's 1917, § 6852; 1930, § 6286; 1942, § 3315; Laws, 1916, ch. 161; Laws, 1970, ch. 506, § 32; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 195; Laws, 1993, ch. 518, § 25; Laws, 2002, ch. 534, § 6, eff. 7/29/2002 (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, 127, eff. 7/1/2017.
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 23-15-609 - Determination of election in which city or county is entitled to separate representation in legislature

When a city or part of a county is entitled to separate representation in the Legislature, the election commissioners shall prepare for the election, and shall receive and canvass the returns, declare the result, and transmit it to the Secretary of State, and act in all respects as in other elections.
Derived from 1972 Code § 23-5-175 [Codes, Hutchinson's 1848, ch. 7, art 5 (16); 1857, ch. 4, art 5; 1880, § 131; 1892, § 3641: 1906, § 4148; Hemingway's 1917, § 6782; 1930, § 6253; 1942, § 3282; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 196, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 128, eff. 7/1/2017.
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 23-15-613 - [Repealed]

Laws, 2002, ch. 534, § 1, eff. 7/29/2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965,).
Repealed by Laws, 2023, ch. 534, HB 1310,§ 2, eff. 1/1/2024.
Amended by Laws, 2017, ch. 441, HB 467, 130, eff. 7/1/2017.
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 23-15-621 - Short title

The title of Sections
23-15-621
through
23-15-653
of this chapter shall be the Absentee Balloting Procedures Law.
Derived from 1972 Code § 23-9-401 [Codes, 1942, § 3203-401; Laws, 1972, ch. 490, § 401; repealed by Laws, 1986, ch. 495, § 341]; Laws, 1986, ch. 495, § 198, eff. 1/1/1987.
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 23-15-623 - Application to absentee ballots authorized in Subarticles B, C, and D

All absentee ballots as authorized in Sections
23-15-671
through
23-15-697
, in Sections
23-15-711
through
23-15-721
, and Sections
23-15-731
and
23-15-733
, shall be handled as provided in Sections
23-15-621
through
23-15-653
.
Derived from 1972 Code § 23-9-403 [Codes, 1942, § 3203-402; Laws, 1972, ch. 490, § 402; repealed by Laws, 1986, ch. 495, § 341]; Laws, 1986, ch. 495, § 199, eff. 1/1/1987.