reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 2 - Charitable Organization › Rule 1-15-2.09 - Termination of Registration or Cessation of Fundraising Activities within the State

Current through June 25, 2024
(A) A registered
				Charitable Organization may terminate its registration by filing an online
				Final Report within thirty (30) days of ceasing activities in the state.
(B) A registered Charitable
				Organization which chooses to either terminate its registration or not renew
				its registration must file an online final report to the Division within thirty
				(30) days of the date of termination or expiration, respectively. The final
				report must contain the following:
(1) For a
				Charitable Organization which has ceased operations and sold or distributed all
				or substantially all of its assets:
(a) A
				list of officers and trustees of the Charitable Organization, including their
				addresses and telephone numbers, which shall be different from the address of
				the Charitable Organization;
(b) A
				financial statement meeting the criteria of §
											79-11-507
				of the Act.
(c) If the Charitable
				Organization is a domestic corporation, a filed, stamped copy of the
				corporation's Articles of Dissolution filed with the Mississippi Secretary of
				State Business Services Division meeting the criteria of §
											79-11-337
				of the Mississippi Code;
(d) If
				the Charitable Organization is a foreign corporation, a filed, stamped copy of
				the corporation's Articles of Dissolution filed with the secretary of state (or
				other state agency performing this function) of the Charitable Organization's
				state of incorporation and/or other terminating documents as filed with the
				appropriate regulator in the Charitable Organization's state of incorporation;
				and
(e) A sworn statement signed
				by an officer of the Charitable Organization providing details of the final
				distribution of assets. This statement shall indicate the name or names and
				addresses of the party or parties that received the distributed assets, along
				with such parties' state of organization and whether the parties are registered
				as a charity in any state and/or have obtained tax- exempt 501(c)(3) status
				with the IRS.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 2 - Charitable Organization › Rule 1-15-2.13 - Books and Records

Current through June 25, 2024
Charitable organizations either registered with the
				  Secretary of State or exempt from registration shall maintain accurate books
				  and records of the solicitation activities of the organization for a period of
				  at least three (3) years. Solicitation activities shall include all financial
				  activities of the organization. The records shall be maintained at the offices
				  of the charitable organization and shall be kept in an auditable format. By way
				  of example such records shall include, but not be limited to, the following:
(A) All check books, bank statements,
				cancelled checks and cash reconciliations of the organization;
(B) All bills, statements and receipts (or
				copies thereof), paid or unpaid, relating to the business and operation of the
				organization;
(C) Statements and
				records of all accounts in which the organization is vested;
(D) All written agreements (or copies
				thereof) entered into by the organization with any entity, person or otherwise
				relating to the business of the organization as such;
(E) General and auxiliary ledgers (or other
				comparable records) reflecting asset, liability, reserve, capital, income and
				expense accounts;
(F) Current
				minutes of the meetings of the organization's board of directors; and
(G) Copies of all solicitation
				materials.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  507 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.01 - Application

Current through June 25, 2024
Professional Fund-Raiser.
In order to apply for registration as a Professional
				  Fund-Raiser pursuant to §
									79-11-513
				  of the Act, the following must be submitted online to the Division:
(A) Online Professional Fund-Raiser
				Application for Registration,
(B)
				Ten Thousand Dollar ($10,000.00) surety bond as provided in §
									79-11-513
				of the Act,
(C) Copies of
				contracts between the Professional Fund-Raiser and any Charitable Organization
				relating to financial compensation or profit to be derived by the Professional
				Fund-Raisers,
(D) All copies of
				booklets, brochures, bulletins, circulars, scripts, documents, letters,
				pamphlets; including any articles evidencing a writing which will be used in
				the solicitation campaign,
(E)
				Professional Solicitor Online Application for Registration for each employee
				who will be making solicitations, and
(F) The Two Hundred and Fifty Dollar
				($250.00) non-refundable registration fee.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  513 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.02 - Application

Current through June 25, 2024
Fund-Raising Counsel.
In order to apply for registration as a Fund-Raising Counsel
				  pursuant to §
									79-11-513
				  of the Act, the following must be submitted online to the Division:
(A) Online Application for Registration of a
				Fund-Raising Counsel form,
(B)
				Copies of contracts between the Fund-Raising Counsel and any Charitable
				Organization relating to financial compensation or profit to be derived from
				the Fund-Raising Counsel's affiliation with either or both entities, and
(C) The Two Hundred and Fifty
				Dollar ($250.00) non-refundable registration fee.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  513 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.03 - Retention of Records

Current through June 25, 2024
A Professional Fund-Raiser shall maintain during each
				  solicitation campaign and for not less than three years after the completion of
				  such campaign the following records, which shall be available for inspection
				  upon demand by the Secretary of State's Office:
(A) The date and amount of each contribution
				received and the name and address of each contributor.
(B) The name and residence of each employee,
				agent or other person involved in the solicitation.
(C) Records of all revenue received and
				expenses incurred in the course of the solicitation campaign.
(D) The location and account number of each
				bank or other financial institution account in which the Professional
				Fund-Raiser has deposited revenue from the solicitation campaign.
(E) The Professional Fund-Raiser shall
				maintain, for a period of three years, a copy of any contract, or contracts, or
				documents evidencing a contract, such as writings, notes, ledger entries, or
				taped conversations, relating to any agreements between the charity and the
				Professional Fund-Raiser regarding contractual performance.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  515(2),(3) (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.04 - Certification of Registration

Current through June 25, 2024
Professional Fund
-
Raiser/
				  Fund-Raising Counsel.
Registration in Mississippi as a Professional
				  Fund-Raiser/Fund-Raising Counsel shall become effective upon the date of the
				  issuance of a Certificate of Registration by the Division. The Certificate
				  shall expire on June 30th each year.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  513 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.05 - Renewal

Current through June 25, 2024
Professional Fund-Raiser.
The following
				  must be submitted online to the Division on or before June 30th each year in
				  order to renew:
(A) Online
				Professional Fund-Raiser Application for Registration form,
(B) Ten Thousand Dollar ($10,000.00) surety
				bond or a continuation notice of the bond on file as provided in §
									79-11-513
				of the Act,
(C) Copies of
				contracts not already on file with the Division between the Professional
				Fund-Raiser and any Charitable Organization relating to financial compensation
				or profit to be derived from the Professional FundRaiser's affiliation with
				either or both entities,
(D) All
				copies of booklets, brochures, bulletins, circulars, scripts, documents,
				letters, pamphlets; including any articles evidencing a writing which will be
				used in the solicitation campaign, and
(E) The Two Hundred and Fifty Dollar
				($250.00) non-refundable registration fee.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  513 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.06 - Renewal

Current through June 25, 2024
Fund-Raising Counsel.
The following must be submitted to the Division online on or
				  before June 30th of each year in order to renew:
(A) Online Application for Registration of
				Fund-Raising Counsel form,
(B)
				Copies of contracts not already on file with the Division between the Fund-
				Raising Counsel and any Charitable Organization relating to financial
				compensation or profit to be derived from the Fund-Raising Counsel's
				affiliation with either or both entities, and
(C) The Two Hundred and Fifty Dollar
				($250.00) non-refundable registration fee.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  513 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.07 - Filing of Solicitation Campaign Notice

Current through June 25, 2024
Prior to the commencement of each solicitation campaign, the
				  Professional Fund-Raiser shall file an online Solicitation Campaign Notice form
				  with the Division. Any changes or modifications in the required information
				  must be submitted to the Division online within seven (7) days.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  515(3) (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.09 - Filing of Summary of Financial Activities of a Professional Fund-Raiser for a Solicitation Campaign

Current through June 25, 2024
A Summary of Financial Activities of a Professional
				  Fund-Raiser for a Solicitation Campaign form must be filed online with the
				  Division to report the financial activities for each individual solicitation
				  campaign conducted for every charitable organization for which the Professional
				  Fund-Raiser makes solicitations. This financial report is to be filed with the
				  Division no more than ninety (90) days after a solicitation campaign has been
				  completed and/or annually on the anniversary date of the commencement of any
				  solicitation if the campaign lasts more than one (1) year. If the solicitation
				  campaign is conducted nationally or regionally and is not confined solely to
				  the State of Mississippi, the financial information required to be filed shall
				  be inclusive of the national or regional campaign.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  515(3) (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.11 - Termination of Registration

Current through June 25, 2024
-
Raiser/ Fund-Raising Counsel.
A Professional Fund-Raiser/Fund-Raising Counsel may
				  terminate registration by submitting a letter requesting termination to the
				  Division within thirty (30) days of ceasing activities in the state.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  515 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.13 - Application/Renewal

Current through June 25, 2024
Professional Solicitor.
(A) In order to apply for registration as a
				Professional Solicitor pursuant to §
									79-11-517
				of the Act, the online Professional Solicitor Application for Registration form
				must be submitted to the Division. The application must be filed (i) with the
				online Professional Fund-Raiser Application for Registration, (ii) with the
				online Solicitation Campaign Notice filed by the Professional Fund-Raiser, or
				(iii) at any time a new Solicitor is hired. A completed, attested form must be
				on file with the Division before any solicitations may be made by the
				Solicitor.
(B) On or before June
				30th each year, the online Professional Solicitor Application for Registration
				form must be completed in order to renew registration as a Professional
				Solicitor.
(C) In the event of
				termination of employment, notice of such termination must be provided to the
				Division within thirty (30) days.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  517 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.15 - Display of Certificate

Current through June 25, 2024
Professional Fund-Raiser/Fund-Raising
				  Counsel.
The current registration certificate issued by the Division
				  to the Professional Fund-Raiser/ Fund-Raising Counsel shall be posted and
				  displayed in a conspicuous place and in easy view of all persons who enter the
				  office of the Professional Fund-Raiser/ Fund-Raising Counsel.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  513 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 3 - Professional Fund-Raisers/Fund-Raising Counsels › Rule 1-15-3.17 - Commercial Co-venturers

Current through June 25, 2024
(A) A Commercial
				Co-venturer engaging in a charitable sales promotion is required to file with
				the Secretary of State an online notice of the promotion no less than seven (7)
				days prior to the start of said promotion. Such notice must include a copy of
				the contract between the Co-venturer and the Charitable Organization.
(B) The Secretary of State also requires a
				Commercial Co-venturer to file an online financial accounting of the charitable
				sales promotion no later than thirty (30) days after the conclusion of said
				promotion, if the charitable sales promotion is less than one (1) year. If the
				promotion period is greater than one (1) year, the Commercial Co-Venture shall
				file an annual online financial accounting each year of the charitable sales
				promotion no later than thirty (30) days after the anniversary date of the
				first notice of promotion filing, and shall file a final financial accounting
				of the charitable sales promotion no later than thirty (30) days after the
				conclusion of said promotion. The online accounting, annual accounting or final
				accounting shall include the following:
(1)
				The number of units of goods or services sold in Mississippi;
(2) The amount of gross sales in
				Mississippi;
(3) The amount of
				those gross sales paid by the Co-venturer to the Charitable Organization;
				and
(4) In the case of a
				multi-state, national or international campaign, the percentage of total sales
				in Mississippi paid to the charity.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.01 - Definitions

Current through June 25, 2024
"Party," as used in these rules, shall include the Attorney
				  General, the Secretary of State, other governmental agency, charitable
				  organization, professional fundraiser, fund-raising counsel, professional
				  solicitor, or any other person.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  521 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.03 - Notice of Administrative Hearing

Current through June 25, 2024
(A) Written
				notice shall be provided to any charitable organization or other person against
				whom the Attorney General or the Secretary of State intends to institute an
				administrative hearing pursuant to the Regulation of Charitable Solicitations
				Act.
(B) Such notice shall be by
				certified mail, return receipt requested and shall set forth the date, time and
				place for the administrative hearing and shall also designate a Hearing
				Officer.
Miss. Code Ann.
				  §§
										79-11-504(a);
				  521 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.05 - Witnesses

Current through June 25, 2024
(A) Any Party wishing to appear or introduce
				evidence or other testimony at the administrative hearing shall, no later than
				fourteen (14) days prior to the hearing date, file with the Hearing Officer a
				list of witnesses which it intends to call to testify or to otherwise give
				evidence. The list shall contain for each witness:
(1) Name;
(2) Current residential and business address,
				if known;
(3) Current residential
				and business telephone number, if known;
(4) A statement indicating whether such
				person is to testify in person or by affidavit.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.07 - Documents

Current through June 25, 2024
Upon request by any Party, any documents, papers or tangible
				  things to be introduced by any Party at the hearing shall be made available for
				  inspection and copying by the requesting Party no later than fourteen (14) days
				  prior to the hearing date. This shall include written reports prepared by any
				  expert retained by any Party to testify at the hearing.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.09 - Conduct of Hearing

Current through June 25, 2024
(A) The Hearing
				Officer shall have the authority to administer oaths and affirmations;
(B) Each Party may be represented
				by an attorney or other authorized representative;
(C) The Hearing Officer may clear the hearing
				room of witnesses not under examination;
(D) The Hearing Officer shall have the
				authority to maintain the decorum of the hearing and shall take reasonable
				steps to do so when necessary, including clearing the hearing room of any
				person who is disruptive.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.11 - Evidence

Current through June 25, 2024
(A) Hearings shall be informal and technical
				rules of evidence shall be relaxed;
(B) All witnesses who appear and testify
				under oath shall be subject to cross examination. A witness who does not appear
				may testify by affidavit provided the Party presenting the particular witness'
				affidavit has complied with the requirements of Rule
				4.05
				thereby affording any other Party an opportunity to contact said witness and
				obtain an affidavit on its own behalf;
(C) The Hearing Officer shall have the
				authority to admit into the record any evidence which, in his or her judgment,
				has a reasonable degree of probative value and trustworthiness. The Hearing
				Officer shall have the authority to exclude evidence which is irrelevant,
				immaterial, lacking in probative value, untrustworthy or unduly cumulative;
(D) Documents received into
				evidence by the Hearing Officer shall be marked by him or her, or under his or
				her direction, and filed for the record of the appeal;
(E) Rebuttal and surrebuttal evidence may be
				heard at the discretion of the Hearing Officer;
(F) Arguments summarizing the evidence and
				the law may be heard at the discretion of the Hearing Officer.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009)
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.13 - Order of Proof: Burden of Proof

Current through June 25, 2024
(A) At the hearing,
				the Attorney General or the Secretary of State shall be the first to present
				evidence.
(B) The Attorney General
				or the Secretary of State shall have the burden of proving its allegations by a
				preponderance of the evidence.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.15 - Preservation and Transcription of Record of Hearing

Current through June 25, 2024
(A) A
				record of testimony at the hearing may be made by other than stenographic
				means, in which event notice shall be given to all parties designating the
				manner of recording and preserving the testimony.
(B) It shall be the responsibility of any
				Party desiring to preserve by stenographic means a record of testimony at the
				hearing to:
(1) Arrange for a court reporter
				to make stenographic recording of the hearing;
(2) Pay all fees and expenses for such
				recording and transcription directly to the court reporter.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.17 - Order to be Filed upon Completion of Hearing

Current through June 25, 2024
After all evidence is heard or received and the hearing is
				  completed, the Hearing Officer shall, within a reasonable time thereafter,
				  prepare and file proposed written findings of fact and conclusions of law and a
				  proposed Decision and Final Order based thereon. The Secretary shall review the
				  findings of fact and conclusions of law of the hearing officer, and may accept,
				  modify, or reject, in whole or in part, the findings of fact and conclusions of
				  law. The Secretary shall thereafter issue a Final Order, a copy of which shall
				  be sent promptly, via certified mail, return receipt requested, to all Parties
				  who appeared at the administrative hearing, or to their attorney(s) or
				  authorized representative(s).
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.19 - Continuances

Current through June 25, 2024
Continuances requested by any Party shall be granted within
				  the discretion of the Hearing Officer only for good cause shown.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.21 - Computation of Time

Current through June 25, 2024
In computing any period of time prescribed or allowed under
				  these rules, the Hearing Officer shall be guided by the Mississippi Rules of
				  Civil Procedure.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 15 - Charities Division › Chapter 4 - Administrative Hearing Procedures › Rule 1-15-4.23 - Validity of Rules

Current through June 25, 2024
If any one or more of these rules is found to be invalid by
				  any court of competent jurisdiction, such finding shall not affect the validity
				  of any other of these rules.
Miss. Code Ann.
				  §§
										79-11-504(a)
				  (Rev. 2009)
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 2 - Effective Date of Mississippi Voter Photo Identification › Rule 1-16-2.1

Current through June 25, 2024
Beginning with Elections held in the State of Mississippi
				  occurring on or after June 3, 2014, each qualified elector, who is not exempt
				  from these requirements and who appears in person to vote by absentee ballot in
				  the Registrar's Office or Municipal Clerk's Office, or who appears to vote at
				  his or her polling place on an election day, must identify himself or herself
				  by presenting Acceptable Photographic Identification as define by Rule
				  1.1(A) before the
				  elector may cast his or her ballot and vote.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.1 - Intent and Purpose

Current through June 25, 2024
A. These rules are
				promulgated pursuant to the authority granted the Mississippi Secretary of
				State under Miss. Code Ann. Section
				23-15-7.
B. It is the intent of the Mississippi
				Secretary of State to provide for the time, place, and manner in which each
				Registrar's Office shall issue the Mississippi Voter Identification Card to
				eligible electors, to provide for the acceptable types of documentation or
				information necessary for an eligible elector to obtain the Mississippi Voter
				Identification Card, and to provide certain other rules governing the
				Mississippi Voter Photo Identification law.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.2 - Availability of Mississippi Voter Identification Card

Current through June 25, 2024
A.
				Eligible electors may apply for a Mississippi Voter Identification Card at the
				office of each Registrar and mobile locations, where available.
B. The Registrar shall provide a location in
				his or her office at which he or she shall make available and accept
				applications for the Mississippi Voter Identification Card and issue the
				Receipt for the Mississippi Voter Identification Card.
C. In counties having two (2) judicial
				districts, the Registrar shall provide a location in his or her office in each
				judicial district, at which he or she shall make available and accept
				applications for the Mississippi Voter Identification Card and issue the
				Receipt for the Mississippi Voter Identification Card.
D. The Registrar shall accept applications
				for the Mississippi Voter Identification Card and issue the Receipt for the
				Mississippi Voter Identification Card during normal business hours and during
				such additional hours as are provided by statute.
E. The Registrar of the elector's county of
				residence shall be provided notice of the elector's submission of an
				application for and issuance of a Receipt for the Mississippi Voter
				Identification Card from the issuing Registrar's office.
F. No fee shall be charged to the applicant
				or collected by the Registrar for his or her provision and acceptance of the
				application for the Mississippi Voter Identification Card or the issuance of
				the Receipt for the Mississippi Voter Identification Card.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.3 - Application for Mississippi Voter Identification Card

Current through June 25, 2024
A. The
				Registrar shall provide a uniform application for the Mississippi Voter
				Identification Card in the form designed and published by the Mississippi
				Secretary of State as set forth in Part 16, Exhibit A.
B. The State of Mississippi shall make proper
				allowances and reimburse the Registrar for equipment and office supplies
				reasonably necessary for the issuance of the Receipt for the Mississippi Voter
				Identification Card.
C. The
				application shall require the elector to (i) affirm he or she is registered to
				vote in Mississippi, or is registering to vote at the same time he or she is
				submitting an application for the Mississippi Voter Identification Card; (ii)
				affirm he or she does not currently possess Acceptable Photographic
				Identification as defined by Rule
				1.1(A) to vote; and
				(iii) provide his or her full legal name, date of birth, legal residence
				address, and mailing address, if different.
D. The application shall be signed under
				oath, in the presence of the Registrar, and any falsification or fraud
				committed in making the application for the Mississippi Voter Identification
				Card shall constitute false swearing as defined and punishable by Miss. Code
				Ann. Section
				97-7-35.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.4 - Eligibility for Issuance of the Mississippi Voter Identification Card

Current through June 25, 2024
No qualified elector shall be eligible to obtain the
				  Mississippi Voter Identification Card if that person currently possesses
				  Acceptable Photographic Identification as defined in Rule
				  1.1(A).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.5 - Documentation Required for Issuance of the Mississippi Voter Identification Card

Current through June 25, 2024
Before issuing a Mississippi Voter Identification Card, the
				  Registrar shall require an elector to:
A. Complete and sign an application
				and
B. Present any one of the
				following forms of documentation:
1. Photo
				Identity Document;
2. Any
				documentation which sets forth the elector's full legal name, date and place of
				birth, including, but not limited to, a birth certificate;
3. A Social Security card;
4. A Medicare card;
5. A Medicaid card;
6. Any of the following documents, provided
				the document sets forth the elector's name and his or her principal residential
				address:
i. Utility bill issued within the
				past six (6) months,
ii. Bank
				statement issued within the past six (6) months,
iii. Paycheck issued within the past six (6)
				months,
iv. Government check
				issued within the past six (6) months, or
v. Any other government document that shows
				the elector's name and his or her principal residential address issued within
				the current calendar year including, without limitation, an IRS Form W-2, Wage
				and Tax Statement; or
7.
				Mississippi Voter Registration Card.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.6 - Processing the Application for Mississippi Voter Identification Card

Current through June 25, 2024
A. To process the elector's application for
				the Mississippi Voter Identification Card, the Registrar shall require the
				elector to:
1. Complete the Mississippi Voter
				Identification Card Application, and
2. Present any one of the forms of
				documentation set forth in Rule 3.5(B) or satisfy the requirements of Rule
				3.5(C).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.7 - Automatic Review and Appeal of a Registrar's Denial of Mississippi Vote

Current through June 25, 2024
In the event an elector is denied issuance of a Mississippi
				  Voter Identification Card, there shall be an automatic review by the county
				  election commission and appeal process available to the elector pursuant to
				  Miss. Code Ann. Sections
				  23-15-61
				  through
				  23-15-79.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.8 - Cancellation and Surrender of Mississippi Voter Identification Card

Current through June 25, 2024
A. The Registrar may cancel and require
				surrender of a Mississippi Voter Identification Card upon confirmation the card
				was issued to a person not entitled thereto.
B. A Mississippi Voter Identification Card
				may be cancelled or required to be surrendered by the elector if:
1. The elector is deceased,
2. The elector is convicted of a
				disenfranchising crime,
3. The
				elector is adjudicated to be incompetent,
4. The elector has moved outside of the State
				of Mississippi, or
5. The elector
				is otherwise no longer qualified to vote in Mississippi.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.9 - Replacement of Mississippi Voter Identification Card

Current through June 25, 2024
If a previously issued Mississippi Voter Identification Card
				  has been lost, destroyed, marred or mutilated, the name of the elector has
				  changed, or the gender of the elector has changed, a replacement Mississippi
				  Voter Identification Card may be issued to the elector in accordance with Rules
				  3.3 through 3.6.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 3 - Mississippi Voter Identification Card › Rule 1-16-3.10 - Validity of Mississippi Voter Identification Card

Current through June 25, 2024
A. A
				Mississippi Voter Identification Card shall remain valid for as long as the
				elector remains qualified to vote in Mississippi.
B. It shall be the duty of an elector who
				moves his or her residence outside the state of Mississippi, or who ceases to
				be qualified to vote in Mississippi, to either surrender his or her card to the
				issuing Registrar or destroy the same.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 5 - Voting by Affidavit Ballot › Rule 1-16-5.1

Current through June 25, 2024
If a qualified elector appears at a Registrar's Office or
				  Municipal Clerk's Office to vote by absentee ballot, or at a polling place to
				  vote on an election day, yet is unable to present Acceptable Photographic
				  Identification, or states he or she has a religious objection to being
				  photographed, the elector shall be entitled to vote by affidavit ballot
				  pursuant to Miss. Code Ann. Section
				  23-15-573.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 5 - Voting by Affidavit Ballot › Rule 1-16-5.2

Current through June 25, 2024
An affidavit ballot cast by an elector because he or she was
				  unable to present Acceptable Photographic Identification, either at the
				  Registrar's Office or at the polling place in any election other than a
				  municipal election, shall not be rejected for this reason if, within five (5)
				  business days after casting his or her affidavit ballot, the elector presents
				  Acceptable Photographic Identification, in person, to the Registrar's Office of
				  the elector's county of residence.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 5 - Voting by Affidavit Ballot › Rule 1-16-5.3

Current through June 25, 2024
An affidavit ballot cast by an elector because he or she was
				  unable to present Acceptable Photographic Identification, either at the
				  Municipal Clerk's Office or at the polling place in a municipal election, shall
				  not be rejected for this reason if, within five (5) business days after casting
				  his or her affidavit ballot, the elector presents Acceptable Photographic
				  Identification, in person, to the Municipal Clerk's Office of the elector's
				  city of residence.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 6 - Exempted Electors › Rule 1-16-6.1 - Religious Objectors

Current through June 25, 2024
A. An elector who
				states that he or she does not have Acceptable Photographic Identification due
				to a religious objection to being photographed shall be entitled to vote by
				affidavit ballot pursuant to Miss. Code Ann. Section 23- 15-573.
B. An affidavit ballot, cast by an elector
				with a religious objection to being photographed in any election other than a
				municipal election, shall not be rejected for this reason if, within five (5)
				business days after casting his or her affidavit ballot, the elector executes a
				separate affidavit before the Registrar of the elector's county of residence
				affirming the religious objection of the elector.
C. An affidavit ballot, cast by an elector
				with a religious objection to being photographed in a municipal election, shall
				not be rejected for this reason if, within five (5) business days after casting
				his or her affidavit ballot, the elector executes a separate affidavit before
				the Municipal Clerk of the elector's city of residence affirming the religious
				objection of the elector.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 6 - Exempted Electors › Rule 1-16-6.2

Current through June 25, 2024
An elector who resides at a state-licensed care facility and
				  who votes in person at a polling place located in that state-licensed care
				  facility, is exempt from photo identification requirements.
Miss. Code Ann. Section
				  23-15-7(8).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 7 - Inapplicability of Photo Identification Requirements to Electors Voting by Absentee Ballot Pursuant to UOCAVA, Miss. Code Ann. Sections 23-15-715(b) and 23-15-673 › Rule 1-16-7.1 - Absentee Voting by Mail

Current through June 25, 2024
An elector who receives and casts his or her vote by absentee
				  ballot by mail pursuant to Miss. Code Ann. Section
				  23-15-715(b)
				  is exempt from photo identification requirements.
Miss. Code Ann.
				  Sections
				  23-15-7(8)
				  and
				  23-15-715(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 16 - Elections - Voter Photo Identification › Chapter 7 - Inapplicability of Photo Identification Requirements to Electors Voting by Absentee Ballot Pursuant to UOCAVA, Miss. Code Ann. Sections 23-15-715(b) and 23-15-673 › Rule 1-16-7.2 - UOCAVA Voting

Current through June 25, 2024
An absent elector, as defined by Miss. Code Ann. Section
				  23-15-673,
				  who casts his or her vote by absentee ballot by mail, facsimile device (FAX) or
				  electronic mail delivery (e-mail), pursuant to Miss. Code Ann. Section
				  23-15-699
				  is exempt from photo identification requirements.
Miss. Code Ann.
				  Sections
				  23-15-7(8),
				  23-15-673
				  and
				  23-15-699.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 1 - Definitions › Rule 1-17-1.1 - Definitions

Current through June 25, 2024
For the purposes of these rules, the below terms mean the
				  following:
A. "Absent Voter" means a
				voter who has submitted a valid absentee ballot application under Miss. Code
				Ann. Section
				23-15-627
				and is authorized to cast an absentee ballot.
B. "Absentee Ballot" means a ballot provided
				to a voter, prior to election day, who has submitted an absentee ballot
				application pursuant to Miss. Code Ann. Section
				23-15-627
				and Section
				23-15-715.
C. "Official in charge of the election" means
				either a county election commissioner, county party executive committee member,
				or circuit clerk for county elections, and municipal election commissioner,
				municipal party executive committee member, or municipal clerk for municipal
				election, who is/are responsible for the conducting elections within their
				individual jurisdictions and type of election.
D. "Poll Manager" means an election official
				appointed by the local election officials in charge of the election, pursuant
				to applicable laws, to operate the polling place and aid in conducting an
				election by performing duties prescribed by applicable law.
E. "Polling Place" means a location,
				designated by the county board of supervisors for each county or the local
				governing authority for each municipality, at which voters in the district, to
				which the precinct is assigned, may appear and cast their ballot.
F. "Registrar" means an official appointed by
				the State Board of Election Commissioners pursuant to Miss. Code Ann. Section
				23-15-223.
				The Registrar is the clerk of the county, unless the State Board of Election
				Commissioners finds the circuit clerk to be an improper person to register
				voters. For municipal elections, the registrar is the municipal
				clerk.
G. "Resolution Board" means
				an group of individuals consisting of an odd number of not less than three
				registered voters of the county, or municipality for municipal elections,
				appointed by the officials in charge of the election to process absentee
				ballots, review blank, overvoted, undervoted, and damaged ballots, and to
				transfer non-scannable ballots to scannable ballots pursuant to Miss. Code Ann.
				§
									23-15-523.
H. "Statewide Elections Management System" or
				"SEMS" means the master voter roll for the State of Mississippi.
Miss. Code
				  Ann.§§
										23-15-637(3);
				  23-15-227(6).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 1 - Definitions › Rule 1-17-1.2 - Legal Authority

Current through June 25, 2024
A. The Mississippi
				Autism Board shall be empowered under Miss. Code Ann. §
									73-75-1, et
				seq., to license qualified applicants in the practice of behavior analysis.
B. The Mississippi Autism Board
				shall promulgate such rules as are necessary to provide for the licensing of
				behavior analysts and assistant behavior analysts.
C. The principal offices of the Mississippi
				Autism Board are located in the Office of the Mississippi Secretary of State,
				401 Mississippi Street, Jackson, Mississippi 39203.
Miss. Code Ann. §
										73-75-9
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 1 - Definitions › Rule 1-17-1.3 - Definitions

Current through June 25, 2024
A.
Board
means the Mississippi
				Autism Board.
B.
BACB
means the Behavior Analyst Certification Board® Inc.
C.
Behavior Analyst
means an
				individual who meets the minimum requirements of a Board Certified Behavior
				Analyst® (BCBA® or BCBA-DT), set by the BACB, and is licensed or
				qualifies for licensure by the Board, as further described in Rule 3.2 below.
D.
Assistant Behavior
				Analyst
means an individual who meets the minimum requirements of a
				Board Certified Assistant Behavior Analyst (BCaBA®), set by the BACB, and
				is licensed or qualifies for licensure by the board, as further described in
				Rule 3.3 below.
E.
Behavior
				Technician
means an individual who is currently certified by the
				Behavior Analyst Certification Board as a Registered Behavior TechnicianT(RBTT)
				to provide applied behavior analysis treatments under the supervision and
				direction of a licensed behavior analyst or licensed assistant behavior
				analyst.
F.
Agency
is
				the Office of the Mississippi Secretary of State.
Miss. Code Ann. §
										73-75-3
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 1 - Definitions › Rule 1-17-1.4 - Publication

Current through June 25, 2024
The Board shall publish, annually, a list of the names and
				  addresses of all persons licensed by the Board as behavior analysts and
				  assistant behavior analysts and a list of all persons whose licenses have been
				  suspended, revoked, denied renewal, put on probationary status, censured, or
				  reprimanded.
Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 2 - Voted Absentee Ballot is Final Vote › Rule 1-17-2.1 - Absentee Ballot Cast

Current through June 25, 2024
For the purposes of this Chapter, an absentee ballot is the
				  final vote of a voter when, during absentee ballot processing by the Resolution
				  Board, the ballot is marked accepted. A rejected ballot is not a final vote,
				  and should a ballot be rejected or a mailed absentee ballot not timely
				  received, and that voter cast an affidavit ballot in the precinct on election
				  day, the affidavit ballot may be counted if found legal. An affidavit ballot
				  cast by a voter whose absentee ballot was accepted by the Resolution Board
				  should be rejected, as the voter had already cast his/her final vote
Miss. Code Ann.§
										23-15-637.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 17 - Absentee Voting › Chapter 2 - Voted Absentee Ballot is Final Vote › Rule 1-17-2.2 - In-Person Absentee Ballots

Current through June 25, 2024
When an absent voter casts an absentee ballot in-person at
				  the registrar's office, and the ballot is deposited by the voter into a secure
				  ballot box, the absent voter may not cast a regular ballot on election day for
				  the same election. If an absent elector, after having cast an absentee ballot,
				  appears at the polling place on election day and seeks to cast a regular
				  ballot, the voter must be informed that he/she is not entitled to cast a
				  regular ballot, but may cast an affidavit ballot. In the process of providing
				  an absentee ballot, the registrar will use either SEMS to document the request,
				  issuance, and receipt of the ballot, or mark directly on the pollbook to
				  indicate the absent voter has voted absentee by printing "VOTED AB" in the
				  pollbook beside the voter's name in the Election Date/Write Voted column. In
				  canvassing the election, the officials in charge of the election must ascertain
				  whether the absentee voter's absentee ballot was accepted by the Resolution
				  Board, and if accepted, must reject the affidavit ballot cast by the elector.
				  If the absentee ballot was rejected by the Resolution Board, the officials in
				  charge of the election may count the affidavit ballot if it is determined to be
				  legal.
Miss. Code Ann.§
										23-15-637(3).