reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 2 - HAVA Complaint Procedure › Rule 1-10-2.7 - Determination

Current through June 25, 2024
A final determination on the complaint shall be made within
				  90 days of the Secretary of State's receipt of the complaint and must be in
				  writing. This time period may only be extended upon the written consent of the
				  Complainant.
A. The determination as
				to whether a Subchapter III violation has been established shall be based on
				the preponderance of the evidence standard. The Complainant shall bear the
				burden of proving the existence or occurrence of a Subchapter III violation by
				a preponderance of the evidence.
B.
				The determination shall constitute a final and binding decision which is not
				appealable to any state or federal court.
C. If it is found there was a past, present
				or potential violation of Subchapter III of HAVA, then the written
				determination shall state the facts of the violation, set forth the specific
				law violated and provide for a remedy. The remedy provided shall be directed to
				the improvement of processes or procedures governed by Subchapter III. The
				principal remedy shall be written findings a violation occurred and strategies
				or recommendations for ensuring future violations do not occur.
D. Any remedy provided for under this rule
				may not include any award of monetary damages, the payment of costs, penalties
				or attorneys' fees and may not include the invalidation of any vote or ballot,
				primary, special or general election result or the disqualification of any
				candidate.
E. All final
				determinations shall be posted on the website of the Secretary of State (
www.sos.ms.gov
) and mailed to the
				Complainant, each Respondent and other interested persons who asked in writing
				to be advised of the final determination.
Miss. Code Ann. §
										23-15-169;
				  52
				  U.S.C. §
											21112.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 3 - Voting Information Requirements › Rule 1-10-3.1 - Educational Poster

Current through June 25, 2024
The appropriate State or local election official is required
				  to publicly post voting information at each polling place on election day for
				  federal office, pursuant to §302(b) of the Help America Vote Act of
				  2002.
SECTION 302(b) VOTING INFORMATION REQUIREMENTS-
1) PUBLIC POSTING ON ELECTION DAY- The
				appropriate State or local election official shall cause voting information to
				be publicly posted at each polling place on the day of each election for
				Federal office.
2) VOTING
				INFORMATION DEFINED- In this section, the term "voting information' means-
a) Information regarding the date of the
				election and the hours during which polling places will be open;
b) Instructions on how to vote, including how
				to cast a vote and how to cast a provisional ballot;
c) Instructions for mail-in registrants and
				first-time voters under section 303(b);
d) General information on voting rights under
				applicable Federal and State laws, including information on the right of an
				individual to cast a provisional ballot and instructions on how to contact the
				appropriate officials if these rights are alleged to have been violated;
				and
e) General information on
				Federal and State laws regarding prohibitions on acts of fraud and
				misrepresentation.
The attached educational poster (Exhibit A) must be displayed
				  at all precincts during any election for federal, state, county, municipal, or
				  other office or initiative. Further, local election officials, including
				  political parties, must attach a sample ballot to the poster.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 4 - Assistance for Military and Overseas Voters › Rule 1-10-4.1 - Definition

Current through June 25, 2024
For the purpose of this chapter, "Mississippi armed services
				  and overseas voters" shall mean:
A.
				Armed forces and overseas voters if they have been called into active duty and
				are serving outside the State of Mississippi;
B. Any member of the Army National Guard or
				Air National Guard who is a citizen of Mississippi and who has been mobilized
				or called to active duty outside the State of Mississippi, other than annual
				training or summer camp;
C. Any
				member of the U.S. military reserve or Coast Guard reserve who is a citizen of
				Mississippi and who has been called to active duty outside the State of
				Mississippi, other than annual training or summer camp.
D. Any Mississippi Citizen who has a United
				States Department of Defense identification number or is qualified to
				participate in the Federal Voting Assistance Program's Integrated Voting
				Alternative Site.
Miss. Code Ann. §
										23-15-673(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 4 - Assistance for Military and Overseas Voters › Rule 1-10-4.2 - Voting Methods

Current through June 25, 2024
Pursuant to current law, Mississippi armed services and
				  overseas voters may:
A. Use a duly
				executed federal postcard application (FPCA) (as provided in the
Uniformed and Overseas Citizens Absentee Voting Act,
				42
				U.S.C. 1972 ffet seq.)
to register
				to vote, to request an absentee ballot or to do both simultaneously
B. Use mail to transmit the FPCA or receive
				and/or transmit absentee ballots;
C. Use electronic facsimile (fax) devices to
				transmit the FPCA or receive and/or transmit absentee ballots; and
D. Use electronic mail (e-mail) to transmit
				the FPCA or receive and/or to transmit absentee ballots
(
				P.L.
				107-252
										§702).
E. Use the Federal Write-in Absentee Ballot
				(as provided in
42 U.S.C. 1973 ff
				2)
in all general, special, primary and run-off elections for local,
				state, and federal offices
(Miss. Code Ann. §
										23-15-692);
and
F. Be sent absentee ballots by
				the local voter registrar within 45 days of the next election or within 24
				hours, if possible, of receipt by the registrar of a proper application
				requesting same.
G. Sign an
				absentee ballot application by electronic signature, by use of a
				Mississippi-specific version of the Federal Post Card Application, which shall
				be substantially similar in form to that following hereafter at Exhibit 4.2-A,
				and available on the Mississippi Secretary of State's website(s)(
www.sos.ms.gov
).
Miss. Code Ann.
				  §§
										23-15-677,
				  687, 692, 699 and §
										75-12-1 et
				  seq. (1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 4 - Assistance for Military and Overseas Voters › Rule 1-10-4.3 - Secretary of State's Exercise of Emergency Powers

Current through June 25, 2024
Under the Secretary of State's authority to exercise
				  emergency powers concerning both registration and absentee voting by
				  Mississippi armed services and overseas voters, the Secretary of State
				  promulgates the following:
A. All
				county and municipal election commissions, party executive committees and voter
				registrars, as applicable to their respective elections duties, shall fax and
				accept all faxed voter registration applications, FPCA's and state or national
				mail-in applications to and from Mississippi armed services and overseas
				voters.
B. The statutory voter
				registration deadline of 30 days in advance of an election is suspended for
				Mississippi armed forces and overseas voters and the deadline for voter
				registration for such voters shall be fourteen days in advance of the election
				in question. If such armed forces and overseas voters have been released from
				active duty on a date which is less than 30 days before the election, then such
				application must be accompanied by a copy of the registrant's DD214 or official
				orders indicating a release from active duty date which is less than 30 days
				before the election in which the voter decides to vote.
C. All county and municipal election
				commissions, party executive committees and voter registrars, as applicable to
				their respective elections duties, shall receive and count, if otherwise valid,
				all mailed, faxed, or electronically mailed absentee ballots and federal
				write-in ballots of Mississippi armed services and overseas voters which
				ballots are received after the statutory absentee ballot deadline but no later
				than 7:00 p.m. on election day.
This rule and exercise of emergency powers by the Secretary
				  of State are effective in the following situations:
A. When the President of the United States
				shall declare war or issue a declaration of war; or
B. When the President of the United States
				shall declare a national emergency; or
C. When the President of the United States
				shall call to active duty U.S. military reservists, and the Secretary of State
				shall determine that a substantial number of the activated military reservists
				are citizens of Mississippi; or
D.
				When the Governor of the State of Mississippi shall declare a state or
				emergency; or
E. When the Governor
				of the State of Mississippi or President of the United States shall mobilize or
				call to active duty members of the National Guard, and the Secretary of State
				shall determine that a substantial number of National Guard members who are
				citizens of Mississippi have been affected.
Miss. Code Ann. §
										23-15-701
				  and § 25-43-7(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 5 - Voter Rights › Rule 1-10-5.1 - Affidavit Ballot Form

Current through June 25, 2024
Pursuant to Section
				  23-15-574,
				  Miss. Code Ann., Exhibit B reflects the most current form of the attached
				  affidavit ballot envelope, incorporating all changes in previous state and/or
				  federal law.
Miss. Code Ann.
				  §§
										23-15-573,
				  23-15-574.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 5 - Voter Rights › Rule 1-10-5.2 - Instructions for Voters Casting Affidavit Ballots

Current through June 25, 2024
When a person is offered the opportunity to vote by an
				  affidavit ballot in any election, he or shall must be provided with written
				  information which informs the voter how to determine whether his or her
				  affidavit ballot was counted and, if the vote was not counted, the reasons
				  therefor. These written instructions, which must be substantially similar to
				  those attached as Exhibit C, must be completed to provide the contact telephone
				  number of the Circuit Clerk's Office, the County Election Commission (in
				  general and special elections) and/or the appropriate County Executive
				  Committee (in primary elections).
Miss. Code Ann.
				  §§
										23-15-169.5,
				  23-15-572.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 5 - Voter Rights › Rule 1-10-5.4 - Voter Initiative

Current through June 25, 2024
"Constitutional Initiative in Mississippi: A Citizen's
				  Guide" is a handbook which explains Mississippi law allowing citizens to
				  propose changes to the state constitution through the initiative process. This
				  guide is available on the Secretary of State's website at
www.sos.ms.gov.
Miss. Code Ann. §
										23-17-1
				  through §
										23-17-61(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 5 - Voter Rights › Exhibit 1-10-5-C - Instructions for Voters Casting Affidavit Ballots

Current through June 25, 2024
You have cast an affidavit ballot
				  because:
You are not registered to vote because you may have been
				  illegally denied registration;
or
You are eligible to vote in this election; you are a
				  resident of this precinct and lawfully registered to vote in this county at
				  least 30 days prior to this date,
and
:
* You have moved recently from an old street address, as
				  provided on your affidavit ballot envelope, to a new address, also provided on
				  your affidavit ballot envelope;
or
* You have not moved recently, but your name is not on the
				  pollbook;
or
* You did not present photo ID;
or
* You have a religious objection to being photographed;
or
* You do not otherwise qualify under state or federal law to
				  cast a regular Election Day ballot.
If you cast an affidavit ballot because you did not present
				  photo ID, your affidavit ballot will not be rejected for this reason if you
				  present acceptable photo ID in the Circuit Clerk's Office within the next five
				  (5) business days. If you do not present acceptable photo ID in the Circuit
				  Clerk's Office within the next five (5) business days, your affidavit ballot
				  will not be counted.
If you cast an affidavit ballot because you did not present
				  photo ID based upon a religious object to being photographed, your affidavit
				  ballot will not be rejected for this reason if you complete an Affidavit of
				  Religious Objection in the Circuit Clerk's Office within the next five (5)
				  business days. If you do not complete an Affidavit of Religious Objection in
				  the Circuit Clerk's Office within the next five (5) business days, your
				  affidavit ballot will not be counted.
Under federal and state law, you are entitled to discover
				  the disposition of your affidavit ballot. Please contact your party executive
				  committee (in primary elections), your election commission (in general and
				  special elections) or your Circuit Clerk to determine whether your affidavit
				  ballot was counted and, if not, then why. Please do not telephone the contact
				  until ten (10) days from today.
CONTACT: ___________________________
TELEPHONE NUMBER:
				  ______________________________
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 6 - Voting System Standards › Rule 1-10-6.1 - Adding Contested Candidates to Official Ballot

Current through June 25, 2024
In the event that a candidate has met the qualification
				  deadline but has not been certified by the appropriate election officials, it
				  is the policy of the Secretary of State's Office to initially include the name
				  of that candidate in the Statewide Elections Management System (SEMS) under the
				  following condition:
Candidates who are known to be in the process of
				  exercising their statutory right of appeal will be given the consideration of
				  proceeding with the process of inputting the candidate information and building
				  the database.
Candidates who are unknown or who did not exercise their
				  statutory right of appeal will not be included on the ballot.
Immediately upon ruling from the appeal process, action must
				  be taken by the appropriate election official to mark the candidate status in
				  SEMS as
Certified
if the ruling is for their name to appear on
				  the ballot, or
Withdrawn
if the name is to be stricken from
				  the ballot. Depending on the timing of the ruling, additional modification and
				  verification may need to be enacted in the GEMS database as well.
The integration between the Statewide Elections Management
				  System (SEMS) and the TSX Voting System provides many advantages to both the
				  counties and the State in creating the TSX database and documenting election
				  results. In the ballot build process, it is easier and less time consuming to
				  remove a candidate name from the ballot than it is to add a new candidate name
				  in SEMS and the TSX system after the process of building the ballot is
				  underway.
As with all ballot preparation and approval, it is the
				  responsibility of the officials in charge of the election to ensure the
				  accuracy of the final ballot product.
Miss. Code Ann. §
										23-15-169.5(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 6 - Voting System Standards › Rule 1-10-6.2 - Diebold Optical Scanner System

Current through June 25, 2024
The voting systems software shall be programmed based on
				  functional requirements to facilitate a uniform manner in which "Election
				  Results Reports" will be generated on Diebold Optical Scanners (OS
				  units).
An "Election Results Report" is the summary tape which
				  contains election vote totals. This report will be set in the Global Elections
				  Management System (GEMS) database as the default report. A detailed report is
				  available for printing from the GEMS server.
Senate Bill 2857 (2004
				  Regular Session).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 7 - Voter Registration Policies and Procedures › Rule 1-10-7.1 - Mail-in Voter Registration Form

Current through June 25, 2024
All local registrars shall use a uniform voter registration
				  form for registering citizens who register by mail. This voter registration
				  form is provided on the Secretary of State's website at
www.sos.ms.gov.
Federal law requires the states to accept and use the mail-in
				  voter registration application form described in the National Voter
				  Registration Act (NVRA) for registration of voters in elections for federal
				  office. Further, NVRA requires states to designate as voter registration
				  agencies all offices that provide public assistance and offices that provide
				  state-funded programs to persons with disabilities. These designated agencies
				  are required to distribute with each application for assistance the mail-in
				  voter registration application form described in the National Voter
				  Registration Act.
Miss. Code Ann. §
										23-15-47(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 7 - Voter Registration Policies and Procedures › Rule 1-10-7.3 - Statewide Elections Management System

Current through June 25, 2024
A uniform voter registration form (Exhibit E) shall be used
				  by all local registrars for registering citizens who enter the registrar's
				  office for use with the Statewide Elections Management System (SEMS). The form
				  is available on the Secretary of State's website at
www.sos.ms.gov
.
Miss. Code Ann. §
										23-15-169.5(1972);
				  §
										23-15-39(1),
				  as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 8 - Election Policies and Information › Rule 1-10-8.1 - Mississippi Guide to Elections

Current through June 25, 2024
Mississippi Guide to Elections is a comprehensive guide to
				  the election process in Mississippi which is forwarded to all Circuit Clerks
				  and Municipal Clerks, County Election Commissions and State Party Executive
				  Chairs for their reference needs.
Miss. Code Ann. §
										23-15-1
				  through §
										23-15-1111(1972).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 8 - Election Policies and Information › Rule 1-10-8.2 - Voter Identification for Unverified Voters

Current through June 25, 2024
On election day, poll workers must require unverified voters
				  to present one of the following forms of identification:
1. A current and valid photo identification;
				or
2. A copy of a current utility
				bill, bank statement, government check, paycheck, or other government document
				that shows the name and address of the voter.
Unverified voters who do not present identification as
				  required under HAVA may cast an affidavit (provisional)
				  ballot.
Miss. Code Ann. §
										23-15-169.5(1972);
				  P.L.
				  107-252
				  (2002).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 8 - Election Policies and Information › Rule 1-10-8.3 - Ballot Bags

Current through June 25, 2024
The term "ballot box" includes any ballot bag or container
				  of a type that has been approved for use in elections by the Secretary of
				  State. Such ballot bags or containers may be used for any purpose for which a
				  ballot box may be used under the provisions of law regulating elections in
				  Mississippi or any other purpose authorized by the rules and regulations
				  adopted by the Secretary of State.
Ballot bag specifications:
A. All ballot bags utilized in an election
				must be comprised of a sufficient material and security system so as to prevent
				ballots from being tampered with before, during or after the conduct of the
				election.
B. Procedures which
				document the chain-of-custody of the bag and the tracking of seals used each
				time the bag is opened must be incorporated into the use of the ballot
				bag.
C. Additionally, al ballot
				containers must be compliant with the security, confidentiality and integrity
				requirements of the Help America Vote Act of 2002.
Miss. Code Ann. §
										23-15-3(1972);
				  Senate Bill 2829 (2007 Regular Session).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 8 - Election Policies and Information › Rule 1-10-8.4 - County Election Commissioner Compensation

Current through June 25, 2024
A per diem claim form (Exhibit F) is to be used by
				  commissioners and provides that each commissioner sign an oath to be notarized
				  to the effect that they are reporting correct time worked and also that the
				  commission chairman sign verifying the accuracy of the commissioner's reported
				  title.
HB 685
				  (2001).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 9 - Electronic Pollbooks › Rule 1-10-9.1 - Definitions

Current through June 25, 2024
"Electronic Pollbook" shall mean a system of hardware and
				  software which provides an electronic and alphabetical list of Mississippi
				  registered voters by county which may be used in all polling places located
				  within that specific county on any election day. Electronic Pollbooks (EPB) may
				  be used in lieu of or in combination with paper-based pollbooks provided for in
				  Sections
				  23-15-125 and
				  23-15-541,
				  Miss. Code Ann., at the discretion of the county Circuit Clerk and/or County
				  Election Commission.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 9 - Electronic Pollbooks › Rule 1-10-9.2 - General Guidelines

Current through June 25, 2024
1. A county which
				opts to use EPBs in its polling places on any election day shall be solely
				responsible for all costs and expenses associated therewith.
2. An EPB shall contain the same voter
				information as that provided by paper-based pollbooks generated from the
				Statewide Elections Management System (SEMS) as set forth by Section
				23-15-125,
				Miss. Code Ann., for each registered voter within the specific precinct. Such
				information shall include:
1. Date of
				registration,
2. Voter Registration
				Number,
3. Name of
				Elector,
4. Residence
				Address,
5. Date of Birth,
				and
6. Name and Date of the
				Election.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 9 - Electronic Pollbooks › Rule 1-10-9.4 - System Security

Current through June 25, 2024
a. EPBs may not
				have access or connectivity to the internet. No data may be electronically
				transmitted via the internet by any EPB equipped with internet
				capability.
b. Nothing herein shall
				prohibit the use of a hub, switch or router to connect multiple EPBs within the
				same polling place so as to share data between those EPBs. Such hub, switch or
				router shall be air gapped and not have any internet connectivity.
c. Passwords and access to the EPBs are
				critical to election security and integrity. Users should adhere to a strict
				user name/password protocol when accessing the system and devices distributed
				to the polling locations.
d.
				Physical security of the EPBs and related election must be a priority as with
				all election-related equipment.
i. EPBs shall
				be stored in a secured location and
ii. Utilization of an access log shall be
				required for entry into the storage area.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 9 - Electronic Pollbooks › Rule 1-10-9.5 - Emergency Operations Preparedness

Current through June 25, 2024
1. County election
				officials choosing to utilize EPBs in any election shall draft, adopt and/or
				implement an emergency preparedness plan which outlines the processes and
				procedures to be followed by county election officials in the event of a
				failure of a technology failure. The plan must provide for the uninterrupted
				and continuation of the voting process under applicable Mississippi law. The
				processes and procedures of an emergency preparedness plan should be
				incorporated into poll manager training.
2. It is the recommendation of the Secretary
				of State for each county choosing to utilize the EPBs in any election to print
				paper pollbooks as well to serve as an emergency backup to the EPBs in the
				event of performance failure.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 9 - Electronic Pollbooks › Rule 1-10-9.6 - Training and Testing Prior to an Election

Current through June 25, 2024
1. The board of
				supervisors of each county, together with the Circuit Clerk and/or County
				Election Commission, are authorized, in their collective discretion, to permit
				County Party Executive Committees to use the EPBs in any Primary Election which
				is to be conducted by the respective County Party Executive Committee.
The board of supervisors of each county, together with the
				  Circuit Clerk and/or County Election Commission, are authorized, in their
				  collective discretion, to permit any municipality to use the EPBs in any
				  municipal primary, general or special which is to be conducted by the
				  respective Municipal Election Officials.
2. Included within the training required of
				poll workers pursuant to Section
				23-15-239,
				Miss. Code Ann., shall be training dedicated to the proper use of the EPBs.
				Training topics shall include but not necessarily be limited to the following:
a. Opening and closing the EPB,
b. Checking-in voters,
c. Verifying voters,
d. Manual voter look-up in the polling place
				and county-wide,
e. Electronic
				voter look-up when the EPB is equipped with an ID scanner,
f. Encoding a Voter Access Card,
g. Issuing a "regular" Election Day
				ballot,
h. Issuing a non-standard,
				paper Election Day ballot, and
i. 
				Marking voters as "VOTED," including absentee voters.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 9 - Electronic Pollbooks › Rule 1-10-9.7 - Storage and Maintenance

Current through June 25, 2024
The Circuit Clerk shall be the custodian of the EPBs
				  acquired by the county and shall be charged with the proper storage,
				  maintenance and repair of the county's EPBs.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.1 - General Information

Current through June 25, 2024
A. The terms "land"
				or "lands" and "property" are used interchangeably throughout these rules. Each
				term refers to real estate which has matured to the state because of nonpayment
				of taxes. Each term also includes improvements which may be situated on the
				property.
B. References to the
				"Secretary of State" shall be interpreted to mean the Public Lands Division of
				the Office of Secretary of State and the Assistant Secretary of State for
				public lands or both of them, except where a specific reference to another
				division of the Office of Secretary of State is made.
C. References to "chancery clerk" or "tax
				assessor" shall be interpreted to mean the chancery clerk or tax assessor of
				the county in which the land (for which patent application has been made) is
				situated.
D. References to
				"original owner" shall be interpreted to mean the owner of the title on the
				date of sale of land for taxes.
E.
				A "patent" or "land patent" is the instrument by which the state grants public
				lands. Subsequent conveyances are usually made by various types of "deed." A
				"special patent" is a patent granted to original owners or to those claiming
				through the original owners, who can satisfactorily prove that ownership passed
				into the state because of mistake, oversight, or unintentional
				default.
F. References to "books"
				or "records" maintained by the Secretary of State, whether general or specific,
				include manual and/or automated formats of such records.
G. Many of the procedures set forth in these
				rules are mandated by statute. If there should be a conflict between these
				rules and applicable statutes, the statute will govern.
H. All patents are issued with the approval
				of the Governor.
Miss. Code Ann.
				  §§
										29-1-21, 23,
				  81 (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.2 - Procedure Upon Receipt of Chancery Clerks' Certified Lists of Tax-Forfeited

Current through June 25, 2024
A. Each property on the list is reviewed and,
				if reasons are apparent why the property is not eligible for public sale, the
				description is marked for the attention of the Attorney General. Such reasons
				include, but are not limited to the following:
1. The property is situated in the 16th
				Section of a township.
2. The legal
				description of the property is indefinite or defective.
3. The property is tidelands or other
				publicly owned property.
4. A sale
				error has occurred and the property should not have been listed.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.3 - Requirements for Purchase of Tax-Forfeited Lands

Current through June 25, 2024
A.
				Eligibility of purchaser. The following are ineligible to purchase
				tax-forfeited lands:
1. Corporations (except
				a banking corporation holding a mortgage or deed of trust on the tax-forfeited
				parcel at the time it matured to the state, which mortgage is still in force
				and effect).
2. Nonresident aliens
				may not purchase more than three hundred twenty (320) acres for industrial
				purposes and five (5) acres for residential purposes.
3. Associations composed in whole or in part
				of nonresident aliens.
4. Persons
				who have purchased one hundred and sixty (160) acres of tax-forfeited lands in
				the year in which the current application is made. (See Rule IV B. 2 for
				exceptions to this restriction.)
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.4 - Special Provisions for State Agencies, Counties, Municipalities or Political Subdivisions of the State

Current through June 25, 2024
A. The
				Secretary of State, with the approval of the Governor, may transfer lands to
				any other state agency, county, municipality or political subdivision of the
				state, which may then retain or dispose of said lands as provided by law. Miss.
				Code Ann. §
									29-1-21 and
				§
									29-1-51.
B. State agencies, counties, municipalities
				or political subdivisions shall have priority over all other applicants except
				the original owners, his heirs or assigns. Completed applications to purchase
				or requests for transfer by state agencies, counties, municipalities or
				political subdivisions shall be given priority in the order in which they are
				received.
Miss. Code Ann.
				  §§
										29-1-21, 51
				  (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.5 - The Application Process

Current through June 25, 2024
A. Review by the
				Secretary of State. Applications shall be reviewed by the Secretary of State to
				determine if they have been fully and accurately completed and are accompanied
				by proper payment. Applications determined to be incomplete, illegible or
				defective shall be returned to the applicant with written reasons for said
				return.
B. Applications determined
				to be complete and accepted shall be stamped, marking the date of receipt and
				processed in the order in which they are received. Miss. Code Ann. §
									29-1-37.
				(But note Rule IV, Rule V D. and Rule VII.)
a.
				The property described in the application shall be located in the County Sales
				Book to verify state ownership.
i. The
				applicant shall be notified if the property does not appear in the County Sales
				Book, if the property descriptions do not match precisely, or if the property
				has been sold.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.6 - The Patent Process

Current through June 25, 2024
A. Applications to
				purchase, once accepted by the Secretary of State as complete, shall remain on
				file at least thirty (30) days before same are finally approved or disapproved
				(Waiting Period).
Miss. Code Ann. (1972)
§
									29-1-37.
B. During the thirty (30) day waiting period,
				the Secretary of State shall ascertain the current fair market value of the
				Parcel, using one or both of the following methods:
a. the Secretary of State shall request the county tax
				assessor to certify in writing the current fair market value of the Parcel and
				any improvements thereon, to the best of his information and belief,
				and/or
b. the Secretary of State
				may obtain an appraisal report of the real estate from a real estate appraiser
				chosen by the Secretary of State. The Secretary of State, in selecting a real
				estate appraiser, shall give preference to residents of the county in which the
				property is situated.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.7 - Issuing the Patent

Current through June 25, 2024
A. The property
				description contained in the application shall be compared with the description
				in the appropriate County Certificate Book and County Sales Book to verify they
				are precisely identical.
B. The
				patent shall be prepared completely and accurately and then signed by the
				Secretary of State and forwarded to the Governor for his approval and
				signature.
C. Special patents must
				also be signed by the Attorney General.
D. The patent shall be recorded in the County
				Certificate Book and the County Sales Book.
E. Notification of Tax Assessor and Chancery
				Clerk
a. The Secretary of State shall forward
				a letter to the chancery clerk which contains the following information:
i. The description of the property;
ii. The date of the patent;
iii. The name of the person or entity to whom
				the patent was issued; and
iv. The
				amount paid for the property, if any. Miss. Code Ann. §
											29-1-83.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.8 - Special Patents

Current through June 25, 2024
A. The Secretary of
				State shall make reasonable efforts to locate and notify persons eligible for a
				special patent to land for which an application for patent has been
				received.
B. The Secretary shall
				notify the applicant if he appears to be eligible for a special
				patent.
C. Persons eligible for a
				special patent include:
1. The original owner,
				his heirs, executors, or administrators;
2. Mortgagee at the time title matured in the
				state.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.9 - Rescission of Fraudulent or Erroneous Land Purchases and Cancellation of Related Patents

Current through June 25, 2024
A. A request for
				cancellation of patent shall be made in writing by the patentee and shall be
				forwarded to the Secretary of State together with the original patent and a
				cancellation fee of fifty ($50.00) dollars, payable by certified check or money
				order.
B. The Secretary of State
				shall investigate the case and report to the Attorney General.
C. If the Attorney General verifies that the
				lands patented did not belong to the state, the Secretary of State shall cancel
				the patent and refund the amount paid to and retained by the state for the
				patent.
D. The Secretary of State
				shall notify the chancery clerk, the tax assessor and the patentee of the
				cancellation of patent.
E. The
				refund to the patentee shall be issued by the Secretary of State (Finance
				Office). (Refunds are barred after six (6) years.)
Miss. Code Ann.
				  §§
										29-1-85,
				  87 (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.10 - Duplicate Patent

Current through June 25, 2024
A. When any patent
				made by the Secretary of State shall be lost or destroyed, upon the application
				of the person interested, the Secretary of State may make a duplicate patent to
				the same person to whom the original patent was made. A request for a duplicate
				patent shall be made in writing and shall be accompanied by a fee of
				twenty-five ($25.00) dollars, payable in certified funds or by money
				order.
B. The duplicate patent
				shall be marked "Duplicate," and shall have the same effect as the original
				patent. The date of the duplicate patent shall be the same as the date of the
				original patent.
C. Any patent not
				filed for recording with the chancery clerk within six (6) months from the date
				of issuance shall be null and void and of no effect. MISS. CODE ANN. §
									29-1-81(1972).
				The Secretary of State will not issue a duplicate patent unless the written
				request is received in his office less than six (6) months after the date of
				the original patent.
Miss. Code Ann.
				  §§
										29-1-81,
				  111 (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 1 - Tax Forfeited Lands › Rule 1-11-1.11 - Applications Made Prior to 1980

Current through June 25, 2024
All applications to purchase tax-forfeited lands dated
				  December 31, 1979 or before, and still appearing on the record books of the
				  division as outstanding and unprocessed, shall be canceled immediately without
				  further notice to or correspondence with the applicant.
Should the applicant at a later date wish to purchase the
				  tax-forfeited lands, he will be required to complete a new application and
				  conform to all existing processing procedures. He will be given priority above
				  all applicants except owner/heirs other state agencies, counties,
				  municipalities or political subdivisions of the state.
Miss. Code Ann. §
										29-1-111
				  (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 2 - Tidelands › Rule 1-11-2.1 - Intent

Current through June 25, 2024
The intent and purpose of these rules is:
A. To aid in fulfilling the public trust
				responsibilities of the State of Mississippi for the administration, control
				and leasing of public trust tidelands;
B. To ensure maximum benefit of public trust
				tidelands for all citizens of the State of Mississippi;
C. To ensure public access to public trust
				tidelands;
D. To administer,
				manage, protect, enhance and restore public trust tidelands so that the public
				purposes to which they are devoted can be accomplished. These purposes include,
				but are not limited to, navigation; transportation; commerce; industry;
				fishing; bathing, swimming and other recreational activities; development of
				mineral resources; environmental protection and preservation; the enhancement
				of aquatic, avarian and marine life; and sea agriculture;
E. To ensure that all public and private
				occupants of public trust tidelands who are not statutorily exempt provide
				adequate compensation for the privilege of such occupancy.
Miss. Code Ann. §
										29-15-3
				  (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 2 - Tidelands › Rule 1-11-2.3 - Scope and Effective Date

Current through June 25, 2024
A. These rules
				apply only to the administrative control and leasing responsibilities of the
				Secretary of State regarding public trust tidelands. They do not apply to
				activities under the respective jurisdictions of the Department of
				Environmental Quality and/or the Department of Wildlife, Fisheries & Parks.
				These rules are considered cumulative; a person desiring a lease or affected by
				an administrative decision pursuant to these rules should consult other
				applicable federal, state and local laws and/or rules and
				regulations.
B. These rules are
				prospective in their application and shall not affect previously issued
				easements or leases concerning public trust tidelands. Fees and lease fees
				required under existing leases are not subject to the lease fee calculations
				set forth in these rules until the expiration(s), termination(s) and/or
				cancellation(s) of those leases, unless otherwise set forth in the existing
				lease contract.
Miss. Code Ann.
				  §§
										29-1-107
				  (Rev. 2007).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 11 - Public Lands › Chapter 2 - Tidelands › Rule 1-11-2.5 - Lease Procedure

Current through June 25, 2024
A. Any person who
				occupies public trust tidelands and whose activities thereon are not eligible
				for a lease exemption pursuant to Rule 4.C.(1), or statutorily exempt, must
				obtain a lease from the State of Mississippi.
B. Leases are divided into two categories:
				Standard leases and Aquaculture leases. Submerged lands, tidelands and fast
				lands ("reclaimed" or filled tidelands) are leased under a Standard Lease.
				Aquaculture activities require an Aquaculture Lease.
C. Standard Lease
(1) Applications for standard leases shall
				include the following information:
a. Name,
				address, telephone number and social security number of applicant and
				applicant's authorized agent, if applicable.
b. Location of property to be leased
				including county, section, township and range; affected waterbody; vicinity
				map, preferably a reproduction of the appropriate portion of the current United
				States Geological Survey quadrangle map.
c. Satisfactory evidence of title in
				applicant's upland riparian property or assignment to applicant from owner of
				upland riparian property of riparian rights together with satisfactory evidence
				of title of assignor's upland riparian property, if parcel sought to be leased
				abuts on property which is outside the public trust.
d.
(1) Two
				prints of a survey prepared, signed and sealed by a person properly registered
				as a land surveyor by the Mississippi State Board of Registration for
				Professional Engineers and Land Surveyors with the following requirements:
(i) Utilizing an appropriate scale on paper
				of a size adequate to provide sufficient clarity and detail;
(ii) Showing the line of mean high tide, if
				any;
(iii) Showing water
				depths;
(iv) Showing the location
				of shoreline and submerged vegetation, if any;
(v) Showing the location of any proposed
				structures and all existing structures, if any;
(vi) Showing the applicant's or assignor's
				upland parcel property lines, if property to be leased abuts on property which
				is outside the public trust;
(vii)
				Showing the primary navigation channels or direction to the center of the
				affected waterbody; and
(viii)
				Including a legal description for area to be leased.
e. A non-refundable application
				processing fee in the amount of $150.00.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 1 - Definitions › Rule 1-12-1-1.1 - Act

Current through June 25, 2024
As used herein, all references to "Act" or "the Act" shall
					 mean the "Preneed Cemetery and Funeral Registration Act" and any amendments
					 thereto.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 1 - Definitions › Rule 1-12-1-1.2 - Contract Beneficiary

Current through June 25, 2024
As used herein, all references to "Contract Beneficiary"
					 shall mean the person upon whose death will initiate the performance of a
					 preneed contract.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 1 - Definitions › Rule 1-12-1-1.3 - Division

Current through June 25, 2024
As used herein, all references to "Division" or "the
					 Division" shall mean the Regulation and Enforcement Division of the Mississippi
					 Secretary of State's Office.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 1 - Definitions › Rule 1-12-1-1.4 - Establishment

Current through June 25, 2024
As used herein, all references to "Establishment" or
					 "Preneed Establishment" or "Registered Establishment" shall mean the funeral
					 home, cemetery, or other providers of preneed merchandise and/or services that
					 sell and shall be required to perform a preneed contract.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 1 - Definitions › Rule 1-12-1-1.5 - Rules

Current through June 25, 2024
As used herein, all references to "Rules" or "these Rules"
					 shall mean the "Mississippi Preneed Cemetery and Funeral Registration Act
					 Rules."
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 12 - Regulation and Enforcement - Preneed Funeral Service and Mdse. and Perpetual Care Cemeteries Regulation › Subpart 1 - Mississippi Preneed Cemetery and Funeral Registration Act Rules › Chapter 1 - Definitions › Rule 1-12-1-1.6 - Secretary of State

Current through June 25, 2024
As used herein, all references to "the Secretary of State"
					 or "Secretary of State" shall mean the Mississippi Secretary of
					 State.
Miss. Code Ann.
					 §
											75-63-67
					 (Rev. 2009).