Mississippi Administrative Code › Title 1 - Secretary of State › Part 10 - Elections - Voting and HAVA Compliance › Chapter 5 - Voter Rights › Rule 1-10-5.3 - Affidavit Voting Process for Unverified Voters who Cast Absentee Ballots

Current through June 25, 2024
If any person who presents to vote by an absentee ballot
				  declares he or she is an eligible and registered voter in the jurisdiction in
				  which he or she offers to vote by absentee ballot, but
a) His or her name does not appear in the
				Statewide Elections Management System; or
b) His or her name is not related to the
				correct residence address in the Statewide Elections Management System by
				reason of a failure to timely update the voter's registration information;
c) He or she is flagged in the
				Statewide Elections Management System as a HAVA unverified first time voter and
				is unable to present the required identification, or
d) Is unable to present an acceptable form of
				photo identification in accordance with Mississippi's voter photo
				identification law,
the Circuit Clerk's Office shall permit the voter to cast an
				  affidavit absentee ballot.
The absentee voter shall be permitted to cast an absentee
				  ballot in accordance with Section
				  23-15-621,
et seq.
, Miss. Code Ann., including the completion of the
				  absentee ballot application, sealed in an absentee ballot application envelope,
				  voting of the paper absentee ballot and sealing of the same in a signed
				  absentee ballot envelope, all as required by Mississippi law.
The absentee voter shall also be required to execute the
				  written affidavit of an affidavit ballot envelope, attesting he or she:
a) Is eligible to vote in the election; or
b) Is not able to cast a regular
				election day ballot under a provision of state or federal law but is otherwise
				qualified to vote; or
c) Has been
				illegally denied registration; or
d) Is unable to present an acceptable form of
				identification.
The absentee voter must complete the affidavit ballot
				  envelope by providing:
a) His or her
				complete name,
b) A current
				residence and mailing address,
c) A
				previous residence and mailing address,
d) Telephone number,
e) Date of birth, last four of his/her social
				security number and/or driver's license number, and
f) Signature.
The Circuit Clerk or a deputy clerk must also sign the
				  affidavit ballot envelope.
When a person is offered the opportunity to vote by
				  affidavit ballot, he or she shall be provided with written information that
				  informs the person how to ascertain whether his or her affidavit ballot was
				  counted and, if the vote was not counted, the reasons the vote was not counted.
In canvassing the returns of the election, the executive
				  committee in primary elections, or the election commissioners in other
				  elections, shall examine the records and determine whether to accept or reject
				  the affidavit portion of the affidavit/absentee in accordance with Mississippi
				  law. The affidavit/absentee ballots of those the election officials determine
				  to accept the affidavit portion shall be processed by the poll workers in or of
				  the polling place in which the voter is registered to vote. The
				  affidavit/absentee ballots of those the election officials determine to reject
				  the affidavit portion shall be retained, unopened, with all other election
				  materials for the statutory required time.
The affidavit portion of an affidavit/absentee ballot voter
				  who was unable to present an acceptable form of photo identification may not be
				  rejected for this reason if the voter:
(i) Returns to the circuit clerk's office, or
				to the municipal clerk's office for municipal elections, within five (5)
				business days after the date of the election and presents an acceptable form of
				photo identification;
(ii) Returns
				to the circuit clerk's office within five (5) business days after the date of
				the election to obtain the Mississippi Voter Identification Card, or in
				municipal election, returns to the municipal clerk's office within five (5)
				business days after the date of the election to present his or her Mississippi
				Voter Identification Card or Temporary Mississippi Voter Identification Card;
				or
(iii) Returns to the circuit
				clerk's office, or to the municipal clerk's office for municipal elections,
				within five (5) business days after the date of the election to execute a
				separate Affidavit of Religious Objection.