1 Miss. Code. R. 10-5.3

Current through December 10, 2024

Rule 1-10-5.3 - Affidavit Voting Process for Unverified Voters who Cast Absentee Ballots

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.

1 Miss. Code. R. 10-5.3

Miss. Code Ann. §§ 23-15-169.5, 23-15-572.

Amended 6/10/2018