1 Miss. Code. R. 17-4.2

Current through December 10, 2024

Rule 1-17-4.2 - Cure process or rejected absentee ballots

(a) When a voter's absentee ballot is rejected due to the signature on the absentee application not corresponding to the signature on the absentee ballot envelope, the voter may cure the deficiency by completing an "Absentee Cure Form." The Absentee Cure Form, which must take the form as prescribed in these rules, must be delivered to the voter within one (1) business day of rejection of the voter's absentee ballot and include the notice of deficiency. The Absentee Cure Form may be delivered to the voter by mail, email, facsimile, or in-person at the registrar's office. The appropriate official in charge of the election shall complete the return due date on the Absentee Cure Form prior to sending to the voter.

(b) The Absentee Cure Form shall ask the voter to:

1 Declare that the voter submitted his/her absentee ballot;

2 Verify the voter's identity by either:

a Providing the voter's Mississippi Driver's License Number or DPS issued photo ID number;

b If the voter does not have a Mississippi Driver's License Number or DPS issued photo ID, providing the last four digits of his/her Social Security Number; or,

c If the voter has neither a Mississippi Driver's License Number or DPS issued photo ID, or the last four digits of his/her Social Security Number, attaching a legible copy of a state-accepted form of photo identification which lists the voter's name and address; an official federal, state, county or municipal document which lists the voter's name and address; or a utility or telephone bill or tax or rent receipt; and

d Sign and date the form prior to returning it.

(c) If a voter timely returns a completed Absentee Cure Form and the information provided verifies the voter's identity, the otherwise valid absentee ballot shall be counted in the final election results irrespective of any impairment previously identified. If a voter elects to attach a copy of a state-accepted identification document to the Absentee Cure Form, the address listed on such document need not match the voter registration address provided if the document otherwise verifies the voter's identity.

(d) Only the voter, or a person authorized by the voter named in writing on the form, may return the Absentee Cure Form to the registrar by email, facsimile, mail carrier, commercial carrier, or in-person. A completed Absentee Cure Form must be returned to the registrar by noon (12:00 p.m.) on the 10th calendar day post-election. If a completed Absentee Cure Form is not returned within the allotted time, then the voter's absentee ballot will stand as rejected and not be counted. An original copy of the affidavit is not required for timely delivery, but the signature on the affidavit must be unique to the individual. A typed signature is not acceptable.

Source: Miss. Code Ann. §§ 23-15-637; 23-15-639.

Absentee Cure Form

You are receiving this form because there was a deficiency on your absentee ballot application and/or absentee ballot envelope. For your absentee ballot to be counted, complete and return this cure form as soon as possible. This form must be received by your County Election Commissioners by 12:00 p.m. on _______________________________ (10^th day post-election). Please note that this is an actual receipt date and NOT a postmark date.

Once completed, the form can be returned to the officials in charge of the election by you or a person authorized by you. The cure form can be returned by:

* Email

* Facsimile (FAX)

* Delivering it in person to the registrar

* Mail or commercial carrier

If this form is not returned by the deadline, your absentee ballot will not be counted.

READ AND COMPLETE THE FOLLOWING:

I am an eligible voter in this election and registered to vote in _____________________ County, Mississippi. I solemnly swear or affirm that I requested, voted, and returned an absentee ballot for the ____________________ (date of the election) general/special/primary/runoff election and that I have not voted more than one ballot in this election.

____________________ __________________________

Voter's Name (Printed) Name of Person Authorized to Return

____________________ __________________________

Voter's Signature Signature of Person Authorized to Return

____________________ __________________________

Voter's Residential Address Relationship to Voter (if any)

____________________ __________________________

Voter's Date of Birth Address of Person Authorized to Return

____________________ __________________________

Voter's Driver's License #, DPS Issued Photo ID #, or Last Four of SSN

____________________

Date

1 Miss. Code. R. 17-4.2

Adopted 11/3/2020