As Amended
SEC. 23-15-39. Form of application for registration; allowances for office supplies; determination on application; notice to applicant; assistance to applicant; voter registration number; fees and costs; forwarding of application.
[Until January 1, 2006, this section shall read as follows:]
(1) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a * * * form established by rule duly adopted by the Secretary of State.
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(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he resides within the city limits of a city or town in the county of registration, the county registrar shall forward notice of registration, a copy of the application for registration, and any changes to the registration when they occur, either by certified mail to the clerk of the municipality in which the application indicates the applicant resides, or by personal delivery to the clerk of the municipality provided that a numbered receipt is signed by the clerk in return for the described documents. Upon receipt of the copy of the application for registration or changes to the registration, and if a review * * * indicates that the applicant meets all the criteria necessary to qualify as a municipal elector, then the clerk of the municipality shall make a determination of the municipal voting precinct in which the person making the application shall be required to vote. The clerk shall send this municipal voting precinct information by United States first-class mail, postage prepaid, to the person at the address provided on the application. Any and all mailing costs incurred by the county registrar or the clerk of the municipality in effectuating this subsection shall be paid by the governing authority of themunicipality. If a review of the copy of the application for registration or changes to the registration indicates that the applicant is not qualified to vote in the municipality, the clerk of the municipality shall challenge the application. The municipal election commissioners responsible for the municipality shall review any * * * challenge or disqualification after having notified the applicant by certified mail of the challenge or disqualification.
(4) If the applicant indicates on the application that he has previously registered to vote in another county of this state or another state, the registrar or clerk shall on a monthly basis send notice of this new registration to the registrar or clerk of the county in this state or any other state that is indicated in the application as the voter's previous place of registration. The election commission of the voter's previous place of registration shall be responsible for having such voter's name erased from the appropriate registration book and pollbook.
(5) The registrar shall issue to the person making the application a copy of the application upon which has been written the county voting precinct in which the person shall vote. The registrar shall assign a voter registration number to the person which shall be that person's social security number if such a number is provided, and the voter registration number shall be clearly shown on the application.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he is a resident and may take the application with him and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be his duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. No fee or cost shall be charged the applicant by the registrar for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read to the person the application and oath and the person's answers * * * shall be recorded by the registrar or his deputy. The person shall be registered as an elector if he otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The registrar shall forward a copy of all * * * recorded responses to the Secretary of State and shall indicate which were approved for registration.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged * * *.
(9) In any case in which a municipality expands its corporate boundaries by annexation, the municipal clerk shall within ten (10) days after the effective date of the annexation, forward to the county registrar a map which accurately depicts the annexed area. The county registrar shall, within ten (10) days after the receipt of the map, forward to the municipal clerk a copy of the most recent county precinct or subprecinct pollbook for the county precincts * * * which are included in the annexed area * * *, or equivalent computer data or information as will permit the identification of county electors who reside in the annexed area. The municipal clerk shall add those county electors who have resided in the annexed area for at least thirty (30) days after annexation to the municipal registration books as registered voters of the municipality and shall forward to such persons written notification of such addition and of the municipal precinct or ward in which such persons reside.
[From and after January 1, 2006, this section shall read as follows:]
(1) Applications for registration as electors of this state, which are sworn to and subscribed before the registrar or deputy registrar authorized by law and which are not made by mail, shall be made upon a * * * form established by rule duly adopted by the Secretary of State.
* * *
(2) The boards of supervisors shall make proper allowances for office supplies reasonably necessitated by the registration of county electors.
(3) If the applicant indicates on the application that he resides within the city limits of a city or town in the county of registration, the county registrar shall process the application for registration or changes to the registration as provided by law. * * *
(4) If the applicant indicates on the application that he has previously registered to vote in another county of this state or another state, * * * notice to the voter's previous county of registration in this state shall be provided by the Statewide Centralized Voter System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence if the Statewide Centralized Voter system has that capability.
(5) The county registrar shall provide to the person making the application a copy of the application upon which has been written the county voting precinct and municipal voting precinct, if any, in which the person shall vote. Upon entry of the voter registration information into the Statewide Centralized Voter System, the system shall assign a voter registration number to the person, which shall be that person's current and valid Mississippi driver's license number, or if the person does not possess a current and valid Mississippi driver's license, the last four (4) digits of the person's social security number, if the number is provided. If the person does not have a current and valid Mississippi driver's license number and does not provide the last four (4) digits of his social security number, the Statewide Centralized Voter System shall assign the person a unique registration number. The assigned voter registration number shall be clearly shown on the application.
(6) Any person desiring an application for registration may secure an application from the registrar of the county of which he is a resident and may take the applicationwith him and secure assistance in completing the application from any person of the applicant's choice. It shall be the duty of all registrars to furnish applications for registration to all persons requesting them, and it shall likewise be his duty to furnish aid and assistance in the completing of the application when requested by an applicant. The application for registration shall be sworn to and subscribed before the registrar or deputy registrar at the municipal clerk's office, the county registrar's office or any other location where the applicant is allowed to register to vote. No fee or cost shall be charged the applicant by the registrar for accepting the application or administering the oath or for any other duty imposed by law regarding the registration of electors.
(7) If the person making the application is unable to read or write, for reason of disability or otherwise, he shall not be required to personally complete the application in writing and execute the oath. In such cases, the registrar or deputy registrar shall read to the person the application and oath and the person's answers thereto shall be recorded by the registrar or his deputy. The person shall be registered as an elector if he otherwise meets the requirements to be registered as an elector. The registrar shall record the responses of the person and the recorded responses shall be retained permanently by the registrar. The registrar shall enter the voter registration information into the Statewide Centralized Voter System and designate the entry as an assisted filing.
(8) The receipt of a copy of the application for registration sent pursuant to Section 23-15-35(2) shall be sufficient to allow the applicant to be registered as an elector of this state, if the application is not challenged * * *.
(9) In any case in which a municipality expands its corporate boundaries by annexation or redistricts all or a part of the municipality, the municipal clerk shall within ten (10) days after the effective date of the annexation or after preclearance of the redistricting plan under Section 5 of the Voting Rights Act of 1965, provide the county registrar with conforming geographic data that is compatible with the Statewide Centralized Voter System. The data shall be developed by the municipality's use of a standardized format specified by the Statewide Centralized Voter System. The county registrar shall update the municipal boundary information or redistricting information into the Statewide Centralized Voter System. The Statewide Centralized Voter System shall update the voter registration records to include the new municipal electors who have resided within the annexed area for at least thirty (30) days after annexation and assign the electors to the municipal voting precincts. The county registrar shall forward to the municipal clerk written notification of the additions and changes, and the municipal clerk shall forward to the new municipal electors written notification of the additions and changes. The Statewide Centralized Voter System shall correctly place municipal electors within districts whose boundaries were altered by any redistricting conducted within the municipality and assign such electors to the correct municipal voting precincts.
SOURCES: Derived from 1972 Code § 23-5-17 [ (Codes, 1942, § 3209.6; Laws, 1955, Ex ch. 102, § 1; Laws, 1960, ch. 449, § 1; Laws, 1962, ch. 569, § 1; Laws, 1965, Ex Sess, ch. 10, §§ 1-4) and § 23-5-303 (Codes, 1942, § 3203-502; Laws, 1972, ch 490, § 502; Laws, 1975, ch 502, § 1; Laws, 1984, ch. 457, § 1); repealed by Laws, 1986, ch 495, §§ 335, 337]; en Laws, 1986, ch. 495, § 12; Laws, 1988, ch. 350, § 3; Laws, 1991, ch. 440, § 8; Laws, 2000, ch. 592, § 1; Laws, 2001, ch. 308, § 1, SB 3003; Laws, 2004, ch. 305, § 9, SB 2857, eff July 12, 2004 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
PREVIOUS VERSIONS: Pre-2004