OMR voting equipment; prohibit from being capable of establishing wireless connections during an election., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Apportionment and Elections

By: Representative Sanford

House Bill 858

(As Sent to Governor)

AN ACT TO AMEND SECTION 23-15-507, MISSISSIPPI CODE OF 1972,
TO PROHIBIT OMR VOTING EQUIPMENT FROM BEING CAPABLE OF ESTABLISHING WIRELESS
CONNECTIONS DURING AN ELECTION; TO BRING FORWARD SECTIONS 23-15-533.1, 23-15-533.2
AND 23-15-533.3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT;
AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
23-15-507, Mississippi Code of 1972, is amended as follows:

23-15-507.  No OMR equipment
shall be acquired or used in accordance with this chapter unless it shall:

(a)  Permit eligible
voters to vote at any election for all persons for whom they are lawfully
entitled to vote; to vote for as many persons for an office as they are
lawfully entitled to vote; to vote for or against any ballot initiative,
measure or other local issue upon which they are lawfully entitled to vote;

(b) * * *The OMR equipment shall Be capable of rejecting
choices marked on the ballot if the number of choices exceeds the number that
the voter is entitled to vote for the office or on the measure;

(c)  Permit each voter,
in presidential elections, by one (1) mark to vote for the candidates of that
party for President, Vice President, and their presidential electors, or to vote
individually for the electors of their choice when permitted by law;

(d)  Permit each voter,
in other than primary elections, to vote for the nominees of one or more
parties and for independent candidates;

(e)  Permit each voter
to vote for candidates only in the primary in which he or she is qualified to
vote;

(f)  Permit each voter
to vote for persons whose names are not on the printed ballot;

(g)  Be suitably
designed for the purpose used, of durable construction, and may be used safely,
efficiently and accurately in the conduct of elections and the counting of
ballots;

(h)  Be provided with
means for sealing the ballots after the close of the polls;

(i)  When properly
operated, record correctly and count accurately all votes cast; * * * and

(j)  Provide the voter
with a set of instructions that will be displayed in such a way that a voter
may readily learn the method of voting * * *.; and

(k)  Not be capable
of establishing wireless connections when in use during an election; however,
this requirement does not prohibit wireless hardware within the voting system
so long as the hardware cannot be used during the election.

SECTION 2.  Section
23-15-533.1, Mississippi Code of 1972, is brought forward as follows:

23-15-533.1.  As used in this
subarticle:

(a)
"Department" means the Mississippi Secretary of State.

(b)  "Grant
program" means the "Mississippi Voting Modernization Grant
Program" established in Section 23-15-533.2.

(c)  "Voting
system" means any voting machine, voting device, precinct ballot scanner,
central scanner, ballot-marking device, ballot-on-demand printing system,
tabulation server or vote tabulating device, along with any operating software
for such machines and devices, that:

(i)  Does not
utilize pre-scored punch card ballots; and

(ii)  Produces
voter-verifiable paper ballots.

SECTION 3.  Section
23-15-533.2, Mississippi Code of 1972, is brought forward as follows:

23-15-533.2.  (1)  (a)
There is established within the department the Mississippi Voting Modernization
Grant Program which shall be administered by the department for the purpose of
reimbursing counties or disbursing funds to counties for the purchase of modern
voting systems.

(b)  The grant program
shall receive funds appropriated to the Mississippi Secretary of State therefor
from the Capital Expense Fund or other available source of money.

(2)  By August 31, 2022, the
department shall develop and promulgate rules to provide for:

(a)  The procedures of
the grant program not specifically enumerated in this subarticle; and

(b)  Other eligible
expenses related to the costs of conducting elections where a county has
previously purchased voting systems that qualifies under the requirements of
this subarticle.  Other eligible expenses include, but are not limited to:  (i)
encumbered debt of previously purchased voting machines; (ii) additional voting
machines; (iii) machine maintenance; (iv) software upgrades; (v) ballot-marking
devices; (vi) central scanners, (vii) ballot-on-demand printing systems, (viii)
electronic poll books; (ix) paper ballots or ballot-printing supplies; and (x)
costs associated with voter roll maintenance, such as printing confirmation
cards and postage.

(3)  To be eligible for
purchase under this grant program, any voting machine, voting device, precinct
ballot scanner, ballot marking device or vote tabulating device shall not have
the capability of wireless remote connections.

(4)  The department shall
review the application for funding submitted by each county and grant or deny
the application within thirty (30) days of the receipt of the application.

(5)  Before awarding a grant
to a county for the future purchase of a voting system, the department shall
require the county to provide a verified contract and purchase order.

SECTION 4.  Section
23-15-533.3, Mississippi Code of 1972, is brought forward as follows:

23-15-533.3.  (1)  For any
election held in this state after January 1, 2024, the officials in charge of
the election shall only use voting systems as defined by Section 23-15-533.1.

(2)  The board of
supervisors of any county may authorize the circuit clerk or election
commission to make application for grants under the procedures and within the
certification requirements established by the department.

(3)  Each county shall be
eligible to receive a pro rata share of the funds appropriated or otherwise
made available to the grant program based on the number of voting polling
places in that county.

(4)  Counties may apply for
grants for:

(a)  Purchasing of
voting system hardware, including the software necessary to operate that
hardware; and

(b)  Incurring of other
eligible expenses related to the costs of conducting elections only if:

(i)  The county is
already in compliance with subsection (1) of this section through previously
acquired voting hardware or software or both prior to April 19, 2022, that
would have been eligible for purchase under this grant program; or

(ii)  The county
will have funds remaining from its pro rata share provided for in subsection
(3) of this section after purchasing the necessary voting systems to bring the
county in compliance with subsection (1) of this section.

(5)  Any county receiving a
grant for the future purchase of a voting system shall submit proof of payment
to the department immediately upon completing the purchase.

(6)  Any county receiving
funds for the incurring of other eligible expenses shall first apply the
received funds under this grant program toward any existing indebtedness for
the purchase of voting hardware or software.

SECTION 5.  This act
shall take effect and be in force from and after July 1, 2026.