1 Miss. Code. R. 17-3.2 - Counting Absentee Ballots

(a) At a time determined by the officials in charge of the election, but not before the opening of the polls, the Resolution Board, established under Section 23-15-523, shall meet to process absentee ballots.

(b) The Resolution Board shall first break the seal on the ballot box containing the absentee ballot envelopes and absentee ballot applications, and remove the applications and envelopes containing the absentee ballots of such electors from the ballot box.

(c) The Resolution Board shall:

1) Announce the name, address, and precinct as shown on each absentee ballot application. (Miss. Code Ann. § 23-15-639(1)(a)).

2) Check for the original seal of the Circuit Clerk and original initials of the Circuit Clerk or deputy circuit clerk on the absentee ballot application.

a) If the seal or initials are not present, mark the absentee ballot envelope "REJECTED" and write the reason for the rejection on the envelope.

3) Ensure the absentee ballot application is signed by the voter.

a) If the application is not signed by the voter, mark the envelope "REJECTED" and write the reason for the rejection on the absentee ballot envelope.

b) EXCEPTION: Military and overseas voters ("UOCAVA") may use the Federal Post Card Application ("FPCA") to request an absentee ballot. The FPCA may be electronically signed by the voter, meaning the voter's name may be typewritten, instead of signed. A military or overseas absentee ballot must not be rejected for this reason.

4) Ensure the absentee ballot application is acknowledged or witnessed as required by law.

a) For voters who vote an absentee ballot in the Circuit Clerk's Office, the clerk or deputy clerk will complete the acknowledgement on the application. The acknowledgement is located near the bottom of the application and begins with the words "SWORN TO AND SUBSCRIBED BEFORE ME."

b) For voters who are temporarily or permanently disabled, a witness signs the certificate at the bottom of the application. The witness certificate is located below the acknowledgement and begins with the words "I HEREBY CERTIFY." An acknowledgement does not need to be completed on the application of a voter who is voting an absentee ballot because of a temporary or permanent disability.

c) The Federal Post Card Application (FPCA), used by military and overseas voters (UOCAVA), does not require an acknowledgement or a witness signature at all.

d) Excluding military and overseas voters (no acknowledgement or witness signature required) and voters who are voting absentee because of a temporary or permanent disability (witness signature only required), all absentee ballot applications must be acknowledged by the Circuit Clerk, a deputy clerk or "someone authorized to administer oaths," such as a notary public.

i) If the application is not acknowledged as required by law or signed by a witness (for absentee voters who are temporarily or permanently disabled only), mark the absentee ballot envelope "REJECTED" and write the reason for the rejection on the envelope.

5) Ensure the absentee ballot envelope is signed by the voter across the flap of the envelope.

a) If the ballot envelope is not signed by the voter across the flap of the envelope, mark the envelope "REJECTED" and write the reason for the rejection on the envelope.

b) EXCEPTION: The envelope of an absentee ballot returned by a military or overseas (UOCAVA) voter by e-mail or fax will not be signed by the voter. These ballots are received by the Circuit Clerk's Office, placed in an envelope by the Circuit Clerk or a deputy clerk and marked to indicate the ballot is a UOCAVA (military or overseas) voter. A military or overseas (UOCAVA) absentee ballot must not be rejected for this reason.

6) Ensure the absentee ballot envelope is acknowledged or witnessed as required by law, and the witness signed across the flap of the envelope.

a) For voters who vote an absentee ballot in the Circuit Clerk's Office, the Circuit Clerk or a deputy clerk will acknowledge the voter's signature on the absentee envelope by signing across the flap of the envelope.

b) For voters who are temporarily or permanently disabled, a witness to the voter's signature signs the certificate by signing across the flap of the envelope. An acknowledgement does not need to be completed on the absentee ballot envelope of a voter who is temporarily or permanently disabled.

c) The absentee ballots of military and overseas (UOCAVA) voters who return their ballots by e-mail or fax to the Circuit Clerk's Office are placed in an absentee ballot envelope by the Circuit Clerk or deputy clerk and marked to indicate the ballot is that of a military or overseas (UOCAVA) voter.

d) Excluding military and overseas (UOCAVA) voters and voters who are voting by absentee because of a temporary or permanent disability, all absentee ballot envelopes must be acknowledged by the Circuit Clerk, a deputy clerk of "someone authorized to administer oaths," such as a notary public.

i) If the envelope is not acknowledged as required by law or signed by a witness (for absentee voters who are temporarily or permanently disabled only), mark the envelope "REJECTED" and write the reason for the rejection on the envelope.

7) Compare the voter's signature on the absentee ballot application to the voter's signature across the flap of the absentee ballot envelope.

a) If the signatures are clearly not the same (beyond any doubt), mark the absentee ballot envelope "REJECTED", write the reason for the rejection on the envelope, and process pursuant to Rules 4.1 and 4.2.

8) Check the BP-001 to ensure the absentee voter is still a qualified elector of the county and precinct associated with the absentee ballot.

9) If the absentee voter is listed on the BP-001 as no longer being a qualified voter, (voter is listed on the Voided ballots pages of BP-001) mark the absentee ballot envelope "REJECTED" and write the reason for the rejection on the envelope.

10) Provide the poll watchers the opportunity to challenge every absentee ballot in the same manner and for the same reasons any other voter may be challenged, and take immediate action.

11) If everything is in order, mark the UNOPENED absentee ballot envelope "ACCEPTED."

12) Mark whether the ballot was Accepted or Rejected on the BP-001 provided by the officials in charge of the election.

(d) The Resolution Board, after marking all absentee ballots as "Accepted" or "Rejected," shall sort the ballots grouping the "Accepted" ballots together and grouping the "Rejected" ballots together.

1) The "Rejected" ballots shall be bundled together in a separate strong envelope marked for "Rejected" ballots and returned to a ballot box, which will be sealed.

2) The "Accepted" ballots, after verifying the ballots were marked "Accepted," may be opened by the Resolution Board and deposited into a sealed ballot box, without unfolding the ballot. The "Accepted" absentee ballot envelopes and applications shall be retained in a sealed and secure ballot box to preserve the record of the election.

(e) After the close of the polls at 7:00 p.m., the Resolution Board will open the ballot box containing the accepted absentee ballots, record the seal number, and count the votes:

1) In elections in which an optical mark scanner or digital central scanner is used, the Resolution Board, or designated election official under oath, shall immediately begin processing the accepted ballots through the central scanner.

2) In elections in which a central scanner is not utilized, the Resolution Board shall immediately begin hand-counting all accepted absentee ballots.

(f) The totals shall then be combined with the precinct tabulation totals for the unofficial vote count.

(g) The Resolution Board may recess as necessary and resume meeting as necessary at any time during the canvass of the election prior to certification by the officials in charge of the election, which may include returning after five (5) business days to mark as "Accepted" or "Rejected" any absentee ballots returned by mail during the allowable time. The Resolution Board should announce the time, date, and location when the meeting shall resume at the recess of the previous meeting.

Notes

1 Miss. Code. R. 17-3.2

Miss. Code Ann.§§ 23-15-637; 23-15-639(3); 23-15-523.

Adopted 12/5/2015 Amended 5/13/2019 Amended 11/3/2020