Mississippi Ballot Measure 2, Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment (2020)

Mississippi Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment
Election date November 3, 2020
Topic Elections and campaigns
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Mississippi measuresBallot Measure 1 (Initiative 65 and Alternative 65A)Ballot Measure 2Ballot Measure 3Submit

The Mississippi Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment was on the ballot in Mississippi as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported the following: *removing the requirement that a candidate for governor or elected state office receive the most votes in a majority of the state's 122 House of Representatives districts (the electoral vote requirement); *removing the role of the Mississippi House of Representatives in choosing a winner if no candidate receives majority approval; and *providing that a candidate for governor or state office must receive a majority vote of the people to win and that a runoff election will be held between the two highest vote-getters in the event that no candidate receives a majority vote.

A "no" vote opposed this amendment to establish runoff elections for governor and state offices, thereby maintaining the electoral vote requirement and the provision establishing that the House of Representatives vote for a winner in the event that no candidate receives a majority or in the event of a tie.

Election results

Mississippi Ballot Measure 2
Result		Votes	Percentage
Yes		984,788	79.28%
No		257,314	20.72%

Results are officially certified.

Source

Overview

What did this amendment change about statewide office elections in Mississippi?

See also: Ballot language and constitutional changes

Going into 2020, in Mississippi, a candidate for Governor or elected statewide office (Lieutenant Governor, Secretary of State, Attorney General, State Auditor, State Treasurer, Commissioner of Agriculture, and Commissioner of Insurance) was required to win the popular vote and the highest number of votes in a majority of the state's 122 House districts (the electoral vote). If no candidate secured majorities of both the popular and the electoral vote, under Article V, Section 141, the Mississippi House of Representatives considered the two highest vote-getters and voted to choose the winner. The election system was adopted in the state constitution of 1890.

The constitutional amendment removed the electoral vote requirement and the House of Representatives' role in choosing a winner in the event of a tie. The amendment provided that if a candidate for Governor of Mississippi or statewide elected office does not receive a majority vote of the people, the candidates proceed to a runoff election. The details of the runoff election were left to be provided through state law. The amendment was designed to first apply to the gubernatorial and statewide office elections in 2023.

A runoff election is a second general election conducted to determine which of the top vote-getters in the first general election will be elected to office. Runoffs occur in states that require candidates to receive a majority (as opposed to a plurality) of the vote to win an election. Two states conduct general election runoffs for select federal and state-level offices: Georgia and Louisiana.

Why was this measure on the ballot?

See also: Background and Path to the ballot

Four African-American citizens filed a federal lawsuit (McLemore v. Hosemann) backed by the National Redistricting Foundation on May 30, 2019, alleging that the electoral vote requirement was racially discriminatory and violated the U.S. Constitution and the Voting Rights Act. The plaintiffs sought a preliminary injunction to block enforcement of the electoral vote requirement for the 2019 gubernatorial election. On November 1, 2019, the court acknowledged that the electoral vote requirement was likely unconstitutional, but noted that "courts have allowed elections to proceed under unconstitutional rules where it is simply too late to make a change" and denied to grant a preliminary injunction. On December 13, 2019, the court stayed litigation surrounding the election requirements to give the state legislature a chance to remove the constitutional provisions during the 2020 legislative session and said that "if the amendment process falls short, then there would be ample time to resume this litigation and resolve the matter before the 2023 election cycle."

This amendment was introduced as House Concurrent Resolution 47 by Rep. Jim Beckett (R) on February 17, 2020. The House adopted the measure in a vote of 109-6 on June 28 and the Senate adopted the measure in a vote of 49-2 on June 29, 2020.

Had the Mississippi House of Representatives decided a gubernatorial election before?

See also: 1999 Mississippi gubernatorial election

The Mississippi House of Representatives had decided a gubernatorial election one time. In 1999, Ronnie Musgrove (D) received a plurality of the vote, 8,300 more votes than the next highest vote-getter, Mike Parker (R) in a contest with four candidates. Musgrove received 49.6% of the vote and Parker received 48.5% of the vote. Musgrove and Parker each won 61 of the state's 122 House districts. Since neither candidate won a majority (over 50%) of the vote and neither candidate won a majority of the state's House districts, the Democratic-controlled Mississippi House of Representatives decided the election. The House chose Musgrove on January 4, 2000, in a vote of 86-36 along party lines.

Text of measure

Ballot question

The ballot question for the amendment was as follows:

“

This amendment provides that to be elected Governor, or to any other statewide office, a candidate must receive a majority of the votes in the general election. If no candidate receives a majority of the votes, then a runoff election shall be held as provided by general law. The requirement of receiving the most votes in a majority of Mississippi House of Representative's districts is removed. [] YES [] NO

”

Constitutional changes

See also: Mississippi Constitution

The measure amended section 140 of the Mississippi Constitution and repealed sections 141, 142, and 143 of the Mississippi Constitution. The following underlined text was added and struck-through text was deleted:

Note: Use your mouse to scroll over the below text to see the full text.

"Section 140. The Governor of the state and all statewide elected officials shall be chosen in the following manner: elected by the people in a general election to be held on the first Tuesday after the first Monday of November of A.D. 1895, 2023 and on the first Tuesday after the first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and. The person receiving in any county or such legislative district the highest a majority of the number of votes cast therein, in the election for said these offices , shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes." In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature declared elected. If no person received a majority of the votes, then a runoff election shall be held under procedures prescribed by the Legislature in general law. The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected. Section 141. If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted. Section 142. In case of an election of governor or any state officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other state officer so elected, during the term for which he shall be elected. Section 143. All other state officers shall be elected at the same time, and in the same manner as provided for election of Governor.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Mississippi State Legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 14, and the FRE is 35. The word count for the ballot title is 66, and the estimated reading time is 17 seconds.

Support

Supporters

Organizations

• National Redistricting Foundation

Arguments

• Vangela Wade, president and CEO of the Mississippi Center for Justice: "It’s crucial that this measure receives the support of the people. It’s abundantly clear that Mississippi’s election system was designed to exclude African Americans from positions of power. The structure is a product of election law written in 1890 during the Jim Crow Era. ...To dismantle Mississippi’s racist voting system, it is critical for voters to say 'yes' to this initiative."
• Eric Holder, former United States Attorney General and chairman of the National Democratic Redistricting Committee: "Today’s vote by the Mississippi legislature is a welcome, and overdue, step in the repealing of a discriminatory law from the Jim Crow era. The National Redistricting Foundation initiated a lawsuit last year challenging these discriminatory constitutional provisions that have for too long diminished the voices of African Americans in Mississippi. As our country reviews its past, I remain hopeful that we will continue to address these unfair, painful parts of our history and set in place laws that live up to America’s founding ideals."
• The National Redistricting Foundation: "The Mississippi legislature passed a proposed constitutional amendment that, if approved by voters in November, will remove a racially discriminatory law designed to restrict the voting rights of African Americans. Due to pressure from a National Redistricting Foundation lawsuit filed last year, the state is finally casting out a post-Reconstruction era electoral scheme designed to maintain white control of the state government and prevent African-American voters in Mississippi from having a real voice in their representation."

Opposition

Aside from the votes against the measure in the state legislature, If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Mississippi ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

Ballotpedia did not identify any committees registered in support of or in opposition to the measure.

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

A poll conducted between October 23 and October 26, 2020, found that 54% of respondents planned to vote in favor of Ballot Measure 2, 25% planned to vote against it, and 21% were undecided. Poll results are detailed below.

Mississippi Ballot Measure 2
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Civiqs poll 10/23/20 - 10/26/20	54.0%	25.0%	21.0%	+/-5.3	507
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

McLemore v. Hosemann lawsuit

Four African-American citizens filed a federal lawsuit (McLemore v. Hosemann) backed by the National Redistricting Foundation on May 30, 2019, alleging that the electoral vote requirement was racially discriminatory and violated the U.S. Constitution and the Voting Rights Act. Plaintiffs sought a preliminary injunction to block enforcement of the electoral vote requirement for the 2019 gubernatorial election. On November 1 2019, the court acknowledged that the electoral vote requirement was likely unconstitutional, but noted that "courts have allowed elections to proceed under unconstitutional rules where it is simply too late to make a change" and denied to grant a preliminary injunction. On December 13, 2019, the court stayed litigation surrounding the election requirements to give the state legislature a chance to remove the constitutional provisions during the 2020 legislative session and said that "if the amendment process falls short, then there would be ample time to resume this litigation and resolve the matter before the 2023 election cycle."

1999 Mississippi gubernatorial election

The Mississippi House of Representatives has decided a gubernatorial election one time. In 1999, Ronnie Musgrove (D) received a plurality of the vote, 8,300 more votes than the next highest vote-getter, Mike Parker (R) in a contest with four candidates. Musgrove received 49.6% of the vote and Parker received 48.5% of the vote. Musgrove and Parker each won 61 of the state's 122 House districts. Since neither candidate won a majority (over 50%) of the vote and neither candidate won a majority of the state's House districts, the Democratic-controlled Mississippi House of Representatives decided the election. The House chose Musgrove on January 4, 2000, in a vote of 86-36 along party lines.

Runoff elections

See also: Runoff election

A runoff election is a second general election conducted to determine which of the top vote-getters in the first general election will be elected to office. Runoffs occur in states that require candidates to receive a majority (as opposed to a plurality) of the vote to win an election. Two states conduct general election runoffs for select federal and state-level offices: Georgia and Louisiana.

A primary runoff is a second primary election conducted to determine which of the top vote-getters in the first primary will be awarded the party nomination for an office. Primary runoffs can occur in states that require candidates to receive a majority (as opposed to a plurality) of the vote to win an election. A primary runoff can also be triggered when no candidate meets a minimum threshold of votes to win a contest, such as in North Carolina, which requires a candidate to receive 30 percent of the vote plus one to win. Ten states conduct primary runoffs: Alabama, Arkansas, Georgia, Mississippi, North Carolina, Oklahoma, South Carolina, South Dakota, Texas and Vermont. In Vermont, primary runoff elections are only held in the case of a tie vote. South Dakota only conducts runoffs for congressional and gubernatorial races.

Majority vs. plurality voting systems

See also: Majority voting system, Plurality voting system

A majority voting system is an electoral system in which the winner of an election is the candidate that received more than half of the votes cast. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters.

A plurality voting system is an electoral system in which the winner of an election is the candidate that received the highest number of votes. The candidate does not need to win a majority of votes to be elected. This system is sometimes referred to as first-past-the-post or winner-take-all. This is the most common voting system used in the United States.

For example, if 100 votes are cast and Candidate A received 45 votes, Candidate B received 30 votes, and Candidate C received 25 votes, Candidate A won a plurality of votes (the highest number) but did not win a majority of votes. In a majority voting system, the winner would need to receive 51 votes, or 50%+1.

Election policy on the ballot in 2020

In 2020, voters in 14 states voted on 18 ballot measures addressing election-related policies. One of the measures addressed campaign finance, one were related to election dates, five addressed election systems, three addressed redistricting, five addressed suffrage, and three addressed term limits.

Click Show to read details about the election-related measures on statewide ballots in 2020.

Election-related policy ballot measures in 2020

Campaign finance See also: Campaign finance on the ballot a Oregon Measure 107: Measure 107 authorizes the state legislature and local governments to (1) enact laws or ordinances limiting campaign contributions and expenditures; (2) require disclosure of contributions and expenditures; and (3) require that political advertisements identify the people or entities that paid for them. Going into the election, Oregon was one of five states with no limits on campaign contributions. Election dates a New Mexico Constitutional Amendment 2: The amendment allowed the state legislature to pass laws adjusting the election dates of state or county officeholders and adjusting office terms according to those date changes. Under the measure, laws proposing adjustments to election dates of non-statewide officeholders must be supported by a legislative finding that such a change would promote consistency or that it would evenly distribute the number of offices appearing on the ballot. Election systems a Alaska Ballot Measure 2: Ballot Measure 2 replaced the state's partisan primaries with open top-four primaries for state executive, state legislative, and congressional offices and established ranked-choice voting for general elections, including the presidential election, in which voters would rank the candidates. Ballot Measure 2 also required persons and entities that contribute more than $2,000 that were themselves derived from donations, contributions, dues, or gifts to disclose the true sources, as defined in the law, of the political contributions. a Colorado Proposition 113: In 2019, the Colorado State Legislature passed a bill to add Colorado to the National Popular Vote Interstate Compact (NPVIC). NPVIC member states have agreed to give the state’s electoral votes to the presidential candidate who wins the national popular vote, provided the NPVIC goes into effect. The NPVIC was designed to go into effect if states representing at least 270 electoral votes join the NPVIC. The campaign Protect Colorado's Vote filed a veto referendum to overturn the law, which resulted in Proposition 113. On November 3, voters upheld the law and voted in favor of adding Colorado to the NPVIC. d Florida Amendment 3: Amendment 3 would have replaced Florida's closed primaries with top-two open primaries for elected state offices. Under Amendment 3, all candidates would have run in the same primary election. The top-two candidates, regardless of their partisan affiliation, would have moved on to the general election under Amendment 3. d Massachusetts Question 2: Question 2 would have enacted ranked-choice voting (RCV) for primary and general elections for state executive officials, state legislators, federal congressional representatives, and certain county offices. As of 2020, statewide elections in Massachusetts used a plurality voting system. a Mississippi Ballot Measure 2: As of 2020, Mississippi required that a candidate for governor or elected state office receive the most votes in a majority of the state's 122 state House of Representatives districts (known as the electoral vote requirement). Ballot Measure 2 repealed this requirement. Instead, Ballot Measure 2 provided that a candidate for governor or state office must receive a majority vote to win and that a runoff election would be held between the two highest vote-getters in the event that no candidate receives a majority vote. Redistricting See also: Redistricting measures on the ballot a Missouri Amendment 3: In 2018, Missouri voters approved Amendment 1, the Lobbying, Campaign Finance, and Redistricting Initiative, which created the nonpartisan state demographer responsible for state legislative redistricting. Amendment 3 repealed the nonpartisan state demographer and returned the state to the use of bipartisan redistricting commissions, with changes to the number and selection of commissioners. The 2020 amendment also maintained the criteria of competitiveness and partisan fairness that was enacted in 2018, but it loosened the partisan fairness requirement and required that population, voter rights abridgment, contiguous districts, simple shapes, and the rules for counties be considered with a higher priority. a New Jersey Public Question 3: As of 2020, the New Jersey Constitution required the state legislative redistricting commission to pass a redistricting plan within a month of receiving the official census data. Question 3 postponed state legislative redistricting until after the election on November 2, 2021, should the state receive federal census data after February 15, 2021. The U.S. Census Bureau asked Congress to extend the deadline to deliver census data from April 1, 2021, to July 31, 2021, due to delays related to the coronavirus pandemic. a Virginia Question 1: Question 1 transferred the power to draw the state's congressional and legislative districts from the state legislature to a redistricting commission composed of state legislators and citizens. Going into 2020, the Virginia General Assembly was responsible for drawing the state's congressional and state legislative district boundaries. The redistricting plans were passed as legislation and subject to the governor's veto power. Suffrage See also: Suffrage on the ballot a Alabama Amendment 1: Amendment 1 amended the Alabama Constitution to state that "only a citizen of the United States," rather than "every citizen of the United States," who is 18 years old or older has the right to vote in Alabama. a California Proposition 17: Proposition 17 amended the state constitution to allow people with felonies who are on parole to vote; therefore, the ballot measure kept imprisonment as a disqualification for voting but removed parole status. Going into 2020, the California Constitution disqualified people with felonies from voting until the completion of their imprisonment and parole. d California Proposition 18: Proposition 18 would have allowed 17-year-olds who will be 18 at the time of the next general election to vote in primary elections and special elections. a Colorado Amendment 76: Amendment 76 amended the Colorado Constitution to state that “only a citizen”, instead of "every citizen", of the U.S. who is 18 years of age or older can vote in Colorado. Under the Colorado Votes Act, which went into effect in August 2019, individuals who are 17 years of age at the time of a primary election but who will be 18 years of age at the time of a general election were allowed to register to vote and vote in the primary election. According to the Colorado Blue Book, prevents 17-year-olds from voting. a Florida Amendment 1: Amendment 1 amended the Florida Constitution to state that “only a citizen” of the U.S. who is 18 years old or older can vote in Florida instead of saying that "every citizen" of the U.S. who is 18 years old or older can vote in Florida. Term limits and term lengths See also: Term limits on the ballot a Arkansas Issue 2: Issue 2 changed term limits of state legislators to twelve consecutive years with the opportunity to return after a four-year break. The 12-year limit applied to anyone elected in 2021 or after. Going into 2020, Arkansas legislators could serve up to 16 years throughout their lifetimes in the House or Senate. d Kentucky Constitutional Amendment 2: The amendment would have increased the office terms of commonwealth's attorneys from six years to eight years starting in 2030; increased the office terms of district judges from four years to eight years starting in 2022; and changed attorney licensing requirements for district judges from two years to eight years beginning in 2022. d Missouri Amendment 1: Amendment 1 would have limited the lieutenant governor, secretary of state, state auditor, and attorney general to two terms of office in a lifetime. Going into 2020, the state constitution limited the governor and state treasurer to two terms of office in a lifetime but not the other executive offices.

Legislatively referred constitutional amendments in Mississippi

Since 1998, six legislatively referred constitutional amendments appeared on the ballot in Mississippi. Five were approved (83.33%) and one (16.67%) was defeated. The last time the legislature referred a constitutional amendment to the ballot was the Right to Hunt and Fish Amendment of 2014, which was approved.

Path to the ballot

See also: Amending the Mississippi Constitution

In Mississippi, for a legislatively referred constitutional amendment to be certified for the ballot, two-thirds of each house of the Mississippi State Legislature must vote to put it there. The absolute number of those voting in favor must be equal to at least a majority of the members elected to each house.

This amendment was introduced as House Concurrent Resolution 47 on February 17, 2020. The measure was passed in the House on March 10, 2020, in a vote of 114-2. Both no votes came from Republican representatives. Five representatives either were absent, did not vote, or voted present. There was one vacancy. The Senate amended the resolution and the House declined to concur. A conference committee was formed and the bill was amended and adopted by the House in a vote of 109-6 on June 28 and by the Senate in a vote of 49-2 on June 29, 2020. There were two vacancies in the House at the time of the vote.

Vote in the Mississippi House of Representatives June 28, 2020
Requirement: Two-thirds (66.67 percent) vote of those present in each chamber, provided the vote is a majority of all members
Number of yes votes required: 77  a
	Yes	No	Not voting
Total	109	6	5
Total percent	90.83%	5.00%	4.17%
Democrat	44	2	0
Republican	64	4	5
Independent	1	0	0

Vote in the Mississippi State Senate June 29, 2020
Requirement: Two-thirds (66.67 percent) vote of those present in each chamber, provided the vote is a majority of all members
	Yes	No	Not voting
Total	49	2	1
Total percent	94.2%	1.65%	4.13%
Democrat	14	2	0
Republican	35	0	1

How to cast a vote

See also: Voting in Mississippi

Click "Show" to learn more about voter registration, identification requirements, and poll times in Mississippi.

How to cast a vote in Mississippi

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times All polling places in Mississippi are open from 7:00 a.m. to 7:00 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Registration requirements To register in Mississippi, prospective voters must be United States citizens, residents of their county in Mississippi for at least 30 days, and at least 18 years old by Election Day. Registration applications must be submitted by mail or in person to the local circuit clerk’s office at least 30 days before an election. Mailed applications must be postmarked by this date. Automatic registration Mississippi does not practice automatic voter registration. Online registration See also: Online voter registration Mississippi does not permit online voter registration. Same-day registration Mississippi does not allow same-day voter registration. Residency requirements To register to vote in Mississippi, you must be a resident of the state for at least 30 days. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Prospective voters registering for the first time must provide either their Mississippi driver’s license number or social security number. If neither is available, they must submit "a copy of a current and valid photo ID or a copy of a current utility bill, bank statement, government check, paycheck or other government document" showing their current address in order to verify their residency. Absentee voting See also: Absentee voting The following types of Mississippi voters are eligible to vote by absentee/mail-in ballot: Voters who are required to be at work while the polling places are open on Election Day, Voters who will be out of town while the polling places are open on Election Day, Voters who are 65 or older, Voters who have a permanent or temporary physical disability, or Voters temporarily residing outside their county of residence There is no specific deadline for applying for an absentee ballot. However, voters are encouraged to contact their local circuit or municipal clerk’s office to request an absentee ballot within 45 days of the election. Completed ballots must be postmarked on or before Election Day and received within five business days of the election in order to be counted. Returning absentee ballots See also: Mail ballot collection and return laws by state Completed ballots must be postmarked on or before Election Day and received within five business days of the election in order to be counted. On Wednesday, March 22, 2023, Governor Tate Reeves (R) signed Senate Bill 2358 into law, making it a crime to collect and submit mail-in ballots on behalf of others. The law prohibits anyone other than an election official, postal officer, family member, household member, caregiver or commercial carrier from submitting a ballot on behalf of another individual. The effective date of SB 2358 is July 1. Signature requirements and cure provisions Mississippi does not have a cure provision, or a law providing for a process where election officials follow up with voters about certain issues with signatures on their absentee ballots. Was your absentee ballot counted? As of April 2023, Mississippi did not have a statewide mail ballot tracking system. Voter identification requirements See also: Voter ID in Mississippi See also: Voter identification laws by state Mississippi requires voters to present photo identification while voting. The following list of accepted ID was current as of April 2023. Click here for the Mississippi Secertary of State page on accepted ID to ensure you have the most current information. Driver's license (including a Digital ID provided by the Mississippi Department of Public Safety) Photo ID card issued by a branch, department, or entity of the State of Mississippi United States passport Government employee ID card Firearms license Student photo ID issued by an accredited Mississippi university, college, or community/junior college United States military ID Tribal photo ID Any other photo ID issued by any branch, department, agency or entity of the United States government or any state government Mississippi Voter Identification Card Voters can obtain a Mississippi Voter Identification Card for free at any circuit clerk’s office in Mississippi. Voters can apply for a card during normal business hours (8:00 a.m. to 5:00 p.m.). Voters who need transportation to a circuit clerk’s office can call the secretary of state’s voter ID toll-free hotline at 1-844-678-6837, visit www.MSVoterID.ms.gov, or email MSVoterID@sos.ms.gov to schedule a ride. Transportation is free of charge. Background See also: Mississippi Voter Identification Amendment, Initiative 27 (2011) A 2011 voter ID amendment to the state constitution required an implementing statute and faced United States Department of Justice (DOJ) pre-clearance before it could take effect. In October 2012, the DOJ requested additional information about the law. Mississippi voters, therefore, did not have to show proof of identification to vote in the November 2012 general election. In January 2013, proposed administrative rules for the voter photo identification law were submitted to the DOJ for approval. These rules included a provision allowing for voters who lack an acceptable photo ID to obtain a free voter photo ID card by presenting the same identification materials accepted when a person registers to vote. Once the Supreme Court of the United States issued its ruling in Shelby County v. Holder, federal pre-clearance was no longer required. As a result, the voter ID law took full effect. As of May 2023, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 23 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards. Provisional balloting for voters without ID A voter who does not have an acceptable form of identification can cast a provisional ballot, also known as an affidavit ballot. For this ballot to be counted, the voter must either provide the proper ID, apply for a Mississippi Voter ID Card, or submit a religious exemption form within five business days after the election. Mississippi voters are required to present photo identification in order to vote in person. Accepted forms include a driver's license, U.S. passport, or photo ID issued by a branch or department of the state. Voters can obtain a Mississippi Voter Identification Card for free at any circuit clerk’s office in the state. Provisional ballot rules Voters in Mississippi are given affidavit ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances. (1) If the voter is unable to provide a valid form of photo identification, the voter has the right to cast an affidavit ballot. "A voter casting an affidavit ballot because he/she did not present an acceptable form of photo ID based upon a religious objection may not have his/her ballot rejected for this reason if he/she completes an Affidavit of Religious Objection in the Circuit or Municipal Clerk’s Office within five business days after Election Day," according to the Mississippi Voter Information Guide. "A voter casting an affidavit ballot because he/she did not present an acceptable form of photo ID may not have his/her ballot rejected for this reason if he/she presents an acceptable form of photo ID in the Circuit or Municipal Clerk’s Office within five business days after Election Day," according to the Mississippi Voter Information Guide. (2) If the voter is not registered to vote because he or she "may have been illegally denied registration," the voter has the right to cast an affidavit ballot. (3) If the voter’s name does not appear in the poll book, the voter has the right to cast an affidavit ballot. (4) If the voter has recently moved to a new address, the voter has the right to cast an affidavit ballot. (5) If the voter does not "qualify under state of federal law to cast a regular election Day Ballot," the voter has the right to cast an affidavit ballot. For the affidavit ballot to be counted, the voter must either provide the proper ID, apply for a Mississippi Voter ID Card, or submit a religious exemption form within five business days after the election. Was your provisional ballot counted? A provisional ballot is rejected in the following circumstances: If the voter is not registered to vote; If the voter voted in the wrong precinct; If the voter failed to provide proper identification; or If the voter did not complete the Affidavit of Religious Objection in the circuit or municipal clerk’s office. At least 10 days after the election, the voter can contact the party executive committee (in primary elections, the election commission (in general and special elections), or the circuit clerk to find out if his or her affidavit ballot was counted. Local election officials Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. Ballotpedia's Election Administration Legislation Tracker State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job. Here's the solution: Ballotpedia's Election Administration Legislation Tracker. Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do: Ballotpedia's election experts provide daily updates on bills and other relevant political developments We translate bill text into summaries that are easy-to-digest everyday language And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan The Ballot Bulletin The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves. Recent issues Click below to view recent issues of The Ballot Bulletin. The Ballot Bulletin: June 16, 2023 The Ballot Bulletin: June 9, 2023 The Ballot Bulletin: June 2, 2023 The Ballot Bulletin: May 26, 2023 The Ballot Bulletin: May 19, 2023 Subscribe Enter your email address below to subscribe to The Ballot Bulletin. Email * Please complete the Captcha above Primary election type See also: Primary elections in Mississippi A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Mississippi state law stipulates that an individual can only participate in a party's primary if he or she "intends to support the nominations made in the primary" in which he or she participates. However, this is generally considered an unenforceable requirement. Consequently, Mississippi's primary is effectively open. For information about which offices are nominated via primary election, see this article. Time off work for voting Ballotpedia did not find a law specifying whether voters must be given time off from work to vote in this state. Nolo.com notes that states without such state laws may have administrative regulations or local ordinances pertaining to time off for voting and suggests calling your local board of elections or state labor department for more information. If you know of a relevant policy in this state, please email us. As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions. Voting rules for people convicted of a felony See also: Voting rights for convicted felons In Mississippi, people convicted of one of the following felony offenses are permanently disqualified from voting, Article 12, Section 241 of the state's constitution: murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy. People convicted of other felony offenses automatically regain their voting rights upon completion of their sentence. People convicted of disqualifying felonies must individually request to regain their voting rights and either receive a pardon from the governor or receive a two-thirds majority vote in both houses of the Mississippi legislature, as specified by Article 12, Section 253 of the state's constitution]. Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter. Voter list maintenance All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA). The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory. When names can be removed from the voter list Mississippi law authorizes election officials to remove the names of voters from the registered voting list if an individual: requests to be removed from the list is determined to have moved outside of their voting jurisdiction dies is adjudicated to be of unsound mind is convicted of a “disenfranchising crime” - for example, arson, armed robbery, extortion, or murder remains in inactive status through two federal general elections. Inactive voter list rules If election officials, using National Change of Address data and other address and voter verification resources, determine that a voter has moved outside of their voting jurisdiction, they are to send the voter a confirmation card and change their registration status to inactive. If the voter does not return the card and fails to vote in the next two federal general elections, they are to be removed from the voter rolls. The Electronic Registration Information Center (ERIC) See also: Electronic Registration Information Center (ERIC) According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records, to provide member states with detailed reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor." As of April 2023, Mississippi was one of the 24 states not participatingin the ERIC program. Post-election auditing Mississippi state law does not require post-election audits. Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. According to the Election Assistance Commission, 40 states required some form of post-election audit as of May 2023. Typically, audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. Thirty-five states and the District of Columbia require this type of traditional post-election audit: Alaska, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wisconsin. Three additional states require risk-limiting post-election audits, which use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot: Colorado, Rhode Island, and Virginia. Two other states require procedural post-election audits, which review the entire election process, including vote totals, ballot chain of custody, and election worker training: Michigan and South Carolina. Election administration agencies Election agencies Seal of the U.S. Election Assistance Commission See also: State election agencies Individuals seeking additional information about voting provisions in Mississippi can contact the following local, state, and federal agencies. Mississippi County Election Officials Click here for a list Mississippi Secretary of State Office address: Heber Ladner Building, 401 Mississippi Street Jackson, Mississippi 39201-1004 Mailing address: P. O. Box 136 Jackson, Mississippi 39205-0136 Telephone: 601-576-2550 Tollfree: 800-829-6786 Fax: 404-651-9531 U.S. Election Assistance Commission 633 3rd Street NW, Suite 200 Washington, DC 20001 Telephone: 301-563-3919 Toll free: 1-866-747-1471 Election policy ballot measures See also: Elections and campaigns on the ballot and List of Mississippi ballot measures Ballotpedia has tracked the following ballot measures relating to election and campaign policy in Mississippi. Mississippi Voter Identification Amendment, Initiative 27 (2011) Mississippi Candidate Districts, Amendment 5 (1987) Mississippi Election of the Governor, Amendment 2 (1982) Election policy legislation The following is a list of recent election bills that have been introduced in or passed by the Mississippi State Legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan. Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently. Ballotpedia's election coverage Click the tiles below to navigate to 2023 election coverage, or use the map below: U.S. Congress special elections Governors Attorney general Other state executives State legislatures State ballot measures Local ballot measures State judges Local judges Municipal government School boards Recall Democratic primaries 2024 United States Senate Democratic Party primaries, 2024 United States House Democratic Party primaries, 2024 Democratic Party gubernatorial primaries, 2024 Democratic Party Secretary of State primaries, 2024 Democratic Party Attorney General primaries, 2024 State legislative Democratic primaries, 2024 Republican primaries 2024 United States Senate Republican Party primaries, 2024 United States House Republican Party primaries, 2024 Republican Party gubernatorial primaries, 2024 Republican Party Secretary of State primaries, 2024 Republican Party Attorney General primaries, 2024 State legislative Republican primaries, 2024 See also Voting in Mississippi Ballot access requirements for political candidates in Mississippi Redistricting in Mississippi Elections in Mississippi Mississippi elections, 2023 Mississippi elections, 2022 Mississippi elections, 2021 Mississippi elections, 2020 Mississippi elections, 2019 Mississippi elections, 2018 Mississippi elections, 2017 Mississippi elections, 2016 Mississippi elections, 2015 Mississippi elections, 2014 External links Mississippi Secretary of State - Elections Footnotes Voter ID requirements Mississippi requires voters to present photo identification while voting. The following list of accepted ID was current as of April 2023. Click here for the Mississippi Secertary of State page on accepted ID to ensure you have the most current information. Driver's license (including a Digital ID provided by the Mississippi Department of Public Safety) Photo ID card issued by a branch, department, or entity of the State of Mississippi United States passport Government employee ID card Firearms license Student photo ID issued by an accredited Mississippi university, college, or community/junior college United States military ID Tribal photo ID Any other photo ID issued by any branch, department, agency or entity of the United States government or any state government Mississippi Voter Identification Card Voters can obtain a Mississippi Voter Identification Card for free at any circuit clerk’s office in Mississippi. Voters can apply for a card during normal business hours (8:00 a.m. to 5:00 p.m.). Voters who need transportation to a circuit clerk’s office can call the secretary of state’s voter ID toll-free hotline at 1-844-678-6837, visit www.MSVoterID.ms.gov, or email MSVoterID@sos.ms.gov to schedule a ride. Transportation is free of charge.

See also

2020 measures

• 2020 ballot measures
• Elections and campaigns on the ballot
• State executive official measures on the ballot
• 2020 legislative sessions

Mississippi

• Mississippi ballot measures
• Mississippi ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Concurrent Resolution 47 full text
• 2020 Ballot Initiative Information
• 2020 Ballot Initiative Brochure
• 2020 General Election Sample Ballot