Everything you need to know about ranked-choice voting in one spot. Click to learn more!

Processing, counting, and challenging absentee/mail-in ballots in Mississippi, 2020

From Ballotpedia
Jump to: navigation, search
Help desk logo notext.png
Ballotpedia's 2020 Election Help Desk
Use the buttons below to see Help Desk hubs for other years.
2022 »
Disputed results
Presidential election lawsuits and recounts
Post-election lawsuits
Frequently asked questions
General questions
Presidential election
Processing/counting mail ballots
Results and certification
Disputing results • Officeholder transitions
Absentee/mail-in voting analysis
Mail-in voting by state, 2016-2018
Mail-in rejection by state, 2016-2018
Uncalled races, 2018
When can states begin counting?
Processing, counting, and challenging ballots
Voting in 2020
Absentee/mail-in voting • Early voting • Voter ID
Poll opening and closing times
Recount laws by state
Recount margin requirements by state
U.S. Supreme Court actions
Elections by state

In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Mississippi for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

  • How ballots are processed and counted
  • Whether ballots can be challenged
  • Conditions for rejecting a ballot
  • Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Mississippi for the November 2020 election.

Absentee voting in Mississippi: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

Yes

What was the deadline for requesting a ballot by mail?

N/A

Was the request deadline a postmark or receipt deadline?

N/A

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Postmarked

Were there notary or witness requirements?

Notary or witness


Processing ballots

Officials in Mississippi began processing absentee/mail-in ballots on November 3, 2020. As of November 2020, Mississippi law included the following provision for processing absentee/mail-in ballots:

“ (1) In elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:

(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.

(c) Having observed and found the ballot to be regular as far as can be observed from its official endorsement, the election managers shall deposit it in the ballot box with the other ballots before counting any ballots and enter the voter’s name in the receipt book provided for that purpose and mark “VOTED” in the pollbook or poll list as if he had been present and voted in person. If voting machines are used, all absentee ballots shall be placed in the ballot box before any ballots are counted, and the election managers in each precinct shall immediately count such absentee ballots and add them to the votes cast in the voting machine or device.

(2) In elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:

(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the unopened envelope shall be marked “ACCEPTED” and the election managers shall enter the voter’s name in the receipt book provided for that purpose and mark “VOTED” in the pollbook or poll list as if he had been present and voted in person.

(c) All absentee ballot envelopes shall then be placed in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county. The official in charge of the election shall open the envelopes marked “ACCEPTED” and remove the ballot from the envelope.

(d) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.

When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.[2]

”


See law: MS Code § 23-15-639 (2019)

Counting ballots

Officials in Mississippi began counting absentee/mail-in ballots at 7:00pm on November 3, 2020. As of November 2020, Mississippi law included the following provision for counting absentee/mail-in ballots:

“ (1) In elections in which direct recording electronic voting systems are not utilized, the examination and counting of absentee ballots shall be conducted as follows:

(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the envelope shall then be opened and the ballot removed from the envelope, without its being unfolded, or permitted to be unfolded or examined.

(c) Having observed and found the ballot to be regular as far as can be observed from its official endorsement, the election managers shall deposit it in the ballot box with the other ballots before counting any ballots and enter the voter’s name in the receipt book provided for that purpose and mark “VOTED” in the pollbook or poll list as if he had been present and voted in person. If voting machines are used, all absentee ballots shall be placed in the ballot box before any ballots are counted, and the election managers in each precinct shall immediately count such absentee ballots and add them to the votes cast in the voting machine or device.

(2) In elections in which direct recording electronic voting systems are utilized, the examination and counting of absentee ballots shall be conducted as follows:

(a) At the close of the regular balloting and at the close of the polls, the election managers of each voting precinct shall first take the envelopes containing the absentee ballots of such electors from the box, and the name, address and precinct inscribed on each envelope shall be announced by the election managers.

(b) The signature on the application shall then be compared with the signature on the back of the envelope. If it corresponds and the affidavit, if one is required, is sufficient and the election managers find that the applicant is a registered and qualified voter or otherwise qualified to vote, and that he has not appeared in person and voted at the election, the unopened envelope shall be marked “ACCEPTED” and the election managers shall enter the voter’s name in the receipt book provided for that purpose and mark “VOTED” in the pollbook or poll list as if he had been present and voted in person.

(c) All absentee ballot envelopes shall then be placed in the secure ballot transfer case and delivered to the officials in charge of conducting the election at the central tabulation point of the county. The official in charge of the election shall open the envelopes marked “ACCEPTED” and remove the ballot from the envelope.

(d) Having observed the ballot to be regular as far as can be observed from its official endorsement, the absentee ballot shall be processed through the central optical scanner. The scanned totals shall then be combined with the direct recording electronic voting system totals for the unofficial vote count.

When there is a conflict between an electronic voting system and a paper record, then there is a rebuttable presumption that the paper record is correct.[2]

”


See law: MS Code § 23-15-639 (2019)

Mississippi law included the following provision for who may count absentee/mail-in ballots:

“ Before every election, the election commissioners shall appoint three (3) persons for each voting precinct to be poll managers, one (1) of whom shall be designated by the election commissioners as election bailiff. For general and special elections, the poll managers shall not all be of the same political party if suitable persons of different political parties can be found in the district. If any person appointed shall fail to attend and serve, the poll managers present, if any, may designate someone to fill his or her place; and if the election commissioners fail to make the appointments or in case of the failure of all those appointed to attend and serve, any three (3) qualified electors present when the polls should be opened may act as poll managers. Provided, however, any person appointed to be poll manager or act as poll manager shall be a qualified elector of the county in which the polling place is located.[2] ”


See law: MS Code § 23-15-231 (2019)

Mississippi law included the following provision for poll watchers:

“ (1) The following persons shall be designated as authorized challengers and shall be allowed to challenge the qualifications of any person offering to vote:

(a) Any candidate whose name is on the ballot in the precinct in which the challenge is made;

(b) Any official poll watcher of a candidate whose name is on the ballot in the precinct in which the challenge is made;

(c) Any official poll watcher of a political party for the precinct in which the challenge is made;

(d) Any qualified elector from the precinct in which the challenge is made; or

(e) Any poll manager or poll worker in the polling place where the person whose qualifications are challenged is offering to vote.[2]

”


See law: MS Code § 23-15-571 (2019)

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Mississippi law included the following provision for challenging ballots:

“ If an affidavit is required, the appropriate election officials shall examine the affidavit of each absentee ballot envelope. If the officials are satisfied that the affidavit is sufficient and that the absentee voter is otherwise qualified to vote, an official shall announce the name of the voter and shall give any person present an opportunity to challenge in like manner and for the same cause as the voter could have been challenged had he presented himself personally in such precinct to vote. The ineligibility of the voter to vote by absentee ballot shall be a ground for a challenge. Also, the officials shall consider any absentee voter challenged when a person has previously filed a written challenge of such voter’s right to vote. The election officials shall handle any such challenge in the same manner as other challenged ballots are handled.[2] ”


See law: MS Code § 23-15-643 (2019)

As of November 2020, Mississippi law included the following provisions for handling challenged ballots:

“ (1) All votes, which shall be challenged at the polls, whether the question be raised by a poll manager or another authorized challenger, shall be considered by the poll managers at that time.

(2) When it so clearly appears in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary or oral evidence then presented to the poll managers, that the challenge is well taken, the vote shall be rejected entirely and shall not be counted. In such case, the challenged voter shall mark his or her choices and cast his or her vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll manager on the back “REJECTED” and the name of the voter and the reason the ballot of the challenged voter was rejected shall also be written on the back of the ballot. All rejected ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all rejected ballots shall be placed in a separate strong envelope and returned to the box.

(3) When it so clearly appears in the unanimous opinion of the poll managers, either by the admissions or statements of the person challenged or from documentary or oral evidence then presented to the poll managers, that the challenge is frivolous and not made in good faith, the poll managers shall disregard the challenge and the voter shall cast his or her vote as other voters in the polling place as though not challenged.

(4) When it does not so clearly appear whether the challenge is well taken or frivolous and no unanimous decision can be made by the poll managers, the challenged voter shall mark his or her choices and cast his or her vote by paper ballot. After the ballot has been marked by the challenged voter, it shall be marked by the poll managers on the back “CHALLENGED,” and the name of the voter and the reason the challenge of the voter was made shall also be written on the back of the ballot. All challenged ballots shall be placed in the ballot box until the close of the polls at which time, upon the opening of the ballot box, all challenged ballots shall be removed therefrom and separately counted, tallied and totaled with a separate return made of the challenged votes. Challenged ballots shall be placed in a separate strong envelope, and returned to the ballot box.[2]

”


See law: MS Code § 23-15-579 (2019)

“ (3) A person offering to vote may be challenged upon the following grounds:

(a) That the voter is not a registered voter in the precinct;

(b) That the voter is not the registered voter under whose name the voter has applied to vote;

(c) That the voter has already voted in the election;

(d) That the voter is not a resident in the precinct where the voter is registered;

(e) That the voter has illegally registered to vote;

(f) That the voter has removed his or her ballot from the polling place; or

(g) That the voter is otherwise disqualified by law.[2]

”


See law: MS Code § 23-15-571 (2019)

Rejecting ballots

As of November 2020, Mississippi law included the following provision for rejecting absentee/mail-in ballots:

“ (1) If an affidavit or the certificate of the officer before whom the affidavit is taken is required and such affidavit or certificate is found to be insufficient, or if it is found that the signatures do not correspond, or that the applicant is not a duly qualified elector in the precinct, or otherwise qualified to vote, or that the ballot envelope is open or has been opened and resealed, or the voter is not eligible to vote absentee or that the voter is present and has voted within the precinct where he represents himself to be a qualified elector, or otherwise qualified to vote, on the date of the election at such precinct, the previously cast vote shall not be allowed. Without opening the voter’s envelope the commissioners of election, designated executive committee members or election managers, as appropriate, shall mark across its face “REJECTED”, with the reason therefor.

(2) If the ballot envelope contains more than one (1) ballot of any kind, the ballot shall not be counted but shall be marked “REJECTED”, with the reason therefor. The voter’s envelopes and affidavits, and the voter’s envelope with its contents unopened, when such vote is rejected, shall be retained and preserved in the same manner as other ballots at the election. Such votes may be challenged in the same manner and for the same reasons that any other vote cast in such election may be challenged.

(3) If an affidavit is required and the officials find that the affidavit is insufficient, or if the officials find that the absentee voter is otherwise disqualified to vote, the envelope shall not be opened and a commissioner or executive committee member shall write across the face of the envelope “REJECTED” giving the reason therefor, and the registrar shall promptly notify the voter of such rejection.[2]

”


See law: MS Code § 23-15-641 (2019)

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]

As of November 2020, Mississippi law did not include a provision for curing ballots.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

See also


Footnotes

  1. ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
v • e
Ballotpedia's 2020 Election Help Desk
General informationHelp desk logo notext.png
Disputed results
Presidential election
Absentee and mail voting
Absentee/mail-in voting: Eligibility • Request deadlines • Request requirements • Return deadlines • Signature and witness requirements • Life cycle of an absentee/mail-in ballot • Processing, counting, and challenging ballots • When can states begin processing and counting ballots • What happens if I vote by mail and want to change my ballot at a later date? • What happens if someone votes by mail and then tries to vote in person? • How do states protect and verify absentee/mail-in ballots? • How do election workers match signatures? • Do absentee/mail-in ballots take longer to count than in-person ballots? • Are results reported on election night coming from in-person or absentee/mail-in votes? • Do states report how many mail-in/absentee ballots are outstanding on election night? • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
Analysis, 2016-2018 • Counted ballots, 2016-2018 • Rejected ballots, 2016-2018 • Uncalled races, 2018
Election results certification
Disputing election results
Transition
Other
Voting in 2020
Retrieved from "https://ballotpedia.org/wiki/index.php?title=Processing,_counting,_and_challenging_absentee/mail-in_ballots_in_Mississippi,_2020&oldid=8572545"