A GUIDE TO VOTING IN MISSISSIPPI WHEN IN PRISON

A GUIDE TO

VOTING IN

MISSISSIPPI

WHEN IN

PRISON

Help Assistance and Attachments

Step 5 Complete Your Absentee Ballot

Step 4

Complete Your Absentee Ballot Application

Step 3 Request Your Absentee Ballot Application

Step 2 Register to Vote

Step 1

Are You Eligible to Vote?

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THE PURPOSE OF THIS GUIDE

1. Determine if you are eligible to vote.

If so, continue. If not, stop here.

2. Mail your Voter Registration Form

(to add you to the voter rolls)

Mail anytime, but to vote in an upcoming election, it must be postmarked at least 30 days

before that election.

Your Circuit Clerk then mails you your Voter Registration Card (if not, still continue).

3. Mail your letter requesting an Absentee Ballot Application

These requests can be mailed beginning 60 days before that election.

à Your Circuit Clerk then mails you an Absentee Ballot Application.

4. Mail your Absentee Ballot Application

These applications can be mailed beginning 45 days before that election.

à Your Circuit Clerk then mails you an Absentee Ballot

5. Mail your Absentee Ballot

These ballots can be mailed anytime after receipt but must be postmarked by election day

and received by 5 business days after the election.

à Your Circuit Clerk then process your ballot and your vote should count

•

Mississippi Center for Justice

•

Southern Poverty Law Center

•

Mississippi Votes

If you’re an eligible voter and encounter difficulties voting in prison

or jail, you should

immediately contact your County Circuit Clerk

and the Mississippi Secretary of State

via the Secretary’s Elections

Answerline (1-800-829-6786); office (601-576-2550); or by mail

(401 Mississippi St., Jackson, MS 39205).

If you try to contact your county and state officials and are still

having trouble voting, we can be reached at 601-709-2139 (M/W/F,

2-6 pm)

Hello!

Eligible voters in prison and jail in Mississippi have the legal right to

vote absentee by mail-in ballot. This guide is to help eligible voters

incarcerated in Mississippi register to vote and vote—a five step

process.

In Step 1, you determine if you are eligible to vote in Mississippi. If

you are, in Steps 2, 3, 4, and 5, you mail documents to your Circuit

Clerk to apply to vote absentee and to vote by absentee ballot.

Then you’re done! The next time you vote, you’ll already be

registered, so you just need to do Steps 3, 4, and 5.

THE 5 STEPS TO VOTING

GETTING HELP

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•

OneVoice

•

RECH Foundation

•

MPRC

•

J.B. Fndn / T.O.P.S. of MS

•

People in prison and their

loved ones on the outside

CREATED BY:

IN PARTNERSHIP WITH:

Help

If you had trouble voting, you contacted or tried to contact your County Circuit Clerk and/or the

Secretary of State’s Office (see p.2 for contact information) on ____________ (date).

Step 5

You received your Absentee Ballot from your Circuit Clerk on ____________ (date).

You signed & mailed your Absentee Ballot to your Circuit Clerk on _________ (date).

Step 4

You received your Absentee Ballot Application from your Circuit Clerk on ____________ (date).

You signed & mailed your Absentee Ballot Application to your Circuit Clerk on _________ (date).

Step 3

You signed & mailed your letter requesting an Absentee Ballot Application to your Circuit Clerk

on ________ (date).

Step 2

You signed & mailed your Voter Registration Form to your Circuit Clerk on ____________ (date).

You received your Voter Registration Card from your Circuit Clerk on ____________ (date).

Step 1

You reviewed the four eligibility criteria and determined you are eligible to vote.

YOUR DATE

TRACKING

WORKSHEET:

FILL OUT

& KEEP

FOR YOUR

RECORDS

9/29/20A Guide to Voting in Mississippi When in Prison (v21) Rev.2 3

or MS Votes

STEP 1:

ARE YOU

ELIGIBLE

TO VOTE

1. You are a U.S. citizen and will be at least 18 years old by the date of the next

election.

2. You have not been declared mentally incompetent by a court.

3. You have never been convicted in a Mississippi state court of any of

Mississippi’s 22 “disenfranchising” offenses, listed in the pages that follow.

4. Before incarceration, you were a resident of Mississippi and of a county, city,

or town (your “residence”) for at least 30 days.

It’s a felony to register to vote or vote if one is ineligible due to conviction of a “disenfranchising” offense.

VOTER ELIGIBILITY CRITERIA:

YOU CAN VOTE IF ALL FOUR STATEMENTS ARE TRUE FOR YOU

When in Jail/Prison, Use These As Locations On All Voting Materials:

Your County Circuit Clerk

Your “residence” = where you lived prior to incarceration

Your “physical address” (not prison/jail)

Your “mailing address”

Your return mailing = your current jail/prison

address

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MORE INFO ON

STEP 1:

ARE YOU

ELIGIBLE TO

VOTE

1. vote fraud

2. armed robbery

3. arson

4. bad check (felony)

5. bigamy

6. bribery

7. carjacking

8. embezzlement (felony)

9. extortion

10. forgery

11. Larceny

12. murder

13. obtaining money or goods

under false pretense

14. perjury

15. rape

16. receiving stolen property

17. robbery

18. shoplifting (felony)

19. statutory rape

20. theft (felony)

21. timber larceny

22. unlawful taking of a vehicle

MISSISSIPPI’S 22 DISENFRANCHISING CRIMES

THAT TAKE AWAY YOUR RIGHT TO VOTE FOR LIFE IN MISSISSIPPI

See the next page for a list of certain criminal code sections included in these 22

disenfranchising offenses, grouped by offense.

See Attachment A for the same list in order of criminal code section number.

All dispositions which would count as a conviction for one of these crimes are disenfranchising.

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Unfortunately, if you have ever been convicted of any of the 22 crimes

on the previous page, even if you’ve completed your sentence, you

are not eligible to vote in Mississippi. It’s a serious felony to vote if not

eligible. Please note that previously incarcerated Mississippians are

currently challenging Mississippi’s disenfranchisement laws in court.

Stop here if you do not satisfy

all four eligibility criteria.

If you satisfy all four eligibility criteria (and have never been convicted

of a disenfranchising crime), continue to Step 2 to register to vote!

MORE INFO ON

STEP 1:

ARE YOU

ELIGIBLE TO

VOTE

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Mail it anytime, but to

vote in an upcoming

election, it must be

postmarked at least 30

days before that

election. (Post it by

Oct. 5 for the

11/3/2020 election)

VOTER REGISTRATION FORM

(SEE ATTACHMENT E FOR A BLANK FORM YOU CAN USE)

1. Complete the form. No copy of an ID is needed if you use the last four digits

of your social security number or driver’s license number.

2. You sign it.

3. Write “voting mail” on the envelope and mail it to your Circuit Clerk.***

STEP 2:

TO VOTE

Make a note of the

date you mailed it out.

When Voting from Prison or Jail,

Complete Forms Using the Following Locations For All Voting Materials:

Your County Circuit Clerk

Your “residence” =the place you lived before incarceration

Your “physical address” (not a prison or jail address)

Your “mailing address” =your current prison or jail address

(where you’ll receive voting mail)

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***

OPTIONAL: The non-profit MS Votes will forward the completed Voter Registration Form of any

incarcerated person to their Circuit Clerk by U.S. Postal Certified Mail or hand delivery. If have at least 15 extra

days to spare before the registration deadline (not including the time needed for MS Votes to receive your

form), then you may choose to mail your Form to MS Votes, 510 George Street, Suite 308, Jackson, MS 39202.

You should receive a Voter Registration Card from your County Circuit Clerk after

mailing your Voter Registration Form.

OPTIONAL:

TRY TO VERIFY YOUR REGISTRATION IF YOU DON’T

RECEIVE YOUR VOTER REGISTRATION CARD

DO NOT DELAY CONTINUING TO STEP 3

If you mailed in your voter registration form and haven’t received

Voter Registration Cards, you can still CONTINUE ON TO STEP 3.

MORE INFO ON

STEP 2:

VOTE

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Ways to check if you’re registered to vote if you haven’t received your voter registration card yet:

1. Ask someone you trust to verify you are registered by visiting www.yallvote.sos.ms.gov. (It will

require you give them the last four digits of your SSN and your date of birth.)

2. Your or someone you trust can call your County Circuit Clerk to ask if you’re registered to vote.

See

Attachment C

for a list of their phone numbers.

3. We can be reached at 601-709-2139 (M/W/F, 2-6 pm).

Mail your request

within

60 days of the

election

you want to

vote in.

(That’s after

Sept. 4 for the

11/3/2020 election.)

Make a note of the

date you mailed it out.

STEP 3:

REQUEST AN

ABSENTEE

BALLOT

APPLICATION

AFTER YOU’RE REGISTERED TO VOTE, REQUEST AN

ABSENTEE BALLOT FROM YOUR CIRCUIT CLERK

Beginning 60 days before an election you want to vote in, you must ask your Circuit

Clerk (in the county where you lived before incarceration) to mail you an Absentee

Ballot Application at your current facility mailing address.

You can ask:

(a) by phone (see

Attachment C

for Circuit Clerk phone numbers), or

(b) by letter (

see the next page for a fill-in-the-blank letter you can send

1. Sign any request letter.

2. Write “voting mail” on the envelope and mail it to your Circuit Clerk.

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FILL- IN- THE BLANK

LETTER FOR

STEP 3:

REQUEST AN

ABSENTEE

BALLOT

APPLICATION

(YOU CAN FILL IN,

TEAR OUT, AND MAIL

TO YOUR COUNTY

CIRCUIT CLERK)

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Return it ASAP after

receiving it. These

become available to be

mailed to you

45 days

before an election

(That’s after Sept. 21

for the 11/3/2020

election.)

ABSENTEE BALLOT APPLICATION

1. Complete the absentee ballot application that your Circuit Clerk mailed you.

2. Your Excuse For Voting Absentee

• We’ve been asking for official guidance from the Secretary of State (800-829-6786) on

this question. We may have learned more since printing. We can be reached at 601-

709-2139 (M/W/F, 2-6 pm).

• As of printing, to the best of our understanding, we read relevant case law to support

that incarcerated and detained people should check the excuse “I have a temporary or

permanent physical disability” and (to be safe) write in “incarcerated” by that excuse.

• You DO NOT NEED this notarized or signed by an official if you use this excuse.

• You DO need any person who is at least 18 years old to sign as a witness.

3. Sign it..

4. Write “voting mail” on the envelope and mail it to your Circuit Clerk.

STEP 4:

ABSENTEE

BALLOT

APPLICATION

Make a note of the

date you mailed it out.

When in Jail/Prison, Use These As Locations On All Voting Materials:

Your County Circuit Clerk

Your “residence” = where you lived prior to incarceration

Your “physical address” (not prison/jail)

Your “mailing address”

Your return mailing = your current jail/prison

address

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It must be

postmarked by

election day and received

by five business days after

the election

(That’s

posted by Nov. 3 &

received by Nov. 10 for the

11/3/2020 election.)

VOTE BY ABSENTEE BALLOT!!

1. Complete the ballot your Circuit Clerk mailed you.

2. If asked for your excuse for voting absentee, refer to the previous slide (STEP 4: The

Absentee Ballot Application). If you check the excuse “I have a temporary or

permanent physical disability” and (to be safe) write in “incarcerated” by that

excuse, you do not need a notary.

3. You sign it. Seal the envelope.

4. Complete and sign the voter’s affidavit across the envelope’s sealed flap and have it

witnessed and signed by any person who is at least 18 years old.

5. Write “

confidential ballot/voting mail

” on the envelope. Mail it to your Circuit Clerk.

STEP 5:

ABSENTEE

BALLOT

Make a note of the date

you mailed it out.

CONGRATULATIONS!!

If you’re eligible and haven’t moved,

next time you can begin at Step 3: Starting

60 days pre-election, write your Circuit Clerk

for an absentee ballot application….

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When in Jail/Prison, Use These As Locations On All Voting Materials:

Your County Circuit Clerk

Your “residence” = where you lived prior to incarceration

Your “physical address” (not prison/jail)

Your “mailing address”

Your return mailing = your current jail/prison

address

RESOURCES

STEP 6:

RESOURCES &

ATTACHMENTS

If you have questions about voting in prison or jail:

1. Ask someone you trust to visit www.yallvote.sos.ms.gov and look up the answer.

2. Your or someone you trust can call your County Circuit Clerk to ask for you. See

Attachment C

for a list of their phone numbers.

3. We can be reached at 601-709-2139 (M/W/F, 2-6 pm).

ATTACHMENTS IN THIS GUIDE

1. Attachment A

: Detailed list of disenfranchising crimes in order of criminal code section number

2. Attachment B

: Sample voter registration application

3. Attachment C

: Circuit Clerk Offices and Contact Info

4. Attachment D

: Selected Sources

5. Attachment E

: Blank Voter Registration Guide (if eligible, you can fill this out and mail it)

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Attachment A

Detail list of Mississippi’s 22 Disenfranchising Crimes

(These are listed in order of code section; see Slide 6 for

the same list in order of offense name.)

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Attachment B

Sample voter registration application

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Attachment C

County Circuit Clerks and Contact Information

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Attachment D

Selected Sources

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The opinions of the authors of this guide are based on the authority discussed below. However, defer to the Secretary of State’s advice, excerpts of which are on Slides 27-28.

Denying qualified electors in jail their right to vote violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. O’Brien v. Skinner, 414

U.S. 524 (1974); see also Goosby v. Osser, 409 U.S. 512 (1973).

Detained voters must vote in the county where they lived prior to being incarcerated. Inmate Population in County Redistricting, Op. Att’y Gen. Miss. No. 2002-0060 (2002), 2002

WL 321998 (Miss. A.G.).

Eligible persons in jail and prison must be able to vote by absentee ballot. Murphree v. Wint er, 589 F. Supp. 374 (S.D. Miss. 1984) (permanently enjoining Mississippi from denying

a class of all eligible present and future pretrial detainees and prisoners from voting by absentee ballot.). Citing the U.S. Supreme Court’s decision in O’Brien, the district court in

Murphree construed Mississippi’s absentee voter law, then codified in Section 23-9-601 of the Mississippi Code, to “literally include[] pretrial detainees under the provision made

for those who are ‘physically unable’ to go to the polls and vote in person.” Id. at 381. Although Mississippi’s absentee ballot statute has undergone changes since the Murphree

decision, the rationale behind Murphree and O’Brien applies with full force to the existing statute, codified in Section 23-15-627 of the Mississippi Code.

Under Murphree, registered voters detained in Mississippi prisons or jails are eligible to vote an absentee ballot using the excuse that applies to voters with a “temporary

or permanent physical disability,” which is one of only thirteen excuses to vote by absentee ballot exist under current law (Section 23-15-627).

Voters who qualify for an absentee ballot due to having a “temporary or permanent physical disability” are exempted from the legal requirement to have one’s absentee ballot

application and absentee ballot witnessed by their county’s registrar, a notary public, or other officer having authority to administer an oath, (where the attesting witness may be

any person over the age of eighteen). Miss. Code Ann. § 23-15-631 (2013).

Eligible voters casting an absentee ballot by mail do not have to provide a photo ID to vote. See, e.g., Secretary of State, “When Do I Need A Photo ID?,” available at

https://www.msvoterid.ms.gov/Pages/Forms/When%20do%20I%20need%20an%20ID.pdf (last accessed 9/2020); Secretary of State, “Voter ID FAQ ,” available at

https://www.msvoterid.ms.gov/forms/FAQ%20Voter%20ID.pdf (last accessed 9/2020).

Mississippians are not qualified to vote if they have been disenfranchised due to conviction of one of the 22 disenfranchising felonies. These are vote fraud or any crime listed in

Section 241 of the Mississippi Constitution of 1890 as interpreted by the Attorney General; in sum, these are: vote fraud, armed robbery, arson, bigamy, bribery, carjacking,

embezzlement, extortion, felony bad check, felony shoplifting, forgery, larceny, murder, obtaining money or goods under false pretense, perjury, rape, receiving stolen property,

robbery, statutory rape, theft, timber larceny, and unlawful taking of a vehicle. See 2009 WL 2517257, at *1 (Miss. A.G. July 9, 2009). All 22 disenfranchising offenses are listed on

Mississippi’s voter registration application.

This means that most felonies in Mississippi are not disenfranchising, including illegal drug possession and intent to sell drugs (Miss. AG Opinion No. 2000-0473, 2000 WL 1511821

(Aug. 25, 2000)); burglary (Miss. AG Opinion No. 2000-0454, 2000 WL 1511843 (Aug. 18, 2000)); assault and aggravated assault (Miss. AG Opinion No. 2009-00077, 2009 WL

927963 (Mar. 6, 2009)); manslaughter (Miss. AG Opinion, 1980 WL 28849 (Jul. 7, 1980)).

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Selected Excerpts from Mississippi Secretary of State Michael Watson’s ”Step-by-Step Absentee Guide,” available at

https://www.sos.ms.gov/content/documents/elections/Step-by-Step%20Guide%20to%20Absentee%20Voting_forweb.pdf (last visited 9/2020).

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Selected Excerpts from Mississippi Secretary of State Michael Watson’s ”Step-by-Step Absentee Guide,” available at

https://www.sos.ms.gov/content/documents/elections/Step-by-Step%20Guide%20to%20Absentee%20Voting_forweb.pdf (last visited 9/2020).

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Attachment E

Blank Voter Registration Form

(If you are eligible, you can fill out and mail this form.)

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