§ Miss. Code § 23-15-153(untitled)

Revision of registration books and pollbooks by commissioners; amount and
limitations of per diem payments to commissioners; provision of copies of registration
books to municipal registrars; certification of hours worked; number of days in calendar
year for which commissioners entitled to receive compensation.
(1) At the following times the commissioners of election shall meet at the office of the
registrar and carefully revise the registration books and the pollbooks of the several voting
precincts, and shall erase from those books the names of all persons erroneously on the books, or
who have died, removed or become disqualified as electors from any cause; and shall register the
names of all persons who have duly applied to be registered and have been illegally denied
registration:
(a) On the Tuesday after the second Monday in January 1987 and every following year;
(b) On the first Tuesday in the month immediately preceding the first primary election for
congressmen in the years when congressmen are elected;
(c) On the first Monday in the month immediately preceding the first primary election for
state, state district legislative, county and county district offices in the years in which those
offices are elected; and
(d) On the second Monday of September preceding the general election or regular special
election day in years in which a general election is not conducted.
Except for the names of those persons who are duly qualified to vote in the election, no name
shall be permitted to remain on the registration books and pollbooks; however, no name shall be
erased from the registration books or pollbooks based on a change in the residence of an elector
except in accordance with procedures provided for by the National Voter Registration Act of
1993 that are in effect at the time of such erasure. Except as otherwise provided by Section 2315-573, no person shall vote at any election whose name is not on the pollbook.
(2) Except as provided in this section, and subject to the following annual limitations, the
commissioners of election shall be entitled to receive a per diem in the amount of Eighty-four
Dollars ($84.00), to be paid from the county general fund, for every day or period of no less than
five (5) hours accumulated over two (2) or more days actually employed in the performance of
their duties in the conduct of an election or actually employed in the performance of their duties
for the necessary time spent in the revision of the registration books and pollbooks as required in
subsection (1) of this section:
(a) In counties having less than fifteen thousand (15,000) residents according to the latest
federal decennial census, not more than fifty (50) days per year, with no more than fifteen (15)
additional days allowed for the conduct of each election in excess of one (1) occurring in any
calendar year;
(b) In counties having fifteen thousand (15,000) residents according to the latest federal
decennial census but less than thirty thousand (30,000) residents according to the latest federal
decennial census, not more than seventy-five (75) days per year, with no more than twenty-five
(25) additional days allowed for the conduct of each election in excess of one (1) occurring in
any calendar year;
(c) In counties having thirty thousand (30,000) residents according to the latest federal
decennial census but less than seventy thousand (70,000) residents according to the latest federal
decennial census, not more than one hundred (100) days per year, with no more than thirty-five
(35) additional days allowed for the conduct of each election in excess of one (1) occurring in
any calendar year;
(d) In counties having seventy thousand (70,000) residents according to the latest federal
decennial census but less than ninety thousand (90,000) residents according to the latest federal
decennial census, not more than one hundred twenty-five (125) days per year, with no more than
forty-five (45) additional days allowed for the conduct of each election in excess of one (1)
occurring in any calendar year;
(e) In counties having ninety thousand (90,000) residents according to the latest federal
decennial census but less than one hundred seventy thousand (170,000) residents according to
the latest federal decennial census, not more than one hundred fifty (150) days per year, with no
more than fifty-five (55) additional days allowed for the conduct of each election in excess of
one (1) occurring in any calendar year;
(f) In counties having one hundred seventy thousand (170,000) residents according to the
latest federal decennial census but less than two hundred thousand (200,000) residents according
to the latest federal decennial census, not more than one hundred seventy-five (175) days per
year, with no more than sixty-five (65) additional days allowed for the conduct of each election
in excess of one (1) occurring in any calendar year;
(g) In counties having two hundred thousand (200,000) residents according to the latest
federal decennial census but less than two hundred twenty-five thousand (225,000) residents
according to the latest federal decennial census, not more than one hundred ninety (190) days per
year, with no more than seventy-five (75) additional days allowed for the conduct of each
election in excess of one (1) occurring in any calendar year;
(h) In counties having two hundred twenty-five thousand (225,000) residents according to the
latest federal decennial census but less than two hundred fifty thousand (250,000) residents
according to the latest federal decennial census, not more than two hundred fifteen (215) days
per year, with no more than eighty-five (85) additional days allowed for the conduct of each
election in excess of one (1) occurring in any calendar year;
(i) In counties having two hundred fifty thousand (250,000) residents according to the latest
federal decennial census but less than two hundred seventy-five thousand (275,000) residents
according to the latest federal decennial census, not more than two hundred thirty (230) days per
year, with no more than ninety-five (95) additional days allowed for the conduct of each election
in excess of one (1) occurring in any calendar year;
(j) In counties having two hundred seventy-five thousand (275,000) residents according to the
latest federal decennial census or more, not more than two hundred forty (240) days per year,
with no more than one hundred five (105) additional days allowed for the conduct of each
election in excess of one (1) occurring in any calendar year.
(3) In addition to the number of days authorized in subsection (2) of this section, the board of
supervisors of a county may authorize, in its discretion, the commissioners of election to receive
a per diem in the amount provided for in subsection (2) of this section, to be paid from the
county general fund, for every day or period of no less than five (5) hours accumulated over two
(2) or more days actually employed in the performance of their duties in the conduct of an
election or actually employed in the performance of their duties for the necessary time spent in
the revision of the registration books and pollbooks as required in subsection (1) of this section,
for not to exceed five (5) days.
(4) The commissioners of election shall be entitled to receive a per diem in the amount of
Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed ten (10)
days for every day or period of no less than five (5) hours accumulated over two (2) or more
days actually employed in the performance of their duties for the necessary time spent in the
revision of the registration books and pollbooks prior to any special election. For purposes of this
subsection, the regular special election day shall not be considered a special election. The annual
limitations set forth in subsection (2) of this section shall not apply to this subsection.
(5) The commissioners of election shall be entitled to receive a per diem in the amount of
Eighty-four Dollars ($84.00), to be paid from the county general fund, not to exceed fourteen
(14) days for every day or period of no less than five (5) hours accumulated over two (2) or more
days actually employed in the performance of their duties for the necessary time spent in the
revision of the registration books, pollbooks and in the conduct of a runoff election following
either a general or special election.
(6) The commissioners of election shall be entitled to receive only one (1) per diem payment
for those days when the commissioners of election discharge more than one (1) duty or
responsibility on the same day.
(7) The county registrar shall prepare the pollbooks and the county commissioners of election
shall prepare the registration books of each municipality located within the county pursuant to an
agreement between the county and each municipality in the county. The county commissioners
of election and the county registrar shall be paid by each municipality for the actual cost of
preparing registration books and pollbooks for the municipality and shall pay each county
commissioner of election a per diem in the amount provided for in subsection (2) of this section
for each day or period of not less than five (5) hours accumulated over two (2) or more days the
commissioners are actually employed in preparing the registration books for the municipality,
not to exceed five (5) days. The county commissioners of election and county registrar shall
provide copies of the registration books and pollbooks to the municipal clerk of each
municipality in the county. The municipality shall pay the county registrar for preparing and
printing the pollbooks. A municipality may secure "read only" access to the Statewide
Centralized Voter System and print its own pollbooks using this information; however, county
commissioners of election shall remain responsible for preparing registration books for
municipalities and shall be paid for this duty in accordance with this subsection.
(8) Every commissioner of election shall sign personally a certification setting forth the
number of hours actually worked in the performance of the commissioner's official duties and for
which the commissioner seeks compensation. The certification must be on a form as prescribed
in this subsection. The commissioner's signature is, as a matter of law, made under the
commissioner's oath of office and under penalties of perjury.
The certification form shall be as follows:
COUNTY ELECTION COMMISSIONER
PER DIEM CLAIM FORM
NAME:
COUNTY:
ADDRESS:
DISTRICT:
CITY:
ZIP:
PURPOSE
DATE
BEGINNING
DAYS
WORKED
TIME
EARNED
APPLICABLE
ACTUAL
ENDING
TIME
OF
MS
WORK
PER
CODE
DIEM
HOURS
SECTION
WORKED
_____________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________________________
TOTAL
NUMBER
PER
DIEM
TOTAL
AMOUNT
OF
PER
DIEM
DAYS
RATE
PER
DAY
EARNED
OF
PER
DIEM
CLAIMED
EARNED
________
x
$
84.00
________
I understand that I am signing this document under my oath as a commissioner of
election
and
under
penalties
of
perjury.
I understand that I am requesting payment from taxpayer funds and that I have an
obligation to be specific and truthful as to the amount of hours worked and the
compensation
I
am
requesting.
Signed
this
the
______________
day
of
____________,
____________.
___________________________________________________________________
Commissioner's Signature
When properly completed and signed, the certification must be filed with the clerk of the
county board of supervisors before any payment may be made. The certification will be a public
record available for inspection and reproduction immediately upon the oral or written request of
any person.
Any person may contest the accuracy of the certification in any respect by notifying the
chairman of the commission, any member of the board of supervisors or the clerk of the board of
supervisors of such contest at any time before or after payment is made. If the contest is made
before payment is made, no payment shall be made as to the contested certificate until the
contest is finally disposed of. The person filing the contest shall be entitled to a full hearing, and
the clerk of the board of supervisors shall issue subpoenas upon request of the contestor
compelling the attendance of witnesses and production of documents and things. The contestor
shall have the right to appeal de novo to the circuit court of the involved county, which appeal
must be perfected within thirty (30) days from a final decision of the commission, the clerk of
the board of supervisors or the board of supervisors, as the case may be.
Any contestor who successfully contests any certification will be awarded all expenses
incident to his contest, together with reasonable attorney's fees, which will be awarded upon
petition to the chancery court of the involved county upon final disposition of the contest before
the election commission, board of supervisors, clerk of the board of supervisors, or, in case of an
appeal, final disposition by the court. The commissioner against whom the contest is decided
shall be liable for the payment of the expenses and attorney's fees, and the county shall be jointly
and severally liable for same.
(9) Any commissioner of election who has not received a certificate issued by the Secretary
of State pursuant to Section 23-15-211 indicating that the commissioner of election has received
the required elections seminar instruction and that the commissioner of election is fully qualified
to conduct an election, shall not receive any compensation authorized by this section, Section 2315-491 or Section 23-15-239.