§ Miss. Code § 23-15-631Instructions to absent electors; instructions as constituting substantive law

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(1) The registrar shall enclose with each ballot provided to an absent elector separate printed
instructions furnished by him containing the following:
(a) All absentee voters, excepting those with temporary or permanent physical disabilities or
those who are sixty-five (65) years of age or older, who mark their ballots in the county of the
residence shall use the registrar of that county as the witness. The absentee voter shall come to
the office of the registrar and neither the registrar nor his deputy shall be required to go out of the
registrar's office to serve as an attesting witness.
(b) Upon receipt of the enclosed ballot, you will not mark the ballot except in view or sight of
the attesting witness. In the sight or view of the attesting witness, mark the ballot according to
instructions.
(c) After marking the ballot, fill out and sign the "ELECTOR'S CERTIFICATE" on back of
the envelope so that the signature shall be across the flap of the envelope so as to insure the
integrity of the ballot. All absent electors shall have the attesting witness sign the "ATTESTING
WITNESS CERTIFICATE" across the flap on back of the envelope. Place necessary postage on
the envelope and deposit it in the post office or some government receptacle provided for deposit
of mail so that the absent elector's ballot, excepting presidential absentee ballots, will reach the
registrar in which your precinct is located not later than 5:00 p.m. on the day preceding the date
of the election.
Any notary public, United States postmaster, assistant United States postmaster, United States
postal supervisor, clerk in charge of a contract postal station, or any officer having authority to
administer an oath or take an acknowledgment may be an attesting witness; provided, however,
that in the case of an absent elector who is temporarily or permanently physically disabled, the
attesting witness may be any person eighteen (18) years of age or older and such person is not
required to have the authority to administer an oath. If a postmaster, assistant postmaster, postal
supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his
signature on the elector's certificate must be authenticated by the cancellation stamp of their
respective post offices. If one or the other officers herein named acts as attesting witness, his
signature on the elector's certificate, together with his title and address, but no seal, shall be
required. Any affidavits made by an absent elector who is in the Armed Forces may be executed
before a commissioned officer, warrant officer, or noncommissioned officer not lower in grade
than sergeant rating or any person authorized to administer oaths.
(d) When the application accompanies the ballot it shall not be returned in the same envelope
as the ballot but shall be returned in a separate preaddressed envelope provided by the registrar.
(e) A person who is a candidate for public office may not be an attesting witness for any
absentee ballot upon which the person's name appears.
(f) Any voter casting an absentee ballot who declares that he requires assistance to vote by
reason of blindness, temporary or permanent physical disability or inability to read or write, shall
be entitled to receive assistance in the marking of his absentee ballot and in completing the
affidavit on the absentee ballot envelope. The voter may be given assistance by anyone of the
voter's choice other than a candidate whose name appears on the absentee ballot being marked,
or the voter's employer, or agent of that employer. In order to ensure the integrity of the ballot,
any person who provides assistance to an absentee voter shall be required to sign and complete
the "Certificate of Person Providing Voter Assistance" on the absentee ballot envelope.
(2) The foregoing instructions required to be provided by the registrar to the elector shall also
constitute the substantive law pertaining to the handling of absentee ballots by the elector and
registrar.

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