HB 859 Mississippi House · 2026 Regular Session

In-person absentee voting; require use of OMR equipment and establish security measures and procedure to challenge.

HB 859 requires all in-person absentee ballots in Mississippi to be processed using optical mark reading (OMR) equipment at county election offices, with paper ballots as a backup if the equipment fails. The bill mandates that OMR equipment be sealed overnight, updates absentee ballot forms to print applications and voter certificates on a single sheet, and requires election officials to post a daily list of in-person voters. It also specifies that all ballots must be counted and reported on election night, and revises procedures for challenging voter qualifications during the voting process. These changes directly affect voters casting absentee ballots in person and election officials managing the voting process.
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Feb 12, 2026 Signed Mar 19, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

As Introduced As Passed the lower · 6 edits
MODERATE
The House-passed version of HB 859 adds a new daily reporting requirement for in-person absentee ballots, prescribes the specific form of the elector's certificate (including criminal penalty warnings), carves out affidavit ballots from the same-night counting deadline, and requires in-person absentee applications to be printed at least 45 days before the election. These changes strengthen transparency around in-person absentee voting while slightly relaxing the same-night count rule for one ballot type.
ENFORCEMENT

New Section 26 requires the Secretary of State to direct the Office of the Circuit Clerk to generate a daily report via OMR equipment tabulating the total number of in-person absentee ballots cast each day during the in-person absentee voting period. The circuit clerk must make this report available to the public upon request.

REQUIREMENT

The bill now prescribes the exact form of the elector's certificate for in-person absentee ballot applications, including explicit criminal penalty language: vote fraud carries up to 5 years in prison and a $5,000 fine; voter intimidation carries up to 1 year in jail and a $1,000 fine. A separate 'Certificate of Person Providing Voter Assistance' form is also prescribed.

TIMELINE

Section 23-15-595 was amended so that the requirement to finish tabulating all returns and counting all ballots on the night of the election now excludes affidavit ballots. Previously, all ballots had to be counted that night; now only ballots other than affidavit ballots must be.

A new requirement was added that the application and elector's certificate for in-person absentee voting must be printed no less than 45 days before the election, giving registrars a longer preparation window.

The resolution board training requirement was changed from 'not less than five (5) days before each election and before the absentee voting period begins' to simply 'not less than five (5) days before each election,' removing the separate requirement that training be completed before the absentee voting period starts.

TECHNICAL

Section 23-15-523 is now 'brought forward' rather than directly amended, meaning it is presented for possible amendment in a future legislative session rather than being changed by this act.

Floor votes · Senate Mar 10, 2026 · House Feb 10, 2026

How they voted

511
Passed
Total votes 52
Mar 10, 2026
D Democratic18
18 Yea
100% Yea
R Republican34
33 Yea 1 Nay
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
12
Key actions
6
Committee
4
Amendments
1
Mar 19, 2026
Signed into law
Approved by Governor
executive
Mar 10, 2026
Upper · Passed
Passed
upper
Mar 3, 2026
Upper · Passed
Title Suff Do Pass
upper
Feb 17, 2026
Committee
Referred To Elections;Accountability, Efficiency, Transparency
upper
Feb 12, 2026
Introduced
Transmitted To Senate
lower
Feb 10, 2026
Lower · Passed
Passed As Amended
lower
Feb 10, 2026
Lower · Passed
Amended
lower
Jan 29, 2026
Lower · Passed
Title Suff Do Pass
lower
Jan 16, 2026
Committee
Referred To Apportionment and Elections
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Noah Sanford
Noah Sanford
RRepublican
MS
90