SB 2351 — Elections; allow the Attorney General to investigate alleged election fraud.

Accountability, Efficiency, Transparency COMMITTEE SUBSTITUTE FOR SENATE BILL NO.

2351 (As Passed the Senate) AN ACT TO CODIFYCREATE A NEW SECTION 23-15-615,TO BE ADDED TO TITLE 23, CHAPTER 15, MISSISSIPPI CODE OF 1972, TO ALLOW THE SECRETARYATTORNEY OFGENERAL'S STATEOFFICE TO PERFORMINVESTIGATE RANDOMCOMPLAINTS PROCEDURALOF AUDITSELECTION ONFRAUD; COUNTIES;

TO PROVIDE PROCEDURES FOR WHICH THE ATTORNEY GENERAL SHOULD FOLLOW TO SHARE THE FINDINGS OF AN ELECTION FRAUD INVESTIGATION;

(1) The followingAttorney shallGeneral beis codifiedauthorized asto Sectioninvestigate 23-15-615,alleged Mississippielection Codefraud in the counties of 1972:this state upon a verified complaint of a candidate whose name appears on the ballot of the election in question, or from an election official or circuit clerk of a county where the election in question took place.

23-15-615.The conduction of an investigation shall not create excessive interference with the general duties and responsibilities of the Attorney General.

(1)(2) TheUpon request by the Attorney General, the Secretary of State isshall authorizedassist toin auditany electioninvestigation proceduresof ina thecomplaint countiespursuant ofto thissubsection state.(1).

(3) The conductionAttorney ofGeneral an audit shall not createinvestigate excessivea interferencecomplaint withunder thethis generalsection dutiesat andany responsibilitiesprecinct ofwhere thean Secretaryelection ofoccurred State.and S.

(2) The Secretary of State shall prescribe rules and regulations for random selection of any county for an election audit.

The Secretary of State shall randomly select the precinct(s) to be audited in any county.

No county or precinct shall be selected for audit on the basis of race, geographical location or voting trends.

Further, no county will be selected more than once in a four-year period of time.

S.

2351 *SS08/R772CS**SS36/R772PS* ~ OFFICIAL ~ G1/2 23/SS08/R772CS23/SS36/R772PS PAGE 1 (3) The Secretary of State shall not conduct an audit under this section at any precinct where an election occurred and that election is being challenged pursuant to SectionSections 23-15-927, 23-15-951 or 23-15-955.

(4) (a)The NoAttorney laterGeneral thanshall oneprovide hundredreasoning twentyin (120)writing daysif aftertheir theoffice electiondetermines that thean Secretaryinvestigation of State is auditing,not thewarranted, Secretaryand ofsaid Statedocument shall compilebe aprovided reportto of the auditscomplainant, conducted,circuit whichclerk shallof bethe publishedcounty onin the officialcomplaint websiteand of the Secretary of State.State's office.

(b)The IfAttorney theGeneral Secretaryshall ofgive Statea determineswritten thatreport moreat timethe iscompletion neededof tothe completeinvestigation anto audit, the Secretarycomplainant, ofcircuit Stateclerk may make a finding of the additionalcounty timein needed,the whichcomplaint shall not exceed one hundred and fifty (150) days after the election,Secretary andof postState's noticeoffice toif thecriminal websiteaction ofis thenot Secretarypursued. of State.

(5)If Thethe SecretaryAttorney ofGeneral Statealleges that a criminal act has occurred, he or she shall promulgateturn administrativetheir rulesfindings over to carrythe outdistrict attorney of the provisionsdistrict ofwhere thisthe section.alleged criminal acts occurred, or prosecute through his or her authority pursuant to Section 7-5-1.

Section 1 of this act shall be codified as a new section in Title 23, Chapter 15, Mississippi Code of 1972.

SECTION 3.

2351 *SS08/R772CS**SS36/R772PS* ~ OFFICIAL ~ 23/SS08/R772CS23/SS36/R772PS ST:

allow the SecretaryAttorney ofGeneral State to PAGE 2 performinvestigate randomalleged proceduralelection auditsfraud. on counties.