(1)
- (a) Except as provided in subsection (2), a qualified elector who votes in a primary or general election, either in person at the polls or in person in the office of the circuit clerk, shall present a government issued photo identification before being allowed to vote.
- (b) A qualified elector who does not have a government issued photo identification and who cannot afford such identification may obtain a state issued photo identification free of charge from the Mississippi Department of Public Safety. The elector must show appropriate identifying documents required by the Mississippi Department of Public Safety as provided by law.
(2)
- (a) An elector living and voting in a state-licensed care facility shall not be required to show a government issued photo identification before being allowed to vote.
- (b) An elector who has a religious objection to being photographed will be allowed to cast an affidavit ballot, and the elector, within five days after the election, shall execute an affidavit in the appropriate circuit clerk’s office affirming that the exemption applies.
- (c) An elector who has a government issued photo identification, but is unable to present that identification when voting, shall file an affidavit ballot, and the elector, within five days after the election, shall present the government issued photo identification to the appropriate circuit clerk.
- (3) This provision shall not be construed to require photo identification to register to vote. This provision only requires government issued photo identification for casting a ballot.
- (4) The Legislature shall enact legislation to implement the provisions of this section of the constitution.
NOTE: During the November 8, 2011, election, a citizen-initiated Constitutional amendment, Initiative # 27 - Voter Identification, was approved by a majority of the electors of Mississippi. The Governor, by Executive Order No. 1074, dated January 9, 2012, directed the Secretary of State to insert Initiative # 27 in the Mississippi Constitution as Article 12, § 249A.
Article 15 § 273(10) of the Mississippi Constitution provides that initiatives approved by the electors take effect thirty (30) days from the date of the official declaration of the vote by the Secretary of State. The Secretary of State certified the November 8, 2011, election on December 8, 2011.
SOURCES: Laws, 2012, ch. 526; Executive Order No. 1074, 2012, eff. January 9, 2012.