Any voter who declares to the poll managers of the election that he or she requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice, except that voter assistance shall not be provided by a candidate whose name is on the ballot, or by a spouse, parent, sibling or child of a candidate whose name is on the ballot, or by a poll watcher who is observing the polling place on election day, or the voter's employer, or agent of that employer, or officer or agent of the voter's union; however, a candidate for public office or the spouse, parent or child of a candidate may provide assistance upon request of any voter who is related within the first degree.
Derived from 1972 Code § 23-5-157 [Codes, 1892, § 3666; 1906, § 4173; Hemingway's 1917, § 6807; 1930, § 6243; 1942, § 3272; Laws, 1928, ch. 196; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 174, eff. 1/1/1987.
Amended by Laws, 2017, ch. 441, HB 467, 179, eff. 7/1/2017.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1993–2025 · leading case:
McFarland v. State, 707 So. 2d 166 (Miss. 1998).
McFarland v. State, 707 So. 2d 166 (Miss. 1998).
“McFarland argues that the mere act of signing another's name to an absentee ballot is not criminalized in all circumstances, for which he cites Miss. Code Ann. § 23-15-549 (1972), which allows assistance to voters who require assistance by reason of blindness, disability or…”
Straughter v. Collins, 819 So. 2d 1244 (Miss. 2002).
· cites it 2× “Second, voters who were not blind, disabled or illiterate were given voting assistance in contravention of Miss.Code Ann. § 23-15-549 (2001) and this Court's holding in O'Neal v.”
Campbell v. Whittington, 733 So. 2d 820 (Miss. 1999).
· cites it 2× “Miss. Code Ann. § 23-15-549 (Rev.1990) allows blind or physically disabled voters who vote at the polls to declare to the managers of the election that they need assistance to vote due to blindness, disability, or inability to read or write.”
United States v. Brown, 494 F. Supp. 2d 440 (S.D. Miss. 2007).
“See Miss.Code Ann. § 23-15-549 (providing that “[a]ny voter who declares to the managers of the election that he requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter’s choice other than the…”
La Union del Pueblo Entero v. Abbott (5th Cir. 2025).
“§ 21-2-409(b) (prohibiting candidate or candidate’s relatives from assisting); Miss. Code Ann. § 23-15-549 (prohibiting the candidate and poll watchers from assisting voters).”
Virdo Campbell v. Jackie Whittington (Miss. 1995).
· cites it 2× “Miss. Code Ann. § 23-15-549 (Rev. 1990) allows blind or physically disabled voters who vote at the polls to declare to the managers of the election that they need assistance to vote due to blindness, disability, or inability to read or write.”
McArthur Straughter v. Cobie Collins (Miss. 2000).
· cites it 2× “First, Peter Gower and Robert Lee, both current county employees, took off work on election day to campaign for Collins in his re-election bid in contravention of Miss. Code Ann. § 23-15-871 (2001). Second, voters who were not blind, disabled or illiterate were given voting…”
Calvin McFarland v. State of Mississippi (Miss. 1993).
“McFarland argues that the mere act of signing another's name to an absentee ballot is not criminalized in all circumstances, for which he cites Miss. Code Ann. § 23-15-549 (1972), which allows assistance to voters who require assistance by reason of blindness, disability or…”
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