After the 2024 amendment to Mississippi's voter ID law, can a voter use an expired driver's license to vote?

Plain-English summary

Mississippi's voter ID law (Section 23-15-563) used to say every photo ID at the polls had to be "current and valid." In the 2024 legislative session, the legislature amended the statute through S.B. 2576 to drop the word "current" from most of the listed ID types and to add a new statutory definition of "valid." After the amendment, the statute reads in tension with itself: subsection (1) still says voters must show "current and valid" photo identification, but subsection (2) lists six ID types that no longer have to be current.

Senator Seymour asked five interlocking questions about how poll workers should treat the conflict. The AG resolved it under the standard Mississippi rule that when two parts of the same statute conflict, the legislature's most recent expression controls. The 2024 amendment is the latest, so subsection (2) governs for the IDs listed there.

The result, ID type by ID type:

• Mississippi driver's license, Mississippi state ID, U.S. passport, federal/state/county/municipal employee photo ID, tribal photo ID, U.S. military ID: must be "valid" (no more than 10 years from the issue date, or no expiration date), but does not have to be "current."
• Mississippi license to carry a pistol or revolver, Mississippi student ID from an accredited college, Mississippi voter ID card: must be "current and valid."
• Out-of-state driver's license or non-U.S. passport: not specifically listed in subsection (2), so the general rule of "current and valid" in subsection (1) applies.

The AG also drew an important distinction between possessing an acceptable photo ID and being a qualified elector. Section 23-15-563 only governs the first. To have your vote actually counted in Mississippi, you also have to be a qualified elector (Mississippi resident, U.S. citizen, properly registered, not disqualified). A person can show an acceptable form of ID and still have an affidavit ballot rejected if the records show the person is not a qualified elector.

What this means for you

For Mississippi voters

If you have a Mississippi driver's license that expired within the last 10 years, you can use it at the polls. Same for an expired Mississippi state ID, U.S. passport, federal/state/county/municipal employee photo ID, tribal photo ID, or U.S. military ID. Section 23-15-563(2) takes those six categories out of the "must be current" rule.

A Mississippi license to carry a pistol or revolver, a Mississippi student ID, and a Mississippi voter ID card are all still required to be both "current and valid." If yours is expired, bring an alternative.

If you have an out-of-state ID or a non-U.S. passport, the document must be "current and valid." Section 23-15-563(1)'s general rule applies. And remember, having an acceptable ID does not make you eligible to vote; you also need to be a qualified Mississippi elector.

For poll workers and poll managers

The opinion treats six categories in Section 23-15-563(2) as needing only to be "valid," not "current": MS driver's license, MS state agency ID, U.S. passport, federal/state/county/municipal employee photo ID, tribal photo ID, and U.S. military ID (subsections (a), (b), (c), (d), (f), (g)). For these, an expired ID is acceptable if it meets the definition of "valid" (no more than 10 years from issuance, or no expiration date). For everything else (concealed carry permit, MS student ID, MS voter ID card, out-of-state IDs), the AG applied the general "current and valid" rule in subsection (1). The AG added that "whether a specific document meets the voter identification requirements is a determination to be made by local election officials on a case-by-case basis," and referred poll officials to the Secretary of State's office, noting that where a regulation conflicts with the revised statute, the statute controls.

For county registrars and election commissioners

On election day a voter who cannot present an acceptable ID may cast an affidavit ballot under Section 23-15-573(1). When canvassing returns, you (the executive committee in primaries; election commissioners in other elections) examine the records and "allow the ballot to be counted, or not counted as it appears legal." Section 23-15-573(3)(c). The AG underscores that a person can have an acceptable photo ID but still not be a qualified elector. Examples include non-U.S. citizens, non-Mississippi residents, and people not properly registered. In those cases the affidavit ballot is not counted regardless of the ID.

For Mississippi voters who are non-U.S. citizens or non-Mississippi residents

Possessing an acceptable photo ID under Section 23-15-563 does not entitle you to cast a counted vote in Mississippi. Mississippi's constitution and elector statutes require a qualified elector to be a U.S. citizen and a Mississippi resident. An affidavit ballot cast on the basis of a foreign passport or out-of-state license will not be counted if the canvassing records show you are not a qualified elector.

Common questions

What changed in the 2024 amendment to Section 23-15-563?

Two big things. First, the legislature dropped the word "current" from most of the ID categories in subsection (2), so those IDs only need to be "valid." Second, the legislature added a definition of "valid": an official government document that establishes the voter's identity and either has no expiration date or was issued within the past 10 years.

Can I vote with an expired Mississippi driver's license?

Yes, if it was issued within the last 10 years. Section 23-15-563(2)(a) requires the MS driver's license to be valid, not current. Section 23-15-563(3) defines "valid" to cover documents within 10 years of issue.

Can I vote with an expired Mississippi concealed carry permit?

No. Section 23-15-563(2)(e) still requires a "current and valid Mississippi license to carry a pistol or revolver." That category was not relaxed by the 2024 amendment.

Can I vote with an expired student ID from a Mississippi college?

No. Section 23-15-563(2)(h) still requires a "current and valid" student ID containing a photograph, issued by an accredited Mississippi college, university, community college, or junior college.

What about my expired Mississippi voter ID card?

Section 23-15-563(2)(i) covers "[a]n official Mississippi voter identification card containing a photograph of the elector." This category is treated the same as it was before the amendment, requiring the card to satisfy the general "current and valid" rule.

Can I vote with an out-of-state driver's license or a non-U.S. passport?

The document must be "current and valid" because it is not listed among the six relaxed categories in subsection (2). And separately, you have to be a qualified Mississippi elector for your vote to count, which generally means a Mississippi resident and a U.S. citizen.

What if my ID is acceptable but I'm not a qualified elector?

You may be allowed to cast an affidavit ballot, but it will not be counted. The election canvassers examine the records and decide which affidavit ballots count. Section 23-15-573(3)(c).

Where does "valid" come from in the statute?

Section 23-15-563(3): "[F]or purposes of this section valid shall mean an official government document that establishes the voter's identity and has no expiration date or has an issuance date not more than ten (10) years prior to the date the document is presented." So an ID with no expiration date qualifies, and a document with an expiration date qualifies if it was issued within 10 years.

Background and statutory framework

Section 23-15-563 is Mississippi's voter ID statute.

• Subsection (1): a voter must "identify himself or herself to a poll manager or the registrar by presenting current and valid photo identification before such person shall be allowed to vote." This is the general rule.
• Subsection (2): provides a non-exclusive list of acceptable photo IDs. After the 2024 amendment, subsections (a) MS driver's license, (b) MS state agency ID, (c) U.S. passport, (d) federal/state/county/municipal employee photo ID, (f) tribal photo ID, and (g) U.S. military ID all require only "valid" status, not "current and valid." Subsections (e) MS concealed carry, (h) MS student ID, and (i) MS voter ID card retain the current-and-valid requirement.
• Subsection (3): defines "valid" as a government document with no expiration date or with an issuance date not more than 10 years prior to presentation.

The 2024 amendment was 2024 Miss. Laws S.B. 2576.

Section 23-15-573 governs affidavit ballots: a person who cannot show an acceptable ID, who is not on the pollbook, or who is otherwise prevented from casting a regular ballot may cast an affidavit ballot. Election canvassers later determine which affidavit ballots count.

Section 23-15-11 sets the qualifications for a qualified elector: residence in Mississippi, U.S. citizenship, registration under Section 23-15-33, no disenfranchising criminal conviction.

Statutory construction. Mississippi follows the rule that when two provisions of a single statute conflict, the legislature's later expression controls. Warner v. Bd. of Trustees of Jackson Mun. Sep. School Dist., 359 So. 2d 345, 347 (Miss. 1978). The "So. 2d" reporter is the regional reporter for Mississippi state cases. The AG used this rule to resolve the conflict between Section 23-15-563(1) (still requiring "current and valid") and the 2024-amended Section 23-15-563(2) (allowing "valid" without "current").

Citations

• Miss. Code Ann. § 23-15-563
• Miss. Code Ann. § 23-15-573
• Miss. Code Ann. § 23-15-11
• Miss. Code Ann. § 23-15-33
• 2024 Miss. Laws S.B. 2576
• Rankin Co. Bd. of Supervisors v. Lakeland Income Properties, LLC, 241 So. 3d 1279 (Miss. 2018)
• City of Tchula v. Miss. Pub. Serv. Comm'n, 187 So. 3d 597 (Miss. 2016)
• Tunica Cnty. v. Hampton Co. Nat. Sur., LLC, 27 So. 3d 1128 (Miss. 2009)
• Warner v. Bd. of Trustees of Jackson Mun. Sep. School Dist., 359 So. 2d 345 (Miss. 1978)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/10/J.Seymour-October-10-2024-Voter-Identification.pdf.pdf

Original opinion text

October 10, 2024
The Honorable Joseph M. Seymour
Senator, District 47
P.O. Box 1018
Jackson, Mississippi 39215-1018
Re:

Voter Identification Requirement

Dear Senator Seymour:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, due to the recent amendment of Mississippi Code Annotated Section
23-15-563, you are seeking clarification on the acceptable forms of identification that an elector
may present at the polls in order to vote in Mississippi.
Questions Presented

1. Reading Sections 23-15-563(1) and 23-15-563(2) together, must all acceptable photo
   identifications be valid and not expired by reference to the face of the identification? In other
   words, when an elector presents a driver's license to the poll worker that is out-of-date, is that
   elector presenting a license that is NOT current and/or NOT valid? If so, can the elector present
   an out-of-date driver's license to vote?
2. Section 23-15-563(2) states that the identifications listed as paragraphs (a) through (i) may be
   accepted by the poll worker in order for the elector to vote. The subsection goes on to say that the
   listed identification "shall include, but not be limited to" the identification types listed as items (a)
   through (i). Does this mean that any identification from any other state that substitutes for those
   forms of identification acceptable in Mississippi will allow an elector to vote, either by ballot or
   affidavit ballot?
3. When the Legislature recently amended this statute, the word "current" was removed from
   paragraphs (a), (b), (c), (d), and (g); however, "current and valid" remains a requirement of the
   statute in Subsection (1). Can the poll workers deny an elector the right to vote by ballot because
   a Mississippi driver's license is not then "current and valid" even though the description of the
   identification in Section 23-15-563(2)(a) does not require that the ID be "current" when presented?
4. If a voter presents a gun permit that is acceptable under Section 23-15-563(2)(e), but the permit
   is out-of-date by a few days, would that expired gun permit serve as a substitution for the
   photographic ID required by the statute since the statute states that the list of identification in
   Subsection (2) is not exhaustive?
5. Section 23-15-563(3) of the current statute is entirely new. This subsection purports to define
   "valid" and limits the word to mean an "official government document that establishes the voter's
   identity and has no expiration date or has an issuance date not more than ten (10) years prior to the
   date the document is presented." Will a driver's license or a passport from a country outside of the
   United States suffice to establish the identity of an elector at a polling place in Mississippi in order
   to vote under the "not limited to" language in Section 23-15-563(2)? Further, will any citizen of
   any state or country that presents a government document that is out-of-date or expired by its term
   be able to vote by ballot or affidavit ballot?
   Brief Response
   As an initial consideration, it is important to note that this opinion addresses the statutory
   requirements for an acceptable photo identification for voting purposes pursuant to Mississippi
   law. This opinion does not address eligibility as a qualified elector. A person may possess an
   acceptable form of photo identification but not be a qualified elector and therefore, be unable to
   cast a legal ballot, and only legal ballots shall be counted.
6. Generally, in accordance with Section 23-15-563(1), photo identification must be current and
   valid in order for a qualified elector to be allowed to vote at a polling place or the registrar's office.
   However, the items listed in Subsection (2)(a), (b), (c), (d), (f), and (g) are exceptions to the general
   rule in Subsection (1) and are only required to be valid, but not current. A valid but not current
   Mississippi driver's license is an acceptable form of photo identification pursuant to Section 23-15-563(2)(a).
7. See Response 1. A current and valid photo identification issued from another state meets the
   general photo identification requirements in Section 23-15-563(1) and, therefore, could be
   presented as an acceptable form of photo identification.
8. See Response 1. A valid but not current Mississippi driver's license is an acceptable form of
   voter identification under Section 23-15-563(2)(a).
9. See Response 1. A license to carry a pistol or revolver must be both current and valid to qualify
   as an acceptable form of voter identification.
10. See Response 2. A non-United States passport or non-Mississippi driver's license that is current
    and valid and meets the general photo identification requirements in Section 23-15-563 may be an
    acceptable form of photo identification. However, a non-United States citizen or non-Mississippi
    resident cannot cast a legal ballot in Mississippi simply because he or she possesses a photo
    identification pursuant to Section 23-15-563. In Mississippi, to cast a vote that can be legally
    counted, an individual must be a qualified elector, and thus, must be a resident of Mississippi and
    citizen of the United States. An affidavit ballot that is cast by virtue of an acceptable form of photo
    identification may not be counted if, upon examination of the records, the election commissioners
    find it is not legally counted. Miss. Code Ann. § 23-15-573(3)(c).
    Applicable Law and Discussion
    We must initially distinguish between the entitlement of qualified electors to vote in Mississippi
    elections and the requirement to provide a photo identification to vote in person at a polling place
    or the registrar's office. Simply possessing a photo identification that meets the requirements of
    Section 23-15-563 does not entitle a person to cast a legally counted vote in Mississippi. Only a
    Mississippi resident who meets the eligibility requirements in Section 23-15-11, who has been
    registered as an elector pursuant to Section 23-15-33, and who has not been convicted of a
    disenfranchising crime "shall be a qualified elector in and for the county, municipality and voting
    precinct of his or her residence, and shall be entitled to vote at any election upon compliance with
    Section 23-15-563." Miss. Code Ann. § 23-15-11.
    Further, two of your questions also ask about voting by affidavit ballot. According to Section 23-15-573(1), a person is allowed to cast an affidavit ballot if he or she
    declares that he or she is a registered voter in the jurisdiction in which he or she
    offers to vote and that he or she is eligible to vote in the election, but his or her
    name does not appear upon the pollbooks, or that he or she is not able to cast a
    regular election day ballot under a provision of state or federal law but is otherwise
    qualified to vote, or that he or she has been illegally denied registration, or that he
    or she is unable to present an acceptable form of photo identification . . . .
    Section 23-15-573(3)(c) further provides that "[i]n canvassing the returns of the election, the
    executive committee in primary elections, or the election commissioners in other elections, shall
    examine the records and allow the ballot to be counted, or not counted as it appears legal."
    Accordingly, for example, if an individual whose name does not appear on the poll books presents
    an acceptable photo identification as required by Section 23-15-563, but it is later determined that
    he is not a qualified elector of Mississippi, his vote will not be counted even though he was allowed
    to cast an affidavit ballot on election day.
    As discussed below, with respect to Mississippi's voter ID law, the overarching requirement is that
    a qualified elector of Mississippi identify himself or herself by presenting a current and valid photo
    identification. There are specific, limited situations in which a valid but not current photo
    identification would be permissible. Whether a specific document meets the voter identification
    requirements is a determination to be made by local election officials on a case-by-case basis. We
    refer you to the Secretary of State's Office and any regulations promulgated by that office for
    further guidance with respect to the process of reviewing photo identifications on election day.
    However, we note that to the extent that any regulations conflict with the newly revised Section
    23-15-563, the statute would control.
    With respect to your specific questions, Section 23-15-563(1) requires "[e]ach person who appears
    to vote in person at a polling place or the registrar's office . . . to identify himself or herself to a
    poll manager or the registrar by presenting current and valid photo identification before such
    person shall be allowed to vote," and Subsection (2) provides the following exemplary but
    inexhaustive list of acceptable identification:
    (a) A valid Mississippi driver's license;
    (b) A valid identification card issued by a branch, department, agency or entity of the State
    of Mississippi;
    (c) A valid United States passport;
    (d) A valid employee identification card containing a photograph of the elector and issued
    by any branch, department, agency or entity of the United States government, the State of
    Mississippi, or any county, municipality, board, authority or other entity of this state;
    (e) A current and valid Mississippi license to carry a pistol or revolver;
    (f) A valid tribal identification card containing a photograph of the elector;
    (g) A valid United States military identification card;
    (h) A current and valid student identification card, containing a photograph of the elector,
    issued by any accredited college, university or community or junior college in the State of
    Mississippi; and
    (i) An official Mississippi voter identification card containing a photograph of the elector.
    (emphasis added). This statute further provides: "[f]or purposes of this section valid shall mean an
    official government document that establishes the voter's identity and has no expiration date or has
    an issuance date not more than ten (10) years prior to the date the document is presented." Id.
    "Current" is not defined in the statute. "All words and phrases contained in the statutes are used
    according to their common and ordinary acceptation and meaning. . . ." Rankin Co. Bd. of
    Supervisors v. Lakeland Income Properties, LLC, 241 So. 3d 1279, 1283 (Miss. 2018) (quoting
    Miss. Code Ann. § 1-3-65). In the absence of a legislative definition, reference to a dictionary is
    proper. City of Tchula v. Miss. Pub. Serv. Comm'n, 187 So. 3d 597, 600 (Miss. 2016). Therefore,
    "current" means "occurring in or existing at the present time; most recent." Current, MERRIAM-WEBSTER.COM, https://www.merriam-webster.com/dictionary/current (last visited Oct. 10, 2024).
    Notably, Section 23-15-563 was amended in the 2024 legislative session. 2024 Miss. Laws S.B.
11. Prior to the 2024 amendment, the list of acceptable identifications in Section 23-15-563(2)
    were required to be "current and valid" and the statute did not define "valid" as having no
    expiration date or an issuance date not more than ten years prior. Id.
    As demonstrated by your first question's example of an expired but otherwise valid Mississippi
    driver's license, the statutory requirements in Subsection (1) that a person is required to provide
    "current and valid photo identification" directly conflict with the exemplary list of acceptable
    identification in Subsection (2) that only requires the listed identification to be "valid." Miss Code
    Ann. § 23-15-563. An expired Mississippi driver's license would not be a permissible form of
    identification under Subsection (1); however, as long as it met the definition of valid, an expired
    Mississippi driver's license would be a permissible form of identification under Subsection (2).
    When statutory provisions are ambiguous or in conflict, we look to the rules of statutory
    construction for guidance. Tunica Cnty. v. Hampton Co. Nat. Sur., LLC, 27 So. 3d 1128, 1133
    (Miss. 2009). "Where there are two conflicting provisions in the same statute, the last expression
    of the Legislature must prevail over the former." Warner v. Bd. of Trustees of Jackson Mun. Sep.
    School Dist., 359 So. 2d 345, 347 (Miss.1978). The 2024 amendment, which removed the
    requirements that the identifications in Subsections (a), (b), (c), (d), and (g) be "current," is the
    latest expression of the Legislature's intent. 2024 Miss. Laws S.B. 2576. As such, it is the opinion
    of this office that the statutory requirement that the identifications listed in Subsections (2) (a), (b),
    (c), (d), and (g) must only be "valid" prevails over the provision in Subsection (1), which provides
    that the voter must present "current and valid photo identification." For those forms of
    identification not specifically listed in Subsection (2), it is the further opinion of this office that
    the requirement in Subsection (1) that identification be "current and valid" would apply. Said
    another way, the items specifically listed in Subsection (2) that are only required to be valid but
    not current are exceptions to the general rule that a qualified elector who appears to vote in person
    at a polling place or the registrar's office is required to present a current and valid photo
    identification.
    We understand your second question to ask whether any identification from any other state that
    substitutes for those forms of identification acceptable in Mississippi listed in Subsection (2) will
    allow an elector to vote, either by ballot or affidavit ballot. The voter identification requirement
    generally requires "current and valid photo identification." Miss. Code Ann. § 23-15-563(1). A
    current and valid photo identification issued from another state meets the general photo
    identification requirements in Section 23-15-563(1) and, therefore, could be presented as an
    acceptable form of photo identification. However, as discussed above, the forms of identification
    specifically listed in Subsections (2)(a), (b), (c), (d), (f), and (g) must meet the statutory definition
    of "valid" but do not have to be "current." Therefore, only a driver's license issued in Mississippi
    that is valid but not current would qualify under the exception in Section 23-15-563(2)(a). The
    forms of photo identification that are acceptable that only need to be valid but not current are
    exclusively those specific forms listed in Subsections (2)(a), (b), (c), (d), (f), and (g). As stated
    above, whether a specific document meets the voter identification requirements is a determination
    to be made by local election officials on a case by case basis.
    Your third question essentially asks whether an expired Mississippi driver's license is an
    acceptable form of photo identification under Section 23-15-563. Pursuant to Section 23-15-563(2)(a), a Mississippi driver's license must only be valid as defined in Subsection (3) to meet
    the voter identification requirement. It is not required to be current.

Your fourth question asks whether an expired gun permit may serve as a substitute for the photo
identification requirement since the statute states that the list of identifications in Subsection (2)
of 23-15-563 is not exhaustive. Subsection (2)(e) specifically lists "a current and valid Mississippi
license to carry a pistol or revolver" as a permissible form of photo identification. As stated above,
the general rule is that a person must present a current and valid photo identification to be allowed
to vote. Miss. Code Ann. § 23-15-563(1). Only those photo identifications specifically listed in
Subsections (2)(a), (b), (c), (d), (f), and (g) are not required to be current. Thus, an expired gun
permit does not meet the voter identification requirement.
In your fifth question, you ask whether a driver's license or passport from another country is an
acceptable form of photo identification under Subsection (2) and whether a citizen of another state
or country with an expired government document may vote by ballot or affidavit ballot. We
understand from a later conversation with you that you are asking specifically about individuals
who are not residents or qualified electors of Mississippi. A non-United States passport or non-Mississippi driver's license that is current and valid and meets the general photo identification
requirements in Section 23-15-563 may be an acceptable form of photo identification. However,
a non-United States citizen or non-Mississippi resident cannot cast a legal ballot in Mississippi
simply because he or she possesses a photo identification pursuant to Section 23-15-563. To cast
a legally counted vote in Mississippi, an individual must be a qualified elector, and, thus, must be
a resident of Mississippi and citizen of the United States. MISS. CONST. art. XII, § 241. An
affidavit ballot that is cast by virtue of an acceptable form of photo identification may not be
counted if, upon examination of the records, the election commissioners find it is not legally
counted. Miss. Code Ann. § 23-15-573(3)(c). Thus, to the extent you are asking whether a non-Mississippi resident or non-United States citizen can have their vote counted in Mississippi simply
because he or she possesses a photo identification that could fit within a category in Subsection
(2), the answer is no. To vote in Mississippi an individual must be a qualified elector of Mississippi,
and, thus, must be a resident of Mississippi. MISS. CONST. art. XII, § 241.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General