Mississippi Advisory Opinions December 19, 2003: AGO 000015959 (December 19, 2003)

AGO 000015959.

Dear Mr. Dowdy:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

I represent the Pike County Board of Supervisors. We respectfully request your written opinion concerning the following facts:

On November 24, 2003 the Circuit Clerk of Pike County, Mississippi was handed a "formal complaint against the 2003 General Election ballots cast in the Sheriff of Pike County race." In keeping with his practice, the clerk accepted for filing, and assigned a case number.

The question which is posed by this inquiry is: Does the complaint submitted on November 24, 2003, a copy of which is attached as Exhibit "A", suffice as a petition or valid election contest, and should the document, if it is not a valid election contest, be stricken or removed from the files maintained in the Office of the Circuit Clerk? Further, may any relief sought in the letter be granted?

You enclosed a copy of the "formal complaint" which is in letter form and requests that "an examination of ballots, precinct sign in books and affidavit/absentee ballots be provided and that the actual number of votes per candidate matches each precinct which was cast in the Sheriff of Pike County race."

Mississippi Code Annotated Section 23-15-951 (Revised 2001) sets forth the procedure to file a contest of a general election. Section 23-15-911 sets forth the procedure for an examination of the ballot boxes.

It appears that the complaint seeks an examination of the ballot boxes rather than a formal election contest. Section 23-15-911 requires that any examination of the ballot boxes be conducted within twelve (12) days of certification of the election results by the county election commission. That statute also requires that the other candidates for the office in question be given three (3) days notice of said examination. We understand that the letter of complaint was received by the circuit clerk after the twelve (12) day period had expired. There is no indication that the other candidates were given the required notice. Since notice of the examination was not timely made, no examination can be conducted.

Whether the letter in question constitutes a valid election contest pursuant to Section 23-15-951 is a factual question that is not a proper subject of an attorney general's opinion Miss. Code Ann. Section 7-5-25.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General