Mississippi Advisory Opinions April 16, 1999: AGO 1999-0199 (April 16, 1999)

Advisory Opinion Text

Honorable Joe W. Martin

Jackson County Circuit Clerk

Post Office Box 998

Pascagoula, Mississippi 39568-0998

Re: Use of Voting Machines

Dear Mr. Martin:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states:

I am writing to you as Circuit Clerk of Jackson County. A local union associated with a large industrial employer here has offered to allow us to be present at their upcoming elections to train voters on use of our voting machines and to distribute voter registration materials in exchange for their use of those machines for their election. The union has offered to post a deposit of $1000 in the event of any damage to the machines.

We believe this would an excellent teaching tool for the county, as well as an opportunity to encourage voter registration and participation in county elections.

I would appreciate your guidance as to whether there would be any legal problems created by this agreement between Jackson County and the union. Since the election is very near, I would appreciate your prompt response to this question.

In response to your inquiry, this office is aware of no prohibition to Jackson County allowing the local union to use the voting devices in exchange for an opportunity to register voters and educate voters on the use of the voting devices. It is our understanding that no tax dollars will be utilized in this endeavor. Moreover, the opportunity to educate a large number of people in the use of the voting devices could be beneficial to the county and to the overall electoral process. Therefore, if the Board of Supervisors finds, pursuant to “home rule, ” that allowing the local union to utilize the voting devices is beneficial to the county, they may authorize such use. See Section 19-3-40, Miss. Code Ann .

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General