Mississippi Advisory Opinions June 13, 1997: AGO 97-0329 (June 13, 1997)

Advisory Opinion Text

Hon. Jean White

City Clerk

City of Edwards

P.O. Box 215

Edwards, Mississippi 39066

Re: Section 23-15-221

Dear Ms. White:

Attorney General Mike Moore has received your letter of request for an official opinion and has assigned it to me for research and reply. You state:

I am requesting an opinion on the City's municipal election commissioners working at the polls as election managers for the General Election.

We have four (4) wards but we vote at one central location, but each ward has its own separate election box and ballots. My interpretation of Section 23-15-221 is if a municipality has but one election precinct (voting at large) that the commissioners would act as election managers. Since we vote by wards the commissioners would appoint election managers.

One of our commissioners understands the law to allow them to act as election managers because we vote at a central location it is considered as one election precinct. Your opinion is needed as soon as possible.

Black's Law Dictionary 1340-1341 (4th ed. 1968) defines “precinct” as “[a]n election district created for convenient localization of polling places.” [Citations omitted]. “Ward” is defined as

A territorial division is adopted in most American cities by which the municipality is separated into a number of precincts or districts called ‘wards' for purposes of police, sanitary regulations, prevention of fires, elections, etc.”

Id . at 1754-1755.

Section 23-15-221, Miss. Code Ann . states, in pertinent part:

The said election commissioners shall, in case there be but one (1) election precinct in the municipality, act as election managers themselves.

This office has previously opined that, pursuant to Section 23-15-221, if there is only one election precinct in the municipality, the municipal election commissioners shall act as election managers. MS AG Op., Spinks (February 7, 1996). The definitions of “ward” and “precinct” listed above appear to be synonymous and therefore, it is the opinion of this office a municipality with four wards has four voting precincts for purposes of Section 23-15-221 and the election commissioners should appoint others to act as election managers for the election.

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

Very truly yours,

Mike Moore, Attorney General.

Sandra M. Shelson Special Assistant Attorney General.