Mississippi Advisory Opinions March 06, 1992: 19920306 (March 06, 1992)

Advisory Opinion Text

Walter W. Teel, Esquire

Attorney for Harrison County Election Commission

Post Office Drawer 550

Gulfport, Mississippi 39502

Dear Mr. Teel:

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

“This letter is a follow up to our prior phone call. Our office represents the Harrison County Election Commission and the Board of Supervisors. As you are aware, our county will vote on the Dockside Referendum in a few weeks. The question has come up as it did last year as to whether or not poll watchers for ‘issue-non-candidate’ elections are allowed. It is my view after reading the appropriate statutes, that poll watchers are allowed only in situations where there is a candidate. The theory being that a candidate has the right to personally observe the voting process to assure that an election is properly handled. The candidate in his place can appoint poll watchers who essentially act as the candidate's agent or representative.

Question: In an election involving an issue-non-candidate, under Mississippi Law, are poll watchers allowed in such situations?”

Mississippi Code Annotated § 23-15-245 (Revised 1990) provides:

“It shall be the duty of the manager designated as bailiff to be present at the voting place, and to take such steps as will accomplish the purpose of his appointment, and he shall have full power to do so, and he may summon to his aid all persons present at the voting place. A space of thirty (30) feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except the election officers and two (2) challengers of good conduct and behavior, selected by each party to detect and challenge illegal voters; ....”

Section 23-15-577 provides:

“Each candidate shall have the right, either in person or by a representative to be named by him, to be present at the polling place, and the managers shall provide him or his representative with a suitable position from which he or his representative may be able to carefully inspect the manner in which the election is held. He or his representative shall be allowed to challenge the qualifications of any person offering to vote, and his challenge shall be considered and acted upon by the managers.”

Section 23-15-245 requires the election bailiff to keep the prescribed space of thirty (30) feet in every direction from the polls, or the room in which the election is held, “open and clear of all persons” except election officials and two (2) challengers selected by each political party. This exception, in our opinion, applies only to elections wherein party nominees are competing for election to public office. Likewise, Section 23-15-577 carves out an exception to the “thirty-foot rule” by allowing each candidate or his representative to be present to observe the election. We find no exception which would allow pollwatchers to be within the restricted area during a referendum.

Sincerely,

Mike Moore Attorney General.