Mississippi Advisory Opinions May 29, 1992: 19920529 (May 29, 1992)

Advisory Opinion Text

Honorable Joe W. Martin, Jr.

Circuit Clerk

Post Office Box 998

Pascagoula, Mississippi 39568–0998

Re: POLLWORKERS IN PRIMARY ELECTIONS (DUAL SERVICE)

Dear Mr. Martin:

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

“I have reviewed copies of your February 19 and April 29 opinions addressed to Tom Stennis, Attorney for the Jackson County Board of Supervisors.

Both of those opinions specifically state that the opinions were rendered based upon the assumption that the questions asked were in reference to general or special elections to be conducted by the Jackson County Election Commission.

Assuming that the elections in question are party primaries being conducted by the Democrat and Republican Executive Committees, does Section 23–15–231 require three managers for each party or a total of three managers for both parties?

Again assuming that the elections in question are party primaries being conducted by the executive committees, may the managers appointed conduct both primaries jointly, or is each political party required to appoint managers to conduct their primary separate and apart from any other party primary?”

Mississippi Code Annotated § 23–15–263 (Revised 1990) provides in part:

“(1) The county executive committee at primary elections shall discharge the functions imposed upon the county election commissioners, except as to revising the registration and pollbooks, and shall be subject to all the penalties to which county election commissioners are subject, ....”

Section 23–15–231 provides:

“Prior to every election, the commissioners of election shall appoint three (3) persons for each voting precinct to be managers of the election, one (1) of whom shall be designated by the commissioners of election as election bailiff. Such managers shall not all be of the same political party if suitable persons of different political parties can be found in the district. If any person appointed shall fail to attend and serve, the managers present, if any, may designate someone to fill his place; and if the commissioners of election fail to make the appointments or in case of the failure of all those appointed to attend and serve, any three (3) qualified electors present when the polls should be opened may act as managers. Provided, however, any person appointed to be manager or act as manager shall be a qualified elector of the county in which the polling place is located.” (emphasis ours)

Each party executive committee has the responsibility of appointing pollworkers to conduct its primary election separate and apart from any other election. However, since the only statutory qualification to serve as a pollworker is that one be a qualified elector of the county in which the polling place is located, if an individual is independently appointed to act as a pollworker in more than one primary election being conducted in the same polling place, we find no statutory prohibition against an individual serving in such dual capacity. However, Section 23–15–227, which sets the compensation for pollworkers, provides that pollworkers are not entitled to additional compensation for working in more than one election on the same day.

Sincerely,

Mike Moore Attorney General.