Mississippi Advisory Opinions July 06, 1979: 19790706 (July 06, 1979)

Advisory Opinion Text

Honorable Joe Palmer

Chairman

Perry County Democratic Executive Committee

Post Office Box 571

Richton, Mississippi 39476

Dear Mr. Palmer:

Attorney General Summer has received your request for opinion and has referred it to the undersigned for research and reply.

The questions you present followed by the opinion in response thereto are set forth below in the order in which you present them.

‘(1.) Are the Applications for Absentee ballots (by the voters to be placed in the ballot boxes with the envelopes containing the ballots before such boxes are delivered to the Managers?’

(1) Section 23–9–405, Mississippi Code of 1972, Annotated and Amended, as appears in the 1978 Pocket Part to Volume 6 regarding the duties of the registrar in carrying out the Absentee Balloting Procedures Law provides, among other things, the following:

‘The application on file with the registrar and the envelopes containing the ballots shall be kept by the registrar and deposited in the proper precinct ballot boxes before such boxes are delivered to the election commissioners or managers .’ (Emphasis added)

‘(2). Can absentee Ballots be sent to people if they call in a request by phone?’

(2) Section 23–9–407, ibid. provides:

‘The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive a ballot.’

It is the opinion of this office, therefore, that an absentee ballot along with an application therefor in the form provided in Section 23–9–407, supra, may be sent to anyone upon request by telephone or any other method of communication.

Separate envelopes, one for the form of application and the other for the absentee ballot together with separate printed instructions shall also be furnished, as provided by Section 23–9–409, ibid.

It is to be seen, therefore, that proper completion of the application form and the certificate of attesting witness, together with the voter's affidavit are the critical considerations and not how or in what manner the application form and ballot have been supplied to the absent elector.

‘(3) Can the Registrar carry Absentee Ballots out to people who are in the Hospital; or, sick in bed at home? Who can carry ballots out?’

(3) Section 23–9–409, ibid, provides, among other things that:

‘. . . neither the registrar nor his deputy shall be required to go out of the registrar's office to serve as an attesting witness.’

While the statute does not place a mandatory duty upon the registrar to go out of the office to serve as an attesting witness, the registrar is not prohibited from so doing and is not prohibited from carrying the absentee application and absentee ballot. I am aware of no prohibition to anyone who may desire from carrying the absentee application and absentee ballot to an absentee voter. However, it is the opinion of this office that all absentee ballots not voted in the office of the registrar must be returned to said office through the United States Mail, there being no other means or method provided by statute.

‘(4) Am I right in thinking that all Absentee ballots must be mailed back to the Registrar?’

(4) Please see answer to No. 3, above.

‘(5) If a person who lives in say Beat 2 (or rather, resides in Beat 2) or, (whatever Beat); can he keep his voting in another Beat in the County other than Beat 2? If the answer is No: can he be challenged by some one at the Precinct when he goes to vote (or Protest)?’

(5) Construing the word ‘lives' in your question to mean ‘resides', and on a permanent basis as distinguished from temporary which, of course, may only be determined from the true facts and circumstances, it is the opinion of this office that one is only eligible to vote in the precinct and supervisor's district in which such person is a resident.

It is the further opinion of this office that any person attempting to vote in a voting district or supervisor's district in which such person does not maintain their legal residence, that such person may be challenged at the precinct upon attempting to vote therein.

Very truly yours,

A. F. Summer Attorney General.

W. D. Coleman Deputy Attorney General.