Mississippi Advisory Opinions June 24, 1983: 19830624 (June 24, 1983)

Advisory Opinion Text

Honorable Mary T. Vandevender

Circuit Clerk of Issaquena County

Mayersville, Mississippi 39113

Elections - Absentee Ballots

Dear Mrs. Vandevender:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“Section 23-9-603, pertaining to absentee voters includes persons eligible to vote absentee ballot includes any person physically unable to go to the polls on election day.

“My question is, may a circuit clerk deliver an application for absentee ballot and the ballot to the home of a bedridden voter? There being no other official to administer oaths in the particular area.”

Please see the enclosed copy of an opinion addressed to Mrs. Ruth Dixon, dated October 11, 1982.

In summary, that opinion states that the county registrar or his deputy may, upon proper request or application, personally deliver an absentee ballot to a physically incapacitated voter within the county provided the voter use the registrar or deputy registrar as the witness and further provided all statutory provisions are complied with as if such person had appeared in person in the office of the registrar and cast his ballot.

It is our further opinion that an application for an absentee ballot may also be personally delivered to a physically incapacitated voter by the registrar or his deputy.

Very truly yours,

Bill Allain, Attorney General.