Mississippi Advisory Opinions March 31, 1982: 19820331 (March 31, 1982)

Advisory Opinion Text

Honorable Harrell Granberry

City Clerk of Yazoo City

Post Office Box 689

Yazoo City, Mississippi 39194

Re: Elections — Absentee Ballots

Dear Mr. Granberry:

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

Your letter states:

“The City of Yazoo City will hold a General Municipal Election on April 5, 1982. The following question has been raised concerning the proper completion of absentee ballot return envelope (sample attached). The reverse side of several envelopes already received appears to be properly completed, i.e. all blanks are filled in, etc. The return address section in the top left corner of said envelopes, however, is blank. Does the fact that an absentee voter failed to complete the return address section of the ballot return envelope disqualify that absentee ballot? The Registrar is able to determine the proper voting precinct for each absentee ballot in question from the voter's name on the reverse side of the ballot return envelope and from the absentee voter's application for absentee ballot.”

Article 1 of Chapter 9 of Title 23 of the Mississippi Code of 1972, Annotated (the “Code”), is the Absentee Balloting Procedures Law. Code sections within this article relevant to your inquiry provide:

Ҥ 23-9-511. Mailing envelopes.

All official absentee ballots shall be sent out and returned in envelopes on which there is printed across the face two parallel horizontal red bars, each one-fourth inch wide, extending from one side of the envelope to the other side, with an intervening space of one-fourth of an inch, the top bar to be one and one-fourth inches from the top of the envelope, and with the words 'OFFICIAL ELECTION BALLOTING MATERIAL-VIA AIR MAIL' between the bars. In the upper right corner of each such envelope there shall be printed in a box the words 'FREE OF U.S. POSTAGE, INCLUDING AIR MAIL.' All printing on the face of such envelopes shall be in red, and there shall be printed in red in the upper left corner of all such ballot envelopes an appropriate inscription for the return address of the sender.”

Ҥ 23-9-409. Instructions to absent electors.

(1) The registrar shall enclose with each ballot sent to an absent elector separate printed instructions furnished by him containing the following:

(A) All absentee voters, excepting those physically incapacitated, who mark their ballots in the county of the residence shall use the registrar of that county as the witness. Said absentee voter shall come to the office of the registrar and neither the registrar nor his deputy shall be required to go out of the registrar's office to serve as an attesting witness. ...

... (C) After marking the ballot, fill out and sign the 'Elector's Certificate' on back of the envelope so that the signature shall be across the flap of the envelope so as to insure the integrity of the ballot. Have the attesting witness sign the 'Attesting Witness Certificate' on back of the envelope. Place necessary postage on the envelope and deposit it in the post office or some government receptacle provided for deposit of mail so that the absent elector's ballot, excepting presidential absentee balloting, will reach the registrar in which your precinct is located not later than twelve noon on the day preceding the date of the election or by personally delivering such ballot to the registrar's office not later than 5:00 p.m. on the second day immediately preceding the election. ...

(D) When the application accompanies the ballot it shall not be returned in the same envelope as the ballot but shall be returned in a separate pre-addressed envelope provided by the registrar.

(2) The foregoing instructions required to be mailed by the registrar to the elector shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar. ...” (Emphasis Supplied)

Considering the foregoing, it is the opinion of this office that when a voter mails his or her ballot to the municipal registrar in the envelope properly provided for that purpose, then the absence from the face of that envelope of any entry in the upper left hand corner of the voter's complete address, or any part of an address, does not invalidate that absentee ballot otherwise lawfully voted.

Yours very truly,

Bill Allain Attorney General.