Mississippi Advisory Opinions July 12, 1982: 19820712 (July 12, 1982)

Advisory Opinion Text

Honorable Joe W. Martin, Jr.

Circuit Clerk

Post Office Box 998

Pascagoula, Mississippi 39567

RE: Elections - Miscellaneous

Dear Mr. Martin:

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

Your letter states:

“I would sincerely appreciate your opinion as to the following:

“Jackson County will have a Special Election on July 27th for Supervisor in Districts 2, 4, and 5. This County is now considering hiring a County Administrator. The candidates for supervisor are being asked by the voters what their position is regarding the hiring and naturally, the candidates need to know how the residents of this County feel about this matter.

“Our question is - is there any statutory authority to permit (or prohibit) a 'straw vote' conducted at the precincts at the Special Election if such vote in no way interferred with the orderly conduct of the election. Could someone (certainly other than an Election Official) ask the voter if he would like to express an opinion as to the hiring of a County Administrator?

“Certainly this Clerk would not favor allowing any and all special interest groups to disrupt “our elections by conducting surveys, at the polls, but this particular question about the County Administrator seems, in this County, to be a serious concern to many residents and perhaps they are interested in expressing their opinion in conjunction with the Special Election, if such would be within the law.”

In response to your inquiry, we find no authority which would allow a “straw vote” to be held at the voting precincts in conjunction with a special election.

However, we know of nothing which would prohibit a “straw vote” provided such activity is: (1) conducted at least thirty (30) feet from the polls [see Mississippi Code Annotated § 23-5-109 (1972), copy enclosed]; (2) completely voluntary on the part of the voters; and (3) conducted by persons who are not election officials and do not identify themselves as election officials.

Very truly yours,

Bill Allain, Attorney General.