Mississippi Advisory Opinions December 13, 1984: 19841213 (December 13, 1984)

Advisory Opinion Text

Honorable Kenneth L. Thomas

Attorney

City of Rosedale

Post Office Box 370

Rosedale, Mississippi 38769

Dear Mr. Thomas:

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

Your letter states:

“On December 10, 1984 there was a city election in Rosedale, Mississippi wherein the counting of absentee ballots for the councilmatic positions was, and still remains, very crucial. The Election Commission of said city has directed me to obtain from your office an opinion on three questions listed hereinbelow.

“1. Whether a voter's absentee ballot is invalidated as to the race for councilmen for failure to vote for more than one councilman when four candidates were running to fill two positions?

“2. Whether a person who has voted by absentee ballot may vote a second absentee ballot because of an alleged mistake on the first one?

“3. Whether the seal of a Notary Public, etc. is required to appear across the flap of the envelope containing the absentee ballot in order for such ballot to be valid.

“The Election is awaiting your opinion prior to certifying the election aforementioned. Therefore, your expeditious response shall be greatly appreciated.”

In response to your first question, Mississippi Code Annotated § 21-11-15(1972) provides:

“At any municipal election, ballots shall be marked in the same manner as is provided by law for general state and county elections. In all cases where two or more persons are to be elected for the same office the failure on the part of any elector to vote for as many candidates as there are persons to be elected to such office shall render his ballot void as to any candidate voted for by him for such office. (Emphasis added)

Therefore, an absentee ballot which indicates a vote for only one person when there are two offices to be filled is void and should not be counted.

In response to your second question, we find no authority which would allow an absentee voter to vote a second absentee ballot because of an alleged mistake.

In response to your third question, while Section 23-9-409 requires that the elector's signature shall be across the flap of the envelop containing the absentee ballot, we know of no such requirement concerning the seal.

Very truly yours,

Edwin Lloyd Pittman, Attorney General