Mississippi Advisory Opinions October 15, 1982: 19821015 (October 15, 1982)

Advisory Opinion Text

Mrs. Alice M. Scott

Chairperson

Madison County Election Commission

523 Singleton Street

Canton, Mississippi 39046

Re: Elections - Commissioners

Dear Mrs. Scott:

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

Your letter states:

“I, yalice M. Scott, Chairperson of the Madison County Election Commission, would like a copy of the volume of the Mississippi Code which contains the election laws.

“Also, please give me your opinion and / or interpretation in writing of the phrase, 'Any Elected Official, ' on the back of the absentee ballot concerning the signature of the attesting witness and / or seal of a notary public.

“One last request concerns the legal age and voter registration of a person who works in his / her precinct on election day.”

We regret that we are unable to furnish you a copy of Volume Six (6) of the 1972 Mississippi Code which contains our election laws. However, we have requested the Secretary of State to mail you a copy of the election laws in pamphlet form.

In response to your question concerning the signature of the attesting witness, we do not find the term “Any ElectedOfficial” printed on the back of the absentee ballot envelope. However, we are enclosing a copy of Mississippi Code Annotated § 23-9-409 (Supp. 1982) which specifies officials who may be attesting witnesses. We also enclose a copy of § 11-1-1 which specifies officials who are authorized to administer oaths and take acknowledgments.

In response to your question concerning the “legal age” and voter registration of a person who works in his / her precinct, we enclose copies of Sections 23-5-99 and -103 which require that managers and clerks of elections be residents of the precincts in which the polling place they are to be employed is located.

We know of no statutory requirement that such poll workers be qualified electors of the precinct in which they are to work, nor do we know of any statutory requirement that such workers be of any certain age. As a practical matter, managers and clerks of elections should be old enough to possess the knowledge and maturity required by the nature of such positions of responsibility.

Very truly yours,

Bill Allain, Attorney General.