Mississippi Advisory Opinions February 22, 2019: AGO 2019-00043 (February 22, 2019)

Advisory Opinion Text

The Honorable Sara Carlson Dionne

Chairman

Warren County Election Commission

Post Office Box 351

Vicksburg, Mississippi 39181

Re: Maximum Number of Poll Managers

Dear Commissioner Dionne:

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

Issue Presented

You cite Section 23-15-235 of the Mississippi Code as amended by Chapter 441, Laws of 2017 and inquire as to the maximum number of poll managers that an election commission may now hire to work at a particular polling place in special and general elections. Similarly, you seek our opinion concerning the maximum number of poll managers that may be appointed to work in party primaries. We note that county election commissions may be tasked with appointing poll managers for primaries pursuant to a written agreement with a county party executive committee as authorized by Sections 23-15-266 and 23-15-265(2)(a).

Response

The maximum number of poll managers that may be employed to work at a polling place in primary, special and general elections is determined by the number of registered voters of a particular precinct as set forth in Section 23-15-235. If the number of registered voters of a particular precinct is sufficient to authorize the appointment of the maximum of six (6) additional poll managers, those so appointed would be in addition to the three (3) poll managers required by Section 23-15-231. Therefore, the absolute maximum number of managers for a particular polling place, as indicated in your letter, is nine (9).

Should an election commission be authorized to appoint poll managers for two different political party primaries, the number of poll managers for each primary would be determined in the same manner as they are determined by the commission for a special or general election. Therefore, if an election commission is authorized to appoint poll managers for democratic and republican primaries to be conducted simultaneously, the number of poll managers for each primary is limited to nine (9).

We caution that the number of poll managers should be limited to the number that is actually needed to accommodate the anticipated voters in each election as determined by the appointing commission subject, of course, to the statutory limitations.

Applicable Law and Discussion

The appointment of poll managers for special and general elections by election commissions is governed by Sections 23-15-231 and 23-15-235 of the Mississippi Code.

The appointment of poll managers for primary elections is governed by Section 23-15-265 of the Mississippi Code which specifically requires executive committees, or election commissions, if so authorized, to make their appointments pursuant to Sections 23-15-231 and 23-15-235.

Section 23-15-231 as amended by Chapter 441, Laws of 2017 now provides:

Before every election, the election commissioners shall appoint three (3) persons for each voting precinct to be poll managers, one (1) of whom shall be designated by the election commissioners as election bailiff. For general and special elections, the poll managers shall not all be of the same political party if suitable persons of different political parties can be found in the district. If any person appointed shall fail to attend and serve, the poll managers present, if any, may designate someone to fill his or her place; and if the election commissioners fail to make the appointments or in case of the failure of all those appointed to attend and serve, any three (3) qualified electors present when the polls should be opened may act as poll managers. Provided, however, any person appointed to be poll manager or act as poll manager shall be a qualified elector of the county in which the polling place is located.

Section 23-15-235 as amended by Chapter 441, Laws of 2017 now provides:

In addition to the poll managers appointed pursuant to Section 23-15-231, for the first five hundred (500) registered voters in each voting precinct, the election commissioners may, in their discretion, appoint not more than three (3) persons to serve as poll managers of the election. The election commissioners may, in their discretion, appoint three (3) additional persons to serve as poll managers for each one thousand (1,000) registered voters or fraction thereof in each voting precinct above the first five hundred (500), not to exceed six (6) additional poll managers under this section. Any person appointed as poll manager shall be a qualified elector of the county in which the voting precinct is located.

Section 23-15-265 provides, in part:

(1) The county executive committee of each county shall meet not less than two (2) weeks before the date of any primary election and appoint the poll managers for same, all of whom may be members of the same political party. The number of poll managers appointed by the county executive committee shall be the same number as election commissioners are allowed to appoint pursuant to Sections 23-15-231 and 23-15-235. .... (Emphasis added).

Section 23-15-266 provides:

A county or municipal executive committee shall be eligible to enter into written agreements with a circuit or municipal clerk or a county or municipal election commission as provided for in Section 23-15-239(2), 23-15-265(2), 23-15-267(4), 23-15-333(4), 23-15-335(2) or 23-15-597(2), only if the political party with which such county or municipal executive committee is affiliated:

(a) Has cast for its candidate for Governor in the last two (2) gubernatorial elections ten percent (10%) of the total vote cast for governor; or

(b) Has cast for its candidate for Governor in three (3) of the last five (5) gubernatorial elections twenty-five percent (25%) of the total vote cast for Governor. (Emphasis added).

Section 23-15-265 provides, in part:

(1) The county executive committee of each county shall meet not less than two (2) weeks before the date of any primary election and appoint the poll managers for same, all of whom may be members of the same political party. The number of poll managers appointed by the county executive committee shall be the same number as election commissioners are allowed to appoint pursuant to Sections 23-15-231 and 23-15-235. If the county executive committee fails to meet on the date named, supra, further notice shall be given of the time and place of meeting.

(2)(a) If it is eligible under Section 23-15-266, the county executive committee may enter into a written agreement with the circuit clerk or the county election commission authorizing the circuit clerk or the county election commission to perform any of the duties required of the county executive committee pursuant to this section. Any agreement entered into pursuant to this subsection shall be signed by the chair of the county executive committee and the circuit clerk or the chair of the county election commission, as appropriate. The county executive committee shall notify the state executive committee and the Secretary of State of the existence of the agreement.

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We find no legal authority for a county board of supervisors to hire, or authorize an election commission to hire, poll managers over and above the statutory limit as set forth above.

Sincerely,

Jim Hood, Attorney General.

Phil Carter, Special Assistant Attorney General.