Mississippi Advisory Opinions February 10, 1986: AGO 000010387 (February 10, 1986)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000010387
Date: Feb. 10, 1986
Advisory Opinion Text
AGO 000010387.
DOCK
AUTH Catherine Walker Underwood
DATE 19860210
RQNM Joe W. Martin, Jr.
SUBJ Past Action
SBCD 275
TEXT Mr. Joe W. Martin, Jr.
Jackson County Circuit Clerk
Post Office Box 998
Dear Mr. Martin:
Attorney General Edwin Lloyd Pittman has received your letter of request and has asked me to respond.
In your letter you ask the following:
We would sincerely appreciate your guidance in our efforts to comply with the "Voting Accessibility. . .Act" and seek your opinion regarding Sec. 5(b), copy attached. "No notarization . . . shall be required . . . with respect to an absentee ballot could mean that the absentee ballot envelope affidavits do have to be notarized. It could mean that the voter does not have to make or have made a notarized statement that he is handicapped. It could also mean that the application for absentee ballot does not have to be notarized. Our question is - what notarization shall and shall not be required with respect to an elderly or handicapped person obtaining and casting an absentee ballot?
Your questions deal with reference to the "Voting Accessibility for the Elderly and Handicapped Act" which has application to federal elections. Under the authority of Miss. Code Ann. Section 7-5-25 (Supp. 1985), this office may only issue official opinions dealing with state law. However, for your information, I have attached an excerpt from the Legislative History of the Act which may be of interest to you. Mr. Joe W. Martin, Jr. February 10, 1986 Page two * * * Notarization or medical certification could not be required of a handicapped voter in order to apply for or receive an absentee ballot, with the exception that medical certification could be required if certification established the voter's right to automatically receive an application for an absentee ballot or an absentee ba!lot on a continuing basis. Certification could also be required to establish eligibility to apply for an absentee ballot after the deadline had passed. * * * If we can be of assistance on another matter, please let us know. Sincerely yours, EDWIN LLOYD PITTMAN, ATTORNEY GENERAL
BY: CATHERINE WALKER UNDERWOOD ASSISTANT ATTORNEY GENERAL /ms ..DOCK: 85-241