Mississippi Advisory Opinions January 28, 1987: AGO 000007756 (January 28, 1987)

AGO 000007756.

Dear Ms. Slaughter-Harvey:

Attorney General Edwin Lloyd Pittman has received your letter and has assigned it to me for research and reply. Your letter states:

I am writing to request an official written opinion concerning the arrangement of Constitutional amendments on county ballots.

Chapter No. 501, Laws of 1986, provides that the "substance" or the "explanatory statement,"of each proposed Constitutional amendment shall appear on the regular ballot following the listing of the names of the candidates. In addition, the Secretary of State is responsible for designating a number to each proposed amendment in the order in which each is filed with this office.

Section 3263, Code of Mississippi of 1942, provides that it is the duty of the Secretary of State, with the approval of the Governor, to furnish the designated commissioner of each county a sample of the official ballot . . . the general form of which shall be followed as nearly as practical. . . ."

Does the designated commissioner of each county Election Commission have the authority to rearrange the order of the Constitutional amendments as designated by the Secretary of State and approved by the State Board of Election Commissioners?

Miss. Code Ann. 23-15-369 (Supp. 1986; Special Pamphlet) provides that the Secretary of State shall give each proposed constitutional amendment a designating number for convenient reference. The statute further provides that such number shall appear on the ballot. Section 23-15-369 provides that the Secretary of State, with approval of the Governor, shall furnish a sample of the official ballot to the designated election commissioner in each county. Such commissioner is required to follow the general form of the sample as nearly as practicable.

It is the opinion of this office the designated commissioner of each county is required to follow the general form of the sample ballot, including the arrangement of constitutional amendments. Only where there are compelling reasons may the designated commissioner deviate from-the-form of the sample ballot. To arrange the amendments in a different order than designated would lead to voter confusion and defeat the legislative intent in providing that the legislative amendments be numbered by the Secretary of State.

Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Yours truly,

Edwin Llyod Pittman

BY:

John H. Emfinger Special Assistant Attorney General

ELP/JHE/pa