Mississippi Advisory Opinions October 24, 1990: AGO 000010533 (October 24, 1990)

AGO 000010533.

Dear Mr. Barefield:

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

Your letter states:

"This is a request for an official opinion of your office concerning the interpretation of Section 23-15- 227, Mississippi Code of 1972.

The question has arisen as to how much Forrest County can pay, both the manager and the bailiff, for taking out and bringing back the official ballot boxes and poll books as described in the aforementioned section. Forrest County operates under a punch card type ballot system as authorized by Section 23-15-461, et seq. Section 23-15-479 contains the following language:

`Two (2) managers shall forthwith deliver the ballot box to the counting center or other designated place and receive a signed, numbered receipt therefor.'

Under the electronic voting system, two managers are required to return the ballot box and ballots to the voting center whereas Section 23-15-227, speaking in the singular, refers to the manager or person being entitled to receive the additional $10.00 for taking the paraphernalia away from the courthouse and an additional $10.00 for acting as returning officer. The question is, because of the electronic voting system used in Forrest County, can Forrest County pay both the manager and the bailiff a total of $70.00 each for the carrying of the voting boxes and paraphernalia from the courthouse and returning the same to the counting center? If not, what is the maximum that can be paid?" Mississippi Code Annotated Section 23-15-227 (Supp. 1989) provides:

"The managers and clerks shall be each entitled to Fifty Dollars ($50.00) for each election; and the manager or other person who shall carry to the place of voting, away from the courthouse, the official ballots, ballot boxes, pollbooks and other necessities, shall be allowed Ten Dollars ($10.00) for each voting precinct for so doing; and the manager or other person who act as returning officer shall be allowed Ten Dollars ($10.00) for each voting precinct for that service, all to be allowed by the board of supervisors, payable out of the county treasury.

The compensation provided herein shall constitute payment in full for the services rendered by the persons named for any election, whether there be one (1) election or issue voted upon, or more than one (1) election or issue voted upon at the same time."

Section 23-15-231 provides:

"Prior to every election, the commissioners of election shall appoint three (3) persons for each voting precinct to be managers of the election, one (1) of whom shall be designated by the commissioners of election as election bailiff...."

Section 23-15-235 makes provision for the appointment of additional managers or clerks based on the number of registered voters in the respective precincts.

Section 23-15-471 provides:

"The official ballots, ballot labels, ballot cards, sample ballots and other necessary forms and supplies of the form and description required by this chapter or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same officials, in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots. If ballot cards are used, each card shall have a serially numbered stub which shall be removed in the presence of an election officer by the voter before being deposited in the ballot box." (emphasis added)

Section 23-15-479 provides:

"The managers shall prepare a report in duplicate of the number of voters who have voted, as indicated by the poll list, and shall place this report in the ballot box, which thereupon shall be sealed with a paper seal signed by the managers so that no additional ballots may be deposited or removed from the ballot box. Two (2) managers shall forthwith deliver the ballot box to the counting center or other designated place and receive a signed, numbered receipt therefor. The poll list, register of voters, unused ballots and ballot cards, spoiled ballots, and other records and supplies, shall be returned as directed by the officials in charge of the election. (emphasis added)

Reading the above quoted code sections in pari materia we conclude that:

1. Each duly appointed manager or clerk is entitled to $50.00 for working on election day;

2. The manager or other person who carries the ballot box and required materials to the place of voting, away from the courthouse, is entitled to $10.00 for each voting place so served [only one (1) person can be authorized to perform this duty]; and

3. The manager or other person who serves as the returning officer is entitled to $10.00 for each voting precinct so served and that in counties which have the "punch card" system of voting, since two (2) managers are required to deliver the ballot box to the counting center or other designated place, each of those managers is entitled to $10.00.

Based on the above stated conclusions and assuming that the managers of the respective voting places deliver and return the ballot boxes for their own voting place, it is the opinion of this office that in a county which utilizes the "punch card" system of voting, the individual who is designated as the manager or person to deliver the ballot box, etc. to the polling place prior to the voting pursuant to sections 23-15-471 an 23-15-227, and is also one of the two managers designated to deliver the ballot box to the counting center or other designated place after the voting pursuant to section 23-15-479 would be entitled to $70.00. A manager who is designated as one of the two managers to deliver the ballot box to the counting center or other designated place after the voting would be entitled to $60.00.

Other managers and clerks would be entitled to $50.00 each.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General