Mississippi Advisory Opinions December 13, 1991: AGO 000005525 (December 13, 1991)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000005525
Date: Dec. 13, 1991
Advisory Opinion Text
AGO 000005525.
DOCK 1991-0880
AUTH Phil Carter
DATE 19911213
RQNM Sandra Garber
SUBJ Elections-Miscellaneous
SBCD 068
TEXT Honorable Sandra Garber
Election Commissioner
Post Office Box 56
Kiln, Mississippi 39556
Dear Commissioner Garber:
Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:
"I would like an opinion from your office to clear up any confusion on future elections. I had lots of complaints in one precinct about a school board race. Part of the box votes on the school board and part does not. The poll managers and one of the candidates in another race insisted I have two sets of voter sign in books. I spoke with other election commissioners and also the circuit clerk and they all felt as I did, that only one set was needed. Please advise as soon as possible."
We find no statutory requirement that separate "sign in" books be used where there exists the situation described in your letter.
Mississippi Code Annotated Section 23-15-129 (Revised 1990) requires the formation of subprecincts and the use of separate pollbooks when necessary to insure that all persons within a subprecinct will vote on the same candidates for public office.
Sincerely,
MIKE MOORE, ATTORNEY GENERAL
BY: Phil Carter Special Assistant Attorney General PC:mfd