Mississippi Advisory Opinions July 25, 2003: AGO 000015765 (July 25, 2003)

AGO 000015765.

Dear Mr. Newton:

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

In reference to our phone conversation of 25 June, 2003 regarding county political party executive committee members serving as poll workers during primary elections. This subject falls in the "well, we've always done it that way" column. Having attended 10 of Phil Carter's training seminars, I know and understand why these people should not serve in that capacity but could not show this prohibition in the MS election code, nor find an A.G. opinion on the subject. Having contacted by phone both the Office of Secretary of State and Attorney General for written direction on this subject, I'm now asking for written direction.

Mississippi Code Annotated Section 23-15-265 (Revised 2001) provides for the appointment of poll workers. It provides in part:

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 managers and clerks for same, all of whom may be members of the same political party.

Section 23-15-597 provides in part:

The county executive committee shall meet on the first or second day after each primary election, shall receive and canvass the returns which must be made within the time fixed by law for returns of general elections and declare the result, and announce the name of the nominees for county and county district offices and legislative offices for districts containing one (1) county or less, and the names of those candidates to be submitted to the second primary. ....

We are of the opinion that it would be a conflict of interest for members of a party executive committee to appoint themselves to work at the polls and then receive and canvass the returns and certify results of an election that they themselves conducted. In the event an election is contested, rulings by the committee members on the manner in which they, while acting as pollworkers, conducted the election could raise questions. Also, they would be voting to pay themselves as pollworkers.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General