Mississippi Advisory Opinions October 19, 2007: AGO 2007-00531 (October 19, 2007)

Advisory Opinion Text

Hon. Pamela T. Metzler

Hancock County Circuit Clerk

3068 Longfellow Drive, Building 7

Bay St. Louis, Mississippi 39520

Dear Ms. Metzler:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and reply.

Issue Presented

You ask whether the TSX voting system memory cards can be cleared for the November General Election since the information stored on the memory cards has been downloaded to the GEM Server, in the archives of the TSX machines, in the SEMS System and stored on a CD provided to the Secretary of State's Office and a CD kept in the safe of the Circuit Clerk's Office.

Response

It is our opinion that the TSX Memory cards may be cleared for the General Election in November pursuant to MS AG Op., Rigsby (October 5, 2007).

Background

In your letter, you indicate that your understanding was that there were no set standards on clearing memory cards that may be involved in an election contest. In past elections, it has been the practice of the Circuit Clerk's Office to clear the memory cards due to high costs in purchasing extra cards for each election.

Applicable Law and Discussion

This office has previously responded to a question similar to yours in an opinion dated October 5, 2007, addressed to Linda Rigsby, Esquire and it is hereby attached. In MS AG Op., Rigsby (October 5, 2007), which concerned the TSX voting system memory cards and clearing the stored information when faced with an election contest, we opined that “except where a court may order otherwise, the appropriate officials in charge of the election may clear memory cards of the Diebold TSX Direct Recording Election Voting Equipment at any time after the certification of the election, and in any case must do so in a timely manner so as to not delay logic and accuracy tests and other required preparations for the next election.”

Conclusion

Accordingly, it is the opinion of this office that the TSX Voting System Memory Cards may be cleared for the General Election in November in accordance with MS AG Op., Rigsby (October 5, 2007).

Please feel free to contact our office if we may be of further assistance.

Very truly yours,

Jim Hood Attorney General.

Margarette L. Meeks Special Assistant Attorney General.