Mississippi Advisory Opinions December 07, 2007: AGO 20071207 (December 07, 2007)
Collection: Mississippi Attorney General Opinions
Docket: AGO 20071207
Date: Dec. 7, 2007
Advisory Opinion Text
The Honorable Jeri L. Landry
Circuit Clerk
Jefferson Davis County
Post Office Box 1082
Prentiss, Mississippi 39474
Re: Candidates Providing List of Absentee Voters
Dear Ms. Landry:
Attorney General Jim Hood received your request and assigned it to me for research and reply.
Issue Presented
You ask whether you can mail an absentee ballot to a voter whose name appears on a list submitted by a candidate.
In discussing this with your office, it is our understanding that the list in question contains the names of certain voters and was compiled by a candidate and that the list does not constitute written requests for absentee ballots signed by the individual voters.
Response
No. The submission of a list of names by a candidate or anyone else requesting that certain voters be sent absentee ballots does not comply with state law.
Applicable Law
Pursuant to Mississippi Code Annotated Section 23-15-211(1) the circuit clerk of each county serves as the county registrar unless he is shown to be an improper person to register voters.
Section 23-15-625 provides in part:
The registrar shall be authorized to disburse applications for absentee ballots to any qualified elector within the county where he serves. Any person who presents to the registrar an oral or written request for an absentee ballot application for a voter entitled to vote absentee by mail, other than the elector who seeks to vote by absentee ballot, shall, in the presence of the registrar, sign the application and print on the application his or her name and address and the name of the elector for whom the application is being requested in the place provided for on the application for that purpose. However, if for any reason such person is unable to write the information required, then the registrar shall write the information on a printed form which has been prescribed by the Secretary of State. The form shall provide a place for such person to place his mark after the form has been filled out by the registrar.
Conclusion
It is the opinion of this office that a circuit clerk may not lawfully mail absentee ballot applications or ballots to voters based on the submission of a list of their names by a candidate or other person until there has been full compliance with Section 23-15-625.
Sincerely,
Jim Hood Attorney General.
Phil Carter Special Assistant Attorney General.