Mississippi Advisory Opinions July 23, 2010: AGO 2010-00416 (July 23, 2010)

Advisory Opinion Text

Gary T. Gilmore

Chairperson, Hancock County Election Commission

8828 Kipapa Way

Diamondhead MS 39525

Re: Appointment of pollworkers

Dear Mr. Gilmore:

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

Question Presented

Does the provision in Miss. Code Ann. Section 23-15-231 that pollworkers who are appointed to work elections be of different political parties apply to primary elections?

Brief Answer

No.

Applicable Law

Miss. Code Ann. Section 23-15-231 (1972) applies to general elections and provides as follows:

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. Such managers shall not all be of the same political party if suitable persons of different political parties can be found in the district. If any person appointed shall fail to attend and serve, the managers present, if any, may designate someone to fill his place; and if the commissioners of election fail to make the appointments or in case of the failure of all those appointed to attend and serve, any three (3) qualified electors present when the polls should be opened may act as managers. Provided, however, any person appointed to be manager or act as manager shall be a qualified elector of the county in which the polling place is located.

Miss. Code Ann. Section 23-15-265 (1972) expressly applies to primary elections and provides in pertinent part as follows:

(1) 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...

Analysis and Conclusion

Section 23-15-265 authorizes county executive committees to appoint primary election pollworkers who are all of the same political party as the appointing executive committee.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

Jim Hood, Attorney General

Reese Partridge Assistant Attorney General