Mississippi Advisory Opinions September 20, 1996: AGO 96-0648 (September 20, 1996)

Advisory Opinion Text

Hon. Mary H. Allsup

Noxubee County Election Commission District II

Route 3, Box 860

Macon, Mississippi 39341-9533

Re: Ballots

Dear Ms. Allsup:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states:

According to Mississippi Code Section 23-15-351, the chairman of the election commission is responsible for having the ballots printed for the general elections. It also provides that the printer deliver to the commissioners a certificate of the number of ballots for each precinct. Section 23-15-357 states that the words ‘official ballot, ’ the name of the precinct for which the ballot is prepared, and the date of the election be printed on the ballot. Section 23-15-461 defines ‘ballot’ as a paper ballot on which votes are recorded, or alternatively may mean ballot cards and ballot labels.

Is this authorization for having the previously stated information printed on the back of the punch cards? I understand other counties do this. Please advise.

Section 23-15-471, Miss. Code Ann . states, in pertinent part:

The official ballots, ballot labels, ballot cards, sample ballots and other necessary forms and supplies of the form and description required by this chapter [electronic voting systems] or required for the conduct of elections with an electronic voting system shall be prepared and furnished by the same officials in the same manner and time, and delivered to the same officials as provided by law with respect to paper ballots.....

Section 23-15-357 provides:

On the back and outside of the ballot shall be printed the words ‘OFFICIAL BALLOT, ’ the name of the voting precinct or place for which the ballot is prepared, and the date of the election.

Therefore, it is the opinion of this office that the ballot cards used in electronic voting systems should have “OFFICIAL BALLOT, ” the name of the voting precinct, and the date of the election printed on them.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore, Attorney General.

Sandra M. Shelson Special Assistant Attorney General.