Mississippi Advisory Opinions September 07, 1995: AGO 95-0614 (September 07, 1995)

Advisory Opinion Text

Honorable Bobby Richardson

Election Commissioner

1721 CR 615

Ripley, Mississippi 38663

Re: Initialing Ballots

Dear Mr. Richardson:

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

“The Election Commissioners of Tippah County are in need of an opinion to clarify a point concerning Section 23-15-541 of the Mississippi Code of 1972 .

The Republican hand book on elections has an article under Section VII on page # 16 that states as follows:

‘The person assisting [a voter] shall sign the voter register only if the voter is unable to do so. If assisted, then the initials of the assistor are written.’

Election Code 23-15-541 states that:

‘If the voter is unable to write his name on the receipt book, a manager or clerk shall note on the back of the ballot that it was receipted for by his assistance.’

Our question is, should the Circuit Clerk also be required to initial each ballot when he or one of his clerks shall help a voter mark his ballot, and if he is required to sign or initial such ballots? Then, what liability does he face if he should fail to so mark these ballots?”

Since your question is in regard to ballots voted with the assistance of the circuit clerk or a deputy circuit clerk, we assume that you are referring to the voting of absentee ballots in the circuit clerk's office. Section 23-15-541 applies to voters at the polls who are unable to write their names on the receipt booklet. Voters who vote by absentee ballot are not required to writ their name on a receipt book. Therefore, in our opinion, said statute has no application to the voting of absentee ballots in the circuit clerk's office.

Sincerely,

Mike Moore, Attorney General.

Phil Carter Special Assistant Attorney General.