Mississippi Advisory Opinions November 22, 1995: AGO 95-0770 (November 22, 1995)

Advisory Opinion Text

Honorable Gayle Parker

Circuit Clerk

Post Office Box 998

Gulfport, Mississippi 39502

Re: Preparation of “Punch Card” Voting Devices

Dear Ms. Parker:

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

“Will you kindly render an opinion to me, in accordance with section 23-15-473 as stated, requiring the Circuit Clerk, who shall be charged with the proper storage, maintenance and repair of the voting devices, and the preparation of them for voting prior to elections. After they have been prepared for an election and at least (3) days prior thereto, the voting devices shall be available for public inspection at a time and place designated by the custodian.”

Article 15, Title 23, Mississippi Code Annotated (Revised 1990) is entitled “Voting Systems”. Subarticle C is entitled “Electronic Voting Systems” and includes Sections 23-15-461 through 23-15-485. The provisions of these statutes are specifically applicable to the “punch card” system utilized by Harrison County.

Section 23-15-473 provides in part:

“The circuit clerk shall be the custodian of voting devices acquired by a county, who shall be charged with the proper storage, maintenance and repair of voting devices, and the preparation of them for voting prior to elections. After they have been prepared for an election and at least three (3) days prior thereto, the voting devices shall be available for public inspection at a time and place designated by the custodian. Thereafter they shall be locked or sealed before delivery to the managers of the election. The custodian shall immediately repair, replace or remove any voting device which fails to function properly on election day. ...”

As previously stated, the above quoted provisions are applicable to counties which utilize the “punch card” voting system which includes Harrison County. Therefore, you are the custodian of the voting devices and are charged with carrying out the duties specified in Section 23-15-473.

Sincerely,

Mike Moore Attorney General.

Phil Carter Special Assistant Attorney General.