Mississippi Advisory Opinions July 31, 1979: 19790731 (July 31, 1979)

Advisory Opinion Text

Ms. Victoria P. West

Election Commissioner

Greene County

Post Office Box 738

Leakesville, Mississippi 39451

Dear Ms. West:

Attorney General Summer has received your opinion request (undated but postmarked July 4, 1979) and has assigned it to me for research and reply.

As a convenience, I state each of your questions and follow it with the office's response:

‘1. If a person is not on poll book or register and he insist on voting how should the ballot be handled.’

Response: It is recommended that the person be allowed to vote a ‘challenged’ ballot, the poll workers being sure to write on the challenge envelope the name of the voter, the reason for a challenge, the name of the challenger and the challenged voter being told when the returns will be canvassed by the Executive Committee so he or she may be there. Otherwise, the voter line would be needlessly held up and you would be running the chance of a voter who is, in fact, entitled to vote (on further examination) not being allowed to vote.

‘2. The rights and number of candidate poll watchers during the casting of votes and counting of votes, also the distance required to view ballots in counting.’ ??

Section 23–3–17, ibid., states that:

‘It shall be unlawful for any candidate for a state, district, county, or county district to post or distribute cards, posters or other campaign literature within 150 feet of the building wherein the election is being held.’

‘4. Rights of candidates to check voting procedures periodically.’

Response: See closing paragraph.

‘5. If a person plans to run on an Independent Ticket in November can he vote or help as a candidate poll watcher in the Democratic Primary.’

Response: A voter's participation in a primary does not of itself bar that voter from running as an independent.

Although the candidate and his ‘poll watchers' have a right to observe and be in a position where he or she can observe, the general public has a right to have the election holders in a position to hold the election fairly without being trammeled. Candidates do not have the right to disrupt the voting procedures periodically or at any time and there is no stated distance that poll watchers have to be to view the ballots in counting. In all cases, the ‘balance’ between the two must come from the application of common sense.

Hoping the above will be of some guidance to you and thanking you for giving this office the opportunity to be of assistance, I remain

Sincerely,

A. F. Summer, Attorney General.

Richard M. Allen Special Assistant Attorney General.