Mississippi Advisory Opinions October 30, 1979: 19791030 (October 30, 1979)

Advisory Opinion Text

Mr. James Gray

Chairman

Claiborne County Election Commission

Post Office Box 222

Port Gibson, Mississippi 39150

Dear Mr. Gray:

Attorney General Summer has received your opinion request, (undated) postmarked October 27, 1979, and has assigned it to me for research and reply.

You attach a notice which appears to have been placed in your newspaper from the Circuit Clerk's office over the name of Mrs. Julia Jones which notice states in substance:

‘. . . Here are a few tips for those persons who have missed voting for the past several elections.

‘When you go to the polls on election day, avoid having your vote challenged. Take something to identify yourself with. Your drivers license, social security card, birth certificate, marriage license or any credit card will be ideal.

‘Remember your vote may be challenged if a poll watcher questions your identity and you have no supporting evidence to prove you are who you claim to be.’

Your letter accompanying this newspaper clipping states in substance that both the black and white voters are asking you what the law is on the matter and what Code section it comes from, that you don't have anything on it and you ask ‘when it takes place on elec. day’ how do you rule on it if you are not there when they are challenged and know the people so that you might overrule the challenge. You ask that we let you as election commissioners know as soon as we can.

I am unaware of the background leading to Circuit Clerk Mrs. Julia Jones' running the attached ad in the paper. However, the Election Commission is in charge of the election and although their efforts are certainly co-ordinated with those of the Circuit Clerk, it is incumbent on the Election Commission to make its own decisions.

It is the Election Official's duty to see to it that only votes properly cast by qualified electors are tabulated in the election and, therefore, it is proper for the election officials to require reasonable identification of the voter at the time he or she offers to cast his or her vote, which proof of identity could be not only those methods enumerated by Mrs. Jones in her advertisement, but also printed checks, paid bills, and other items which would tend to identify that person offering to vote.

Section 23–3–25, Mississippi Code of 1972, the ‘challenge’ statute states that ‘if the managers of an election believe a challenge of a voter is frivolous or not made in good faith, they may disregard such challenge and accept the offered vote as though not challenged’. However, in any event, a voter should be allowed to cast a challenged ballot, which challenged ballot should be placed in an envelope, and the envelope marked ‘challenged’, with the name of the voter, the name of the person challenging and the reason for the challenge, the workers that night counting the challenged ballots as required under § 23–3–25, supra , but keeping the particular ballot attached to its informational envelope for review by the Election Commission.

I hope the above will be of some guidance to you.

Yours very truly,

A. F. Summer Attorney General.

Richard M. Allen Special Assistant Attorney General.