Mississippi Advisory Opinions November 13, 1979: 19791113 (November 13, 1979)

Advisory Opinion Text

Mr. Charles A. Gillis

Chairman

Harrison County Board of Election Commissioners

28 56th Street

Gulfport, Mississippi 39501

Re: Elections—Absentee Ballots—Retention of Records

Dear Mr. Gillis:

Your letter request of November 9, 1979, addressed to the undersigned, has been received by Attorney General Summer and assigned to this writer for research and reply. Your letter states:

‘Concerning our telephone conversation this morning, I would appreciate an opinion on the following:

1. If a qualified elector made application for an absentee ballot to vote in the August primary election, would it be necessary for him to make application again in order to receive an absentee ballot for the general election held November 6, 1979?

2. If an absentee ballot is rejected by the managers or the election commission because the affidavit is insufficient, is the registrar required to notify the voter of the rejection?

2. For what period of time must the (a) application for an absentee ballot, (b) absentee ballot, and/or (c) the affidavit or certificate concerning the absentee ballot be preserved following the November 6, 1979, general election?'

1. It is the opinion of this office that the answer to your question is ‘yes' for the reason that the Primary Election and the General Election are two elections separate and distinct from each other and a person's reason for needing an

A. F. Summer, Attorney General.

ATTACHMENT

March 26, 1974

Mrs. Lynn C. Coker, Chairman

Election Commission

Picayune, Mississippi 39466

Dear Mrs. Coker:

Attorney General Summer has received your letter of request dated February 22, 1974, and has assigned it to me for research and reply.

You submit the following questions to which we reply in the order submitted, to-wit:

‘1. How long is City Clerk required to keep safe the results of all elections in their ballot form?’

Under the 1960 Federal statute, relative to examination of registration applications and registration and poll books, records are required to be retained for a period of 22 months. We would, therefore, advise that the results of elections in their ballot form be retained for said period. Such record would not be required to be kept in the ballot boxes but may be retained in any suitable container.

‘2. What is the current allowable pay to all poll workers?’

We enclose herewith a photocopy of Sections 23–5–183 and 23–5–184, Mississippi Code of 1972, which sets out the schedule of fees for election officials, both county and municipal.