Mississippi Advisory Opinions October 23, 1986: 19861023 (October 23, 1986)

Advisory Opinion Text

Mrs. Margie G. Mosley

Circuit Clerk

Wayne County

Post Office Box 428

Waynesboro, Mississippi 39367

Dear Mrs. Mosley:

Attorney General Edwin Lloyd Pittman has received your request for an opinion from this office and has assigned it to the undersigned for research and reply. In your letter you ask with regard to absentee ballots the following:

My understanding of the law concerning absentee ballots is: either the individual makes application and votes at the Office of the Registrar; or, an application and ballot mailed out to those who are unable to appear at the Office of the Registrar. The Registrar must provide a separate envelope for the application to be returned in after it has been notarized; along with an envelope to be sealed after the individual votes and places his/her ballot in; and notarized by a person authorized to administer oaths.

I have had requests for family members or a person of the individual's choice to pick up the ballot and carry to him/or her personally when the individual is physically disabled to appear at the Office of the Registrar. I do not believe this is permissible, and an opinion would be appreciated concerning this.

I understand that handicapped persons could have the ballot envelope witnessed instead of notarized since there is a federal office on the ballot, after presenting a doctor's certificate. However we have a special election also, concerning a liquor referendum in November and this would not qualify since it is not federal for a witness only.

In order to keep confusion at a minimum, I plan to have both ballots, (the regular ballot and the ballot for the referendum), notarized in this election.

In response to your first questions as to whether or not family members or other persons may pick up a ballot and carry it to a voter when that voter is physically disabled, we attach a copy of an opinion issued to Honorable Joe Thomas Gay dated December 28, 1981 and call to your attention page 4 wherein it is stated that ballots may be furnished to the physically incapacitated voter by mail or the county registrar or his deputy may, upon proper request, personally deliver an absentee ballot to a physically incapacitated voter within the county provided the voter uses the registrar or deputy registrar as the witness and further provided all statutory provisions are complied with as if such person had appeared in person in the office of the registrar and cast his ballot.

With respect to your second question dealing with the elections for federal office, we call to your attention the Voting Accessibility for the Elderly Handicapped which is applicable to federal elections. Although we do not by official opinion interpret federal law, we cite the following provision therein:

1973ee-3

(b) No notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligibility, under State law.

We trust the above is sufficient response to your inquiries. If we may be of further assistance, please let us know.

Very truly yours,

Edwin Lloyd Pittman Attorney General.

Catherine Walker Underwood Assistant Attorney General.