Mississippi Advisory Opinions February 26, 1987: 19870226 (February 26, 1987)

Advisory Opinion Text

Maintenance of Polling Place

Honorable Gerald C. Gex

Attorney

Hancock County Board of Supervisors

Post Office Box 128

Bay St. Louis, Mississippi 39520

Dear Mr. Gex:

Attorney General Pittman has received your request for an opinion and has assigned it to me for research and reply. Your request sets forth the following matter for consideration:

“In reference to the captioned matter, I have been requested by R.D. Ladner, Supervisor of District 3, and Betsy Nolan, Election Commissioner, to obtain an opinion from the Attorney General's Office as to the legality of Hancock County purchasing a mobile home and/or trailer and using it as an additional polling place in the Standard precinct. The facts involved herein are that Hancock County has a voting precinct in the Standard community, for which precinct they are renting a building from a Mr. and Mrs. Martin. The Standard precinct has grown to the point where the building which is located on the Martin's property is not large enough to accommodate the voters in that precinct. The Election Commission has indicated that they will purchase a mobile home and/or trailer which they will keep at the county barn, and on the day immediately preceding the election, the county will place the mobile home and/or trailer on the Martin property immediately adjacent to the polling place now used. My question is that under Section 23-15-259 of the new Election Code, which is effective from and after January 1, 1987, it authorizes the Board of Supervisors to purchase polling places and/or to rent polling places, but I cannot find any law dealing directly with a “movable” polling place.

Therefore, my question is can Hancock County purchase a trailer and/or mobile home and use it as an extension of the present polling place in the Standard precinct during elections, it being understood that the trailer will be stored at the county barn and placed at the Standard precinct only for elections, and further that it will be on the same property where the present polling place is located. It is my understanding that the Election Commission will vote a portion of the qualified voters by alphabet in the original polling place and the remainder of the voters shall vote in the trailer and/or mobile home, all of which shall be done by voting machine.”

Miss.Code Ann. § 23-15-259 (Special Pamphlet 1987), a copy of which is attached hereto and incorporated by reference, provides, in part, that the boards of supervisors may, “by order spread upon the minutes of the board setting forth the cost and source of funds therefore, ... purchase improved or unimproved property and ... construct, reconstruct, repaid, renovate and maintain polling places ...”. We are of the opinion this statutory provision is sufficient to allow the board to purchase and maintain a trailer and/or mobile home as a polling place provided, of course, the board determines this to be the best and most efficient utilization of available resources.

If the board does determine to proceed in this manner, be advised it is important to keep in mind that if any change in the location of polling places is effected, such must necessarily be accomplished in accordance with § 5 of the Voting Rights Act (42 U.S.C. § 1973c) .

If we can be of additional assistance on this or other matters, please do not hesitate to let us know.

Sincerely,

Edwin Lloyd Pittman Attorney General.

Samuel W. Keyes, Jr. Special Assistant Attorney General.