Mississippi Advisory Opinions August 10, 1983: 19830810 (August 10, 1983)

Advisory Opinion Text

Honorable Charles G. Perkins

Noxubee County Democratic Executive Committee

Post Office Drawer D

Macon, Mississippi 39341

Re: Elections

Dear Mr. Perkins:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“I am writing in my capacity as a member of the Noxubee County Democratic Executive Committee.

“It is likely that the said Executive Committee will grant recounts in one or more of the local elections held here in Noxubee County in the Democratic primary last week.

“Please answer the following question:

“'In the event of a recount, do the members of the Executive Committee merely recount all of the ballots, or, do candidates and / or their representatives have the right to challenge the ballots on an individual basis, and, if so, does the Executive Committee then rule on said challenged ballots and accept or reject the same?”'

We know of no authority for a formal recount by a county executive committee after a canvass and certification of the results.

However, a candidate may examine the ballot boxes in the presence of the circuit clerk or his deputy pursuant to the provisions of Mississippi Code Annotated § 23-3-23 (1972).

After such an examination, the candidate may wish to contest the election pursuant to Section 23-3-45, Code of 1972, or Section 3143, Code of 1942.

Copies of the above referred to statutes are enclosed for your convenience.

Very truly yours,

Bill Allain, Attorney General.