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. I would appreciate it if you would answer the following question:

“'Once a local county race has been certified by action of the county Democratic Executive Committee, may the said committee, at the request of the losing candidate grant a recount, said request having been made prior to the certification of the election?”'

In response to your inquiry, we know of no authority for the granting of a formal recount by a county executive committee.

However, Mississippi Code Annotated § 23-3-23 (1972) (copy enclosed) gives any candidate or his designated representative (authorized in writing) the right to examine the contents of the ballot boxes at any time within twelve (12) days after the canvass and examination of the boxes by the appropriate executive committee upon three (3) days notice of his application therefor served upon the opposing candidate or candidates. Said examination must be conducted in the presence of the circuit clerk or his deputy.

Very truly yours,

Bill Allain, Attorney General.