Mississippi Advisory Opinions May 28, 1984: 19840528 (May 28, 1984)

Advisory Opinion Text

Dr. Eldon L. Bolton

Chairman

Harrison County Election Commission

Post Office Drawer CC

Gulfport, Mississippi 39501

Dear Dr. Bolton:

Attorney General Edwin Lloyd Pittman has received your opinion request and has assigned it to me for research and reply. Your letter states:

“It has been customary for a number of years for the Election Commission of Harrison County to have one of the clerks in each polling place record the name of each voter who presents himself or herself to vote at an election.

“This procedure is carried out in accordance with Sec. 23-5-147 which reads in part 'and at the same time one of the clerks shall take down on a list the name of every person voting and the other shall make the proper entry on the poll book'.

“This is done after the voter has signed the register and been given his or her ballot.

“We request an opinion from your office as to whether or not both the signing of the register by the voter and the keeping of a list by an election clerk are required and if not which may be omitted.”

Section 23-3-13, Mississippi Code of 1972, being part of the Corrupt Practices Act and applicable to primaries, states in pertinent part:

“When any person entitled to vote shall appear to vote, he shall first sign his name in a receipt book or booklet provided for that purpose...in lieu of the list of voters who have voted formerly made by the managers or clerks...” ??

ATTACHMENT

May 9, 1984

Honorable Ed Pittman

Attorney General State of Mississippi

Carrol Gartin Bldg.

Jackson, Miss. Dear Sir:

It has been customary for a number of years for the Election Commission of Harrison County to have one of the clerks in each polling place record the name of each voter who presents himself or herself to vote at an election.

This procedure is carried out in accordance with Sec. 23-5-147 which reads in part “and at the same time one of the clerks shall take down on a list the name of every person voting and the other shall make the proper entry on the poll book”.

This is done after the voter has signed the register and been given his or her ballot.

We request an opinion from your office as to whether or not both the signing of the register by the voter and the keeping of a list by an election clerk are required and if not which may be omitted.

Respectfully yours,

Eldon L. Bolton, M. D., Chairman Harrison County Election Commission