Mississippi Advisory Opinions March 18, 1982: 19820318 (March 18, 1982)

Advisory Opinion Text

Honorable Harrell Granberry

City Clerk of Yazoo City

City Hall

Yazoo City, Mississippi 39194

Re: Elections — Absentee Ballots

Dear Mr. Granberry:

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

Your letter states:

“The City of Yazoo City will hold a General Election for Mayor and Aldermen on April 5, 1982. The following question has been raised concerning the date on which college students may begin to vote by absentee ballot in the Office of the Voter Registrar. The absentee ballots are printed as of this date (March 17, 1982). Numerous college students are in Yazoo City at this time and are requesting to vote by absentee ballot. They are in town on spring vacation but will not be in town on General Election Day (April 5, 1982). My question is: Is it proper for the Registrar to allow these college students to vote in the Registrar's Office after completing a proper application for absentee ballot as early as March 17, 1982?”

Section 23-9-605 of the Mississippi Code of 1972, Annotated, (the “Code”), provides:

Ҥ 23-9-605. Application for absentee ballot.

Any elector desiring an absentee ballot as provided in this article may secure same if:

(1) Not more than fifteen (15) days nor later than 5:00 p.m. on the second day immediately prior to such election, he shall appear in person before the registrar of the county in which he resides, or, for municipal elections, he shall appear in person before the city clerk of the municipality in which he resides, and shall execute and file an application as provided in section 23-9-407.

(2) Within thirty days next prior to any election, any elector who cannot comply with subsection (1) of this section by reason of temporarily residing outside the county or by reason of being physically incapacitated, may make application for an absentee ballot by mailing the appropriate application to the registrar. Only persons temporarily residing out of the county of their residence or physically incapacitated persons may obtain absentee ballots by mail, under the provisions of this subsection. Such application shall be sworn to and subscribed before an official authorized to witness absentee balloting as provided in this chapter, said application to be accompanied by such verifying affidavits as is required by this article. The registrar shall send to such absent voter a proper absentee voter ballot within twenty-four hours, providing ballots are available, containing the names of all candidates who qualify or the proposition to be voted on in such election, and with such ballot, there shall be sent an official envelope containing upon it in printed form the recitals and data hereinafter required.”

In response to your inquiry, this section is interpreted to mean that:

(1) Only qualified electors who can be present in your office not more than fifteen (15) days before the date of the general election may appear before the municipal registrar and execute and file an application and, upon approval of the application, be then handed an absentee ballot and vote the ballot in the registrar's office.

(2) Those qualified electors who are temporarily residing outside the county and who appear in the registrar's office within thirty (30) days prior to the general election date, but more than fifteen (15) days before such election may, upon their request, be given an application for an absentee ballot and then:

a. Execute the application and when such application is approved by the registrar the registrar shall within twenty-four (24) hours, if a ballot is available, mail the same to the applicant at the address shown on the application; or, if a ballot is then available, the registrar may at the option of the applicant, deliver the same to the applicant to be taken away and voted outside the county and mailed back to the registrar from outside the county; or,

b. Be given a ballot and take away from the registrar's office both the application and ballot to a place outside the county where the application may be executed and the ballot voted at a place outside the county and each mailed back to the registrar in a separate envelope from a place outside the county.

The provisions of the above subparagraphs a. and b. are applicable only to those persons who qualify for absentee ballots under subsection (2) of Section 23-9-605 of the Code and who appear personally at the office of the registrar more than fifteen (15) days prior to the date of the election.

With kind regards, I am

Very truly yours,

Bill Allain Attorney General.