Mississippi Advisory Opinions June 08, 1982: 19820608 (June 08, 1982)

Advisory Opinion Text

Honorable Philip Warren

Rankin County Circuit Clerk

Post Office Box 32

Brandon, Mississippi 39042

RE: Elections

Dear Mr. Warren:

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

Your letter states:

“I would like to know if there could be a master key for the ballot boxes. Also, in your opinion how many keys should go to the polling place with the ballot box?”

Mississippi Code Annotated § 23-5-111 (1972) provides as follows:

“The commissioners of election in each county shall procure, if not already provided, a sufficient number of ballot boxes, which shall be distributed by them to the election districts of the county before the time for opening the polls. The boxes shall be secured by good and substantial locks, and, if an adjournment shall take place after the opening of the polls and before all the votes shall be counted, the box shall be securely locked, so as to prevent the admission of anything into it, or the taking of anything from it, during the time of adjournment; and the box shall be kept by one of the managers and the key by another of the managers , and the manager having the box shall carefully keep it, and neither unlock or open it himself nor permit it to be done, nor permit any person to have any access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are opened until the count is complete, if as many as three qualified electors object. After each election the ballot boxes shall be delivered, with the keys thereof, to the clerk of the circuit court of the county for preservation ; and he shall keep them for future use, and, when called for, deliver them to the commissioners of election.” (Emphasis added)

In response to your inquiry, it is the opinion of this office that the above statute requires that there be only one (1) key which would unlock any particular ballot box. Consequently, a key which would unlock more than one box or multiple keys to the same box could not be lawfully utilized.

Very truly yours,

Bill Allain Attorney General.