Mississippi Advisory Opinions February 27, 1985: 19850227 (February 27, 1985)

Advisory Opinion Text

Mrs. Mary Anne Lindsey

Circuit Clerk

Bolivar County Courthouse

Post Office Box 670

Cleveland, Mississippi 38732

Dear Mrs. Lindsey:

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

“I have various statutes covering the destruction of records; however, I am unable to find anything pertaining to election material, such as, printouts from the voting machines, signature books, affidavit ballots, challenge ballots and poll books. I know that the registration books are not destroyed. Some clerks have indicated that all election materials may be destroyed after a year, except for the poll books and the signature books.

“Please advise any statute that would cover election material.”

Believed generally responsive to your inquiry is the opinion of this office to Circuit Clerk Joe W. Martin, Jr., dated March 13, 1980, copy of which is attached and by reference made a part hereof, pages 5 and 6 of which pertain to destruction of voting records, the pertinent parts of which I quote:

“...§ 23-9-517...provides, among other things, the following:

'The registrar shall preserve all applications for absentee voter ballots for one (1) year as a record to be furnished to any court or constituted authority for inspection or evidence if properly called.'

“Copies of Title 42, §§ 1973j. (b) and § 1974 of the United States Code Annotated are enclosed also for your reference. You will note that § 1973j. (b) contains a “prohibition against destruction of paper ballots cast in any election in which a federal election examiner has been appointed and that § 1974 requires the retention and preservation of all records and papers relating to any application, registration or other act requisite to voting in any election for president, vice-president, presidential elector, United States Senate or United States House of Representatives for twenty-two (22) months from the date of any general, special or primary election for such offices.

“Further, as to the time during which ballots and other contents of the ballot boxes are required to be preserved, see § 23-3-23, Mississippi Code of 1972, Annotated, regarding primary elections and the case of Lopez v. Holleman , 219 Miss. 822, 69 So.2d 903. This statute and Supreme Court decision provide regarding any election that an examination of the box and its contents may be had within twelve (12) days after the executive committee or the election commission has canvassed and examined the same.

“Also, § 23-5-187, Mississippi Code of 1972, Annotated, provides that a general or special election may be contested by filing a contest petition within twenty (20) days after the election.

“Additionally, where the contest involves a primary election, as provided by § 3143 and § 3182 in Main Code Volume 3 of the Mississippi Code of 1942, Recompiled and Annotated, the ballots and other contents of the ballot boxes are required to be preserved until such contest is resolved.”

In addition, we refer you to § 9-7-128, Mississippi Code of 1972, specifically restricting the destruction of the voter registration books.

Yours very truly,

Edwin Lloyd Pittman, Attorney General