Mississippi Advisory Opinions November 06, 1985: 19851106 (November 06, 1985)

Advisory Opinion Text

Representative Isiah Fredericks

Mississippi House of Representatives

3500 Meadowlark Drive

Gulfport, Mississippi 39501

Dear Representative Fredericks:

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

“Request an official Attorney General opinion on whether it is legal under Mississippi statute to solicit signatures on a petition calling for a referendum on a change in the form of government within the voting precinct during an election called for other purposes... .”

An executive committee conducts a primary election and the election commission conducts a general election. None of the officials holding either are authorized to participate in the processing of a petition or soliciting names in any way at the precinct relative to either an informal petition or a legally authorized petition. The employment of the officials and their duties encompass only the conduct of the election.

If the Executive Committee or Election Commission, as appropriate, authorized it, the interested parties could set up tables and make such a petition available but it would have to be in such a way as not to interfere in any way with the orderly procedure and conduct of the election being held.

Bear in mind that in primaries Section 23-3-17 states:

“It shall be unlawful for any candidate for a state, district or county district office, or any representative of such candidate to post or distribute cards, posters or other campaign literature within 150 feet of the building wherein the election is being held.”

In general elections, Section 23-5-109 states in pertinent part:

“It shall be the duty of the bailiff to be present at the polling place, and to take such steps as will accomplish the purpose of his appointment. . . A space thirty feet in every direction from polls, or the room in which the election is held, shall be kept open and clear of all persons except the election officers. . . ”

In summary, the presence of petition bearers at the precincts at primary and general elections held for other purposes is subject to the provisions of the cited statutes and subject to the control of the election officials within the area of the polling place.

Yours very truly,

Edwin Lloyd Pittman, Attorney General.