Mississippi Advisory Opinions November 01, 1982: 19821101 (November 01, 1982)

Advisory Opinion Text

Honorable Bennie Thompson

Supervisor - District 2

Hinds County

Jackson, Mississippi 39205

Dear Mr. Thompson:

Attorney General Bill Allain has received your request for an opinion and referred it to the undersigned for research and reply.

The questions you present were the subject of an opinion to Mrs. Hattie Maude Farmer, Secretary, Holmes County Election Commissioners, Lexington, Mississippi on October 13, 1967.

We have carefully reviewed your request and the former opinion to ascertain if there has been any Federal or State court decision or legislative enactment that would require a modification of the former opinion, although such former opinion has been followed by the office since it was rendered.

Finding no Federal or State court decision or statute or any other valid reason to change the former opinion, it is reaffirmed and the conclusions reached therein will be the opinion expressed in response to each of your inquiries, which are set forth below in the order in which you present them.

“1. Can voter take marked Sample Ballot into the Voting Booth to aid him in marking his official ballot?”

It is the opinion of this office that the answer to this inquiry must be in the affirmative and that where any elector has in his or her possession a sample ballot or other memoranda to which the elector desires to refer to aid and assist in the marking of the official ballot in accordance with the voter's own free choice, that such is legally authorized.

“2. Is a poll official allowed to confiscate a marked Sample Ballot used by the voter?”

It is the opinion of this office that a poll official in view of the answer to your first question, would not be legally authorized or allowed to confiscate a marked sample ballot or other memoranda in the possession of the voter for the intended purpose of said voter to be used as described in the response to your first question.

Trusting the above will constitute a complete response to your request.

A copy of the former opinion to Mrs. Farmer is enclosed for your convenience.

Respectifully yours,

Bill Allain, Attorney General.