Mississippi Advisory Opinions October 28, 1980: AGO 000002127 (October 28, 1980)

AGO 000002127.

Dear Mrs. Cagle:

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

You present two questions for opinion, each of which is quoted below followed by the opinion in regard thereto.

"1. Is there any provision for persons who are going on vacation to vote an Absentee Ballot in any election in- cluding Presidential.".

A review of the statutory reasons for absence from the polling place on election day such as would qualify one to vote a re- gular, full absentee ballot as set forth in Section 23-9-603, Mississippi Code of 1972, Annotated and Amended, reveals that absence due to vacation is not included. Therefore, it is the opinion of this office that there is no provision for persons who are going on vacation to vote a regular, full absentee bal- lot for the regular November 4, 1980, election.

However, it is the opinion of this office that a person, other- wise qualified, who is a resident and registered in the voting district not later than thirty days prior to the November 4, 1980, regular election or on or before October 5, 1980, or who has applied pursuant Section 23-11-7, Mississippi Code of 1972, Annotated and Amended, may vote either in person or by mail an absentee ballot for President and Vice-President regardless of the reason for such absence on election day. Such person desi- ring to vote for President and Vice-President only is required to comply with the provisions of Section 23-11-13, ibid.

"2. Can a person who has to serve on the Federal Jury vote an Absentee Ballot? If he is allowed to vote, what category would he use in the application?"

Section 23-9-60, supra, states further the absences which en- title the elector, otherwise qualified, to vote an absentee ballot. You will note that Subsection(3) (e) of this statute includes such persons as an employee, businessman, profession- al, tradesman and other persons actually engaged in any legal occupation whatsoever and whose employment or occupation neces- sitates his being over fifty (50) miles distant from the coun- ty of his voting residence at the time of any election, as one of the categories of absences for which one may be allowed to vote an absentee ballot.

However, it is noted that the statute provides not only in case any legal occupation whatsoever requires the absence but also that the employment requires such absence.

Therefore, it necessarily follows that it is the opinion of this office that if the employment of the person, otherwise qualified, as a federal juror would necessitate his absence from his place of residence on election day for over fifty (50) miles distant from the county of his voting residence, then such person is eligible to vote an absentee ballot.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

W. D. Coleman Deputy Attorney General

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