Mississippi Advisory Opinions May 22, 1987: AGO 000007917 (May 22, 1987)

AGO 000007917.

Dear Mr. Breland:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply. In your letter you ask three questions:

QUESTION NO. 1: I want to know if it is legal according to law for a Democratic Committeeman to appoint himself as a manager, clerk, or bailiff a primary election.

RESPONSE: Pursuant to an opinion issued to Mr. Dewitt Spencer, dated June 9, 1975, a copy of which is attached hereto, a member of a party executive committee may not serve as a manager, clerk or bailiff in a primary election.

QUESTION NO. 2: Is it against the law for a manager, clerk, or bailiff to work on the polls and have someone in the immediate family running for any public office.

RESPONSE: In an opinion issued to the Honorable Henry Clark dated May 19, 1986, we stated that we know of no prohibition to a relative of a candidate in a primary election serving as a member of the party executive committee which would conduct the election. We likewise concluded that there was no prohibition against one serving as a poll worker in a special or general election in which any relative is a candidate. You will please find attached hereto a copy of this opinion which we feel answers this question

QUESTION NO. 3: If you have a handicapped person that is in a wheelchair or any other handicap and you know that they are really unable to walk because of disability is it legal for a manager to take a ballot out to the car and let them vote a ballot as long as it is on the voting premises about 50 feet.

RESPONSE: By an opinion dated July 1, 1959, written by Assistant Attorney General Ruble Griffin, this office said: There is no provision in our law for the carrying of a ballot away from the voting place. It is my opinion that the matter about which you inquire is a question that must be determined by the managers exercising their sound discretion. If these people are physically disabled for marking the ballot and it is their opinion that they are at the polling place then they may give assistance.

Hopefully the above is responsive to your request. Should you have any questions or if we may be of further assistance please do not hesitate to contact this office.

Sincerely,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY _______________________________ John H. Emfinger Special Assistant Attorney General

JHE:mfd Enclosures