Mississippi Advisory Opinions July 28, 1987: AGO 000007964 (July 28, 1987)

AGO 000007964.

Dear Ms. Shirley:

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 state:

An opinion is hereby requested whether a voting machine custodian may use a county vehicle from the motor pool with the approval of the Board of Supervisors. (Miss. Code 23- 15-219)

This county vehicle will be used to provide transportation for the custodians to recheck voting machines once they have been placed at the polling locations.

According to Miss. Code Ann. 23-15-415 (Supp. 1986; Special Pamphlet) the authorities in charge of any election may employ one or more competent persons as custodian or custodians of voting machines. It is the duty of the custodian to place the ballots in the ballot frames of the machines, put the machines in order, set, test, adjust and deliver the machines. Once the machines have been delivered to the polling place, is the duty of the managers to protect the machines against molestation or injury.

Assuming that the election in question is one that is conducted by either the Election Commissioners or the Party Executive Committee, the cost of conducting such election would be borne by the Board of Supervisors of the county. See, Miss. Code Ann. 23-15-219 (Supp. 1986; Special Pamphlet) and Miss. Code Ann. 23-15-301 (Supp. 1986; Special Pamphlet). Accordingly, it is the opinion of this office that the Board of Supervisors may authorize the use of the county vehicle for transportation of the custodians to recheck the voting machines once they have been placed at the polling locations.

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