Mississippi Advisory Opinions November 03, 1987: AGO 000008128 (November 3, 1987)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000008128
Date: Nov. 3, 1987
Advisory Opinion Text
AGO 000008128.
DOCK 1987-607
AUTH John H. Emfinger
DATE 19871103
RQNM Gerald Blessey
SUBJ Elections Voting Machines
SBCD 76
TEXT Honorable Gerald Blessey
Chairman of the Harrison County
Democratic Executive Committee
Post Office Box 1930
Biloxi, Mississippi 39533
Dear Mayor Blessey:
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:
Who is responsible for granting requests from candidates regarding a recount when the computer fails during the counting of votes?
It my understanding that Harrison County utilizes the CES Punch Card Voting System. Accordingly, Miss. Code Ann. 23-15- 483 (Supp. 1987) provides in applicable part:
". . . If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the officials in charge shall direct that such ballots be counted manually, following as far as practicable the provisions governing the counting of paper ballots.
Therefore, if the computer failed, the ballot should have been manually counted.
Once the ballots have been counted, the Executive Committee is required by statute to meet and canvass the returns and certify the results of the election. There is no statutory procedure whereby any person can require that the ballots be recounted. However, pursuant to Miss. Code Ann. 23-15-911 (Supp. 1987), at any time within twelve (12) days after the certification by the County Executive Committee, and upon proper notice, any candidate has a right to personally examine the ballot boxes.
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