Mississippi Advisory Opinions March 02, 1988: AGO 000008217 (March 2, 1988)

AGO 000008217.

Dear Mr. Thomas:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Since your letter specifically relates to actions which took place during the August primaries we are unable to respond to your request by way of official opinion. Pursuant to Miss. Code Ann. 7-5-25 (Supp. 1987), we can, by opinion, neither validate or invalidate such actions.

However, for your information, Miss. Code Ann. 23-15-581 (Supp. 1987) directs that the managers of the election count the vote. The Executive Committee is charged with the review of the actions taken by the managers in counting the vote. See Miss. Code Ann. 23-15-593 through 597 (Supp. 1987). Also, if an election contest is filed pursuant to 23-15-921 the Executive Committee will set as a tribunal to decide the appropriateness of actions taken by the persons counting the vote. See Miss. Code Ann. 23-15-923 (Supp. 1987). Therefore it would seem inappropriate for those persons who were involved in the actual count of the vote to also be involved in rendering a decision as to the validity of their own actions.

The above is not intended to represent an official opinion of the Attorney General's Office, instead, it is offered as a suggestion to assist your committee in future primary elections. Should you have any questions or if we may be of further assistance, please do not hesitate to contact this office.

Sincerely,

John H. Emfinger Special Assistant Attorney General