Mississippi Advisory Opinions January 26, 1989: AGO 000008573 (January 26, 1989)

AGO 000008573.

Dear Ms. Sautermeister:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

Your letter states as follows:

An opinion is hereby requested on absentee balloting procedures. Due to MS Code Section 23-15-631(d), can't an application for an absentee ballot be sent with the absentee ballot?

Section 23-15-63(d) Miss. Code Ann. (Supp. 1988) cited in your letter provides as follows:

"When the application accompanies the ballot it shall not be returned in the same envelop as the ballot but shall be returned in a separate pre-addressed envelop provided by the registrar." Emphasis added.

This subsection, together with the other provisions of Section 23-15-631, supra, sets forth the instructions which are to be mailed with the absentee ballot. Section 23-15-631(2), supra, specifically provides that these instructions shall also constitute the substantive law pertaining to the handling of absentee ballots by the elector and registrar.

The language of the above quoted statute clearly contemplates the situation where the application will be mailed along with the ballot to the absentee voter. However, a review of the "Absentee Balloting Procedures Law" set forth in Section 23-15-621, et. Miss. Code Ann. (Supp. 1988) makes it apparent that the proper procedure and best practice regarding the mailing of the ballot to the absentee elector, is to do so after the application has been completed and returned by the elector.

Notwithstanding this statutory procedure, in light of the explicit language contained in Section 23-15-631(d), it is the opinion of this office that it is permissible for the absentee ballot to be mailed to the elector along with the application.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By: Giles W. Bryant Special Assistant Attorney General

/jw