Mississippi Advisory Opinions February 01, 2002: AGO 000014878 (February 1, 2002)

AGO 000014878.

Dear Mr. Sanford:

Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. Your letter states:

At the November 4, 2001 General Election I had a group of citizens collecting signatures for a referendum on the question of incorporating the St. Martin Community. Some were opposed to the idea and tried to enforce the 150 foot rule (MS Code 23-15-895).

The proponents argued that since their activity did not relate to any item on the ballot only the 30 foot rule (MS Code 23-15-245) applied.

Would you please state your opinion regarding this matter.

The prohibition in Mississippi Code Annotated, Section 23-15-895 (Revised 2001) is applicable to candidates or opponents or proponents of measures printed on the ballot of a particular election and applies to the posting or distributing cards, posters or other campaign literature. Therefore, provided the individuals collecting signatures on petition are not posting or distributing any of these materials relating to the election being held that day, the provisions of Section 23-15-895 would not apply.

There is a prohibition against collecting signatures on petitions proposing a constitutional amendment. Section 23-17-57(4) states that "it is unlawful for any person to solicit signatures on any petition under this chapter within one hundred fifty (150) feet of any polling place on any election day." (emphasis added). This obviously applies only to collecting names on petitions specifically governed by Chapter 17, Title 23, Mississippi Code Annotated.

Section 23-15-241 provides:

The manager designated as election bailiff shall, in addition to his other duties, be present during the election to keep the peace and to protect the voting place, and to prevent improper intrusion upon the voting place or interference with the election, and to arrest all persons creating any disturbance about the voting place, and to enable all qualified electors who have not voted, and who desire to vote, to have unobstructed access to the polls for the purpose of voting when others are not voting. (emphasis added)

Section 23-15-245 provides in part:

... . A space of thirty (30) feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except the election officers and two (2) challengers of good conduct and behavior, selected by each party to detect and challenge illegal voters; ....

Based on the above, we are of the opinion that people gathering signatures on petitions that are not covered by Section 23-17-57(4) may be within one hundred fifty (150) feet of the entrance of a polling place but not within thirty (30) feet of any room in which an election is being held. However, it is the duty of the election bailiff to insure that anyone collecting signatures does not, in any manner, impede the progress of voters coming into a polling place to vote.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General