‘COURT TEAMS : ‘COURT TERMS cincurt court a couwry court 1ST MONDAY IANUARY he 2ND MONDAY Sruonoar Mn Oltice dt the Cireuit Court beet 1ST MONDAY JUNE 7 mins County fi SECOND DISTRICT 15T MONDAY SEPTEMBER county : ASTMONDAY NOVEMBER ack Wallace Circuit Clerk | wonuhindscounyms.com Saar OMA ARE secono ostaict LL 2ND MONDAY UNE orcut 2ND MONDAY SEPTEMBER {TH MONDAY JANUARY 2ND MONDAY DeceMBen 2h MONDAY 1ULY ‘7H MONDAY ePTeMBER December 16, 2021 ‘VIA ELECTRONIC MAIL or HAND-DELIVERY Marshand Crisler RE: Special Runoff Election — November 23, 2021 Dear Mr. Crisler, You were informed by my office, in error, that the deadline to file a request for a ballot box examination was Wednesday, December 15, 2021. Mississippi Code Annotated Section 23-15-911(1) {Revised 2001) sets forth the procedure for a candidate to examine the contents of the ballot boxes subsequent to an election. Your request does not comport with the statute, therefore a ballot box ‘examination will not be held for the Special Runoff Election. For your review I have enclosed an Attorney General's opinion that is on point with this matter. Please feel free to contact me if you have any additional questions. Sincerely, Enclosure ce: Credell Calhoun, President, Hinds County Board of Supervisors Jermal Clark, Chair, Hinds County Election Commission ‘Tyree Jones, Hinds County Sheriff FIRST DISTRICT - JACKSON OFFICE ‘SECOND DISTRICT - RAYMOND OFFICE .0. BOX 327 JACKSON, MS 39205 .0, BOX999 RAYMOND, MS 39154 PHONE:601-857-8038 FAX:601-857-0535‘The Honorable Deborah Hood Neal, 2003 WL 22349874 (2003) 2003 WL. 22348874 (Miss.A.G.) Office ofthe Attomey General Stato of Mississippi Opinion No, 2003-0517 September 26, 2003 Re: Examination of Ballot Boxes *1 The Honorable Deborah Hood Neal Cireuit Court Clerk, Webster County Post Office Box 308 ‘Walthall, Mississippi 39771 Dear Ms. Neal: Attomey General Mike Moore has received your eter of request and assigned itto me for research and reply. Your leter states: Please issue a leg! opinion s tothe numberof times an examination is allowed by x candidate or hsfher representative within the twelve (12) days ater the canvass and examination of the bellot box and its contents by ths election commission or executive committee. In the Chancery Clerk's race we had a candidate that lost by only 2 few votes. The candidate requested an examination ofthe ballot boxes and their contents within the twelve (12) days. The candidate also asked fora recount ofall ballots which was done by our optical scanner machine and everything was accounted for and no objection was voiced by either candidate. The ballot boxes were then resealed and stored away. [Nine (9) days later, the candidate retumed again with a second (2) request to have the ballots hand counted. I contacted Reese Partridge with the Secretary of State's Office concerning this matter and he told me the candidate could be allowed to do. ‘second count as long as it was within the twelve (12) days and the opposing candidate had three (3) days notification, Thad planed to have this count done in the courtroom of the courthouse forth extra space, but was told the courtroom was taken Monday the 8 and Tuesday the 9" there was Chancery Court scheduled. I then set it up for Wednesday the 10" in order that we would have adequate space forthe examination and hand-count. I dit realize tha the second count had to be done within that twelve day period, This was an oversight on my pat On September the 9" the opposing candidate filed with the Democratic Chairman an objection to the count stating that the ‘ime had expired for another count and that only one count i allowed. On September the 10* | tied o contact Reese Partridge as to advice on this matter, but he was ina meeting, Ithen contacted Phil Carter concerning this matter and was advised that one (1) examination is all that is allowed within the twelve (12) day period. ask for an opinion as to whether or nota candidate and/or his representative is allowed to a second examination, I also ask for it to be clarified as to if the candidate requests thatthe ballots be re-counted does the candidate have a choice of bow he/she ‘wants the ballots to be counted by a machine or by and? And also, does the eandidate have the authority to request that both 1a scanner machine count and hand-count be done atthe same time or within the twelve (12) day period? The candidate now has filed a petition with the Democratic Executive Committee as per code section 23-15-921 and the committee bas set up a meeting for the grounds upon which she is contesting the election, WESTLAW © 2021 Thomson Reuters, No claim to original U.S. Government Works. i‘The Honorable Deborah Hood Neal, 2003 WL 22348874 (2003) +2 The General Elestion is right around the comer and I want tobe prepared if this should happen again, have enclosed the documents that have been filed and served concerning each event that has occurred with each candidate that I would like for you to review. Mississippi Code Annotated Section 23-15-911 (1) (Revised 2001) sets forth the procedure for a candidate to examine the contents ofthe ballot boxes subsequent to an election, It provides: ‘When the returns for a box and the contents of the ballot box and the conduct of the election thereat have been canvassed ‘and reviewed by the county election commission in the case of general elections or the county executive committee in the ‘case of primary elections, all the contents of the box required to be placed and sealed in the ballot box by the managers shall bbe replaced therein by the election commission or executive committee, as the case may be, and the box shall be forthwith resealed and delivered to the circuit clerk, who shall safely Keep and secure the same against any tampering therewith, At any time within twelve (12) days after the canvass and examination of the box and its contents by the election commission or executive committee, as the ease may be, any candidate or his representative authorized in writing by him shall have the right of full examination of said box and its contents upon three (3) days' notice of his application therefor served upon the opposing, candidate or candidates, or upon any member of their family over the age of eighteen (18) years, which examination shall be conducted in the presence of the circuit clerk or his deputy who shall be charged with the duty to see that none of the contents. of the box are removed from the presence of the clerk or in any way tampered with. Upon the completion of said examination the box shall be resealed with alts contents as theretofore, And if any contest or complaint before the court shall arise over said box, it sbell be kept intact and sealed until the court hearing and another ballot box, if mecessary, shall be furnished for the precinct involved. We offer the following responses solely for your guidance in future elections and specifically do not comment on the propriety of any actions taken with regard to the primary election as described in your letter. Questions raised with regard tothe primary lection may only be resolved at this point through the statutorily prescribed appeal process. In response to your first question, we are ofthe opinion thatthe above quoted starute contemplates that once the examination begins itis to be 2 continuous one from day to day until completion. It is our opinion that once the examination is completed ‘and the boxes resealed a socond examination by that candidate is not contemplated or authorized. We note that the examination ‘must be completed within the twelve (12) day period, Weeks v. Bates, 115 So. 24 298 (Miss. 1959). In response to your second and third questions we find no statutory provisions fara formal “recount” ofthe ballots. The statutes provide for an “examination” of the ballot boxes. The examining candidate may manually recount the ballois as a part of the ‘examination ofthe boxes, The circuit clerk has the responsibilty, ether personally or through a depaty, tobe present and observe ‘the examination or “recount” to insure that none of the election materials are compromised in any way. #3, We are also of the opinion that the cizeuit clerk would have the discretionary authority to conduct or have conducted a “machine count” should the examining candidate so request, in addition to a manual recount. Again, pursuant tothe rulings in ‘Weeks and Noxubee County Democratic Executive Comm, v Russell, 443 So.24 1191 (Miss. 1983), the entire examination rmust ‘be completed within twelve (12) days from the date of certification. We note that there is no requirement thatthe examination take place in the court soom or in any particular place. Sincerely, Mike Moore Atiomey General By: Phil Carter WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works, 2‘The Honorable Deborah Hood Neal, 2003 WL 22348874 (2003) Special Assistant Attorney General 2003 WL 22348874 (Miss.A.G.) ind of Document 19 2001 Thomsoa Resters. Nola to orginal US, Goverment Woks WESTLAW © 2021 Thomson Reuters. No claim to original U.S. Government Works. 3