S.Morris - May 10, 2024 - Number of Poll Managers

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 May 10, 2024 Stephanie N. Morris, Esq. Attorney, Bolivar County Election Commission Post Office Box 656 Cleveland, Mississippi 38732 Re: Number of Poll Managers Dear Ms. Morris: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1) May there be four to six poll managers at a single precinct with 500 or fewer registered voters? 2) If so, how is the optional number of poll managers determined for a single precinct with 500 or fewer registered voters? Brief Response 1) For a voting precinct with 500 or fewer registered voters, the election commission must appoint three poll managers pursuant to Mississippi Code Annotated Section 23-15-231 and may appoint up to three additional poll managers pursuant to Section 23-15-235, for a maximum number of six poll managers. 2) The statute does not provide any parameters for determining the additional number of poll managers needed under Section 23-15-235 other than to state that this is within the election commissioners’ discretion. Applicable Law and Discussion Section 23-15-231 requires election commissioners to appoint three poll managers per voting precinct. Additionally, Section 23-15-235 provides, in relevant part: Stephanie N. Morris, Esq. May 10, 2024 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 In addition to the poll managers appointed pursuant to Section 23-15-231, for the first five hundred (500) registered voters in each voting precinct, the election commissioners may, in their discretion, appoint not more than three (3) persons to serve as poll managers of the election. The election commissioners may, in their discretion, appoint additional persons to serve as poll managers for each one thousand (1,000) registered voters or fraction thereof in each voting precinct above the first five hundred (500), as determined necessary by the election commissioners and approved by the board of supervisors. (emphasis added). Accordingly, for a voting precinct with 500 or fewer registered voters, the election commissioners must appoint three poll managers pursuant to Section 23-15-231 and may appoint up to three additional poll managers pursuant to Section 23-15-235, for a maximum number of six poll managers. In response to your second question, the statute does not provide any parameters for determining the additional number of poll managers needed under Section 23-15- 235 other than to state that this is within the election commissioners’ discretion. The election commissioners decide whether they want to appoint additional poll managers and may appoint up to three. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Beebe Garrard Beebe Garrard Special Assistant Attorney General