Mississippi AG and SOS Issue Release Limiting Conservative Challengers at #MSSEN Polls

The full release is below the fold.  But here’s the key part which should shut the “election observers” folks down

Poll watchers in polling place

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There is no authority in state law for a PAC or other outside group to place “election observers” in Mississippi polling places.

Challenges

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A person lawfully in the polling place may challenge a voter based on party loyalty only if the voter openly declares he does not intend to support the nominees of the party whose primary the voter is participating in.

 

From: Pamela Weaver
Sent: Monday, June 23, 2014 5:15 PM
Subject: ***Important Election Day Information from the Attorney General and Secretary of State***

 

 

 

ATTORNEY GENERAL’S OFFICE

550 HIGH STREET, SUITE 1200

POST OFFICE BOX 220

JACKSON, MISSISSIPPI 39201

 

SECRETARY OF STATE’S OFFICE

125 S. CONGRESS STREET

POST OFFICE BOX 136

JACKSON, MS 39205


 

For Immediate Release: Monday, June 23, 2014

Contact:  Jan Schaefer, Mississippi Attorney General’s Office

                 [email protected] / (601) 359-2002

 

                 Grace Craig, Mississippi Secretary of State’s Office

                 [email protected] / (601) 842-1839

 

Important Election Day Information from the Attorney General and Secretary of State

 

Jackson, MS– Democratic and Republican Party Primary Runoff Elections will be conducted on June 24, 2014.  Although these primaries are conducted by the respective parties, strict adherence to Mississippi law should be followed.

 

Observers from both the Secretary of State’s Office and the Attorney General’s Office will be in Mississippi counties on Election Day.  Matters of particular relevance:

 

Poll watchers in polling place

Miss. Code Ann. Sections 23-15-245 and 23-15-577 provide that in primary elections the only persons who may lawfully be within 30 feet of the polls are:

 

1) Voters approaching the polls, voting, and leaving the polling place

2) The poll managers (pollworkers),

3) One pollwatcher appointed, in writing, by each candidate whose name appears on the ballot

 

Miss. Code Ann. Section 23-15-245 states that it is the duty of the bailiff poll manager to prevent interference with the election and to keep the polling place clear of persons not authorized to be in the polling place.  The bailiff may call upon other law enforcement officials for assistance in enforcing the law.

 

There is no authority in state law for a PAC or other outside group to place “election observers” in Mississippi polling places.

 

 

 

Crossover voting prohibited

 

Crossover voting is prohibited in the State of Mississippi.  Crossover voting is defined as participation in the first primary of one political party and participation in the runoff primary of another party.  Thus, a voter who cast his/her ballot in the Democratic Primary Election on June 3 is prohibited from casting his/her ballot in the Republican Primary Runoff Election on June 24, and vice versa. See MS AG Op., Brown (April 7, 1988).

 

Challenges

 

A person offering to vote may be challenged based upon the following grounds:

 

1)      The voter is not a registered voter in the precinct,

2)      The voter is not registered under the name he/she has applied to vote,

3)      The voter has already voted in the election,

4)      The voter is not a resident in the precinct where he/she is registered,

5)      The voter has illegally registered to vote,

6)      The voter has removed his/her ballot from the polling place, and

7)      The voter is otherwise disqualified by law.

 

A person lawfully in the polling place may challenge a voter based on party loyalty only if the voter openly declares he does not intend to support the nominees of the party whose primary the voter is participating in.

 

Any criminal violation of Mississippi law should be reported to the local District Attorney’s Office and/or the Office of the Attorney General.

 

 



The information contained in this email is not an official opinion. You should not consider anything in this email from the Mississippi Secretary of State’s Office to be legal advice.

The information contained in this email and any attachments may be legally privileged and confidential. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this e-mail is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachments for any purpose, nor disclose all or any part of the contents to any other person.

 

 

 

Challenges

A person lawfully in the polling place may challenge a voter based on party loyalty only if the voter openly declares he does not intend to support the nominees of the party whose primary the voter is participating in.

 

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