The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-11-08
ELECTION LAWS.
Opinion Of the Attorney General.
JAcgsoy. MIss., Nor. I'd. lss2.

Robt. Lowry. Gorernor, ETC.:
SIR: / have carefully examined, as re
qnested by you, the Statutes of Mississippi
defining the duties and powers of the officer
charged with the conduct o. the election I.
be held on the 7th inst, IN connection viii
the Statutes of the United States, autlaoriz
ing the appointment Of Supervisors of Elec
ton.
Chapter 5 of the Code Of 1880, contain
the law of the State upon the subject, anS
that law is the sole rule of action TO be OBJ
served by the State election officers.
The United States Statutes do not assume
to repeal or modify in any PARTICULAR, tn
law of the State, or to control or direct thu
conduct of those entrusted with the powe
of holding the election. The only purpos
of the Federal Statutes, is 10 secure the en-
forcement of the law Of the State. The
contain every provision looking to this enc
and prescribe penalties to be inflicted upoI
those who violate the election law OF tn
State.
IF therefore, the laws OF the State, pre-
scribing the mode in which the election
shall be conducted, are observed, the sol,
object of the Federal Statutes has been at
tanned, and the officers of the State will 81
The Federal authority is to be exercised
in support, aud not in disregard of the State
authority, from which il follows, that it j,
auxiliary to that of the State, and not t.
be invoked 50 long as those representing The
| State faithfully execute its laws.
| This view Of the question is made perfect
| ly clear from the language of section 1929 o.
the U. S. Revised Statutes, which defines
| the powers and duties of Supervisors Of Elec-
ton. 1t declares that they "shall have nc
authority to make arrests or to perform
other duties than to be in the immediate
presence of the officers holding the election,
and to witness all their proceedings, inelud-
ing the counting of the votes and the max
ing of a return thereof" From this it is
seen that they are mere witnesses of the pro-
ceediDgs of the State officers. They have no
power to direct or control the officers of the
State or the management of the election in
any respect whatsoever, and should they
assume such powers, they would be acting
wholly without authority.
1t is not to be supposed that they will
undertake to exercise any powers beyond
those mentioned in section 2029, but if they
should, the officers should refuse to recog-
nize their authority. Being charged by the
laws OF the State with the duty of holding
the election, they would be derelict in the
discharge of their official functions, if they
should permit their authority to be usurped,
or in any degree curtailed by the unlawful
pretentions of any persons whomsoever.
Briefly stated, the law of the State is
this The poll are to be opened at 8 A. NJ,
and closed at 6 P. NJ. The persons claim
ing the right to vote, must deliver TO one of
the inspectors, in the presence of the others,
the ticket containing the name CT the per-
son for whom he desires to vote.
When this is done, the clerks must take
down his name, on a separate list to be kept
for the purpose of recording the names of
the voters, and thereupon the inspector, to
whom the ticket was delivered, must deposit
it in the ballot-box.
As to whether the ticket must be deliver
ed to the inspector before or after the poll
book has been examined to ascertain if the
applicant has been registered, the law is 81
lent. 1t being immaterial, this matter can
be regulated by the inspectors.
When the polls are closed, the inspectors
must publicly open the box and number
the ballots, at the same time reading aloud
the names of the persons voted for, which
shall be taken down by the clerk" When
the result has been ascertained, the inspec-
be delivered, by twelve o'clock, noon, of the
second day after the election, to the COM
missioners of election, at the courthouse of
the county, a statement of the whole num-
Der of votes given for each person. The
must thereupon canvass the
returns and declare the result; and within
ten days after the election, transmit to the
Secretary of State, to be filed in his Office,
of the whole number of votes
given for each candidate,
If necessary from any cause, pending the
election and counting the votes an adjourn
ment may be taken by the inspectors, in
which event, the box must be securely
closed and locked, SO as to prevent the adj
mission of anything into it during the time
of adjournment, and must be kept by one of
the inspectors and the key by another The
inspector having the box must carefully
keep it, and neither unlock or open it him
self, permit it to be done, or allow any per
son to have access to it, during the time of
The Supervisors of Election are entitled
to be present and witness all the proceed
ings of the officers holding the election, that
is to say, the Inspectors, and every conven-
fence possible should be offered them for that
purpose.
When the returns have been made by the |
Inspectors, their functions and those Of the
supervisors of Election, 50 far as the cleo
ton is concerned, terminate, and what then
remains to be done is 20 be done by the
of Election alone
The duties to be performed by the Off /
GERS holding the election, are so clearly in
Dictated by the statutes, that is not perceived I
how they can ind>any difficulty in know
ing what they are required to do. And
as by the Act of Congress, the |
Supervisors have no authority except to be |
present and witness the election proceedings, |
do not see how any conflict can arise be-
tween them and the officers of the State. |
So far from being antagonistic, they should |
cooperate with each other in enforcing the /
law of the State, aud securing free and fair
election.
In reply to your question as to whether
persons registered elsewhere than at the /
are validly registered, and en-
titled to vote, have to say, that in my
opinion their right to vote is too clear to
ldmit of discussion.
Having taken and subscribed the oath,
by the proper officer, they
rave complied with all the requirements,
10Th of the law and Constitution, and are
Untitled to vote: This is aside from any
of the propriety of the con-
luct of the Clerks, who may have taken the