How many poll managers may a Mississippi precinct have if it has 500 or fewer registered voters?

Plain-English summary

The Bolivar County Election Commission asked a small but practical question: in a voting precinct with 500 or fewer registered voters, how many poll managers can there be?

Two statutes work together. Section 23-15-231 says election commissioners must appoint three poll managers per precinct. That is the floor. Section 23-15-235 says, in addition to the three required, election commissioners "may, in their discretion, appoint not more than three (3) persons to serve as poll managers" for the first 500 registered voters in the precinct. So the AG arithmetic is: 3 mandatory + up to 3 discretionary = up to 6 total for a small precinct.

For larger precincts, § 23-15-235 keeps adding capacity. For each additional 1,000 registered voters (or fraction) above the first 500, the commissioners may appoint additional poll managers, subject to board of supervisors approval. So a precinct with 1,500 voters could have more than 6 managers; a precinct with 5,000 voters could have considerably more.

The second question Bolivar County asked: are there any parameters on how the discretionary number is determined? The AG said no. The statute simply leaves the choice to the election commissioners. Lines, demographics, accessibility needs, special-circumstance management, observer load, all are reasons commissioners might choose 3 over 4 or 5 or 6 discretionary managers, but the statute does not require any specific framework.

What this means for you

If you are a Mississippi election commissioner

You have flexibility on staffing small precincts. Three is required; three more is allowed; six total is the cap for a 500-or-fewer precinct. The choice of how many is up to your board, with no statutory parameters. Most commissions adjust the discretionary number based on past turnout, line management needs, ballot complexity (a long ballot with multiple measures takes longer per voter), and the experience of the available managers. Document the decision on the minutes.

If you are a Mississippi election clerk

When you are scheduling poll managers and projecting payroll, the 3-to-6 range for small precincts gives you room to plan. Many counties pre-decide a default (often 4 or 5 for small precincts) to balance staffing cost against responsiveness, and only deviate when special circumstances apply.

If you are a precinct poll manager or candidate for the role

If your precinct has 500 or fewer voters, expect to work with 2 to 5 colleagues (yourself plus 2-5 others, total 3-6). The roles split among managing the entry, checking voters in, distributing ballots, monitoring the machines, handling provisional ballots, and managing the closing process. Smaller precincts often have managers wearing multiple hats throughout the day.

If you observe elections or run a voter-protection operation

Knowing the staffing rules helps you anticipate what a precinct should look like. A 500-voter precinct with only 2 managers is understaffed (below the statutory floor of 3) and is a flag worth noting. A 500-voter precinct with 8 managers is overstaffed (above the cap) and also a flag. The 3-to-6 range is the legal box.

Common questions

Q: What is a "poll manager" in Mississippi election law?
A: Poll managers are the trained election workers who run a precinct on election day. Different states call them by different names (poll workers, election judges, poll inspectors). In Mississippi the statutory term is "poll manager."

Q: How are poll managers paid?
A: They are paid a per-day rate set by Mississippi statute, paid by the county. The compensation is separate from the question of how many are appointed.

Q: What happens if a precinct exceeds 500 voters partway through registration?
A: Section 23-15-235 sets the additional manager allowance "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." So once you cross 500, additional discretionary managers become available, subject to commission and board approval.

Q: Can election commissioners appoint more than 3 mandatory managers?
A: § 23-15-231 says appoint three. The "must appoint three" reading is straight from the statute. The discretionary additional managers under § 23-15-235 are layered on top, not a replacement.

Q: Are alternates counted in the 3-to-6 cap?
A: The opinion does not address alternates separately. Practical practice is to designate alternates separately so the precinct has redundancy if a manager cannot serve, while the active count stays within the statutory framework.

Q: Can a commissioner who has personal political involvement in a race still serve as a poll manager?
A: Different statute (§ 23-15-237 and related) deals with eligibility. The opinion is limited to the numbers question and does not address eligibility.

Q: Who appoints the poll managers, the election commissioners or the board of supervisors?
A: The election commissioners appoint, under both § 23-15-231 and § 23-15-235. For precincts above 500 voters, additional discretionary managers above the first three need board of supervisors approval, but the commissioners are still the appointing body.

Background and statutory framework

Section 23-15-231 sets the floor (three mandatory poll managers per precinct).

Section 23-15-235 is the layered discretionary authority:

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.

The structure: 3 mandatory under § 23-15-231, plus up to 3 discretionary for the first 500 voters, plus an open-ended set of discretionary slots tied to additional voters above 500 (each additional 1,000 unlocks another discretionary tier, subject to board approval).

Citations

• Miss. Code Ann. § 23-15-231
• Miss. Code Ann. § 23-15-235

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/05/S.Morris-May-10-2024-Number-of-Poll-Managers.pdf

Original opinion text

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:

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.

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