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.

On the second question, the opinion holds "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."

What this means for you

If you are a Mississippi election commissioner

The opinion holds that for a precinct with 500 or fewer registered voters you "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." It adds that the decision on the discretionary number is "within the election commissioners' discretion," with no statutory parameters.

If you are a Mississippi election clerk

The opinion sets the range for a small precinct at three required plus up to three discretionary, six maximum. It does not address scheduling, pay, or staffing practice.

If you are a precinct poll manager

For a precinct of 500 or fewer voters, the opinion sets the count at a minimum of three and a maximum of six poll managers. It does not describe poll-manager duties or roles.

Common questions

Q: How many poll managers can a precinct with 500 or fewer voters have?
A: The opinion holds the commission "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."

Q: How is the discretionary number determined?
A: The opinion holds "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."

Q: What happens for precincts above 500 voters?
A: The opinion quotes § 23-15-235, which allows additional poll managers "for each one thousand (1,000) registered voters or fraction thereof . . . above the first five hundred (500), as determined necessary by the election commissioners and approved by the board of supervisors."

Q: Who appoints the poll managers?
A: The opinion holds the election commissioners appoint poll managers under both § 23-15-231 and § 23-15-235; for the tiers above 500 voters, the additional managers are "approved by the board of supervisors."

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