When can absentee voting begin for a runoff election in a Mississippi multi-county or statewide race?

Plain-English summary

Greene County's circuit clerk asked the AG to settle a recurring problem in Mississippi elections: when can absentee voting begin for a runoff in a multi-county or statewide race? Different counties had been answering this question different ways. Some clerks started absentee voting as soon as their own county had certified results locally. Others waited for the full district-wide certification, the state-level tabulation, and the official ballot in the Statewide Election Management System (SEMS). Counties acting on the earlier interpretation were issuing absentee runoff ballots before counties on the later interpretation, which created inconsistencies between voters in the same district based purely on which county they lived in.

The AG's answer is the cautious one: absentee voting in a multi-county or statewide runoff cannot begin until (1) all counties in the district have completed their certifications, (2) the state executive committee or the Secretary of State has tabulated the district-wide votes, (3) the top two candidates for the district as a whole have been determined, and (4) the ballot has been approved at the state level.

The reasoning runs straight through the statute. The runoff is between the top two candidates in the district, not the top two in any one county. Section 23-15-597(1) tells the state executive committee to canvass returns and announce runoff candidates one week after the primary; that is a state-level function. A county that prints absentee ballots based only on its own count cannot know who the actual top two are until the rest of the district reports. Anything earlier is a guess at best.

The opinion has two important footnotes. First, ranked-choice voting (instant-runoff voting) was prohibited in Mississippi effective July 1, 2024, except for UOCAVA absentee ballots from military and overseas voters. So the regular runoff machinery, not ranked-choice, is what governs. Second, 2025 H.B. 291 amended Section 23-15-193 to require a majority vote in most state general elections, with the AG's August 2025 Watson opinion identifying which legislative and state-district offices still run on plurality. That superseded a 2023 AG opinion (Butler) that had reached a different conclusion. So the runoff machinery now reaches further down the ballot than it used to.

What this means for you

Circuit clerks

The opinion holds that a clerk cannot begin issuing absentee runoff ballots based on the clerk's own county certification. For a multi-county or statewide runoff, the opinion concludes absentee voting cannot start until every county in the district has certified, the state executive committee or the Secretary of State has tabulated the district-wide votes, the top two candidates for the whole district have been determined, and the ballot has been approved at the state level.

Voters wanting to vote absentee in a runoff

Under the opinion, for state-level and multi-county runoffs the runoff candidates are determined from district-wide totals at the state level, not from any one county's count. Section 23-15-597(1), quoted in the opinion, has the state executive committee meet one week after the first primary to canvass returns and announce the runoff candidates. The opinion expressly does not address UOCAVA (military and overseas) absentee ballots.

Candidates in a runoff

The opinion treats the top two runoff candidates as a district-wide determination, not a county-by-county one. It does not opine on campaign timing beyond identifying when the runoff field becomes official.

State executive committee and Secretary of State election staff

The opinion reads Section 23-15-597(1) as placing the canvass and announcement of runoff candidates at the state level, and treats district-wide tabulation under Section 23-15-603 as the point at which the totals become final. It declines to interpret rules or regulations adopted by another state officer, pointing the requester to the Secretary of State for any applicable election rules under Sections 23-15-165 or 23-15-603(5).

Election attorneys

The opinion resolves the conflict in favor of the state-level interpretation: absentee runoff voting cannot begin on local certification alone. Its footnotes also note that 2025 H.B. 291 amended Section 23-15-193, that the August 2025 Watson opinion identified which offices still run on plurality, and that the 2023 Butler opinion is superseded. AG opinions are persuasive, not binding.

Common questions

Q: Why can't a county just count its own votes and run absentee voting on its own clock?
A: Because the runoff is district-wide, not county-by-county. The runoff candidates are determined by the votes cast across the entire district. A county that issues absentee ballots before the district-wide totals are known is guessing at who the top two will be, and any guess wrong creates the problem of issuing wrong ballots.

Q: When does the state-level tabulation happen?
A: Per Section 23-15-597(1), the state executive committee meets one week after the primary to canvass the returns and announce the result. That is the earliest official moment the runoff candidates are known.

Q: What about ranked-choice voting?
A: Mississippi banned ranked-choice voting effective July 1, 2024, except for UOCAVA (military and overseas) absentee ballots. Most absentee runoff ballots are not ranked-choice; the standard runoff machinery applies.

Q: Did 2025 H.B. 291 change which offices have runoffs?
A: Yes. H.B. 291 amended Section 23-15-193 to require a majority vote in most state general elections. The AG's August 2025 Watson opinion identified which specific legislative and state-district offices still run on plurality. The AG's 2023 Butler opinion (which had concluded runoffs did not apply to state district officers or legislators) is superseded.

Q: Are UOCAVA voters subject to the same waiting period?
A: This opinion expressly does not address UOCAVA absentee ballots. UOCAVA imposes federal timing rules that may require ballots to be sent earlier than the state-level tabulation finishes. UOCAVA absentee voters may use ranked-choice ballots in Mississippi as a workaround, per Section 23-15-893's exception.

Q: What if my county certifies its results late and delays the state tabulation?
A: That doesn't change the rule, but it does compress the runoff absentee window for everyone. Circuit clerks should follow up to ensure timely county certification so the state-level milestones fall on schedule.

Background and statutory framework

Mississippi runs primary, general, and special elections through a layered system. Counties handle local administration: voter registration, polling places, vote tabulation, and certification at the county level. The state level handles district-wide canvassing for offices that span multiple counties (legislative districts, judicial districts, state-district offices, statewide offices) and approves the official ballot for those races.

For runoff elections, that division creates an obvious question: where in the certification chain does the runoff ballot become "real" enough to support absentee voting? The AG's answer is at the state level, after district-wide certification, tabulation, top-two determination, and ballot approval.

Section 23-15-211 puts the State Board of Election Commissioners in charge of approving ballots for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district, and other state-district offices. Section 23-15-293 puts the appropriate state executive committee in charge of supervising state-level primary nominations. Section 23-15-597(1) sets the canvass timing.

Section 23-15-603 directs county election commissioners to transmit their statements to the Secretary of State, and the Secretary of State tabulates them; the certified county vote totals "represent the final results of the election." That tabulation is the moment the district-wide totals become official.

The 2025 H.B. 291 amendment to Section 23-15-193 widens the runoff machinery's reach by requiring majority votes in most state general elections. Combined with this 2025 Bounds opinion, county clerks have to be careful about timing on more races than before. The 2023 Butler opinion, which had read the statute more narrowly, is no longer good law per this opinion's footnote 2.

Citations and references

Statutes:

• Miss. Code Ann. § 7-5-25 (AG opinion authority)
• Miss. Code Ann. § 23-15-191 (primary election runoff)
• Miss. Code Ann. § 23-15-193 (general election majority rule, as amended by 2025 H.B. 291)
• Miss. Code Ann. § 23-15-211 (state ballot approval)
• Miss. Code Ann. § 23-15-293 (state executive committee supervision)
• Miss. Code Ann. § 23-15-305 (party nominee majority)
• Miss. Code Ann. § 23-15-597(1) (canvass and runoff announcement)
• Miss. Code Ann. § 23-15-603 (transmission of votes; final results)
• Miss. Code Ann. § 23-15-833 (special elections runoff)
• Miss. Code Ann. § 23-15-893 (ranked-choice voting prohibition with UOCAVA exception)
• Miss. Code Ann. § 23-15-1932 (officers chosen at general elections)

Federal law:

• 52 U.S.C. § 20301 et seq. (Uniformed and Overseas Citizens Absentee Voting Act)

Prior AG opinions referenced:

• MS AG Op., Watson (Aug. 18, 2025) (post-H.B. 291 office-by-office runoff analysis)
• MS AG Op., Butler (Nov. 2, 2023) (superseded by H.B. 291)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/12/C.-Bounds-December-4-2025-Absentee-Voting-in-Runoff-Elections.pdf

Original opinion text

December 4, 2025

The Honorable Cecelia Bounds
Circuit Clerk, Greene County
Post Office Box 310
Leakesville, Mississippi 39451

Re: Absentee Voting in Runoff Elections

Dear Ms. Bounds:

The Office of the Attorney General has received your request for an official opinion.

Background

You ask about two conflicting interpretations regarding the precise point at which absentee voting may commence for a runoff election in statewide or multi-county district races (e.g. legislative or judicial contests). One interpretation is that absentee voting may begin as soon as local county officials certify their election results. Another view holds that absentee voting cannot begin until all counties involved in the shared races have certified their local results, transmitted the same to the Secretary of State, and a finalized ballot has been created in the Statewide Election Management System ("SEMS") by the appropriate state election officials. These differing interpretations have resulted in inconsistencies across counties within shared districts, with some issuing absentee ballots earlier than others.

Question Presented

Under Mississippi law, may absentee voting in a runoff election begin once an individual county certifies its results and determines the ballot locally, or must absentee voting wait until all counties in a multi-county or statewide district have completed certification, and a finalized ballot is available in SEMS?

Brief Response

Absentee voting in a runoff election cannot begin until all counties in a multi-county or statewide district have completed certification, the appropriate state executive committee or the Secretary of State has tabulated the votes, the two candidates receiving the highest number of votes cast for the entire voting district have been determined, and the ballot has been approved at the state level.

Applicable Law and Discussion

We note that opinions of this office are limited to prospective questions of state law in accordance with Mississippi Code Annotated Section 7-5-25. We do not opine on or interpret rules or regulations promulgated by another state officer. You may wish to contact the Secretary of State for any applicable election rules or regulations adopted in accordance with Sections 23-15-165 or 23-15-603(5). We offer the following statutory interpretation for future guidance.

For elections requiring an officer to be elected by a majority of votes, Mississippi law generally provides that if no candidate receives a majority of votes cast at the election, the two candidates with the highest number of votes shall have their names placed on the ballot for the runoff election to be held four weeks later. See Miss. Code Ann. §§ 23-15-191 (Primary Elections), 23-15-305 (requiring a majority of votes cast for party nominees), 23-15-1932 (Officers Chosen at General Elections), and 23-15-833 (Special Elections Generally).

Local election commissioners are required to "transmit to the Secretary of State . . . a statement of the whole number of votes given in their county and the whole number of votes given in each precinct in their county, for each candidate for any office at the election." Miss. Code Ann. § 23-15-603. "The statements certified by the election commissioners and transmitted to the Secretary of State, as required by this section, shall be tabulated by the Secretary of State. Certified county vote totals shall represent the final results of the election." Id.

Pursuant to Section 23-15-211, the State Board of Election Commissioners approves the state ballot "for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district, and other state district offices." With respect to primary elections, the appropriate state executive committee supervises the nominations for state, state district, and legislative primaries. Miss. Code Ann. § 23-15-293. To determine the candidates for the primary runoff, Section 23-15-597(1), in pertinent part, provides the following procedure:

The State Executive Committee shall meet one (1) week from the day following the first primary election held for state, state district offices and legislative offices, and shall proceed to canvass the returns and to declare the result, and announce the names of those nominated for the different offices in the first primary and the names of those candidates whose names are to be submitted to the second primary election.

Accordingly, for these multi-county or state level offices, the determination of which candidates' names are on the ballot for the runoff is not made at the individual county level but at the state level and based upon the votes from all of the counties included in the voting district. As a practical matter, the top two candidates in a multi-county or statewide election cannot be definitively determined until the votes from each county included in the voting district have been certified and tabulated by the appropriate state executive committee or the Secretary of State. For these reasons, it is the opinion of this office that absentee voting in a runoff election cannot begin until all counties in a multi-county or statewide district have completed certification, the appropriate state executive committee or Secretary of State has tabulated the votes, two candidates receiving the highest number of votes cast for the entire district have been determined, and the ballot has been approved at the state level.

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