Mississippi Code

Miss. Code Ann. § 23-15-591 (2026)

Proclamation of results; sealing of ballot box

✓ current as of July 2026

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When the votes have been completely and correctly counted and tallied by the poll managers they shall publicly proclaim the result of the election at their box and shall certify in duplicate a statement of the result, the certificate to be signed by the poll managers, one (1) of the certificates to be enclosed in the ballot box, and the other to be delivered to and to be kept by one (1) of the poll managers and to be inspected at any time by any voter who so requests. When the count of the votes and the tally of the votes have been completed, the poll managers shall lock and seal the ballot box, having first placed therein all ballots voted, all spoiled ballots and all unused ballots. There shall also be enclosed one (1) of the duplicate receipts given by the poll manager who received the blank ballots received for that box; and the total ballots voted, and the spoiled ballots, and the unused ballots must correspond in total with the duplicate receipt or else the failure thereof must be perfectly accounted for by a written statement, under oath of the poll managers, which statement must be enclosed in the ballot box. There shall also be enclosed in the box the tally list, the receipt book containing the signed names of the voters who voted; and the number of ballots voted must correspond with the number of names signed in the receipt book.

Derived from 1972 Code § 23-3-19 [Codes, 1942, § 3167; Laws, 1935, ch. 19] repealed by Laws, 1986, ch. 495, § 333; § 23-5-147 [Codes, Hutchinson's 1848, ch. 7, art 5 (6); 1857, ch. 4, art 12; 1871, §§ 370, 371; 1880, § 136; 1892, § 3648; 1906, § 4155; Hemingway's 1917, § 6789; 1930, § 6238; 1942, § 3267; Laws, 1916, ch. 230; Laws, 1960, ch. 451; Laws, 1964, ch. 511, § 1] repealed by Laws, 1986, ch. 495, § 335; and § 23-5-167 [Codes, 1871, § 377; 1880, § 139; 1892, § 3670; 1906, § 4177; Hemingway's 1917, § 6811; 1930, § 6249; 1942, § 3278] repealed by Laws, 1986, ch. 495, § 335; Laws, 1986, ch. 495, § 187, eff. 1/1/1987.

Amended by Laws, 2017, ch. 441, HB 467, 120, eff. 7/1/2017.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2003–2026 · leading case: Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005).

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Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005). · cites it 2× “Miss.Code Ann. § 23-15-591 governs the immediate post-election handling of ballot boxes by precinct poll managers.”

Wesley v. Washington Cnty. Democratic Exec. Comm., 235 So. 3d 1379 (Miss. 2017). “Miss. Code Ann. § 23-15-591 (Rev. 2015). 4 Circuit clerks even must follow specific procedures for sealing and resealing ballot boxes.”

Comelia Walker v. Tim Scott Taylor (Miss. 2026). · cites it 2× “c) The official election results were found unsecured which violates the requirement for tamper-evident preservation under Miss. Code Ann. § 23-15-911 and Miss. Code Ann.”

Debra Waters v. James Gnemi (Miss. 2003). “Moreover, Gnemi, in a tightly contested race, has been unable to compare the total number of voted, unvoted and spoiled ballots in each separate precinct or even be certain that they equal the total number of ballots the receiving election manager in a particular precinct swore…”

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