Mississippi Code

Miss. Code Ann. § 23-15-595 (2026)

Procedure for sealing of ballot box; reopening and resealing

✓ current as of July 2026

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The box containing the ballots and other records required by this chapter shall, immediately after the ballots have been counted, be delivered by one (1) of the poll managers to the clerk of the circuit court of the county and the clerk shall, in the presence of the poll manager making delivery of the box, place upon the lock of such box a tamper-evident seal. The seals shall be numbered consecutively to the number of ballot boxes used in the election in the county, and the clerk shall keep in a place separate from such boxes a record of the number of the seal of each separate box in the county. The board of supervisors of the county shall pay the cost of providing the seals. Upon demand of the chair of the county executive committee in the case of primary elections, or the county election commissioner in the case of other elections, the boxes and their contents shall be delivered to the county executive committee, or the county election commission, as appropriate, and after such committee or commission, as appropriate, has finished the work of tabulating returns and counting ballots as required by law, the committee or commission, as appropriate, shall return all papers and ballots to the box of the precinct where the election was held, and it shall make redelivery of the boxes and their contents to the circuit clerk who shall reseal the boxes. Upon every occasion the boxes shall be reopened and each resealing shall be done as provided in this chapter.

Derived from 1972 Code § 23-3-21 [Codes, 1942, § 3168; Laws, 1935, ch. 19; repealed by Laws, 1986, ch. 495 § 333]; Laws, 1986, ch. 495, § 189, eff. 1/1/1987.

Amended by Laws, 2017, ch. 441, HB 467, 122, eff. 7/1/2017.

Notes of Decisions

Cited in 3 cases, 2003–2017 · leading case: Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005).

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Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005). “Finally, Miss.Code Ann. § 23-15-595 states in pertinent part: [The circuit] clerk shall, in the presence of the manager making delivery of the box, place upon the lock of such box a metal seal similar to the seal commonly used in sealing the doors of railroad freight cars.”

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.”

Debra Waters v. James Gnemi (Miss. 2003). “Finally, Miss. Code Ann. § 23-15-595 states in pertinent part: [The circuit] clerk shall, in the presence of the manager making delivery of the box, place upon the lock of such box a metal seal similar to the seal commonly used in sealing the doors of railroad freight cars.”

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