Mississippi Advisory Opinions October 11, 2013: AGO 2013-00405 (October 11, 2013)

Advisory Opinion Text

AUTH: Liz Bolin

RQNM: Danny Glaskox

SUBJ: Elections

SBCD: 74

TEXT: Mr. Danny Glaskox

Chairman

Jackson County Election Commission

P.O. Box 998

Pascagoula, MS 39568

Re: Voter Roll Maintenance

Dear Mr. Glaskox:

Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.

Background and Questions Presented

Your letter states in part:

Mississippi participates in the Interstate Voter Registration Crosscheck Program ("the Crosscheck Program"). The Crosscheck Program identifies Mississippi registered voters who have subsequently registered to vote in another state by comparing voter registration data of the participating states. The information provided through the Crosscheck Program is indicative of a change in residence and is therefore supplied to the County Election Commissions in spreadsheet format, for the purpose of assisting in voter roll maintenance to be conducted in accordance with Mississippi statute and the National Voter Registration Act of 1993 (the "NVRA").

Pursuant to the NVRA, a voter may be removed (or purged) from Mississippi's voter roll based upon a change in residence only if the voter has provided written confirmation of a change in residence or the County Election Commission has followed the confirmation card process. No actual writing signed by the voter, such as a registration application, is furnished to the County Election Commission with the information rendered through the Crosscheck Program.

In some instances, the Election Commission is supplied with a registration of a single voter who has recently registered in another state. That information is sent to the Election Commission on the State's official letterhead providing the voter's full name, previous address in Mississippi as well as a birth date and should be considered sufficient proof of the new registration in the other state.

In the absence of an actual writing signed by the voter, may the County Election Commission purge a voter who is currently registered to vote in Mississippi solely based upon the information received through the Crosscheck Program, which indicates that the voter has subsequently registered in another state?

In the absence of an actual writing signed by the voter, is the only appropriate action for the County Election Commission, based upon this information provided through the Crosscheck Program, the initiation of the confirmation card process as set forth within the NVRA?

Response

1. No.

2. Yes.

Applicable Law

Voter roll maintenance guidelines are addressed in both state and federal laws.

Mississippi Code Section 23-15-153 provides in part:

No name shall be erased from the registration books or pollbooks based on a change in residence of an elector except in accordance with procedures provided for by the National Voter Registration Act of 1993 that are in effect at the time of such erasure.

The National Voter Registration Act (NVRA) prescribes the procedures for removing a voter from the voter registration roll and states in part:

(a) In general

In the administration of voter registration for elections for Federal office, each State shall—

(4) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of-

(A) the death of the registrant; or

(B) a change in the residence of the registrant, in accordance with subsections (b), (c), and (d) of this section;

(d) Removal of names from voting rolls

(1) A state shall not remove the name of a registrant from the official list of eligible voters in elections for Federal office on the ground that the registrant has changed residence unless the registrant -

(A) confirms in writing that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered; or

(B)(i) has failed to respond to a notice described in paragraph (2); and

(ii) has not voted or appeared to vote (and, if necessary, correct the registrar's record of the registrant's address) in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.

42 U.S.C.A. Section 1973gg-6. (Emphasis added).

Analysis and Conclusion

Pursuant to state law, removal of registrants from the voter rolls must be in accordance with the NVRA. If an election commission intends to remove a voter from the rolls on the basis of a change in residence, the NVRA requires either confirmation in writing from the voter that the voter has changed residence to a location outside of the voter's jurisdiction; or, if the voter has not provided confirmation in writing of the change, the election commission must follow the "confirmation card" process. The confirmation card process requires a notice to be sent to the voter in accordance with 42 U.S.C. 1973gg-6(d) and allows the voter to return the card to confirm his or her current residence and address. If the voter fails to return the card, and does not vote in two subsequent federal general elections, the election commission may purge the voter.

The Crosscheck Program conducted by the Mississippi Secretary of State's office uses voter registration data pulled from Mississippi's voter roll and compares the information with voter registration data provided by other states who participate in the program. The purpose of the Crosscheck Program is to identify voters who are registered in more than one state. Once possible duplicate voters are identified through the data comparison, counties are notified by the Secretary of State's office that they may have voters who have removed themselves from the county and registered to vote in another state. Under these circumstances, a county election commission only has information indicating a possible duplicate registration. The election commission does not have the a confirmation in writing from the registrant that the registrant's residence has changed to a location outside of the county. Thus, the election commission would need to follow the "confirmation card" process prescribed by the NVRA in order to remove the voter from the rolls. 42 U.S.C.A Section 1973gg-6(d).

You reference a second scenario in which the county election commission is provided a copy of a registration of a voter who has registered in another state. We are of the opinion that a copy of a voter registration form from another state signed by the voter serves as confirmation in writing that the voter has changed residences to a location outside of the voter's previous jurisdiction.

Please let us know if this office can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Elizabeth S. Bolin, Special Assistant Attorney General.