Mississippi Advisory Opinions July 14, 2003: AGO 2003-0345 (July 14, 2003)

Advisory Opinion Text

Joseph M. Shepard, Esquire

Attorney for Marion County Board of Supervisors

215 Broad Street

Columbia, Mississippi 39429

Re: Proper Precinct for Voting

Dear Mr. Shepard:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

As counsel for the Marion County, Mississippi, Board of Supervisors, and the Marion County, Mississippi, Election Commission, this is a request for an official opinion regarding the following: May a registered voter cast a ballot in a voting precinct other than the precinct of his/her residence?

By way of further information, the Board of Supervisors of Marion County, Mississippi, and the Marion County, Mississippi, Election Commission, have recently been advised that approximately 130 registered voters who reside and are registered to vote in the “Pineburr” election precinct have historically voted in the “Hub” election precinct. These voters were notified by mail that all future ballots must be cast in the voting precinct in which they reside and are registered, i.e. Pineburr. The voters have requested that the Marion County Board of Supervisors direct the Election Commissioners to locate at the Hub polling place a “Pineburr” box for use by these voters.

Section 23-15-571 and Section 23-15-11 of the Mississippi Code of 1972, as amended, appear to address this situation.

Mississippi Code Annotated, Section 23-15-11 provides that one who meets the specific qualifications stated therein “shall be a qualified elector in and for the county, municipality and voting precinct of his residence .” (emphasis added)

Section 23-15-571 (3) provides in part:

“A person offering to vote may be challenged upon the following grounds:

(a) That he is not a registered voter in the precinct;….”

In response to your specific question, in order for one to be a legitimate registered voter of a particular precinct, he or she must reside within the boundaries of that precinct. Therefore, based on the above quoted statutes, we are of the opinion that a registered voter may not cast a lawful ballot in a voting precinct other than the precinct where he or she resides.

Also, please see the enclosed copy of our opinion to Jerome C. Hafter, Esquire, dated December 22, 1999 which is in accord with the above stated conclusion.

Sincerely,

Mike Moore Attorney General

Phil Carter Special Assistant Attorney General