Mississippi Advisory Opinions June 15, 2001: AGO 2001-0359 (June 15, 2001)

Advisory Opinion Text

Honorable Louise Johnston

Election Commissioner

District Five, Scott County

708 McDill Road

Lake, Mississippi 39092

Re: Affidavit Ballot / Voter Registration

Dear Ms. Johnston:

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

Does the law allow using an affidavit ballot as a person's application to register the person to vote?

Also, if someone moves into another precinct, and votes by affidavit ballot in the new precinct, can this be used to change the voter to the precinct he/she voted in, provided the address used is located in that precinct?

In response to your first question, an affidavit ballot cast by one who is not a registered voter of the county may not be used to place the name of that person on the voter registration rolls.

In response to your second question, an affidavit ballot cast by a registered voter of a county who moves to another precinct within that county may be treated as a notice of a change of address. Therefore, when a county election commission, in accordance with Mississippi Code Annotated, Section 23-15-573 (Supp. 2000), determines that an affidavit ballot is lawful, the voter's name should be transferred to the proper precinct as indicated by the physical address on the affidavit.

Sincerely,

Mike Moore Attorney General

Phil Carter Special Assistant Attorney General