Mississippi Advisory Opinions March 21, 1997: AGO 97-0109 (March 21, 1997)

Advisory Opinion Text

Hon. Sandra N. Willis

Chickasaw County Circuit Clerk

Houston, Mississippi 38851

Re: Disqualifying crimes

Dear Ms. Willis:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and reply. In your letter you state:

Removal of voters is difficult for us. We have reviewed attorney general opinions and made a list of those crimes that we think would and would not disqualify voters. Please examine our list and advise us as to its accurateness.

If a voter is convicted under code section 97-17-42 taking possession of or taking away a motor vehicle does that disqualify him?

Disqualifying crimes - Felony convictions

1) Arson

2) Bribery

3) Bigamy

4) Embezzlement

5) False Pretense, obtaining goods & money, food stamp fraud

6) Forgery

7) Murder

8) Perjury

9) Rape

10) Theft, Grand Larceny is included

Not Disqualifying crimes:

1) Armed Robbery

2) Aggravated Assault

3) Assault

4) Bad Check

5) Burglary

6) DUI - Felony

7) Manslaughter

8) Receiving Stolen Property

9) Robbery

10) Shoplifting

11) Uttering Forgery

Article 11, Section 241 of the Mississippi Constitution of 1890 sets forth the qualifications required for voting in this state:

Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) hear and for the (1) hear it to courty in which he offers to vote and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector, except that he shall be qualified to vote for President and Vice President of the United States if he meets the requirements established by Congress therefor and is otherwise a qualified elector.

We have previously opined that the disqualifying crime of theft includes larceny. MS AG Op., Pearce (October 28, 1980), attached. You inquire whether the crime of taking possession of or taking away a motor vehicle would also be a disqualifying crime. Section 97-17-42, Miss. Code Ann. (Supp. 1996) provides, in pertinent part:

(1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle belonging to another, and any person who knowingly shall aid and abet in such taking possession or taking away, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections for not more than five (5) years.

The elements of Section 97-17-42 are the same as the elements of the crime of larceny. Therefore, it is the opinion of this office that the crime of taking possession of or taking away a motor vehicle would disqualify an individual convicted in a state court of such a crime from registering to vote in Mississippi. See also Section 97-17-41. The crimes of arson, bribery, bigamy, embezzlement, obtaining money or goods under false pretense, forgery, murder, perjury, rape, and theft (including larceny) listed in your letter of request are disqualifying crimes pursuant to Section 241 of the Miss. Const. of 1890. “Food stamp fraud” should not be included in that list. However, a felony conviction for “bad checks” should be included in the list of disqualifying crimes. See MS AG Op., Willard (July 26, 1989), attached.

If this office can be of any further assistance, please let us know.

Very truly yours,

Mike Moore Attorney General

Sandra M. Shelson Special Assistant Attorney General.