Mississippi Advisory Opinions January 10, 1996: AGO 96-0002 (January 10, 1996)

Advisory Opinion Text

Hon. Lucy Carpenter

Mississippi Circuit Clerks Association

Post Office Box 459

Holly Springs, Mississippi 38635

Re: Certified list of voters for jury selection

Dear Ms. Carpenter:

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

Section 13-5-8 of the Mississippi Code of 1972 Annotated requires the circuit clerk and registrar of voters to submit to the jury commission in January of each year a certified voter registration list for the county for the purpose of jury selection

I respectfully request your opinion as to whether or not this list is to include the names of citizens registered for federal elections only under the National Voter Registration Act.

Section 13-5-1 of the Mississippi Code Annotated states, in part, that every citizen, twenty-one years of age or older who is a qualified elector of the county for more than one year is a competent juror. Section 13-5-8 directs the circuit clerk of the county to certify the voter registration list for the county to the jury commission. Section 13-5-4(d) defines “voter registration list” to be the official record of persons registered to vote in the county. It is the opinion of this office that only those persons who are registered to vote in state and local elections should be included on the certified list of registered voters. Those voters who are registered to vote pursuant to the National Voter Registration Act only are not registered to vote in state and local elections and therefore should not be included on the certified voter registration list certified by the circuit clerk for purposes of jury selection.

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.