Mississippi Advisory Opinions March 21, 1997: AGO 97-0085 (March 21, 1997)

Advisory Opinion Text

Honorable Percy L. Reece

Election Commissioner

Post Office Box 201

Macon, Mississippi 39341

Re: Qualified Electors

Dear Mr. Reece:

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

We completed the NVRA Report for the Secretary of State's Office. The total registered voters (No. 1) was calculated to be 10, 723.

69 - NVRA inactive

1, 315 - four year purge list

9, 339 - active voter lists (juror list)

Section 23-15-153 states that we are paid by the number of qualified electors. The board of supervisors contends that the 9, 339 active voters list (juror list) is the list of qualified electors.

Question: Can we be paid for the total registration of 10, 723 on the NVRA Report?

Section 23-15-159 sets forth the procedure for the removal of the names of persons who have not voted in at least one election on a county, state or federal level in the last four years from the voter registration book. In effect, such persons' registrations have been “suspended” and they are not considered active, qualified electors. If the proper procedure has been followed, those persons whose names have been removed are not placed on the juror list, nor can they vote but by affidavit ballot. See MS AG Ops., Pearce (March 22, 1991); Keyes (June 1, 1988); Sautermeister (March 14, 1988), attached.

In our prior opinion to Ms. Sandra Baylor, dated July 13, 1994, attached, we stated that a voter whose registration has been canceled for not voting remains a qualified elector of the county. That opinion refers to the right of the individual to vote an affidavit ballot in an election in order to have his registration restored. To the extent that this opinion differs from the Baylor opinion, the Baylor opinion is modified to reflect that persons who have not voted in four years are “suspended” qualified electors and shall not be counted in the total number of qualified voters in a county for purposes of Section 23-15-153.

Therefore, it is the opinion of this office that persons whose names have been properly removed from the voter registration books, and have not reregistered or been reinstated as provided by law, are not qualified electors, and would not be included in the number of qualified electors of the county.

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.