Mississippi Advisory Opinions July 14, 1993: AGO 93-0498 (July 14, 1993)

Advisory Opinion Text

Alderman Arthur Balch

790 West Beach

Pass Christian, Mississippi 39571

Re: Voter Rolls for City Elections

Dear Mr. Balch:

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

I am an Alderman for the City of Pass Christian. I am requesting an opinion concerning the priority of election voting rolls.

The facts are these: The City Clerk for the City of Pass Christian has furnished me with the names of 3, 744 registered voters in the City of Pass Christian. I was also furnished a list of registered voters for the City of Pass Christian by the Harrison County Circuit Clerk which contained 3, 150 names. Obviously, there is a significant discrepancy between the two voter registration lists.

I request your opinion on the following:

1) For the City of Pass Christian, which roll of registered voters has priority or is the official list the one which must be used in a City election?

2) Are voters not registered with the County who do not vote by Affidavit disqualified from voting and can the election determined to be void if the Affidavit procedure was not followed in the election?

In response to Question 1, please find attached a former opinion to Mrs. Patricia Keyes, dated June 1, 1988, which addresses the issue regarding official lists to be used in a city election. In summary, this opinion states that the municipal election commissioners are required to remove from their municipal registration books, the names of persons whose names have been removed from the county books.

The voter rolls used in municipal elections must accurately reflect only the names of persons eligible to vote in said elections. Whether the municipal election commission chooses to work from the existing municipal rolls or adopt the applicable portion of the county rolls as the official municipal rolls, proper purging as required by Mississippi Code Annotated Section 23–15–153 (Revised 1990) is essential.

In response to your second question, whether any irregularities in affidavit balloting or any other aspect of an election would render said election void must be determined by a court of competent jurisdiction in the adjudication of an election contest.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

Phil Carter, Assistant Attorney General