Mississippi Advisory Opinions July 19, 1995: AGO 95-0499 (July 19, 1995)

Advisory Opinion Text

Honorable James Gray

Chairman

Claiborne County Board of Election Commissioners

Post Office Box 105

Port Gibson, Mississippi 39150

Re: Mail-In Voter Registration

Dear Mr. Gray:

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

“On behalf of the Claiborne County Board of Election Commissioners, I would like to submit the following questions for your opinion, or if an opinion has been given, may we have a copy of this opinion.

Can the signature of the Witness Signature and Certification on the back of the main-in application for registration be a xerox copied signature? It appeared that the witness has already signed the application beforehand and filed in the address section, and made xerox copies of a blank application. Then, the applicant was allowed to fill out the voter's registration application.

We would like to know if these applications are legal documents and can these applications be accepted for registration.”

Mississippi Code Annotated, Section 1-3-61 (1972) provides:

“The term ‘written,’ when used in any statute, may include printing, engraving, and lithographing; except that in all cases where the signature of any person is required by law, it shall always be the proper handwriting of such person, or, in case he be unable to write, his proper mark.”

Based on the above and the necessity to insure the integrity of the mail-in registration system, we are of the opinion that, in order for there to be a valid registration, the witness signature on the mail-in registration form must be personally signed by one who is a registered voter of the county and not a candidate for public office all in accordance with Section 23-15-47.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.