Mississippi Advisory Opinions August 23, 1995: AGO 95-0586 (August 23, 1995)

Advisory Opinion Text

Honorable Lee Westbrook

Circuit Clerk

Post Office Drawer 1626

Canton, Mississippi 39046

Re: Change of Address of Voter - Where to Vote

Dear Ms. Westbrook:

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

“Should a registered voter who has moved vote at the precinct where he is registered or should be report to the correct precinct for his new address and vote an affidavit ballot? Attached please find an article from the 8/6/95 edition of The Clarion-Ledger.”

Mississippi Code Annotated, Section 23-15-571 (Revised 1990) sets forth the grounds upon which a person's right to vote may be challenged. The fourth reason listed is “that he is not a resident in the precinct where he is registered”. Therefore, one who is no longer a resident of the precinct where he is registered is not legally entitled to continue to vote in that precinct. He may vote by affidavit ballot in his new precinct provided he is registered in the county and has resided in his supervisors district for at least thirty (30) days prior to the election. See Mississippi Code Annotated, Section 23-15-11 (Revised 1990).

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Special Assistant Attorney General.