Mississippi Advisory Opinions April 01, 1992: 19920401 (April 01, 1992)

Advisory Opinion Text

Honorable Jolinda B. Ralston

Secretary

Rankin County Election Commission

46 Summit Ridge Dr.

Brandon, Mississippi 39042

Re: Purging Voter Rolls (Convictions of Disqualifying Crimes)

Dear Ms. Ralston:

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

“There is considerable confusion surrounding the role of the county election commission versus the role of the registrar in removing convicted felons from the voter rolls.

The Mississippi Election Code (23–15–19) clearly states: ‘Whenever any person shall be convicted in the circuit court of his county of any of said crimes, the registrar shall thereupon erase his name from the registration book ...’

This sounds like an incontrovertible mandate for the registrar to fulfill his duty in this matter. However, the same paragraph also states: ‘Any person who has been convicted of any crime ... shall not be registered, or if registered the name of such person shall be erased from the registration book on which it may be found by the registrar or by the election commissioners.”

We respectfully request a clarification in this matter in the form of an official opinion from your office.”

In addition to the statutory provisions quoted in your letter, Mississippi Code Annotated 23–15–151 (Revised 1990) provides:

“The circuit clerk of each county is authorized and directed to prepare and keep in his office a full and complete list, in alphabetical order, of persons convicted of any crime listed in Section 241, Mississippi Constitution of 1890. Said clerk shall enter the names of all persons who have been or shall be hereafter convicted of any crime listed in Section 241, Mississippi Constitution of 1890, in a book prepared and kept for that purpose. The board of supervisors of each county shall, as early as practicable, furnish the circuit clerk of their county with a suitable book for the enrollment of said names showing the name, date of birth, address, court, crime and date of conviction. Said roll, when so prepared, shall be compared with the registration book before each election commissioner of the county. A certified copy of any enrollment by one clerk to another will be sufficient authority for the enrollment of such name, or names, in another county.”

Section 23–15–153(1) provides in part:

“At the following times the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the pollbooks of the several voting precincts, and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors from any cause; ...”

From all of the above it is clear that the election commission and the registrar have a joint duty and responsibility to insure that the names of persons convicted of disqualifying crimes are removed from the voter rolls in a timely manner.

Pursuant to Section 23–15–19 the registrar is required to remove the names of individuals from the voter rolls when they are convicted in the circuit court of his county and when the presiding judge of another county certifies a disqualifying conviction.

Pursuant to Sections 23–15–151 and –153 the election commissioners are required to compare the book containing the list of convictions of disqualifying crimes with the registration rolls and insure that the names of all persons erroneously on the voter rolls are removed.

Sincerely,

Mike Moore Attorney General.