Mississippi Advisory Opinions January 08, 1993: 19930108 (January 08, 1993)

Advisory Opinion Text

Honorable Barbara Powell, Chairman

Municipal Election Commission

City of Jackson

1914 Cherokee Drive

Jackson, Mississippi 39211

Re: Use of County Voter Rolls by City

Dear Ms. Powell:

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

“We municipal election commissioners for the City of Jackson use data passed to us by the Hinds County Election Commissioners as the basis for purging or correcting the voter rolls. This data includes such items as jury summons returned by the post office as undeliverable, affidavit ballots, and canceled voter registration cards. How much information is given to the city varies with the effort each individual county election commissioner makes to cooperate. Because the name may be listed differently on the two rolls or there may be a number of people with the same name, it can be a time consuming process just to identify the voter. The current practice results in duplication of the work already being done by the Hinds County Election Commissioners. Unfortunately, it does not result in identical rolls for Hinds County and Jackson. Difference in the rolls create voter confusion and frustration.

Because of waste and confusion resulting from maintaining separate rolls, I would appreciate your giving an official opinion on the following questions:

1. Is it permissible for a municipality to work out an agreement with the county so that the county voter roll would be used to print the poll books for a municipal election? I understand that this might require the county to input additional data into their computer to adapt the printout to municipal precincts if those vary from county precincts.

2. If the county voter roll is used, would the duties of the municipal election commission be limited to running municipal elections?”

We preface our response by stating that in order for one to be a lawfully registered municipal voter he must be lawfully registered with the county. Please see the enclosed copy of our opinion addressed to Honorable Patricia A. Keyes, dated June 1, 1988. This does not mean that the municipal voter rolls must be identical to the county rolls applicable to corporate limits of the City of Jackson. The municipal election commission still has the responsibility to meet and review the rolls to insure that the names of voters who have died, moved away or otherwise become ineligible are removed from said rolls. The municipal commission is not required by law to leave the names of individuals on the municipal rolls solely because they are on the county rolls. If the municipal commission makes the factual determination that a particular individual has become ineligible for any reason, his name must be removed from the municipal rolls even though it may remain on the county rolls.

With the above in mind, and in response to your first question, it is the opinion of this office that it is permissible for the municipality to agree with the county to utilize poll books printed by the county, provided the municipal commission is properly reviewing said books to insure that only the names of persons who are eligible to vote in municipal elections appear therein and that all duly qualified and registered persons are in fact listed.

In response to your second question and as indicated above, the use of poll books printed by the county does not relieve the municipal election commission of its responsibility to meet and review the municipal voter rolls and poll books to insure that they contain only the names of eligible municipal voters.

Sincerely,

Mike Moore Attorney General

Phil Carter Assistant Attorney General.

Attachment

September 29, 1987

State of Mississippi Office of the Attorney General Post Office Box 220 Jackson, Mississippi 39205

RE: Mississippi Code Annotated 23–15–159

Dear Sir:

We the Election Commissioners of the City of Pearl, Mississippi called your office last week for clarification regarding the above Statue. I was advised to write your office for a written opinion. Listed below are the questions that we need an answer to in order to prepare for the dual purging:

1. Does the section of the law (MAC 23–15–159) apply to the Pearl Municipal Election Commission? In other words should the commission initate the suspension and cancellation of registration of municipal voters who have failed to vote in at least one (1) election since January 1, 1984.

2. Should municipal elections be considered in addition to those elections on a county, state or federal level which is not mentioned in the law.

3. If the Pearl Municipal Election Commission is charged by law to initiate such action, are there provisions allowed by law to assists the commission in obtaining relevant data in regard to voting histories of Pearl voters eligible to vote in non-municipal elections, namely county, state or federal elections.

Your written opinion to these questions will be greatly appreciated at your earliest convenience.

Sincerely, Patricia A. Keyes Chairman.