Mississippi Advisory Opinions March 11, 1986: 19860311 (March 11, 1986)

Advisory Opinion Text

Honorable Nancy White Reed

Circuit Clerk

Post Office Box 1276

Greenville, Mississippi 38702-1276

Voter Re-registration

Dear Ms. Reed:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“I am sure that you are aware that Washington County is now in the process of a re-registration. A copy of the proposal and acceptance is attached for your information.

“The Election Commissioners and I have a question that we need answered in writing for future use. Please note in paragraph 2 of my letter to the Justice Department dated October 9, 1985, the language '. . . . that I agreed with Ms. Friedman of your staff that the county will retain its current voter registration books until December 31, 1988, . . .' The intent of my language in this paragraph was strictly as to 'voter registration books' and was not to be interpreted as the 'poll books' which the Election Commissioners maintain and which are sent out to the voting precincts on election days. Under our theory, the 'poll books' can be purged by marking out names as the people re-register and these 'poll books' and the computer printouts showing the names of the people who have re-registered will be used at the various precincts on election days. If a person presents himself at a precinct to vote and his name is not found on either the computer printout or the 'poll books', the poll managers can call my office and we can search the 'registration books'. This should insure that no one is denied the right to vote if they have ever registered since 1970.”

We understand your basic question to be whether Washington County's re-registration plan as approved by the U.S. Department of Justice precludes the County Election Commission from revising the registration and poll books as prescribed by State law.

In the approved plan we find the following:

“Publicity will initially be geared to inform all citizens that Washington County will conduct a re-registration. The re-registration drive will begin on January 1, 1986 and will end on December 31, 1986 at the end of the work day (5 p.m., CDT). The books as they are on December 31, 1985 will continue to be used, along with the 'new books' for the period of re-registration and for thirty (30) days after the re-registration period ends as to any elections that might be held. ” (Emphasis added)

You state in your letter that you agreed with the U.S. Justice Department that the County would retain its current registration books until December 31, 1988.

Mississippi Code Annotated §§ 23-5-79, -80, and -81 (Supp. 1985) are the principal statutes governing the revision of registration and poll books. Each of these Code sections mandate that the commissioners of election meet on prescribed days to “carefully revise the registration books and the pollbooks of the several election districts. . .”.

Each of these Code sections, as amended, have been precleared by the U.S. Justice Department.

In response to your inquiry, it is the opinion of this office that the approved re-registration plan does not preclude or relieve the County Election Commission from complying with the State laws governing the revision of registration books and poll books.

However, such revisions would be limited to the routine matter of removing from the books the names of individuals who have died, moved, or have been disqualified and would not include marking out the names of individuals as they re-register.

Very truly yours,

Edwin Lloyd Pittman Attorney General.