Mississippi Advisory Opinions July 15, 1986: 19860715 (July 15, 1986)

Advisory Opinion Text

Honorable Michael D. Childs

Circuit Clerk

Franklin County

Post Office Box 267

Meadville, Mississippi 39653

Voter Registration and Poll Books

Dear Mr. Childs:

Attorney General Pittman has received your request for an opinion and has assigned it to me for research and reply. Your letter states several questions concerning entry and removal of names of voters on the registration and poll books. For the sake of brevity, your specific questions are synopsised as follows:

1. Whose responsibility is it to add names to the registration and poll books when the registrant is not denied registration?

2. If a voter makes a written request to transfer from one county precinct to another, is the registrar allowed to make the change on the registration and poll books at the time of receipt of such request?

Miss. Code Ann. § 23-5-29 (Supp. 1985) provides that:

“[t]he registrar shall keep his books open at his office and shall register the electors of his county at any time.”

Miss. Code Ann. § 23-5-33 (1972) requires an applicant to complete the application form after which the registrar, provided it appears by said application that the applicant is entitled to register, “shall endorse upon the application the words 'APPROVED FOR REGISTRATION, ' and the applicant shall be entitled to register upon his request for registration made in person to the registrar, or deputy registrar, ”.

Miss. Code Ann. § 23-5-25 (Supp. 1985) provides that the voter registration books consist of “copies of the applications for registration completed by electors which applications shall show the date of registration and signature of elector, and such files shall be known as registration books”.

And finally, Miss. Code Ann. § 23-5-31 (Supp. 1985) provides:

Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his name on the application for registration to vote shall be registered by the registrar on the registration books of the election district of the residence of such person . (Emphasis added.)

In view of the foregoing statutory authority, this office is of the opinion the registrar or deputy registrar is vested the authority, with regard to those applicants who have not been denied registration, to enter the signed applications into the registration books and then to register same on the registration books of the election district of the residence of such persons.

by way of additional information, I am incorporating herein the attached opinion of this office dated June 19, 1986, to Honorable Nancy White Reed with regard to the use of computer print-outs as registration books.

In response to the second question, I am incorporating herein by reference the attached opinion dated October 24, 1977, to Mrs. Jo Ann O'Neil wherein this office determined that the registrar has the authority, upon request by a voter and proper verification, to make the necessary changes on the registration and poll books so as to reflect the voter's change of address and corresponding change of voting precinct. Of course, this authority is also vested with the election commission.

If this office can be of further assistance to you, please do not hesitate to let us know

Sincerely,

Edwin Lloyd Pittman Attorney General.